Charlotte-Mecklenburg Police Department Interactive Directives Guide This document contains the following:  CMPD Directives Section: o 100 - Organization o 200- Administration and General Management o 300 - Personnel Management and Employee Programs o 400 - Equipment and Uniforms o 500 - Searches, Arrest and Detention o 600 - Operations o 700 - Impounded Property o 800 - Information and Records o 900 - Departmental Information Policies Note: The Police Law Bulletins and City of Charlotte Polices may now be found on the main CMPD Portal Page. CMPD personnel will be responsible for reading the directives and law bulletins as they appear on the employee development plan in the Plateau System. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 02/02/2015 I. 100-001 Mission Statement Effective Date 03/13/2009 1 of 1 PURPOSE The Charlotte-Mecklenburg Police Department will build problem-solving partnerships with our citizens to prevent the next crime and enhance the quality of life throughout our community, always treating people with fairness and respect. II. WE VALUE: • Our Employees • People • Partnerships • Open Communications • Problem Solving • Integrity • Courtesy • The Constitution of North Carolina • The Constitution of the United States Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 04/01/2015 I. 100-002 Limitation of Liability Effective Date 02/06/2009 1 of 1 PURPOSE This manual consists of departmental directives, which are for the internal use of the CharlotteMecklenburg Police Department and in no way enlarges an officer’s civil or criminal liability. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of the departmental directives, if proven, can only form the basis of a complaint by this Department in a non-judicial administrative hearing. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 06/03/2015 I. 100-003 Jurisdiction and Authority Effective Date 09/15/2009 1 of 3 PURPOSE The purpose of this policy is to define the territorial jurisdiction and delegation of authority of sworn officers of CMPD. II. POLICY A. Jurisdiction 1. CMPD derives its authority from the North Carolina General Statutes and Session Laws, the Code of the City of Charlotte, and the Agreement between the City of Charlotte and Mecklenburg County for the Consolidation of the Charlotte and Mecklenburg Police Departments. 2. The Chief of Police and all sworn officers will have full law enforcement authority within the boundaries of Mecklenburg County and on all property owned by or leased to the City or County wherever located within the State of North Carolina. NOTE: The territorial jurisdiction of CMPD extends to and includes the entirety of Lake Norman, Lake Wylie and Mountain Island Lake, and the shoreline area of each body of water. 3. The Chief of Police and all sworn officers have the authority to arrest anywhere in the State of North Carolina for a felony committed in Mecklenburg County as described in paragraph II - A - 2, and have the authority to pursue an offender who is in immediate and continuous flight, outside of this jurisdiction, in accordance with CMPD policy. 4. When an offense is committed, a felony within the territory described above, under circumstances that would authorize an arrest without a warrant, an officer has the authority to pursue the offender who is in immediate and continuous flight, outside said territory, in accordance with CMPD policy. 5. Officers in pursuit of a person who is in immediate and continuous flight from the commission of a crime dangerous to life are authorized to enter South Carolina in a vehicle or foot pursuit to affect the arrest of the offender. Officers engaged in a vehicle pursuit into the state of South Carolina for a crime dangerous to life must adhere to the provisions set forth in CMPD Directive 600-022 Emergency Response and Pursuit Vehicle Operations. 6. Mutual Aid to Municipal or County Police, or Sheriff’s Office The Chief of Police, or designee, pursuant to state law, may temporarily provide assistance to another municipal or county police department, or sheriff’s office if so requested in writing by the head of the requesting agency. While working for the requesting agency, officers will have the same powers, rights, privileges and immunities as the officers of the requesting agency. 7. Mutual Aid to State Law Enforcement Agencies Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 06/03/2015 100-003 Jurisdiction and Authority Effective Date 09/15/2009 2 of 3 The Chief of Police, or designee, pursuant to state law, may temporarily provide assistance to a state law enforcement agency in enforcing the laws of North Carolina if so requested in writing by the head of the State agency. While working with the State agency, an officer will have the same jurisdiction, powers, rights, privileges and immunities as the officers of the state agency. B. Oath of Office Before entering upon the discharge of their duties, the Chief of Police and each CMPD officer will swear or affirm to the following oath administered by the City Clerk or other official authorized by law to administer such oaths: I, [individual officer’s name], do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent herewith; that I will be alert and vigilant to enforce the criminal laws of this State; that I will not be influenced in any manner on account of personal bias or prejudice; that I will faithfully and impartially execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me, God. C. Discretion CMPD officers are authorized to make discretionary decisions within their lawful span of authority. Officers have the discretion not to arrest except for offenses and violations in which the suspect, by law, must be arrested. The use of discretion includes the use of alternatives to arrest. Alternatives to arrest available to officers include, but are not limited to, the use of citations for non-violent misdemeanors and infractions; verbal and written warnings; and referral to other agencies. The use of discretion does not authorize officers to overlook criminal activity. D. Empowerment Empowerment is the concept of transferring decision-making, controls and information to the lowest ranking levels of CMPD. 1. Supervisors and managers must create a work environment where employees will choose to exert themselves to deliver a higher level of service to the public and to the department. This environment will enable employees to make prompt, informed decisions within their responsibility. 2. This decision making ability is accompanied by the delegated authority and each employee is accountable for the use of this delegated authority. 3. The empowerment of employees will require supervisors to clearly communicate expectations to employees to transfer decision-making responsibility to the employee. Supervisors will remain accountable for the activities of employees under their immediate command. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 06/03/2015 E. 100-003 Jurisdiction and Authority Effective Date 09/15/2009 3 of 3 Delegated Authority When Command level supervisors and managers are unavailable to provide command and supervision of their area of responsibility, they will delegate this authority to another supervisor or manager. When delegating this authority, notification will be made in writing to the Command Staff and Communications Supervisors. III. 1. The supervisor that has been delegated the authority of his/her command level supervisor or manager will have the authority and responsibility to supervise their delegated area of responsibility and all personnel. These supervisors are accountable for the decisions made under that delegated authority. 2. In the sudden or unplanned absence of the Command level supervisor or manager, and if no acting commanding officer or manager has been designated, the senior ranking officer in that same chain of command will assume command until relieved by higher authority. REFERENCES 600-025 Incident Command System NCGS 15A-402 Territorial Jurisdiction of Officers to Make Arrests NCGS 77-38 Authority of Police Officers on Lake Wylie NCGS 77-78 Authority of Police Officers on Mountain Island Lake NCGS 160A-285 Powers and Duties of Policemen NCGS 160A-286 Extraterritorial Jurisdiction of Policemen NCGS 160A-288 Cooperation Between Local Law Enforcement NCGS 160A-288.2 Assistance to State Law Enforcement Agency Session Law 1969-1089 An Act to Establish the Lake Norman Marine Commission Session Law 1969-1170 An Act to Grant Countywide Jurisdiction to the Police Department of the City of Charlotte Agreement Between the City of Charlotte and Mecklenburg County for the Consolidation of the Charlotte and Mecklenburg County Police Departments, October 1, 1993, July 1, 1996 Code of the City of Charlotte, Section 16-28 CMPD Jurisdiction Map CMPD Regional Mutual Aid Agreements SC Legislation: S.C. Code § 17-13-47 (2006) CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 02/02/2015 100-004 Discipline Philosophy Effective Date 4/16/2001 1 of 4 Tensions and hostility are a part of policing. Police officers must, as part of their job, issue orders to people, catch them in violation of laws, deprive them of their freedom, and bring charges that may lead to the imposition of severe punishment. Contacts between officers and citizens are often initiated under conditions that are emotionally charged, such as immediately after a fight or other disturbance, or following the commission of a crime. Even the person getting a traffic ticket frequently becomes indignant. However scrupulous the police may be in carrying out their responsibilities, they are bound to incur the wrath of some of those against whom they must proceed. This hostility manifests itself in various forms -- sometimes immediately, by verbal abuse or physical resistance to the police; sometimes later by alleging that the officer's actions were improper or illegal. Under such circumstances an officer must be able to count on support for actions taken in the line of duty. The police officer expects and indeed needs some insulation from the community being served. But insulation can serve as a shield for the officer who is not so scrupulous -- who in fact acts improperly. Herman Goldstein Policing a Free Society - 1977 The adversarial nature of policing is one of the key factors noted by Herman Goldstein that complicates the control and review of police actions and behavior. The public grants the police considerable authority to act on its behalf in the effort to create an environment as free of crime, the fear of crime, drug abuse, violence and disorder as possible. Although in almost all encounters with the public, police officers and nonsworn employees use this authority appropriately, there are times when citizens have legitimate questions about how this authority has been used. Unfortunately there are also times when that authority has been abused. Therefore, it is critical that a system of discipline be established that contributes to minimizing abuse of authority and promotes the department's reputation for professionalism. The most effective disciplinary system is one that combines the reinforcement of the right set of values in all employees with behavioral standards that are established in clear policies, procedures and rules that are consistently and fairly applied. Each employee of the Charlotte-Mecklenburg Police Department must understand and be guided by the standards that have been established in the department policies, rules, regulations and procedures. Employees of the Charlotte-Mecklenburg Police Department are expected to conduct themselves, both in interactions with each other and with the public, in a manner that conveys respect, honesty, integrity, and dedication to public service. In turn, employees of the department can expect to be treated fairly, honestly and respectfully, by their peers and other employees of the department who hold positions of greater or lesser organizational authority. It is recognized and understood that employees of the department will make judgmental errors from time to time in carrying out their responsibilities. In fact, employees who never make any mistakes may be doing very little to try to improve the performance of the department. While each error in judgment offers an opportunity for the department and the individual to learn, it is also understood some errors will have greater consequences than others will for the public, the department and the employee. The department has an obligation to make its expectations as clear as possible to employees. The department has an equal obligation to make the consequences for failing to meet those expectations clear. While both of these obligations are difficult to meet, the latter is obviously more complex. There are often circumstances that may have contributed to errors of judgment or Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 02/02/2015 100-004 Discipline Philosophy Effective Date 4/16/2001 2 of 4 poor decisions that need to be considered when determining the appropriate consequences for behavior found improper. In trying to define fair and consistent treatment in disciplinary matters in the abstract, employees often say they would like the department to give them a list of the prohibited behaviors along with the consequences for engaging in those behaviors. Experience tells us though, when employees are directly involved in the disciplinary process -- either as the subject of the process or in a review capacity to recommend or decide on the consequences – most want to consider the consequences in light of the circumstances that might have contributed to the violation. This of course is a critical aspect of the application of discipline in a consistent and fair manner. For some employees consistency is seen as the same treatment for the same behavior in every case, and it is thought if this is done, the consequences will be fair to everyone. For the Charlotte-Mecklenburg Police Department consistency is defined as holding everyone equally accountable for unacceptable behavior and fairness is understanding the circumstances that contributed to the behavior while applying the consequences in a way that reflects this understanding. In order to ensure that employees are treated in a consistent and fair manner, the application of consequences for behaviors that are not in keeping with the expectations of the department will be based upon a balanced consideration of several factors. A number of factors that are considered in the application of discipline are identified and discussed below. All of these factors will not apply in every case. Some factors may not apply to the particular set of circumstances. Also, there may be a tendency to isolate one factor and give it greater importance than another. These factors should generally be thought of as being interactive and having equal weight, unless there are particular circumstances associated with an incident that would give a factor greater or lesser weight. The factors which will be considered in disciplinary matters include: Employee Motivation: The police department exists to serve the public. One factor in examining an employee's conduct will be whether or not the employee was operating in the public interest. An employee who violates a policy in an effort to accomplish a legitimate police purpose that demonstrates an understanding of the broader public interest inherent in the situation will be given more positive consideration in the determination of consequences than one who was motivated by personal interest. Obviously there will be difficulty from time to time in determining what is in the public interest. For example, would it be acceptable for an employee to knowingly violate an individual's First Amendment right to the freedom of speech to rid the public of what some might call a nuisance? Or is it acceptable as being in the public interest to knowingly violate a Fourth Amendment right against an unlawful search to arrest a dangerous criminal? Although it would clearly not be acceptable in either case for an employee to knowingly violate a Constitutional right, these are very complex issues that officers are asked to address. The police have a sworn duty to uphold the Constitution. It is in the greater public interest to protect those Constitutional guarantees in carrying out that responsibility even though it might be argued the public interest was being better served in the individual case. But if an employee attempts to devise an innovative, nontraditional solution for a persistent crime or service problem and unintentionally runs afoul of minor procedures; the desire to encourage creativity in our efforts at producing public safety will carry significant weight in dealing with any discipline that might result. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 02/02/2015 100-004 Discipline Philosophy Effective Date 4/16/2001 3 of 4 The Degree of Harm: The degree of harm an error causes is also an important aspect in deciding the consequences of an employee's behavior. Harm can be measured in a variety of ways. It can be measured in terms of the monetary cost to the department and community. An error that causes significant damage to a vehicle for example could be examined in light of the repair costs. Harm can also be measured in terms of the personal injury the error causes such as the consequences of an unnecessary use of force. Another way in which harm can be measured is the impact of the error on public confidence. An employee who engages in criminal behavior – selling drugs for example -could affect the public confidence in the police if the consequences do not send a clear, unmistakable message that this behavior will not be tolerated. Employee Experience: The experience of the employee will be taken into consideration as well. A relatively new employee (or a more experienced employee in an unfamiliar assignment) will be given greater consideration when judgmental errors are made. In the same vein, employees who make judgmental errors that would not be expected of one who has a significant amount of experience may expect to receive more serious sanctions. Intentional/Unintentional Errors: Employees will make errors that could be classified as intentional and unintentional. An unintentional error is an action or decision that turns out to be wrong, but at the time it was taken, seemed to be in compliance with policy and the most appropriate course, based on the information available. A supervisor for example, might give permission for a vehicle pursuit to continue on the basis the vehicle and occupants met the general description of one involved in an armed robbery. The pursuit ends in a serious accident and it is learned the driver was fleeing because his driver’s license was expired. Under these circumstances, the supervisor's decision would be supported because it was within the policy at the time it was made. Unintentional errors also include those momentary lapses of judgment or acts of carelessness that result in minimal harm (backing a police cruiser into a pole for example, failing to turn in a report, etc.). Employees will be held accountable for these errors but the consequences will be more corrective than punitive unless the same errors persist. An intentional error is an action or a decision that an employee makes that is known (or should be known) to be in conflict with law, policy, procedures or rules at the time it is taken. Generally, intentional errors will be treated more seriously and carry greater consequences. Within the framework of intentional errors there are certain behaviors that are entirely inconsistent with the responsibilities of police employees. These include lying, theft, or physical abuse of citizens and other equally serious breaches of the trust placed in members of the policing profession. The nature of the police responsibility requires that police officers be truthful. It is recognized however, that it is sometimes difficult to determine if one is being untruthful. The department will terminate an employee's employment when it is clear the employee is intentionally engaging in an effort to be untruthful. Every effort will also be made to separate individuals from the department found to have engaged in theft or serious physical abuse of citizens. Employee's Past Record: To the extent allowed by law and policy an employee's past record will be taken into consideration in determining the consequences of a failure to meet the department's expectations. An employee that continually makes errors can expect the consequences of this behavior to become progressively more punitive. An employee that has a record of few or no errors can expect less stringent consequences. Also, an employee whose past reflects hard work and Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 02/02/2015 100-004 Discipline Philosophy Effective Date 4/16/2001 4 of 4 dedication to the community and department will be given every consideration in the determination of any disciplinary action. Following the careful consideration of all applicable factors in any disciplinary review, every effort will be made to determine consequences that consistently and fairly fit each specific incident. The rationale for disciplinary decisions will be explained as clearly as possible. The Charlotte-Mecklenburg Police Department has a well established tradition of serving the community with integrity and in a professional manner. It is among the finest police organizations in this nation. To maintain that tradition and continue improving the quality of service the department provides to the community, each and every employee must accept the responsibility for their role in maintaining integrity, quality and high professional standards. Charlotte-Mecklenburg Police Department 100-005 Field Services Interactive Directives Guide Effective Date 08/20/2013 I. 1 of 4 PURPOSE This directive outlines the general organizational structures and composition of the CMPD Field Services. II. POLICY CMPD will provide twenty-four (24) hour police service to the citizens of Charlotte and the unincorporated areas of Mecklenburg County. Every patrol division of the Field Service Groups will maintain shift configurations to ensure adequate staffing for twenty-four (24) hour police coverage of their assigned geographic locations. CMPD undergoes periodic evaluations to ensure that it is organized in such a way as to meet the needs of the Charlotte-Mecklenburg community. These evaluations may result in changes in structures, resources and distribution of personnel as required. III. IV. DEFINITIONS Service Area: A geographical location that is divided by three or more Patrol Divisions. Patrol Division: A geographical location within a Service Area that is divided by Response Areas. Response Area: A smaller geographical location within a Patrol Division to which patrol officers are assigned to provide police services PROCEDURE A. Administration Command and Control 1. 2. B. CMPD is geographically divided into two Field Service Groups, each containing Service Areas which are further divided into Patrol Divisions and additionally into Response Areas. a. Field Service Groups are commanded by a Deputy Chief. b. Service Areas are commanded by a Patrol Major. c. Patrol Divisions are commanded by a Patrol Captain. d. Response Areas are commanded by a Patrol Lieutenant. Each employee is accountable to only one chain of command at any given time. Line supervisors will have shared authority when working together in the same Divisions. Field Service Group Staffing and Shift Assignments In order to achieve organizational goals and objectives, provide effective coverage and ensure accountability, the Field Service Groups have established the following: Charlotte-Mecklenburg Police Department Interactive Directives Guide Field Services Effective Date 08/20/2013 2 of 4 1. Service Areas and ultimately division staffing levels will be determined by the Service Area Majors, with the final decision resting with the Field Service Groups Deputy Chiefs. 2. Upon completion of the Police Academy, officers will be assigned to a Service Area within one of the Field Service Groups with a designation to a Division. This initial assignment will in part be determined in the following manner: 3. 4. V. 100-005 a. Recruit completes the Personal Information Form. b. Recruit may list three preferred division locations. c. Service Area Majors and Division Captains make selections based on Division needs and recruit skills. Officers are assigned to a specific shift or specialty unit within their Division and responsibility for these assignments rest with the Division Captain. a. MPP is one of many tools that can be utilized by the Division Captain for determining monthly shift staffing; including the establishment of minimum staffing levels and the rotation of days offs. Day to day staffing is the responsibility of the Response Area Lieutenants and shift sergeants. b. Officers may be moved or rotated to different shifts by the Division Captain. Officers may submit a request through their chain of command to move to another shift. Final decisions rest with the Division Captain. c. Officers may be transferred out of the Division/Service Area at the recommendation of the involved Command Staff and the approval of the executive staff. All staffing during emergency situations will follow the CMPD Emergency Mobilization Plan. This plan allows for maintaining twenty-four (24) hour police services within the Divisions while providing adequate staffing for response to calls for service and managing the emergency situation. a. Divisions are responsible for maintaining current emergency lineups, both eight (8) and twelve (12) hour schedules for use by the Command Center. b. Division emergency lineups will reflect all available personnel. PERSONNEL DUTIES, AUTHORITY AND RESPONSIBILITIES A. Authority and Responsibility 1. All supervisory personnel are accountable for the activities of employees under their immediate command. Charlotte-Mecklenburg Police Department Field Services Interactive Directives Guide 3 of 4 Effective Date 08/20/2013 2. When an employee holding the rank of Captain or above needs to delegate their authority to a lower or equal ranking supervisor, notification must be made to the appropriate CMPD Command Staff. 3. The Division Captain has overall responsibility for ensuring the Division staff focuses on quality of life issues and crime trends. The Captain will encourage involvement of all division personnel in community-based problem solving efforts. The Captain will establish performance expectations for the Response Areas and analyze the effectiveness of the divisions’ problem solving efforts. 4. Lieutenants are responsible for ensuring that problems within the response area are being identified, analyzed, responses are developed and implemented and the effectiveness of the responses are assessed. They are also responsible for ensuring effective communication within the response area, between other response area teams and the Division Captain. 5. Patrol Sergeants will have responsibility for a shift or other specialized functions as directed by the Response Area Lieutenants and the day to day supervision of the officers assigned to a shift. Patrol Sergeants will ensure that: at the start of each shift officers are made aware of: 6. B. 100-005 a. Unusual situations, investigations, etc. wanted persons, stolen vehicles, b. Changes in schedules and assignments. c. New policies and procedures or changes in policy or procedure. major Patrol Sergeants will ensure that at the start of each shift: a. The division is adequately staffed with proper deployment of officers within the assigned service area. b. Officers are reminded about required in-service training as needed. Training will include, but is not limited to, Temporary Holding Facilities training that will be held once per year at every location that has or uses temporary holding areas. Operational Concepts 1. CMPD will build problem solving partnerships with our citizens to prevent the next crime and enhance the quality of life throughout our community, always treating people with fairness and respect. 2. Each Patrol Division will contain definable Response Areas to which officers are specifically assigned, across all shifts and days of the week. Each Response Area will have at least two community coordinators and a Lieutenant whose responsibility it is to identify all crime and quality of life issues within the Response Area and coordinate a response. The Lieutenant is accountable to Charlotte-Mecklenburg Police Department 100-005 Field Services Interactive Directives Guide Effective Date 08/20/2013 4 of 4 the Division Captain for all activities within that Response Area. The Response Area is designed to strengthen ownership and accountability for crime reduction and community safety. It enables officers to become more familiar with the people who live and work, patterns of crime and suspect behaviors, and community resources that may be leveraged to address crime and quality of life issues. 3. VI. Each Patrol Division will staff a selective group of officers to focus on specific crime trends in the community. These officers will be configured at the discretion of the Division Captain. The officers can be organized as a single unit and led by a sergeant, or the assets divided amongst the response areas to be deployed by their respective Lieutenants to crime hot spots or areas where emerging crime trends are identified. Each division can set its own deployment priorities. REFERENCES 100-003 Jurisdiction and Authority CALEA: 1.2.3; 11.2.1; 16.2.1; 41.1.1; 41.1.2 Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 I. 200-001 1 of 15 PURPOSE To establish a procedure for addressing employee misconduct in a uniform manner, to provide the public with a fair and effective avenue for complaints against CMPD or CMPD employees, to protect all employees from false allegations, and to ensure that accused employees are treated fairly. II. III. POLICY A. CMPD expects all employees to maintain professional standards in their conduct on and off duty, and observe all policies and procedures in carrying out their responsibilities. B. CMPD will investigate all complaints against employees to final disposition. When directed by the designated department authority, employees are required to make truthful statements during administrative investigation or inquiry. C. CMPD has the responsibility to identify and address employee behavior that discredits the department or impairs its effective operation. Rights of the employee and the public must be preserved, and any investigation or hearing arising from a complaint will be conducted in a fair and timely manner with truth as its primary objective. DEFINITIONS A. Chain of Command Review Board: A disciplinary review board comprised of an employee’s immediate chain of command. B. Independent Chain of Command Review Board: a disciplinary review board comprised of supervisors who are not members of the employee’s immediate chain of command. Independent review board members are selected from a pool of available supervisors. C. Mini Hearing: An independent chain of command review board that reviews Internal Affairs investigated/ ICOC review level cases where audio and/or video exists that clearly indicates that the officer had a lawful basis for the action(s) taken that resulted in the complaint or where audio/video clearly refutes the allegation made. A mini ICOC hearing will be convened to review and adjudicate the investigation; however, no charges will be levied against the accused employee nor will the employee be required to attend the hearing. D. Subject Matter Expert Board (SMEB): An internal board comprised of personnel selected by the Chief of Police with advanced knowledge and experience dealing with a specific subject. SMEB ‘s will document their findings in the transfer notes in IACMS. All SMEB members are required to sign a confidentiality agreement in order to review employee case files. In addition, the employee subject to the SMEB review must provide written consent authorizing SMEB review. Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 2 of 15 Each board is available to review and advise whether case events are consistent or inconsistent with CMPD training. SMEB’s are available to review the following types of internal cases. 1. Use of Force and CEW 2. Driving/Accident Review 3. Fourth Amendment 4. Any other investigation as determined by the Chief of Police. E. Civil Service Board: A seven member board established with the principal functions of establishing requirements for police and fire applicants and to hold hearings of an employee against whom charges have been brought and to approve all agency promotions and demotions. Members of the board are appointed to three year terms by the City Council and the Mayor. F. Citizens Review Board: An eleven member advisory board to the Chief of Police, City Manager, and City Council with the principal function of reviewing appeals by citizens who file complaints on the dispositions imposed by the Chief of Police relating to allegations of misconduct against sworn police officers. The board may hear appeals regarding allegations concerning: 1. Use of Force 2. Unbecoming Conduct 3. Arrest Search and Seizure 4. Arbitrary Profiling G. Internal Affairs Case Management System (IACMS): A secure software application where investigations can only be accessed by an investigated/accused employee’s chain of command, or Internal Affairs. H. Adjudication: Each allegation of employee misconduct must be adjudicated in one of the following ways: 1. Sustained: The investigation disclosed sufficient evidence to prove the allegation made in the complaint. 2. Unfounded: An adjudication whereby the investigation proved the allegation to be false. The incident never occurred or the employee was not involved in the incident, or the investigation conclusively proved that the employee’s alleged act or actions that would constitute misconduct did not occur. 3. Not Sustained: The investigation failed to disclose sufficient evidence to prove or disprove the allegation made in the complaint. Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 4. IV. V. 200-001 3 of 15 Exonerated: The acts which provided the basis that the complaint or allegation occurred, but the investigation revealed that the acts were justified, lawful and proper. PROCEDURE A. All allegations of employee misconduct and complaints against CMPD will be fully investigated and documented. All allegations of employee misconduct and completed investigations will be recorded and stored in IACMS. Any paper copies of complaint investigations will be stored and maintained in the secured storage area in the Internal Affairs Office. B. All investigations of employee misconduct require review and disposition by a chain of command, and review by Internal Affairs. Upon completion of review and disposition each member in the chain of command will utilize the transfer function in IACMS to route the investigation to the next higher level in the chain of command. All dispositions and discipline will be recorded and stored in IACMS. C. When an employee’s continued presence at work would be a detriment to the efficiency of the department or to public safety, the Chief of Police or his designee may place an employee on administrative leave with pay. This action may be taken prior to the employee being provided with an opportunity to explain or justify his or her behavior. When such action is taken, the supervisor or commander responsible for making the notification shall notify the employee in writing and shall submit that notification to the Human Resources Division for inclusion in the employee’s personnel record. D. The Chief of Police may exercise final disposition in any disciplinary matter. RECEIVING AND PROCESSING ALLEGATIONS OF EMPLOYEE MISCONDUCT A. Complaint Reception 1. Complaints will be accepted from any source, including by person, mail, email, CMPD Website or telephone. Supervisors must make reasonable and diligent efforts to obtain a statement from any complaining party. a. Every complaining party will be referred to a supervisor or to the Internal Affairs Bureau so that the complaint can be received. b. Without exception, every complaint, which, if true, would constitute a violation of CMPD rules, must be thoroughly investigated and documented by a supervisor in the IACMS. c. When the complainant’s address is known, the supervisor receiving the complaint must complete the complaint acknowledgement form and address and mail it to the complainant. A scanned copy of that acknowledgement letter shall be attached to the electronic IACMS case file. Charlotte-Mecklenburg Police Department Discipline, Internal Investigations, and Employee Rights Interactive Directives Guide Effective Date 12/12/2015 d. B. 200-001 4 of 15 Anonymous complaints will be accepted. The Internal Affairs Commander or his/her designee will review each anonymous complaint and determine the feasibility of further investigation. 2. During the regular working hours of the Internal Affairs Office, allegations of employee misconduct may be referred to the Internal Affairs Bureau. 3. Any allegation of employee misconduct serious enough to require immediate action, such as suspension from duty, must be referred promptly to the employee’s Deputy Chief for review and recommendation to the Chief of Police. 4. The Internal Affairs Commander reports directly to the Chief of Police. On a monthly basis, the Internal Affairs Commander will review all complaint investigations with the Chief of Police. 5. The investigating supervisor will notify the employee within 48 hours of the receipt of the complaint unless doing so would impact the integrity of the administrative and/ or criminal investigation. Complaint Processing 1. Supervisors and commanders will make every effort to fully investigate and adjudicate a complaint, including employee notification of complaint disposition, within forty-five days of its reception. 2. All supervisors will ensure that they enter a preliminary synopsis of all facts known at that time in the system prior to ending their tour of duty the day in which the event occurred. Having an open internal investigation can be a source of stress for employees. In recognition of this, supervisors will adhere to the following timeframes for investigations. This timeframe includes the time for the incident to be investigated and ruled upon by the employee’s chain of command. They are as follows: 1. Motor vehicle crashes 14 days 2. Employee injury 14 days 3. Animal euthanasia 14 days 4. Raid and search 14 days 5. Deployment of TDD (non pursuit) 14 days 6. Use of Force (non-deadly) 14 days 7. Non-Force subject injury 14 days 8. Pursuit 24 days 9. All others 45 days Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 5 of 15 3. Complaints will be investigated by the responsible unit as outlined in Appendix A of this directive, unless otherwise directed by the Chief of Police or the Internal Affairs Commander. The employee’s Deputy Chief must be notified of any transfer/referral of an investigation/complaint by Internal Affairs to the employee’s Chain of Command or transfer/referral of an investigation/ complaint from the employee’s Chain of Command (other than for the formal closing of the case) to Internal Affairs. 4. Notifying Complainants of Case Status and Final Dispositions: 5. VI. 200-001 a. The Supervisors assigned to the complaint will ensure that the complaining party and the accused employee are promptly notified, either orally or in writing, of any delay that extends case adjudication beyond the forty-five day time period. Those communications will include the reason for the delay and anticipated completion date. b. The Supervisors will record all delay notifications in the electronic IACMS by noting the date/time and person notified, and the explanation for the delay, in the Supervisor Synopsis or by attaching a written notification to the electronic case file. c. The Supervisors for the accused employee will ensure the accused employee is notified and acknowledges the allegation through the IACMS case file. d. Internal Affairs will notify all complainants in writing of the complaint conclusion, ensuring that the notification is consistent with all personnel privacy law provisions. Internal Affairs will attach the record to the electronic IACMS case file. Supervisors will ensure that officers involved, to include witness officers, enter their statements prior to ending their tour of duty. Employees will not transcribe their IACMS Statement to their KBCOPS Statement or vice versa. (eg. cut and paste). EMPLOYEE MISCONDUCT ALLEGATION INTERVIEW A. Interviews will be conducted at a reasonable hour, determined by the urgency of the investigation and the employee’s normal work schedule. 1. The employee being interviewed will be informed of the name and rank of all persons present. 2. The employee’s supervisor will be notified when the employee is required to leave their assigned duties or area of assignment. 3. In an administrative investigation, the employee will not be allowed the presence and assistance of counsel during the interview. The employee, Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 6 of 15 however, will be allowed to have a supervisor present. Any supervisor who is selected by an employee to be present during an administrative interview will not be an employee who directly participated in the incident. 4. Before the interview begins, the employee must be informed in writing of the nature of the allegations against him or her and the complainant of the allegation. 5. Reasonable rest periods will be allowed during the interview period. 6. The employee being interviewed will not be subjected to any offensive or abusive language, nor threatened with dismissal or other disciplinary action. 7. Employee Participation in the Interview: 8. a. The employee must truthfully answer all questions posed by the investigating supervisor in an administrative investigation. b. Prior to the interview, the employee must be informed that refusal to answer questions in an administrative investigation can become the basis for disciplinary action. c. Prior to the interview, the employee must be advised in writing (or orally, if the interview is conducted by telephone and the conversation is recorded) that he or she has no constitutional right to refuse to answer questions relating to the investigation, because nothing he or she says in response to questions can or will be used against him or her in a criminal prosecution. d. The investigating supervisor shall attach the advisement of administrative rights form or recorded acknowledgement to the case file in the IACMS. Criminal investigations will not be conducted by Internal Affairs, but will be referred to the appropriate criminal investigative unit or agency. Employees who are the subject of criminal investigations will be afforded all applicable constitutional rights. B. Investigation referrals to the Subject Matter Expert Board (SMEB) will be made in accordance with the SMEB SOP. C. Polygraph Examination - The following procedures will be used in situations involving polygraph examinations. 1. In a criminal investigation, the employee must be advised of the right to refuse a polygraph examination. Should the employee waive this right and consent to take the polygraph examination, the employee will be informed that any statement or evidence derived from the examination can be used by the Department in both administrative and criminal action. Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 D. VII. 200-001 7 of 15 2. Employees can be required to submit to a polygraph examination in an administrative investigation. Failure to submit may result in disciplinary action. 3. An employee who is the subject of an investigation may request a polygraph examination. Searches 1. Desks, lockers, storage space, rooms, offices, equipment, information systems, work areas and vehicles are the property of the City of Charlotte or Mecklenburg County and are subject to inspection. They may also be searched to retrieve City or County property, or to discover evidence of work related misconduct, if there is reason to suspect such evidence is there. 2. Private property can be stored in areas mentioned above; however, employees will not expect privacy in those areas. Only those employees who are acting in their official capacity may be authorized to search or inspect areas assigned to other employees. E. By using a police telephone line, an employee consents to the conversation being monitored. This also includes conversations on cellular phones and text messaging. F. The procedure outlined in this policy does not preclude a supervisor from holding a corrective interview with any assigned employee in regard to conduct, work performance, efficiency, attendance, or appearance at any time the supervisor deems necessary when the employee is on duty. CHAIN OF COMMAND REVIEW A. B. Independent Chain of Command reviews will be convened for the following Internal Affairs level administrative investigations: 1. Arrest, Search, and Seizure 2. Arbitrary Profiling 3. Unbecoming Conduct 4. Excessive Use of Force 5. Use of Force/ Discharge of a Firearm at a Person 6. Harassment In Internal Affairs investigated/ ICOC review level cases where audio and/or video exists that clearly indicates that the officer had a lawful basis for the action(s) taken that resulted in the complaint or where audio/video clearly refutes the allegation made, a mini ICOC hearing will be convened to review and adjudicate the investigation; however, no charges will be levied against the accused employee nor will the employee be required to attend the hearing. Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 8 of 15 C. Except as noted above in section VII.A, investigations conducted by Internal Affairs that indicate that there is less than a fair probability that employee misconduct occurred will be reviewed by the employee’s Major and Captain/Manager. These cases will be given a final disposition of not sustained, exonerated, unfounded, or will be recommended for a full Chain of Command Review Board. The employee may select an Independent Chain of Command Review Board or a District/Section level Chain of Command Review Board to determine the final disposition. D. Investigations conducted by Internal Affairs that indicate that there is a fair probability that employee misconduct has occurred will be heard by an Independent Chain of Command Review Board or a District/Section level Chain of Command Review Board, at the employee’s selection, to determine the final disposition. E. Disciplinary reviews will be conducted by the Service Area/Bureau level or District/Section level Chain of Command for all investigations completed by the employee’s immediate Chain of Command. These cases will be given a final disposition of sustained, not sustained, exonerated, unfounded, or will be recommended for a full Chain of Command Review Board. The employee may select an Independent Chain of Command Review Board or a District/Section level Chain of Command Review Board to determine the final disposition. F. The Chief of Police or designee may convene an Independent Chain of Command Review Board, Chain of Command Review Board, or SMEB in circumstances deemed appropriate. G. Investigation of ROC Charge 41 allegations: 1. All allegations involving ROC #41 will be investigated by the Internal Affairs Bureau. 2. In cases where audio and/or video exists and clearly indicates that the officer had a lawful basis for the detention or arrest, a mini independent chain of command board hearing will be convened to review and adjudicate the investigation; however, no charges will be levied against the accused employee nor will the employee be required to attend the hearing. 3. In cases where no audio and/or video exists to indicate whether or not the officer had a lawful basis for the detention or arrest, a full ICOC board hearing will be required for adjudication. H. Review of Discharge of Firearms Investigations: 1. All allegations involving discharge of firearms at a person will be investigated by the Internal Affairs Bureau. 2. All discharge of firearms cases involving persons will be reviewed by a standing shooting review board which will consist of: a. The Property and Evidence Division Major Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 3. I. J. VIII. 200-001 b. A Community Relations Committee representative c. The Communications Division Captain d. The Training Academy Captain or Lieutenant e. The Firearms Division Sergeant 9 of 15 Each employee discharge of firearm will be adjudicated in one of the following ways: a. Accidental Discharge b. Justified c. Not Justified Peer member of the Chain of Command Review Board: 1. For any level Independent or Division Chain of Command Review Board, the accused employee may elect to have a peer serve as a member of that board. 2. Peer Selection Process: a. The peer will be selected from a pool of all eligible employees department- wide who are in the accused employee's job classification. If no pool of employees exists within the accused employee’s job classification, the Internal Affairs Commander will select a peer from a similar class of employees. b. The peer may not be a probationary employee, be involved in the case to be heard, have disciplinary action pending, have disciplinary action taken against him or her within the previous twenty-four (24) months, be selected from the accused employee’s division, or be on suspension or other leave. c. Internal Affairs provides two (2) peer employee names to the accused employee, who selects one or rejects both. d. If the employee rejects the first two (2) peer employee names, Internal Affairs will provide one (1) more name for the employee to select one. The accused employee must select one (1) of the three (3) names or elect not to have a peer. e. The Internal Affairs Commander may replace any peer for just cause. The presence and assistance of the employee’s counsel during the review is not permitted. ADJUDICATION OF ALLEGATIONS OF EMPLOYEE MISCONDUCT Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 A. 200-001 10 of 15 Each allegation of employee misconduct must be adjudicated in one of the following ways: 1. Sustained: The investigation disclosed sufficient evidence to prove the allegation made in the complaint. 2. Unfounded: The allegation is false. The incident never occurred or the employee was not involved in the incident, or the investigation conclusively proved that the employee’s alleged act or actions that would constitute misconduct did not occur. 3. Not Sustained: The investigation failed to disclose sufficient evidence to prove or disprove the allegation made in the complaint. 4. Exonerated: The acts which provided the basis for the complaint or allegation occurred, but the investigation revealed that they were justified, lawful and proper. B. The accused employee will be notified through electronic acknowledgement or in writing of the final disposition of each allegation by the individual making the decision. This notification will occur as soon as practical after the disposition is made and the notification form will be attached to the electronic case file in the IACMS. C. The employee will have the opportunity to read, sign, and date any document that contains the results and/or disposition of any investigation, prior to the document being placed in the employee’s personnel file. The employee may attach a reply to any adverse complaint in his/her personnel file. Any reply will also be attached to the electronic case file in the IACMS. D. Supervisors must ensure that an employee’s annual Performance Review and Development (PRD) record includes a brief summary of any sustained complaint and related counseling or reprimand which occurred or was adjudicated in a performance year. E. Employees seeking a review of the adjudication and/or disciplinary action of any hearing resulting in a suspension exceeding forty (40) hours to their Deputy Chief must do so in writing at the time of acknowledging the ruling, which occurs immediately after the hearing. The employee’s Deputy Chief will then have 5 business days upon notification to review the case and make a ruling. In more complex cases the DC review may be extended but will not exceed 10 business days. This review process is in addition to any other appeals processes already afforded the employee (ie. Civil Service appeal or grievances). The Deputy Chief’s ruling may include: 1. Concurrence with the ruling; 2. Amending any section of the board’s ruling (the adjudication and/ or the type or duration of the corrective action rendered); Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 F. 200-001 11 of 15 3. Any recommended disciplinary actions resulting from board hearings will be held in abeyance and not activated until the Deputy Chief review process has concluded. However; at the discretion of the Chief of Police or designee, disciplinary action to include transfers may be immediate in cases where an employee has been cited for termination or the alleged acts that provided the basis for the investigation are considered egregious. 4. The employee’s Deputy Chief will notify Internal Affairs of final ruling to be documented in IACMS. Sworn officers who have completed their probation period have the right to appeal to the Civil Service Board the imposition of any suspension (including a suspension that is deferred). An officer may not appeal the activation of a deferred suspension. Any appeal to the Civil Service Board must be made within 15 days of the date the officer has been notified of the suspension or deferred suspension. 1. The Major assigned to the Internal Affairs Bureau will be responsible for coordinating any departmental response to an appeal to the Civil Service Board filed by an employee. 2. The Captain assigned to the Internal Affairs Bureau will prepare and document an annual analysis of all appeals to the Civil Service Board. 3. Should the completed investigation result in the dismissal of the employee, that employee will be provided the following information in writing: a. A written statement citing the reason for the dismissal b. The effective date of the dismissal c. Referral to CMPD’s Human Resources Division for a written statement covering the status of any fringe or retirement benefits earned. G. Sworn employees who have not completed their probationary period may be terminated by the Chief of Police. Terminated probationary officers have no right to appeal to the Civil Service Board, but may file a grievance in accordance with City grievance procedures. H. Any sworn or civilian employee who has completed six months of service with the City has the right to file a grievance concerning any disciplinary action. Grievances must be filed in accordance with the City grievance policy. A sworn employee cannot appeal to the Civil Service Board and grieve the same disciplinary action. I. All reports resulting from an investigation of an employee, including any disciplinary actions taken, are to be provided to the City Manager if he/she makes such a request, or the Chief of Police feels that the City Manager should be apprised of the investigation. Charlotte-Mecklenburg Police Department Interactive Directives Guide Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 IX. 200-001 12 of 15 J. The resignation of an employee will not prevent CMPD from rendering a decision concerning an internal investigation. K. Internal Affairs Chain of Command Hearing Diversion Program aims to provide an avenue to adjudicate eligible cases without subjecting employees to the stress of a full board. The process for this is listed below. 1. Only internally generated complaints are eligible. External complaints, (complaints generated by a member of the public) must go through the standard Board process. 2. The employee must admit to violating the Rule of Conduct under investigation to the investigating Internal Affairs Sergeant. 3. The employee will be given the option of having the case adjudicated by their Service Area Major. 4. The Service Area Major will be limited in the severity of the corrective action that can be recommended. The maximum corrective action will be twenty-four (24) hours suspended without pay. If the Service Area Major believes that the corrective action could or should exceed a twenty-four (24) hour suspension, the case will be returned to Internal Affairs and an Independent Chain of Command Review Board will be scheduled. 5. Any employee who is suspended for twenty-four (24) hours or less may forfeit accrued vacation leave for all or part of the suspension. 6. Sworn officers who have completed their probationary period have the right to appeal to the Civil Service Board the imposition of any suspension (including a suspension that is deferred). 7. Cases eligible for diversion will be determined by Internal Affairs Command Staff. The determination will be dependent on the severity of the event with the purpose of maintaining department-wide consistency within the discipline process. CORRECTIVE ACTION GUIDELINES FOR SUSTAINED ALLEGATIONS OF MISCONDUCT A. Any internal investigation that results in a “sustained” finding requires appropriate disciplinary action by the Chief of Police or designee. All disciplinary decisions will be guided by the department’s Disciplinary Philosophy. B. Training is a non-punitive component of the CMPD Disciplinary Philosophy designed to improve a member’s productivity and effectiveness through the use of positive education and instructional methods. Training may be implemented on its own, combined with, or take the place of, other components of the CMPD Disciplinary Philosophy to correct employee misconduct and/or improve performance deficiencies. Training may also be recommended for allegations not sustained but a performance deficiency has been noted. Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 13 of 15 When training is implemented, the member’s supervisor will coordinate with the Training Division Commander to develop a specific training plan. C. Counseling is a non-punitive component of the CMPD Disciplinary Philosophy intended to correct minor acts of employee misconduct and/or performance deficiencies. Counseling affords supervisors the opportunity to discuss improvement strategies with the employee in relation to work performance deficiencies and/or minor acts of misconduct. D. Written reprimand is the lowest form of formal disciplinary action and is not to be issued when corrective actions have not resulted in the expected improvement or when an employee commits a more serious act of misconduct. Written reprimands will include a description of the incident(s) of misconduct that includes, but is not limited to, specific dates and times, locations, policies and/or procedures violated. X. E. All records of training, counseling or reprimand which are a result of a complaint investigation shall be incorporated as an attachment to the electronic IACMS case file prior to forwarding the case file to Internal Affairs. F. Forfeiting Vacation Leave in Lieu of Suspension: 1. Any employee who is suspended without pay for twenty-four (24) hours or less may forfeit accrued vacation leave for all or part of the suspension. 2. Any employee who is suspended without pay for thirty-two (32) hours or more may forfeit accrued vacation leave for as much as one-half the suspension. 3. An employee may forfeit accrued vacation leave for all or part of a suspension only one time in any consecutive twelve-month period. 4. This provision applies only to suspensions imposed by the Chief of Police or his designee. It does not apply to any suspension imposed by the Civil Service Board. G. Employees are prohibited from engaging in law-enforcement related secondary employment while on suspension from CMPD. H. Employees who have been served a subpoena are still legally bound to attend court while on suspension. RELEASE OF EMPLOYEE INFORMATION IN ADMINISTRATIVE DISCIPLINARY ACTION Administrative disciplinary action that would be identified with any individual employee may not be released to the public or other parties except as provided by N.C.G.S. 160A-168. This statute specifies that the following information must be disclosed to the public: name, age, date of original employment or appointment to the service, current position title, office to which the employee is assigned, current salary, date and amount of all increases or Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 14 of 15 decreases in salary, and the dates of all promotions, demotions, transfers, suspensions, separations, or other changes in position classification. This statute also specifies the following information is public record and will be released upon request: Complete salary history to include benefits, incentives, bonuses and all other forms of compensation, information regarding all promotions, suspension or terminations to include date and amount of each with a general description, and date and type of each dismissal, suspension, or demotion for disciplinary reasons and a copy of the final decision stating the specific acts that form the basis for the dismissal. An employee may have access to his or her personnel file in accordance with the provisions set forth in N.C.G.S/ 160A-168(c) – (c1). XI. REFERENCES Rules of Conduct 100-004 Discipline Philosophy Officer Involved Critical Incident SOP Subject Matter Expert Board SOP N.C.G.S 160A-168 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-001 Discipline, Internal Investigations, and Employee Rights Effective Date 12/12/2015 15 of 15 Appendix A Rule of Conduct Abuse of Position Arbitrary Profiling Arrest, Search, and Seizure Associations Conformance to Laws Gifts and Gratuities Harassment Improper Use of Property and Evidence Insubordination Intervention Labor Activity Participation in Administrative Investigations Political Activity Possession and Use of Drugs Public Statements and Appearances Residence/Telephone Requirement Truthfulness Unbecoming Conduct Unsatisfactory Performance Use of Alcohol on Duty or in Uniform Use of Department Equipment Use of Force Use of Weapons Visiting Prohibited Establishments Charge Code 22 (A1-A3,B-G) 41 (A-D) 29 15 14 (A-C) 23 (A,B1,B2,C) 39 31 4 (A,B) 30 (A1,A2,B) 12 35 (A,B,C1-C5) 13 18 (A,B) 24 (A-D) 7 (A-C) 38 (A1-A6,B,C) 6 (A,B1-B4) 5 (A-C) 17 (A,B) 32 (A,B) 28 (A,B) 27 16 Absence from Duty 9 (A1,A2,B,C) Chain of Command 3 Complaints 26 (A,B) Courtesy 25 (A-C) Departmental Reports and Records 34 (A,B) Driving 40 (A-D) Employment Outside CMPD 11 Identification 21 (A-C) Knowledge of Regulations 1 (A-D) Legal processes Brought By or Against Employees 36 Neglect of Duty 10 (A-H) Personal Appearance 19 (A,B) Radio Communications 33 Reporting for Duty 8 (A-C) Supervision 37 (A,B) Use of Tobacco 20 Violations of Rules 2 Use of Body Worn Cameras 42 (A-D) *Internal Affairs may intervene in any departmental investigation Investigation Level IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA Review Level ICOC or Service Area/Bureau ICOC Review Board ICOC Review Board ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC Review Board ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC Review Board ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC Review Board ICOC or Service Area/Bureau ICOC or Service Area/Bureau COC COC COC COC COC COC Sec. Emp. Unit COC COC COC COC COC COC COC COC COC COC COC ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau ICOC or Service Area/Bureau Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Transfers and Separation Effective Date 04/14/2014 I. 200-002 1 of 3 PURPOSE To establish guidelines for employees who are resigning, retiring, or transferring to a new assignment within the Department. II. POLICY When employees terminate their employment, or transfer within the department, they must transfer the responsibilities of their current position in an organized manner. Employees must have adequate time to complete the final separation. Employees transferring within the Department are obligated to ensure a smooth transition between assignments. III. PROCEDURE FOR SEPARATING EMPLOYEES A. Employees separating from the Department will be scheduled for first shift duty for the final two weeks of their employment. Employees must provide sufficient notice of their resignation or retirement date to allow their supervisor to schedule them for first shift duty. B. During this two-week period, separating employees will complete the following tasks: 1. Participate in an exit interview to be scheduled, conducted, and evaluated by CMPD Human Resources. 2. Properly transfer responsibility for, or dispose of, all evidence and found property in the Property and Evidence Division. 3. Make arrangements regarding pending court cases and cases under active investigation with the supervisor of the division or unit in which the employee worked. 4. Turn in all equipment and uniforms issued by the City. EXCEPTION: Employees separating from the Department that have been immediately accepted into the Police Reserves or retained as a Hire Back employee will keep only the equipment and uniforms that are required by the Police Reserves or Hire Back assignment. 5. C. Complete all appropriate documentation required before proper separation from the Department. This documentation will include the Property Return Statement, Supervisor’s Separation Form, and final clearance forms needed by the Human Resources Division. Supervisors of separating employees will: 1. Ensure all evidence is properly disposed of or if needed transferred to an officer for continued follow up on retention. 2. Ensure that all open-further investigation cases are transferred in KBCOPS to another officer for continued follow up on new information when it becomes available. Charlotte-Mecklenburg Police Department Employee Transfers and Separation Interactive Directives Guide Effective Date 04/14/2014 IV. 200-002 2 of 3 3. Contact the CMPD District Attorney Liaison Sergeant and the Court Liaison Sergeant and make notification of impending separation and determine impact on current court cases. 4. Ensure that employees complete all appropriate documentation required before proper separation from the Department. This documentation will include the Property Return Statement, Supervisor’s Separation Form, and final clearance forms needed by the Human Resources Division. PROCEDURES FOR TRANSFERRING EMPLOYEES A. Prior to transfer of any employee within CMPD a transfer memorandum must be drafted and approved by all involved Chain of Command and approved by the Chief of Police. B. All employees transferring their assignment within the Department are to complete the following tasks: 1. Turn in any equipment issued by the City that is not required in the new assignment. 2. Return any issued equipment belonging to the division or unit to which they are currently assigned. 3. Make arrangements with the supervisor of the division or unit from which the employee is being transferred regarding pending court cases and cases under active investigation. C. The employee's former supervisor will ensure that all pertinent files with performance appraisals, attendance reports, citation receipts, etc., are forwarded to the division or unit to which the employee is transferring. D. When possible, all notices of transfer will be distributed at least one week before the effective date of the transfer. E. The transferring employees gaining supervisor will review and become familiar with the employees PRD, IACMS, and attendance files for the previous three years. F. Transfer to a Specialized Assignment 1. Specialized assignments are characterized by those duties that require extensive specialized training, in order to successfully perform the job requirements. This includes those functions for which both pre- and post-assignment specialized training is required. 2. The following units are considered special assignments: a. SWAT b. Violent Criminal Apprehension Team (VCAT) c. Canine Unit (K9) Charlotte-Mecklenburg Police Department Employee Transfers and Separation Interactive Directives Guide Effective Date 04/14/2014 V. 200-002 d. Electronic Monitoring Unit e. Aviation – Helicopter f. Bomb Squad g. Major Crash Investigation Unit h. Motorcycle Unit i. Lake Enforcement Unit 3 of 3 3. The eligibility requirements and the process for selection to these assignments are covered in the individual division and units SOP’s. 4. Vacancies for these specialized assignments will be advertised department wide. 5. All specialized assignments will be evaluated annually by the appropriate chain of command. This evaluation will include a review of the initial problems or conditions that justified the creation of the assignment, and a review of the services provided during the previous year to determine the continued need for the specialized assignment. REFERENCES 400-001 Uniforms and Personal Appearance 400-003 Equipment CALEA Charlotte-Mecklenburg Police Department Internal Domestic Violence Policy Interactive Directives Guide Effective 06 /17 /2011 I. 200-003 1 of 6 PURPOSE The purpose of this directive is to establish departmental policy for responding to and processing information regarding domestic violence involving law enforcement employees in accordance with Chapter 50-B of the North Carolina General Statutes, as well as related criminal and civil statutes. II. POLICY CMPD recognizes that domestic violence affects people of all walks of life. No person is exempt from the consequences of their actions that result in a domestic violence crime. CMPD will not tolerate acts of domestic violence committed by its employees. Therefore, employees found to have committed domestic violence acts could face disciplinary action that may include a recommendation of termination. This directive describes procedures for handling acts of domestic violence committed by CMPD employees and for implementing prevention strategies. III. DEFINITIONS A. Domestic Violence (DV) – [as defined by N.C.G.S. §50B-1(a)], - is the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense: 1. Attempting to cause bodily injury, or intentionally causing bodily injury; or 2. Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury; or 3. Committing any act defined in N.C.G.S. §14-27.2 through N.C.G.S. §14-27.7. (First-degree rape, Second-degree rape, First-degree sexual offense, Seconddegree sexual offense, Sexual activity by a substitute parent, or Sexual activity by School Personnel). Note: For a complete list of Domestic Violence related offenses, officers should refer to their criminal elements book. B. Personal relationship - is defined by N.C.G.S. §50B-1(b) as a relationship wherein the parties involved: 1. Are current or former spouses; 2. Are persons of the opposite sex who live together or have lived together; 3. Are related as parents and children, including others acting as a parent to a minor child, (in loco parentis) or as grandparents and grandchildren. For purposes of this subdivision, a victim may not obtain an order of protection against a child or grandchild under the age of (16) sixteen; Charlotte-Mecklenburg Police Department Internal Domestic Violence Policy Interactive Directives Guide Effective 06 /17 /2011 IV. 200-003 2 of 6 4. Have a child in common; 5. Are current or former household members; 6. Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. Dating relationship is defined as one wherein; a. The parties are romantically involved over time and on a continuous basis during the course of the relationship b. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship. PROCEDURE While prioritizing the safety of victims, this policy is designed to address prevention through hiring and training practices, provide direction to employees for intervention when warning signs of domestic violence are evident, institutionalize a structured response to reported incidents of domestic violence involving employees, and offer direction for conducting the subsequent administrative and criminal investigations. A. B. Prevention and Training 1. Prevention Through Collaboration - The CMPD will provide all employees with training that will enhance our response to domestic violence victims. This training may be developed through partnerships with local DV agencies. 2. Ongoing Training - The CMPD will use a variety of training techniques including in-service, roll call, PTO, ride-a-longs to regularly reinforce standards of effective response. Early Warning and Intervention 1. Pre-hire Screening and Investigation CMPD will conduct thorough background investigations of all potential new employees. The background investigation will include any past arrests, suspended sentences, diversion programs, convictions and protection orders related to elder abuse, child abuse, sexual assault, stalking or domestic violence. 2. C. CMPD shall, whenever possible provide non-punitive avenues of assistance before an act of domestic violence occurs. Department Responsibilities 1. CMPD shall develop cross-jurisdictional Memorandum of Understanding (MOU) to ensure timely notification of an incident involving an officer. Charlotte-Mecklenburg Police Department Internal Domestic Violence Policy Interactive Directives Guide Effective 06 /17 /2011 D. E. F. 200-003 3 of 6 2. CMPD shall inform employees of the procedure for seeking confidential referrals, either internally or externally, to confidential counseling services. 3. CMPD shall conduct an administrative and/or criminal investigation of any domestic violence report involving an employee. 4. All CMPD personnel shall keep all information concerning victims confidential, including their whereabouts, safety plan and any communications or impounded addresses. 5. Federal law prohibits officers convicted of misdemeanor domestic violence assaults from carrying firearms. CMPD shall ensure compliance of Federal law [(18 U.S.C.S922(g)(9)]. Employee Responsibilities 1. Employees will take personal responsibility in seeking confidential referrals and assistance to prevent a problem from escalating to the level of domestic violence criminal conduct. 2. Employees with information about domestic violence involving themselves or another CMPD employee are required to immediately report that information to a supervisor. 3. Employees who learn they are the subject of any protective order proceeding shall immediately notify their supervisor and provide a copy of the order, Chain of Command Responsibilities 1. Supervisors who are informed about DV incidents will notify the employee’s chain of command. 2. The employee’s division commander/unit manager will promptly attempt to ascertain the validity of the information through a preliminary inquiry. 3. If it is determined that a DV incident may have occurred, the division commander/unit manager will notify the Domestic Violence Unit Supervisor and Internal Affairs. Operations 1. All reports of possible criminal activity implicating police employees in domestic violence shall be documented in accordance with the policies governing the handling of reports of domestic violence involving civilians. Note: All notifications will be made to the Domestic Violence Unit and Internal Affairs Charlotte-Mecklenburg Police Department Internal Domestic Violence Policy Interactive Directives Guide Effective 06 /17 /2011 2. 200-003 4 of 6 Communications Division Communications will immediately notify appropriate supervisors and Internal Affairs of any domestic violence call received that involves, or appears to involve, a police employee, regardless of the involved person’s jurisdiction. G. Field Services Bureau Responsibilities 1. Field Services Officer If officers are dispatched to a scene and determine that the situation involves a CMPD employee or employee of another law enforcement agency, they will immediately notify their supervisor. 2. On-Scene Supervisor Response a. Supervisors will then notify their chain of command and the DV Unit supervisor for a detective to be assigned and possibly respond to the scene. A supervisor will respond to the scene for all employee involved DV incidents. In the event the officer is from another jurisdiction, the supervisor shall ensure that the accused officer’s chief is notified. All notifications and attempts to notify shall be fully documented. b. If prior to the arrival of the DV detective, circumstances exist that support a crime has been committed and the suspect has been identified, officers should follow appropriate procedures to determine if an immediate arrest is necessary. However, officers should not transport the suspect to the intake center until authorized to do so by the DV supervisor. c. The on-scene supervisor shall assume command and ensure that the crime scene is secured and all evidence is collected. Photographic and/or video documentation of the parties involved and scene shall be recorded. d. The supervisor shall inquire as to the safety of all children present at the time of the incident and all children in the household. As appropriate and necessary, the children will be interviewed separately from other parties. e. In cases where probable cause exists, the on-scene supervisor will ensure an arrest is made. f. The supervisor shall notify the Chief of Police and the accused officer’s immediate supervisor as soon as possible. Charlotte-Mecklenburg Police Department Internal Domestic Violence Policy Interactive Directives Guide Effective 06 /17 /2011 H. 5 of 6 Investigative Services Bureau Responsibilities 1. I. 200-003 Domestic Violence Unit Response a. The DV Unit supervisor will assign a DV detective to investigate the incident. b. Criminal cases involving department employees and other law enforcement agencies will be investigated by the DV Unit. c. The DV detective will conduct a thorough criminal investigation. d. The DV detective will ensure that statements are obtained from victims, suspects, and key witnesses. e. The DV detective will ensure that relevant evidence is collected and turned into property control (i.e., photographs of victims’ injuries, weapons, torn clothing, etc.) f. The DV supervisor or another Special Victims Division supervisor will sit in with DV detectives on suspects’ interviews involving sworn personnel. g. If probable cause exists, the DV detective will present the case to the magistrate in an attempt to obtain a warrant(s) for the appropriate charge(s). h. The DV detectives or Liaison will assist the victim with obtain a Domestic Violence Restraining Order, discuss safety planning, and provide DV resource information. 2. All investigations, including misdemeanors, will be reviewed by the District Attorney’s Office. 3. Criminal investigations will be separate from administrative investigations. 4. CMPD employees that are being investigated criminally have the same constitutional rights afforded to all suspects. Internal Affairs Responsibilities 1. CMPD employees that are being investigated administratively must comply with the requirements set forth in CMPD directive 200-001 Discipline, Internal Investigations and Employee Rights. 2. Where sufficient information/evidence exists, CMPD shall take immediate administrative action against the accused employee that may include removal of badge and service weapons, removal of ID and access cards, reassignment, sanctions, suspensions and termination. Charlotte-Mecklenburg Police Department Interactive Directives Guide Internal Domestic Violence Policy Effective 06 /17 /2011 3. V. 200-003 6 of 6 When the investigation of an incident uncovers employees who had knowledge of violence on the part of another employee, but failed to notify the department or engaged in actions intended to interfere with the investigation, CMPD shall investigate those employees and take disciplinary action and criminally charge as warranted. REFERENCES 200-001 Discipline, Internal Investigations and Employee Rights. 600-005 Domestic Violence N.C.G.S. §14-27.7 N.C.G.S. §14-27.2 N.C.G.S. §50B 18 U.S.C.S922 (g) (9). Charlotte-Mecklenburg Police Department Interactive Directives Guide Hazard Communication Standard Effective Date 12/03/2015 I. 200-004 1 of 4 PURPOSE To provide employees with necessary information to ensure that Charlotte Mecklenburg Police Department (CMPD) meets the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) 29 CFR 1910.1200. II. POLICY CMPD employees will be familiar with the location of chemicals stored or maintained for use inside CMPD facilities and the location of the relevant Material Safety Data Sheets (MSDS) that reference these chemicals. III. IV. DEFINITIONS A. Employee: All sworn, civilian, volunteers, and contract personnel working at CMPD. B. Chemical: Any element, chemical compound or mixture of elements and/or compounds that can be in a solid, liquid or gas form. C. Container: Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a chemical. D. Material Safety Data Sheet (MSDS): Information about the chemical, containing its chemical and common name, physical and health hazards, OSHA exposure limits, safe handling precautions and emergency first aid procedures. E. Hazard Communication Standard (HCS): The OSHA Standard pertaining to the “worker’s right to know” which requires that each employee be informed of the hazardous properties of chemicals used in their work environment, precautions to take to protect themselves from these chemicals, and the procedure for accessing this information. F. Hazard Communication Coordinator (HCC): The Hazard Communication Coordinator (HCC) is responsible for the Hazard Communication Program's development and implementation. G. Division Coordinator (DC): Each Division or affected specialized unit will have an employee assist in maintaining that section’s MSDS Information. PROCEDURE A. The Professional Standards Unit (PSU) is responsible for the overall coordination of the HCS program and will be the active Hazard Communication Coordinator (HCC). B. The HCC will ensure that each division updates their chemical list and MSDS’s. A copy of the Hazard Communication Program along with the lists and MSDS’s are kept on the Portal for easy access to all employees. A hard copy of common MSDS’s is kept at the rotunda at CMPD Headquarters and access will be available to all employees anytime during their shift. Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-004 Hazard Communication Standard Effective Date 12/03/2015 2 of 4 Division specific (Animal Care and Control, Aviation, Bomb, Crime Lab, Crime Scene Search, and SWAT) MSDS hard copies will be kept by the division in a conspicuous area (e.g., easily identified, well known and easily attainable), and access should be available to employees anytime during their shift. The HCC will network with the DC to ensure that employees comply with all aspects of the program. 1. C. V. VI. An MSDS on each chemical reported to the HCC will be maintained on the Portal, and a hard copy will be kept at the rotunda at CMPD Headquarters. a. The MSDS will consist of a fully completed OSHA Form 174 or equivalent. b. The DC will be responsible for acquiring and maintaining updated forms and providing electronic copies to the HCC for portal updates. c. MSDS’s will be readily available to all employees. d. The HCC will also review each MSDS for accuracy, completeness, and will determine any possible exemptions. The HCC will consult with the federal/State OSHA Office when additional research or clarification is necessary. 2. The MSDS must be fully completed and on file with CMPD before or upon receipt of the first shipment of any potentially hazardous chemicals purchased from a vendor. 3. DC’s will update their MSDS List and immediately report any changes to the HCC for accurate record keeping. 4. MSDS that are no longer applicable must be kept on file in an inactive section of the MSDS manual for a period of 30 years. The HCC will consult with OSHA to address questions or concerns regarding the program. HAZARDOUS CHEMICAL LIST A. The HCC will maintain a list of all hazardous chemicals used in CMPD facilities, and will update the list as necessary. B. DC’s will have a chemical list generated and made available to employees. C. Any modifications to existing chemical lists must be immediately forwarded to the HCC for accurate record keeping in the form of a revised inventory list and along with a hard copy and electronic copy of the MSDS. LABELS AND OTHER FORMS OF WARNING The DC will ensure that all hazardous chemicals in their assigned area(s) are properly labeled. Labels should list the chemical's identity, appropriate hazard warning, and the name and address of the manufacturer, importer or other responsible party, and other pertinent Charlotte-Mecklenburg Police Department 200-004 Hazard Communication Standard Interactive Directives Guide Effective Date 12/03/2015 3 of 4 information. Corresponding MSDS’s will be used to verify label information. Immediate use containers (i.e., small containers into which materials are drained for use on that shift by the employee drawing the material) do not require labeling. To meet the labeling requirements of HCS for other in-house containers, refer to the label supplied by the manufacturer. The DC will ensure that their labels are legible and current. VII. TRAINING A. The DC will be responsible for advising their division of any potentially hazardous chemicals being introduced as soon as the information becomes available and any necessary training. B. Training will emphasize the following elements: C. VIII. 1. A summary of the HCS. 2. A written HCS program policy. 3. A comprehensive guide to MSDS including the information it contains. 4. Location of Material Safety Data Sheets and how employees may obtain and use appropriate information. 5. Awareness of the emergency plan for the specific work area assigned. The HCC will coordinate with the DC’s to monitor and maintain records of employee training, and advise the Training Academy regarding needs. OUTSIDE CONTRACTORS When necessary, the DC will consult with the HCC regarding any chemical hazard that outside contractors may encounter in the normal course of their work on the premises. IX. NON-ROUTINE TASKS Any CMPD employee contemplating a non-routine task involving hazardous chemicals will consult with the DC responsible for their section. The DC will ensure that employees are informed of hazards associated with the performance of these tasks, and advised of the appropriate protective measures. The HCC and DC will meet with affected employees before such work is conducted. X. CONTRACTOR, EMPLOYER, AND EMPLOYEES A. The HCC will ensure that the contractors have access to information about hazardous chemicals at a job site. The HCC will advise contractors of any chemical hazards, the labeling system, protective measures to be taken, and safe handling procedures that may be encountered in the normal course of work on CMPD property. The location of the MSDS and their availability will be explained to the contractor. B. Any chemicals brought onto CMPD property by the contractor must be explained and the appropriate hazard information, including MSDS and labels used, will be Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-004 Hazard Communication Standard Effective Date 12/03/2015 4 of 4 forwarded to the HCC. The HCC will ensure that this information is made available to all affected CMPD employees. XI. REFERENCES OSHA Hazard Communication Standard (HCS) 29 CFR 1910.1200 Fire Emergency SOP CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-005 Volunteer Parking Enforcement Policy Effective Date 09/18/2009 I. 1 of 3 PURPOSE The Volunteer Parking Enforcement Unit provides a mechanism for increased enforcement of accessible parking and fire lane violations, while allowing selected citizens to take an active role in volunteering with the CMPD. This is an educational partnership with Disability Rights and Resources and the Charlotte Fire Department. As volunteers empowered by the CMPD, they will comply with the policies and procedures of the CMPD and the City of Charlotte. II. POLICY A. B. CMPD will be responsible for the following: 1. Applicant recruitment and screening through the Volunteer Unit. 2. Providing training. 3. Program monitoring and evaluation. 4. Media coverage. 5. Issuing CMPD volunteer identification cards and traffic vests. 6. Providing ticket books. a. The Volunteer Liaison Officer will issue ticket books to the volunteers. b. Completed ticket books will be turned in to the Volunteer Liaison Officer for review. Information from the completed ticket books will be entered into a pre-existing data program to provide ongoing statistical information pertinent to the Volunteer Unit. After data has been entered into the data program, completed ticket books will be kept for a period of one (1) year, at which time they will be turned in to the Property & Evidence Management Division to be destroyed. Volunteer Responsibilities 1. All volunteers must successfully complete the required CMPD training. Volunteers must also complete all yearly training updates. Failure to complete any and all training may result in suspension or termination from the Volunteer Parking Enforcement Unit. 2. Volunteers will wear the issued traffic vest and visibly display their CMPD volunteer identification card on their outermost garment while issuing tickets. Volunteers will visibly display their CMPD volunteer identification card while inside any CMPD facility. Charlotte-Mecklenburg Police Department Volunteer Parking Enforcement Policy Interactive Directives Guide Effective Date 09/18/2009 III. 200-005 2 of 3 3. Volunteers will provide their name and volunteer ID number upon the request of any citizen or officer. 4. Volunteers may conduct their enforcement activity where needed inside the city limits of Charlotte. By ordinance, volunteers are not authorized to take enforcement outside the city limits. 5. Volunteers will not be compensated by the CMPD for the use of their personal vehicle. 6. Volunteers will forward questions and information regarding legally enforceable spaces and compliance issues to Disability Rights and Resources. 7. Failure to provide six months of continued volunteer service may result in dismissal from the Volunteer Parking Enforcement Unit. Volunteers who will be absent from service due to vacations or illness will notify the Volunteer Unit Liaison Officer and will be placed on inactive status until they are able to return to full service. TRAINING AND PROCEDURES A. Training consists of a classroom session conducted by the CMPD and will use any additional resources deemed necessary. B. Contents of the Training Program 1. Program Background: The program was developed to allow concerned citizens the opportunity to aid police in reducing the most common parking violations through directed enforcement. Though authorized to take enforcement through the issuance of tickets, the volunteer’s primary objective is to educate the public of the need for accessible parking spaces and unobstructed fire lanes. 2. Expectations: Volunteers should maintain a level of professionalism in keeping with the CMPD's mission and values. 3. Organizational Structure of the CMPD: Volunteers are acting as representatives of the CMPD, and will act accordingly at the direction of any civilian or sworn personnel. 4. Training: Volunteers will be trained to determine if accessible parking and fire lane violations meet the legal requirements for issuing a ticket, how to issue the ticket, how to avoid conflict, and the importance of educating the public on the proper use of these spaces. Disability Rights and Resources representatives may also train volunteers to recognize the need for accessible spaces and curb cut outs. Once a volunteer identifies this need, they may make a referral to Disability Rights and Resources. Charlotte-Mecklenburg Police Department Interactive Directives Guide Volunteer Parking Enforcement Policy Effective Date 09/18/2009 C. 200-005 3 of 3 5. Issuing Tickets: A ticket should be issued once the volunteer observes a violation. The pink portion of the ticket should be placed under the windshield wiper on the driver's side of the violator's vehicle. The white copy should be turned in to the Records Division, a patrol division office, or a CMPD uniformed officer within 24 hours of issuance. The yellow copy should remain in the volunteer’s ticket book. Volunteers will make appropriate notes on the yellow copy to aid in appeal/complaint investigations. 6. Voiding Tickets: To minimize the potential for conflict, a ticket should be issued when the violator or vehicle occupants are away from the vehicle. If a confrontation develops during or after the issuance of the ticket, the volunteer should attempt to leave the area, or void the ticket if necessary. To void a ticket, the volunteer should write "Void" across the ticket and retain all three copies in the book. Complaints As with tickets written by Officers, Patrol Division Captains may have the opportunity to hear appeals from citizens who were issued a ticket. Their code number, all of which begin with the letter “V”, recognizes tickets written by a volunteer. Captains may handle these appeals at their discretion, or refer the citizen to Park It. IV. REFERENCES 200-007 Volunteer Partnership Program N.C.G.S. 20-37.6 Handicapped Parking N.C.G.S. 20-162 Parking in a Fire Lane, in Front of a Fire Hydrant/Private Driveway City of Charlotte Ordinance, Sec. 14-216. Illegal parking Charlotte-Mecklenburg Police Department Youth Diversion Program Interactive Directives Guide Effective Date 07/10/2013 I. 200-006 1 of 2 PURPOSE The purpose of this directive is to establish guidelines for CMPD employees dealing with the administration of the Youthful Offender Diversion Program. II. POLICY The Charlotte-Mecklenburg Police Department is administering a Youthful Offender Diversion Program. The goal of the program is to improve patterns of youth behavior through alternatives outside of the criminal justice system. Qualified juveniles will be referred to the Youth Diversion Case Coordinator who will oversee the program. Participants will undergo an assessment which may recommend various interventions with the goal of reducing the number of repeat offenders. III. IV. DEFINITIONS A. Youth: For the purposes of this directive, the term “Youth” will refer to any offender ages 6-17 years old. (6-17) B. First Time Offender: An offender who has never been charged with any crime in the past. C. Youth Diversion Case Coordinator: The person who administers the Youthful Offender Diversion Program. D. Diversion Program Supervisor: The Community Services & Youth Division Sergeant appointed to supervise the Youthful Offender Diversion Program. PROCEDURE A. Screening After completion of a KBCOPS report, officers will check the offender through the Juvenile Management Records System for ages 6-17, and the arrest history search for 16 or 17 years of age to see if the subject is a first time offender. If the subject has a previous arrest history he/she does not qualify for diversion. B. Referrals Officers will refer lesser category offenses for first time offenders to the Diversion Program. The target offenses include but are not limited to: 1. Public Affray; 2. Simple Assault; 3. Disorderly Conduct; 4. Communicating Threats; 5. Trespassing; Charlotte-Mecklenburg Police Department 200-006 Youth Diversion Program Interactive Directives Guide Effective Date 07/10/2013 6. Undisciplined Juvenile; 7. Truant; 8. Larceny; 9. Damage to Property; and 10. Curfew Violation. 2 of 2 Officers may contact the Youth Diversion Case Coordinator to inquire about other offenses that may qualify for diversion. V. C. If the youth has no arrest history and the offense is one of those listed in IV.B then a referral will be made. Officers will complete the KBCOPS report and include at the bottom of the narrative: “This case has been routed to the Youthful Offender Diversion Program”. The case will be marked as “Exceptionally Cleared” and the officer’s involvement with the case will end. If the officer believes the youth can benefit from diversion for being undisciplined and there is no KBCOPS report, then complete a long MI. D. Division supervisors approving officers’ reports will route all diversion cases to 30Juvenile Diversion located in the KBCOPS routing options. The youth diversion case coordinator will then self-assign the cases and track the diversions to completion and clear them as needed. The diversion case coordinator will clear the reports from the juvenile diversion routing system. E. If a youth does not successfully complete the diversion program requirements within 12 weeks, the diversion case coordinator will inform the diversion program supervisor to determine the most appropriate course of action. The diversion case coordinator will complete a supplement indicating that the youth did not complete the program and the decided upon course of action. If a juvenile arrest is warranted, the diversion case manager will change the case status from “Exceptionally Cleared” to “Open,” notify the officer who completed the KBCOPS report, and assign the case to the officer. The officer will complete a juvenile arrest report and close the case as “Cleared by Arrest”. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Internal DWI Policy Effective Date 07/30/2015 I. 200-008 1 of 4 PURPOSE The purpose of this directive is to clearly establish departmental procedures for sworn and civilian employees, concerning the consequences of driving or boating while impaired. II. POLICY No person is exempt from the consequences of their actions as a result of an arrest for an impairment offense. CMPD recognizes the seriousness of these charges and their effect on the employee, the department, and the community. Therefore, employees found to have committed an impairment offense will face disciplinary action up to and including being cited for termination. This directive describes disciplinary procedures for charged employees. III. IV. DEFINITIONS A. Impairment Offense: For the purposes of this directive, an impairment offense is defined as Driving While Impaired or Boating While Impaired as defined below. B. Driving While Impaired: The charge of Impaired Driving as defined by N.C.G.S. 20138.1or the equivalent statute of another state or country. C. Impaired Driving in Commercial Vehicle: As defined by N.C.G.S. 20-138.2 or the equivalent statute of another state or country. D. Boating While Impaired: The charge of Impaired Boating as defined by N.C.G.S. 75A10(b1) or the equivalent statute of another state or country. PROCEDURE A. An employee arrested or cited for an impairment offense shall notify their supervisor and/or internal affairs as soon as possible after they are released from custody. Any employee who fails to notify the Department of an arrest for an impairment offense as required by this Directive will be cited for termination. B. If an employee is arrested for an impairment offense, Internal Affairs will investigate the allegation. C. The employee will be administratively charged with CMPD Rule of Conduct 14A: Conformance to Laws. D. Barring any aggravating factors related to the impairment offense arrest, CMPD may make accommodations for the employee until they are able to obtain a limited driving privilege and resume their duties as a Law Enforcement Officer while the case continues through the criminal court system. E. CMPD Internal Affairs will work to have the case investigation complete and convene a COC board hearing no later than ten (10) working days after the date of the incident or upon notification by a third party that an employee committed an impairment offense. Charlotte-Mecklenburg Police Department Internal DWI Policy Interactive Directives Guide Effective Date 07/30/2015 V. 200-008 2 of 4 F. An employee receiving their first sustained violation related to an impairment offense arrest (with no other aggravating factors other than the arrest itself, regardless of B.A.C. and court outcome) will receive an automatic standard minimum of 30-days active suspension. In addition, the Department may remove the employee from any assignment, departmental program, or privilege. G. An employee receiving their first sustained violation related to a DWI arrest with aggravating factors such as a vehicle accident, personal injury, death, or other unbecoming conduct will receive the minimum 30-day active suspension up to a recommendation for termination. H. An employee who is arrested for an impairment offense and whose behavior results in police use of force will be cited to the Civil Service Board for termination. I. An employee who is arrested for DWI and who has their driver’s license suspended for refusal to submit to a certified Blood Alcohol Content (B.A.C) test (breath or blood) will be Cited for Termination. J. An employee who is arrested for DWI and who has a B.A.C. result above .14 will be Cited for Termination. K. An employee who is arrested a second time for DWI will be Cited for Termination. EARLY WARNING AND INTERVENTION A. Supervisor Role Oftentimes problems that manifest themselves while off duty may impact an employee’s on duty performance. It is important that supervisors be aware of warning signs of drug or alcohol abuse among their employees in order to aid in the prevention of impairment issues. Supervisors have the day-to-day responsibility of monitoring the work and on-the-job conduct of their employees. Employees are responsible for their own actions, and supervisors are not responsible for diagnosing substance abuse or alcoholism in employees however; they do have a responsibility to monitor employee work and conduct. Basic supervisory responsibilities include: B. a. Assigning, monitoring, reviewing, and appraising work and performance; b. Setting work schedules, approving or disapproving leave requests; c. Taking necessary corrective and disciplinary actions when performance or conduct problems surface; and d. Referring employees to the Employee Assistance Program (EAP). Some of the common warning signs of alcohol or drug abuse are: Charlotte-Mecklenburg Police Department 200-008 Internal DWI Policy Interactive Directives Guide Effective Date 07/30/2015 1. 2. 3. 4. 3 of 4 Leave and Attendance a. Unexplained or unauthorized absences from work; b. Frequent tardiness; c. Excessive use of sick leave; d. Patterns of absence such as the day after payday or frequent Monday or Friday absences; e. Frequent unplanned absences due to "emergencies" (e.g., household repairs, car trouble, family emergencies, legal problems). Performance Problems a. Careless, sloppy, or incomplete work; b. Excuses for incomplete assignments or missed deadlines; c. Remaining on calls for service longer than necessary. Relationships at Work a. Strained relationships with co-workers; b. The employee may become belligerent, argumentative, or shorttempered, especially in the mornings or after weekends or holidays. c. The employee may become a "loner". d. The employee may also have noticeable financial problems evidenced by borrowing money from other employees or receiving phone calls at work from creditors or collection companies. Behavior at Work The appearance of being inebriated or under the influence of alcohol might include: a. Bloodshot eyes. b. Smell of alcohol on the breath. c. Mood and behavior changes such as excessive laughter and inappropriate loud talk. d. Excessive use of mouthwash or breath mints. e. Avoidance of supervisory contact, especially at the beginning of the shift f. Tremors. Charlotte-Mecklenburg Police Department 200-008 Internal DWI Policy Interactive Directives Guide Effective Date 07/30/2015 g. 4 of 4 Sleeping on duty. One of these signs alone does not mean that an employee is abusing alcohol or drugs; However, when there are work performance and conduct issues coupled with any number of these signs, supervisors should seriously consider making the appropriate referrals to help agencies or CMPD HR so that the employee may receive help if it is needed. C. Intervention measures may include: 1. Confronting the Employee It is generally a good practice to notify any employee who is being counseled for a performance or conduct problem about the availability of the EAP. However, it is crucial to make a referral to the EAP in the case of an employee with a known alcohol problem. Although you are not diagnosing the problem, you are dealing with employee performance and conduct and, possibly, alcohol-related misconduct such as using, possessing, or being under the influence of alcohol at work. VI. 2. Self-assessment programs such as Check your Drinking. http://www.checkyourdrinking.net/CYD/CYDScreenerP1_0.aspx 3. Referrals to CMPD Human Resources for other assistance. PREVENTION AND TRAINING CMPD will deliver annual training on the dangers and consequences of driving while under the influence of impairing substances. VII. REFERENCES 200-001 Discipline, Internal Investigations, and Employee Rights 300-009 Employee Drug and Alcohol Testing N.C.G.S. 20-138.1 N.C.G.S. 20-138.2 N.C.G.S. 75A-10(b1) CALEA Charlotte-Mecklenburg Police Department Youth Programs Interactive Directives Guide Effective Date 02/25/2012 I. 200-009 1 of 4 PURPOSE This directive provides an overview and guidelines for CMPD officers who would like to participate in the following youth programs: Right Moves for Youth, Police Activities League, Girls On The Run, Do the Right Thing and The Gang of One Unit II. PROGRAMS A. Right Moves for Youth Program The Right Moves for Youth program is a unique 501C-3 organization with a volunteer board of directors. It is a collaborative effort of volunteers from local law enforcement agencies, Charlotte Mecklenburg Schools and community volunteers. The program is designed to help students become more successful in school by improving their behavior and class work, reducing the likelihood that they will drop out of high school. Clubs have been established for "AT-RISK" students as identified by school personnel. Club members meet weekly for various activities, tutoring, and evaluation of their behavior and school participation during the prior week. Members who successfully achieve their goals receive incentives for improvement in behavior and school participation. Each club is led by club leader who is a school teacher, police officer, or a community volunteer. B. Police Activities League (P.A.L.) The Police Activities League is a separate 501C-3 organization with a volunteer board of directors. The goal of the Police Activities League is to provide educational, programmatic, and structured support to youth in underserved communities, while aiding them in improving their decision-making skills and preparing them for a successful future. These programs and activities are intended to enhance the quality of their lives and allow them to make positive contributions to society. 1. Guidelines for Participation. a. Any non-probationary officer may request participation in Right Moves for Youth and P.A.L.; however, prior approval must be obtained from the employee's division captain. The request for approval must be submitted in the form of a memorandum. b. Officers who have received approval to participate in the program must coordinate their assignments with the Right Moves for Youth Volunteer Coordinator or the P.A.L. Athletic Director. c. Division and departmental staffing needs may preclude an officer's ability to participate in a meeting or an event. Therefore, volunteers must inform his/her shift supervisor of all scheduled meetings and events that the officer is required to attend. d. Officers involved in the program are allowed to participate on-duty, or receive up to a maximum of eight (8) hours of compensation for off-duty Charlotte-Mecklenburg Police Department 200-009 Youth Programs Interactive Directives Guide Effective Date 02/25/2012 2 of 4 time spent working with the club during a twenty-eight (28) day cycle. Officers will limit on-duty time to club meetings (one hour per week), and up to eight (8) hours of after-school activities during any twenty-eight (28) day cycle. Supervisors will be responsible for adjusting the schedules of officers participating in this program to ensure that officers do not exceed the maximum number of hours they are allowed to work during any twenty-eight (28) day cycle. Any questions concerning the provisions of the guidelines set forth in this section must be referred to the deputy chief of the Support Services. 2. e. Officers are permitted to wear police uniforms or plain clothes while engaged in club activities. The utilization of departmental vehicles for transportation of club members is allowed. Officers can reserve vans assigned to the Right Moves Program by contacting the volunteer coordinator, or reserve P.A.L. vans by contacting the P.A.L. supervisor. Trips involving the use of a departmental vehicle are generally restricted to a fifty mile radius from the center of Charlotte. Any trips outside of Mecklenburg County must be approved by the Community Outreach chain of command. f. Any officer transporting club members in departmental vehicles must notify his or her normal supervisor prior to providing such transportation including such information as planned destinations and participant information. g. Right Moves For Youth and P.A.L. bumper stickers are approved for display on all marked Charlotte-Mecklenburg Police vehicles. The sticker will be placed on the left rear bumper. Exceptions to Guidelines Any exceptions to the above stated guidelines must be approved by the Deputy Chief of the Support Services Group and the deputy chief in the officer's chain of command. C. Girls On The Run (GOTR) The Girls On The Run program is a separate 501C-3 organization with a volunteer board of directors. The goal of the program is to provide educational opportunities that enhance decision-making relative to healthy life choices for young girls in grades 3 through 8. The program is also for physical fitness, as the young girls are coached toward completing a 5K run at the completion of a 12 week course with their coaches. GOTR follows the Guidelines for Participation listed under P.A.L. above. The GOTR Program is led by the GOTR Department Coordinator. D. Do the Right Thing Program 1. Discussion Charlotte-Mecklenburg Police Department 200-009 Youth Programs Interactive Directives Guide Effective Date 02/25/2012 3 of 4 The Charlotte-Mecklenburg Police and Charlotte Fire departments have collaborated to formally organize the "Do the Right Thing" program in our community. Do the Right Thing of Charlotte-Mecklenburg is a 501C-3 nonprofit corporation which is dedicated to recognizing and rewarding students for their good deeds or positive behavior. The Program ensures that students are rewarded not only for doing the right thing, but they are publicly recognized as role models for their peers. All Charlotte-Mecklenburg youth who reside in Mecklenburg County are eligible to participate in the program. Teachers, parents, firefighters, police officers, and other adults in the community nominate students for their good deeds and leadership in encouraging good behavior among their peers. 2. CMPD Employee Obligations All CMPD employees are encouraged to identify students who have performed deeds that merit recognition, such as turning in guns or other dangerous weapons; acting as role models in their classroom and community; etc. 3. 4. Nomination Forms a. Officers are asked to complete a nomination form and forward it through interoffice mail to: b. Do the Right Thing of Charlotte-Mecklenburg Community Outreach c. Nomination forms are located in each patrol division and the Human Resources Division. Nominations A sergeant assigned to the Community Outreach Division will collect the nomination forms and ensure that the selection committee meets to review them quarterly. 5. Awards and Recognition Every student who is nominated will receive a certificate and a tee shirt. Ten students will be selected quarterly by the selection committee and each will receive a plaque, prize package, and will be invited to attend the program's recognition ceremony. Local television and newspaper media will spotlight the winners and their achievements. E. Gang of One 1. Gang of One is a gang prevention and intervention initiative for youth that utilizes a network of local resources to address gang membership. Gang of One connects existing community resources to youth (and their families) that need assistance to stay out of or get out of a gang and to educate the community about gang trends. Charlotte-Mecklenburg Police Department Interactive Directives Guide Youth Programs Effective Date 02/25/2012 2. III. 200-009 4 of 4 Officers may make referrals to the Gang of One unit through their telephone hotline, in person to a Gang of One staff member or through e-mail for any youth under the age of 16 that is in danger of becoming involved with a gang or is currently affiliated with a gang. Gang of One will then conduct an assessment to determine the appropriate response. ANNUAL REVIEWS The Community Services and Youth Division Captain will review all youth programs annually. These reviews will be used to determine whether any changes or modifications need to be made to the program, as well as whether or not to continue the program. IV. REFERENCE CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Written Directive System Effective Date 06/10/2014 I. 200-010 1 of 4 PURPOSE This directive establishes procedure for the development and approval of all CharlotteMecklenburg Police Department (CMPD) directives. A written directive system provides employees with guidance and a clear understanding of the expectations relating to the performance of their duties. While such a system is not intended to be all-inclusive, the establishment of written directives will help to ensure a high degree of planned, consistent and accountable police service. II. III. IV. POLICY A. All directives and standard operating procedures (SOP’s) must be written on the standard template available from the Professional Standards Unit (PSU). All directives and SOP’s must reflect CMPD’s values and philosophy of policing when written, and will be promptly updated whenever a major change occurs that directly impacts the directive or SOP. B. The Chief of Police shall have the authority to issue, approve and modify all written directives within the CMPD, as necessary. DEFINITIONS A. Directives: Interactive documents governing all CMPD activities and employees. B. Standard Operating Procedures: Interactive document governing persons under the command of the issuing authority. C. Coordinator: An individual in charge of creating or changing a directive or SOP. Coordinators are generally subject matter experts or have oversight of the functional area covered by a directive or SOP. D. Summary of Changes: A cover sheet listing the changes, additions and/or deletions in an updated directive. E. Policy Management Group: Group designated by the Chief of Police which is responsible for the review and approval of all directives in order for them to be presented to the Chief for his final approval and signature. PROCEDURE A. Electronic Directive Manual 1. The electronic directive manual will serve as the official repository for all CMPD directives and SOP’s and is available via the Portal. This manual is maintained by the PSU. 2. New directives will be disseminated through the Plateau Learning Management System. Electronic acknowledgment of the receipt and understanding of all newly issued directives will be managed through Plateau. Plateau will maintain Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-010 Written Directive System Effective Date 06/10/2014 2 of 4 a database with electronic signatures and acknowledgments for documentation and tracking purposes. B. 3. After final approval by the Chief of Police, directives will be posted to both the CMPD Portal and the CMPD.org website. 4. Only after final approval by the appropriate Deputy Chief is an SOP placed on the CMPD Portal. SOP will only be posted to the CMPD Portal, not the CMPD.org website. Development or Update of Written Directives and SOP’s 1. Directives and SOP’s must be developed with the assistance of the PSU to ensure compliance with a general format and accreditation standards. The PSU will furnish the coordinator with the appropriate template that must be used to construct the directive or SOP. If a directive is being updated then that person must obtain a copy of the policy to be edited. The following format will be used to construct all directives and SOP’s: a. HEADER: containing the policy number, title and effective date. b. PURPOSE c. POLICY d. DEFINITIONS e. PROCEDURE f. REFERENCES: section citing all sources that may provide additional information to the reader, including CALEA standards. 2. Directives and SOP’s will be reviewed every three years or as needed. PSU will assign directives and SOP’s up for review to a coordinator who will ascertain if the document is still relevant and if the described procedures reflect current practice. The coordinator will be responsible for making any draft revisions if needed. 3. For Directives, the assigned coordinator will have 30 days from the date of assignment to review and submit any draft changes to the directive to the PSU or notify the PSU that no changes are required. 4. The assigned coordinator will be scheduled to present the policy draft to the Policy Management Group at the next scheduled meeting after their 30 day deadline. 5. For SOPs, The assigned coordinator will have 30 days from the date of assignment to review and submit any draft changes to the SOP to the PSU for formatting or notify the PSU that no changes are required. Charlotte-Mecklenburg Police Department Interactive Directives Guide 200-010 Written Directive System Effective Date 06/10/2014 3 of 4 6. The assigned coordinator for an SOP will be responsible for obtaining the final draft approval from the appropriate Deputy Chief and return the approved copy to PSU for publishing. 7. Directives and SOP’s which require no changes following the review by the coordinator will have the date of the review added in the document header and will serve as the reference date for the next review period. The signature of the coordinator will be added to the original signature sheet for future reference. 8. The coordinator or designee will track all changes to updated policies in addition to supplying a cover sheet listing all of the changes. a. The cover sheet provides a quick look at the changes inside the document itself. b. The cover sheet will be provided to the Chief for final approval and attached to the document for training. 9. Directives and SOP’s that are proposed, new or updated must be reviewed by CMPD’s Accreditation Manager to ensure formatting and compliance with accreditation standards. 10. Approval a. b. Directives (1) Except in special circumstances, all proposed directives must be approved by the CMPD Policy Management Group. (2) After approval by the PMG, Directives are reviewed and signed by the Deputy Chief Administrative Services Group and presented to the Chief of Police. (3) Final approval takes place when a signature card is signed by the Chief of Police. (4) Any requests to rescind or remove any directive must be made in writing and approved by the Chief of Police. SOP’s (1) A signature card will be supplied by the PSU. (2) Final approval takes place when the signature card is signed by the affected Deputy Chief or designee. (3) No written communication will conflict or supersede any directive without the expressed written authority of the Chief of Police or designee. Charlotte-Mecklenburg Police Department Interactive Directives Guide Written Directive System Effective Date 06/10/2014 (4) 11. 200-010 4 of 4 Any requests to rescind or remove any directive or SOP must be made in writing and approved by the Chief of Police or designee. c. All existing directives and SOP’s will remain in effect until amended or rescinded. Whenever a new or updated directive or SOP is approved the PSU will purge and replace the directive or SOP. d. Once signed, the original signature card must be returned to the PSU where it will be kept on file. Checklists a. Development of new and updated Directives Checklist Obtain a copy of the directive to be edited from the PSU Use the appropriate template to construct the directive Track all changes made to document Create a summary page detailing changes made Return to the PSU for review prior to Policy Management Group distribution. o Present policy to Policy Management Group o PSU will route final draft copies of all directives to the Chief of Police for approval and signature o o o o o b. Development of new and updated SOP’s Checklist o o o o o o V. Obtain a copy of the SOP to be edited from the PSU Use the appropriate template to construct the SOP Track all changes made to document Return to the PSU for review prior to Deputy Chief signature Obtain signature card from PSU Signature Card must be signed by the designated Deputy Chief and returned to the PSU REFERENCES 800-007 Communications and Reports CALEA Charlotte-Mecklenburg Police Department History Collections Interactive Directives Guide Effective Date 08/26/2010 I. 200-011 1 of 2 PURPOSE To establish a procedure for historical collections by the Charlotte-Mecklenburg Police Department and to outline the responsibility of all employees in developing and maintaining the collections. II. FOCUS The primary focus of C.M.P.D. collections activities is on the history of law enforcement in Charlotte and Mecklenburg County both prior to and following the consolidation of the Charlotte Police Department and the Mecklenburg County Police Department. A secondary focus is regional law enforcement history. III. ORGANIZATIONAL STRUCTURE The C.M.P.D. Collections Staff, members of the History Committee and the Chief of Police, or his designee, comprise a three-tiered control structure for decisions affecting the collections. This group is responsible for carrying out the provisions of this directive and managing the C.M.P.D.’s collections as per the C.M.P.D. History Collections Plan. IV. A. The Collections Staff includes those assigned responsibility for development, on-going documentation and care of the collections. B. The History Committee consists of a minimum of three (3) employees appointed by the Chief of Police or his designee. Other employees and volunteers may be appointed by the chairperson to assist with the committee’s efforts. C. The Chief of Police, or his designee, has the authority to intervene in matters that cannot be handled by the History Committee or Collections Staff. TYPES OF COLLECTIONS The types of collections and objects addressed by this directive include any object deemed of historical interest by the History Committee. Examples: A. Uniforms B. Equipment and tools C. Photographs D. Documents considered the property of the C.M.P.D., the Charlotte Police Department, or the Mecklenburg County Police Department E. Objects whose ownership has been transferred to employees upon retirement F. Objects acquired by employees when they were deemed for disposal G. Personal objects of employees H. Objects possessed by private citizens and corporations. Charlotte-Mecklenburg Police Department History Collections Interactive Directives Guide Effective Date 08/26/2010 V. VI. 200-011 2 of 2 EMPLOYEE RESPONSIBILITY A. No department unit or individual may deface, destroy, dispose, or otherwise alter the original condition of any object or classification of objects identified as having historical significance by the History Committee. These objects may have historical value because they are no longer being used, created, or distributed by the C.M.P.D. including uniforms, equipment, boots, shoes, badges, hats, emblems, signs, photographs and negatives, vehicles, documents, furniture, computer hardware, computer software, data files, documents, etc. B. Any employee or unit considering disposing of a C.M.P.D.-owned object which may be covered by this directive will report to the History Committee in writing ninety (90) days before disposing of the object. This report will specifically describe the object, market value, and whether it has possible historical value. C. Any employee having C.M.P.D. objects with possible historical value will notify the History Committee before the disposition by sale, trade, or other monetary exchange of the object. The Chairperson of the committee may request the Chief of Police to transfer any such object to the control of the committee. ARTIFACT AMNESTY The C.M.P.D. recognizes that many people may have “rescued” objects from trash cans and discard piles over the years and during transfer or transport when large amounts of miscellaneous items were discarded. Others may simply have been unaware of C.M.P.D. policies concerning old uniforms and the proper disposal of old equipment. They may now wish to return the objects, but may fear the legal and professional ramifications of doing so. VII. A. The C.M.P.D. has enacted an amnesty program, allowing police officers, other employees, and citizens who may have items related to the department’s history to return these items with “no questions asked.” Such a program is necessary to recover objects, many of which may now be one-of-a-kind. B. Objects may be turned in anonymously to any member of the Collections Staff or History Committee, without any ramifications. REFERENCES History Collections Plan Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 I. 300-001 1 of 13 PURPOSE To establish a procedure for documenting employee work schedules, timekeeping, attendance, and absences and to acknowledge CMPD’s compliance with the City of Charlotte’s pay policy, while ensuring compliance with the Fair Labor Standards Act. II. POLICY Due to the nature of law enforcement, duty hours and days vary widely within the Department. Because of this diversity in scheduling, it is essential that an accurate record be kept of each employee's schedule, work hours and absences. This Directive sets forth a standardized procedure for accurate recording of schedules and payroll information, including employees’ work time and absences, while allowing for flexibility regarding the compensation of employees with compensatory time or overtime pay within the guidelines of the Fair Labor Standards Act (FLSA) and the City of Charlotte policies. III. DEFINITIONS A. Exempt Sworn Employees: Includes the sworn assignment of Staff Sergeant and above. These employees are exempt from overtime under the Fair Labor Standards Act. B. Exempt Civilian Employees: Certain civilian employees who are exempt from overtime under the Fair Labor Standards Act. C. Non-Exempt Sworn Employees: Includes police officers and sergeants. Employees in these positions are not exempt from overtime under FLSA for time worked above 171 hours in a 28-day cycle. D. Non-Exempt Civilian Employees: Includes civilian employees who are not exempt from overtime under FLSA for hours worked above the standard 40 hours in a 7-day pay cycle. E. Training & Education Time: Time spent in department-approved training or education classes, regardless of whether the employee is in or out of town. F. Standard Schedule: All Employees are scheduled to work a weekly standard schedule. These standard schedules include: 1. Regular Full time a. 40 hours weekly b. 41 hours weekly designated as 10-hour shift Roll-Call schedule c. 41.25 hours weekly designated as 8-hour shift Roll-Call schedule d. 42.50 hours weekly designated as School Resource Officer schedule Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 F. G. 300-001 2 of 13 2. Part time-regular: Standard half-time schedule of 20 hours, or three-quarter time schedule of 30 hours, as defined by the employee’s position. 3. Temporary: Temporary employees may be full-time (40 hrs) or part-time (20 – 30 hrs). The length of the appointment and work schedule shall be specified by the Human Resources Division upon the start of employment. Compensatory Time: 1. Earned Comp: Hours worked, in addition to those required by a fulltime employee’s standard schedule, but not yet paid as overtime or used as time off. 2. Used Comp: Hours worked, in addition to those required by a fulltime employee’s standard schedule, but then used as time off. 3. Paid Comp: Hours worked, in addition to those required by a fulltime employee’s standard schedule, and then paid out at the end of the employee’s pay cycle. This will be a 7-day or a 28-day cycle, depending on the employee’s position. Reason Codes: Codes used in the system to indicate why a sworn or non-exempt civilian employee’s standard schedule is adjusted. Reason codes also denote when benefit time is used. 1. A Reason Code must be selected anytime a sworn or non-exempt civilian employee’s standard schedule is adjusted. Reason Codes will also be used to denote benefit time for all employees. A list of reason codes can be found in Appendix A. 2. Upon departmental approval, reason codes will be created by Human Resources for special projects and initiatives. 3. A Reason Code should be selected by the person initiating the schedule change. If the change is requested by the employee, the employee is responsible for selecting the appropriate reason code. If the change is initiated by a supervisor, the supervisor must select the appropriate reason code. H. Immediate Family: Immediate family for the purpose of using sick time is defined as spouse, same sex domestic partner, parent or child who resides either within or outside of the employee’s home, or other immediate family member (brother, sister, grandparent) who resides within the employee’s home. (Note: The list of family members for which an employee may use sick leave may vary from those listed to qualify for leave under the Family Medical Leave Act and the Funeral Leave section of this policy.) I. Scheduling Administrators: Civilian or sworn employees at the rank of sergeant or above who have been designated as responsible for selecting and building out employee schedules. Each division will have at least one Scheduling Administrator. Divisions with rotating schedules will have two Scheduling Administrators. Scheduling Administrators Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-001 Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 3 of 13 will be responsible for building a schedule for each sworn and non-exempt civilian employee in the division. IV. V. CITY OF CHARLOTTE’S WEEKLY PAY SCHEDULE A. All CMPD employees will be paid on the City’s weekly pay schedule, which runs from Saturday through Friday of each week. Paychecks and direct deposits will be effective the following Friday. B. Non-exempt sworn employees will be paid for their standard hours worked unless they surpass 171 hours in a 28-day-cycle. These employees will be paid .5-time for hours worked in excess of 171 if and when that threshold is met within the cycle. Straight time for hours worked over 171 will be accrued as compensatory time and paid at the end of the cycle unless that time is used prior to the end of the cycle. C. Non-exempt civilian employees will be paid all regular hours and applicable overtime in a seven day cycle. D. Exempt employees will be paid for their standard schedule with hours beyond their standard schedule accumulating as compensatory time, except as stated in Section VI, B,1. SCHEDULING A. B. All sworn and non-exempt civilian employees will be assigned a standard weekly schedule for each pay cycle. Any variances from that schedule must be documented in the system. Civilian exempt employees will be assigned a standard weekly schedule but it is not necessary for it to be recorded it in the system in advance. 1. All sworn and non-exempt civilian employees must be scheduled in the system for the current 28 day pay cycle. 2. All changes to sworn and non-exempt civilian employee schedules must be recorded in the system. 3. All leave time usage must be recorded in the system. 4. All accrued overtime must be approved in advance and recorded in the system. 5. Non-exempt employees will not change their own schedule without prior approval from their immediate supervisor. Scheduling and Time Adjustment Responsibilities 1. Sworn Division Commander, Civilian Unit Manager a. Each division commander or unit manager will appoint a Schedule Administrator for his/her division or unit. Divisions with a rotating schedule must have two Schedule Administrators. Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 2. 300-001 4 of 13 b. If any of these Schedule Administrators should be promoted or reassigned, it is the commander/manager’s responsibility to ensure a replacement is immediately identified. c. Division commanders and unit managers will ensure that sworn and nonexempt civilian employee schedules are built a year out and updated quarterly, at a minimum. Schedule Administrator Schedule Administrators are required to select and build out employee schedules, as directed by their supervisor, for all sworn and non-exempt civilian employees in their division. These schedules must be built a year out and updated quarterly, at a minimum. 3. Supervisor a. All supervisors must manage all schedule requests that occur during their tour of duty on a daily basis. Examples:  Employee needs to go home sick; must be approved by end of shift.  Employee takes late call and works beyond scheduled shift end; must be approved within 24 hours or before the payroll deadline if deadline comes first. b. Supervisors of units with employees subject to callback must document schedule requests/changes during their next scheduled tour of duty. c. All schedule requests are subject to compliance with minimum staffing levels. d. When an adjustment is necessary on the same day or after an employee’s shift has begun, a supervisor must review and approve (or deny) that request in the system within 24 hours, or prior to the payroll deadline if it comes first. If the schedule change request is for the use of benefit time, a supervisor must act on it before the end of the employee’s scheduled shift. e. Supervisors will ensure all training is attended during the employee’s duty hours when possible. In the event training is outside of the employee’s duty hours, the supervisor, when possible, will adjust the employee’s duty hours to accommodate the training schedule. f. Supervisors must notify Human Resources if an employee’s standard weekly schedule is permanently changed in a way that changes the total number of standard scheduled hours per week. Only Human Resources Charlotte-Mecklenburg Police Department 300-001 Scheduling, Timekeeping, and Attendance Interactive Directives Guide Effective Date 06/01/2015 5 of 13 employees can make this change in the On Duty system. Changes can only occur at the beginning of an employee’s pay cycle. 4. Employee a. b. VI. All sworn and non-exempt civilian employees (1) Must use the electronic system to request benefit leave time. These requests should be submitted as far in advance as is reasonable. All requests are subject to compliance with minimum staffing levels. (2) When an adjustment is necessary on the same day or after an employee’s shift has begun, the employee must also notify a supervisor of the request. A same-day request must be submitted in the system prior to the end of the employee’s tour of duty. If the employee is off-duty and does not have access to the system, the supervisor will enter the change into the system upon request of the employee. Civilian exempt employees (1) Must request benefit leave time from their supervisor as far in advance as is reasonable. All requests are subject to compliance with minimum staffing levels. (2) Are not required to have a schedule built into the system and therefore do not have responsibility related to schedule adjustment in the electronic system. These employees must review and, if necessary, adjust their hours in the timesheet section of On Duty. COMPENSATORY TIME & OVERTIME A. Compensatory Time/Overtime Compensatory time may be used only after it is earned. B. C. Exempt Employees 1. Exempt employees are not eligible for overtime. Exempt employees who work more than their standard schedule accrue Exempt Compensatory time. The only exception to this rule is exempt employees who work city-approved, declared special events and exceptions pre-approved by the City of Charlotte Human Resources Director. These employees will be paid straight time for any hours they work in this assignment. Accrued exempt compensatory time can be used in lieu of all other benefit time but must have approval in advance. 2. Exempt comp time is to be requested as “Exempt Comp Time.” Non-Exempt Civilian Employees Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 D. E. 300-001 6 of 13 1. All non-exempt, civilian employees will accrue compensatory time based on a seven (7) day cycle which coincides with the City pay week. Any hours physically worked over forty (40) hours will be requested and approved in advance and will be paid as time and a half. If the total hours physically worked are less than forty (40), compensatory time will be paid as straight time. Compensatory time for nonexempt civilian employees will be paid at the end of the weekly pay cycle. 2. All compensatory time must be used before a non-exempt employee can use benefit time, including sick and vacation. Non-Exempt Sworn Employees 1. All non-exempt sworn employees may accrue compensatory time on a twentyeight (28) day cycle. All hours worked beyond the standard schedule during a 28day pay cycle will be carried as compensatory time. 2. All compensatory time must be used before an employee can use benefit time (including sick and vacation) except for employee hours charged to a grant or in instances where the city will be reimbursed for the employee’s pay. 3. At the conclusion of the 28-day cycle, all unused compensatory time will be paid as straight time. Any hours physically worked beyond one hundred seventy-one (171) hours during the 28-day pay cycle, also will be paid at the half-time rate. This can occur before the end of the pay cycle, if the employee works more than 171 hours before the fourth week of the cycle. 4. The only exception to this rule is non-exempt sworn employees who work cityapproved, declared special events and exceptions pre-approved by the City of Charlotte Human Resources Director. These employees will be paid for any hours they work in this assignment. Court Time Court Appearances: Employees will make electronic entries at the Court Liaison Office to document all time spent in court, whether on or off duty. When possible, court attendance should occur during an employee’s standard schedule time. As staffing allows, supervisors may adjust schedules to accommodate court appearances. F. Papering/Case Review Employees will make electronic entries at the District Attorney’s Office to document all time spent reviewing or papering cases. Supervisors will make electronic entries in the system to track any time spent on trial preparation, if it results in hours worked beyond those scheduled. Unless the employee is assigned to third and fourth shift, papering and case review should occur during an employee’s standard schedule time. Employees must have prior approval before papering or reviewing a case outside their standard schedule time. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-001 Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 VII. 7 of 13 REPORTING ABSENCES / CATEGORIES OF ABSENCES An employee’s supervisor must be notified prior to the use of any leave time. A. Day Off No information is required to be submitted in the system for regular days off as they will be part of the standard schedule. B. C. D. Vacation Leave 1. Vacation time is to be coded as “Vacation Leave” in the system. 2. Vacation leave may be taken as earned, subject to the approval of the supervisor. 3. Vacation may be taken in quarter hour increments such that: 15 min = 0.25; 30 min = 0.50; 45 min = 0.75. When an entire day is taken as vacation, hours must be used in an 8 or 10-hour block. Employees may not add 15-minute increments to make up for lost roll call or School Resource Officer travel pay. 4. No employee shall take more than twenty consecutive workdays of vacation leave except with the approval of their Chain of Command, to include the Chief of Police. 5. Earned vacation leave cannot be used as a substitution for sick leave unless sick leave has been exhausted. 6. Under normal circumstances employees should use accrued vacation leave prior to requesting unpaid leave. Sick Leave 1. Sick (personal and family) are to be indicated as “Sick Leave” in the system. 2. Leave without pay for any period up to 30 days must be approved by the employee’s chain of command up to the rank of Deputy Chief and coded as Leave without Pay in the system. Leave without pay for more than 30 days must be approved by the Chief of Police. 3. Sick leave shall be accumulated without limit and may be taken in quarter-hour increments (personal and family) such that: 15 min = 0.25; 30 min = 0.50; 45 min = 0.75. Holiday Leave 1. All sworn personnel and non-exempt civilian employees who are required to work shift schedules of twenty-four (24) hours per day, to support seven days a week operations do not receive Holiday Pay. Rather, those employees will accrue ten (10) additional vacation days per calendar year. Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 E. 300-001 8 of 13 2. All other CMPD employees may receive pay for days officially designated as City Holidays. Eligible employees should only be paid for a City holiday when they have worked their assigned workday schedule before and after the holiday, unless on approved paid leave. There is no accrual for unused holiday leave. 3. A non-exempt civilian employee who is eligible to receive Holiday Pay and works the holiday may receive compensatory time, or be paid straight time for the holiday at the discretion of the supervisor. Military Leave: 1. Military Deployment/Activation Orders: An employee who has received written or verbal military orders shall notify their direct supervisor and Human Resources as soon as such orders have been received by the employee. 2. Military Training Leave 3. a. Military Training Leave is to be designated as “Military Leave” in the system. b. A full time employee may be granted up to two (2) weeks of Military Training Leave for required annual training as a member of the US Armed Forces. While on Military Training Leave, the employee shall be paid for one-half of his or her scheduled workdays during the approved leave period. c. Employees shall provide advance notice and a copy of their training orders to Human Resources prior to the training. d. The remaining scheduled workdays during this period may be designated as vacation leave or leave without pay, at the employee’s choice. Unused Military Training Leave Although military training typically occurs for two (2) weeks in a specific calendar year, there are instances when military training leave is not used in one calendar year, but scheduled for twice in the next calendar year because of differences between the calendar year and the military fiscal year. When this situation occurs, the employee may request that the unused portion of military training leave be applied to the next year’s leave, not to exceed ten days of paid military leave in a two year period. Requests must be submitted to the CMPD Human Resources Division for approval. F. Funeral Leave 1. Funeral leave may be taken in whole hour increments of one or more and is to be coded as “Funeral Leave” in the system. Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 G. H. 300-001 9 of 13 2. For death in the immediate family, up to 40 hours non-accumulative paid funeral leave may be granted in any calendar year. Family is defined as spouse, same sex domestic partner, parent, grandparent, child, brother, sister, comparable inlaw relationships, and relationships resulting from a remarriage. Funeral Leave is not cumulative. 3. If the need for funeral leave exceeds forty hours in any calendar year, an employee may take leave without pay, compensatory time, or vacation leave with the supervisor’s approval. Jury Duty/ Court Appearance 1. Absences required for jury duty shall be excused and will be used as the employee’s duty day. This is to be reported as “Jury Duty” in the system. 2. A procedure for court leave for employees required for jury duty who are assigned to work second or third shift and/or a weekend schedule shall be determined by the employee’s supervisor. 3. Employees required to appear in court as a witness in the public interest (when the employee is serving in the capacity of a City representative) may use that time as part of their duty day if court time conflicts with the employee’s normal work hours, upon permission of the supervisor. 4. Legal matters of a personal nature shall not be reported as Jury Duty. In this instance, employees may be granted vacation leave or leave without pay upon the approval of the supervisor. Training & Education Time spent in department-approved training or education classes, regardless of whether the employee is in or out of town, should be coded as “Training & Education” in the system. This only includes training and education approved by your supervisor as part of your job. It does not include courses approved through the tuition reimbursement program. If a training/education session does not extend beyond an employee’s standard scheduled shift, the employee must return to work or use leave time for the remainder of their duty day. All training and education time, other than online training, should be tracked in the system. I. School Support Leave 1. School support leave must be designated as “School Support Leave” in the system. 2. Employees participating in parent-teacher conferences, scholastic-related school support activities, and guest lecturing activities may charge one-half of the hours away from work to vacation leave, with the other half being matched by the City, up to four (4) hours per calendar year. School Support Leave is non-cumulative. Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 J. 300-001 10 of 13 3. Employees participating in tutorial programs (parent-child) will be charged onehalf of their hours away from work to vacation leave, with the City’s matching share limited to eight (8) hours per calendar year. 4. School support activities are those associated with assisting in school-related learning programs during designated school days. School Support Leave does not include activities such as attending graduations and after-school social or sporting events. Suspension without pay Absence due to active disciplinary suspension is to be reported as “Suspension” in the system. This must be entered by the Human Resources Division. K. L. M. Excused Leave Without Pay 1. Unpaid Leave for any period up to 30 days must be approved by the employee’s chain of command up to the rank of Deputy Chief. Leave without pay for more than 30 days must be approved by the Chief of Police. 2. Unpaid leave of more than 30 days must be coordinated with Human Resources to determine pay status. 3. Unpaid leave will be reported as “Leave w/o Pay Approved” in the system. Unexcused Absence Without Leave/ Unexcused Absence 1. This is to be reported as “AWOL – Absence without leave” in the system. 2. Employees who are absent from work for two consecutive days without notifying their supervisor are considered to have “resigned without proper notice,” and are therefore not entitled to pay for accumulated vacation leave. Family and Medical Leave 1. In order to be eligible under the Family and Medical Leave Act (FMLA), an employee must have worked for the City for at least 12 months; and have at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave. 2. FMLA entitles eligible employees to take up to 12 weeks in a one-year period for specified family and medical reasons. The 12 weeks can be taken intermittently over a one-year period. 3. Per the National Defense Authorization Act, an eligible employee may take up to 26 work weeks of leave during a “single 12-month period” to care for a covered service member with a serious injury or illness. Covered service member is defined as a current member of the armed forces, including the National Guard or Reserves, who is also the eligible employee’s spouse, son, daughter, or parent. Charlotte-Mecklenburg Police Department Interactive Directives Guide Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 N. VIII. 300-001 11 of 13 4. The employee must request leave 30 days in advance when the need for leave is foreseeable. Employees on approved FMLA leave will confirm options of leave without pay and/or benefit use with the Human Resources Division prior to taking leave, when foreseeable. 5. CMPD Human Resources Division will notify the employee of their FMLA certification status and ensure proper entry in the system based upon the employee’s selection. Worker’s Compensation 1. City of Charlotte employees are covered by Workers' Compensation benefits when injured on-the-job. Workers’ Compensation coverage is provided to employees in accordance with the laws of the State of North Carolina. 2. Workers' Compensation wage replacement benefits begin on day eight of an employee’s on-the-job injury absence. An employee may use accumulated sick or vacation leave for days one through seven. If an employee’s injury absence extends beyond 21 days, they will receive Workers' Compensation wage replacement benefits for the initial seven day waiting period. 3. If injury leave continues beyond 7 days, employees may supplement Workers’ Compensation wage replacement benefits with accrued sick or vacation leave. 4. Employees on Workers’ Compensation leave for more than four consecutive weeks will have their merit date extended by the total number of full pay weeks that the employee was absent from duty. 5. Merit/salary increases will be delayed in order to have sufficient time to evaluate the employee’s performance or until such time as the employee returns to his/her regular assigned duties. In either event, the employee shall not receive a merit or salary increase until such time as the supervisor can evaluate a full 52-weeks of performance, whether concurrently or non-concurrently. 6. Entitlement to the leave benefits provided herein shall be contingent upon entitlement to Workers’ Compensation benefits under the laws of the State of North Carolina and City Policy. TIME ENTRY A. All non-exempt employees (both sworn and civilian) Non-exempt sworn and non-exempt civilian will not enter time directly into the system. B. Exempt sworn and exempt civilian employees 1. Exempt sworn and exempt civilian employees must review and, if necessary, adjust all time with applicable reason codes in the system before 8 a.m. each Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-001 Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 12 of 13 Monday, unless there is early processing for the holiday. Benefit time must be declared with a reason code. IX. X. 2. All hours submitted in the system are to be reported in whole or quarter hour increments such that: 15 min = 0.25; 30 min = 0.50; 45 min = 0.75. Funeral leave is an exception to this rule and must be reported in one-hour increments. 3. Exempt sworn and exempt civilian employees also must review and confirm their time in the system. TIME APPROVAL A. All employees must review and confirm their time in the system before 8 a.m. each Monday, unless there is early processing for a holiday. B. All hours submitted in the system are to be reported in whole or quarter hour increments such that: 15 min = 0.25; 30 min = 0.50; 45 min = 0.75. Funeral leave is an exception to this rule and must be reported in one-hour increments. C. Supervisors must verify accuracy of time for each employee under their command daily and require employees to correct issues and ensure time entry is accurate. Supervisors must approve employee time before 9 a.m. each Monday, unless there is early processing for a holiday. D. The Human Resources Division will notify the employee’s division manager when a trend occurs of repeated incorrect time entry and approval. E. Schedule Change Requests not approved by a supervisor by the payroll deadline will not be approved or processed by HR. F. The Human Resources Division will notify the supervisor’s chain of command when a trend occurs of schedule adjustments not being acted upon (approved or denied) by the payroll deadline. REFERENCES Personnel Rules and Regulations for the City of Charlotte Fair Labor Standards Act 300-002 Court Attendance 300-004 Sick Leave 300-005 Worker’s Compensation 300-007 Secondary Employment 300-010 Administrative Leave 300-016 Military Leave 800-004 Public Record Retention 900-013 District Attorney’s Papering Process CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-001 Scheduling, Timekeeping, and Attendance Effective Date 06/01/2015 Appendix A - Reason Codes Administrative Administrative (civilian) Airport Overtime Scheduled Day Cadets Call Back Call Back (civilian) Civil Emergency Unit Activation Change Start End Times (no leave) 7KU Comp Time Patrol Crime Fight Initiative Court Court (civilian) Court Papering Inauguration Detail Emergency\Crisis Management FBI Safe Streets Task Force FMLA Leave w/o Pay Funeral Leave FMLA Sick Fugitive Task Force FMLA Vacation Gang Reduction Initiative Government Center Function Holiday JAG Jury Duty Late Call Leave w/o Pay Military Leave Time Minimum Staffing Minimum Staffing (civilian) Civilian COMP used NULL OCDEFT ATF OCDEFT DEA OCDEFT OCDEFT FBI OCDEFT ICE Overtime Overtime (civilian) Property & Evidence Regular Earnings Sick Family Sick Personal School Support Leave SP1 SP2 SP3 Suspension Swap Day SWAT ACTIVATION Training Truancy AWOL Vacation Leave Workman's Comp Weed 'n Seed Exempt Comp Time (XTAKE) 13 of 13 Charlotte-Mecklenburg Police Department Court Attendance Interactive Directives Guide Effective Date I. 300-002 02/28/2013 1 of 5 PURPOSE To establish a procedure for court attendance, recording court attendance, and compensation for employees attending court. II. PROCEDURE A. All personnel required to appear in court, on or off-duty, will log in and out on the computer located in the Court Liaison Office. 1. Police personnel will accurately enter their personnel information into the computer to document their court appearance. No compensation will be made, if this entry is not properly completed. Employees obtaining evidence from the Property Control Bureau will do so before their court appearance, and will notify the Court Liaison Office of any necessary time adjustment. 2. Police personnel will not log in or log out any other employee, under any circumstance, when reporting for court. 3. Any employee appearing before a State of North Carolina District Court, Superior Court, Grand Jury, or other court located in the Mecklenburg County Courthouse will log in and out on the computer located in the Court Liaison Office in the Mecklenburg County Courthouse. 4. Employees appearing in District Court, Superior Court, Juvenile Court or Grand Jury will not log in more than 15 minutes prior to the specified time on the subpoena. 5. If, during a court appearance, the court is in recess for an extended period of time, and the employee is required to make an appearance in the same court immediately after such a recess, the employee will notify the Court Liaison Office. The Court Liaison Office will decide if the employee is paid through lunch or receives an additional two-hour minimum. 6. At the beginning of each duty day, Court Liaison personnel will update and correct the previous day's computer entries, and will submit a report of all entries for the previous day to the CMPD Human Resources Division. B. Non-sworn employees who are required to attend court while off-duty will be compensated according to the guidelines of the City of Charlotte Personnel Rules and Regulations. C. If an employee receives a witness fee or mileage allowance for a court appearance related to performance of law enforcement duties, that fee should be submitted to the CMPD Human Resources Division. D. Off-Duty employees will be compensated when appearances at Civil Service or other administrative hearings are mandatory. An appearance is mandatory when the officer has received a subpoena or has been ordered to attend by a supervisor. Charlotte-Mecklenburg Police Department 300-002 Court Attendance Interactive Directives Guide Effective Date 02/28/2013 2 of 5 E. Employees will schedule any offense for which a citation is issued for Administrative Court 1130 on their assigned court date and time. The scheduled date will be no less than 30 days and no more than 60 days from the date the citation is issued. When a conflict exists between the proposed court date and a recognized state holiday, the case will be scheduled for the officer's next assigned court date. F. Police personnel subpoenaed to court are required to attend court. Employees will not go directly to the District Attorney to be excused from any court appearance. G. Employees will notify the Court Liaison Office of any anticipated absences of one week or more by completing the Anticipated Absence Form and submitting the form to the Court Liaison Office, upon approval of their immediate supervisor. The Anticipated Absence Form will not be submitted less than six weeks before the absence. The employee's supervisor must sign the Anticipated Absence Form verifying the employee was approved for leave. The District Attorney's Office will determine whether the employee can be released. The Court Liaison Office will notify the employee in writing that the District Attorney's Office has released them during that anticipated absence. An approved anticipated absence form excuses the employee from District Court appearances ONLY. Excusal from Superior Court and Juvenile Court must be approved by the District Attorney’s Liaison Unit or assigned Assistant District Attorney. H. Employees will not schedule training on their assigned court date. Any conflict an employee has with a court date because of training must be documented by memo from the appropriate captain to the Court Liaison Office. The memo must state why the training cannot be rescheduled. The memo must be sent to the Court Liaison Office prior to the scheduled court appearance. The Court Liaison Office will follow the established procedures in Section L for releasing the employee from the court appearance. I. Employees will notify a supervisor in their assigned area and the Court Liaison Office prior to a scheduled court appearance, if they can not attend court due to sickness or funeral leave. The Court Liaison Office will provide direction in how to be released from that scheduled court appearance. J. Employees who are on duty and involved in a call for service and anticipate that they will be late for a court appearance must notify their immediate supervisor. The employee must request the telecommunicator contact the Court Liaison Office advising of the officer's delay in reporting for court. The employee must report for court immediately upon clearing from the call for service. K. If an employee receives a subpoena that incorrectly lists the employee's assigned district court date, or has incorrectly subpoenaed the employee, the employee will make a copy of the subpoena and send it to the Court Liaison Office with a written explanation of the problem. The Court Liaison Office will attempt to have the court date changed or have the employee excused from that appearance. The employee must honor the subpoena and attend court as directed by the subpoena, unless notified by the Court Liaison Office or the District Attorney's Office. Releases from Charlotte-Mecklenburg Police Department 300-002 Court Attendance Interactive Directives Guide Effective Date 02/28/2013 3 of 5 court appearances will not be granted when an employee has listed an incorrect "Arresting Officer" status code on the arrest worksheet. L. III. IV. If an employee must be excused from a subpoena for any reason, the employee must discuss the situation with the employee's immediate supervisor. With the supervisor's approval, the employee must submit a memo to the Court Liaison Office explaining the need to be excused. The Court Liaison Supervisor will seek to have the employee excused by the designated Assistant District Attorney for that court appearance, and will make proper notification to the employee. The employee is required to appear in court unless notified by the Court Liaison Office, or the District Attorney's Office. SUPERIOR COURT AND JUVENILE COURT SUBPOENA PROCEDURE A. Superior Court and Juvenile Court subpoenas will be generated and served electronically using the “Outlook” e-mailing system. Electronic subpoenas should only be opened using a computer connected to the LAN otherwise a blank screen will appear if opened from the vehicle or home computer. Electronic subpoenas must be acknowledged by the employee by clicking on the “Reply” button. The employee will complete all contact information and will document any conflicts including planned vacation leave, training or other matters in the notes section. *Note- Employees are reminded that completing an Anticipated Absence Form does not excuse the employee from Superior Court or Juvenile Court. The District Attorney Liaison Unit Detective assigned to the case will inform the assigned Assistant District Attorney of any conflicts listed in the notes section. The Assistant District Attorney assigned to prosecute the case will have the final decision to release the employee from Superior Court or Juvenile Court. B. Superior Court subpoenas are typically issued for trial terms usually lasting a period of one week. Employees will remain on stand-by until called upon by the DA Liaison Unit Detective or assigned Assistant District Attorney. Employees must be available when called upon to testify. If a case begins later in the trial term (i.e. Friday morning), the employee will remain on stand-by until that specific case is concluded. C. Juvenile Court subpoenas are issued for a specific date and time for the employee to appear and testify. In the event a case begins late in the week, the employee will remain available if the case continues into the following week. D. Employees appearing for Superior Court or Juvenile Court without having been contacted to testify will not receive court pay. GRAND JURY SUBPOENA PROCEDURE A. Each patrol division will have a designated Grand Jury Officer receive Grand Jury subpoenas each week. These subpoenas will be sent using the Outlook e-mail system with a delivery/receipt confirmation attached. The designated Grand Jury Officer is responsible for attending Grand Jury unless he/she has a substitute officer testify on his/her behalf. If a substitute officer is selected to testify, the substitute officer will ensure the Grand Jury Deputy and Court Liaison office is aware of the substitution. Charlotte-Mecklenburg Police Department 300-002 Court Attendance Interactive Directives Guide Effective Date 02/28/2013 4 of 5 The substituting officer must ensure his/her name is written on each bill of indictment prior to testifying before the Grand Jury. V. VI. B. Specialized units and investigative units may have a designated Grand Jury Officer/Detective assigned to handle Grand Jury each week. The same substitution rules apply in the previous section. In complex cases the officer/detective assigned to a case may choose to testify. C. The final Grand Jury schedule will be posted on the CMPD Portal page under “Grand Jury Schedule.” This final schedule which includes “add-on” cases will be posted no later than Friday morning before the following Monday’s Grand Jury. The DA Liaison Unit will be responsible for posting this final Grand Jury Schedule. COMPENSATION FOR COURT APPEARANCE A. A minimum of two hours pay will be paid to an employee who is required to make an off-duty court appearance. B. The two-hour minimum does not apply, however, when a court appearance is necessary directly before or after a scheduled tour of duty. When a court appearance is necessary directly before or after a scheduled tour of duty, the employee will be compensated for the actual time spent in court. For example, an employee working 0700-1500 who attends court from 1330-1600 would be paid one-hour straight time in addition to the regular eight hours of pay. PERSONAL APPEARANCE IN COURT A. Employees are prohibited from wearing Charlotte-Mecklenburg Police Department uniforms or carrying firearms while appearing in court or entering the courthouse when engaged in personal business unrelated to duties of a law enforcement officer. B. An employee will not enter the courthouse while in uniform or while carrying firearms when the employee is a defendant or witness in any court proceeding arising from any personal activities, unless authorized by the Chief of Police. C. Any employee who is requested or subpoenaed to appear and testify by, or on behalf of, a defendant in a criminal case as to matters unrelated to the employee's official duties will notify the District Attorney's Office of the request prior to the court date. D. Personal activities may include, but are not limited to: 1. Appearing as a defendant in criminal actions. 2. Appearing as a party or witness in civilian actions on matters not related to the employee's official capacity (personal lawsuits, restraining orders, etc.). 3. Appearing as a defendant or witness in domestic violence cases when such appearance does not arise from actions taken as a law enforcement officer. 4. Appearing as a party in an action in Superior court. Charlotte-Mecklenburg Police Department Court Attendance Interactive Directives Guide Effective Date 5. VII. VIII. IX. 300-002 02/28/2013 5 of 5 Appearing for jury duty. OFFICIAL APPEARANCE IN COURT A. Officers who are on official business (court date, grand jury, etc) and are in uniform, or who are not in uniform but have appropriate photo identification displayed on the outermost garment will enter through the screening checkpoint, but will be allowed to remain armed. B. Undercover or plainclothes officers who do not display proper identification will not be allowed to enter the complex while armed. COURT LIAISON OFFICER A. The Court Liaison Office is responsible for assisting the District Attorney's Office with the assignment of employee's court dates, and the distribution of the court assignment roster to all CMPD divisions. B. Division/Unit commanders are responsible for returning the subpoenas for their respective commands to the Court Liaison Office prior to the court date on the subpoena. REFERENCES 900-013 District Attorneys Papering Process Charlotte-Mecklenburg Police Department Sick Leave Policy Interactive Directives Guide Effective Date 11/11/2014 I. 300-004 1 of 4 PURPOSE To establish guidelines for the appropriate use and recording of paid sick leave. To establish that the City of Charlotte and the Charlotte-Mecklenburg Police Department are in compliance with the federal Family Medical Leave Act (FMLA) through City of Charlotte Policy HR9. II. III. DEFINITIONS A. Limited Duty Status: A temporary inability to perform the essential functions of the job. B. Light Duty: Employee, because of injury or other temporary medical disability, has been certified as capable of performing certain types of limited duty and has been assigned to a CMPD unit with no loss of salary. C. Light Duty / Workers’ Compensation: Employee, because of injury or other temporary medical disability, has been certified as capable of performing certain types of limited duty and has been assigned to a CMPD unit with no loss of salary. This status is due to an on the job injury. D. Administrative Assignment/Leave: Employee who has had their police enforcement authority temporarily suspended pending the resolution of an internal and/or external personnel matter and has been assigned to perform administrative tasks within the agency or has been directed to remain at home. See Directive 300-010 Administrative Leave Policy for additional guidance. E. Sensitive Items: All firearms, magazines, ammunition, Conducted Electrical Weapons (CEW), portable radios, collapsible baton, OC spray, Badge, ID and access cards, take home cars, keys and fuel cards or any other items as deemed by the CMPD Chain of Command. F. Extended Sick Leave: An illness or injury requiring the use of more than thirty consecutive sick days. G. Short Term Sick Leave: An illness or injury requiring the use of thirty or less consecutive sick days. H. FMLA: Family Medical Leave Act. http://www.dol.gov/whd/fmla/ PROCEDURE A. Notification of Unforeseeable Illness or Injury An employee needing to use paid sick leave for an unforeseeable illness or injury is responsible for ensuring that the supervisor is informed at least one hour prior to the beginning of the employee's scheduled work shift. 1. Notification will be given to the employee's immediate supervisor each scheduled working day of the employee's absence up to and including the Charlotte-Mecklenburg Police Department 300-004 Sick Leave Policy Interactive Directives Guide Effective Date 11/11/2014 2 of 4 employee's third consecutive day of absence. The employee must make direct contact with an on duty supervisor in the same unit. 2. B. When requesting sick leave from a supervisor, an employee is responsible for advising the supervisor of any schools, training, court, or other assignments the employee will miss. The supervisor will notify the appropriate persons of the employee's expected absence. Notification of Foreseeable Illness or Injury An employee needing to use paid sick leave for a foreseeable illness or injury shall give as much prior notice as possible to the starting date of the leave in writing to their supervisor and to CMPD Human Resources. The thirty day requirement shall not apply to circumstances that indicate the need for immediate medical treatment for the employee or a member of their immediate family in which case the employee will notify their supervisor and Human Resources as soon as possible. C. Extended Absences An employee having an illness or injury requiring the use of more than three consecutive sick days must obtain the supervisor's permission to use sick leave without maintaining daily contact with the employee's immediate supervisor. 1. The employee's supervisor will establish the appropriate reporting schedule (weekly contact, monthly contact, etc.) The employee will conform to the division reporting schedule specified by the supervisor. 2. The employee's supervisor will notify his or her chain of command, and CMPD Human Resources if an employee has notified them that they will need be on sick leave for an extended period of time, the division reporting schedule that has been established for that employee, and any change in the employee's condition which comes to the supervisor's attention that might lengthen or shorten the employee's absence. The employee is not required to provide any medical updates or information to their supervisor or division. All medical information or documentation for the employee regarding the absence should be forwarded to Human Resources. No medical information should be kept at the division or in the employee’s division file. 3. Should an employee need to be out on sick leave that qualifies for FMLA they must contact CMPD Human Resources to facilitate FMLA qualification process. 4. An employee who expects to be absent for more than 30 consecutive work days, or has been absent for 30 consecutive work days and does not know when he or she will be able to return to work, will be required by the CMPD to turn in all department-issued equipment to the Property and Evidence Management Division until returning to work. If the employee is unable to turn in the department-issued equipment, the supervisor must make arrangements Charlotte-Mecklenburg Police Department 300-004 Sick Leave Policy Interactive Directives Guide Effective Date 11/11/2014 3 of 4 to retrieve the equipment and turn it into the Property and Evidence Management Division. D. 5. All extended medical leaves must be reviewed by the Human Resources Division prior to being submitted to the Chief of Police for final approval. 6. Should a department supervisor receive medical documentation of any kind, they should immediately forward this to CMPD Human Resources. Abuse Employees will not feign illness or injury, falsely report themselves sick, ill or injured, or otherwise deceive or attempt to deceive any official of the CMPD as to the condition of their health or that of their families. IV. E. No CMPD employee may work off duty at police or non-police related employment on any day the employee is on workers' compensation leave or is on personal sick leave (except for doctor’s appointments). After having been absent on workers' compensation leave or personal sick leave (except for doctors’ appointments), no employee may work off duty until the employee has reported back to work. F. Any employee who is absent from work for two consecutive work days without permission and without reporting that absence to their supervisor on a daily basis is presumed to have resigned from CMPD without proper notice. G. Returning to Work 1. An employee who is absent from duty due to illness or injury for more than three consecutive work days may be required to obtain medical clearance from a medical doctor approved by the City of Charlotte before returning to work. 2. If a physician is involved, the employee must submit documentation from the physician explaining the need for the absence to the Human Resources Division. This documentation will be retained in the employee's medical file. The Human Resources will forward information related to any restrictions to the employee's supervisor. 3. Human Resources can require the employee to obtain written clearance from the City of Charlotte’s contracted medical facility. Contact with the City of Charlotte’s contracted medical facility will be arranged and coordinated by the Human Resources Division. REFERENCE 300-001 Scheduling, Timekeeping, and Attendance 300-006 Limited Duty Policy 300-007 Secondary Employment 300-013 Return to Duty 400-001 Uniforms 400-003 Equipment Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-004 Sick Leave Policy Effective Date 11/11/2014 4 of 4 Rule of Conduct # 9 Absence from Duty City of Charlotte Policy HR9 - Leave of Absence Under the Family-Medical Leave Act City of Charlotte Policy HR15- Shared Sick Leave CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Workers Compensation and Defense Against Claims and Judgments Effective Date 01/30/2015 I. 300-005 1 of 5 PURPOSE To establish guidelines for reporting on the job injuries, discuss civil claims against City employees, and limited duty that is subject to worker's compensation. II. III. DEFINITIONS A. Sensitive Items: All firearms, magazines, ammunition, Conducted Electrical Weapons (CEW), portable radios, collapsible baton, OC spray, badge, ID, and access cards, take home cars, keys, fuel cards, or any other items as deemed by the CMPD Chain of Command. B. Medical Service Provider: Contracted by the City of Charlotte to provide medical care when a City Employee is injured while performing their work related duties. C. Exposure Incident: Specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious material that results from the performance of an employee's duties. PROCEDURE A. Every employee will immediately report an on the job accident or injury to their supervisor. The supervisor will complete a Supervisor's Investigative Report. B. An employee injured on the job is to report directly to Medical Service Provider for referral to a physician, except in cases of serious injury. C. If an employee receives medical attention for an on-the-job injury at night, on weekends or holidays, the Medical Service Provider is to be notified at the beginning of the next working day. The employee's supervisor will report injuries, if the employee is unable to. D. Prior to returning to work, the injured employee will coordinate with Human Resources as required by Directive 300-013 Return to Duty. E. An employee out of work due to any injury will not work at any secondary employment jobs until returned to full duty. F. Worker's Compensation Coverage-Jurisdictional Boundaries: On-duty officers who are injured outside their jurisdictional boundaries are not covered under Worker's Compensation except in the following instances: 1. Pursuit of a fleeing offender. 2. Transporting prisoners. 3. Educational leave, at times when the employee is considered on duty; such as, attending class, etc. 4. While in the performance of assigned duties. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-005 Workers Compensation and Defense Against Claims and Judgments Effective Date 01/30/2015 2 of 5 G. Civilian employees are covered by Worker's Compensation during assigned duty hours and at any time other than regular duty hours when they are requested by the Department to return to duty or to provide services for the City's benefit. Civilian employees may not place themselves on duty or assume duty functions unless authorized by the Department. H. Sworn officers who take action within the scope of their employment and duty or engage in the good faith performance of their duties will be defended by the City against any civil claim of judgment. I. Secondary Employment Officers working secondary employment for a private employer may be covered under the private employer's or the City of Charlotte’s worker's compensation for injuries received in the course of their duties. The injury packet will be submitted to City of Charlotte Risk Management and will be decided on a case by case basis. J. Responsibility It is the responsibility of the employee to notify their supervisor immediately or as soon as reasonably possible after receiving a job related injury or exposure.   1. Employee a. When an employee is injured on the job, regardless of severity, they are to report the injury or exposure to their supervisor immediately. b. If the injury is life threatening the employee is to seek treatment at the nearest medical facility. If an employee does go to an ER they must go for a follow up visit at the City’s Contracted Medical Service Provider location the next calendar day or when medically able. c. If an employee is in need of follow-up treatment, they are to receive a medical treatment referral form from their supervisor and report to one of the designated City’s Contracted Medical Service Provider locations. A new Medical Treatment Referral form must be completed by the supervisor and taken to each follow-up visit. When the employee is seen by a doctor, he/she will complete the bottom of the Medical Treatment Referral form. d. Employee will receive a copy of the Activity Status Report after each visit with the Worker’s Compensation Physician. e. All paperwork received during treatment or follow-up should be forwarded to the Human Resources Department in person or via fax. Due to HIPPA, email is not acceptable for medical information. This must be done after every visit. f. Sworn employees that are anticipated to be on limited duty/worker’s compensation for a period exceeding 30 days are required to turn in Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-005 Workers Compensation and Defense Against Claims and Judgments Effective Date 01/30/2015 3 of 5 their CMPD issued firearm, related components and other sensitive items as required in Directive 300-006 Limited Duty. 2. g. Employees under this section are prohibited from engaging in police related secondary employment. h. An employee on Worker's Compensation will not return to regular duty without meeting the requirements set forth in Directive 300-006 Limited Duty Policy. i. The employee must use their own sick time. Employees injured on the job are not eligible to apply for short term disability. j. If an employee is eligible for Shared Sick Leave, after all sick and vacation leave is exhausted they may apply for 45 days of sick leave through the City of Charlotte’s Shared Sick Leave Program. This benefit is only available if an employee has donated 8 hours of their own sick time to the shared sick bank during annual Open Enrollment. If all leave time is exhausted and the employee is not a part of the Shared Sick Leave Program they must take the remainder of their leave without pay. Employees will be notified that they will be billed monthly by the City for their portion of their benefit premiums. Supervisor a. The supervisor for both sworn and civilian employees must complete an Internal Affairs Case Management System (IACMS) packet that alerts CMPD Human Resources of an injury or exposure, regardless of severity. The supervisor must also complete the required On the Job Injury Report located on the Intranet to be submitted to Risk Management within 72 hours of the incident/exposure. This report is needed to file a claim with the N.C. Industrial Commission for Workers’ Compensation benefits. If the injury is related to a vehicle accident, a Vehicle Accident Report Form (VARF) must also be completed. This form can also be found on the Risk Management website on the same page as the on the job injury report. b. If an employee’s injury or exposure requires follow-up treatment the supervisor must complete a medical treatment referral form before the employee can return to the Medical Provider. c. The supervisor will contact HR for all updates concerning the injured employee’s work status. At no time should a supervisor ask an employee for their medical information. d. If an employee is placed on limited duty by HR for more than 30 days, the employee’s supervisor will be responsible for ensuring the employee’s sensitive items are collected and turned in to the Property Charlotte-Mecklenburg Police Department 300-005 Workers Compensation and Defense Against Claims and Judgments Interactive Directives Guide Effective Date 01/30/2015 4 of 5 and Evidence Division for storage until such time that the employee is released back to full duty.   e. 3. 4. The supervisor will complete the Medical Treatment Referral Form. Be sure to note if the injured employee requires a post-accident drug and/or alcohol test. Human Resources a. Human Resources will notify the employee of approval or denial of Worker’s Comp claim. b. Human Resources will ensure all time is entered and approved for employees on limited duty or out of work due to on the job injuries. c. For employees placed on limited duty due to a worker’s compensation claim, Human Resources will determine an assignment based upon the needs of CMPD as a whole. d. Human Resources will monitor periods of worker’s compensation limited duty which generally do not exceed two years. When an employee gets within 120 days of the specified limited duty period Human Resources will meet with the employee to discuss next steps concerning employment going forward. Physician Responsibilities a. A physician will perform a complete evaluation of the injured/ill patient and fill out an Injury/Illness Flow sheet. b. The Injury/Illness Flow sheet will be utilized to create an Activity Status Report. c. The employee will receive one copy of the Activity Status Report and a copy will be placed on a Medical Service Provider Portal that will generate an email to the designated department personnel. Both the department representative and Risk Management will have access to the Medical Service Provider Portal Activity Status Report. d. The Activity Status report will show: (1) Physician seen along with time in and time out (2) Work Status (3) Specific Restrictions (4) Remarks (5) Anticipated Maximum Medical Improvement date Charlotte-Mecklenburg Police Department Interactive Directives Guide Workers Compensation and Defense Against Claims and Judgments Effective Date 01/30/2015 (6) IV. V. 300-005 5 of 5 Follow up visit information e. Every visit will generate an Activity Status sheet to keep all essential parties advised on the progress of the injured employee. f. Physician will refer employee to a specialist if/when necessary. g. All medication prescribed will be covered under workers compensation. DEFENSE AGAINST CLAIMS AND JUDGMENTS A. An officer who takes action within the scope of their employment and duty or engages in the good faith performance of their duties on behalf of the City will be defended by the City against any civil claim or judgment arising or resulting there from. This also includes the good faith performance of these duties while engaged in secondary employment. B. Officers will not be defended against claims or judgments arising from cases when they willfully: 1. Act or fail to act because of actual fraud, corruption, or actual malice. 2. Act or fail to act as a result of or at a time when their self-indulgence substantially impaired the officer's judgment (as, for example, an officer or employee who causes damage or injury while intoxicated or under the influence of drugs while on the job). 3. Act or fail to act, except in emergencies or the existence of extenuating circumstances, directly contrary to instructions from his superior or directly contrary to the advice of the Police Attorney. 4. Act or fail to act in such manner as to constitute a criminal act. REFERENCES 300-004 Sick Leave Policy 300-006 Limited Duty Policy 300-013 Return to Duty N.C.G.S. 97-22 Charlotte-Mecklenburg Police Department Limited Duty Policy Interactive Directives Guide Effective Date I. 300-006 02/25/2012 1 of 4 PURPOSE To inform employees of the Department's policy and procedure for employees placed on limited duty status. II. POLICY It will be the policy of CMPD to allow an officer who has been placed in a limited duty status due to an injury, to work in a light duty capacity until such time the officer is cleared for regular duties by a medical doctor or expiration of any time limitations for light duty as outlined in this policy. Officers may also be placed in a limited duty status for administrative reasons. It will be the policy of CMPD that an officer on limited duty status will turn in their service weapon and any other issued items deemed necessary by the officer’s Chain of Command. These items will be retained until such time that the officer is able to perform the essential functions of their job. III. DEFINITIONS Limited Duty Status - A temporary inability to perform the essential functions of the job. IV.  Light Duty – Employee, because of injury or other temporary medical disability, has been certified as capable of performing certain types of limited duty and has been assigned to a CMPD unit with no loss of salary.  Light Duty / Workers’ Compensation – Employee, because of injury or other temporary medical disability, has been certified as capable of performing certain types of limited duty and has been assigned to a CMPD unit with no loss of salary. This status is due to an on the job injury.  Administrative Duty/Leave – Employee who has had their police enforcement authority temporarily suspended pending the resolution of an internal and/or external personnel matter and has been assigned to perform administrative tasks within the agency or has been directed to remain at home. Administrative Duty is assigned with no loss of salary.  Sensitive Items – All firearms, magazines, ammunition, Conducted Electrical Weapons (CEW), portable radios, collapsible baton, OC spray, Badge, ID and access cards, take home cars, keys and fuel cards or any other items as deemed by the CMPD Chain of Command. PROCEDURE A. Employees must request light duty for injuries which are subject to Worker's Compensation. 1. Light duty is available to any employee who is temporarily unable to perform the essential functions of their position. 2. There is no set time limit on the duration of light duty for an injury covered under the City's Worker's Compensation program. 3. Employees who are injured on the job and who are eligible for Worker’s Compensation benefits will be assigned to light duty subject to the following conditions: Charlotte-Mecklenburg Police Department Limited Duty Policy Interactive Directives Guide Effective Date 4. B. 300-006 02/25/2012 2 of 4 a. The employee is temporarily unable to perform the essential functions of the job. b. The City of Charlotte’s designated physician/service provider has approved light duty for that employee. c. Sworn employees that are anticipated to be on light duty/worker’s compensation for a period exceeding 30 days are required to turn in their CMPD issued firearm, related components and other sensitive items designated by the employee’s Chain of Command while on light duty status. Any exceptions to this requirement must be approved by the Chief of Police. d. The employee’s first line supervisor will be responsible for ensuring all these sensitive items are collected and turned in to the Property and Evidence Division for storage. e. Employees under this section are prohibited from engaging in police related secondary employment. An employee on Worker's Compensation will not return to regular duty without first receiving written clearance from the City's designated physician. Upon receiving clearance, the employee must notify the Human Resources Division and provide a copy of the written clearance. a. Human Resources will notify the employee’s Chain of Command and the Training Academy staff that the employee has been released by the physician to return to full duty status. b. Upon being released by the City of Charlotte’s designated physician to return to full duty the employee will report to the Training Academy to ensure firearms proficiency for return to full duty. c. Upon being cleared by the Training Academy staff, the employee will return to full duty status. Employees may request light duty for injuries or temporary disabilities which are not subject to worker's compensation. 1. Prior to any light duty assignment (and at such intervals as the Department may thereafter require), a medical doctor, satisfactory to the City, must certify the employee is unable to perform the essential functions of the job, and the contributing condition is temporary; and there is no risk of contagion or infection to other employees. a. An employee may receive light duty status up to 365 days at the discretion of the Chief of Police. b. The status and physical condition of any employee on light duty will be evaluated at a minimum of every thirty (30) days by the Human Resources Division Manager. An employee may be required to provide the Human Charlotte-Mecklenburg Police Department 300-006 Limited Duty Policy Interactive Directives Guide Effective Date 02/25/2012 3 of 4 Resources Division Manager with a statement, from a medical doctor satisfactory to the City, that the employee is still unable to perform the full range of his/her regular duties. At the conclusion of authorized light duty, the employee must either return to full duty or utilize other forms of leave. After a light duty assignment an employee is not eligible for light duty again for eighteen (18) months (540 days) following the end of that light duty assignment except for employees who were once light duty due to pregnancy. c. Sworn employees that are anticipated to be on light duty/worker’s compensation for a period exceeding 30 days are required to turn in their CMPD issued firearm, related components and other sensitive items designated by the employee’s Chain of Command while on light duty status. Any exceptions to this requirement must be approved by the Chief of Police. d. The employee’s first line supervisor will be responsible for ensuring all these sensitive items are collected and turned in to the Property and Evidence Division for storage. e. An employee on light duty under this section is prohibited from engaging in police related secondary employment. 2. Acceptance of light duty will be voluntary on the part of the employee involved. Sick leave (or other available leave) may be used if the employee so desires, subject to City and Department regulations. 3. All requests for light duty assignments will be forwarded to and coordinated by the Human Resources Division. An employee will not be assigned to light duty until written approval has been received from the employee's personal physician. The final decision will be made by the Human Resources Division. 4. All light duty assignments will be coordinated by the Human Resources Division in consultation with the employee’s Chain of Command. The light duty assignment will take into consideration the needs of the organization and not solely the division where the employee is assigned. 5. While on light duty, employees will wear civilian, business casual clothing which is professional in appearance and adheres to directive 400-001 Uniform and Personal Appearance Policy. 6. An employee on voluntary light duty will not return to regular duty without first receiving written clearance from their treating physician. Upon receiving clearance, the employee must notify the Human Resources Division and provide a copy of the written clearance. a. Human Resources will notify the employee’s Chain of Command and the Training Academy staff that the employee has been released by the physician to return to full duty status. Charlotte-Mecklenburg Police Department Limited Duty Policy Interactive Directives Guide Effective Date C. D. 300-006 02/25/2012 4 of 4 b. Upon being released by the employee’s designated physician to return to full duty the employee will report to the Training Academy to ensure firearms proficiency for return to full duty. c. Upon being cleared by the Training Academy staff, the employee will return to full duty status. Administrative Duty/Leave assignments are made at the discretion of the Chief of Police. 1. Employees on Administrative Duty/Leave are expected to perform any assigned administrative tasks and report to work as directed by CMPD. Employees on Administrative Duty/Leave will be considered “on call” and are expected to report when called to facilitate the resolution of any inquiries or investigations. 2. Sworn employees placed on Administrative Duty/Leave status are required to turn in their CMPD issued firearm, related components and other sensitive items designated by the employee’s Chain of Command while on Administrative Duty. Any exceptions to this requirement must be approved by the Chief of Police. 3. The employee’s first line supervisor or other designated supervisor will be responsible for ensuring all these sensitive items are collected and turned in to the Property and Evidence Division for storage. 4. If the Administrative Duty/Leave status exceeded 30 days, upon having their police authority restored, the employee will report to the Training Academy to ensure firearm proficiency for return to full duty. 5. Upon being cleared by the Training Academy staff, the employee will return to full duty status. Return from Limited Duty Sworn employees returning to duty from an extended absence, (i.e. leave of absence, light duty, maternity leave, etc.) must contact the training staff prior to reporting for duty to determine if current certification/firearms requirements have been satisfied. Failure to remain current may result in revocation of an individual’s state certification. V. REFERENCES 300-003 Reporting Employee Attendance 300-005 Workers Compensation & Defense Against Claims & Judgments 300-021 Fitness for Duty 400-001 Uniform and Personal Appearance Policy Fair Labor Standards Act Pregnancy Discrimination Act Americans with Disabilities Act Family Medical Leave Act Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 I. 300-007 1 of 28 PURPOSE To provide guidelines for sworn employees regarding the types of secondary employment which are appropriate, and establish procedures to maintain accountability for sworn employees engaged in secondary employment. These requirements are essential for the efficient operation of the Charlotte-Mecklenburg Police Department (CMPD) and the maintenance of the public's trust. II. POLICY Standard of conduct while engaged in Secondary Employment III. A. Sworn employees engaged in secondary employment will conform to all laws and Departmental policies when working a secondary employment assignment. B. Sworn employees engaged in secondary employment will take appropriate action to enforce the law and preserve public safety, and will not be bound by rules or restrictions of the secondary employer in taking action. C. Sworn employees engaged in secondary employment will not act to enforce the rules and regulations of an employer, which are not otherwise violations of the law. DEFINITIONS A. Secondary Employment: The provision of a service conditioned on the actual or potential use of law enforcement authority by a sworn employee outside the normal City duty hours of an employee for an employer in exchange for a fee or other service; secondary employment shall always remain ‘secondary’ to an employee’s on duty job responsibilities, and shall not in any way infringe upon an employee’s on duty job performance. By definition, secondary employment will always occur within the jurisdiction of the department, with the exception of high liability law enforcement teaching or training, specifically in the areas of police driving, police firearms, and/or police defensive tactics. Regardless of the location of the aforementioned training or teaching, such training/teaching will always be considered secondary employment for purposes of this policy. Extra duty assignments outside of a sworn employee’s normal City work hours performed on behalf of the City in furtherance of special law enforcement projects or initiatives, such as Jag Grant work, are not considered Secondary Employment, but extra duty assignments at Special Events and Special Event venues designated for payment as “SP” time are considered Secondary Employment. Secondary employment also includes unpaid volunteer or charitable work when the sworn employee is in uniform or presents themselves as a member of CMPD. Secondary Employment is a privilege extended to the employee by the Chief of Police, and the ability to work Secondary Employment rests solely at the discretion of the Chief of Police or his/her designee. The Secondary Employment Unit will maintain full discretionary authority over all secondary employment matters on behalf of the Chief of Police. B. Outside Employment: Any employment outside the employee’s normal City duty hours in exchange for a fee or other service that does not require the actual or potential use Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 2 of 28 of law enforcement authority by a Department employee. This includes selfemployment such as contracting or sales jobs. While the purpose of this policy is not to regulate Outside Employment, but to regulate Secondary Employment by sworn employees, all employees are prohibited in engaging in any Outside Employment that would reflect unfavorably upon the employee, impair the operational efficiency of the Department, or adversely affect the Department. C. Probationary Period: The probationary period for sworn employees begins on the date the employee is sworn as a CMPD officer and ends one year from that date. D. Work Permit: Permit required by sworn employees to engage in secondary employment. E. Restricted Secondary Employment: Employment that by its nature requires more stringent guidelines than other secondary employment. Restricted Secondary Employment generally requires the sworn employee to complete and sign an addendum attached to this policy. All completed and signed addendums will be forwarded to and maintained by the Secondary Employment Unit. F. Apartment Security: Employment of a sworn employee by an apartment or residential community for the provision of on-site security services in exchange for pay, housing, reduction in rent or other benefits. Sworn employees must submit an apartment security application prior to accepting any apartment security position. G. Major Secondary Employment Job: Any secondary employment job requiring five (5) or more officers. Such jobs will necessitate the inclusion of a supervisor. Any requirement for a supervisor, or levels of supervision, can be waived by the Secondary Employment Commander, the affected Division Captain, or the Watch Commander for last minute jobs called in outside of business hours based upon a variety of factors, to include, but not limited to, the presence/absence of on duty supervision, estimated attendance, the sale/or consumption of alcoholic beverages on the premises, previous history, site layout, traffic and/or parking issues, and general crime trends in the vicinity. In any instance where the supervisory requirement is waived by a Division Captain/and or the Watch Commander, this decision will be subject to the final approval of the Secondary Employment Commander. H. High Profile Venue: Any location, establishment or event that due to its unique importance within the City’s Infrastructure will require the command and/or coordination of a member of Executive Staff (Major or above), referred to as the Venue Commander, regardless of staffing levels. The determination as to whether a location or event is considered a High Profile Venue rests with the Chief of Police, as does the determination of the sworn member of Executive Staff that holds this position. Staffing for these venues will in turn be established by the Venue Commander. I. Venue Commander: The sworn member of Executive Staff, holding the rank of Major or above, responsible for the management of a High Profile Venue. The appointment of a Venue Commander is made by the Chief of Police. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 3 of 28 J. Secondary Employment Commander: The sworn member of command, holding the rank of Captain, who manages the Secondary Employment Unit. The Secondary Employment Commander maintains full discretionary authority over secondary employment matters on behalf of the Chief of Police, subject to the concurrence of the Secondary Employment Chain of Command. K. Secondary Employment Sergeant: The sworn employee who investigates and either approves or denies all requests for secondary employment, maintains all documentation concerning secondary employment, and makes secondary employment opportunities available to sworn employees on an equitable basis. The Secondary Employment Sergeant is responsible for supervising the Secondary Employment Unit and for performing investigations of any rule violation solely of the Secondary Employment policy, and subsequently imposing consistent and fair corrective action upon the disposition for rule and policy violations solely of the Secondary Employment Policy. L. Job Site Coordinator: Any full time sworn employee who schedules, manages, and coordinates other sworn employees working a specific secondary employment site, making secondary employment opportunities available to sworn employees on an equitable basis. M. Secondary Employment System: The computer system where secondary employment jobs are posted, sworn employees’ secondary employment history and status are stored and maintained, and where secondary employment employer’s information is stored. N. Supervisor: A sworn employee with the rank of sergeant or above assigned to a supervisor shift on a secondary employment job, paid at the rate for a Sergeant. A supervisor will be required for jobs/events that have five (5) or more officers, but may be required by the Secondary Employment Commander regardless of the number of officers staffing the job based upon a variety of factors, to include, but not limited to, the presence/absence of on duty supervision, estimated attendance, the sale and/or consumption of alcoholic beverages on the premises, previous history, site layout, traffic and/or parking issues, and general crime trends in the vicinity. O. Lieutenant: A sworn employee with the rank of Lieutenant or above assigned to a secondary employment job. One (1) Lieutenant is required for jobs/events that have eleven (11) to twenty (20) officers; when a job necessitates the inclusion of a Lieutenant based upon staffing numbers, the Lieutenant will be paid the secondary employment rate for a Lieutenant. P. Captain: A sworn employee with the rank of captain or above assigned to a secondary employment job. One (1) captain is required for jobs/events that have twenty one (21) to thirty nine (39) officers. Two (2) captains are required to supervise jobs/events that have forty (40) officers or more. When a job necessitates the inclusion of a Captain or above based upon staffing numbers, the Captain or above will be paid the secondary employment rate for a Captain. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 IV. 300-007 4 of 28 Q. Major: A sworn employee with the rank of Major assigned to a secondary employment job. One (1) Major is required to supervise jobs/events that have forty (40) officers or more. When a job necessitates the inclusion of a Major based upon staffing numbers, the Major will be paid the secondary employment rate for a Major. R. Sworn Employee: Any sworn member of the department regardless of rank. S. Non-Sworn Employee: Any civilian employee of the department. T. Employee: Term indicating both sworn and non-sworn employees of the department U. Alcohol Establishment: Any business that sells alcoholic beverages for on-site consumption as a regular and primary part of their business. The final determination of whether a business is operating as an alcohol establishment for purposes of this policy rests with the Secondary Employment Commander, and should be based primarily upon the percentage of food being sold versus alcohol. V. Personal Protection Secondary Employment: When a person enlists a sworn member of CMPD to accompany them during their daily activities for purposes of personal security. Personal Protection secondary employment is prohibited. Protection of property associated with a person is not considered Personal Protection for purposes of this policy. EMPLOYEE SECONDARY EMPLOYMENT PERMITS A. Probationary officers may apply for a work permit, through their chain of command, once they have completed the Department’s Police Training Officer (P.T.O) program. Probationary Officers may work traffic or security secondary employment jobs, but will not work at any alcohol establishment or plain-clothes assignment. Sworn employees who are hired as a lateral transfer from another law enforcement agency are considered to be non-probationary for purposes of this policy once they complete the Department’s Police Officer Training Officer (P.T.O) program. Any secondary employment job or employer may be restricted from any officer for cause at the discretion of the Secondary Employment Commander. B. No sworn employee will work at a secondary employment job without an approved work permit. A sworn employee may have his/her work permit suspended for cause at any time at the discretion of the Chief of Police or his/her designee, the Secondary Employment Commander for Secondary Employment matters or the employee’s Chain of Command for work performance issues. A sworn employee may appeal the permit suspension to his/her the Deputy Chief; however, the employee should consider their permit to be suspended until such time as the Deputy Chief decides otherwise. This determination is subject to the concurrence of the Secondary Employment Chain of Command. C. Sworn employees must submit a completed Work Permit Form through their Chain of Command to the level of Major. Once the permit has been approved by the sworn Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 5 of 28 employee’s chain of command, a copy of the approved work permit will be forwarded to the secondary employment unit to be maintained in a file. V. PROHIBITED SECONDARY EMPLOYMENT A. Employees are prohibited from engaging in any secondary or outside employment that would reflect unfavorably upon the Department or the employee, impair the operational efficiency of the Department, or adversely affect the Department. B. Sworn employees are specifically prohibited from engaging in the following secondary employment: 1. Employment that presents a real, potential, or apparent conflict of interest between the sworn employee's duties as a Department employee and their duties for the secondary employer. 2. Employment inside alcohol establishments is prohibited. For the purposes of this Directive, events such as festivals, sporting events, and concerts will not be considered alcohol establishments. 3. Employment at establishments which sell merchandise of a sexual or pornographic nature as their primary source of revenue or that otherwise provides entertainment or services of a sexual nature; employment at topless bars, X-rated video or bookstores or adult entertainment establishments. Traffic control secondary employment off the premises of these establishments may be permitted on a case by case basis. 4. Employment as a process server, bail bondsman, property re-possessor, bill collector, towing vehicles, or any other employment in which police authority might tend to be used to collect money or merchandise for private or commercial purposes. 5. Any employment for private security companies, company police, or any business that provides private investigations or background checks. 6. Protection of management, employees, or property during a strike or labor dispute. 7. Employment solicited in direct competition with private security firms. 8. Employment that would hinder or interfere with the sworn employee's regular duties. 9. Soliciting any secondary employment from any person is prohibited. All requests for employment will be referred to the Secondary Employment Unit. 10. Personal Protection or “Bodyguard” secondary employment. 11. Non-sworn employees are not permitted to use their position with CMPD to perform any secondary employment, unless approved by the Secondary Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 6 of 28 Employment Commander (i.e., specific non-sworn employees may be approved to provide traffic direction under certain conditions). VI. RESTRICTED EMPLOYMENT A. Sworn employees working restricted secondary employment jobs should expect closer inspection of these jobs and their activities. B. Apartment Security Positions 1. Sworn employees are permitted to hold apartment security positions consistent with other Department regulations. 2. Sworn employees requesting to engage in apartment security must obtain and complete an Apartment Security Application Packet obtained in the Secondary Employment Office. C. Sworn employees are permitted to engage in traffic control and direction in the public streets subject to the restrictions outlined in the “Rules Governing Off-Duty Traffic Control on Public Streets” section, at the end of this directive. D. Sworn employees may be permitted to work the exterior of alcohol establishments subject to the restrictions outlined in the “Rules Governing Alcohol Establishments” section, at the end of this directive. E. Sworn employees may be permitted to engage in neighborhood or apartment patrols subject to the restrictions outlined in the “Rules Governing Neighborhood Patrols” section, at the end of this directive. F. The failure of any employer or sworn employee to comply with the restrictions outlined in any addendum to this policy may result in the employer being removed from the list of approved employers. In addition, the sworn employee will be subject to the appropriate corrective action. G. Command personnel may not engage in secondary employment without the prior approval of the Chief of Police. H. Secondary employment that requires the use of specialized equipment received by a sworn employee through the Department and/or specialized training, to include performing training or teaching in the areas of police driving, police firearms, or police defensive tactics must be approved as follows: 1. Sworn employees using specialized equipment must obtain approval in writing through the level of Deputy Chief from the Chain of Command assigned the equipment as well as the Secondary Employment Commander. 2. Sworn employees performing training and/or teaching in the areas of police driving, police firearms, or police defensive tactics must obtain approval in writing through the level of Deputy Chief from the Training Academy Chain of Command as well as the Secondary Employment Commander. When Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 7 of 28 requested by the Training Academy Chain of Command, the employee shall provide to the Training Academy Commander copies in writing of any lesson plans prior to approval. Copies of lesson plans will be maintained on file by the Training Academy Commander. Any training and/or teaching by any sworn employee for secondary employment purposes in the areas of police driving, police firearms, or police defensive tactics whether performed inside or outside of the jurisdiction, will always be considered secondary employment subject to all of the secondary employment rules specified in this policy. J. VII. Sworn employees are permitted to engage in “plainclothes” secondary employment but must have prior approval from the Secondary Employment Commander. These assignments are required to be entered into the Secondary Employment system as “plainclothes” to distinguish the restrictive nature of this employment. SUPERVISION OF SECONDARY EMPLOYMENT A. A sworn employee of any rank may work any approved secondary employment job staffed by less than five (5) officers. B. Any secondary employment job calling for five to ten (5-10) officers will require one (1) supervisor. The affected Division Commander, the Watch Commander for last minute jobs, or the Secondary Employment Commander may waive this supervisory requirement based upon a variety of factors, to include, but not limited to, the presence/absence of on duty supervision, estimated attendance, the sale/or consumption of alcoholic beverages on the premises, previous history, site layout, traffic and/or parking issues, and general crime trends in the vicinity. C. It is required that for a secondary employment job calling for eleven through twenty (11-20) officers, the job will necessitate one (1) supervisor and one (1) lieutenant, captain, or major, paid as a Lieutenant. One of the supervisor positions may be waived. D. It is required that for a secondary employment job calling for twenty-one through twenty-nine (21-29) officers, the job will necessitate two (2) supervisors and one (1) captain or above, paid as a Captain. E. It is required that for a secondary employment job calling for thirty through thirty-nine (30-39) officers, the job will necessitate three (3) supervisors and one (1) captain or above, paid as a captain. F. It is required that for a secondary employment job calling for forty through forty-nine (40-49) officers, the job will necessitate four (4) supervisors, two (2) captains paid as captains, and one (1) major, paid as a major. G. Secondary employment jobs calling for more than forty-nine (49) officers will be evaluated on a case-by-case basis for additional supervisory positions. The decision regarding the requirement for supervisors and their numbers and ranks will be made by the Secondary Employment Commander in instances where a DOT (Department of Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment 8 of 28 Effective Date: 05/01/2014 Transportation) permit is not issued for the job/event, or the Special Events Commander in instances where a DOT permit is issued for the job/event. Supervisory Requirement Chart # of Officers Less than 5 5-10 11-20 21-29 Sergeant/Lieutenant (supervisor) NA 1* sergeant, lieutenant, captain, or major 1 & 1* sergeant, lieutenant, captain, or major 2** sergeant, lieutenant, captain, or major Captain NA Major NA 1 captain or major 3** sergeant, lieutenant, captain, or major 1 captain or major 4** sergeant or lieutenant 2 1 Staffing levels determined by secondary employment or special events 30-39 40-49 50+ *No supervisor will be allowed to work a secondary employment job where they are supervised by an employee of lower rank. 1. Secondary Employment supervisors will be responsible for the supervision of officers working a secondary employment job. Supervisors will ensure that sworn employees working secondary employment comply with all applicable CMPD policies and the law. 2. Secondary Employment supervisors will assist on-duty supervisors in the preparation of any supervisor reports necessitated by secondary employment officers' actions. Supervisors working secondary employment in a nonsupervisory capacity will assist on-duty supervisors with any report preparation as needed. 3. No supervisor will be allowed to work a secondary employment job where they are supervised by an employee of a lower rank. One sergeant may work an officer slot for supervised jobs requiring five to ten (5-10) officers. Two sergeants may work officer slots for jobs requiring over ten (10) officers. 4. Police reserves may not work in a supervisory capacity on a secondary employment job. 5. The Communications Bureau will be notified of the location and hours of each secondary employment job. a. At the beginning of a non-major secondary employment job, sworn employees working secondary employment will notify the dispatcher for the patrol district in which the job occurs of the officer's name, P-number, location and hours of employment. The dispatcher shall then be responsible for entering the off duty officer into CAD with his/her location, and to then transfer the off duty officer to the appropriate Division based on the location. Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 9 of 28 b. Sworn employees will also notify the dispatcher at the conclusion of the job. c. For major secondary employment jobs, the event commander/supervisor or the job coordinator will provide the Communications Supervisor with a job roster. The submission of the job roster to Communications will satisfy this requirement for major secondary employment jobs. H. Any secondary employment job requiring staffing levels that exceed more than four (4) officers will require notification of the Secondary Employment Unit for a determination of staffing levels. This includes jobs with regular job site coordinators. I. Any secondary employment job that requires more than ten (10) officers must have an operational plan. The supervisor in charge of the job is responsible for completing the plan and submitting it to both the division captain where the job is located and the Secondary Employment Unit prior to the job. Operational plans shall include the traffic plan for the job. J. A daily report will be made available by the Department that outlines all Secondary Employment jobs occurring for that day. This report only captures jobs entered into the Secondary Employment System prior to the time the report was run; supervisors should be aware that the most accurate depiction of secondary employment for the day up to that minute would be to log into the Secondary Employment System, or utilize the Xtra Duty tab in the Department’s On Duty Scheduling Software. 1. Process for Random Checks a. The Secondary Employment Unit will provide to each Division on a daily basis a listing of the Secondary Employment jobs to be checked on that day. This listing should include 10 percent of the secondary employment job locations within each respective Division, distributed across all three shifts throughout the day, and all Alcohol Establishment jobs located in each respective Division. Alcohol establishments are in addition to the percentage of jobs to be checked for the day. b. Division Supervisors will be required to check the secondary employment locations within their Division as outlined by the Secondary Employment listing. The zone checking of the secondary employment locations outlined is a minimum requirement and should in no way preclude a supervisor from checking any job at any time. c. It will be the responsibility of the Division Commander to delegate to each shift supervisor the jobs to be checked for that shift, that the jobs are in fact checked, that the necessary action is taken on scene when appropriate and that the necessary information is provided in each zone check to allow for follow up. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 d. 2. 300-007 10 of 28 Division Supervisors are required to check daily establishments that utilize secondary employment officers. all alcohol Responsibilities of the Division Supervisor a. When a Division Supervisor arrives at the location of the check, they shall create a CAD event for a secondary employment zone check. b. The correct address of the location must be entered and any discrepancies in the job as outlined in the Department’s daily report and/or the secondary employment system shall be reported to the Secondary Employment Unit by clearing the zone check as having a Discrepancy, and detailing the correct information in the comments section of the event clearance. c. Supervisors shall address any obvious violations of policy by initiating an investigation in the IACMS System and forwarding the investigation to the involved officer(s) chain of command for non-secondary employment related violations or to the Secondary Employment Sergeant for those violations solely related to the Secondary Employment Policy. Supervisors are also responsible for taking action to remedy any situations observed that merit immediate attention. The fact that an investigation was initiated and any actions taken by the supervisor shall be noted in the comments section when the secondary employment zone check is closed and the event should be closed out as having Discrepancies. d. In situations where potential policy violations are observed and the scope of the investigation is beyond what can immediately be addressed, the event should be cleared as having a Discrepancy. The Supervisor must specify in the comments section of the secondary employment zone check enough information to allow for follow up investigation. e. The Supervisor must verify the number and names of the officers that are visually present against the information in the Department’s daily report. Supervisors should be mindful that changes may have occurred within the Secondary Employment System between the time the job is zone checked and the time the report was run. Supervisors are encouraged to attempt to corroborate any inconsistencies between the information in the secondary employment report with their observations by checking real time information available in the Secondary Employment System or the Department’s Scheduling system whenever possible. f. Any job that is classified as a major secondary employment job with an off duty supervisor will not be included in the daily listing of jobs to be checked sent to each Division, and therefore need not be checked. Charlotte-Mecklenburg Police Department Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 3. 4. 300-007 11 of 28 g. The supervisor shall ensure the officers present are wearing the proper CMPD uniform. h. Based upon the environment observed, the supervisor shall review and ensure the appropriate numbers of officers are working the specific assignment. Recommendations for a change in secondary employment staffing levels should be noted on the comments section of the secondary employment zone check, and the event should be closed out as having a Discrepancy. CAD Event Requirements a. If there are no discrepancies, policy violations, or potential policy violations observed by the supervisor, the secondary employment zone check should be cleared as having no discrepancies. b. If there are any discrepancies observed by the supervisor, the secondary employment zone check event should be cleared as having ‘Discrepancies. The supervisor shall then enter specific comments in the event outlining their observations. The comments entered must be specific enough as to allow for follow up. Daily Report Analysis a. A daily report will be generated based upon the CAD events entered by Division Supervisors. b. The report will list all of the Secondary Employment CAD zone check events by Division separating CAD events with no issue noted and those events where “Discrepancies’ are noted. c. The Secondary Employment Sergeant shall initiate relevant investigations for discrepancies that are violations of policy not already initiated by the supervisor performing the zone check. The Secondary Employment Unit will then forward the investigation to the affected officer(s) chain of command for further investigation in any instance where the potential violations are not solely violations of the Secondary Employment policy, and will investigate those violations and assess corrective action in those instances where violations are solely related to the Secondary Employment Policy. In those situations where policy violations being handled by the Secondary Employment Sergeant exceed his/her ability to complete the investigation in a timely manner due to workload (subject to the concurrence of the Secondary Employment Commander), assistance in the investigation of minor secondary employment policy violations may be referred to the involved officer’s Division with the final determination of the disposition and any corrective action resting with the Secondary Employment Sergeant. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 d. K. VIII. 300-007 12 of 28 Based upon discrepancies noted that are not policy violations, the Secondary Employment Unit will be responsible for ensuring that the discrepancy is remedied. The Internal Affairs Unit shall perform random audits of CMPD officers working secondary employment as part of the random Integrity Checking Protocol. Audits shall include comparisons between the Department’s Scheduling Software and secondary employment hours worked by employees. The purpose of these audits is to ensure compliance with this policy. Any violations of this policy discovered during an audit shall be documented in the IACMS system, and either investigated by Internal Affairs for violations routinely handled by Internal Affairs, forwarded to the affected officer(s) chain of command for further investigation and disposition in instances where the potential violation is not solely regarding the Secondary Employment Policy, or forwarded to the Secondary Employment Sergeant in instances where the perceived violation is solely regarding the Secondary Employment Policy. COMPENSATION FOR SECONDARY EMPLOYMENT A. Sworn employees working secondary employment jobs will be compensated at an hourly rate of pay established by the Department commensurate with current market trends. Employees may not work for a rate of pay less than the established minimum rate of pay. The minimum compensation for any job will be three hours pay at the given rate with the exception of certain traffic jobs which require traffic control for short periods of time. The three-hour rate of pay for those jobs deemed to be too short in duration as to require the three hour minimum may be waived by the Secondary Employment Commander and an exception to the hourly requirement may be permitted. B. Sergeants or command personnel working at their assigned supervisory level on secondary employment jobs will be compensated at a rate commensurate with market trends for that rank when staffing requirements necessitate that a given rank be present. These rates will be evaluated annually. Sergeants or command personnel working as an unspecified Supervisor will be paid the Supervisor rate, which is equivalent to the Sergeant rate of pay. The Sergeant rate of pay will also be evaluated annually. Sergeants or command personnel working secondary employment, but not designated as supervisors for the job, are paid at the same rate as police officers. The police officer rate of pay will be evaluated annually. C. Rates of pay and fees for equipment for secondary employment will be established by the Chief of Police. D. Sworn employees requesting payment from any employer must only seek compensation for those hours actually worked, unless an agreement has been reached between the employee and the employer. Sworn employees will not receive compensation or attempt to receive compensation from any other employee of the Department. Sworn employees who arrange for the secondary employment of another Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 13 of 28 officer will not charge a fee from that employee or attempt to obtain any portion of that employee’s designated pay for this service. IX. E. A sworn employee may accept offered benefits from an employer if those benefits are offered to all employees of that employer. F. Neither the CMPD nor the City of Charlotte can be held responsible for any employer’s failure to pay for secondary employment work by a sworn employee. G. For workers’ compensation issues employees should consult directive 300-005 “Workers Compensation and Defense Against Claims and Judgments”, section I. H. Employees are prohibited from negotiating rates of pay with an employer; any pay for any job that exceeds the established minimum rate of pay must be arranged through an agreement between the secondary employment sergeant and the employer. JOB SITE COORDINATORS A. The job site coordinator will be responsible for the following duties: 1. Maintain an accurate updated schedule in the system. 2. Keep the roster of officers for the job updated in the system. 3. Serve as a liaison between the officers and employer. 4. Update employer information in the system. 5. Ensure staffing for the jobs/shifts. 6. Establish the pool of officers that work the job and ensure staffing is done on an equitable basis. The officers working in a job pool and the rationale for their selection shall be subject to the approval of the secondary employment sergeant. 7. Ensure that the Department’s Secondary Employment Agreement and Application are completed on a yearly basis by the Employer for every job coordinated. 8. Any other reasonable duties assigned by the Secondary Employment sergeant. B. The job site coordinator is not the supervisor of sworn employees being scheduled, but can serve in that capacity if they are of appropriate rank. The job site coordinator shall not negotiate rates of pay with an employer. C. Job site coordinators desiring to dismiss an officer from a job for cause will forward the reasons for the dismissal to the secondary employment unit in writing prior to taking any action. The officer may appeal the decision to the Secondary Employment Commander, whose decision is final. Charlotte-Mecklenburg Police Department Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 X. 300-007 14 of 28 D. Sworn employees request to become job site coordinators will be approved by the secondary employment sergeant after consulting the officer’s division captain. A standing list will be maintained by the Secondary Employment Unit of officers wishing to become job site coordinators for upcoming job site coordinator vacancies. Opportunities to become job site coordinators will be offered in the chronological order of the list as job sites become available; in situations where the filling of a job site coordinator vacancy becomes difficult due to the unique circumstances of the job, the secondary employment sergeant may offer the opportunity to an officer that has worked the job. E. Job site coordinators may coordinate for up to five (5) active employers with a combined maximum of four hundred (400) monthly scheduled hours. If a single employer is routinely scheduled for more than four hundred (400) hours a month then that will be the only employer a job site coordinator may coordinate. A branch or single location for a large employer is considered one employer. F. Job site coordinators may be paid up to three (3) hours pay per week, at the minimum officer rate, for administrative time related to job coordination for an employer. Job site coordinators must enter this administrative time in the secondary employment system on a weekly or monthly basis. The job type must be listed as (Coord Admin Time) when the jobs are created. G. Any deviation from the standard secondary employment rate must be approved by the secondary employment sergeant. H. Job site coordinators must work any job they coordinate at least once a month while the job is active. I. Job site coordinators will not maintain any sensitive personal information on any employee working for the coordinator. J. School resource officers will serve as the job site coordinator for any jobs at their school. The School Resource Sergeant shall have primary responsibility for ensuring compliance with this policy in regards to the job site coordinator responsibilities for school resource officers, however, the Division Commander of the officer shares in this responsibility. K. Coordinators for major venues will be required to complete an SOP that will be submitted to both the division captain where the job is located and the Secondary Employment Unit. The Secondary Employment Commander will determine which employers are considered major venues. L. Police Reserves or Police Hire Backs are not permitted to serve as job site coordinators. APPROVAL OF SECONDARY EMPLOYERS A. No secondary employment is permitted until the employer and the type of employment is approved. Charlotte-Mecklenburg Police Department Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 XI. 300-007 15 of 28 B. All requests for secondary employment of a sworn employee must originate through the secondary employment unit. Employees shall not solicit nor negotiate for new secondary employment. Sworn employees may submit a Request for Approval of Secondary Employment form on behalf of an employer, to the secondary employment unit; however, this does not guarantee that the sworn employee presenting this request will be employed by the employer C. The secondary employment unit will determine which employers require a job site coordinator. An employer may request that a particular sworn full time employee be the job coordinator. Such requests will be taken into consideration, but will not be binding. Certain employers may be required to be coordinated by a supervisor or member of command staff based on the size or nature of the jobs requested by that employer. D. In the absence of the secondary employment sergeant, approval for one-time only employment will be given by the watch commander. E. No job will be considered approved unless the Division in which the specific job is located is noted in the proper field within the Secondary Employment System. It will be the responsibility of the person entering the job to ensure that the proper Patrol Division is delineated without exception. F. It shall be the responsibility of the Secondary Employment Unit to renew all Secondary Employment Agreements and Applications on a yearly basis for ongoing jobs that do not have a job site coordinator. In instances where the job has a job site coordinator, it shall be the responsibility of the job site coordinator to ensure the Agreement and Application is renewed on a yearly basis. The purpose of the yearly renewal will be to maintain accurate contact information for each employer. Once the renewal is received, it will further be the responsibility of the Secondary Employment Unit to ensure all Employer information is continually updated within the Secondary Employment System. Failure on the part of the Employer to respond in a timely manner with the renewed application and agreement or to fail to respond completely and accurately will result in the suspension of the Employer’s ability to hire CMPD officers; failure on the part of the job site coordinator in ensuring the Employer responds in a timely manner with the renewed application and agreement or failure to provide complete and accurate information will result in the removal of the sworn employee as the job site coordinator and/or the suspension of the Employer’s ability to hire CMPD officers. WORK HOURS AND TIME RECORD-KEEPING A. All secondary employment jobs must be entered and assigned to a sworn employee in the Secondary Employment System at least twenty four hours (24) before the job begins. Only the Secondary Employment Unit can enter and/or assign jobs less than twenty four (24) hours before the job begins, with the exception of one time jobs entered by the Watch Commander in exigent situations. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 B. 300-007 16 of 28 A sworn employee may work sixteen (16) hours of secondary employment on a nonduty day, and sixteen (16) hours daily of combined secondary employment and actual duty hours to include city approved overtime, court time or training time outside of the employee’s duty hours. No sworn employee shall exceed a total of seventy-two (72) accumulated hours per week in any combination of actual duty hours, city approved overtime, court time or training time outside of the employee’s duty hours, and secondary employment hours. 1. A day is considered to start at 0000 hours and end at 2359 hours. 2. A week begins at 0000 hours on Saturday and ends at 2359 hours on Friday. 3. During this period, the sworn employee must have a minimum of six (6) consecutive hours in which the employee is not working on-duty or engaging in secondary employment. 4. No sworn employee will be permitted to work secondary employment or enroll in a Secondary job at any time where the employee’s work hours are not accurately depicted in the Department’s Scheduling Software. It is the responsibility of the employee’s immediate supervisor to ensure that an employee’s hours are up to date and accurate in the Department’s Scheduling Software. 5. Any exception to the hourly maximum requirements may be granted by the sworn employee’s Division Commander subject to the concurrence of the Secondary Employment Commander, or the Secondary Employment Commander in instances affecting the Department as a whole. Any exception granted will be done in writing, and it will be the responsibility of the affected employee to denote that an exception has been granted in the job comments section when the employee closes out the job. Unforeseen circumstances may present themselves while an employee is working a secondary employment job that may necessitate an increase in time of the employee’s secondary employment shift. In these instances, the Watch Commander should be notified by the employee or the supervisor of a major secondary employment job and the circumstances causing the increase in time to the job shall be detailed in the comments section when closing out the job. 6. An employee shall not work any secondary employment job if they are not showing scheduled in the secondary employment system by the time the job is scheduled to begin. It is incumbent on all employees working secondary employment to ensure they are in fact showing as scheduled in the secondary employment system prior to working any job; if an employee is not showing as scheduled in the secondary employment system prior to the job is scheduled to begin, the employee shall NOT work the job. In instances where exigencies exist that make it necessary for an employee to find a last minute substitute for a job in lieu of leaving the job unfilled and the substitute is therefore not scheduled, the Secondary Employment Commander should be contacted immediately. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 C. 300-007 17 of 28 7. Any changes made to the Secondary Employment System after the time a job is scheduled to begin shall only be made by the Secondary Employment Sergeant. 8. In circumstances whereby off duty officers may be activated to an on duty status, any conflicts between on and off duty pay will be resolved by the Secondary Employment Commander. Closing Jobs Sworn employees working secondary employment jobs must close the job in the Secondary Employment System by accurately indicating the total hours and minutes that they worked within seven (7) days of completing each job. D. 1. Any significant circumstances or events occurring while working the secondary employment job must be entered as notes in the comments section. 2 If a vehicle was used at a job, the vehicle number must be entered in the narrative when the job is closed. Sick Leave Sworn employees will not work secondary employment while on personal sick leave, sick family leave, funeral leave, workers compensation leave, limited or restricted duty, or while on special assignment due to physical reasons. Sworn employees on personal or family sick leave must return to regular duty status and work one regular duty shift or receive permission from the Secondary Employment Commander. Any sworn employee who calls in Sick Personal or Sick Family to Court or Training will not be eligible to work Secondary Employment until they return to regular duty status and work one regular duty shift. Sworn employees may continue to serve as job site coordinators while on limited or restricted duty, but may not be financially compensated for job site coordination while on limited or restricted duty. E. Sworn employees are prohibited from engaging in secondary employment while on suspension from CMPD. F. Sworn employees are prohibited from performing work for any secondary employer or for self-employment during on-duty hours and traveling time must be allotted. Traveling time will be at minimum fifteen (15) minutes between actual duty hours and any secondary employment or between any secondary employment and another secondary employment job provided that the secondary employment are not at the same physical location. The actual distance between both locations should be considered, and the traveling time calculated and adjusted accordingly. G. Sworn employees are not permitted to work Secondary Employment during any time span whereby the employees on duty shift is split. H. Sworn employees engaged in Secondary Employment shall not overlap their duty hours with their secondary employment hours, nor shall they overlap any Secondary Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 18 of 28 Employment job with another Secondary Employment job. When considering if an overlap occurs between Secondary Employment jobs, scheduled hours will be the basis of comparison, not hours actually worked. All traffic jobs being paid at a negotiated rate outside of the three hour minimum must be scheduled in one hour increments, with a minimum scheduled time of one hour. For jobs being paid the three hour minimum and beyond, the job must be scheduled for a minimum of three hours, with fifteen minute increments utilized thereafter. No sworn employee shall utilize scheduling to in any way circumvent the requirements of this policy. I. XII. All jobs must be set for specific hours in the day; it is not permitted for a job to be worked when it is set up for flexible hours, or unspecified hours in the day. The hours specified in the job must be the hours actually worked. AVAILABILITY OF SECONDARY EMPLOYMENT JOBS A. The secondary employment sergeant will ensure that all jobs are available on an equitable basis. 1. Sworn employees may sign up for available jobs on a first come first served basis in the secondary employment system; employees will be limited to selfassigning themselves to three jobs/shifts in a 24 hour period. In instances where staffing is critical for large scale events, this limitation may be lifted by the Secondary Employment Commander. 2. Sworn employees may be excluded from working certain jobs for cause. 3. Sworn employees will not sign up other sworn employees for job assignments with the exception of job site coordinators signing up officers in their job pool. 4. Sworn employees will sign up for only those jobs they intend to work. B. Employers may request particular sworn employees to work or have a sworn employee serve to recruit other employees for their jobs. However, no employer may discriminate with regard to race, sex, religion or ethnic origin in hiring employees to work secondary employment. An employer’s desire to have a particular officer work does not guarantee that the officer will in fact work that employment. C. A sworn employee scheduled to work a secondary employment job must promptly confirm that job assignment with the employer when specified. D. Employees scheduled for a Secondary Employment job may utilize the transfer feature in the Secondary Employment System to transfer their job; however, the job must be transferred to the entire job pool for coordinated jobs or to the Department as a whole. Jobs shall not be transferred from one sworn employee to another sworn employee. All jobs not accepted for transfer shall be considered assigned to the originating employee and the transfer feature shall not be utilized after the job is scheduled to begin. Charlotte-Mecklenburg Police Department Interactive Directives Guide Secondary Employment Effective Date: 05/01/2014 E. 300-007 19 of 28 A sworn employee who accepts a secondary employment job will report for duty at the time and place assigned with all necessary equipment required by CMPD guidelines for that particular job. Any sworn employee who is unable to report for a secondary employment job must contact the job site coordinator or the Secondary Employment Office during business hours, and the watch commander after hours and on weekends, prior to the start of the job. XIII. 1. Sworn employees may self-cancel their assignment to a secondary employment job up to five days (one hundred and twenty hours) prior to the start of the assignment. At the discretion of the Job Coordinator, some jobs may have a longer self-cancellation period. A sworn employee may be excused from their assignment to a job less than the set cancellation period prior to the assignment by finding a substitute and advising the job site coordinator or the secondary employment sergeant of the replacement up to the time the job is scheduled to begin, except in emergency situations as outlined in this policy. 2. Absences inside the cancellation period will only be excused for personal or family illness and family emergencies. 3. Changes in on-duty schedules, court, training or other departmental duty assignments will take precedent over any secondary employment. Sworn employees should cancel a conflicting secondary employment job as soon as they are notified of the on-duty conflict. 4. Employees are required to work the scheduled hours assigned in the secondary employment system. Any officer unable to complete the designated hours of employment must contact the job site coordinator or the Secondary Employment Office during business hours or the watch commander after hours and on weekends, prior to leaving the employer’s work site. CORRECTIVE ACTION A. All violations of any provision of the Secondary Employment Policy without exception shall be documented in the IACMS system, and those violations solely of the Secondary Employment policy will be forwarded to the Secondary Employment Sergeant for further investigation and disposition. In instances where a Secondary Employment Policy violation is combined with a violation of another policy or regulation, the investigation will be forwarded to the affected sworn employee’s Chain of Command for further investigation and disposition. In those situations where policy violations being handled by the Secondary Employment Sergeant exceed his/her ability to complete the investigation in a timely manner due to workload (subject to the concurrence of the Secondary Employment Commander), assistance in the investigation of minor secondary employment policy violations may be referred to the involved officer’s Division with the final determination of the Disposition and any corrective action resting with the Secondary Employment Sergeant. Charlotte-Mecklenburg Police Department Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 B. XIV. 300-007 20 of 28 Upon the adjudication of any rules violation involving secondary employment in combination with any other policy violation(s), the ruling body shall consider whether an employee’s permit to engage in secondary employment should be suspended in conjunction with any other corrective action considered. REFERENCES 300-003 Reporting Employee Attendance 300-004 Sick Leave Policy 300-005 Workers’ Compensation 400-001 Uniforms 400-003 Equipment City Code 14-9 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 21 of 28 RULES GOVERNING OFF-DUTY TRAFFIC CONTROL ON PUBLIC STREETS 1. Officers seeking secondary employment at a firm or establishment that requires traffic control on public streets will advise the prospective employer to notify the secondary employment sergeant in writing. The employer must: a. If the job will be within the City Limits of Charlotte, obtain a valid traffic direction permit from the City of Charlotte Department of Transportation as required by City Code 149. A copy must be provided to the sergeant. b. Advise the secondary employment sergeant of the intent to employ secondary employment officers and identify the specific need for police services. c. State the duties to be performed, the hours of employment and the salary to be paid to the officers. d. No traffic control secondary employment may begin prior to the employer and conditions of employment being approved by the Department. 2. All requests for secondary employment traffic direction will be forwarded to the Secondary Employment Commander or secondary employment sergeant for approval. If approved, the Secondary Employment Sergeant will determine the number of officers required at each location. 3. Officers will not act to enforce any rule, regulation or policy of the firm or establishment that are not otherwise violations of the law. Officers will act only to enforce the law and preserve public safety. 4. Officers will not impede the normal flow of vehicular traffic during peak travel hours, except in instances where a valid Parade, Festival, or Right of Way Use Permit is issued by the City Department of Transportation (CDOT); although a valid permit may be issued by CDOT as described above, the Special Events Commander will make an independent assessment that the use of CMPD officers is in the best interest of the public and CMPD. Peak travel hours are 0700-0830, 1100-1300 and 1630-1830 on Monday through Friday. As a rule, traffic direction should coincide with the nearest traffic control signals. Officers will serve the interests of all motorists in a fair and equitable manner without special regard to those entering or leaving the employer's business. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 22 of 28 RULES GOVERNING ALCOHOL ESTABLISHMENTS 1. 2. Officers desiring to engage in secondary employment at alcohol establishments will advise the prospective employer to contact the secondary employment sergeant. Employment will not be authorized until the employer and conditions of employment are approved by the secondary employment sergeant Duty Guidelines for officers working at approved alcohol establishment parking locations: a. Officers must confine their duties to those of a law enforcement nature. b. Officers shall limit their duties and responsibilities to the exterior of the alcohol establishment unless they develop reasonable suspicion that criminal activity is occurring, has occurred, or is likely to occur inside the alcohol establishment and this information necessitates immediate action. c. When responding to situations where enforcement action is anticipated, officers will notify the Communications Division and furnish the location and nature of the situation and request assistance from on-duty officers if needed. d. Officers will ensure that all alleged crimes are documented in a KBCOPS report, regardless of the desire of the victim to prosecute the matter. It will then be the responsibility of the job site coordinator to maintain a cumulative log of all such reports as well as the documentation of any enforcement activities that occur relative to this employment. This log will be made available to the secondary employment sergeant upon request. e. Officers will originate the appropriate call for service through the Communications Division in any instance where entry is made for law enforcement purposes into the interior of an alcohol establishment itself. Officers shall articulate in the appropriate clearance paperwork the purposes for entry and any action taken. This information will be forwarded to the job site coordinator for maintenance in the location log. f. Officers shall enforce any observed ABC violations and copies of any enforcement action will be forwarded to both the division ABC liaison officer and the job site coordinator for maintenance in the location log. g. Failure to abide by the restrictions in this Attachment will result in both the revocation of the employer work permit and corrective action to the officer(s). Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 23 of 28 RULES REGARDING NEIGHBORHOOD AND/OR APARTMENT COMPLEX PATROLS 1. Officers working secondary employment when employed by a neighborhood or an apartment complex to conduct neighborhood/apartment complex patrols will confine their actions to violations of law only. Officers shall not take any action for violations of neighborhood rules, neighborhood association rules, or apartment complex rules not regulated by criminal law or City Ordinance. 2. Although neighborhood and/or apartment complex patrols may have a job coordinator, the activities of officers working these secondary employment jobs are governed by the Response Area Lieutenant that oversees the neighborhood/apartment complex in question, with the job site coordinator having the ultimate responsibility of keeping the Lieutenant informed of pertinent Secondary Employment information. 3. a. All patrol hours shall be approved by the Response Area Lieutenant; patrol hours will be set in advance, and not flexible, and will be dictated by prevailing crime trends for the area as agreed upon in advance by the job site coordinator and the Response Area Lieutenant. b. All activities by the officers will be directed by the Response Area Lieutenant based upon prevailing crime trends and/or neighborhood issues, although the Lieutenant may take a neighborhood preference into consideration. The Response Area Lieutenant will dictate in all instances the priorities of the off duty officers working neighborhood/apartment complex patrols. c. All enforcement activities, to include suspicious person contacts, will be forwarded to the Response Area Lieutenant in a written email, copying the job site coordinator, before the end of the Secondary Employment shift. Sufficient information will be contained in the email as to allow for follow up. All enforcement activities and citizen contacts without exception will be documented in CAD as events. This includes traffic stops, zone checks, etc. d. For cause, the Response Area Lieutenant may remove any off duty officer, to include the job site coordinator, from the secondary employment job pool. e. Neighborhood or Apartment Complex patrols shall be conducted by uniformed officers in marked CMPD vehicles. f. Off duty officers working neighborhood or apartment complex patrols shall not at any time make any record check through any Federal, State, Local, or Departmental database of any person, property, or vehicle unless the check is designed to uncover a violation of law. Off duty officers working neighborhood/apartment complex patrols will monitor the radio channel for the specific neighborhood/apartment complex at all times. In any instance where the off duty officer monitors a crime in progress outside the confines of the neighborhood/apartment complex but within close proximity to their location, the off duty officer will be expected to notify the dispatcher of their location and their intent to respond to assist on duty units. The off duty officer will then respond to the crime in Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 24 of 28 progress until relieved by on duty officers. Any questions regarding time (on duty versus off duty) will be resolved by the Secondary Employment Commander. 4. It shall be the responsibility of the job site coordinator to keep all off duty officers working secondary employment in their respective neighborhood informed regarding any information relayed to them by the Response Area Lieutenant. In instances where no secondary employment job site coordinator exists and Secondary Employment posts the jobs, it will be the responsibility of Secondary Employment Unit to keep off duty officers of any information relayed to them by the Response Area Lieutenant. 5. The Response Area Lieutenant and the Division Captain will immediately be notified by the Secondary Employment Unit upon approval of any neighborhood/apartment complex secondary employment patrol job, and if relevant, the job site coordinator. Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 25 of 28 SECONDARY EMPLOYMENT AGREEMENT A. NOTICE TO EMPLOYERS Off-duty officers are subject to Charlotte-Mecklenburg Police Department policies. An employer has no authority over police personnel and is restricted to providing only a general assignment of duties to be performed by the officer. Officers must confine their duties to those of a law enforcement nature; officers cannot enforce the rules and regulations of the employer that are not otherwise a violation of law. Officers do not have the same authority over private property that the employer or the employer’s other employees have. The officer’s actions are limited ONLY to any breach of the peace or violation of law. Officers will not regulate entry into a facility or venue; officers will not check identification and/or entry tickets, operate metal detectors or perform searches of people coming into a business or event, question persons about the validity of their presence within a business or venue, or ask persons to leave a business or venue without an employee being present that has already asked the person to leave. Officers will not make ANY record check of any individual unless that record check is designed to uncover a violation of law. Officers will not initiate or otherwise authorize the towing of any vehicle from private property unless that vehicle is perceived to be more likely than not stolen. Employers are responsible for maintaining records of each officer’s hours and shall make those records available for review by CMPD representatives during business hours. CMPD representatives will make periodic inspections of secondary employment jobs. If any job is discovered to be using officers for duties not of a law enforcement nature, the permit for that job will be suspended immediately and officers will no longer be able to be employed by that employer. *Any deviation from the restrictions imposed above must be outlined in writing and formally approved in writing by the Secondary Employment Commander.* B. RATE SCHEDULE Rank Officer / Security Officer / Traffic Sergeant/Staff Sergeant Lieutenant Captain Major Minimum Rate* $29.00 / hour $31.00 / hour $38.00 / hour $42.00 / hour $46.00 / hour $51.00/hour Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 26 of 28 CMPD reviews the rate annually, and the rate is based upon the average officer salary per rank. CMPD reserves the right to change any rates at any time; however, every effort will be made to ensure that CMPD gives employers advance notice of any rate change. *Employers may compensate officers at the minimum rate or higher at the employers discretion. CMPD officers cannot negotiate rates with an employer; any rate paid to any officer that exceeds the minimum rate must be approved by the Secondary Employment Unit. Holiday Rates equal to one and a half the minimum secondary employment rate per rank will take affect for those jobs/events associated with a Charlotte Department of Transportation Permit on certain holidays. The holidays in question are:        New Year’s Day Memorial Day Independence Day Thanksgiving Day Christmas Eve Christmas Day New Year’s Eve HOLIDAY RATE SCHEDULE Rank Minimum Rate* Officer/Security Officer/Traffic Sergeant/Supervisor Lieutenant Captain Major/Event Commander C. $43.50/hour $46.50/hour $57.00/hour $63.00/hour $69.00/hour $76.50/hour COMPENSATION The officer(s) work for the employer as a sub-contractor. The employer is responsible for paying the officers directly. The employer must specify in the application the procedure that the officer (s) should follow to receive payment, including any tax forms that must be completed. D. MARKED POLICE VEHICLE Employers may request that the officer bring a marked police vehicle for the job. The Secondary Employment sergeant will determine if the use of a police vehicle is appropriate for the job. There is no extra charge for the use of a police vehicle if it is approved. Even if a job is approved for a marked police vehicle it cannot be guaranteed that one will be available for use in an off duty job. E. STAFFING REQUIRMENTS Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-007 Secondary Employment Effective Date: 05/01/2014 27 of 28 The Secondary Employment Unit, along with the police personnel that command the Division in which the job is located, will review each application to determine the correct staffing levels; staffing levels are based upon a variety of factors, to include, but not limited to, the following: estimated attendance, the sale and/or consumption of alcoholic beverages on the premises, previous event history, physical layout of the site, traffic and/or parking issues, and general crime trends in the vicinity. Jobs that require more than (4) officers will require a supervisor. Additional supervisors may be required for certain large jobs. A supervisor may be required for certain jobs regardless of the number of officers required for the job. Larger venues may require the employment of Police Lieutenant(s), Police Captain(s) and/or a Police Major. In cases where the employer underestimates the attendance of an event, a supervisor may call in additional on-duty officers for the event. The employer may be billed for the on-duty officers at a rate of $38.00 / hour, the average on duty police officer cost per hour. This rate will be reviewed on an annual basis. F. CANCELLATION PROCEDURES Cancellations by the employer must be made at least 24 hours before the assignment begins. If the Secondary Employment sergeant receives less than 24 hours notice from the employer, and is unable to contact officers working the job, the employer will be required to pay the officers assigned to the job for three hours of pay at the minimum rate. During business hours (Monday – Friday 8am – 4pm) contact the Secondary Employment Office at 704-336-3229 or 704-336-2335. You may also notify us by email at sea@cmpd.org. After business hours and on weekends contact the Watch Commanders office at 704-3362141. It is the responsibility of the employer to notify the Secondary Employment Office if the business or organization will be closed for a holiday or for any other purpose when off-duty officers are normally scheduled. If the employer fails to notify the Secondary Employment Office that officers are not needed that day, the three-hour minimum charge will apply. G. FILLING ASSIGNMENTS Secondary employment is voluntary and done on an officer’s time off from the department. Therefore, it can never be guaranteed that an off-duty assignment will be filled. The employer may request that a particular officer or officer(s) staff a job; however, whether this officer or officer(s) actually are employed at this job is at the discretion of the CMPD. When an employer asks to hire a CMPD officer, it is understood that ANY officer may in fact work the job. Under extraordinary circumstances, off-duty officers may be activated to an on-duty status and pulled away from their off-duty assignments. The priority of CMPD officers is their full time assignment within the Police Department and any obligations, such as call-back or court, which come with their CMPD assignment. Charlotte-Mecklenburg Police Department 300-007 Secondary Employment Interactive Directives Guide Effective Date: 05/01/2014 H. 28 of 28 OFFICER NOT REPORTING FOR OFF-DUTY JOB If an officer is scheduled to work and did not report, the employer should notify the Secondary Employment Office at 704-336-3229 or 704-336-2335. After business hours or on weekends notify the Watch Commanders office at 704-336-2141. You may also notify us by e-mail at sea@cmpd.org. I. SCHEDULED HOURS CHANGED The Secondary Employment Sergeant will try to accommodate schedule change requests if made more than 24 hours prior to the time of the event /job. J. MINIMUM HOURS FOR ASSIGNMENT Officers will be compensated at the agreed upon rate for a minimum of (3) hours, even if the assignment is less than (3) hours. K. PROCEDURES FOR SECONDARY EMPLOYMENT APPLICATION 1. Assistance for applications can be provided by calling the secondary employment office at (704) 336-3229, or by email at sea@cmpd.org 2. Applications will be accepted by fax, mail, or e-mail. 3. Applications must be submitted no less than (5) days prior to the job. The employer cannot retain the services of off duty CMPD officers until such time as this agreement is acknowledged by signature and the signed form is received by the Secondary Employment Unit. Once the agreement has been received by the Secondary Employment Unit, the employer will be notified as to when a Secondary Employment application can be submitted. Both forms can be obtained at www.charmeck.org. Please complete and sign the secondary employment agreement. Agreements are accepted by mail, fax, email, or in person (Mon-Fri 8:00AM-4:00PM) Fax: 704-336-6892 Email:sea@cmpd.org Mail: CMPD / Secondary Employment Unit 601 E Trade St. Charlotte, NC 28202 Employer Signature____________________________________________ Date_________________________________________________________ For Office Use Only: Secondary Employment Sergeant ________________________________ Disposition___________________________________________________ Date Notified__________________________________________________ Charlotte-Mecklenburg Police Department Personnel Records Interactive Directives Guide Effective Date 09/29/2014 I. 300-008 1 of 2 PURPOSE To establish a procedure for the administration of employee records. II. PROCEDURE A. B. Employees will notify the Human Resources Division of any change in address or telephone number by the end of the next business day following any such change. Employees will notify the Human Resources Division of changes to family or beneficiary status as soon as possible. 1. Employees will enter any change of address, telephone numbers, marital status or emergency information into the CMPD Personnel Information System. 2. The Human Resources Division will enter the changes in the City of Charlotte Human Resources Management System (All changes will take effect in three (3) to five (5) business days). 3. The CMPD Personnel Information System will include an employee’s emergency contact and special skill(s) (i.e. SWAT, Spanish, etc.) information. 4. Any employee receiving an inquiry concerning a telephone number should assist the caller in contacting the employee “on duty”. In no case will an employee's personal telephone number be given to any person who is not an employee of the CMPD. An employee may attempt to contact an “off duty” officer in emergency situations, when necessary. Review of Personnel Files 1. Any employee interested in reviewing his or her own personnel file can review their personnel file by appointment in the Human Resources section during normal business hours (Monday-Friday 8:00 a.m.-5:00 p.m.). 2. Additional personnel who are authorized to review an employee's personnel file include the following: 3. a. The employee's immediate supervisor; b. Police Attorney; c. Internal Affairs Personnel; d. Employee's Division, Unit, and Bureau Commanders. Any employee who is reviewing a personnel file will sign the Employee Personnel Folder sign out log which is maintained by the Human Resources Division Manager. The Employee Personnel Folder Sign-Out Log will remain confidential. Only the Human Resources Division Manager and his or her superiors are authorized to review the Employee Personnel Folder Sign-Out Log. Charlotte-Mecklenburg Police Department Personnel Records Interactive Directives Guide Effective Date 09/29/2014 C. 2 of 2 4. Personnel files may be removed from the Human Resources Division only at the direction of a court order or by the written authority of the Chief of Police. 5. Human Resources Division employees must remain present while a file is being reviewed. 6. Whenever the department or employee is subject to litigation, a copy of the personnel file, upon request, will be delivered to the Police Attorney’s Office. 7. Information from the personnel file shall only be revealed pursuant to North Carolina General Statute 160A-168 Changes in Personnel File Entries 1. All entries included in the personnel file will remain as a permanent part of the employee's record. 2. If it becomes necessary to delete or modify an entry, the following procedure will apply: 3. III. 300-008 a. The Human Resources Division must receive written orders from the Chief of Police explaining what action is necessary. b. Human Resources Division employees will affect the change by adding another entry. Previous entries will not be destroyed or defaced. The contents contained in the personnel jacket will not be changed, altered in any fashion, or removed from the employee's jacket without adhering to this procedure. REFERENCE N.C.G.S. 160A-168 Charlotte-Mecklenburg Police Department Employee Drug and Alcohol Testing Interactive Directives Guide Effective Date 01/30/2015 I. 300-009 1 of 8 PURPOSE To establish a policy concerning the inappropriate use of drugs, alcohol and controlled substances by employees, volunteers, or applicants, and to explain the Department's drug testing procedures. II. POLICY The protection of citizens, as well as its employees, is of prime concern to the CharlotteMecklenburg Police Department (CMPD). CMPD recognizes that substance abuse can have an adverse impact on the general public, City government, and CMPD operations, and can adversely affect the image and general health, welfare, and safety of CMPD employees. To maintain the public's confidence and trust in CMPD and its employees, as well as to protect the safety of the public and CMPD employees, all employees must remain free from any physical and/or mental impairment. The unlawful use of any drug or controlled substance is prohibited, and may result in denial of employment, termination, or other disciplinary action. Substance abuse cannot be tolerated and CMPD shall have the right and authority to require employees to submit to substance analysis. III. PROCEDURE A. To ensure that CMPD employees remain free from unlawful drugs and alcohol impairment and use while on duty, CMPD will conduct drug testing through urinalysis and alcohol testing through chemical analysis for impairing substance. This does not preclude other appropriate drug testing methods in a particular case, where cause exists. B. A Breath Alcohol Test is an analysis of the breath to check for the presence of alcohol in the body administered by a Chemical Analyst. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Chemical analysis that produces a Blood Alcohol Content (BAC) reading of more than .00 can result in termination, or other disciplinary action. C. CMPD can require drug and alcohol testing under any of the following circumstances: D. 1. Pre-Placement/Employment 2. Reasonable Suspicion 3. Random selection 4. Post-accident/ Critical Incident 5. Return to duty The collection of urine, blood, and breath samples will occur at a City designated drug and alcohol collection site. 1. The selected drug testing agency will follow the National Institute on Drug Abuse (NIDA) standards governing the collection and chain of custody of urine samples. Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Drug and Alcohol Testing Effective Date 01/30/2015 2. 300-009 2 of 8 The selected breath testing site will conduct a breath test administered by a chemical analyst. E. The analysis of urine samples will be performed by a private laboratory certified by NIDA. The drug testing procedure will be performed at the lab, and will consist of an enzyme immunoassay preliminary test. If the preliminary test is positive, a confirmatory test, gas chromatography/mass spectrometry (GC/MS), will be performed. F. Urinalysis drug testing will screen for the following classes of drugs at NIDA specified or industry accepted cutoff levels: 1. Amphetamines 2. Barbiturates 3. Benzodiazepines 4. Cocaine 5. Methaqualone 6. Opiates 7. Phencyclidine 8. Propoxyphene 9. Cannabinoids 10. Methylenedioxy Methamphetamine (MDMA) 11. Methamphetamine G. The results of any drug test administered under this policy will not be used as evidence in a criminal prosecution. The test results will be used in considering suitability for employment or fitness for duty. H. Deliberate obstruction or substitution of a urine sample for the purpose of defeating a drug test will result in denial of employment, termination, or other disciplinary action. I. Once a CMPD employee has been designated for drug screening, he/she is not eligible to participate in the Employee Assistance Program (EAP) in connection with, or because of, any illegal drug or substance, including dependency or addiction to any illegal drug or other illegal substance. Prior to being selected, any CMPD employee is eligible to participate in the EAP. J. Failure to participate in any procedure required by this policy will result in denial of employment, termination, or other disciplinary action. K. Medical Review Officer (MRO) Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Drug and Alcohol Testing Effective Date 01/30/2015 1. 2. L. M. 300-009 3 of 8 All positive drug test results will be reviewed by a MRO. The MRO determines if the result was caused by a legally used medication. The MRO may review any relevant medical histories or records of the applicant or employee prior to making a decision. The MRO will also conduct a medical interview with the applicant or employee. There is no MRO review of alcohol tests. a. Based on appropriate dates or facts, the MRO may deem a positive result to be scientifically insufficient for further action and declare the results to be negative. b. Any positive test result not satisfactorily explained to the MRO is considered a positive test. c. Should questions arise from the MRO concerning the legitimacy of a positive result, the MRO may cancel the results of the original specimen or request collection and testing of a new specimen. If the test is positive, the MRO will contact the donor immediately prior to issuing the results. Failure of the employee to contact the MRO within five (5) business days will result in the MRO issuing results as “positive without review.” Employee Responsibility 1. Abide by this policy as a condition of employment. 2. Comply with all applicable laws regulating the manufacture, distribution, dispensing, use or possession of illegal drugs, alcohol, or prescription drugs. 3. Ensure that their ability to perform their job duties are not negatively affected due to the use of drugs or alcohol when scheduled to report to work or when on "on call" status. 4. Advise their supervisor that they are unable to perform their duties or that they have consumed alcohol within the last four hours prior to reporting for duty, should they be requested to report to work for a safety sensitive job earlier than their normal or previously assigned time. If the employee had received prior notice that he or she is on call, the employee may be subject to disciplinary action regarding their inability to report for duty as determined by his or her chain of command. 5. Submit immediately to a drug or alcohol test when requested by their supervisor. Record Keeping and Reporting 1. All information concerning an applicant's or employee's participation in drug testing procedures will be considered part of the individual's personnel records and subject to the nondisclosure provision of G.S. 160A-168. Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Drug and Alcohol Testing Effective Date 01/30/2015 2. N. O. P. 300-009 4 of 8 Pursuant to state law, for all sworn personnel, CMPD will report to the Criminal Justice Standards Division of the North Carolina CMPD of Justice any refusal to be tested or any reported positive results on a drug test administered to any applicant or lateral transferee seeking employment as a CMPD Officer. Any positive result on a drug test administered to any currently certified police officer employed by CMPD will also be reported to the State. This may result in the suspension, revocation, or denial of the individual's state law enforcement certificate by the State Criminal Justice Standards Commission. Procedures for Pre-Employment and Lateral Transfer Drug Testing (Sworn Positions) 1. All applicants for employment in sworn positions, to include lateral transfers to sworn positions, Hirebacks, and Police Reserve appointments in CMPD will submit to pre-employment drug testing procedures. 2. Each applicant will be tested no more than thirty (30) days prior to employment. These drug testing procedures will require the applicant to complete a Consent Form and a Drug Screening Questionnaire prior to the testing. The collection of the urine sample will be in accordance with NIDA standards, and will occur at a drug collection agency selected by the City of Charlotte. 3. All applicants for employment in a sworn position, lateral transfer to a sworn position, Hirebacks, and Police Reserve appointments in CMPD must test negative on the pre-employment drug test. A positive result or refusal to submit to testing will eliminate the applicant from further consideration for employment. 4. Any applicant seeking a sworn position, including Hirebacks or Reserve Officer positions, who test positive or refuses to submit to drug testing will not be eligible for employment with CMPD. The Recruitment Section of the Training Bureau will verify with the State Standards Commission of the certification status of each applicant. Procedures for Pre-Employment Drug Testing (Civilian Positions) 1. All applicants seeking employment in civilian positions in CMPD, and applicants for internships, volunteer positions, and other non-paid positions will submit to pre-employment drug testing procedures and must have a negative result. 2. Any applicant that refuses to submit to drug testing will not be eligible for employment with CMPD. Procedures for In-Service Drug and Alcohol Testing 1. When there is a reasonable basis for suspecting that an employee may have recently engaged in the unlawful use of any alcohol, drug, or controlled substance, CMPD can require that employee to submit to drug and alcohol testing procedures in order to confirm or dispel the suspicion. 2. Failure to follow or cooperate with drug and alcohol testing procedures as stated in the policy will be treated as a refusal to comply with a direct order. Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Drug and Alcohol Testing Effective Date 01/30/2015 3. 300-009 5 of 8 The supervisor will determine when sufficient cause exists based upon the City’s Reasonable Suspicion Checklist to order an employee to submit to drug and/or alcohol testing. The Internal Affairs Bureau will be responsible for conducting administrative investigations regarding allegations of illegal drug use or substance abuse by CMPD employees. 4. When reasonable suspicion exists that a CMPD employee may have engaged in illegal drug use or substance abuse, the following procedures apply. a. The supervisor should complete and provide a copy of the Reasonable Suspicion Checklist (RSC) located on the CMPD Portal Page, to the Internal Affairs Bureau and the Human Resources Division. b. At the time the supervisor determines reasonable suspicion, the employee shall remain in the sight of the supervisor at all times prior to testing. c. The supervisor along with Internal Affairs personnel will accompany the employee to the test location. Internal Affairs will ensure the necessary paperwork is available for testing. d. The supervisor will complete the City of Charlotte Appointment Form and Authorization for Drug and Alcohol Test. This form should be completed in triplicate and routed to the appropriate locations. e. The Forensic Drug Testing Custody and Control Form must also accompany the donor but not completed. This form will be completed by the collection agent who collects the sample and process it for analysis. f. Because this is a “reasonable suspicion” test, the employee will be given a direct order to submit to the testing. g. Two (2) supervisors of the same gender as the employee will be selected by the Internal Affairs Bureau and will accompany the employee to the collection site. Collection of the urine sample will be in accordance with NIDA standards, except that the employee will enter the collection site and provide a urine specimen while under direct observation of both the selected supervisors. Direct observation will only be by persons of the same gender as the employee. h. If the employee claims to be unable to provide a specimen, the employee will remain at or near the designated collection site until the specimen is provided or three (3) hours has passed, whichever occurs first. Failure to provide a urine specimen of at least sixty (60) ml. within three (3) hours will be considered a refusal to comply with a direct order. i. After the testing is completed, the employee will be made available to Internal Affairs Bureau. Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Drug and Alcohol Testing Effective Date 01/30/2015 Q. 300-009 6 of 8 5. Analysis results will be reported directly to the Chief of Police or appropriate designee. All positive test results will be reported to the Criminal Justice Standards Commission. 6. CMPD policy forbids employees from consuming alcohol while on duty, (except in the performance of duty), or appearing for duty while intoxicated or with alcohol on their breath. If reasonable suspicion exists that an employee has violated CMPD's policy regarding the use of alcohol, the employee's supervisor can order the employee to submit to a reasonable suspicion test. Random In-Service Drug/Alcohol Testing 1. All sworn personnel and any civilian personnel who have access to or may be involved in handling of illicit drugs or operation of a vehicle in the course of their duties are subject to random selection for a drug or alcohol test. 2. The provision of certain police services is critical to the safety of officers as well as the public. Any employee who is employed as a telecommunicator is subject to being randomly selected for drug and alcohol testing. In addition, any employee who transports participants in Police Activities League (PAL) activities is subject to random drug and alcohol testing. 3. Failure to submit to a random drug or alcohol test when requested will be treated as a refusal to comply with a direct order and will result in a recommendation of termination or a recommendation of termination to the Civil Service Board for sworn personnel. Failure to provide a urine specimen of at least sixty (60) ml. within three hours will be considered a refusal to comply with a direct order. 4. Random selection will be accomplished through the use of a computer program. 5. The following procedures will apply to random drug or alcohol testing of eligible employees. a. The Human Resources Division Manager will be notified on a periodic basis of the employees randomly selected to take a drug or alcohol test. b. On the first business day an employee works after selection, the employee's supervisor will be notified of the employee's selection. c. The employee's supervisor or other appropriate supervisor will transport the selected employee to the drug or alcohol testing agency as soon as possible during the employee's tour of duty. d. Sample collection(s) of urine or breath will be done in accordance with NIDA standards. e. The urine or breath sample collection will occur on the day of notification, except when extraordinary circumstances intervene. Employees on vacation leave, sick leave, or other approved temporary Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-009 Employee Drug and Alcohol Testing Effective Date 01/30/2015 7 of 8 absence will be tested upon their return to active duty. Employees on extended sick leave, leave of absence, or educational leave who are not expected to return to work within fifteen (15) calendar days will not be tested upon their return to duty. In cases of extended leave, a different employee will be randomly selected to be tested. R. f. The employee will be directed to obtain, as soon as practicable after the attempted provision of breath, an evaluation from a licensed physician acceptable to the City addressing the employee's medical ability to provide the adequate amount of breath. If there is no medical reason for the employee's inability to provide the breath, the employee will be considered to have refused to submit to the alcohol test and will be terminated. g. Test results will be sent the Human Resources Manager. All test positive results will be issued by an MRO. h. Employees will be notified of their test results in an appropriate fashion and on a timely basis. 6. Collection of an employee's urine sample will occur while the employee is on duty whenever possible. Employees providing a urine sample during non-duty hours will be appropriately compensated. 7. Employees who test positive for illicit drugs have the right to request of the MRO to have the Sample B tested by a second NIDA approved laboratory at the employee's expense. 8. The Internal Affairs Bureau will investigate any drug tests that are confirmed positive after review by an MRO and all positive alcohol tests. A positive drug test will result in immediate suspension and recommendation of termination. A recommendation of termination to the Civil Service Board will be made for sworn personnel. A positive alcohol test will result in discipline action up to and including termination. Post-Accident/ Critical Incident Drug / Alcohol Testing 1. Employees involved in a vehicular accident, non-vehicular accident, or a critical incident may be required to take a drug and/or alcohol test. All accidents should be documented using the Post Accident Testing Checklist. a. The drug and alcohol test is required when the following vehicular conditions exist: 1) The crash involves a fatality, or 2) The city driver receives a moving traffic violation arising from the accident, or 3) Any involved vehicle requires towing from the scene, or Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-009 Employee Drug and Alcohol Testing Effective Date 01/30/2015 b. IV. 8 of 8 4) Any person involved requires medical treatment away from the scene of the accident, or 5) The City cannot completely discount the employee’s conduct as a contributing factor to the accident. The drug and alcohol test is required when the following non-vehicular conditions exist: 1) The incident involves a fatality of any kind; 2) The employee or officer requires medical attention beyond first aid; 3) Any line of duty discharge of a firearm by an officer; 4) Other critical incidents as directed by the Chief of Police. 2. A Post Accident/Incident drug test shall be administered within 32 hours following the accident or incident. If the drug test is not administered within 32 hours, the supervisor shall cease attempts to administer a drug test and must document the reason(s) for not administering the test. 3. A Post Accident/Incident alcohol test should be administered within two (2) hours following the accident or incident. If the test is not administered within, two (2) hours the supervisor must document the reason(s) the alcohol test was not administered promptly. 4. In the event an alcohol test is not conducted within eight (8) hours the supervisor must cease attempts to administer the test and must document the reason(s) for not administering the test. The employee will not be allowed to remain on duty and may not return to work for 24 hours following the accident. 5. Employees involved in an accident which requires an alcohol test shall not consume any alcohol for eight (8) hours following the accident or until a PostAccident/ Incident Alcohol Test is performed, whichever comes first. 6. No employee may refuse to submit to a drug and/or alcohol test required by the policy. Employee shall remain ready and available when a post-accident is required. 7. Failure to remain ready and available will be considered as a “refusal to submit” to testing. REFERENCE G.S. 160-A-168 CMPD Rules of Conduct 6, 17 and 18 200-001 Discipline, Internal Investigations and Employee Rights 300-005 Workers Compensation and Defense Against Claims and Judgments City of Charlotte HR4 Maintenance of a Drug and Alcohol-Free Workplace CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Administrative Leave Policy Effective Date 11/8/2013 I. 300-010 1 of 5 PURPOSE To inform employees of the Department’s policy and procedures for employees placed on Administrative Leave status. II. POLICY It is the policy of CMPD to place employees on Administrative Leave status under certain circumstances when necessary for the protection of the employee or protection of the Department and until such time that the circumstances have been resolved or otherwise adjudicated. When placed on Administrative Leave status, the police authority for sworn employees is revoked until such time as the employee returns to full duty and the police authority is restored. The decision to place an employee on any type of Administrative Leave status rests with the Chief of Police or the Internal Affairs Commander. III. IV. DEFINITIONS A. Administrative Leave with pay: Employee has been removed from performance of all duties with no loss of salary and will be available by phone to their chain of command and Internal Affairs Monday-Friday 0800-1700. B. Administrative Assignment: Employee has been removed from performance of all police duties with no loss of salary. Employee is assigned to perform non-police authority related clerical or other tasks within the department which limit public contact. C. Administrative Leave without pay: Employee has been removed from performance of all police duties with loss of all salary. Employee will have no agency contact other than those required to resolve or adjudicate the matter resulting in this status. D. Suspension without pay pending termination: Employee has been cited for termination and is pending Civil Service review. All police authority is revoked indefinitely. E. Suspension without pay: Employee is serving a finite period of time without pay for disciplinary purposes. All police authority is temporarily revoked for that period of time. F. Fitness Review: Administrative assignment period during which time an employee will be evaluated as to their mental, physical and emotional ability to perform essential functions of their position. PROCEDURE A. Administrative Leave with pay may be enacted under the following circumstances; 1. Use of deadly force incident or other UOF that results in a serious injury. 2. In-custody death. 3. Vehicle accidents resulting in a fatality. 4. Exposure to any major traumatic event. 5. Other as determined by the Chief of Police. Charlotte-Mecklenburg Police Department Interactive Directives Guide Administrative Leave Policy Effective Date 11/8/2013 B. 300-010 2 of 5 Administrative Leave without pay will be enacted under the following circumstances; 1. Felony arrest or criminal indictment. 2. Conviction of any offense that would preclude future performance of police powers. 3. Prior to any employee being placed on Administrative Leave without pay, the employee will be provided notice of the rule(s) of conduct that they are accused of violating and an opportunity to respond to those charges. C. An employee being placed on Administrative Leave will be informed of the action in writing from the Chief of Police or the Internal Affairs Commander. An employee being returned to full duty status will also be informed of this action in writing. Copies of this correspondence will also be forwarded to Human Resources and the employee’s chain of command. D. Any member being placed on Administrative Leave without pay is required to surrender all issued department equipment and clothing to include ID and access cards. These items will be temporarily stored in the Property and Evidence Bureau until such time as the matter is resolved or adjudicated. E. Any member being placed on Administrative Leave with pay is required to surrender all issued department equipment. These items will be temporarily stored in the Property and Evidence Bureau until such time as the matter is resolved or adjudicated. Member will be allowed to retain their ID and access cards. F. Any sworn member being placed on Administrative Leave will acknowledge in writing that they understand that their police authority has been suspended until such time that they are notified of restoration. Sworn members on Administrative Leave are prohibited from taking any police enforcement actions. G. Any non-sworn member being placed on Administrative Leave will acknowledge in writing that they understand that their police related functions are suspended until such time they are notified of restoration. Non-sworn members on Administrative Leave with pay will only perform those duties approved by the Chief of Police or the Internal Affairs Commander. H. Any sworn member who is temporarily assigned to an administrative assignment will have their police authority suspended during that period of time and are prohibited from engaging in any law enforcement secondary employment. Sworn members on administrative duty are required to surrender all issue department equipment with exception of ID and access cards. Sworn members on administrative duties are required to notify the Internal Affairs Commander and their supervisor of any issued subpoenas and are expected to comply with all policies and procedures and to abide with any issued subpoenas during the time they are performing administrative duties. I. Any sworn member being suspended without pay pending termination will surrender all issued department equipment to include firearm, ECW, OC spray, baton, handcuffs Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-010 Administrative Leave Policy Effective Date 11/8/2013 3 of 5 radio, computers or other electronic devices, badge, ID and access cards and all issue clothing items. J. Any sworn member being suspended without pay for a period greater than 24 working hours will surrender all issued department equipment to include firearm, ECW, OC spray, baton, handcuffs, radio, computers or other electronic devices, badge, ID and access cards. These items will be temporarily stored in the Property and Evidence Bureau until such time as the member returns to duty status and police authority is restored. K. Any non-sworn member being suspended without pay for a period greater than 24 working hours will surrender all issued department equipment to include radio, computer or other electronic devices, ID and access cards. These items will be temporarily stored in the Property and Evidence Bureau until such time as the member returns to duty status. L. Major Traumatic Events / Other Critical Incidents 1. Unit commanders/managers should consider if a short debriefing is appropriate for the situation. If a debriefing is conducted for affected personnel it should be done as soon as is practical following a major traumatic event or other critical incident. If the affected personnel are clearly experiencing stress, the peer support personnel or psychologist may recommend a psychological debriefing. 2. If the affected personnel's unit commander/manager makes the determination that an employee should be removed from regular duties for a period of time, the unit commander/manager will make a written recommendation for administrative duties and forward this recommendation to the Deputy Chief of Administrative Services. 3. a. Involved personnel may be removed from regular duties pending any investigations but will remain available for any necessary administrative investigations. b. Involved employees may also be granted administrative leave with pay by the employee's Service Group Deputy Chief. c. During any administrative leave, the employee(s) will remain available for administrative call-back needs and are expected to comply with any court issued subpoenas. d. The work status of the employee(s) involved will be reviewed by the employee’s chain of command within ten (10) days of the incident, with recommendations being made directly to the Chief of Police or the Internal Affairs Commander. The unit commander/manager is responsible for arranging any needed formal debriefings. The debriefing should take place as soon as possible and should take place within 72 hours following the incident. Generally, debriefings should be mandatory, although supervisory staff have discretion to exempt attendance Charlotte-Mecklenburg Police Department 300-010 Administrative Leave Policy Interactive Directives Guide Effective Date 11/8/2013 4 of 5 if it would constitute an unreasonable hardship for any individual to attend. It is recommended that all personnel directly involved in the incident, including communications personnel, attend the debriefing. 4. 5. Members both sworn and non-sworn being placed on Administrative Leave following involvement in traumatic or other on duty related events will also be subject to the post critical incident procedures below. a. Administrative investigations will be conducted as soon as practical. However, investigators will be cognizant of the traumatic stressors following a critical incident, and allow a break if necessary. b. All officers and other involved personnel directly involved in a critical incident involving serious injury or death will meet with a psychologist for a confidential session to address post-shooting trauma reactions and stress management. This session will be arranged by Human Resources. If possible, this session will occur within a few days of the incident, followed by a second session approximately 6-8 weeks after the incident. This will not be a fitness for duty evaluation and no report will be required from these visits, except that the employee did or did not attend. The employee's captain will ensure that the initial and follow-up appointments are made. c. In the event of a critical incident involving serious injury or death to an officer, the CMPD recognizes that support personnel and non-sworn employees can be seriously affected. Psychological debriefing sessions may be arranged if needed. d. When considering assignment for administrative duty following a shooting incident, return of the officer to the service area where he or she is most familiar may be helpful in their psychological adjustment. Determination of the assignment will be made with input from the affected officer(s). Response to Other Incidents Immediate supervisors of both sworn and non-sworn personnel will consider the impact of incident stress situations on individuals and on the unit’s functioning. They may consult with a peer support team, who may decide to provide one to one support to the affected individual, or may recommend a psychological debriefing. The goal of all debriefings is to minimize the impact of incident stress and facilitate the return of affected personnel to active duties as quickly as possible. 6. Stress Recognition A supervisor may require an employee to seek assistance or counseling from a mental health specialist or an Employee Assistance Program counselor based on a reasonable belief that stress may be disrupting the employee's job performance. Charlotte-Mecklenburg Police Department Administrative Leave Policy Interactive Directives Guide Effective Date 11/8/2013 7. 300-010 5 of 5 Fitness Review Employees will undergo fitness for duty evaluation only if the employee exhibits observable behavior that indicates continued service by the employee may be a threat to the safety of the employee or others or the of the employee to perform the essential functions of a Charlotte-Mecklenburg Police CMPD employee. Human Resources will be responsible for scheduling all Fitness Review appointments. When an employee completes a Fitness Review and receives medical clearance to return to duty status, Human Resources will notify the Internal Affairs Commander. V. M. Human Resources will be responsible for maintaining periodic contact with all employees on paid administrative leave and ensure that contact information is current. This contact must be conducted on a weekly basis and a record of the contact placed in the employees personnel file. N. Human Resources will notify the appropriate chain of command of any special needs or concerns regarding any employees on paid administrative leave. O. Upon returning from Administrative Leave an employee will be held in a temporary administrative status to ensure that required missed training is completed and that the member is prepared to return to full duty. The employee’s Division Commander will be responsible for ensuring that all training is completed. The time period of this administrative status will be determined by the Chief of Police or the Internal Affairs Commander. P. A copy of the written notification restoring the employee to full duty status must be provided to the Property and Evidence Division prior to the reissuance of any equipment. Q. Supervisors will ensure that any assigned member on Administrative Leave or Suspension is correctly coded in PEOPLESOFT to accurately reflect the current status. REFERENCES 300-006 Limited Duty Policy 300-013 Return to Duty 300-020 Police Critical Incident Stress 300-021 Fitness for Duty 300-023 Employee Assistance Program 300-025 Peer Support Program Officer Involved Critical Incident SOP Charlotte-Mecklenburg Police Department Interactive Directives Guide Promotional Procedures Effective Date 06/01/2015 I. 300-011 1 of 7 PURPOSE This directive explains CMPD’s promotional procedures and participation in assessment centers. II. POLICY The evaluation and selection of personnel for promotion begins with the identification of employees that have the potential for assuming greater responsibility and who possess the skills, knowledge, and abilities required to perform at a higher level. It is the policy of CMPD to select and promote employees using standards and evaluation techniques that help ensure the most qualified individuals are promoted into leadership positions. III. PROCEDURES A. The Human Resources Division Manager is responsible for the administration of the promotional procedures for all Civil Service positions. Promotional processes for sworn personnel will be initiated by the Human Resources Division with the publication to all personnel of a promotional process announcement. This announcement will be specific to rank and will provide, among other information, an eligibility date, a process commencement date, the dates of the written examination or other exercises, instructions for registering to participate in the promotional process, and any other information that may be appropriate. B. To participate in the promotional process, any eligible candidate must begin by registering in the Human Resources Division. Resumes and other documentation should not be submitted unless specifically called for in the promotional process announcement. C. Eligibility requirements related to service time, education, and discipline must be met by the eligibility date noted in the promotional process announcement. Police Officer Incentive Entry Program employees must follow the same eligibility requirements as outlined in section IV., C of this directive. D. It is the responsibility of the promotional candidate to ensure that he or she is properly registered to participate in the promotional process and has the correct dates, times, and locations for the promotional exercises. E. In the Sergeant's, Lieutenant’s and Captain's promotional processes, the combined score from all exercises will constitute a cumulative score for each candidate. The cumulative scores of the candidates who complete all portions of the process will be consolidated into a rank-ordered promotional eligibility list. F. All recommendations of the Chief of Police for promotions to the rank of Sergeant, Lieutenant, Captain, or Major are subject to final approval by the Civil Service Board. G. Promotional eligibility lists for Sergeant, Lieutenant and Captain will expire twentyfour months after the date on which they are initially established. At the discretion of the Chief of Police, an existing promotional eligibility list may be terminated early or extended. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-011 Promotional Procedures Effective Date 06/01/2015 2 of 7 H. The priority given to identical scores on any promotional eligibility list will be resolved at the discretion of the Chief of Police. I. Administration of a promotional examination at a site and/or date different from the regularly scheduled examination session may be permitted by the Chief of Police or designee. J. Late arrivals at any promotional exercise may be permitted at the discretion of the Chief of Police or designee. K. Questions regarding the CMPD's promotional policies should be directed to the Human Resources Division. L. Any employee that believes the promotional process was unfairly administered may grieve that process by following the procedures outlined in the City of Charlotte Human Resources Policy HR 11, Rule V, Personnel Rules and Regulations. M. All promotional material will be kept in a secure location. N. 1. Any material that is being reviewed, proposed or amended prior to the commencement of any testing taking place will be secured in the office of the Human Resources Division Manager. Any person who receives that material for review must properly secure that material while in their possession and immediately return all the material to the Human Resources Division Manager upon completion of that review. 2. Once finalized, all testing material will be kept in a secured location at the testing consultant’s office or at the CMPD Human Resources Division. 3. After completion of the promotional process, all material will be stored in a secured area controlled by the Human Resources Division Manager. That material will be stored and disposed of as directed under Departmental Directive 800-004 Public Records Retention and Disposition. The Chief of Police has authority to make promotions of officers subject to majority approval of the Civil Service Board. Promotions are probationary for six months from the date they become effective. Any demotions after the probationary period, except voluntary demotions, shall be made only after written charges are preferred and a hearing held before the Civil Service Board. 1. Employees will be closely observed and evaluated by their supervisor to ensure their performance meets expectations. 2. The newly promoted employee’s supervisor will complete a quarterly review three (3) months and a PRD under “Promotion Probation” five (5) months from the date the promotion becomes effective. 3. All quarterly reports will be promptly sent to CMPD Human Resources. Charlotte-Mecklenburg Police Department Interactive Directives Guide Promotional Procedures Effective Date 06/01/2015 IV. 300-011 3 of 7 4. An employee receiving a score lower than “Performance Achieved Expectations (A)” on their quarterly PRD may be subject to Performance Probation and/or additional training. 5. Any demotions being sought must be completed through a hearing with the Civil Service Board and will be decided by majority vote. ELIGIBILITY FOR PROMOTION A. Educational Requirements Any degree or semester hours used to fulfill promotional eligibility requirements must be from an educational institution which is accredited by one of the accrediting agencies recognized by the United States Secretary of Education. Questions regarding accreditation may be directed to the Human Resources Division. B. Performance Review To be eligible to participate in a promotional process, an employee’s last Performance Review and Development (PRD) assessment must meet a rating of “Performance Achieved Expectations (A)” or higher. To remain eligible throughout a promotional process or the life of a promotional eligibility list, an employee must maintain a PRD assessment rating of “Performance Achieved Expectations (A)” or higher. C. Sergeant Service Requirement D. 1. CMPD officers must have served a minimum of five (5) years from their date of hire in the job class of Police Officer with the Charlotte-Mecklenburg Police Department as of the eligibility date noted in the promotional process announcement. 2. CMPD officers with a break in service must have a cumulative minimum of five (5) years active service in the job class of Police Officer with the CharlotteMecklenburg Police Department as of the eligibility date noted in the promotional process announcement. 3. Police Officer Incentive Entry Program Officers must have served with the Charlotte-Mecklenburg Police Department for a minimum of three (3) years and have combined full-time active police service of a minimum of five (5) years as of the eligibility date noted in the promotional process announcement. Lieutenant 1. Service Requirement: Sergeants must have served a minimum of two (2) years from their date of promotion to Sergeant to the eligibility date noted in the promotional process announcement. Charlotte-Mecklenburg Police Department Promotional Procedures Interactive Directives Guide Effective Date 06/01/2015 2. E. F. 300-011 4 of 7 Educational Requirement: Completed an Associate's Degree, or have completed a minimum of sixty semester hours or equivalent quarter hours toward a Bachelor's Degree by the eligibility date noted in the promotional process announcement. Captain 1. Service Requirement: Lieutenants must have served a minimum of two (2) years from their date of promotion to Lieutenant to the eligibility date noted in the promotional process announcement. 2. Educational Requirement: Completed a Bachelor's Degree by the eligibility date noted in the promotional process announcement. Major 1. Service Requirement: Captains must have completed at least one (1) year of service from their date of promotion to the rank of Captain. 2. Educational Requirement: Bachelor's Degree. G. Eligibility for promotion to any rank above Captain is at the discretion of the Chief of Police and requires a Bachelor's Degree. H. In addition to performance, education and service time requirements, the factors listed below will apply. If these factors develop during the course of a promotional process or during the effective life of an eligibility list, they will disqualify a candidate from promotion. 1. Any sworn employee who receives one sustained violation from the list below will be ineligible for promotion for a period of two years or one promotional cycle, whichever occurs first.     Unsatisfactory Performance Use of Force (ROC 28A only) Truthfulness Harassment 2. When the opportunity for promotion occurs for an employee on an active rankordered eligibility list and that employee is the subject of an unresolved allegation from the list above, the Chief of Police will retain the discretionary right to promote or bypass that employee. If such allegation(s) results in a finding other than “sustained,” that employee shall be installed at the first position of the remaining rank-ordered list. 3. In the two years prior to the eligibility date, any sustained violation(s) resulting in a cumulative total of 48 hours (6 days) or more active or inactive suspension, will result in an employee being ineligible for promotion for a period of two years or one promotional cycle, whichever occurs first. Charlotte-Mecklenburg Police Department Interactive Directives Guide Promotional Procedures Effective Date 06/01/2015 V. VI. 300-011 5 of 7 4. Sworn personnel who have been placed on performance probation at any time within two years prior to the eligibility date specified in the promotional process announcement are not eligible to participate in the promotional process. 5. Sworn employees who have allegations of misconduct pending against them, but who have not had those allegations resolved or adjudicated as required by departmental regulations may participate in any promotional process, assuming they are otherwise eligible. I. Sworn employees who do not meet all eligibility standards by the eligibility date will be eliminated from the promotional process. In addition, sworn employees who become ineligible during the promotional process or during the effective life of the promotional eligibility list will be eliminated as candidates for promotion. J. It is the employee's responsibility to determine if he or she is eligible to participate in a promotional process. In every process the final promotional eligibility list will be checked against CMPD records, and any candidate on the list who should have declared himself or herself ineligible will be eliminated at that point. PROMOTIONAL PROCESS FOR SWORN RANKS A. The promotional process (including the process components, their relative values, and details of administration) for the ranks of Sergeant, Lieutenant and Captain will be defined in the promotional process announcements for those ranks. B. All candidates who complete the full process for the ranks of Sergeant, Lieutenant and Captain, as defined by the respective promotional process announcements, will be placed on a promotional eligibility list in rank order as determined by their cumulative scores. C. Promotions to the rank of Sergeant will be made in rank order as established by the final promotional eligibility list, subject to the provisions of Section III.G. and Section IV (in total). D. Promotions to the rank of Lieutenant and Captain will be made from the final eligibility list by use of a “rule of five”. For each promotion to be made, the Chief of Police may select from the top five candidates without regard to rank order. Any candidates not selected for promotion will remain on the list in the original rank order and will be eligible for future promotions. To aid in this selection, the Chief of Police may use additional examinations or interviews, and he or she may require the production of any documentation or other materials he or she considers appropriate. E. Promotions to the rank of Major and Deputy Police Chief will be made at the discretion of the Chief of Police. F. All factors considered in the promotional process will be job-related and nondiscriminatory. PROMOTIONAL PROCESS FOR CIVILIAN POSITIONS Charlotte-Mecklenburg Police Department Interactive Directives Guide Promotional Procedures Effective Date 06/01/2015 VII. 300-011 6 of 7 A. Civilian personnel are eligible to compete for promotion whenever vacancies occur for which they may be qualified. There are no service time requirements for nonsworn promotions, although length of service may be considered as one of a number of factors affecting overall qualifications. B. Notice of promotional opportunities in non-sworn job classes will be published by the Human Resources Division. All questions concerning such opportunities should be directed to that office. C. Civilian candidates for promotion must submit their application in the approved City of Charlotte Personnel System. D. The affected bureau/service area, division, or unit will coordinate a competitive interview and selection process. E. Promotion of civilian personnel will be at the discretion of the Chief of Police. F. All newly promoted civilian personnel are on a probationary period of six (6) months from the date their promotion becomes effective. Employees will be closely observed and evaluated by their supervisor to ensure their performance meets expectations. 1. The newly promoted employee’s supervisor will complete a quarterly review three (3) months and a PRD under “Promotion Probation” five (5) months from the date the promotion becomes effective. 2. An employee receiving a score lower than “Performance Achieved Expectations (A)” on their quarterly PRD may be subject to Performance Probation and/or additional training, and/or termination. PARTICIPATION IN ASSESSMENT CENTERS OUTSIDE OF CMPD A. All assessment center requests that are sent directly to a CMPD employee must be forwarded to Human Resources via email to: HumanResourcesDivision@cmpd.org to be formally advertised to all eligible employees. B. Any employee wanting to participate in an assessment center/promotional process, either by invitation or department announcement, must request permission through their Chain of Command and apply via CMPD Human Resources. C. Participation in assessment centers outside CMPD is a privilege and an employee must obtain CMPD approval prior to participating. D. Any employee approved to participate in a promotional process by CMPD will be notified by CMPD Human Resources via email and will be provided all of the needed information/documentation for application with the requesting agency. E. If, after applying, an employee is selected by the requesting agency to participate, the employee must notify CMPD Human Resources and contact CMPD Fiscal Affairs. Charlotte-Mecklenburg Police Department Interactive Directives Guide Promotional Procedures Effective Date 06/01/2015 VIII. 300-011 7 of 7 F. Participation in an assessment center processes is considered travel and all appropriate travel/expense forms must be completed even if the sponsoring agency is covering all expenses. G. Employees may receive reimbursement for meals and travel expenses, including hotel, airfare, and shuttle if not covered by the agency hosting the assessment center. H. As directed in City of Charlotte Human Resources Policy HR-12, employees participating in outside assessment centers on duty will not be paid for services rendered as part of the process to include honorariums. REFERENCES CALEA City of Charlotte Human Resources Policy HR -11 City of Charlotte Human Resources Policy HR -12 Rule V, Personnel Rules and Regulations  Directive 300-018 Performance Review and Development Charlotte, North Carolina, Code of Ordinances Part 1-Charter, Chapter 4.-Administration, Article III. Civil Service Charlotte-Mecklenburg Police Department Departmental Awards Interactive Directives Guide Effective Date 10/21/2015 I. 300-012 1 of 8 PURPOSE To establish a procedure for recognizing and rewarding Charlotte-Mecklenburg Police Department (CMPD) employees and citizens who distinguish themselves through heroic actions and outstanding performance or service to the Department and the community. II. III. DEFINITIONS A. Bravery: The act of facing or enduring danger with courage. B. Extraordinary: Going beyond that which is usual, regular or expected. C. Merit: Character or conduct deserving reward, honor or esteem. CMPD AWARDS COMMITTEE The Awards Committee will review all nominations for awards except for Service Area/Bureau Level awards (i.e. Certificate of Commendation and Certificate of Appreciation), and Officer of the Month and Civilian Employee of the Month awards. In addition, the Awards Committee will review and make decisions on award requests from outside agencies unless the agency expresses a desire to make the decision independent of CMPD, such as the Police-Community Relations Awards. A. B. C. The Awards Committee is composed of a minimum of ten (10) members of the Department. Four (4) of the positions on the Awards Committee are permanent and will consist of: 1. Chairperson: A Major Appointed by the Chief of Police. 2. The Major of Internal Affairs 3. A Public Affairs Office representative 4. The Human Resources Division Manager or designee Six (6) of the positions are volunteer positions consisting of: 1. A Field Services Major 2. A Captain 3. A Lieutenant 4. A Sergeant 5. An Officer 6. A Civilian Manager Volunteer members of the Committee will serve a minimum of two (2) years and may continue to serve on the Committee after two (2) years at the discretion of the Chief of Police. Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Awards Effective Date 10/21/2015 D. IV. V. 300-012 2 of 8 The Chief of Police will appoint a Major to serve as the Chairperson for the Awards Committee and act as the liaison to the Chief of Police. In cases where the appointed chairperson is also the Internal Affairs Major or the Field Services Major, then the committee will only consist of nine (9) members. 1. The Chairperson of the Awards Committee will be responsible for ensuring that nominations for Departmental Awards are presented to the Awards Committee members prior to a decision being made about a nomination. 2. The Chairperson will notify the nominator and the nominee’s Chain of Command about any decision regarding a nomination and the reason for the decision. 3. The Human Resources Manager or his/her designee will be responsible for placing appropriate documentation in employee’s personnel files when an award is received. The HR Division will also be responsible for maintaining all award pins and/or recognition bars. 4. The Awards Committee will coordinate with the Chief of Police to determine the appearance of the award for each category. 5. The Awards Committee will coordinate with the Chief of Police to determine the dates and locations of awards ceremonies. Members may be asked to assist in arranging the ceremonies. ELIGIBILITY FOR AWARDS A. All employees of CMPD, including reserve officers, and volunteers, are eligible for awards. There is no limit to the number of awards that can be earned by a CMPD employee. B. Citizens are eligible for the Meritorious Award, the Citizen’s Service Award, and the Certificate of Appreciation, for actions that benefit CMPD and/or the community. Citizens may be eligible for the Chief’s Award for Excellence in Policing for their work with CMPD personnel on community problems. C. An employee of law enforcement or other service agency is eligible for an award, if earned while aiding, assisting or working with any officer or member of CMPD. CMPD AWARD CATEGORIES The following are the awards which may be given by CMPD: A. The Gold Police Cross (or alternative award as desired by the member's beneficiary) is awarded posthumously to any member of the Department killed in the line of duty, and is presented to the member's beneficiary. B. The Purple Heart is awarded to members who are seriously injured in the performance of their duties due to assaults or other circumstances requiring action of the employee. Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Awards Effective Date 10/21/2015 C. D. E. 300-012 3 of 8 1. It may be awarded to members who are seriously injured during the performance of their duties. The Awards Committee will consider all circumstances in making a determination to approve the award. 2. It may be awarded in conjunction with another award where the facts demonstrate the recipient is entitled to such an award. 3. The injury must not be the result of or concurrent with any conduct of the recipient that is less than acceptable by all standards. 4. The award will not be awarded for accidental injuries. The Medal of Valor may be awarded to employees who have distinguished themselves by acts of extraordinary bravery in the performance of an act to preserve life or property with the clear risk of serious injury or death present during the action. 1. Behavior that is considered reckless or rash will not be considered for this award. 2. This award will not be given if the action taken was to rectify a previous mistake or poor judgment by the same employee being nominated for the award. 3. This award may be given in conjunction with the Police Cross. The Lifesaving Award recognizes an employee for saving a human life. 1. This award recognizes employees who are directly responsible for saving a human life. 2. Documentation and other supportive evidence such as statements from physicians, witnesses, and/or supervisory officers should be included. 3. When an employee’s actions saved a life to the extent that the person lived for any period of time after the lifesaving effort, the employee is eligible to receive this award even though the person may die at a later time. The Medal of Merit Award recognizes CMPD employees who have performed admirably in response to specific situations. The incident may have been of an emergency nature or a routine event, but the employee’s exceptional performance merits special recognition. 1. Behavior that is considered reckless or rash will not be considered for this award. 2. This award will not be given if the action taken was to rectify a previous mistake or poor judgment by the same employee being nominated for the award. 3. The action meriting award may include activities which did not place the employee in a perilous situation, but the employee’s actions were clearly intended to restore or enhance public safety. Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Awards Effective Date 10/21/2015 F. 300-012 4 of 8 The Chief's Award for Excellence in Policing may be awarded to CMPD employees who have distinguished themselves by exceptional performance that clearly benefited CMPD, citizens, the communities we police and/or advanced the field of policing in general. 1. The performance may be related to an individual response to a situation or crime resulting from a call for service. In such cases, the performance must involve extraordinary diligence, selfless attention to duty and/or unique efforts to ensure a positive outcome. 2. The performance may be related to problem-solving initiatives that have proven effective in addressing substantive community concerns revolving around crime and quality of life and involve collaboration with other city or public agencies, private organizations, multiple law enforcement agencies or multiple units within the department. 3. The performance may be development of a new initiative, process or system that leads to a significant improvement in how CMPD conducts its business and must involve collaboration and extraordinary diligence and effort. 4. The performance may be one of sustained excellence in an employee’s everyday work characterized by exceptional initiative and effort that results in: multiple/significant arrests or case clearances over a significant period of time, exceptional customer service and/or significant positive contributions to citizens and the community. 5. Any other actions by an employee(s) that are clearly exceptional in nature and meet the criteria for this award as determined by the Chief of Police or the Awards Committee. G. The Outstanding Officer of the Year Award is presented to a sworn member of CMPD who distinguishes him/herself through either an accumulation of exceptional contributions or a single incident, and whose actions clearly place the individual well above others of equal rank or grade. Areas of recognition include, but are not limited to: extraordinary valor, positive community impact, administrative accomplishments, crime prevention, training programs, traffic safety and innovation in policing. This award may be presented to an officer who has also won other awards. H. The Chief’s Unit Citation is awarded to a departmental unit or section whose performance is indicative of a high degree of initiative, determination diligence and cooperative effort in the fulfillment of a difficult mission, operation, task or project. 1. The award shall be presented in the name of the unit. Units receiving the citation for the initial time shall receive a plaque that includes an engraved plate noting the year the award was earned. If a unit earns the Chief’s Unit Citation in subsequent years, another engraved plate will be added to the plaque. Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Awards Effective Date 10/21/2015 2. 300-012 5 of 8 The participating employees will be awarded a certificate in conjunction with the unit award. I. The Meritorious Award is the highest award given to citizens who distinguish themselves by meritorious service. This award is given for extraordinary actions during which the citizen is at risk of serious injury or death. J. The Detective of the Year Award is presented to the Detective whose body of work demonstrated a high degree of creativity, tenacity, and sense of urgency in solving cases. The Detective worked cases with a high level of complexity, either as part of a team or alone, from which their work stood out. The Detective demonstrated a respected relationship and high level of confidence from partners including patrol officers and members of the criminal justice system (i.e. Mecklenburg County District Attorney’s Office) as it related to the quality of the Detective’s work, case preparation, and case acceptance. K. The Outstanding Civilian Employee of the Year is presented to a civilian member of CMPD who has distinguished him/herself through either an accumulation of exceptional contributions or in a single incident. The actions of the employee clearly place him or her above others of an equal status. Areas of recognition to be considered are noted in the preceding section (I). L. The Police Training Officer (PTO) of the Year Award is presented to the PTO who has demonstrated exceptional leadership qualities in training newly sworn officers in patrol functions, preliminary investigative functions, in State and municipal laws and departmental policies, practices and procedures. The actions of the PTO of the Year expose new officers to a variety of experiences and encourage career development. The PTO of the Year is a positive role model for newly sworn officers both on and off duty. The PTO of the Year is selected by a committee independent of the Awards Committee; however the award will be presented at the CMPD’s annual awards ceremony. M. The School Resource Officer (SRO) of the Year Award is presented to the SRO who has demonstrated exceptional leadership qualities to reduce crime on school property and throughout the surrounding communities to develop a positive learning environment. The SRO serves as a positive role model and mentor through appropriate behavior and demeanor by initiating positive contact with students. He/she acts as a club leader and promoting police sponsored agencies such as Police Activities League, Right Moves for Youth, Do the Right Thing, and Gang of One. The SRO conducts thorough investigations of all criminal incidents and encourages and facilitates the development of appropriate solutions to crime and related problems. The SRO of the Year is selected by a committee independent of the Awards Committee; however the award will be presented at the CMPD’s annual awards ceremony. N. The Citizen’s Service Award is presented to citizens who have worked with the police and exhibited considerable initiative and resolve in one or more of the following areas: addressing problems within the community, improving neighborhood safety and Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-012 Departmental Awards Effective Date 10/21/2015 6 of 8 conditions, serving as a community leader as demonstrated by their actions, service or work with youth, and/or have accomplished some other extraordinary act of service to CMPD or the community. VI. O. The Certificate of Commendation is awarded to individual or groups of CMPD employees who have distinguished themselves through the accomplishment of a difficult task or act that clearly benefits the Department and/or the community. The Certificate of Commendation is considered a Bureau-level award and as such will be approved by the employee’s Chain of Command to the Bureau-level manager unless the nominated person is of Bureau manager rank within the Department, with the Deputy Chief of Police approving such nominations P. The Certificate of Appreciation is awarded to citizens who have distinguished themselves through the accomplishment of some feat or service highly beneficial to CMPD and/or the community. The Certificate of Appreciation is considered a Bureaulevel award and will be approved by the appropriate Bureau-level manager. Q. The Civilian Employee Service Award (CESA) is presented to a civilian police employee who exemplifies the mission and principles of CMPD. The day-to-day performance of the employee is indicative of a high degree of initiative, determination, diligence and cooperative effort shown through continual efforts, expertise, exceptional service, commitment, and/or dedication. Civilian employees selected for this award have contributed to the overall success of CMPD. NOMINATION FOR AWARDS A. Nominations for any CMPD award may be made by any member of the Department or the community who has knowledge of an act or service deserving recognition. B. Nominations for departmental level awards must be submitted on a Recognition Request Form and forwarded to the manager of the Human Resources Division or their designee. 1. The Recognition Request Form will be available on the CMPD Portal for employees and on the CMPD web site for citizens and non-CMPD employees. 2. The Recognition Request Form must contain the date, place, and time of incident or service concerned, the names of all persons involved, either as participants or as witnesses, and a detailed account of the incident or service performed. If applicable, a copy of the offense report including statements pertaining to the actions of the persons involved in the event should be included. 3. The Recognition Request Form shall be reviewed by the employee’s Chain of Command (through the rank of Major) which will then make a recommendation of approval, modification or disapproval. Any notations of modification or disapproval shall include the reasons for the modification or disapproval. All reviewed nominations shall then be returned to the manager of the Human Charlotte-Mecklenburg Police Department 300-012 Departmental Awards Interactive Directives Guide Effective Date 10/21/2015 7 of 8 Resources Division or their designee for submission to the Chairperson of the Awards Committee. VII. 4. All Chain of Command reviewed and approved nominations will be presented by the Chair to the Awards Committee for final voting, approval and selection for presentation at the annual CMPD award ceremony(s). Final voting by the committee will occur in person and be based on a review of the nomination and whether it satisfies the recommended award type criteria. Approval does not require a unanimous vote but will be based upon a “Yea” vs. “Nay” vote. 5. Documentation of awards will be placed in the awardee’s CMPD Personnel File. COMMENDATION AND RECOGNITION BARS Up to four issued commendation bars may be worn with the appropriate bar holder centered above the name plate on the uniform shirt. VIII. REFERENCES 400-001 Uniform and Personal Appearance Policy CALEA Charlotte-Mecklenburg Police Department 300-012 Departmental Awards Interactive Directives Guide Effective Date 10/21/2015 ADDENDUM AWARD INSIGNIA The Gold Police Cross The Purple Heart Medal of Valor Lifesaving Award Medal of Merit Chief’s Award for Excellence in Policing Outstanding Officer of the Year 8 of 8 CHARLOTTE – MECKLENBURG POLICE DEPARTMENT Recognition Request Form Section 1 Nominator(s): Contact #: Department Level Awards Award Recommended: Police Cross- Gold Police Cross- Silver Chief’s Award for Excellence in Policing Medal of Valor Medal of Merit Outstanding Employee of the Year Award Life Saving Award Meritorious Award Persons Nominated: Award Recommended: Persons Nominated: Division Level Awards Certificate of Commendation Certificate of Appreciation Section 2 Narrative: Section 3 Department Level Awards Awards Review Board Recommendation: Division Level Awards _______________________________________ Chairman, Award Review Board _______________________________________ Type of Award Granted: Type of Award Granted: Chief of Police _______________________________________ Division Commander _______________________________________ Jan/2007 Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date I. 300-013 12/08/2014 1 of 7 PURPOSE To establish CMPD policy to assist and prepare employees returning to duty after extended periods of military leave or other extended periods of leave. II. POLICY It is the policy of CMPD to provide employees returning from extended military leave or other extended leave all the necessary support and training to ensure proper integration back into the CMPD workforce. CMPD will also provide all employees and their families the necessary assistance and support to prepare for the departure on extended periods of military or other leave and maintain contact with the employee and their families during those periods of absence thereby ensuring the smoothest possible transition from departure and ultimately return to duty. III. DEFINITIONS A. Extended Military Leave: Any period of active military service exceeding 179 calendar days. B. Extended Leave: Any period of leave exceeding 90 calendar days, whether paid or unpaid. Leave includes long term medical, personal, for disability reasons or other circumstances requiring the employee to curtail their normal duties. C. Human Resources Military Liaison (HRML): Person within the Human Resources Division designated to address administrative needs for all personnel in preparation for extended military leaves of absence, during the period of time the employee is absent and upon returning to duty. D. In-Service Training Supervisor: Supervisor designated to identify and coordinate all needed training for all personnel returning to duty after extended periods of military leave or extended leave. E. Division Military Liaison (DML): Person(s) designated by a division captain to assist an employee preparing to deploy and help integrate that employee returning to duty after extended periods of military leave. DML will have a training component as prescribed by the In-Service Training Supervisor. Consideration should be given to prior service members for selection as DML. Nominations for assigned DML to the employee(s) should be given consideration. F. Division Employee Liaison (DEL): Person(s) designated by a division captain to assist an employee preparing to leave for an extended period of leave, and to help integrate that employee returning to duty after an extended period of leave. Captains should exercise care in selecting persons for this type of duty. Nominations for assigned DEL to the employee(s) should be given consideration. Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date IV. 300-013 12/08/2014 2 of 7 PROCEDURES FOR MILITARY LEAVE A. Pre-Deployment Procedures 1. Upon notification of pending call to active duty, it is the responsibility of the employee to notify CMPD Human Resources Military Liaison in a timely manner prior to deployment. The employee should provide the Human Resources Military Liaison with their written military orders upon receipt. 2. Human Resources Responsibilities: The HR Military Liaison (HRML) will meet with the deploying employee and ensure that all the required administrative tasks are initiated, determine if there are any anticipated needs for family members, and update contact information for the employee’s family. a. The HRML will strongly encourage the employee to provide copies of documents to ensure smooth transition. These documents will include; i. ii. iii. iv. v. vi. vii. 3. Written orders upon receipt; Leave and Earnings Statement Powers of Attorney; Wills; other legal documents (SGLI, DD93, Marriage, Divorce & Birth); Family Care Plan if applicable; Exceptional Family Member. b. The HRML will ensure that any changes in payroll are prepared and that any questions regarding benefits are addressed. c. The HRML will maintain and update contact files for all deployed CMPD members and their families. d. The HRML will maintain a centralized list of activated personnel for distribution on a need to know basis. Division Level Responsibilities: The Division Military Liaison (DML) will assist the deploying CMPD member with the turn-in and temporary storage of all uniforms and issued equipment (including, but not limited to, service weapon, radio, Conducted Electrical Weapon (CEW)) to the Property and Evidence Division. The DML should make sure that they have contact information from the HRML for the employee and family members. a. The DML will assist with the completion of any division level administrative tasks needing to be completed prior to the CMPD member deploying. b. The DML will maintain contact with the HRML regarding any status changes for the employee or family members. Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date c. B. 300-013 12/08/2014 3 of 7 Upon notification additional workload (i.e., case assignments) should cease and current case assignments should be reassigned if reasonable to complete before departure. Deployment Procedures 1. Human Resources Procedures: The HRML for CMPD will be responsible for monitoring the status of deployed employees and to address questions of benefits and payroll as they arise. When contacted by a deployed employee or authorized family member the HRML, in addition to addressing that immediate inquiry, will also make referrals as needed regarding any status changes or benefits. 2. C. Division Procedures: The DML is responsible for maintaining contact with the deployed CMPD member and their immediate family. This contact should be no less than once a month and can be via telephone (Skype, etc) or email. a. Keep the deployed member informed of major news within the organization, recent promotions, and/or major changes in policy. b. Maintain contact with the family members and determine any special needs. If there are any, then attempt to coordinate the resources needed to meet those special needs; i.e. lawn care, minor home repairs, etc. c. Keep family informed about any upcoming events and invite them to participate. d. Attempt to confirm any anticipated dates of return and forward this information to the HRML. Return Procedures 1. 2. Human Resources Procedures: The HRML, for all returning employees, will ensure that all administrative functions have been scheduled or initiated to allow the employee to return to work. Areas to be addressed include: a. Military Discharge Orders/paperwork; b. Access cards, computer access permissions; c. Payroll, benefits, insurance; d. Credit of deployed time for retirement purposes. (DD-214 required) Recognition of Return: The DML will coordinate with family members to have some appropriate level of agency representation to greet the employee upon his/her return from active duty. The returning employee and his/her family will decide what is appropriate. Charlotte-Mecklenburg Police Department 300-013 Return To Duty Interactive Directives Guide Effective Date 12/08/2014 4 of 7 The DML will ensure that the Public Information Office publish an official welcome to returning employees via the internal communications network. 3. 4. Initial Re-integration Procedures: The DML should review the upcoming return program with the employee and ensure that he or she has all needed agency contact information should any issues or questions arise. The DML will coordinate with the HRML to ensure that all administrative reintegration matters are handled. a. The DML will assist the returning employee with the re-issue of all uniforms and equipment. Whenever possible the same equipment turned in by the employee should be re-issued upon return to duty status. b. The employee will be provided with information for various assistance programs available should the employee desire to use them. These include but are not limited to: (1) Employee Assistance Program (2) Agency Chaplains (3) Peer Support (4) Veterans Administration (5) Military One Source (6) CMPD Benevolent Fund Patrol Return: It shall be mandatory for any officer who has been out of the patrol function for 179 calendar days or more to participate in a reorientation process. An officer who has been out of the patrol function for less than 179 calendar days may also request to participate in the reorientation process, approval being at the discretion of one of the Field Service Group Deputy Chiefs on the recommendation of the division captain or training division captain. The Field Service Group Deputy Chiefs may, at their discretion, mandate participation in a reorientation process for an employee who has been out of the patrol function for less than 179 calendar days. a. In Service Training: The In-Service Training Supervisor will ensure that the returning employee completes all mandated training requirements. In-service training will take place immediately upon completion of the administrative in-processing. Returning employees will initially be assigned to the training division for completion of all mandated training. Employees will be reassigned to their division in an administrative status pending reinstatement of their Law Enforcement certification by the State. Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date 12/08/2014 5 of 7 b. Employee Assignment: The employee will be afforded the right of first refusal for placement in their initial assignment. If refused, assignment will be at the discretion of CMPD. c. Field Training: The DML for the employee’s assigned division will ensure that: d. V. 300-013 (1) The returning employee will, immediately upon reinstatement, be assigned to ride with a PTO for a minimum period of one week and up to a maximum period of six weeks. (2) The length of the field training period will be a joint decision of the returning employee, PTO, shift supervisor and the division commander. Should deficiencies be identified at the end of the maximum six week period, the division commander has the discretion to extend this training period. (3) Upon successful completion of the field training phase, a copy of the training record will be retained in the division PTO file. (4) The employee understands that there is no requirement that the Field Training phase be completed in one week; the goal is to have the employee comfortable returning to the normal shift assignment. The DML will maintain contact with the employee throughout this training cycle and inquire as to any problems or needs the employee might have. PROCEDURES FOR EXTENDED LEAVE A. Pre-Leave Procedures 1. It is the responsibility of the employee to notify CMPD Human Resources Division in a timely manner of the anticipated need to take extended leave prior to departure when possible. 2. All requests for extended leave other than for FMLA type medical reasons must be approved by the Chief of Police. 3. Human Resources Responsibilities: A Human Resources representative will meet with the departing employee and ensure that all the required administrative tasks are initiated, determine if there are any anticipated needs for the employee, family members, and update contact information if needed. a. Human Resources will ensure that any changes in payroll are prepared and that any questions regarding benefits are addressed. b. Human Resources will maintain and update contact files for all CMPD members that are on extended leave, including adult immediate family members. Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date c. 4. B. 12/08/2014 6 of 7 Human Resources will maintain a centralized list of personnel on extended leave for distribution on a need to know basis. Division Level Responsibilities: The Division Employee Liaison (DEL) will assist the departing CMPD member with the turn-in and temporary storage of all uniforms and issue equipment (including, but not limited to, service weapon, radio, CEW). The DEL should make sure he/she has up-to-date contact information from Human Resources for the employee including adult immediate family members. a. The DEL will assist with the completion of any division level administrative tasks needing to be completed prior to the CMPD member departing. b. The DEL will maintain contact with the Human Resources regarding any status changes for the employee or family members. c. Upon notification that an employee is departing for extended leave, additional work load (i.e., case assignments) should cease and current case assignments should be reassigned if not reasonable to complete before departure. During Period of Absence 1. C. 300-013 Human Resources Responsibilities: The HR representative is responsible for maintaining periodic contact with the CMPD member and/or their immediate family. This contact should be no less than once a month and can be via telephone (Skype, etc) or email. a. The HR representative for CMPD will be responsible for monitoring the status of extended leave employees and to address questions of benefits and payroll as they arise. b. When contacted by an authorized family member, the HR representative, in addition to addressing that immediate inquiry, will also make referrals as needed regarding any status changes or benefits. c. The HR representative will notify the division employee liaison of any special needs or concerns and keep the division apprised of the status of the extended leave employee. Return Procedures 1. Human Resources Procedures: The Human Resources representative, for all extended leave returning employees, will ensure that all administrative functions have been scheduled or initiated to allow the employee to return to work. Areas to be addressed include: a. Access cards, computer access permissions; Charlotte-Mecklenburg Police Department Return To Duty Interactive Directives Guide Effective Date b. VI. 300-013 12/08/2014 7 of 7 Payroll, benefits, insurance; etc. 2. Upon returning to work, employees who have been absent for 90 or more calendar days, will initially be assigned to the Training Bureau and report to the In-Service Training Sergeant. All required training will be completed prior to reassignment to their division. 3. The Field Service Group Deputy Chiefs may, at their discretion, mandate participation in the re-entry program for an employee who has been out of the patrol function for less than 90 days. REFERENCES 300-016 Military Leave Policy 300-005 Workers' Compensation 300-004 Sick Leave Policy 300-001 Scheduling, Timekeeping, and Attendance 300-010 Administrative Leave Policy CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Educational Incentive Policy Effective Date 12/08/2014 I. 300-014 1 of 3 PURPOSE The following policy provides guidelines for the educational incentive and educational reimbursement program for all CMPD employees. II. POLICY CMPD recognizes the importance of higher education and seeks to recruit and retain an educated and diverse workforce. CMPD supports the efforts of all employees to further their educational goals. III. DEFINITIONS A. B. III. Regular Full time: 1. 40 hours weekly 2. 41or 41.25 hours weekly designated as Roll-Call schedule 3. 42.50 hours weekly designated as School Resource Officer schedule Regular Part Time: Standard half-time schedule of 20 hours, or three-quarter time schedule of 30 hours, as defined by the employee’s position. PROCEDURE A. Educational Incentive – Sworn Public Safety Pay Plan Employees 1. Police Recruits Eligibility for Educational Incentive 2. a. Recruits are eligible to receive the educational incentive of 5% for an Associates degree or 10% for a Bachelor’s degree upon graduation from the Police Academy. The total maximum educational incentive is 10%. b. Documentation of the degree must be submitted to the Human Resources office prior to graduation from the Police Academy in order to ensure timely payment of the incentive. Recruits will not receive the incentive without proper documentation (Official Transcripts with grades, indicating that a Bachelors or Associates degree has been conferred). If the information is not received prior to graduation from the Police Academy, the employee will receive the increase on the following pay period upon submission of the appropriate paperwork to Human Resources. There will be no retroactive pay. c. All coursework must be from a public or private academic institution, accredited by one of the regional accrediting associations. (US Dept. of Education Accredited Institution List) Eligibility for Sworn Public Safety Pay Plan Employees Charlotte-Mecklenburg Police Department Interactive Directives Guide Educational Incentive Policy Effective Date 12/08/2014 B. 300-014 2 of 3 a. Employees below the rank of Sergeant are eligible to receive an educational incentive of 5% for an Associate’s degree or 10% for a Bachelor’s degree. The total maximum educational incentive is 10%. b. Employees must submit proper documentation (Official Transcripts with grades, indicating that a Bachelors or Associates degree has been conferred) to the Human Resources office. The effective date for the incentive pay will be the Saturday following the day the documentation was received. c. The degree must be from a public or private academic institution, accredited by one of the regional accrediting associations. (US Dept. of Education Accredited Institution List) d. The City of Charlotte and/or CMPD can withhold educational incentives and reimbursements at any time. Educational Reimbursement Program- All Eligible Existing Employees 1. All regular full time and regular part time employees of the City are eligible for the educational reimbursement program. 2. The program applies only to courses taken for academic credit and does not cover regular training provided by CMPD or the City of Charlotte. 3. The Chief of Police or designee may determine the type of coursework that enhances the business goals of the organization and are eligible for reimbursement. 4. Reimbursement will only be made for one degree at each level, Associate’s, Bachelor’s, and Master’s and must be pre-approved by the Business Services Manager. 5. The degree must be from a public or private academic institution, accredited by one of the regional accrediting associations. (US Dept. of Education Accredited Institution List) 6. CMPD will not reimburse for PhD’s, Juris Doctorate, or other doctorate programs. 7. Approval must be obtained from the employee’s supervisor and Human Resources prior to enrollment each semester. The application for reimbursement must be signed by the employee’s supervisor and the Human Resources Director or designee. 8. Eligible expenses submitted must have prior signed approval from Human Resources and the employee’s supervisor to be processed for reimbursement. 9. Employees must receive a grade of C or higher in undergraduate courses, B or higher in graduate courses to qualify for reimbursement. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-014 Educational Incentive Policy Effective Date 12/08/2014 3 of 3 10. Documentation of grades along with the application for reimbursement must be submitted to Human Resources. If the tuition exceeds $2000.00 per semester, an official school transcript is required in order to process reimbursements. 11. Expenses eligible for reimbursement are: a. Tuition (not to exceed UNCC or CPCC rates) b. Lab Fees and other required fees c. Required learning materials and/or text books. When submitting for reimbursement, a copy of the course syllabus indicating the required learning materials and/or books accompanied by receipts for these materials and/or books is required. 12. IV. Expenses not eligible for reimbursement are: a. Tools and supplies (other than texts) b. Meals, lodging, parking, and transportation c. Pre-enrollment testing, graduation fees, transcripts d. Computer and internet access fees. 13. Employees may not claim reimbursement for costs covered by other sources. This includes grants, scholarships, G.I. Bill, and any other program where the employee receives educational reimbursements. 14. Non-credit courses are not eligible for reimbursement. (Certificate, and/or diploma programs, etc.). 15. Educational reimbursement will be taxed based on the current federal tax guidelines at the time of reimbursement. 16. Reimbursement rates may be subject to change with each semester. 17. Forms and Policies are located at: http://cnet/kbus/hr/payroll/Documents/Education Reimbursement Form.xls REFERENCES HR18-City of Charlotte Educational Assistance Policy Tax Benefits for Education US Dept. of Education Accredited Institution List CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide CMPD Procurement Process Effective Date 07/25/2014 I. 300-015 1 of 11 PURPOSE To establish uniform procedures for the procurement of goods and services and to strengthen internal controls for CMPD’s procurement process. II. POLICY In accordance with city policy, all CMPD users will employ the city’s financial system (Referred to as MUNIS or The System) to procure all goods and services. To maintain a responsible process that guides how CMPD procures goods and services and to assist employees in the procurement process to ensure that such processes are in compliance with applicable law, City of Charlotte policy and Charlotte City Council directives. III. DEFINITIONS See City of Charlotte Citywide Procurement Policy. http://cnet/policies/Documents/Citywide%20Procurement%20Policy.pdf IV. General Procurement Rules A. All Purchases of Goods, Services, and Technology shall be made using a Purchase Order (PO) or Procurement Card (P-Card), unless otherwise provided for in Section 1.12 of the Citywide Procurement Policy. Certain limited, authorized purchases may also be made using a Check Request, as defined and approved by the Accounts Payable Payment Policy (FIN 6). B. Goods, Services, and Technology shall be purchased from Citywide Master Contracts except as provided in Section 1.13 of the Citywide Procurement Policy. C. All supporting documents (quotes, proposals, bids, contracts, PO’s, etc.) shall be maintained in accordance with applicable federal, state, and local records retention requirements and policies. Certain documents are required to be maintained in the System as attachments to relevant contract, purchase order, invoice, receiving, or PCard transaction records. D. Purchases made via purchase order or check request may only be made from a vendor properly registered with the city in accordance with the City’s Vendor Policy (SS 19). While vendor registration is not required prior to P-Card transactions, the Office of the Chief Procurement Officer and the City P-Card Administrator will monitor frequency and cumulative spending by vendor for registration opportunities. E. Unless subject to one of the exceptions set forth in Section 1.12 of the Citywide Procurement Policy. Purchases shall follow the procurement process set forth in the Thresholds, Processes, and Approval Authorities Table, based on dollar amount and type of procurement. F. Purchases must be approved by the individual specified in the Thresholds, Processes, and Approval Authorities Table, based on dollar amount. Charlotte-Mecklenburg Police Department Interactive Directives Guide CMPD Procurement Process Effective Date 07/25/2014 V. 300-015 2 of 11 G. Individuals conducting procurements are responsible for estimating the total need for a Good, Service, and/or Technology, to the extent practicable, to ensure proper application of this policy. H. Procurements shall not be split into multiple purchases to circumvent thresholds and approval authorities established in Table. I. All purchases, regardless of type, shall be entered into the System. J. All purchases shall be encumbered or accounted for using a contract, PO, P-Card, and/or request for check (RFC). K. The use of P-Cards shall be in accordance with the Shared Services Policy 13, Citywide Procurement Card Policy and Procedures, and may be, from time to time, governed by executive directive as required. L. A PO or P-Card shall be used when making purchases against an approved contract (encumbered or unencumbered) for Goods, Services, and/or Technology. M. A PO shall be used for procurement of items identified in the City’s Master Item File or available through a punch-out vendor in The System, except as provided in Section 1.12 of the Citywide Procurement Policy. N. A Blanket PO shall not be used for the procurement of goods, except in those instances where the Office of the Chief Procurement Officer has designated an exception for a specific individual good. The Fiscal Affairs Division will maintain a list of approved exceptions. O. A Blanket PO may be used in the purchase of Services and Technology, but only in those situations where a specific relationship between quantity and cost is not available. P. All purchases initiated on a requisition must be properly designated in the requisition entry purchase type field, from the available options. Q. Project accounts must be applied to all contracts, requisitions, and P-Card transactions to be charged to a project. A list of city-wide contracts is available at: City-wide & County-wide Contracts PROCEDURE A. Prior to entering a purchase order requisition into The System (Munis), employees will obtain quotes as noted in Table #1. In addition, sole source purchases will require prior written approval from the Procurement Management Division (PMD) of the Shared Services Department. Other than obtaining informal quotes, employees will refrain from conversations with potential vendors before meeting with the procurement officer for direction. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-015 CMPD Procurement Process Effective Date 07/25/2014 3 of 11 B. Any personnel soliciting goods, bids or quotes for services or goods should not make any actual or implied comments to vendors that would make a reasonable person feel they have exclusivity for a particular purchase or contract. C. The City of Charlotte is not tax exempt. Certain North Carolina taxes need proper allocation. Do not break out taxes from another state. If there is a tax from another state, include in the tax amount with the receipt subtotal. D. All procurement of goods and or services not purchased on a procurement card (PCard) must be procured through a written contract, purchase order, or request for check. E. All technology purchases of $10,000.00 or more must be approved by TPET prior to entering the requisition in the system. F. Any new Uniform/Clothing purchases that are not covered by an existing contract must first be approved by completing a “Uniform and Equipment Request and Review Form” and forward it through the requesting officer’s chain of command. The requesting officer’s chain of command will indicate approval or disapproval of the request. Disapproval by any member of the chain will stop any further action with regard to the request. The Deputy Chief should forward the denied request and documentation to the Property and Evidence Management Division’s Manager. The chain of command should not base its decision solely on the unit or section, but the overall impact the request may have on the entire organization. The Uniform and Equipment Committee will research and discuss all items submitted for review and make recommendations regarding the requested action to the Chief of Police or designee. G. Equipment purchases where an individual piece of equipment exceeds $5,000 must be marked as a Fixed Asset on the purchase order requisition in The System. Charlotte-Mecklenburg Police Department 300-015 CMPD Procurement Process Interactive Directives Guide 4 of 11 Effective Date 07/25/2014 VI. THRESHOLDS, PROCESSES, AND APPROVAL AUTHORITIES The following table outlines CMPD’s internal process and shows the CMPD Workflow Approval and the signature authority needed for purchases by requisition or invoice. Final authorization is from the signature authority. It is the CMPD Workflow Approval’s responsibility to ensure that the signature authority has been notified and has approved the purchase. For the purchases that require multiple signature authorities, all signatures must be obtained in the order provided.  Thresholds, Processes, and Approval Authorities Table Goods Services Technology Threshold Method of Procurement Workflow Approval Signature Authority Workflow Approval Signature Authority Workflow Approval Signature Authority Less than $1,000    P-Card PO Request for Check Contract Captain or civilian manager CMPD Business Mgr. or Asst. Business Mgr. Captain or civilian manager CMPD Business Mgr. or Asst. Business Mgr. Captain or civilian manager CMPD Business Mgr. or Asst. Business Mgr. P-Card PO Request for Check Contract Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr PO Request for Check Contract Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr Major or civilian manager CMPD Business Mgr. or Asst. Business Mgr PO Request for Check Contract Deputy Chief CMPD Business Mgr. or Asst. Business Mgr Deputy Chief CMPD Business Mgr. or Asst. Business Mgr Deputy Chief CMPD Business Mgr. or Asst. Business Mgr PO Request for Check Contract Deputy Chief Chief of Police; Chief of Staff, or Business Services Mgr. Deputy Chief Chief of Police; Chief of Staff, or Business Services Mgr. TPET & Deputy Chief Chief of Police; Chief of Staff, or Business Services Mgr. PO Request for Check Contract City Manager City Manager City Manager City Manager TPET & City Manager City Manager PO Request for Check Contract City Manager City Council City Manager City Council TPET & City Manager City Council  $1,000-$2,499     $2,500-$4,999    $5,000-$9,999    $10,00-$49,999    $50,000$99,999    Over $100,000    Charlotte-Mecklenburg Police Department CMPD Procurement Process Interactive Directives Guide Effective Date 07/25/2014 VII. 300-015 5 of 11 Procurement Card (P-Card) Responsibilities (Responsibilities for cardholder & approvers) A. All P-Card transactions will be entered into The System within two days after they are posted (weekly). Any use of the P-Card is for business related expenses. Business information, such as business address, phone number or business email address is the only information a Vendor should request. There is never a need to provide a Vendor with personal information such as social security number, home address, cell phone or personal email address. The P-Cardholder is fully responsible for any transaction and the associated reconciliation process. 1. 2. Cardholders will: a. Allocate transactions in The System within two business days after they are entered into The System. b. Scan all receipts and related documents into The System (TCM) at or prior to the weekly allocation. c. Check the dashboard from The System at least weekly (normally on the day transactions are downloaded from the bank) to monitor card spending. d. Reconcile their monthly P-Card statement to the transactions recorded in The System and release the reconciled transactions within two business days following month end. Cardholders will not: a. Split a transaction to circumvent a credit limit b. Use the P-Card for a personal transaction c. Accept cash in lieu of credit to the P-Card d. Use the P-Card to buy Alcohol e. Use the P-Card to gamble f. Purchase a gift card or gift certificate (the IRS considers a gift card as taxable income for an employee and is not a valid P-card transaction) g. Make a cash advance on the P-Card h. Lend the P-Card to another person for use i. Circumvent the City Travel Policy by use of P-Card Charlotte-Mecklenburg Police Department Interactive Directives Guide CMPD Procurement Process Effective Date 07/25/2014 VIII. 300-015 6 of 11 B. Understand that misuse of the P-Card and the policy and procedures may result in disciplinary action including but not limited to termination (dismissal), P-Card revocation, or temporary card suspension. C. Procurement cards are issued to CMPD personnel that have justified a business need for that form of procurement. When the P-Cards are issued, there is an implicit understanding that the P-Cardholder must use the P-Card in accordance with city policy and keep their chain-of-command informed of such purchases on a weekly basis at a minimum. Emergency Purchases To the extent possible, CMPD should utilize acceptable procurement processes even in emergency situations. Departments are not required to use a Formal Solicitation when a special emergency is in effect, such that the health and safety of the people or their property are in jeopardy. Purchases needed in response to a natural disaster or other sudden and unforeseeable situations most closely reflect the intent of the emergency exception. The requirements for invoking the emergency exception are: IX. X. 1. The emergency must be present, immediate, and existing. 2. Harm cannot be averted through temporary measures; and 3. The emergency cannot be self-created due to failure to take precautions. Captain Responsibilities A. Ensure the item requested is an essential need. B. Ensure their chain of command has approved the purchase. C. Ensure in advance the requested purchase/item is budgeted and funds are available for the purchase. D. Ensure purchases with contract terms and conditions are not extended, increased, decreased or modified in any way without the approval of Fiscal Affairs. E. Review and approve all P-Card transactions released into The System by the P-Card holder within 1 business day of its release. F. The System dashboard should be reviewed at least daily for pending transactions awaiting approval. Transactions waiting for approval should be approved or rejected on a daily basis. G. Keep the CMPD Business Manager informed of significant issues involving vendors. (ex. vendor non-performance, non-delivery etc.) Major Responsibilities Charlotte-Mecklenburg Police Department 300-015 CMPD Procurement Process Interactive Directives Guide Effective Date 07/25/2014 XI. XII. 7 of 11 A. Ensure the item requested is an essential need and that the item is not already available for use in other areas of the department prior to purchase. B. Determine the most appropriate funding source has been selected (ex. Asset forfeiture, grant, etc). C. Ensure the purchase is an authorized purchase and has followed all procurement guidelines prior to approval by the Deputy Chief. D. Monitor Bureau’s spending to ensure compliance with cumulative spending signature authorities. (See the Thresholds, Processes, and Approval Authorities Table) E. The System dashboard should be reviewed at least daily for pending transactions awaiting approval. Transactions waiting for approval should be approved or rejected on a daily basis. Deputy Chief Responsibilities A. Oversee the financial operations of their assigned Service Group. B. The System dashboard should be reviewed at least daily for pending transactions awaiting approval. Transactions waiting for approval should be approved or rejected on a daily basis. C. Ensure corrective action is taken on any unauthorized purchases that have not gone through the proper procurement process. CMPD Fiscal Affairs Division Responsibilities A. Oversee the financial operations of CMPD including, but not limited to: 1. The operating budget; 2. Capital budget; 3. Grants; 4. Contracts; 5. Asset forfeiture, travel, and procurement. B. Ensure all CMPD procurement activities are completed in an efficient manner while adhering to all statutory requirements, City procurement policies and best business practices. C. Assist in the development of CMPD procurement policies and procedures that will result in compliance. D. Review and approve procurement requests to ensure compliance with CMPD and City procurement policies, proper approval (signature authority) has been obtained Charlotte-Mecklenburg Police Department 300-015 CMPD Procurement Process Interactive Directives Guide Effective Date 07/25/2014 8 of 11 and adequate funding is available to complete the procurement process. Proper approval includes: XIII. 1. Chief of Police – up to $49,999.00 2. Chief of Staff/Business Services Manager. – up to $49,999.00 3. CMPD Business Manager – Up to 9,999.00 Purchase Order requisition; Request for Check; Contract Encumbrance; PCard transactions. 4. CMPD Assistant Business Manager – Up to $9,999.00 Purchase Order requisition; Request for Check; Contract Encumbrance; PCard transactions. E. Monitor vendor spending during each fiscal year to ensure compliance with cumulative spending and signature authorities. F. Ensure that any contract terms and conditions that are not on an approved existing contract are reviewed by the Police Attorney’s Office prior to contract execution. G. Establish departmental P-Card processes, as needed that do not supersede City of Charlotte Procurement Card Policy and Procedures. H. Recommend corrective actions to the appropriate Deputy Chief for violations of Procurement Card Policy and procedures. I. Ensure any purchase or transaction determined to be unauthorized shall be forwarded to the Business Services Manager, Chief of Staff and Deputy Chief of the purchasing unit. Petty Cash A. Each Petty Cash Custodian is responsible for ensuring that their petty cash box contains the required amount of funds in them at all times. B. Petty Cash Custodians with petty cash issues only, will report them to the CMPD Business Manager. Unannounced audits can be conducted by Fiscal Affairs management to determine compliance with City of Charlotte procedures. C. Petty Cash Custodians are responsible for reconciling cash boxes when funds are replenished and keying expense allocations into The System. D.  The Petty Cash Fund is reconciled by the Fiscal Affairs designee at least quarterly and more often if the balance is low. E. Employees found to be abusing the petty cash system either through questionable use or late receipts will be reported to the employee’s chain of command and may be subject to disciplinary action. Charlotte-Mecklenburg Police Department Interactive Directives Guide CMPD Procurement Process Effective Date 07/25/2014 XIV. 300-015 9 of 11 Travel and P-Card Purchases A. All CMPD Employees must receive prior authorization from their Chain of Command up to the Deputy Chief before making travel arrangements. (i.e. hotel reservation, air fare, registration fees, etc.) All travel requests must also be approved by the Chief of Staff. B. All CMPD Employees must complete a FIN FS 05-City of Charlotte Travel Form for all City authorized travel. C. The original (not a copy) FIN FS 05-Travel Form must be approved by the employee’s Chain of Command and Chief of Staff before submitting to Fiscal Affairs for payment release. FIN FS 05- Travel Form can be found on CNet/KBU/Finance/Form. D. A travel expense may include, but is not limited to airfare, hotel, car rental, lodging, meal, tip, and registration fee. E. When traveling on approved business, per diem should be used for all meal expenses. Accordingly, the P-Card shall not be used for meals when traveling, but any other valid travel expenses may go on the P-Card. F. A traveling cardholder is personally responsible for any payment of a personal expense by personal means other than a City P-Card. Misuse of P-Card may result in disciplinary action including but not limited to termination/dismissal, P-Card revocation, or temporary suspension of P-Card. G. All travel requests must be submitted at least three (3) weeks prior to date of travel for processing by Fiscal Affairs and City’s Finance Department. H. Any request that is not submitted within the three (3) weeks will be subject to using personal funds to cover all approved expenses and then reimbursed after duration of travel. I. All meal reimbursement requests should be calculated according to the current per diem rate chart. CMPD Current Per Diem Rate Chart can be found on the CMPD Portal at: Per Diem Rates - All Documents. J. All per diem must be requested on FIN FS 05 – Travel Form. K. All travel that will require three (3) or more employees from the same City Department attending the same out-of–state travel location must be approved by the City Manager or Assistant City Manager regardless of funding source and/or reimbursement from other agencies. A memo from the employee’s Deputy Chief justifying the need to have additional employees must be submitted along with FIN FS 05. Charlotte-Mecklenburg Police Department 300-015 CMPD Procurement Process Interactive Directives Guide Effective Date 07/25/2014 10 of 11 L. Emergency travel for criminal investigations must receive authorization from the affected Chain of Command. All emergency travel request forms must be completed immediately upon return to duty. M. All CMPD employees must submit a Travel Expense Report within five (5) business days after returning from the trip to the Fiscal Affairs Travel Section, and include the following: N. 1. Copy of Travel Expense Report 2. Copy of P-Card Statement 3. Copy of P-Card Receipts 4. Original receipts other than P-Cards (Ex: AAA, conferences paid by check, etc.) 5. Original Receipt from Reimbursement Check Deposit (if applicable) Each employee is expected to be diligent in making travel arrangements for hotel, air fare, and other City approved travel. http://cnet/policies/Documents/Employee Travel.pdf XV. Charlotte Business Inclusion Program (CBI) The CMPD is committed to promoting equal opportunities by employing goals and good faith efforts to promote the utilization of a CBI for CMPD contracts of goods or services. Employees are encouraged to seek out Minority and Women Owned (MW) and or registered CBI’s for participation in the procurement of goods and services. Certified MW/SBE firms can be located on the Charlotte-Mecklenburg Website at: Charlotte Business Inclusion. XVI. 1. The Fiscal Affairs Division will keep employees updated on current vendors that qualify as registered CBI’s. 2. The Fiscal Affairs Division will monitor requests for goods and services to ensure opportunities to utilize registered CBI’s become best business practices. Ethics and Conflict A. The City has established several policies outlining the standards for ethical practices by City staff. Individuals conducting procurement activities shall comply with these policy standards at all times. In addition, all individuals responsible for procurement activities shall perform their responsibilities with the highest level of professionalism, integrity, and civic stewardship. B. Gifts and Favors (HR 12) The City has established the Gifts and Favors Policy (HR 12), which requires that public employees be independent, impartial, and responsible to the people, and that Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-015 CMPD Procurement Process Effective Date 07/25/2014 11 of 11 public positions not be used for personal gain. Individuals responsible for procurement activities are explicitly prohibited from the solicitation and acceptance of gifts or favors in any amount, including but not limited to any actual or promised payment (Kickbacks), gifts, donations, services, or other offerings. C. Conflict of Interest (HR 13) The City has established the Conflict of Interest Policy for City, Secondary, and Other Employment Relationships (HR 13). Individuals responsible for procurement activities shall employ principles of fairness and avoid favoritism or personal gain in their activities so as not to create situation which represent actual conflict of interest, or the reasonable appearance of a conflict. (G.S. 14-234-1) XVII. REFERENCES Citywide Procurement Policy City Travel Policy G.S. 14-234-1 Charlotte-Mecklenburg Police Department Military Leave Policy Interactive Directives Guide Effective Date 12/08/2014 I. 300-016 1 of 5 PURPOSE The purpose of this directive is to provide guidelines concerning the Department’s and employee’s rights and responsibilities when the employee performs duties as part of the Uniformed Services of the United States. II. POLICY The Charlotte-Mecklenburg Police Department is committed to supporting employees in the Uniformed Services. In accordance with federal and state law, it is the Department’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person’s membership in or obligation to perform services for any of the Uniformed Services. Specifically, no person will be denied employment, reemployment, reinstatement, promotion, or any other benefit on the basis of such membership. Furthermore, no person will be subjected to retaliation because such person has exercised his or her rights under this directive. This policy provides an outline of rights and expectations. Additional details and information may be obtained by contacting Human Resources to discuss your specific situation. III. IV. DEFINITIONS A. Short-Term Military Leave: Any military leave up to 30 days. The 30 days may involve consecutive days or may be fragmented (for example, monthly training exercises). B. Extended Military Leave: Any military leave for any period over 30 days and up to 5 years. C. Uniformed Services: The Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. This includes the Reserve or National Guard components and any other category of persons designated by the President in time of war or national emergency. REPORTING DISCRIMINATION If any employee believes that he or she has been subjected to discrimination in violation of this directive, the employee should immediately contact a Human Resources representative for assistance. V. PROCEDURES A. Military Leave – Notice to the Department 1. An employee who has received written or verbal military orders shall notify their direct supervisor and Human Resources as soon as such orders have been received by the employee. 2. The employee should notify his/her direct supervisor if such orders are anticipated by the employee. Charlotte-Mecklenburg Police Department Military Leave Policy Interactive Directives Guide Effective Date 12/08/2014 3. B. 300-016 2 of 5 No advance notice is required if such notice is precluded by military necessity or under circumstances in which the giving of such notice is otherwise impossible or unreasonable. Department Property Employees who will be absent for military leave for more than 30 days will return all issued uniforms and equipment to the Property and Evidence Management Division no less than twenty-four hours before the start of the military leave. C. Scheduling 1. 2. VI. Requirements for Returning to Work: a. Service of 1-30 calendar days: The beginning of the first regularly scheduled work period on the first full day following completion of service and expiration of an 8 hour rest period following safe transportation home. b. Service 31-180 calendar days: Application for reinstatement must be submitted no later than 14 days after completion of military duty. c. Service of 181 or more calendar days: Application for reinstatement must be submitted no later than 90 days after completion of military duty. Drill Scheduling Conflicts: In the event that an employee’s drill creates an undue hardship on a division’s staffing, it is within the supervisor’s rights to request the employee request drill be rescheduled or the supervisor reserves the right to contact the employee’s military chain of command to see if an agreed upon solution may be worked out. If the military commander determines that the military duty cannot be rescheduled or canceled, the employer is required to permit the employee to perform his or her military duty. BENEFITS DURING MILITARY LEAVE A. Insurance As an employee of the City of Charlotte, employees are eligible to continue benefits during their leave of absence. Employees should meet with CMPD Human Resources to establish a benefits plan which best suits each employee’s unique situation. B. Retirement Plan Upon re-employment the employee will be credited for purposes of vesting with the time spent in the Uniformed Services. Upon re-employment, the employee may elect to make contributions that the employee would have paid had the employee not entered the Uniformed Services. Employees must contact CMPD Human Resources in order to properly complete this process. C. Vacation Charlotte-Mecklenburg Police Department 300-016 Military Leave Policy Interactive Directives Guide Effective Date 12/08/2014 3 of 5 The employee may, at his or her option, use any or all accrued vacation leave during short term or extended military leave. D. VII. Payroll 1. Military Training Leave is to be designated as “MLS – Military Leave Time” in the approved payroll system. 2. A regular employee may be granted up to two (2) weeks of Military Training Leave for required annual training as a member of the Uniformed Services. While on Military Training Leave, the employee shall be paid for one-half of his or her scheduled workdays during the approved leave period. The remaining scheduled workdays during this period at the employee’s option, may be charged to accrued vacation leave, or be taken as leave of absence without pay. The time paid is not counted towards time worked in the calculation of overtime. 3. Employees shall provide advance notice and a copy of their training orders to Human Resources prior to the training. 4. The remaining scheduled workdays during this period may be designated as vacation leave or leave without pay, at the employee’s choice. 5. Unused Military Training Leave: Military training typically occurs for two weeks in a specific calendar year (ten work days), there are instances when military training leave is not used in one calendar year, but scheduled for twice in the next calendar year because of differences between the calendar year and the military fiscal year. When this situation occurs, the employee may request that the unused portion of military training leave be applied to the next year’s leave, not to exceed ten days of paid military leave in a two year period. Employees are required to make such requests directly to CMPD Human Resources. ELIGIBILITY FOR EMPLOYMENT RESTORATION A. A member of the uniformed services shall be required to meet the following criteria to be eligible for full reemployment restoration with the Department: 1. The employee must be in compliance with the notification requirement in section V-A-1. 2. The employee’s cumulative length of absence and of all previous absences from a position of employment with the City by reason of their military service generally cannot exceed five (5) years. Any employee who believes that their cumulative length of absence will exceed five (5) years shall contact Human Resources to determine if there is statutory exception to this general requirement. The five year total excludes certain activity such as inactive duty training (drills) and annual training. Charlotte-Mecklenburg Police Department Military Leave Policy Interactive Directives Guide Effective Date 12/08/2014 B. VIII. 300-016 4 of 5 3. The employee must have, at the time of discharge from active duty, satisfactorily completed their service obligations and the release/discharge must be “honorable” “general” or “under honorable conditions.” 4. The employee must report to, or submit an application for reemployment to, the City in accordance with the following guidelines. a. Uniform Service of 30 calendar days or less. The employee must report to their direct supervisor within eight (8) hours after the beginning of the first full regularly scheduled work period following the completion of the period of service. In the event it is impossible or unreasonable, through no fault of the employee, to report before the expiration of the eight hour period, then the employee must report as soon as possible. b. Uniform service of 31 to 180 calendar days: The employee must submit an application for reemployment with the City not later than fourteen (14) calendar days after the completion of the period of service unless submitting the application is impossible or unreasonable in which case the employee may submit the application the first full calendar day when the submission of the application becomes possible. c. Uniform service for more than 180 calendar days: The employee must submit the application for reemployment with the City not later than ninety (90) calendar days after the completion of the period of service. An employee who fails to report pursuant to the above requirements will be treated as absent without leave and subject to the City’s disciplinary process. EMPLOYEE REINSTATEMENT RIGHTS An employee returning from uniformed service shall be promptly re-employed in a position of employment in accordance with the following order of priority: A. B. Uniformed Service 90 calendar days or less 1. The employee will be employed in the position which he/she would have been employed with the City had not his/her employment been interrupted by Uniformed Service; or 2. If the employee is not qualified to perform the position described immediately above after reasonable efforts are made to qualify him/her, then the employee will be employed in the position of employment in which he/she was employed on the date of commencement of the service. Uniformed Service more than 90 calendar days 1. The employee will be employed in the position of employment in which he/she would have been employed with the City had not his/her employment been interrupted by Uniformed Service or a position of like seniority, status, and pay, the duties of which the employee is qualified to perform; or Charlotte-Mecklenburg Police Department Military Leave Policy Interactive Directives Guide Effective Date 12/08/2014 IX. 300-016 5 of 5 2. If the employee is not qualified to perform the duties referred to immediately above after reasonable efforts are made to qualify him/her, in the position of employment in which he/she was employed on the date of the commencement of service, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. 3. In the event the employee is not qualified to be employed as set forth in 1 and 2 above and, after reasonable efforts are taken by the City, the employee will be employed to a position of equivalent pay and benefits. ADDITIONAL INFORMATION & RESOURCES This directive provides an outline of basic rights and expectations. Additional details and information may be obtained by contacting your HR Representative to discuss your specific situation. Additionally, employees may access the United States Department of Veterans’ Affairs by calling (800) 827-1000 or through their web site at www.va.gov. The booklet "Federal Benefits for Veterans, Dependents, and Survivors" is available on the web site or from the nearest Veterans’ Affairs office. Please note that the information provided in this directive is intended only to provide a summary of some of the benefits available to employees on military leave in an easy to understand format. It is not intended to provide full descriptions of all applicable laws, benefits plans or programs, terms of eligibility, or plan restrictions. X. REFERENCES 300-001 Scheduling, Timekeeping and Attendance 300-013 Return to Duty 400-001 Uniforms 400-003 Equipment Rights of Applicants For, and Service Members and Former Service Members of the Uniformed Services (7-01-02 Edition) Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) 38 U.S.C. 4301-4335 32 CFR Part 104 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Harassment and Discrimination Policy Effective Date I. 300-017 12/08/2014 1 of 5 PURPOSE To establish CMPD policy and procedures for the investigation and resolution of complaints concerning harassment, discrimination and retaliation. II. POLICY A. B. III. CMPD is committed to preventing any form of harassment, discrimination or retaliation from occurring in the workplace or in any interaction with the public. CMPD is further committed to creating and maintaining a working environment in which all employees work together in an atmosphere free from all forms of harassment, discrimination, or retaliation. CMPD will strictly adhere to the following: 1. CMPD will not tolerate or condone harassment, discrimination, or retaliation based on race, religion, color, sex, national origin, sexual orientation, age, disability, or political affiliation. 2. CMPD employees, including volunteers and contract employees, will treat all employees and members of the public equally, regardless of race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation. 3. CMPD shall investigate all complaints of harassment, discrimination, or retaliation fairly and impartially in a timely manner. 4. CMPD employees who witness or experience any form of harassment, discrimination, or retaliation, from an employee, visitor, contractor, or anyone on City property are required to promptly report the incident(s) in accordance with Section IV. (B) of this policy. 5. CMPD employees in supervisory positions who witness, directly or indirectly, or are made aware of any harassment, discrimination, or retaliation, shall report the incident to the CMPD Human Resources Division Director or designee. A formal complaint by an employee is not required before the duty to report applies. 6. Violators of this policy shall be subject to appropriate disciplinary action, in accordance with CMPD’s disciplinary philosophy. CMPD employees shall conduct their duties and responsibilities free from harassment, discrimination, or retaliation in accordance with this policy and the laws of North Carolina and the United States. The laws covered in this directive include the following: 1. Title VII of the Civil Rights Act of 1964 (as amended) 2. The Age Discrimination in Employment Act 3. Americans with Disabilities Act (as amended) DEFINITIONS Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-017 Harassment and Discrimination Policy Effective Date 12/08/2014 2 of 5 A. Covered Employees: All personnel, including sworn personnel, non-sworn personnel, contract employees, part-time employees, temporary employees, volunteers, and interns. B. Employment Discrimination: Unfair treatment of protected persons because of the person’s race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation. This may include a refusal to hire, different job assignments, harassment, the denial of a raise, a transfer, denial of promotion or assignment, unfavorable performance evaluation, discipline or discharge, or other term of employment. C. Harassment: Unwelcome, hostile or abusive conduct, whether verbal, non-verbal or physical, directed to an employee because of the employee’s race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation which: D. E. 1. Adversely affects an employee's conditions of employment 2. Interferes with an employee's ability to perform his or her job 3. Creates an intimidating or hostile work environment (as defined below) Sexual harassment: Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 4. Sexual harassment does not refer to occasional compliments of a socially acceptable nature or welcome social relationships. 5. Sexual harassment may occur between persons of the same sex as well as the opposite sex. Hostile Work Environment: A workplace environment that a reasonable person, considering the totality of the circumstances, would find offensive or intimidating due to severe or pervasive conduct that alters the conditions of employment and creates an abusive working environment. An abusive work environment includes a workplace permeated with discriminatory intimidation, ridicule, bullying, or insult based on an employee’s race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation. Factors that may contribute to a hostile work environment include, but are not limited to: Charlotte-Mecklenburg Police Department Interactive Directives Guide Harassment and Discrimination Policy Effective Date F. IV. 300-017 12/08/2014 3 of 5 1. The severity of the conduct. 2. The frequency of the conduct. 3. Whether the conduct is physically threatening or humiliating or a mere offensive utterance. 4. Whether the conduct unreasonably interferes with the employee’s work performance. 5. Whether the alleged harasser was a co-worker or a supervisor. Retaliation: Verbal, non-verbal or physical conduct, treatment or discrimination, intended to intimidate, interfere with, or discourage an employee from reporting harassment or filing a complaint; or conduct or treatment intended to intimidate an employee into abandoning a pending complaint. Retaliation towards any employee reporting harassment, discrimination or retaliation of any kind will not be tolerated. PROCEDURE A. Prohibited Conduct 1. No employee shall harass or otherwise discriminate against an individual based on that individual’s race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation. 2. No employee shall retaliate, or otherwise discriminate, against an individual because that individual has opposed any act or practice that is in violation of this policy or the law, or because that individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing concerning allegations that an employee has violated this policy or state or federal law. Adverse action cannot be taken against an employee for the filing of a complaint or for assisting in an investigation. 3. No employee shall coerce, intimidate, threaten, retaliate or interfere with any individual in the exercise of the rights contained in this policy or because an individual aided or encouraged any other individual in the exercise of the rights contained in this policy or provided for by law. 4. Employees shall not engage in non-verbal, verbal or physical behaviors or other acts that are unwelcome and are based upon that person’s race, religion, color, sex, national origin, sexual orientation, age, disability or political affiliation. This includes, but is not limited to, the following: a. Unwelcome statements that are degrading, including name-calling, demeaning remarks, teasing, innuendoes, suggestive comments or statements, slurs, epithets, jokes, offensive, suggestive or insulting sounds, whistling, propositions or threats including sexually suggestive conduct. b. Requesting sexual favors or making unwelcome sexual advances that Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-017 Harassment and Discrimination Policy Effective Date 12/08/2014 4 of 5 may be accompanied by pressure, threats or demands directed at an employee. B. c. Displaying suggestive, graphic or derogatory objects, pictures, materials, graffiti, symbols or commentaries in the workplace including e-mails and the use of the computer. d. Unwelcome physical conduct such as touching, pinching, grabbing, brushing against the body, assaulting or committing any other physical violence or physical threats against another employee. This includes blocking a person’s path, following a person, making suggestive, offensive or derogatory gestures or facial expressions. Complaint Reporting Process 1. Complaints regarding instances of harassment, discrimination, or retaliation, shall be reported in a timely manner to any of the following: the employee’s immediate supervisor, any supervisor, the CMPD Human Resources Division, or the City of Charlotte Human Resources Department. An employee is not required to follow the chain of command in making a complaint. 2. If the employee believes that the alleged harasser may not be aware that the conduct or behavior is unwelcome, the employee may choose to inform the alleged harasser that the conduct or behavior is unwelcome. This procedure should be reserved only for minor or incidental comments or jokes that, while inappropriate at the workplace do not rise to the level of harassment. If the conduct or behavior continues, the employee must report that conduct or behavior. 3. An employee is not required to inform an alleged harasser that the conduct is unwelcome prior to reporting the matter. 4. Employees shall cooperate with any investigation of a violation of this policy and shall provide all relevant information. 5. Employees shall follow this complaint procedure in the event of harassment from any City vendor or other outside contractor or non-employee doing business with, or attempting to do business with the City. This includes other agencies or groups with which an employee is required to interact as part of the employee’s job responsibilities. 6. Regardless to whom the complaint is made, the employee should provide the following information: a. Their name, title and work assignment. b. The name and title of the person(s) committing the harassment, discrimination, or retaliation. c. The specific nature of the harassment or conduct complaint, how long it occurred, any employment action (demotion, failure to promote, Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-017 Harassment and Discrimination Policy Effective Date 12/08/2014 5 of 5 dismissal, refusal to hire, transfer, etc.) taken as a result of the harassment or conduct, or any other threats made as a result of the harassment, discrimination, or retaliation. C. D. V. d. Witnesses to the harassment, discrimination, or retaliation. e. Details of any previous reports of a similar nature involving the alleged harasser or any related complaints. 7. A supervisor receiving a complaint shall make an initial inquiry to determine whether any action needs to be taken to protect the complainant pending an investigation. 8. Compliance with this policy shall not impact any employee’s ability to pursue a claim with the Equal Employment Opportunity Commission or any other appropriate federal agency. Complaint Investigation 1. The City of Charlotte Human Resources Department is responsible for investigating all internal complaints alleging harassment, discrimination, or retaliation, unless there is a conflict of interest. 2. All complaints will be handled in a timely and confidential manner. Information concerning a complaint shall not be released to anyone who is not directly involved with the investigation. The purpose of this provision is to protect the confidentiality of the employee who files a complaint and to encourage reporting of incidents of harassment, discrimination or retaliation. 3. Internal Affairs will receive a notification of the disposition of all complaints for review. Discipline 1. Discipline under this policy will follow the City's guidelines outlined in the City of Charlotte Policy HR-5 Harassment, Exhibit 1. Disciplinary Schedule. 2. CMPD Internal Affairs may initiate a separate departmental disciplinary investigation, not inconsistent with City Policy. REFERENCES Title VII of the Civil Rights Act of 1964 (as amended); 29 C.F.R. 1604.11, 1630.12. The Age Discrimination in Employment Act The Americans with Disabilities Act Rules of Conduct 100-004 Discipline Philosophy 200-001 Discipline Internal Investigations and Employee Rights City of Charlotte Policy HR-5 Harassment CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Performance Review and Development (PRD) Effective Date 06/04/2015 I. 300-018 1 of 12 PURPOSE This directive establishes the proper method for planning and completing the City of Charlotte Performance Review and Development employee evaluations. II. POLICY The City of Charlotte has adopted a pay-for-performance philosophy to reward employees based on the level of their achievements. The performance review process provides opportunities for supervisors and employees to communicate and to ensure that employees receive consistent verbal and written feedback about their performance. Also, by communicating about the quality and value of their performance and behaviors, employees will be able to achieve continuous improvement that will contribute to the achievements of the Charlotte Mecklenburg Police Department. Since performance reviews are often used to make personnel decisions, they are subject to Equal Employment Opportunity (EEO) guidelines. Therefore, the performance review process must be consistently applied, be job-related, and based on clear and non-arbitrary criteria. All decisions and judgments should be based on the achievements of the individual. III. DEFINITIONS A. Performance Review and Development: The Performance Review and Development (PRD) is the City of Charlotte’s formal employee performance management and appraisal program. The PRD is a performance management, planning, coaching, review and development program that focuses on specific or performance standards that are specific to the employees assignment, that are to be achieved by employees during the rating period. B. Performance Ratings: 1. Exceptional Performance (X): Performance consistently exceeded job requirements and employee regularly produced superior and unique results. Ratings of Exceptional require written explanatory comments. 2. Performance Exceeded Expectations (E): Performance met and frequently exceeded job requirements. 3. Performance Achieved Expectations (A): Performance met and occasionally exceeded job requirements. 4. Marginal Performance (M): Performance did not consistently meet or only met minimum job requirements. Rating indicates that there is room for improvement. 5. Unacceptable Performance (U): Performance rarely met or did not meet job requirements and/or performance standards. Employee is placed on performance probation. Ratings of unacceptable performance require written explanatory comments. Charlotte-Mecklenburg Police Department Interactive Directives Guide Performance Review and Development (PRD) Effective Date 06/04/2015 IV. 300-018 2 of 12 C. Supervisor: That employee, sworn or civilian, who is directly responsible for the actions of those employees directly subordinate to them. D. PRD Reviewer: That supervisor, sworn or civilian, who is directly responsible for the actions of a subordinate supervisor. PROCEDURE Performance Evaluations must be conducted and documented on an annual basis. The due date of the evaluation is one calendar year from the last evaluation date except in the case of promotion, demotion, change of job class, or performance probation. A. Employee Responsibilities It is the employee’s responsibility to review their work utilizing the expectations of their supervisors and to understand how their achievements contribute to the success of CMPD. 1. 2. Key Responsibilities: a. Maintain open and frequent communication with your supervisor. b. Request the tools and support you require to take greater ownership of your performance and future development. c. Be sure you know the behaviors that are expected for your success and how your behavior impacts the success of your co-workers, department and your own performance. d. Be proactive about talking to your supervisor about what you can do to perform better; be sure you know what is expected of you; understand your performance strengths and weaknesses, and work with your supervisor to develop and follow a plan for your future growth. e. Keep a copy of your objectives for the year. Refer to the objectives regularly to assess your performance and evaluate your progress. f. Know your performance review/merit date. If you don’t know, ask your supervisor. Employee’s role in preparation for the year-end performance review conference: a. Complete your achievement report or pre-appraisal worksheet on time and provide this information to your supervisor prior to the year-end performance review conference. b. Be prepared to discuss your performance openly and honestly with your supervisor; think positively about your supervisor’s comments in order to maintain a high standard of performance. Charlotte-Mecklenburg Police Department Interactive Directives Guide Performance Review and Development (PRD) Effective Date 06/04/2015 B. 300-018 3 of 12 c. Bring your notes and ideas for new objectives with you for your discussion with your supervisor about your performance plan for the next review period. d. You will be asked to sign your performance review form at the end of the review conference; remember your signature does not mean that you agree with the evaluation. e. Provide your comments on your performance review form whether you agree or disagree about the accuracy and fairness of your review. Your supervisor and reviewer will review your comments. You should submit your comments soon after your performance review has been discussed with you. f. Request a copy of your completed and signed PRD for your records. Supervisor Responsibilities It is the supervisor’s responsibility to formally and informally review and evaluate employees’ performance as it relates to Division/Department objectives and help employees understand how their achievements contribute to the success of CMPD. 1. Key Responsibilities: a. Set expectations for achievement of objectives and self-management. b. Give employees the tools and support to assist them with taking greater ownership for individual performance and future development. c. Ensure that employee’s performance plan or objectives are aligned with the Department’s business plan and initiatives. d. Communicate with the employee about performance expectations, job standards and goals/objectives. When new standards are adopted, amend the job descriptions and performance plans and inform the affected employees. e. Ensure that goals and objectives include appropriate performance measures. f. Ensure that employees receive relevant and frequent feedback on performance, achievements and areas of weakness. Vague, generalized or subjective evaluations are not helpful and can lead to misunderstandings. g. Occasionally, the performance review process involves the need for constructive criticism, corrective action and clarification of what is expected, including the consequences to the employee if the required level of performance is not met. Charlotte-Mecklenburg Police Department Interactive Directives Guide Performance Review and Development (PRD) Effective Date 06/04/2015 2. 300-018 4 of 12 h. Promptly deal with poor performance or non-productive employees. When supervisors tolerate poor performance for extended periods, they are giving employees a wrong message. i. Maintain on-going employee performance communication throughout the performance review period so that there are no surprises when evaluating an employee at the end of the review period. Supervisor’s role in preparation for the year-end performance review conference: The year-end review is a time for evaluating the employee’s performance in terms of achievements and behaviors in relation to outcomes, responsibilities, personal development, and contributions to organizational and team success. Frequent feedback between supervisor and employee during the review period will ensure that there are no unpleasant surprises in the year-end review. a. Get the employee’s input and perspective before finalizing a performance review. Employee input includes but is not limited to the following sources: (1) Completed employee pre-performance review or achievement reports. (2) Meetings with the employee to discuss documented performance achievements; (3) Information from any work documentation communication with the employee; (4) Input from the reviewer when preparing Supervisor’s Comments and recommending a final rating level to the reviewer. and ongoing b. Obtain the reviewer’s signature on the PRD concurring with the overall performance rating prior to the performance conference. c. Before conducting the performance conference, be sure to schedule a time with the employee in advance. This will give the employee an opportunity to prepare and review achievements, consider areas that need to be strengthened and begin to plan for the next period. d. Schedule a time to discuss objectives to be included in the next PRD to ensure employee input in the performance planning process. e. Separate performance review and pay discussions. When having an annual performance discussion, it is best to keep the discussion focused on the employee’s performance. Hold the discussion on pay until the end of the performance conference or for another time. This will keep the focus on the employee’s performance and not distract the employee from the developmental benefits and opportunities related to Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 5 of 12 the discussions on performance. C. f. Share employee comments on the PRD with the reviewer. Take appropriate action as needed. g. Provide the employee with a copy of the signed and completed PRD. h. Inform the employee of merit increase before it shows up in the employee’s paycheck. i. Send the completed PRD including employee comments to the Department’s Human Resources Division. j. The end of the discussion on the current year’s performance is a good time to begin planning for the next review period. The preparation of the new Performance Plan should be finalized within four to six weeks after the conclusion of the current performance review process. Reviewer Responsibilities The role of the Reviewer is important in order to ensure that each employee receives a meaningful and clear message about their performance and to ensure that job assignments and performance are aligned with the department’s business plan. 1. Key Responsibilities: a. Ensure that employees are treated fairly and consistently in regards to performance ratings, compliance with policies, rules and legal matters or concerns. b. Ensure that supervisors receive assistance with resolving performance problems. c. Ensure that performance reviews are completed on time. d. Ensure that year-end performance evaluations are reviewed, discussed with the supervisor prior to the discussion with the employee. e. Ensure that the supervisor’s evaluation of the employee is respected. The reviewer should avoid using the performance evaluation process for micromanaging the supervisor. f. Discuss the reasons for proposed changes to the supervisor’s comments or recommended ratings before making them. The goal for both the reviewer and supervisor is to listen to each other and reach agreement or compromise. g. Ensure that there is a level of consistency in ratings and compliance with policies, rules and legal matters or concerns. h. For broadband employees, prepare a separate memorandum regarding Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 6 of 12 pay matters including merit increases through the Chain of Command, through the Human Resources Division, to the Chief of Police. Recommendations concerning pay will not be discussed with employees until they are finalized by Human Resources and the Chief of Police. 2. D. i. Review all employee comments after completion of the performance review process and take appropriate action, if needed. j. Include objectives related to effective supervision, effective use of the performance management system and timely completion of performance reviews in the performance plan for each subordinate supervisor. Reviewers Role in Preparation of the Performance Review Process: a. Review employee performance plans/objectives with supervisors at the beginning of the performance review year and recommend changes, if necessary. b. Review the completed employee performance review submitted by the supervisor. The completed PRD should include all relevant documents, written comments by the supervisor, recommended ratings for each objective and a recommended overall rating. c. Discuss areas where there is not full agreement between the reviewer and supervisor. The supervisor, who works with the employee on a dayto-day basis, often may have more information/observations to offer concerning the area of disagreement. d. Ensure that the performance message to the employee is complete and clear. The documentation in the performance review and supervisor’s comments should be honest and helpful to the employee. e. Work with the supervisor to help them rewrite, add or delete supervisory comments that may be needed. f. After reviewing the PRD, the reviewer must sign the PRD. g. In difficult or unusual circumstances, or for interpretation of ADA or FMLA issues related to evaluating performance, get advice from departments Human Resources Division. h. View any written comments submitted by employees on their year-end PRD form and discuss appropriate action with the supervisor and ensure appropriate follow-up. The Performance Review Conference 1. A successful performance review session requires input by both the supervisor Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 7 of 12 and employee. It is the supervisor’s opportunity to let employees understand the value of the performance review, to give credit for their strengths and to plan ways for employees to improve performance where needed. It is also the employees’ opportunity to express their feelings about their performance, strengths and needed improvements. 2. Supervisors should discuss the completed performance review, the rating and merit increase with the reviewer and obtain the reviewer’s comments and signature. Supervisor should review again your rating of the employee’s performance. 3. a. Ensure you have considered the employee input; b. Consider why you rated the employee as you did; c. Have available specific facts or illustrations of job performance to support your rating and comments; d. Define the major purpose of the conference and the goals you hope to achieve; e. Outline the items you want to discuss. (This outline should be used as a guide.) During your actual discussion with the employee, you may wish to vary the order to meet the employee’s need. However, having a plan will enable you to cover important points without wasting time or causing embarrassing confusion. f. Set the time and place for the conference and inform the employee. Allow enough time for the review conference to be conducted in a relaxed manner. Do not schedule the conference too soon after a disciplinary action or disagreement. The conference should be held at a location that will allow for privacy and freedom from interruption in a neutral setting. The discussion should be treated as confidential. g. Notify the employee well in advance (several days) of your intention to hold a performance review conference. This advance notice will give the employee a chance to prepare for the conference. When conducting the performance review conference the supervisor should review each objective/goal and encourage the employee to give feedback as needed. a. Discuss the rating for each objective and relate it to specific incidents or accomplishments. Emphasize both positive and weak aspects of performance to provide a complete picture of the job performance. b. In situations where there has been a performance issue, summarize the information and define the problem by identifying the performance Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 8 of 12 standard and stating the reason it has not been achieved. Focus on the problem or behavior, not the person. E. c. Establish objectives for improvement jointly with the employee. d. Inform the employee about the overall rating. e. Allow the employee to react to the evaluation, the review process or any related issues. Discuss with the employee any extenuating circumstances that affected the performance rating. Although the employee may not agree with all the ratings, try to ensure that the employee understands the reasons for the ratings. f. The employee must sign the performance form to indicate that the review was discussed; the employee’s signature does not indicate agreement. If an employee refuses to sign the performance review form, the supervisor should note that on the form, or request a higher level supervisor to witness the refusal by initializing and dating the review form. g. Discuss goals for the next evaluation period, even though the performance plan for the next period may not be finalized during this conference. h. Include career counseling relative to advancement, specialization or additional training that would assist the employee in their current position. This counseling may also include additional training that would assist the employee in obtaining any desired positions. i. Provide the employee with a copy of the signed and completed PRD. j. Share employee comments with the Reviewer and then forward the PRD including employee comments to the Department’s Human Resource Division. Documenting Performance 1. Documentation is an important part of the PRD program; documentation is a written record of employee accomplishments and performance incidents, based on job requirements and expectations. 2. Although supervisors are required to document employees’ performance, documentation is not a record of everything the employee does. a. Documentation should record only those incidents, actions and behaviors that are relevant to monitoring and reviewing performance. Typically, incidents, actions and behaviors outside the range of “Performance Achieved Expectations” should be documented. Charlotte-Mecklenburg Police Department Interactive Directives Guide Performance Review and Development (PRD) Effective Date 06/04/2015 F. 300-018 9 of 12 b. Documentation should describe specific information about actual performance. It should be developed from direct observation and be factual, job-related, specific, and consistent. c. Documentation of continued poor performance is necessary to ensure the employee is aware of the issue or problem and understands the consequences of the failure to improve. d. Documenting and discussing poor performance as soon as incidents occur is recommended to give employees the maximum time to improve. Documentation should be specific about the incident and should also include changes expected. e. Poor performance needs close monitoring. The goal is to help the employee improve performance to an acceptable level, if possible. f. The employee needs to understand what performance they need to improve, what the supervisors expectations are, how quickly the improvement needs to occur and what the consequences will be if sufficient improvement is not made. g. In addition to documenting poor performance, the supervisor should also document incidents, action and behaviors that describe the employee’s performance that exceeds job requirements. h. Employees should also be encouraged to monitor and document specifics of significant incidents of their own performance, which can be included in their performance review. Supervisor (Rater) Training All supervisors will receive training in the Performance Review and Development program during their initial First Line Supervisors Training and/or the Cities Quest Supervisory Training Program. The PRD program will be taught by a representative of the Departments Human Resources Division and will include the development of employee performance objectives, proper completion of the various PRD forms, proper documentation of employee activities and methods on conducting the performance review conference. The Department’s Human Resources Division will constantly monitor the PRD process and the quality of the submitted PRD forms in order to develop any additional training required. G. Probationary Evaluations 1. Probationary Employees Probationary sworn employees will be reviewed on a quarterly basis and these reviews will include a brief description of employee performance and performance goals for the next quarter. These quarterly reviews are especially Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 10 of 12 important for entry level employees to ensure their suitability for the position and to ascertain whether they can actually perform the required functions of their assignment. a. b. Sworn Employees 1) All probationary sworn employees will receive their first quarterly review after the first three months of basic recruit training. This review will include, at a minimum, a review of their academic and physical training performance. 2) The second quarterly report will be generated upon graduation from basic recruit training. This review will be an overview of their performance while in basic training. The PRD form “Initial Review” (which is required at the end of the first six (6) months of employment) will be used to document the second quarter. 3) The third quarterly review will consist of the “Mid Term Evaluation Form” in the PTO program. This evaluation comes after the first three months of assignment to a Police Training Officer. The quarterly review form may be used but should include similar information as in PTO Mid Term Evaluation. 4) The fourth quarterly review will consist of the “Final Evaluation Form” in the PTO program. This evaluation comes after completion of the PTO program. The quarterly review form may be used but should include similar information included in the PTO Final Evaluation Form. After completing this final quarterly review, the PRD will be completed as outlined in this directive. Civilian Probationary Employees Civilian probationary employees will be reviewed quarterly. At the end of the first six (6) months of employment the review will be documented on the PRD form “Initial Review”. 2. New Sworn Promotion Evaluations a. Per Article III. Sec. 4.61. of the Charlotte City Civil Service Ordinance, all newly promoted sworn personnel are on a probationary period of six (6) months from their effective date of promotion. These employees will be closely observed and evaluated by their supervisor to ensure their suitability for the position and to ascertain whether they can actually perform the required functions of their assignment. b. Upon promotion, the current PRD will be closed and a new one opened. c. The newly promoted employee’s supervisor will complete a quarterly review three (3) months and a PRD under “Promotion Probation” five Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 11 of 12 (5) months from the date the promotion becomes effective. d. 3. All quarterly reports will be promptly sent to CMPD Human Resources. Performance Probation Performance probation is designed to inform employees that their performance is unacceptable and they have a limited time to improve or they will be demoted or terminated. Non-probationary employees must be advised in writing that their performance is deemed to be unsatisfactory prior to the end of the annual rating period. H. a. An employee may be placed on performance probation for unacceptable performance at any time during the year with chain of command concurrence and approval of the department’s Human Resources Division Director. This will only occur should an employee’s performance suddenly reach a level that the employee or department is placed at risk due to non-performance. The strong message of this action is that immediate improvement or change is mandatory. b. Employees are typically placed on performance probation for 90 days. If sufficient improvement has not occurred during that period, the employee may be terminated, or the probationary period can be extended for an additional 90 days. c. Employees should not be placed on performance probation for longer than six months except in extenuating circumstances. d. Employees on performance probation at any time during the year may not be eligible for incentives and other awards that may be available to City employees. e. Employees placed on performance probation will have their merit dates extended by the length of time they are on probation. f. To place an employee on performance probation, the supervisor must close out the current PRD and assign a rating of Unacceptable with appropriate documentation to justify placing the employee on probation. Evaluation Appeal The Performance Review and Development process is designed to provide an opportunity to communicate and ensure that employees understand what is expected of them in order to meet the required level of performance. The process is much more than just a once-a-year conversation about performance. It involves daily leadership and ongoing feedback to and from the employee. It’s assisting the employee to be successful, by providing clear direction, guidance, correction and helping the employee achieve current objectives and future career goals. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-018 Performance Review and Development (PRD) Effective Date 06/04/2015 12 of 12 By following the steps outline in this directive the number of disagreements concerning performance evaluations will be kept to a minimum. Should an employee feel that the evaluation is not accurate they can appeal the evaluation as outlined below. I. 1. During the performance review conference the employee should ensure that the supervisor has all the information provided by the employee on the preperformance review and achievement report. If no written documentation was provided prior to the development of the PRD, the employee should ensure the supervisor has all information the employee feels is relevant to the evaluation. 2. If the conflict is not resolved at the performance review conference, the employee should schedule a meeting with the reviewer of the PRD. The name of the reviewer will appear on the front page of the PRD. Prior to the meeting the employee should submit a copy of the pre-performance review and achievement report and/or other written documentation to be used during the discussion with the reviewer. 3. If the conflict is not resolved during the conference with the reviewer, the employee may schedule a meeting with the next higher level in the command structure. The same procedure will be followed as in the conference with the reviewer. 4. The Deputy Chief of the appropriate service group will have the final decision as it relates to any appeals of evaluations from their chain of command. Records Retention Performance Review and Development files are considered part of an employee’s official personal file and will be maintained and disposed of as outlined under CMPD Directive 800-004. IV. REFERENCES PRD forms located on the CMPD Portal under Divisions, Human Resourses Division, PRD Updates &Forms CALEA Charlotte, North Carolina, Code of Ordinances Part 1-Charter, Chapter 4.-Administration, Article III. Civil Service Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-019 Physical Fitness and Wellness Effective Date 04/06/2012 I. 1 of 4 PURPOSE The purpose of this Directive is to inform employees of physical fitness/wellness programs and expectations of the Charlotte-Mecklenburg Police Department (CMPD). The functions of law enforcement require a level of physical fitness not demanded by many other professions. Therefore, CMPD encourages its employees to achieve and maintain reasonable levels of fitness for reasons of safety, health, job performance, professional appearance, and reductions in insurance costs and lost work days. II. POLICY All CMPD employees are encouraged to lead healthy lifestyles. CMPD will provide resources to all employees to assist them in making healthy lifestyle choices. In addition, all sworn employees (including reserve officers) will be required to participate in an annual Physical Ability Test (PAT). III. PERSONNEL A. B. Physical Fitness Coordinator 1. Reports to CMPD’s Training Director. 2. Responsible for the oversight of the CMPD’s Physical Fitness program. 3. Oversees physical ability testing. 4. Conducts fitness testing/counseling/initial guidance for individual officers. 5. Develops educational and promotional newsletter (with assistance from Training Staff, Fitness & Wellness Advisors, and the Department Wellness Ambassador). 6. Conducts training of Fitness & Wellness Advisors. 7. Conducts analysis and reports results of all aspects of program. 8. Works with Department Wellness Ambassador and CMPD Administration to develop wellness goals and administer directed programming. Fitness & Wellness Advisor 1. Designated by each division/unit. 2. Attends training provided by the Physical Fitness Coordinator and Wellness Works Office. 3. Coordinates and assists with administering the annual division/unit Physical Ability Test (under supervision of Physical Fitness Coordinator). 4. Provides follow-up guidance for individual officers. Charlotte-Mecklenburg Police Department Physical Fitness and Wellness Interactive Directives Guide Effective Date 04/06/2012 D. E. IV. 300-019 2 of 4 5. Serves as point of contact for division/unit for all CMPD-sponsored fitness events/competitions. 6. Serves as point of contact for division/unit for all City sponsored wellness programs. Training Coordinator (supervisor designated by division/unit) 1. Coordinates scheduling of sworn employees for their annual division/unit Physical Ability Test. 2. Responsible for assuring that all sworn employees in the division/unit comply with all of the requirements of the Physical Fitness and Wellness Directive. Department Wellness Ambassador 1. Serves as CMPD representative to City Wellness Works program. 2. Works with Physical Fitness Coordinator to develop wellness goals and associated programming. 3. Communicates Wellness Works information to Fitness & Wellness Advisors. PHYSICAL ABILITY TEST (PAT) All sworn CMPD Employees (including Police Reserves) are required to participate in the Physical Ability Test. A. Pre-test Review A health history review, blood pressure, weight, and body composition will be assessed by the Physical Fitness Coordinator prior to the PAT. This information will not be supplied to the Fitness & Wellness Advisors, Training Coordinator, or KBU Wellness Ambassador unless voluntarily offered by the employee being tested. The Physical Fitness Coordinator will be able to temporarily deny testing due to professional concerns regarding test safety. B. PAT Protocol Once the employee is cleared by the Physical Fitness Coordinator through the PreTest Review to participate in the PAT, the employee will proceed to the testing room where the Fitness & Wellness Advisor will administer the PAT. The PAT will consist of the following: 1. Run 200 yards 2. Step up and down on aerobic step bench 20 times (height = 8 inches) 3. Perform 15 complete push-ups. Chin must touch 4 inch mark on down position and full extension on up position (not required to be continuous) Charlotte-Mecklenburg Police Department Physical Fitness and Wellness Interactive Directives Guide Effective Date 04/06/2012 V. VI. 300-019 3 of 4 4. Perform 15 sit-ups with arms on shoulders and elbows touching knees (not required to be continuous) 5. Step up and down on aerobic step bench 20 times 6. Perform 15 complete push-ups. 7. Perform 15 sit-ups 8. Run 200 yards FITNESS ASSESSMENT A. Fitness Assessments and associated counseling will only be required for those sworn employees who do not pass the annual PAT (section IV) or who are unable to fully participate in the PAT. The Fitness Assessment will consist of an aerobic capacity test and a muscular endurance test (may be altered based on individual needs). B. The Fitness Assessment will be administered by the Physical Fitness Coordinator. The purpose of the Fitness Assessment will be to aid in fitness program design and to measure progress made after counseling. TEST APPLICATION AND REMEDIATION A. B. All sworn personnel (including reserve officers) will be required to participate in an annual Physical Ability Test (PAT) as described in Section IV. 1. Officers who successfully complete the PAT will return for testing with the assigned division/unit in the following calendar year. Successful completion will be defined as completing all test components in 6 minutes, 18 seconds or under. The test will conclude when all items are complete or the participant goes over 6 minutes, 18 seconds. 2. Officers who excel in PAT performance will receive the following (“Excellent” performance will be based on time of completion and will be age and gender adjusted). a. A commendation pin; b. A written notice of recognition to be placed in the employee’s personnel file; c. An exemption from the PAT in the following year. Fitness Testing and Counseling 1. Sworn employees who are unable to successfully complete the PAT or who are unable to fully participate in the PAT will be scheduled for a Fitness Charlotte-Mecklenburg Police Department 300-019 Physical Fitness and Wellness Interactive Directives Guide Effective Date 04/06/2012 4 of 4 Assessment and counseling session with the Fitness Coordinator. Follow-up guidance will be provided by the Fitness & Wellness Advisor as needed. VII. Sworn employees who are unable to successfully complete the PAT or who are unable to fully participate in the PAT will be required to participate in follow up counseling with the Physical Fitness Coordinator three months from the date of the first Fitness Assessment. 3. Voluntary fitness assessment and counseling services will be offered to civilian employees and sworn officers who successfully complete the PAT as requested. PROGRAMMING AND EDUCATION A. B. VIII. 2. Programming will be developed by the Wellness Works Office and the Physical Fitness Committee each year to support stated goals of the wellness effort. Employee participation in wellness programming will be voluntary. 1. Programming may include but will not be limited to; weight loss competitions, fitness competitions, and sporting events. 2. Program incentives may include but will not be limited to; participation awards (shirts, hats, etc.), prizes (i.e. electronics), and Physical Ability Test exemptions Education will include the following. 1. Monthly newsletter. 2. Initial and on-going training of Fitness & Wellness Advisors. 3. Counseling provided by Fitness Coordinator. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Police Critical Incident Stress Effective Date 12/17/2014 I. 300-020 1 of 4 PURPOSE To provide guidelines that will assist personnel in coping with extremely stressful incidents. II. POLICY Law enforcement duties often expose officers and support personnel to emotionally painful and highly stressful situations that cannot be resolved through normal stress coping mechanisms. It is the desire of the Charlotte-Mecklenburg Police Department to provide employees with information on coping with stress. CMPD will take immediate action after such incidents to safeguard the continued good mental and emotional health of all involved employees. III. DEFINITIONS A. Critical Incident Stress: An intense but normal reaction to any event that is sufficiently powerful enough to overwhelm usual coping mechanisms. Reactions to traumatic stress can continue for an extended period. These reactions may or may not seriously interfere with the ability to function in one's normal duties. Examples of critical incidents include:       shooting incidents; death or serious injury to a fellow officer; the sudden, unexpected or violent death of person well-known to the law enforcement community; multiple fatalities; death of a child; prolonged incidents such as hostage situations, particularly when a death or injury has occurred. B. Critical Incident Stress Debriefing: A structured debriefing following a critical incident designed to provide stress reduction and education in stress management. A debriefing is not an operational critique or investigation procedure. C. Post-Traumatic Stress Disorder: A psychological disorder that can result from exposure to short-term severe stress or the cumulative effects of prolonged milder stress. D. Critical Incident Support Supervisor: A supervisor dispatched to the scene that is not responsible for the crime scene whose primary responsibility will be to attend to the involved personnel. For the purposes of this Directive, "supervisor" refers to the rank of sergeant. E. Defusing: A brief informal discussion with employees affected by the incident with the Critical Incident Support Supervisor, the Shift Supervisor or the Division Commander/Unit Manager to ensure that the employees are emotionally stable and handling the situation properly. The defusing should be conducted prior to the end of the tour of duty but should not interfere with investigation or the integrity of scene. The defusing can be conducted individually or in a group setting. Charlotte-Mecklenburg Police Department 300-020 Police Critical Incident Stress Interactive Directives Guide 2 of 4 Effective Date 12/17/2014 F. IV. Debriefing: A formal discussion of the incident with employees who were involved in the situation. The debriefing should allow involved employees to explain their involvement and to ask questions. Confidential information critical to the investigation should not be shared during this session. The Personnel conducting the debriefing will be aware of indicators that an employee may be in distress. PROCEDURE A. Post-Critical Incident Procedures 1. Involved personnel will be removed from line duties pending investigation but will remain available for any necessary administrative investigations. As soon as practical, the employee(s) may be granted up to three (3) days of administrative leave with pay by his/her Division/Unit Commander. Additional administrative leave days may be approved by the Chief of Police or his designee. a. During this leave, the employee(s) administrative call-back needs. will remain available for b. The work status of the employee(s) will be reviewed by the employee's chain of command within ten (10) days of the incident. 2. Administrative investigations will be conducted as soon as practical. However, investigators will be cognizant of the traumatic stressors following a critical incident, and allow a break if necessary. 3. Peer support personnel will be available to employees following the incident. Peer Team members may sit with the employee during periods of waiting, contact family members if requested and provide for necessary physical needs such as a change of clothes, food, drinks, etc. 4. A brief defusing for all affected personnel is recommended as soon as is practical following a critical incident. If the affected personnel are clearly experiencing significant stress, the peer support personnel or psychologist may recommend a psychological debriefing. The affected personnel's unit commander/manager is responsible for arranging the debriefing. The debriefing should take place as soon as possible and should take place within 72 hours following the incident. Generally, defusing and debriefings should be mandatory, although supervisory staff have discretion to exempt attendance if it would constitute an unreasonable hardship for any individual to attend. It is recommended that all personnel directly involved in the incident, including communications personnel, attend the debriefing. 5. All officers and other personnel directly involved in a critical incident involving serious injury or death will meet with the CMPD’s psychologist for a confidential session to address post-incident trauma reactions and stress management. This session will be arranged by Human Resources. If possible, this session will occur within a few days of the incident, followed by a second session Charlotte-Mecklenburg Police Department 300-020 Police Critical Incident Stress Interactive Directives Guide Effective Date 12/17/2014 3 of 4 approximately 6-8 weeks after the incident. This will not be a fitness for duty evaluation and no report will be required from these visits, except that the employee did or did not attend. The employee's first line supervisor will work with Human Resources to ensure that the initial and follow-up appointments are made. B. 6. In the event of a critical incident involving serious injury or death to an officer, the CMPD recognizes that support personnel and non-sworn employees can be seriously affected. Psychological debriefing sessions may be arranged if needed. 7. The CMPD strongly encourages the family of the involved employee to take advantage of available counseling and support services. 8. The CMPD will make reasonable attempts to keep employees informed on a timely basis of critical incidents so that rumors are kept to a minimum. Agency members are encouraged to show the involved employees their concern and avoid insensitive comments about the incident. 9. When considering assignment for administrative duty following a shooting incident, return of the officer to the service area where he or she is most familiar may be helpful in their psychological adjustment. Determination of the assignment will be made with input from the affected officer(s). 10. Human Resources will evaluate on a case by case basis with the employee and their supervisor any need for additional Leave of Absence (LOA) or an accommodation requirement under the Americans with Disabilities Act As Amended (ADAAA) as a result of the incident. Response to Other Incidents Immediate supervisors of both sworn and non-sworn personnel will consider the impact of incident stress situations on individuals and on the unit’s functioning. They may consult with a peer support team member, who may decide to provide one to one support to the affected individual, or may recommend a psychological debriefing. The goal of all debriefings is to minimize the impact of incident stress and facilitate the return of affected personnel to active duties as quickly as possible. C. Stress Recognition A supervisor may request through CMPD Human Resources that an employee seek assistance or counseling from a mental health specialist or an Employee Assistance Program counselor, or psychologist based on a reasonable belief that stress may be disrupting the employee's job performance. V. REFERENCES 300-006 Limited Duty Policy 300-023 Employee Assistance Program Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-020 Police Critical Incident Stress Effective Date 12/17/2014 300-025 Peer Support 300-026 Line of Duty Serious Injury and Death Procedure Officer Involved Critical Incident SOP City of Charlotte Employee Assistance Program 4 of 4 Charlotte-Mecklenburg Police Department Interactive Directives Guide Fitness for Duty Effective Date 12/08/2014 I. 300-021 1 of 4 PURPOSE To establish a consistent procedure for ordering and implementing psychological fitness for duty evaluations of Charlotte-Mecklenburg Police Department (CMPD) employees. Fitness for duty evaluations are necessary for ensuring and maintaining the safety and welfare of the community and CMPD personnel. II. POLICY This policy is intended to provide an objective mechanism for the assessment of an employee’s mental and emotional ability to perform essential functions of their position. Employees will undergo fitness for duty evaluation only if the employee exhibits observable behavior that indicates continued service by the employee may be a threat to the safety of the employee or others or the inability of the employee to perform the essential functions of a CMPD employee. It is not the intention of this policy to interfere with a supervisor’s ability to recommend or suggest personal counseling to a subordinate, nor is this policy intended to alter or replace confidential peer support interventions or stress debriefings provided by CMPD as the result of critical incidents. III. PROCEDURES A. B. Scope of Conducting Fitness for Duty Evaluations 1. To reduce the likelihood of an employee from engaging in behavior harmful to self or others. 2. To determine fitness for continued duty when observed performance or behavior raises a reasonable question regarding an employee’s psychological fitness for duty. Criteria In order to determine the continued emotional and mental fitness of CMPD employees to carry out the essential job functions, all supervisors should be alert to any indication that an employee may not be emotionally or mentally fit. Such indications may include, but are not limited to, the following factors: a. An abrupt and negative change in customary behavior, objectively demonstrating an inability to perform essential functions of the position. b. Irrational verbal conduct or behaviors, including delusions or hallucinations. c. Suicidal statements or behaviors, or personal expressions of mental instability. d. Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use. e. A pattern of impatience or impulsiveness, especially with a loss of temper. f. Conduct indicating either an inability to defuse tense situations, or a tendency to escalate situations or create confrontations. Charlotte-Mecklenburg Police Department Interactive Directives Guide Fitness for Duty Effective Date 12/08/2014 g. 300-021 2 of 4 Any other factor or combination of factors that causes a supervisor to reasonably suspect that a fitness for duty evaluation may be necessary. The mere presence of any one factor or combination of factors may not be sufficient to order an evaluation. However, the presence of such factors should not be ignored and may lead to ordering an evaluation. C. D. Reporting 1. If an employee’s behavior indicates that emotional or mental fitness may be in question, the immediate supervisor and district/unit Captain/Manager should meet with the employee, if there is reasonable belief that doing so will not aggravate the situation. 2. The supervisors may inquire regarding the conduct, behavior, or circumstances that give rise to their concerns. Where appropriate, the supervisors may refer the employee to the Employee Assistance Program. 3. If the meeting does not relieve the supervisor’s concerns, or no meeting is conducted, the involved supervisor will contact the division commander and prepare a written report of the circumstances. The division commander will advise the Chief of Police or designee of the circumstances. Relief from Duty 1. 2. When an employee’s conduct is a threat to self or another's safety a supervisor will immediately relieve the employee of duty with pay pending further evaluation. a. In these cases, the supervisor will immediately notify his or her division commander and after normal business hours, the Watch Commander. b. In circumstances where the employee is a danger to self or others, the supervisor will insure that the employee obtains treatment. c. In circumstances where the employee refuses treatment but the employee is a danger to self or others, the supervisor will insure that an emergency commitment proceeding is initiated. d. Before ending his or her shift, the supervisor will prepare a report outlining the circumstances leading to the decision to relieve the employee from duty. This report will be completed and submitted to the division commander or Watch Commander. The Chief of Police or designee may relieve employees from duty with pay or reassign them as necessary, for public safety and/or the efficient operation of the CMPD, pending completion of an evaluation. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-021 Fitness for Duty Effective Date 12/08/2014 E. F. G. 3 of 4 3. Any CMPD owned weapon(s) and other CMPD property in the possession of the employee may be seized by the employee’s supervisor. The supervisor may place other weapons readily accessible to the employee in the custody of CMPD Property and Evidence Division for safekeeping with the consent of the employee. 4. The employee will be ordered not to exercise official police powers. 5. Nothing in this policy is intended to prevent or limit a supervisor from taking any emergency action reasonably necessary to protect life or property. Order for Evaluation 1. The Chief of Police may determine whether a fitness for duty evaluation is warranted. If an examination is warranted, it will be scheduled for the earliest opportunity. 2. The employee will receive a written order for the evaluation. Such order will include a brief description of the reasons for the ordered evaluation. It will also specify the date, time, and place of evaluation; the name of the psychologist/psychiatrist conducting the evaluation and a directive to cooperate completely and honestly with the psychologist’s/psychiatrist’s and/or staff requests. 3. A Human Resources Representative will coordinate and schedule all fitness for duty evaluations upon receipt of a written order from the Chief of Police or designee. 4. When a fitness for duty evaluation is ordered the Human Resources Representative will coordinate the daily duty status of the employee until a final disposition is reached. 5. All fitness for duty evaluations will be scheduled and conducted through the approved CMPD psychological services provider. Limited Scope of Fitness for Duty Evaluation Reports 1. The CMPD has a right to evaluation information that is necessary to achieve a legitimate purpose. This evaluation is ordered by, and conducted for, the CMPD. It is not for the purpose of treatment but to determine fitness for duty. 2. The report and information received by CMPD will be limited to: a. A conclusion regarding the determination of fitness for duty; b. A description of the functional limitations of the employee; c. Other information authorized by law, necessary to achieve a legitimate purpose of the employer. Disposition of Reports Charlotte-Mecklenburg Police Department Fitness for Duty Interactive Directives Guide Effective Date 12/08/2014 1. 2. H. 300-021 4 of 4 Depending upon the results of the evaluation and recommendation of the evaluator, CMPD may: a. Return the employee to full duty; b. Place the employee on temporary light, modified, or administrative duty; c. Remove the employee from any duties pending treatment and reevaluation; d. Conditionally allow full or modified duty on receipt of treatment; e. Institute or resume disciplinary proceedings as appropriate. It is always the CMPD’s intent to assist employees in resolving mental and emotional problems and achieve a return to full duty status. Confidentiality All information about an employee will remain confidential and may only be disclosed as provided in N.C.G.S. §160A-168. IV. REFERENCES 300-006 Limited Duty Policy 300-009 Employee Drug and Alcohol Testing 300-010 Administrative Leave Policy 300-013 Return to Duty 300-023 Employee Assistance Program 300-025 Peer Support Program N.C.G.S. §160A-168 Charlotte-Mecklenburg Police Department Interactive Directives Guide Employee Assistance Program Effective Date I. 300-023 02/25/2012 1 of 3 PURPOSE To provide information regarding the Employee Assistance Program (EAP) that is designed to assist employees and their families who have personal problems and/or problems that may adversely affect their work performance. II. III. POLICY A. The intent of this program is to identify problems at the earliest possible moment, to motivate the employee to seek help and to direct the employee to the most appropriate source of assistance in resolving personal difficulties and restoring acceptable job performance. B. This directive parallels the City’s Employee Assistance Program. The nature of the EAP and the services provided contain substantial guarantees of privacy and confidentiality for its participants, and these same guarantees are applicable to Charlotte-Mecklenburg CMPD employees, both sworn and non-sworn, in most cases. However, the nature of police work and the role of the Police Department make it imperative that police employees adhere to these guidelines. PROCEDURE A. Restrictions: Once a CMPD employee has been designated for drug screening, he/she is not eligible to participate in the Employee Assistance Program (EAP) in connection with, or because of, any illegal drug or substance, including dependency or addiction to any illegal drug or other illegal substance. Prior to being selected, any CMPD employee is eligible to participate in the EAP. Self referral to EAP does not shield an employee from future drug screening and appropriate disciplinary actions based upon the results of any drug screening. B. Problems Covered: The City recognizes that a wide range of behavioral, medical and/or personal problems can affect an employee’s job performance. Examples of such problems include the disease of alcoholism, mental or emotional illness, marital or family stress, financial or legal problems. These problems and others may result in deterioration of job performance. C. Normal Disciplinary Action: While it is not the City’s intent that this policy is used by supervisors and managers as a disciplinary measure, it is also not to be used as a shield of protection by employees to avoid appropriate and/or standard disciplinary action. This directive does not supersede appropriate disciplinary action. D. Performance and Attendance: Any problems which affect work performance and attendance are legitimate concerns of the City. The City recognizes that most of these problems can be successfully treated provided they are identified early and referrals made to the appropriate resource. E. Problems Not Covered: The EAP is not intended to assist in job related grievances not affecting individual performance (i.e., scheduling problems, job assignment, Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-023 Employee Assistance Program Effective Date 02/25/2012 2 of 3 personality conflicts, training opportunities, etc.) which should be handled between the employee and his or her supervisor through other City policies and procedures. F. Voluntary Use of EAP: Employees are encouraged to use the Employee Assistance Program voluntarily when they need professional help or guidance. G. Job Security and Promotional Opportunities: Participation in the EAP will not affect an employee’s job security or promotional opportunities. Such matters are governed by ability, experience, and job performance. H. Referral to the EAP May Occur in Three (3) Ways: 1. An employee may seek help on his or her own by contacting the EAP. 2. A supervisor may refer an employee because of deteriorating job performance and/or personal problems. When this occurs, the supervisor will be notified if the employee kept the appointment and the extent to which the employee is cooperating with the EAP. 3. In the case of a mandatory referral, employees are required to comply with the terms of the referral. The first appointment will be arranged with the CMPD Human Resources Division. I. Employee Compliance: Compliance with the recommendations of the EAP is the responsibility of the employee. An employee who is referred by the City and who refuses to accept diagnosis and treatment recommended by the EAP will be expected to accept the responsibility of maintaining adequate job performance or be subject to normal disciplinary action. J. Confidentiality: All EAP records are confidential. EAP will not discuss the personal problems of the employee without written permission of that employee, except in the event of child abuse or threat of harm to the employee or others. In these cases, the counselor is legally obligated to notify the appropriate authority in order that action can be taken to protect those who may be in danger. K. Short-term Counseling and Long-term Treatment: The two types of treatment the EAP counselor can recommend are short-term counseling and long-term counseling. 1. Short-term counseling is defined as counseling for personal problems, which requires six or fewer individual counseling sessions. Depending upon the nature of the treatment, short-term counseling may require an employee to be absent from work. Supervisors are encouraged to grant leave of absence (i.e., sick leave, vacation, excused leave without pay) in accordance with City Policy and /or CMPD Work Rules. 2. Long-term treatment is defined as treatment for personal problems, which requires more than six (6) individual counseling sessions. In most cases, longterm treatment will require an employee to be absent (i.e., sick leave, vacation, excused leave without pay, and Accident and Sickness benefits) in accordance Charlotte-Mecklenburg Police Department 300-023 Employee Assistance Program Interactive Directives Guide Effective Date 02/25/2012 3 of 3 with City Policy and/or CMPD Work Rules. It will be the employee’s responsibility to request leave in accordance with CMPD attendance requirements, if long-term treatment is required. L. IV. V. Family Assistance: EAP is available to the families of our employees. RESPONSIBILITIES AND REFERENCES A. The Human Resources Division is responsible for the coordination of this directive. B. All employees have the right to request assistance from EAP to help them cope with personal problems. C. Supervisors will ensure that employees under their supervision are aware of services available through EAP. E. Due to the unique factors that compose each employee’s situation, there is not one specific procedure for requesting assistance from the EAP. Both the supervisor and the employee have the right to contact the EAP and to request a meeting with an EAP counselor, and each should do so in a way that is consistent with the declarations and provisions described in this directive. REFERENCE 300-009 Employee Drug and Alcohol Testing HR-2 - City of Charlotte Employee Assistance Program (CNET) Charlotte-Mecklenburg Police Department Interactive Directives Guide Peer Support Program Effective Date 03/09/2007 I. 300-025 1 of 3 PURPOSE The Peer Support Program is designed to offer voluntary and confidential support for employees for personal and job related circumstances. II. DISCUSSION The Peer Support Program was designed by Charlotte-Mecklenburg Police Department (CMPD) employees to assist fellow employees in dealing with stress, emotional difficulties or other personal circumstances. These circumstances could have an impact on the employee, and in some cases could present a danger to the welfare and safety of the employee, his or her family, the public and fellow employees. Peer Support Team members are CMPD employees who are trained to be effective listeners and provide feedback to employees, clarify issues and assist employees in identifying options for problem resolution. III. POLICY Peer Support Team members are not professional therapists. When problems are acute or require professional assistance, information on professional referral resources will be provided to the employee. The promotion of trust and confidentiality is of utmost importance for the success of this program. All information shared with a peer support team member will remain confidential, except as outlined in this policy. Employees who receive assistance through the Peer Support Program will be informed of those exceptions prior to engaging in the peer support session. IV. DEFINITIONS A. Privileged Communication: Any communication made by the employee or immediate family member to the peer support team member while engaged in a support session that does not fall within the exceptions noted in this directive. B. Peer Support Team Member: Any employee who has been trained to provide emotional and moral support to other employees, and whose selection to the Peer Support Team has been approved by the Deputy Chief of the Support Services Group. C. Peer Support Coordinator: The individual member of the Peer Support Team designated by the Deputy Chief of the Support Services Group responsible for: 1. 2. Chairing the meetings of the Peer Support Team. Assisting in the selection and removal of Peer Support Team members. Charlotte-Mecklenburg Police Department Peer Support Program Interactive Directives Guide Effective Date 03/09/2007 V. 300-025 2 of 3 3. Making recommendations for modifications to the program and providing quarterly statistical reports to the Deputy Chief of the Support Services Group on the use of the program. 4. Acting as a liaison between the Peer Support Team and other areas of the CMPD and other peer support organizations. PROCEDURE A. Peer Member Selection Peer Team Members are selected based upon their character, integrity, interpersonal communication skills and a history of solid decision making and wisdom. B. 1. Information regarding the candidate’s length of service, and performance appraisal ratings and other pertinent background information must be attached by the candidate and reviewed by the Peer Support Selection Committee (made up from senior members of the Peer Support Team). 2. Upon successful completion of training, candidates will serve as peer support team members. These members will then be involved in ongoing training and supervision under the direction of Peer Support Coordinator. Removal of Members 1. C. Peer Support Team members will be removed from the program for failure to maintain the standards for team members. Peer Support Services 1. Peer Support Team members are to be easily accessible to employees who need their services. A list of members will be made available to all employees. 2. Peer Support sessions will be confidential. 3. Supervisory approval is required for support sessions that will require the team member or employee to leave their assigned duty. 4. Peer Support Team members who engage in unexpected support sessions while off-duty must contact their supervisor as soon as possible for their time to be recorded for compensation purposes. Charlotte-Mecklenburg Police Department Interactive Directives Guide Peer Support Program Effective Date 03/09/2007 D. VI. 300-025 3 of 3 Confidentiality 1. Peer Support Team members will make no written record of the details of support sessions: Employees who seek assistance through the Peer Support Program must be made aware that Peer Support Team members will maintain confidentiality by not disclosing any information developed in peer support sessions, except in accordance with this policy. Peer Support Team members are required to maintain the confidentiality of information developed in peer support counseling sessions, except as indicated below. 2. Peer Support Team members will advise employees prior to any support session that confidentiality will be maintained as provided for in N.C.G.S. 853.10 with the following exceptions: a. When information revealed must be disclosed by law, such as in cases of child abuse, elder abuse, or when the employee reveals that he or she has committed a crime that presented a clear and immediate danger to self or others. b. When due to mental, emotional or substance abuse problems, the employee presents a clear and immediate danger to self or others. c. When information revealed gives reason to believe the employee has violated or conspired to violate a person's civil rights. Federal law (42 U.S.C. 1986) requires anyone with knowledge of such violations to report them or be subject to liability for the civil rights violations. d. When the Peer Support Team member is directed by court order to disclose the information or is compelled to disclose the information by rules of civil or criminal discovery. e. When the Peer Support Team member is directly involved in an incident as a participant, witness or investigator. 3. Peer Support Team members are authorized to refer employees who wish to discuss issues listed in the exceptions to another professional resource. 4. When information described in the exceptions above is revealed during a peer support session, the Peer Support Team member will take the necessary steps to notify the appropriate authority. REFERENCES NCGS 8-53.10 US Code 42 U.S.C. 1986 Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 I. 300-026 1 of 12 PURPOSE This directive establishes departmental procedures to be followed in the event of an employee's line of duty serious injury or death. II. POLICY Coordination of the Department’s response to the serious injury or death of an employee is critical to the employee involved, the investigation, other employees involved, the Department and the community. The Department’s response to, and care for, the employee’s family is an important responsibility. This procedure is not intended to address or affect any survivor benefits or the investigation that may apply due to an employee’s serious injury or death. In the event of an employee’s non-line of duty death CMPD will make available the appropriate command staff personnel to assist the family of the deceased. III. DEFINITIONS The Chief of Police may institute any part of this procedure for cases of a sworn or nonsworn employee's serious injury or death not covered by these definitions. IV. A. Line of Duty Serious Injury: An injury that results from performing a law enforcement action, either on or off-duty, that renders debilitating medical injuries for the employee that reduces his/her effectiveness either temporarily or permanently. Such injuries can even lead to death. B. Line of Duty Death: A death that was unlawful or accidental and occurred while an employee was performing police duties, either on or off-duty. PROCEDURE Due to the complexity of a Line of Duty Serious Injury or a Line of Duty Death, all department personnel involved in managing the situation will adhere to Area Command protocol as stipulated in Charlotte-Mecklenburg Police Department Directive 600-025 Incident Command. The Chief of Police will designate an Incident Area Commander for the incident who may make the following section and liaison assignments: A. Incident Commander (IC): The Incident Commander will be a Deputy Chief. The IC will have overall command of all functions and details related to planning and implementing police services. The IC will also be responsible for ensuring that a thorough after action report is completed within 45 days of the conclusion of this event. 1. The Command Center Operations Manager, the Funeral Operations Manager, and Public Affairs Director will report directly to the IC. The IC will have final approval for all plans involving services, motorcade routes, and employee travel relating to this event. Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 2. B. 300-026 2 of 12 Command Center Support: The Command Center will be staffed and operational from the beginning of business hours, normally 0800 until all operations regarding the day’s events are completed. The Command Center will serve as the collection and dissemination point of all requests and information concerning any visitation, funeral, motorcade, and memorial service. In the event any service is located outside of the Charlotte region the IC or their designee will arrange for a modified Command Center within the local jurisdiction. Command Center Operations Manager (CCOM): The Command Center Operations Manager will be a Major and report directly to the IC. The CCOM will be responsible for tracking the work of the Funeral Operations Manager and Public Affairs Director. The CCOM will also coordinate the staffing needs for an affected division to ensure officers or employees are available to cover normal operations for a time period determined by the IC. 1. 2. Planning Section: The Planning Section will be commanded by a Captain and support the Incident Commander and is responsible for short and long term planning, including, but not limited to: a. Develop short term operational plans for the first twelve hours including relief for employees assigned to the various scenes. b. Develop long term operational plans for the next seventy-two hours. c. Work with the Family Liaison to develop the visitation and funeral plans. d. Work with the Family Liaison to develop an assistance plan for the family following the funeral and burial. e. Coordinate and develop a plan with the appropriate police agency if the deceased employee is returned to his/her hometown for burial. f. Develop and maintain a roster of all police agencies attending the funeral, including the name of the Chief, address of the agency, number of employees attending, and the number of police vehicles that will be involved in the funeral procession. Family Liaison: The Family Liaison coordinates with the Planning Section Commander. The Family Liaison may be the Division Commander of the employee involved. The Family Liaison will: a. Ensure that, whenever possible, the needs of the family come before the needs of the Department. b. Coordinate with the employee’s family and keep them informed of new information about the investigation. c. Notify appropriate agencies that may be available to provide emotional support or assistance to the family. Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 3. 4. 5. 300-026 3 of 12 d. Develop a relationship with the family to maintain close contact with the Department and to meet the family's needs for as long as they need support. e. In the event of an employee's death: (1) Assist the family with funeral arrangements and advise them of any services the Department can offer including, but not limited to, Honor Guard, assistance to family members who may be arriving from outside of Charlotte-Mecklenburg with transportation, lodging, or meals if they choose a police funeral, and others outlined in this directive and addendums. The Family Liaison will work with Planning Section to ensure the family’s requests are met. (2) Inform the Incident Commander of the family’s wishes in regard to funeral proceedings. Funeral Home/Faith Liaison: Appointed by the Family Liaison and will: a. Serve as the liaison between the Funeral Home/Faith institution and the Family Liaison. b. Assist in the development of site security, parking plans, and traffic control for the Funeral Home/Faith institution. Benefits Coordinator: Appointed by the Family Liaison and will: a. Work with Human Recourses to gather all information regarding benefits available to the employee or the surviving family and assist in completing necessary paperwork. b. Contact the appropriate agencies immediately to ensure that the process for obtaining benefits is initiated. c. Follow up with the family to ensure all benefits are received. CMPD Headquarters Liaison: The CMPD Headquarters Liaison is appointed by the Planning Section Commander and is responsible for maintaining control of the headquarters building as it relates to the incident and will: a. Establish a location where employees may gather to wait for information concerning the incident and the employee’s condition. b. Designate a media staging area where a public information officer will serve as a liaison with the media. c. Establish security and traffic control in the area immediately around the CMPD headquarters. Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 6. 6. 7. 300-026 4 of 12 Notification Liaison: Reports to the Planning Section Commander and will: a. Ensure the employee's family is notified in a timely manner. The Chief of Police or designee should make the notification. The notification should be made in person. A Chaplain should accompany the person making the notification. b. Notify the appropriate agency for a personal notification if the deceased employee's family lives a considerable distance outside of the CharlotteMecklenburg area. c. Arrange transportation to the medical facility for the employee’s family. Before leaving for the hospital, the Notification Liaison should notify the Hospital Liaison that the family is enroute. d. Arrange for child/family care and initial security for the residence. Arrange site security for the employee’s home. e. Arrange for an appropriate media staging area near the family home which does not negatively impact the employee’s family. Identify a Public Information Officer and Logistics officer to assist with the family residence. Hospital Liaison: Reports to the Planning Section Commander and will: a. Coordinate with a hospital representative and will direct responding CMPD employees to an appropriate location. b. Obtain appropriate rooms or areas to accommodate the family, close friends, and co-workers who will arrive at the hospital. c. Coordinate with the appropriate hospital representative to ensure that order is maintained, due to the increase in activity in and around the hospital, which may include traffic control and security in certain hospital areas. d. Ensure that hospital operations are not affected by parties interested in the CMPD situation and will coordinate requests and needs with the CCOM. e. Arrange for an appropriate media staging area which does not negatively impact hospital operations and will designate a public information officer who will serve as a liaison with the media. f. Facilitate communications between the hospital representative(s) and the Command Center. Logistics Section: The Logistics Section will be commanded by a Captain and will support the Incident Commander and the Liaisons as needed, including, but not limited to: Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  5 of 12 Effective Date 06/27/2013 C. 300-026 a. Provide assistance to family members who may be arriving from outside of Charlotte-Mecklenburg with transportation, lodging, or meals. b. Provide support for the various scenes involved, including hospital, family residence, place of worship, funeral home, funeral procession, and cemetery. c. Provide assistance to CMPD personnel who must travel to another location for funeral services etc. i.e. Honor Guard and Command Staff. d. If needed, appoint additional personnel transportation, lodging, and meals. to assist with travel, Funeral Operations Manager (FOM): The Funeral Operations Manager will be a Major and report to the IC. The FOM will coordinate all operations relating to the visitation, funeral/memorial service, motorcade, and interment. The FOM will designate command level officers, captain or non-sworn manager, to serve as Visitation Commander, Funeral Location Commander, Motorcade Commander, and Cemetery Site Commander. Each designated commander will be responsible for all details relating to that assignment and will report to the FOM. 1. Visitation Commander (VC): Captain or Non-sworn Manager who will be responsible for coordinating site parking, location set up, and all details as they relate to the service being held on site. 2. Funeral Location Commander (FLC): Captain or Non-sworn Manager who will be responsible for coordinating site parking, procession staging, location set up, and all details as they relate to the service being held on site. For funeral services that take place outside of our jurisdiction the FLC will coordinate site details and make contact with local police agencies to ensure the site operations are coordinated. A Sergeant will assist the FLC with parking and procession staging. This sergeant will ensure that all vehicles in the burial procession are in the proper place as designated by the FOM. 3. Honor Guard Commander: The Honor Guard Commander will report to the FOM and coordinate all service arrangements as outlined within the units SOP. The Honor Guard will coordinate with the church, memorial service and burial location Commanders. 4. Cemetery Site Commander (CSC): Captain or Non-sworn Manager who will be responsible for coordinating site parking, location set up, and all details as they relate to the service being held on site. 5. Motorcade Commander (MC): Captain who will coordinate all processions and vehicular movements of family and deceased employee(s) as determined by the Funeral Operations Manager. This responsibility can be divided into smaller Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-026 Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 6 of 12 commands depending on the number of locations and deceased employee movements. Burial services outside of our jurisdiction will be assigned a MC who will coordinate our participation with the appropriate agency. D. Public Affairs Director (PAD): The Public Affairs Director will report to the IC. The PAD will coordinate all media requests, press conferences, interviews, event coverage, and VIP Liaison. The PAD will work with the Funeral Location Commander and Cemetery Site Commander to coordinate coverage and broadcast of services. They will be responsible for meeting with media outlets prior to these services and establishing ground rules of coverage to comply with department and family wishes. The Public Affairs Director will also: a. Work closely with the Family Liaison to ensure the needs of the family are fulfilled as much as possible. b. Provide appropriate information surrounding the serious injury or death to Department employees and the media. c. Coordinate news media briefings throughout the incident and coordinate the activities of the Public Information Officers assigned to the various scenes. If a family member wishes to grant an interview, the Public Affairs Director will arrange the interview and assist the family member as needed. d. Ensure that proper notification (DCI Message) is sent to all law enforcement agencies with the following information: 1. (1) Name and rank of the employee, (2) Date and time of the incident, (3) Circumstances surrounding the event, (4) In the event of an employee's death: (a) Funeral arrangements. (b) Family wishes in regard to expression of sympathy (donation, fund, memorial, etc.) (c) Contact person and telephone number for visiting departments to indicate desire to attend and to obtain further information. Public Affairs Officer (PAO): PAO will assist the PAD as directed. In addition a PAO will be on site at all scheduled services to assist the Funeral Location Commander or Cemetery Commander 3 hours prior to the service to address all media issues. The PAO will report to the PAD in coordination with the Funeral Location Commander. Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 2. 300-026 7 of 12 VIP Liaison: Captain designated by the PAD in consultation with the IC and will serve as the department point of contact for visiting police dignitaries, local politicians, and any other person designated as such by the IC. VIP Liaison will be on site of all services at least 2 hours prior to the event to coordinate special requests or needs. This captain will work closely with the Public Affairs Director and other location commanders to ensure the needs of our guests are addressed. The VIP Liaison will also be responsible for working with the FLC and Honor Guard Commander on seating arrangements for employees and guests who attend visitation or funeral services. The VIP Liaison will work with ushers to ensure that any reserved seating is designated and that persons are placed in the appropriate area. V. REFERENCES 300-020 Police Critical Incident Stress 300-025 Peer Support Program 600-025 Incident Command Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-026 Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 8 of 12 Addendum #1 SERVICE CORPORATION OF AMERICA Dignity Memorial Public Servants Program: http://www.dignitymemorial.com Recognizing the courage and selflessness of those who serve the public, Dignity Memorial network providers created the Public Servants Program for emergency service personnel. This program offers dignified and honorable tributes, at no cost, for career and volunteer law enforcement officers and firefighters who fall in the line of duty. For more than ten years, the program has helped families deal with the emotional and financial burden associated with the sudden loss of a loved one. In addition to providing burial services, the program offers extended counseling services to family members who experience this unsettling change in their lives, as well as the opportunity to create an Internet tribute to memorialize their fallen hero. The funeral and cremation benefits include: Funeral: - Church, graveside or memorial service - 1 day of Visitation - Professional service fees to include embalming (if requested or required) - Customary transportation fees, such as removal from place of death (50 mile radius), transportation to the cemetery, limousine, funeral coach and flower car on day of service. - Funeral option: 20 gauge protective steel or hardwood casket, minimum lined concrete vault at burial site and a 24X14 personalized bronze marker with vase mounted onto granite base. Register book, acknowledgement cards, and memorial folders Cremation: - Casket rental or cremation container - Sheet bronze urn / capsule - Personalized cast bronze memorial plaque. - Cemetery, niche or garden space in a Dignity Memorial affiliated cemetery (where available) - Interment or crematory fees Family Support Benefits: - 24 hour Compassion Helpline to assist those coping with loss. - The Aftercare Planner, a comprehensive guide to help settle an estate - An everlasting memorial permanent internet memorial - One year membership in a legal services plan Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-026 Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 9 of 12 Addendum #2 MEDIA PROTOCOLS The Public Affairs Director or designee will coordinate with the media to ensure an unobtrusive opportunity to view the funeral / memorial service and burial from a designated staging location. These guidelines should be developed along with the families, while balancing the public interest to honor the employees and keeping the services respectful. Media personnel could be asked to leave any service by the Public Affairs Director or Funeral Location Commander should any deviations from these guidelines occur. Visitation: - NO cameras (video or still) will be allowed inside the church. - Reporters who wish to enter the church can do so as a visitor, wait in line, pay their respects and leave. - Predetermined staging area for media personnel will be located in an accessible, but not intrusive location. Boundaries will be established that allow cameras to capture images. Funeral: - Local television network will provide video pool feed via satellite to all outlets. - Not allowed access to the inside of the church for early morning stand-up. - The PAD will select a pool photographer for still shots inside the funeral location. The photographer will be in a location selected by the PAD in conjunction with the Funeral Location Commander. The FLC should be mindful of undercover officers attending and the necessity to protect their identity. - Camera flash will not be allowed inside. - Two full copies of the video of the service will be provided to the CMPD (clean and with graphics for presentation to the families and for use in future memorial tributes to the employees (with credit given to the participating news agencies) - A full set of all photos taken by the pool photographer that are published in the paper and on line will be provided to the CMPD for presentation to the families and for use in future memorial tributes to the employees (with credit given) - Local television satellite truck will be parked in the appropriate place near the church. All other media vehicles will be parked in predetermined staging location with other news personnel. - Cameras will only be allowed in certain location(s) that maintain a respectable distance from mourners attending the service. - Reporters without cameras (video or still) will be allowed into the service (no cameras, no live shots, no stand ups from inside the church, no loitering during visitation). - All still and video photographers will agree and sign an agreement with the CMPD not to publish any photos of plainclothes officers or non-sworn employees without prior review and approval of the Public Affairs Director or designee. Procession: Media vehicles will not be allowed to participate in the official motorcade. Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-026 Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 10 of 12 Burial: - Any media vehicle (live truck) must be in place at the cemetery 2 hours prior to funeral service or access will not be allowed. - Two news crews are required to cover funeral service and cemetery. - No wireless mikes will be allowed at burial site - Area will be identified by Burial Site Commander for news crews to capture images with minimal intrusions to service. - Media helicopters will not be allowed to hover or make continual passes over the cemetery during burial services. - All still and video photographers will agree and sign an agreement with the CMPD not to publish any photos of plainclothes officers or non-sworn employees without prior review and approval of the Public Affairs Director or designee - Two full copies of the video of the service will be provided to the CMPD (clean and with graphics for presentation to the families and for use in future memorial tributes to the employees (with credit given to the participating news agencies) - A full set of all photos taken by the pool photographer that are published in the paper and on line will be provided to the CMPD for presentation to the families and for use in future memorial tributes to the employees (with credit given) Charlotte-Mecklenburg Police Department Interactive Directives Guide 300-026 Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 11 of 12 Addendum #3 MOTORCADE PROCESSION Motorcade Commander is responsible for the procession and will plan the route from the service location to the cemetery by assigning officers to specific traffic control points. The Mecklenburg County Sheriff’s Office and other local agencies should be utilized, if available, to allow CMPD personnel to attend the funeral. Procession Order: - Motorcade Commander Funeral Director Funeral Hearse Family Limousine(s) Minister / Faith Leader Immediate Family Chief of Police Deputy Chiefs of Police Extended Family (cousins, aunts, uncles, etc…) Buses containing the slain employee’s division/unit Plain clothes Medic personnel (if requested) Cemetery Lead Vehicle - Lead other vehicles to parking locations in cemetery Funeral Operations manager Medic Van All other police and private vehicles will self assemble behind the lead procession. Political dignitaries will be placed behind Funeral Operations Manager. All issues regarding this will be the responsibility of the Funeral Location Commander. Media vehicles are not allowed in the official motorcade. Charlotte-Mecklenburg Police Department Interactive Directives Guide Line of Duty Death and Serious Injury Procedure  Effective Date 06/27/2013 Addendum #4 ORGANIZATIONAL CHART 300-026 12 of 12 Charlotte-Mecklenburg Police Department Interactive Directives Guide Uniform and Personal Appearance Effective Date 07/02/2015 I. 400-001 1 of 14 PURPOSE To establish guidelines for the dress and personal appearance of Charlotte-Mecklenburg Police Department (CMPD) employees while at work, on duty, or in uniform, in order to maintain the professional image of the Department. II. POLICY While in uniform, in plain clothes or on duty, CMPD personnel are expected to maintain a professional appearance at all times. Employees are expected to adhere to the guidelines set forth in this directive while engaging in professional police activities. III. DEFINITIONS A. B. Employees: For the purpose of this directive, employees are identified in the following groups: 1. Officer: A sworn police officer of any rank, uniformed civilian Animal Care and Control officer, and Crime Scene Search investigator. 2. Plain-Clothed Officer: A sworn police officer of any rank assigned to a plain clothes position or wearing plain clothes in an on-duty capacity. Officers assigned to the Vice & Narcotics Division are not included. 3. Civilian Uniformed Employee: An employee who is not a sworn law enforcement officer and is issued a work uniform. Their uniforms are defined in the unit’s respective Standard Operating Procedures (SOP). 4. Plain-Clothed Employee: A civilian employee not provided with a uniform. Uniforms: 1. Class A Uniform: The Class A uniform consists of the blue uniform pants, long sleeve uniform shirt with the issued tie. An approved sweater may also be worn with the Class A uniform. 2. Class B Uniform: The Class B uniform consists of the blue uniform pants and a short sleeve uniform shirt or the long sleeve uniform shirt with an approved plain black mock turtleneck or one with “CMPD” embroidered on it. The long and short sleeve patrol alternate duty uniform (often referred to as the 5.11’s) is also considered a Class B Uniform. 3. Class C Uniform: The Class C utility uniform varies according to the needs of specific units. It must be consistent with the Class A and B uniform in style, and is consistent with the image of the law enforcement profession. 4. Specialized Uniform: The Specialized Uniform will be determined by the unit's SOP. The Specialized uniform is worn only when performing the duties of the unit that it was designed for e.g. S.W.A.T., A.L.E.R.T., Training Academy, etc. Charlotte-Mecklenburg Police Department Interactive Directives Guide Uniform and Personal Appearance Effective Date 07/02/2015 C. IV. 400-001 2 of 14 Sensitive Items: All firearms, magazines, ammunition, Conducted Electrical Weapons (CEW), portable radios, collapsible baton, OC spray, Badge, ID and access cards, take home cars, keys and fuel cards or any other items as deemed by the CMPD Chain of Command. PROCEDURES A. Personal Appearance 1. Hair Styles a. Employees are required to wear their hair clean, combed and neatly trimmed or arranged. Shaggy, unkempt hair is not permissible regardless of length. b. Hair accessories must be in keeping with the professional image of CMPD. Male employees will not wear hair accessories while on duty or in uniform. c. Hair color and styles must be of a natural hair color and in keeping with the professional image of CMPD. d. All male officers will conform to the following standards of appearance. e. (1) Hair on top of the head will be neatly groomed. The length/bulk of the hair will not be excessive or present a ragged or extreme appearance. When combed, the hair may extend 1/4 inch below the top of the ears and may not touch the shirt collar in back. An Afro hairstyle will be worn no more than 1 1/2 inches thick at any point on the head. In all cases, the bulk or length of the hair will not interfere with the normal wear of the uniform hat. (2) Sideburns will not extend below the earlobe and will at no point be more than 1 inch wide. Sideburns will not exceed 1/4 inch in bulk, will not flare, and will be trimmed horizontally across the bottom. (3) Officers will be clean-shaven, however, mustaches are permitted. Mustaches will be neatly trimmed and will not exceed more than 1/4 inch laterally beyond the corners of the mouth and will not extend below the corners of the mouth. Mustaches will be professional and neat appearance, and will not cover any part of the upper lip. (4) Beards, goatees, or other growth of hair below the lower lip will not be permitted. All female Uniformed Officers will conform to the following standards of appearance. Charlotte-Mecklenburg Police Department Uniform and Personal Appearance Interactive Directives Guide Effective Date 07/02/2015 2. 400-001 3 of 14 (1) Female officers in uniform will wear their hair in styles that do not extend below the bottom of the shirt collar in back. (2) Hair that extends below the bottom of the collar must be worn pinned up in a neat manner. While worn pinned up, no part of the hair will extend below the bottom of the shirt collar. If it is worn up and begins to become disheveled, it must be put up again or worn down, meeting the length regulations. Hair accessories must be functional, not ornamental, and are restricted to the following: (a) Dark blue or black ribbons or terry-covered rubber bands. (b) Silver, gold, black, dark blue or dark brown barrettes or clips. (c) Black, white, dark blue or dark brown head bands. (d) All other accessories are restricted to black, white, dark blue or dark brown in color. (3) No accessory may have decorations on it and each accessory may be only one color. (4) In all cases, the bulk, length, or style in which the hair is worn will not interfere with the normal wear of the uniform hat. Accessories and Makeup a. In order to maintain the professional image of CMPD, jewelry or makeup must be worn in moderation so as not to draw undue attention to the employee and is subject to the following guidelines. b. Officers and Plain-Clothed Officers may wear no more than one ring per hand. Plain-Clothed Employees and civilian Uniformed Employees may wear no more than two rings per hand. For the purposes of this directive, a wedding ring set (engagement ring and wedding band) will be considered as one ring. c. Male Officers/ Plain-Clothed Officers may not wear earring(s). d. Male civilian employees may wear one post earring. e. Female Officers and female Plain-Clothed Officers may wear no more than one earring per ear and it must be worn in the lobe of the ear. Plain-Clothed Employees and civilian Uniformed Employees may wear up to two earrings per ear and they must be worn in the lobe area of the ear. Pierced earrings must have a small post. Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-001 Uniform and Personal Appearance Effective Date 07/02/2015 4 of 14 (1) Ball earrings may be gold, silver, or white (pearl) in color and no larger than 6 mm. (2) Disc earrings may be gold or silver in color and no larger than 12 mm. (3) Solitaire earrings may be any gemstone or their facsimile and no larger than 1/2 karat. (4) Officers and Plain-Clothed Officers may not wear hoop or dangling-style earrings. Plain-Clothed Employees and civilian Uniformed Employees may wear hoop or dangling-style earrings as long as they do not exceed one inch in width or 2 inches in length and do not interfere with the employee’s duties. f. All employees are prohibited from attaching, affixing, or displaying objects, ornamentation, or jewelry other than that which is covered in this directive, through any part of the head, ears, face, nose, tongue, or any visible part of the body while on duty, working off duty or while representing the department in uniform or civilian attire. g. Officers in uniform will not wear visible necklaces. Plain-Clothed Employees, Plain-Clothed Officers and civilian Uniformed Employees may wear necklaces that are consistent with professional business attire. h. Officers and Plain-Clothed Officers may wear one bracelet on each wrist. Plain-Clothed Employees and civilian Uniformed Employees may wear two bracelets on each wrist. A watch is not considered a bracelet. i. Female employees may wear makeup in moderation and in such a manner that does not create an extreme appearance. Additionally, they will adhere to the following guidelines. (1) Eyeliner will not extend beyond the outline of the eye. (2) Lipstick will not extend beyond the lip line or corners of the mouth. j. Male employees will not wear makeup. k. Female employees may wear nail polish that is professional and does not present an extreme appearance. Male employees will not wear nail polish of any type. l. Sunglasses worn on duty will be restricted to those with black, brown, silver, gold, or tortoise shell frames, and must have non-reflective lenses. Sunglass straps are not allowed. (See exceptions) Charlotte-Mecklenburg Police Department Uniform and Personal Appearance Interactive Directives Guide Effective Date 07/02/2015 3. B. 400-001 5 of 14 Tattoos and Brands a. Tattoos or brands cannot be visible on the head, face, chest or neck. b. Visible tattoos or brands cannot be vulgar, indecent, sexist, racist, or incite sexual thoughts. c. Visible tattoos cannot be more than 2.5 inches in length or 1 inch in width and number more than one per limb, including the hand. d. Tattoos that do not meet the above specifications must be covered by clothing that meets the guidelines of this directive, tattoo-covering makeup consistent with the employee’s skin tone or by an approved “Tat-Jacket.” Any other method for covering tattoos must be approved by the Executive Staff. These items must be purchased at the employee’s expense. General Dress 1. 2. Court a. Male employees who are attending court will wear either a Class A or B uniform, a business suit, or a sport coat and slacks with a tie. b. Female employees who are attending court will wear either their Class A or B uniform or a blazer with slacks, a blazer with a skirt, or a dress that is professional in appearance. c. When attending district court, Officers have the option of wearing the clothing described above or their uniform of the day. The Class C uniform will not be worn to court with the exception of the following units, provided that the uniform is clean and neat in appearance, when attending district court only: (1) On-duty canine officers. (2) On-duty bicycle patrol officers, however, on-duty bicycle officers will not wear short pants. (3) On-duty Motorcycle Unit officers. Training Academy Jeans or other denims are permissible during Training Academy classes provided they are neat, properly fitted and free of holes and tears. Such clothing as tank tops, shorts, overalls, etc., is prohibited. 3. Other Meetings and functions Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-001 Uniform and Personal Appearance Effective Date 07/02/2015 6 of 14 Employees attending Division or Bureau meetings or other official meetings are considered to be on-duty and will wear uniforms or business casual attire. 4. 5. Uniformed Dress a. Maintenance of the uniforms will be the responsibility of the person to whom they are issued. Uniforms will be maintained and of neat appearance at all times. b. Employees will present themselves in an orderly and professional manner. Uniforms will be clean, pressed and worn neatly at all times. Uniform shirts must be tucked in. Faded, worn, damaged, or tight fitting clothing are not acceptable. c. Only departmental approved black shoes or boots will be worn. Worn out or unkempt shoes will not be permitted. d. Black or navy socks must be worn with designated shoes. Sworn Officer Uniforms a. Ballistic Vests (1) Ballistic vests are required to be worn by all uniformed officers and supervisors assigned to the Field Service Groups. (2) Ballistic vests are required to be worn by all sworn personnel when engaged in pre-planned high risk activities which include warrant service, raids, searches and other activities deemed to be high risk by the supervisor in charge of the activity. (3) The wearing of a ballistic vest is mandatory for any sworn personnel working in uniform in any secondary employment capacity regardless of their rank or normal assignment. (4) Supervisors will conduct inspections of all personnel required to wear a ballistic vest as described above. These inspections will occur on a daily basis as part of the regular inspection of assigned equipment. (5) It is also encouraged that all officers assigned to Investigative, Support and Administrative Divisions wear a protective vest during their tour of duty. However, those officers who choose not to wear their protective vest must have it readily available at all times during their tour of duty. (6) All sworn personnel will be issued CMPD approved protective vests. Charlotte-Mecklenburg Police Department Uniform and Personal Appearance Interactive Directives Guide Effective Date 07/02/2015 (7) b. 400-001 7 of 14 (a) CMPD approved protective vests will comply with protective and related requirements prescribed by current standards of the National Institute of Justice. (b) CMPD approved protective vests will be replaced at no cost to the officer upon reaching of the manufacturer’s product expiration date or due to non-negligent damage and normal wear and tear. Officers are responsible for the care and maintenance of their assigned protective vest. (a) Officers are responsible for inspecting their protective vests for signs of damage or other conditions that warrant replacement. (b) Officers are responsible for the proper storage and cleaning of the protective vest in accordance with the manufacturers instructions. Medical Exemptions (1) Any sworn personnel seeking a medical exemption to the mandatory wear of ballistic vest guidelines will obtain a detailed written justification from a medical doctor that describes the physical condition and how this condition prevents the wearing of a ballistic vest. The justification will be forwarded through the Chain of Command to the Chief of Police or his/her designee. (2) The Chief of Police or his/her designee may require a second medical evaluation through a physician identified by CMPD for confirmation that the ballistic vest cannot be worn. If it is determined that the employee’s medical condition is such that prohibits the wear of a ballistic vest, then the employee may be referred to a physician identified by CMPD for a “Fitness for Duty” evaluation. c. When the uniform coat is worn the embroidered badge serves as the outermost badge. d. The uniform of the day, Class A, B, or C, will be worn in the intended manner with the badge worn on the outermost garment. e. The 5.11 style Alternate Duty Uniform (both long and short sleeve) is considered a Class B uniform. (1) A necktie or appropriate mock turtleneck must be worn with the long sleeve Class B Alternate Duty Uniform. Charlotte-Mecklenburg Police Department Interactive Directives Guide Uniform and Personal Appearance Effective Date 07/02/2015 f. 400-001 8 of 14 (2) Screen printing or embroidery of badges and/ or nameplates is prohibited on the Class B Alternate Duty Uniform. (3) Officers may obtain, at their expense, Department approved web gear for use with the Class B Alternate Duty Uniform. The nameplate will be worn on the uniform shirt. (1) An appropriate alternative to the nameplate, such as screen printing or embroidering may be used only on Class C uniforms not suitable for wearing of the nameplate. (2) Officers may purchase the "serving since" plate to be worn as part of the nameplate. g. Officers must wear the issued uniform dress hat while attending formal ceremonies such as funerals and parades on or off-duty when the Class A uniform is worn. h. Officers may obtain, at their own expense and use on duty, approved sweaters/jackets, mock-turtlenecks, and winter hats. (See 400-003 Equipment) i. Department approved baseball style caps can be worn only with the Class C Uniform. j. (1) Baseball style caps will not be worn to court or while working in a secondary employment capacity. (2) The Chief of Police or his designee may approve the wearing of baseball style caps for special events involving CMPD personnel in uniform. Officers will wear the appropriate standard duty police uniforms (Class A, B, or C) when engaged in uniformed law enforcement related secondary employment. Class C uniforms such as bicycle or motorcycle will only be worn when operating those types of equipment in a secondary employment capacity. The following units are approved for baseball caps. These are part of a Class C and Specialized Uniform: Sworn Units: ALERT Team Aviation K-9/Vice K-9 Lake Patrol (North and Steele Creek Divisions) SWAT Training- Drivers Training Unit Training – Range Charlotte-Mecklenburg Police Department 400-001 Uniform and Personal Appearance Interactive Directives Guide Effective Date 07/02/2015 9 of 14 Motorcycle Officers Civilian Units: Animal Care and Control Citizens on Patrol/ Lakes COPS Crime Scene Search k. 6. Ornaments, jewelry, civic pins, fraternity pins, etc., will not be worn on the uniform. The only exceptions are those pins awarded or issued by the Department or approved by the Chief of Police. (1) Up to four issued commendation bars may be worn with the appropriate bar holder centered above the name plate on the uniform shirt. (2) A single tie bar or tie pin, in keeping with the professional image of the Department, may be worn. l. Officers have the option to wear either the Class A, Class B, or Class C uniform, unless otherwise specified by this directive, throughout the year. Undershirts worn with the Class B and C uniform will be white, dark blue, or black in color with no visible stripes, patterns, or decorations and may be either v-neck or crew style. Uniformed personnel wearing the Class B and C uniform shirt are prohibited from leaving any buttons below the top button open. m. Officers assigned to light duty temporary assignments will wear business casual dress in accordance with IV.B.5.b of this directive (Plain-Clothed Employees). n. Prohibited Activity While in Uniform (1) Uniformed Employees will refrain from activities which are inappropriate to CMPD’s professional image or which might be misinterpreted by the public. (2) Employees are prohibited from wearing CMPD uniforms while appearing as a plaintiff or defendant in any court proceedings unrelated to law enforcement activity unless authorized by the Chief of Police. Plain-Clothed Positions All employees, when not in uniform, will wear their department issued photo identification card in obvious view at all times when inside Police Headquarters or any CMPD facility. a. Sworn Officers Assigned to Plain-Clothed Positions Charlotte-Mecklenburg Police Department Interactive Directives Guide Uniform and Personal Appearance Effective Date 07/02/2015 (1) (2) b. 400-001 10 of 14 Sworn officers assigned to plain-clothed duty will wear professional business attire. (a) Appropriate dress for men will be business suits, or sports coats and slacks with ties. (b) Appropriate dress for women will be business suits, slacks or skirts with blouses or sweaters and a blazer or jacket or a dress. (c) All employees assigned to plain-clothed positions will adhere to IV.B.1 of this directive when attending court. Officers in plain clothes must wear dress shoes that do not impair their ability to carry out the normal duties of their job. (a) Male officers in plain clothes may wear any type of business dress shoes, except sandals, open shoes or cowboy boots. (b) Female officers in plain clothes may wear any type of business dress shoe except sandals, cowboy boots, opentoe shoes or any shoe with a heel exceeding 3 inches in height. (3) The Chief of Police, or designee, may alter the personal appearance and dress requirements of Plain-Clothed Officers as necessary. (4) Employees assigned to plain-clothed duties of the rank of sergeant and below will: (a) Carry their service weapons and handcuffs while on duty. (b) Wear their badge or police identification cards in obvious view on the outermost garment during a police raid or other police emergency. Plain-Clothed Employees (1) Employee dress and overall appearance should present a business-like image to the public. (2) Business casual or professional business attire will be worn while on duty. (3) Business Casual- While standards of formality in dress are somewhat relaxed; employees are expected to present a professional and business-like appearance. The following standards apply: Charlotte-Mecklenburg Police Department Interactive Directives Guide Uniform and Personal Appearance Effective Date 07/02/2015 V. 400-001 11 of 14 (a) Slacks – khakis, cotton and other slacks are acceptable if clean and neatly pressed. Denim is not acceptable. Other inappropriate items include sweatpants, stretch pants, shorts, bib overalls, stirrup pants, and spandex and other form fitting pants. (b) Shirts – casual shirts with collars, golf shirts, cappedsleeved shirts, sweaters, non-collared fitted shirts and turtlenecks are acceptable. Shirts with small trademarked logos placed on the front pocket area of the shirt are acceptable. Tee-shirts, tank tops, spaghetti strap shirts, tube tops, halter-tops, revealing or midriff-baring tops, shirts with lettering, cartoon characters, phrases, pictures or any tops with bare shoulders (unless worn under another blouse or jacket) are unacceptable. (c) Skirts and Dresses – casual dresses and skirts that are no higher than 2 inches from the knee are acceptable. Spaghetti strap dresses and mini-skirts are not acceptable. (d) Footwear – dress boots, loafers, flats, dress sandals, and leather deck shoes are acceptable. Athletic shoes, hiking or climbing boots, tennis shoes, thongs, casual sandals, slippers, and flip flops are not acceptable. (e) Hats – hats of any kind may not be worn on duty. EXCEPTIONS A. Deviation from the CMPD issued uniform is allowed for business purposes when approved by the division/unit manager in consultation with his or her chain of command. B. Unit Managers in divisions that have little or no contact with the public may permit their employees to wear business casual attire or denim provided the clothing is neat, properly fitted and free of holes and tears. C. Sworn personnel must present a medical excuse from a physician that facial hair below the lip should be worn. The medical excuse must provide the reason for facial hair wear and, if possible, the duration. Any waiver will be reviewed periodically, forwarded through the employee’s chain of command and a copy of the excuse will be placed in the Human Resources Division in the employee’s personnel file. D. Officers operating exposed vehicles, i.e. bicycles etc., may wear sunglass straps to prevent loss or damage while in motion. E. Officers on special assignment, where their dress, hairstyle and accessories must be conducive to the nature of the assignment and clientele dealt with, are exempt from Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-001 Uniform and Personal Appearance Effective Date 07/02/2015 12 of 14 this policy for the duration of the assignment. For the purpose of this directive, the employee’s Deputy Chief will determine what constitutes a special assignment within the meaning and intent of this exception. VI. VII. VIII. F. During special campaigns such as United Way and/or Blood Donor programs, the emblem or symbol of participation may be worn during the campaign. G. Police recruits are governed by the Police Academy Rules and Regulations regarding personal appearance. ENFORCEMENT A. Supervisors and Managers are fully responsible and accountable for ensuring employees are appropriately dressed based on this policy. In addition, supervisors and managers may require business attire be worn in instances where employees are expected to appear in a formal setting such as a hearing, tribunal, or professional community meeting. B. If it is determined that an employee is dressed inappropriately, the employee may be asked to leave work to change clothing, and vacation leave will be charged for the missed time. C. Questions about uniform dress or personal appearance will be answered by the employee’s chain of command. RESPONSIBILITY FOR UNIFORMS AND EQUIPMENT A. The Property and Evidence Management Division is responsible for proper storage, and issuing of all employee uniforms. B. Uniforms that are damaged, worn out, or destroyed in the line of duty will be repaired or replaced by CMPD. Employees who need to replace a worn out or damaged article of clothing must submit a request for approval through the CMPD Uniform Purchase System. C. If a uniform needs to be taken out of service due to contamination or if the duty uniform is needed as evidence in an investigation, the Emergency Clothing Bag, located in the Property Control Division is available for employees to use. This emergency issue of a t-shirt, sweat shirt, and sweat pants are only to be used to assist the employee with clothing in which to travel home. Emergency issue is available in sizes medium, extra-large, and 2XL. Instructions are on the bag regarding return of the clothing. D. Uniforms damaged or destroyed through negligence or abuse must be repaired or replaced at the responsible employee’s expense. E. Employees will be responsible for uniform alterations made 30 days or more after the date of issue. RETURNING EQUIPMENT AND UNIFORMS Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-001 Uniform and Personal Appearance Effective Date 07/02/2015 13 of 14 A. The Division Captain or equivalent in coordination with the CMPD Human Resources Division will ensure that employees with an approved leave of absence, return all issued uniforms and equipment to the Property and Evidence Management Division no less than twenty four hours before the start of the leave of absence, unless otherwise directed by the Chief of Police, or designee. B. The Division Captain or equivalent in coordination with the CMPD Human Resources Division will ensure that employees taking Military Leave for more than thirty (30) days return all issued uniforms and equipment to the Property and Evidence Management Division for safekeeping no less than twenty four hours before the start of the Military Leave. C. The Division Captain or equivalent will ensure that Sworn employees suspended for a period exceeding forty (40) hours turn in their sensitive items. The employee’s immediate supervisor will return this equipment to the Property and Evidence Management Division for storage pending the officer's return to duty. However, sensitive items may be retrieved for active suspensions of less than forty (40) hours at the discretion of the Chief of Police or designee. D. The Division Captain or equivalent will ensure that all issued uniforms and equipment of sworn employees who are suspended from duty and cited to the Civil Service Board for termination, or who are suspended for a period of greater than 240 hours (30 days), is retrieved and the employee’s immediate supervisor returns this equipment to the Property and Evidence Management Division at the beginning of the suspension or citation, unless otherwise directed by the Chief of Police, or designee. This retrieval may include a supervisor personally escorting the employee to the location where the CMPD issued uniforms and equipment is stored. E. The Division Captain or equivalent will ensure that sworn employees that are anticipated to be on light duty/worker’s compensation for a period exceeding 30 days turn in their CMPD issued firearm, related components, and other sensitive items designated by the employee’s Chain of Command while on light duty status. Any exceptions to this requirement must be approved by the Chief of Police. F. The Administrative Services Bureau Major in coordination with the CMPD Human Resources Division will ensure that upon resignation or retirement, employees return all issued uniforms and equipment to the Property and Evidence Management Division. 1. The Human Resources Division will furnish the employee with the Property Return Statement form, which will be signed by the employee's division commander, the manager of the Property and Evidence Management Division, the departing employee, and the manager of the Human Resources Division, stating that all uniforms issued to the employee have been returned to the Department. Charlotte-Mecklenburg Police Department Uniform and Personal Appearance Interactive Directives Guide Effective Date 07/02/2015 2. IX. 400-001 14 of 14 a. The completed Property Return Statement form will become a permanent part of the employee's personnel file. b. Separation from the Department will not be final until the Property Return Statement has been completed and returned to the manager of the Human Resources Division. The Internal Affairs Bureau will take necessary and appropriate action to collect all property of the Department remaining in the possession of former employees. UNIFORM AND EQUIPMENT COMMITTEE A. The Uniform and Equipment Committee will be composed of personnel assigned to the following positions: Deputy Chief of Support Services Group – Chairperson One Support Group Major – Alternate Chairperson One Field Services Major One Investigative Services Major Administrative Services Major Property and Evidence Management Manager Training Director Fiscal Affairs Manager Policies and Directives Officer One Communications Representative One Animal Care and Control Representative One Field Services Sergeant One Investigative Services Sergeant Two Field Services Officers B. X. Personnel requesting a change in departmental approved equipment, uniforms, or items worn on uniforms shall complete a “Uniform and Equipment Request and Review Form” and forward it up the requesting officer’s chain of command. The requesting officer’s chain of command will indicate approval or disapproval of the request. Disapproval by any member of the chain will stop any further action with regard to the request. The Deputy Chief should forward the denied request and documentation to the Property and Evidence Management Division’s Manager. The chain of command should not base its decision solely on the unit or section, but the overall impact the request may have on the entire organization. The Uniform and Equipment Committee will research and discuss all items submitted for review and make recommendations regarding the requested action to the Chief of Police or his designee. REFERENCES 300-006 Limited Duty 400-003 Equipment CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-002 Firearms Effective Date 12/17/2014 I. 1 of 13 PURPOSE To establish appropriate guidelines for training and qualification for the carrying of firearms by CMPD sworn personnel in all law enforcement related capacities, and to comply with the Law Enforcement Officers Safety Act of 2004 (“LEOSA”), codified at 18 U.S.C. § 926B and 926C. II. POLICY The nature of law enforcement requires on-duty sworn personnel to carry firearms. Safeguards designed to enhance employee performance for the protections of citizens as well as the employee are of prime concern. These safeguards reduce the probability of criminal and civil liability that could arise from questions of competency, training and standards. In order to ensure that they are able to perform their duties and protect themselves and the public, officers are required to demonstrate reasonable proficiency in all aspects of firearms use. In addition, officers receive periodic training in the use of firearms, the use of force, firearms safety, and basic marksmanship. Many sworn personnel wish to carry concealed firearms in off-duty capacities, and are authorized to do so under federal and state law, with certain limitations. This directive will guide sworn personnel that choose to carry concealed firearms in off-duty capacities so that their conduct will comply with applicable laws as well as the requirements of CMPD. III. DEFINITIONS A. Firearm: A handgun, shotgun, or rifle which expels a projectile by action of an explosion. B. Service Weapon: The handgun issued to sworn personnel by CMPD that is an officer’s primary firearm in all but specialized circumstances. C. Back-up Weapon: A handgun personally owned by a sworn CMPD officer that the officer has successfully qualified with and has been approved by CMPD Rangemaster for on-duty and law enforcement secondary employment to be carried by that officer as a supplement to that officer’s service weapon. A back-up weapon shall only be a caliber ranging from .380 to .45 and can reasonably be carried and easily concealable. D. Off-Duty Weapon: A handgun personally owned by a sworn CMPD officer that the officer has successfully qualified with and has been approved by the CMPD Rangemaster for off-duty concealed carry in a non-law enforcement capacity under LEOSA. An off-duty weapon shall only be a caliber ranging from .380 to .45. E. Handgun: A firearm that is commonly referred to as a pistol or revolver. F. Shotgun: The shotgun issued to sworn personnel by CMPD that is an officer’s secondary firearm in all but specialized circumstances. G. Rifle/Patrol Rifle: The rifle or sub-machine gun issued by CMPD to an officer that is to be used only under specialized circumstances and with supervisor approval (except in circumstances when, in the officer’s judgment, contacting a supervisor is not feasible). Charlotte-Mecklenburg Police Department Firearms Interactive Directives Guide Effective Date 12/17/2014 IV. 400-002 2 of 13 H. LEOSA: The Law Enforcement Officers Safety Act of 2004. A federal act that authorizes qualified sworn and retired law enforcement officers to carry concealed firearms, under certain conditions. I. Sworn Personnel: All state-certified sworn law enforcement officers regardless of rank or assignment currently in service with CMPD, including Reserve officers. PROCEDURE A. General Firearm Rules 1. Sworn personnel shall not consume or have in their body any quantity of alcohol, an unlawful controlled substance, or other intoxicating substance while carrying: a. Any firearm issued by CMPD. b. A back-up weapon in an on-duty or law enforcement secondary employment capacity. c. Any firearm in a concealed manner outside of property owned by the officer. 2. Off-duty sworn personnel are prohibited from possessing a firearm while subject to an N.C.G.S. 50B order or other domestic violence restraining order that forbids the possession of firearms. In the event that the court order allows the officer to possess a firearm for official use, the officer shall comply with the dictates of the order and shall only possess firearms issued by CMPD while on duty. Officers shall not carry back-up weapons on duty while under such a court order, and shall not engage in law enforcement secondary employment. 3. Off-duty sworn personnel are prohibited from possessing firearms in buildings owned or leased by the federal government in violation of 18 U.S.C. § 930. 4. Modifications, alterations to factory specifications, or added accessories to any firearm issued by CMPD are not permitted, except for firearms used by Range Staff with the consent of the Chief of Police. Any firearm issued by CMPD that appears to be malfunctioning shall be turned in to CMPD Firing Range Staff, or in the event that Range Staff are unavailable, to the Property and Evidence Management Division for repair. Under no circumstances shall anyone other than Range Staff or the Chief of Police authorize the destruction of a CMPD issued firearm. Any officer that modifies, alters, or adds an accessory to a backup or off-duty weapon shall notify Range Staff of such and shall re-qualify with the back-up weapon if so directed by Range Staff. 5. Firearms issued by CMPD and back-up weapons shall be cleaned at the Police Training Academy immediately following any practice or qualification. Charlotte-Mecklenburg Police Department Interactive Directives Guide Firearms Effective Date 12/17/2014 B. 400-002 3 of 13 6. Sworn personnel are prohibited from carrying any firearm issued by CMPD at any time while under suspension, on restricted duty, or limited duty because of an inability to perform the essential job functions of their position. (See 300006 Limited Duty Policy) 7. Sworn personnel shall only carry ammunition issued by CMPD Range Staff for use in any firearm issued by CMPD or any back-up weapon used while in uniform, on duty, or while engaged in law enforcement secondary employment. a. Officers shall only carry the authorized amount of ammunition to fully load the service weapon and the number of authorized magazines carried by the officer. All service weapon ammunition shall only be carried loaded in the service weapon and authorized magazines. S.W.A.T officers must be qualified with any additional specialized ammunition. b. Supervisors may have available, as needed, extra ammunition for CMPD issued firearms as provided by Range Staff. 8. Sworn personnel shall not carry any firearm while in uniform, on duty, or while engaged in law enforcement secondary employment, except in a manner authorized by Range Staff. 9. Officers will carry all handguns (service weapon, backup and off-duty) in holsters approved by the CMPD Range Master. Firearm Storage 1. Any firearm issued by CMPD shall only be stored in a safe and secure manner. Officers shall take all reasonable steps to ensure that no unauthorized person can gain control of any firearm issued by CMPD at any time. Gunlocks are issued for use with all service pistols. 2. Firearms issued by CMPD, other than shotguns and SWAT rifles, will not be stored in a vehicle unless reasonably necessary. If it is necessary to temporarily store a CMPD firearm in a vehicle, the firearm shall be placed in the locked trunk of the vehicle (if the vehicle has a trunk). CMPD issued shotguns shall be securely stored in a CMPD vehicle shotgun rack. If a CMPD vehicle is not equipped with a shotgun rack, CMPD shotguns may be temporarily stored in a vehicle trunk. Unattended vehicles in which a firearm issued by the CMPD is stored shall be locked at all times. 3. Patrol Rifle Storage a. When on-duty, Patrol Rifle Officers shall store their patrol rifles in the locked vehicle trunks of their assigned police vehicle. The rifles will be stored inside the issued hard gun case, unloaded, with the bolt forward, dust cover closed, and magazines removed. Charlotte-Mecklenburg Police Department Interactive Directives Guide Firearms Effective Date 12/17/2014 b. C. D. E. 400-002 4 of 13 At the beginning and end of the officer’s shift, the patrol rifle shall be issued and returned face to face with a supervisor and stored in a secure location with restricted access (e.g. safe), unless authorized by the Chief of Police or designee. Service Weapon 1. Sworn personnel will carry the issued service weapon at all times while in uniform, on duty, or while engaged in law enforcement secondary employment. If an officer is working a plain clothes Secondary Employment Assignment they may carry their CMPD approved “Off Duty” weapon if the officer is currently qualified with the weapon. Sworn supervisors may exempt an officer from this requirement for a law enforcement purpose. 2. Sworn personnel, while in uniform and carrying the service weapon, will wear their shields or police identification cards in conspicuous view on the outermost garment. 3. While in uniform, sworn personnel at the rank of Sergeant and below will carry on their person, two fully loaded spare magazines. The service weapon will be fully loaded with a full magazine and one in the chamber, with ammunition issued by CMPD and carried in accordance with CMPD procedures. While in uniform, sworn personnel at the rank of Lieutenant and above and any sworn personnel wearing the Class C uniform or authorized plain clothes personnel may opt to carry a single spare magazine in place of the two spare magazines. 4. An officer will not remove the service weapon from its holster while on duty, or while engaged in law enforcement secondary employment, except for supervised firearms training, equipment inspection, or when otherwise justified. Back-up Weapon 1. All sworn personnel may carry a single back-up weapon while in uniform, on duty, or while engaged in law enforcement secondary employment. Back-up weapons must be concealed when carried by an officer in uniform. 2. Sworn personnel may only carry CMPD authorized back-up weapons that he/she has been qualified to use by the range staff. 3. A back-up weapon may be carried in addition to, but not in lieu of, an officer’s service weapon. Off-duty Weapon 1. Sworn personnel may not carry off-duty weapons while in uniform, on duty, or while engaged in law enforcement secondary employment, unless approved by the Range Master as a back-up weapon. 2. Sworn personnel shall not carry an off-duty weapon concealed under LEOSA unless the off-duty weapon has been approved by Range Staff and the officer Charlotte-Mecklenburg Police Department 400-002 Firearms Interactive Directives Guide Effective Date 12/17/2014 5 of 13 has qualified with that weapon. An officer shall only carry an off-duty weapon concealed under LEOSA in a manner authorized by Range Staff. 3. F. G. Only ammunition approved by Range Staff may be carried in an off-duty weapon when that weapon is carried in a concealed manner under LEOSA. Shotgun 1. Only sworn personnel who have qualified with the shotgun may carry or use the shotgun in a law enforcement capacity. 2. Sworn personnel carrying the shotgun in a law enforcement capacity will carry the shotgun cruiser safe five (5) rounds in the magazine, zero (0) in the chamber with the safety engaged and ammunition issued by CMPD. 3. Sworn personnel will not remove the shotgun from the vehicle shotgun rack while in uniform, on duty, or while engaged in law enforcement secondary employment, except for supervised firearms training, equipment inspection, or when otherwise justified. Rifle Sworn personnel who are issued rifles or sub-machine guns by CMPD as part of specialized assignments or the Patrol Rifle designation shall use, carry, and handle the rifles or sub-machine guns only in compliance with the operating procedures for that weapon as established by Range Staff and the relevant specialized unit. Only ammunition issued and approved by the Range Master is authorized. V. FIREARMS QUALIFICATION AND TRAINING A. Qualifying 1. All sworn personnel are required to successfully qualify day and night annually with their service, back-up, and off-duty weapons. 2. All sworn personnel are required to successfully qualify at least once annually with the shotgun and any rifle issued to him/her. 3. The minimum qualifying score is 70 percent for all firearms except back-up weapons. The minimum qualifying score is 80 percent for back-up weapons. 4. Qualifications will be conducted at the Police Training Academy Range using courses of fire and training prescribed by CMPD and approved by the North Carolina Criminal Justice Training and Standards Commission. 5. All Qualifications shall include a review and policy discussion. The review shall address the authority of an officer to use deadly force under North Carolina statutory and case law of the following: a. Use of Force Continuum Charlotte-Mecklenburg Police Department Firearms Interactive Directives Guide Effective Date 12/17/2014 B. 400-002 b. Less Lethal Force c. Deadly Force 6 of 13 6. All qualifications shall be conducted using the same ammunition that is used in duty performance or ballistic equivalent as approved by the State of North Carolina. 7. Sworn personnel shall bring all issued service magazines to all training and qualification sessions. Service ammunition will be expended and replaced at the direction of the Range Staff. 8. The Range Master or his/her designee’s determinations will be final as to all issues of safety and equipment. Any weapon, holster, ammunition, or related equipment found unsafe for qualification and carry will be prohibited on the range and noted in writing. Qualification Standards All qualification sessions will be conducted by the Range Master or another certified firearms instructor. The Range Master shall issue a Standard Operating Procedure, consistent with this policy and the North Carolina Justice Education Training and Standards Commission specifications that shall govern the manner in which qualifications shall be conducted. 1. Except in the event of equipment malfunction, only three (3) attempts at qualification for each weapon are allowed per shooting day. No "warm-up" shooting is permitted. 2. Back-up and Off-duty Weapons: Sworn personnel wishing to qualify with a personally owned back-up and/or offduty firearm may do so outside of work hours, and in compliance with the following requirements: a. The weapon and ammunition must first be approved by the Range Master or his/her designee. b. Back-up and off-duty firearms must be registered with the Range Master. Serial number, make, model, caliber and the type of ammunition approved for regular use will be recorded at the time of qualification. c. Permission to carry each back-up weapon as supplemental equipment must be renewed annually. The authorization is valid until the last day of the twelfth month following the issuance of the authorization. d. Back-up and off-duty weapon qualification may take place during the semi-annual firearms qualification or at any time an appointment can be made with the Range Master. The course of qualification shall be the Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-002 Firearms Effective Date 12/17/2014 7 of 13 same, to the greatest extent possible, as that for qualification with the service weapon. C. e. Sworn personnel who fail to qualify with or otherwise obtain approval to carry a back-up weapon as supplemental equipment are prohibited from carrying such weapons on duty, in uniform, or in law enforcement secondary employment until they successfully qualify with the firearm. f. Sworn personnel are prohibited from carrying back-up weapons as supplemental equipment when under suspension, limited duty; or light duty because of an inability to perform the essential job functions of their position. Failure to Qualify 1. Service Weapon Sworn personnel who fail to qualify with their service weapon at a qualification session must immediately surrender their service weapon to the Range Master unless the failure is due to equipment malfunction. Sworn personnel who fail to qualify will not be allowed to return to duty during the period of time over which subsequent qualification attempts are made, nor shall they leave in uniform or operate a marked police vehicle. During such periods, officers may use vacation time or any other approved leave for which they are eligible. a. The two regular, semi-annual, qualification sessions will be scheduled for on-duty periods whenever possible. Sworn personnel will be paid for all regular, mandatory qualification sessions, whether or not they can be scheduled for on-duty periods. An officer who fails to qualify at a regular qualification session will be scheduled within 5 calendar days of each failure for a second, or subsequent, attempt to qualify. b. The secondary employment permit for law enforcement secondary employment of any officer who fails to qualify will be suspended immediately until such time as he or she successfully qualifies. Any such officer is prohibited from taking any law enforcement action (including exercising the power of arrest) until he or she successfully qualifies. The Range Staff will notify the on-duty supervisor of the employees division, who will make notification to the CMPD Human Resources Division. c. Officers who fail to qualify during the initial session are encouraged to practice on their own time between sessions. The Training Academy Range Facility, all necessary equipment (including an officer’s service weapon), and Range Staff will be available for training and practice by contacting the Range Master. d. Officers failing to qualify will be subject to corrective and/or disciplinary action. Failure to qualify during their scheduled qualification session Charlotte-Mecklenburg Police Department 400-002 Firearms Interactive Directives Guide Effective Date 12/17/2014 8 of 13 (70% in one out of three attempts) shall attend remedial firearms instruction. The officer shall be given three additional opportunities to qualify on a day separate from their remedial instruction. If the officer fails to qualify during one of these three attempts termination proceedings will be initiated. 2. e. Except when due to approved, extended absence or leave, failure of an officer to appear for any required qualification session within the time period established by CMPD for that qualification will be deemed a failure to report for duty and the officer’s supervisor will initiate disciplinary action. Where an officer's failure to appear for qualification during the prescribed period is caused by approved extended absence or leave, the failure to appear will not be considered as a failure to qualify. Upon the officer's return, however, he or she will be assigned to administrative duties for up to five (5) working days for firearms refamiliarization and qualification. After the five (5) working days, an officer's failure to qualify will be treated as any other failure to qualify with the weapon. f. Police Recruit Qualification (1) Police recruits are required to qualify with the handgun as required by the Basic Law Enforcement Training guidelines contained in the Firearms Section of the BLET manual. (2) Police recruits are required to qualify with the shotgun prior to carrying it on duty. (3) Failure to qualify or failure to successfully complete the firearms training as set forth in the BLET manual will result in immediate termination. Shotgun Upon any failure to qualify with the shotgun, sworn personnel are prohibited from using a shotgun in uniform, on duty, or while engaged in law enforcement secondary employment. Upon any later successful qualification, the officer may resume use of the shotgun. 3. Rifle Upon any failure to qualify with a rifle issued by CMPD, the officer is prohibited from using the rifle and shall be relieved from the specialized duty assignment requiring the rifle until the officer has successfully qualified with the rifle. 4. Back-up and Off-duty Weapons An officer that fails to qualify with a personally-owned firearm is prohibited from carrying that weapon in uniform, on duty, while engaged in law enforcement secondary employment, or concealed under LEOSA until such time that the Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-002 Firearms Effective Date 12/17/2014 9 of 13 officer returns to the Training Academy Range and successfully qualifies with that weapon. D. E. Training 1. All sworn personnel authorized to carry firearms will complete mandatory annual training on safety, basic marksmanship, law, and CMPD policy regarding use of force. At the discretion of the Training Director, this training may be scheduled concurrently with range training, a qualification session, or other in-service training. 2. All Lateral Transfer Officers to CMPD will attend the current tactical training series and the combat training and qualification. 3. All officers will attend annual range training in both daytime and nighttime shooting. 4. Shotgun training and qualification will take place annually at the discretion of the Training Director, and may occur in a session combined with daytime service weapon qualification. 5. Rifle training and qualification will take place annually as scheduled by the Range Staff and the specialized unit to which the rifle was issued. At the discretion of the Training Director, rifle training and qualification may occur in a session combined with daytime service weapon qualification or other training. 6. Training sessions may be scheduled for on-duty periods when possible. Officers will be paid for all regular, mandatory training sessions, whether or not they can be scheduled for on-duty periods. Non-mandatory training participated in by the officer will be on his or her own time and at the officer's expense. Firearms Training Records 1. Training and qualification records are maintained for two years by the Training Academy and then sent to the CMPD Human Resources Division and will include all scores for each officer's qualification sessions. 2. The Training Director will notify the appropriate division supervisors of performance deficiencies of officers under their command. 3. The Training Director will submit to the Chief of Police a list of officers who failed to qualify with their service weapon during the previous calendar year. The list must then be submitted to the North Carolina Criminal Justice Education Training and Standards Commission no later than January 15th of that year. The Commission may issue a notice of suspension of certification to the listed officers and the officer's employing agency. Charlotte-Mecklenburg Police Department Firearms Interactive Directives Guide Effective Date 12/17/2014 VI. 10 of 13 LAW ENFORCEMENT AIR TRAVEL WITH ACCESSIBLE FIREARMS A. VII. 400-002 Federal law allows local sworn law enforcement officers to travel on commercial airlines in possession of firearms under very limited circumstances and only in connection with a law enforcement need for a firearm to be accessible such as escort of a prisoner. Officers that have a duty related need to carry an accessible firearm during air travel must: 1. Consult the current Transportation Security Administration (TSA) CFR for rules and restrictions for armed travel. 2. Obtain authorization from the officer’s chain of command. 3. Obtain certification of completion of “LEO Flying Armed” (found through the CMPD Academy Learning Management System.) 4. Obtain TSA authorization through the Communications Division, DCI office. 5. Follow all directions and procedures as established in the current TSA CFR and make the required notifications to the Federal Air Marshal Staff, Airport Police Captain and TSA of armed CMPD presence on the aircraft. OFF-DUTY CONCEALED CARRYING OF FIREARMS A. North Carolina Concealed Carry Law 1. 2. The offense of carrying a concealed weapon in North Carolina has been amended so as to exempt sworn law enforcement officers, when off-duty, from the general prohibition on the carrying of concealed weapons. This exemption applies only when the officer in question: a. Is a sworn law enforcement officer; b. Is in North Carolina; c. Is off-duty; and d. Has no alcohol or unlawful controlled substance in his/her body. Any CMPD sworn personnel carrying a concealed weapon under this exemption in North Carolina shall only do so in compliance with the following requirements: a. The officer shall have on his/her person the photo identification issued to the officer by CMPD. b. The officer shall not consume or have in his/her body any alcohol or unlawful controlled substance. c. The officer shall not carry any concealed firearm other than the officer’s service weapon or approved back-up or off-duty weapon. Charlotte-Mecklenburg Police Department Firearms Interactive Directives Guide Effective Date 12/17/2014 B. C. 400-002 11 of 13 North Carolina Concealed Carry Permit 1. North Carolina law authorizes any qualifying citizen to obtain a concealed carry handgun (“CCH”) permit. A CCH permit authorizes a permit holder to carry concealed handguns in North Carolina, under certain restrictions. These permits are also recognized via reciprocity by numerous other states. (The North Carolina Department of Justice maintains a regularly updated list of reciprocating states available at www.ncdoj.com.) 2. CMPD personnel may utilize North Carolina’s concealed carry handgun permit authorization. Sworn law enforcement officers and recently retired sworn law enforcement officers (within one year) are not required to complete the standard CCH training course in order to secure a CCH permit. Personnel who wish to secure a CCH permit should contact the sheriff’s office of his/her county of residence. 3. Any off-duty officer who is carrying a concealed handgun under the authority of a North Carolina concealed carry handgun permit is under no CMPD restriction, but that officer shall fully comply with all requirements and restrictions of North Carolina’s concealed carry handgun permit law. The Law Enforcement Officers Safety Act of 2004, “LEOSA” 1. It is the policy of CMPD to comply with LEOSA. 2. LEOSA DOES NOT: 3. a. Grant law enforcement officers any police authority in jurisdictions outside of their home jurisdiction. b. Authorize off-duty law enforcement officers to carry firearms, concealed or otherwise, on federal, state or local government property. c. Authorize off-duty law enforcement officers to carry firearms, concealed or otherwise, on private property. d. Place any obligation on off-duty law enforcement officers to perform any law enforcement act or to assist any other law enforcement agency while carrying a concealed firearm. e. Exempt current or retired officers from any state or local purchase or registration laws relating to firearms. Off-Duty Carry under LEOSA a. Off-duty CMPD officers outside of their territorial jurisdiction do not have law enforcement authority, and any action(s) taken under those circumstances are purely private acts that are not sanctioned, and will not be defended, by the CMPD or the City of Charlotte. Charlotte-Mecklenburg Police Department Firearms Interactive Directives Guide Effective Date 12/17/2014 4. 400-002 12 of 13 b. While CMPD officers are expected to be familiar with criminal laws applicable to their jurisdiction, the laws of other jurisdictions may vary greatly, and CMPD officers are therefore admonished to act with caution and with due regard for local laws when in other jurisdictions. c. Reserve officers are not eligible to carry firearms under LEOSA solely by virtue of their reserve status. LEOSA Procedure for Current Sworn Officers a. b. c. Any current CMPD sworn officer carrying a concealed firearm while off duty and under the authority of LEOSA, shall comply with the requirements and restrictions of LEOSA, as well as this directive. Current CMPD sworn personnel must meet all of the following qualifications in order to carry a concealed firearm under LEOSA: (1) Possess statutory powers of arrest and be authorized by the CMPD to carry a firearm pursuant to his/her regular duties; (2) Have successfully completed, within the past 12 months the CMPD designated firearms qualification course for the concealed firearm; (3) Not consume, be under the influence of, or have in his/her body, alcohol or any other intoxicating or hallucinatory substances; (4) Not be prohibited by Federal or State law from possessing a firearm; (5) Not be subject to CMPD disciplinary action preventing the officer from carrying a firearm; Required Identification. (1) Any off-duty officer carrying a concealed firearm under LEOSA must have his/her CMPD photo identification card in his/her immediate possession. (2) An officer not authorized to carry firearms due to a specialized duty assignment or disciplinary review shall surrender his/her CMPD identifications to his/her immediate supervisor or to the Internal Affairs Bureau if requested by that unit. No current CMPD sworn personnel carrying a concealed firearm under LEOSA shall do any of the following: (1) Use any ammunition not issued by CMPD in his or her service weapon. (2) Use any ammunition not approved by Range Staff for a particular off-duty or back-up weapon. Charlotte-Mecklenburg Police Department Interactive Directives Guide Firearms Effective Date 12/17/2014 VIII. 400-002 13 of 13 REFERENCES 300-007 Secondary Employment 400-003 Equipment 600-018 Use of Deadly Force 600-019 Use of Less Lethal Force 600-020 Use of Force Continuum 900-010 Shotgun Inventory Patrol Rifle Standard Operating Procedure 49 C.F.R. 1544.219 Carriage of Accessible Weapons (Department of Homeland Security) 18 U.S.C. § 930 Possession of Firearms in Federal Facilities 18 U.S.C. §§ 926B, 926C Law Enforcement Officers Safety Act of 2004 (LEOSA) G.S. 14-269 G.S. 14-415.1 et. seq. G.S. 50B-1 et. seq. 12 N.C.A.C. 9E.0106 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Equipment Effective Date 02/24/2015 I. 400-003 1 of 8 PURPOSE To provide guidelines for the proper use and maintenance of issued equipment and for the return of issued equipment. II. POLICY The Charlotte-Mecklenburg Police Department will purchase and replace all required equipment for its employees, including protective vests that are issued to police trainees while they are enrolled in the Training Academy. The purchase of all approved supplemental equipment is the responsibility of the employee. III. IV. POLICE IDENTIFICATION A. When not in uniform, all police personnel will wear their CMPD issued police identification card at all times when inside Police Headquarters or any CMPD facility. B. Officers will carry their CMPD issued police identification cards at all times except when impractical, or deemed to be dangerous or harmful to a criminal investigation. REQUIRED EQUIPMENT A. Employees are responsible for the security of their equipment and for taking reasonable precautions to ensure that it is used properly. B. All patrol personnel at the rank of sergeant or below will carry their service weapon with magazine, radio, handcuffs, OC aerosol spray, Conducted Electrical Weapon (CEW)(if Issued) and collapsible baton while on duty. CEW devices must be carried on the non-gun side. In addition all patrol personnel at the rank of sergeant and below will have ready access to their flashlight (not to exceed thirteen (13) inches in length, excluding the traffic wand attachment). C. All personnel (sworn, civilian or volunteer) will carry the issued American Standard for High Visibility/International Safety Equipment Association (ANSI/ISEA) fluorescent green reflective traffic safety vest, or other authorized fluorescent green reflective traffic safety wear while on duty or working secondary employment/special events. Affected personnel will have the fluorescent green reflective traffic safety vest available for use at all times when needed for traffic direction. D. Sergeants are required to regularly inspect this equipment. E. Plainclothes officers, including all police personnel of the rank of sergeant or below assigned to plainclothes duties, will carry their service weapon with magazines and handcuffs while on duty. F. Sensitive Items: All firearms, magazines, ammunition, Conducted Electrical Weapons (CEW), portable radios, collapsible baton, OC spray, Badge, ID and access cards, take home cars, keys and fuel cards or any other items as deemed by the CMPD Chain of Command. Charlotte-Mecklenburg Police Department Equipment Interactive Directives Guide Effective Date 02/24/2015 V. 400-003 2 of 8 SUPPLEMENTAL EQUIPMENT A. Officers may obtain, at their own expense and use on duty, equipment which duplicates issued equipment and has been approved for duty use. Such equipment may include, but is not limited to the following: 1. Patent leather belts, handcuff cases, radio cases; 2. Police whistles and whistle chains; 3. Gloves that resist cuts and punctures for conducting searches; 4. Approved sweaters/jackets, mock turtlenecks and winter hats; 5. Approved ANSI/ISEA fluorescent green reflective traffic vest; and, 6. Approved web gear for use with the Class B Alternate Duty Uniform. B. Officers may wear black or blue gloves designed for warmth with the class A, long sleeve class B, or class C uniform during cold or inclement weather. The gloves must allow the use of issued police equipment, including firearms. C. Sworn personnel who are authorized may wear approved commendation/service bars properly on their uniform shirt. Sworn personnel may wear no more than four approved commendation/service bars on the uniform shirt. D. Officers may wear sunglasses while on duty that do not have mirrored lenses. E. The Property and Evidence Management Division maintains a list of approved supplementary equipment. Employees wishing to use supplementary equipment should refer to this list before purchasing or using supplementary equipment. F. Employees requesting a change in supplementary equipment shall: 1. Complete a Uniform and Equipment Request and Review Form and forward it up the requesting employee’s chain of command. 2. The requesting officer’s chain of command will indicate approval or disapproval of the request. 3. Disapproval by any of the chain will stop any further action with regard to the request. 4. The Uniform and Equipment Committee will research and discuss all items submitted for review and make recommendations regarding the requested action to the Chief of Police or his designee. 5. The chain of command should not base its decision solely on the unit or section, but the overall impact the request may have on the entire organization. The Deputy Chief should forward the denied request and documentation to the Property and Evidence Management Division’s Manager. Charlotte-Mecklenburg Police Department Equipment Interactive Directives Guide Effective Date 02/24/2015 VI. VII. 400-003 3 of 8 HOLSTER AND MAGAZINE CARRIERS A. All sworn personnel below the rank of captain are issued a departmental approved security holster for wear while in uniform. The Range Master will maintain a list of department approved optional holsters for plainclothes or uniform wear. Personnel may, at their own expense, purchase and wear a department approved optional holster for uniform wear. Officers utilizing any non-approved holster for duty use are in violation of this directive. Shoulder or ankle holsters are not approved optional holsters for plainclothes duty use. B. All sworn personnel below the rank of Lieutenant assigned to plainclothes positions are issued a department approved pancake style holster for plainclothes duty use. Personnel may, at their own expense, purchase and wear a department approved optional holster for plainclothes duty use. C. All sworn command staff personnel (Lieutenant or above) are issued a department approved pancake style holster for duty use. Command staff personnel may, at their own expense, purchase and wear a department approved optional holster for plainclothes use. D. All sworn personnel are issued a double magazine carrier for uniform duty use. Personnel assigned to plainclothes positions are issued a single magazine carrier for plainclothes duty use. Personnel may, at their own expense, purchase and wear an approved single magazine carrier. E. Officers participating in firearms qualification sessions at the police firing range are required to use the holster and magazine carrier utilized in their normal duty assignment. RADIOS A. Uniformed officers are issued portable radios and will carry them at all times while on duty, except personnel who are assigned to administrative duties. B. Officers assigned to vehicles will have their portable radios with them and turned on each time they leave the vehicles, except when impractical or dangerous or harmful to the progress of a criminal investigation. 1. Officers entering a situation where they will have their portable radio turned off will notify their dispatcher of their location and the reason they will be off the air. 2. The officer will notify the dispatcher as soon as possible upon returning to "on the air" status. C. Officers are encouraged to carry their portable radio with them while off-duty. Officers carrying a portable radio while off-duty will keep it in their personal possession or make certain it is secured against loss, theft, or damage when left unattended. D. Replacement Radios Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-003 Equipment Effective Date 02/24/2015 4 of 8 Officers turning-in radios in to the Communications Division for repair will receive replacement radios and must immediately inform the Communications Division supervisor of the identification number of both the new radio and the old radio. The officer will be permanently assigned the new radio. VIII. RESPONSIBILITY FOR EQUIPMENT A. The Property and Evidence Management Division is responsible for determining the need for proper storage and dispensing of police equipment. B. Worn equipment and equipment damaged or destroyed in the line of duty will be repaired or replaced by the Department. Officers wishing to replace worn or damaged equipment must first turn the item in to the Property and Evidence Management Division to receive a requisition for replacement. C. All equipment will be properly maintained by the employee to whom such items are issued. D. IX. 1. Any employee who has, through negligence, lost or damaged any of his or her equipment may be required to reimburse the Department for all or part of the cost of such item(s). 2. Any employee who has intentionally lost, damaged or abused any of his or her equipment will be required to reimburse the Department for all or part of the cost of such item(s). 3. Any unit that has specialized equipment stored must have the equipment in operational readiness and that equipment must be inspected on a regular basis. The captain in each division will ensure that an inventory audit is conducted annually and will forward the results to the Property and Evidence Management Division. 1. An annual equipment inventory will be completed in each division on property items that have a value over $5000.00 as mandated by the City of Charlotte’s inventory policy. 2. An annual inventory will be conducted on all office equipment and furniture valued under $5000.00. The inventory for items under $5000.00 will include chairs, desks, bookshelves, conference tables, televisions, printers, fax machines, copy machines, microwaves and refrigerators. LOST EQUIPMENT A. Employees who lose their police service weapon, CEW, police badge, police identification card, police radio, or assigned computer will immediately report such loss to their supervisor in writing. 1. The employee's supervisor will notify the Communications Division supervisor immediately regarding a lost or stolen police radio or computer. Charlotte-Mecklenburg Police Department Equipment Interactive Directives Guide Effective Date 02/24/2015 X. 400-003 5 of 8 2. The Communications Division supervisor will take appropriate action to deactivate the lost or stolen radio. 3. The Computer Technology Solutions (CTS) Division will take appropriate action to de-activate remote computer access to the CMPD LAN. B. Employees who lose clothing or equipment other than the police service weapon, police badge, identification card, or police radio, will report the loss to their supervisor in writing within twenty-four hours. C. The supervisor will investigate the loss of any issued equipment and prepare a written report including his or her findings and recommendations for replacement of the lost items. D. A copy of the supervisor's report will be forwarded to the employee's Service Area Major via the chain of command. E. If the Service Area Major concurs with the supervisor's report and recommendations, he or she will take the following actions. 1. Forward a copy of the report to the Property and Evidence Management Division, where the recommendations for replacement of the lost equipment will be undertaken. 2. Forward a copy of the report to the Human Resources Division to be included in the employee's file. 3. Forward a copy of the report to the employee involved. F. If the Service Area Major does not concur with the supervisor's report or recommendations; the service area/division commander will initiate an investigation and make a decision based on these findings. The decision of the Service Area Major is final. G. If it is determined that the employee was negligent in the loss or damage of departmental equipment, the employee may be required to reimburse the Department for all or part of the cost of the item(s). PROHIBITED EQUIPMENT A. Prohibited equipment includes, but is not limited to: 1. Blackjacks; 2. Brass knuckles; 3. Ammunition other than department issued for departmental weapons; 4. Gloves that do not cover the entire hand, wrist, and fingers, i.e., driving gloves; 5. Mirrored sunglasses. Charlotte-Mecklenburg Police Department Equipment Interactive Directives Guide Effective Date 02/24/2015 XI. XII. 400-003 6 of 8 B. Bicycle officers may wear approved bicycle gloves while actually riding the bicycle. Officers must remove their gloves when performing other functions as part of their bicycle patrol duties. C. No employee of the Department will use a tape recorder on-duty, other than one that is issued or authorized by the Department. To obtain authorization for a tape recorder not issued by the Department, an employee must complete and submit a Request for Supplemental Equipment Authorization Form to their Service Area Major. CELLULAR PHONES A. Employees may carry personal cell phones while on-duty. The number(s) of personal cell phones may be submitted to the Human Resources Division by completing the information in the Personnel Information site of the CMPD Portal. B. The Fleet Unit may issue a departmental cell phone to an employee based on need and only after approval from their chain of command. Seeking approval from the employee’s chain of command is the employee’s responsibility. When approval is granted from chain of command, the Deputy Chief of Administration will forward the approval to the Fleet Manager to issue the cell phone. 1. Should the need for a cell phone no longer exist, the employee transfers, or resigns, etc, the cell phone will be returned to the Fleet Manager. 2. Cell phones are issued to individual employees and units in which they are assigned. However, if a cell phone is used for a specific function such as a Community Coordinator, and the employee leaves that position, the cell phone will be returned to the Fleet Manager. The cell phone may then be issued to the new employee assuming the job function and responsibilities of the previous employee assigned. The cell phone numbers remain the same. 3. Any employee issued a cell phone by the Department is required to list that cell phone number on the Department’s electronic phonebook (ephonebook) as part of the employee information section. OFF-DUTY USE OF DEPARTMENT EQUIPMENT Employees may use departmental equipment issued to the employee for regular duty use when engaged in secondary employment. Employees may not use specialized departmental equipment when engaged in secondary employment without the approval of the Special Events Coordinator. Questions regarding the use of specialized equipment should be directed to the Special Events Coordinator. XIII. RETURNING EQUIPMENT AND UNIFORMS A. The Division Captain or equivalent in coordination with the CMPD Human Resources Division will ensure that employees with an approved leave of absence, return all Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-003 Equipment Effective Date 02/24/2015 7 of 8 issued uniforms and equipment to the Property and Evidence Management Division no less than twenty four hours before the start of the leave of absence, unless otherwise directed by the Chief of Police, or designee. B. The Division Captain or equivalent in coordination with the CMPD Human Resources Division will ensure that employees taking Military Leave for more than thirty (30) days return all issued uniforms and equipment to the Property and Evidence Management Division no less than twenty four hours before the start of the Military Leave. C. The Division Captain or equivalent will ensure that Sworn employees suspended for a period exceeding forty (40) hours turn in their sensitive items. The employee’s immediate supervisor will return this equipment to the Property and Evidence Management Division for storage pending the officer's return to duty. However, sensitive items may be retrieved for active suspensions of less than forty (40) hours at the discretion of the Chief of Police or designee. D. The Division Captain or equivalent will ensure that all issued uniforms and equipment of sworn employees who are suspended from duty and cited to the Civil Service Board for termination, or who are suspended for a period of greater than 240 hours (30 days), is retrieved and the employee’s immediate supervisor returns this equipment to the Property and Evidence Management Division at the beginning of the suspension or citation, unless otherwise directed by the Chief of Police, or designee. This retrieval may include a supervisor personally escorting the employee to the location where the CMPD issued uniforms and equipment is stored. E. The Division Captain or equivalent will ensure that sworn employees that are anticipated to be on light duty/worker’s compensation for a period exceeding 30 days turn in their CMPD issued firearm, related components, and other sensitive items designated by the employee’s Chain of Command while on light duty status. Any exceptions to this requirement must be approved by the Chief of Police. F. The Administrative Services Bureau Major in coordination with the CMPD Human Resources Division will ensure that upon resignation or retirement, employees return all issued uniforms and equipment to the Property and Evidence Management Division. 1. The Human Resources Division will furnish the employee with the Property Return Statement form, which will be signed by the employee's division commander, the manager of the Property and Evidence Management Division, the departing employee, and the manager of the Human Resources Division, stating that all uniforms issued to the employee have been returned to the Department. a. The completed Property Return Statement form will become a permanent part of the employee's personnel file. Charlotte-Mecklenburg Police Department Equipment Interactive Directives Guide Effective Date 02/24/2015 b. 2. XIV. 400-003 8 of 8 Separation from the Department will not be final until the Property Return Statement has been completed and returned to the manager of the Human Resources Division. The Internal Affairs Bureau will take necessary and appropriate action to collect all property of the Department remaining in the possession of former employees. REFERENCES Rules of Conduct #7 300-004 Sick Leave Policy 300-006 Limited Duty Policy 300-007 Secondary Employment 300-010 Administrative Leave 300-016 Military Leave 400-001 Uniforms and Personal Appearance Policy 400-002 Firearms 400-004 Use of Computers CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Technology Effective Date 02/24/2015 I. 400-004 1 of 6 PURPOSE This Directive establishes guidelines for the planning, acquisition, and use of computer resources within CMPD. It outlines the parameters for use of software, hardware, and data to protect the interests of CMPD and its employees. II. III. PROCEDURE A. CMPD will maintain and use all computer systems according to applicable Federal, State, and local laws, software manufacturer licensing agreements, and CMPD rules and regulations. B. At no time will software be installed or used on any computer system, either owned by CMPD or used on CMPD property, in violation of copyright laws or this policy. DEFINITIONS A. App: An application, typically a small, specialized program downloaded for mobile devices. B. City Innovation & Technology (City I&T): City department responsible for IT Service Desk support, Network, Servers, and other hardware and software support used by City of Charlotte personnel. C. Computer: Any desktop or laptop computer (also referred to as hardware). D. Computer Technology Solutions (CTS): CMPD Division responsible for the management and support of business-specific applications. E. Software: Programs used by the computer to perform any of its functions. F. Authorized Software: Computer programs used at CMPD that have been approved for use by CTS and City I&T. These fall into two categories: 1. Standard Software: Computer programs that are part of the standard software available to all CMPD employees and that the City of Charlotte has paid for or is licensed to use. Example: Microsoft Windows. 2. Non-Standard Software: Computer programs that are not part of the standard software available to all CMPD employees but that can be purchased or licensed by CMPD for CMPD business use upon request by individual users. Example: Adobe Acrobat Pro or Photoshop. G. Data File: Word processing, spreadsheet, database or other files containing information, as opposed to software which acts on a data file. H. Mobile Device: A portable, wireless computing device that is small enough to be used while held in the hand; PDA, smartphone, tablet, etc. I. Mobile Support Services Team (formerly Laptop Depot): A facility, located at Innovation & Technology – Public Safety Communications located on Spratt Street, Charlotte-Mecklenburg Police Department 400-004 Use of Technology Interactive Directives Guide Effective Date 02/24/2015 2 of 6 which provides repair services for all in-car computer equipment, including modems, laptop hardware defects or damages, and provides an additional but limited level of software support. IV. J. City Service Desk: Group responsible for recording and tracking computer-related problems or requests. The service desk is available by telephone at (704) 336-5555 or through the on-line Service Desk portal. K. Administrative Rights: Permission for a user to access system-level settings on the computer. Only City I&T through CTS can grant Administrative Rights. L. Wireless Network (Wi-Fi): Computer network that is not connected by cables of any kind. Radio waves are the basis of wireless systems. M. XenPrise: Management application for mobile devices to ensure network security and provides the ability for remote management of mobile devices. RESPONSIBILITIES A. B. CMPD Computer Technology Solutions (CTS) 1. Reviews requests from CMPD employees for computers and software, and makes recommendations to the appropriate service area Deputy Chief or Division manager. 2. Acts in an advisory capacity to requests for computer training. 3. Coordinates acquisition of CMPD computer hardware and software products with City I&T. 4. Coordinates the installation, use, and support of CMPD computer systems. 5. Works with City I&T to monitor service level agreements set forth for support of CMPD infrastructure components. 6. Acts in an advisory capacity for the selection of hardware and software to support CMPD business objectives. 7. Responsible for the procurement, selection, implementation, and maintenance of all business-related applications and specialty computer hardware required to support CMPD business objectives. City of Charlotte Innovation & Technology (City I&T) 1. Establishes guidelines for procurement of computer hardware, software, and supplies; maintenance of computer hardware and software; use of computer hardware and software; and inventory of all computer hardware and software. 2. Provides a mechanism for regular updates to computer software to protect against security risks, computer viruses and other malicious software. Charlotte-Mecklenburg Police Department Use of Technology Interactive Directives Guide Effective Date 02/24/2015 C. D. 400-004 3 of 6 3. Responsible for the procurement, selection, implementation, and maintenance of all enterprise networks, computer hardware, and service desk services. 4. Monitors security and virus protection for all City computer equipment. Division Managers 1. Ensure that members of each Division, Section or Unit comply with all applicable statutes, software manufacturers' licensing agreements, and CMPD rules and regulations concerning the use of all computer systems and software used by employees under their command. 2. Provide for the physical security of computer equipment, data files and software. To the extent practical, this equipment and software should be located in a controlled area that restricts access by unauthorized persons. 3. Direct any requests for computer assistance (i.e., hardware, software supplies, or training) to the City Service Desk. 4. Ensure that all desktop, laptop, and mobile device users under their command perform computer updates in a reasonable amount of time in order to maintain the safety and security of the CMPD network. Computer Users 1. Users must operate any computer system in accordance with all applicable Federal, State, and local laws, software manufacturer licensing agreements, and CMPD rules and regulations. 2. Users must periodically make backup copies of all critical or sensitive data files in accordance with the City Policy for Protection of Restricted Data and maintain these backup files in a secure location on any of the following: a. Network folder on the CMPD Local Area Network (LAN) b. External device, such as CD, DVD, USB “thumb drive” c. Another computer 3. Users will not make unlicensed copies of any software package. All copies of software will be managed by City I&T or CTS. 4. Users will not attempt to alter computer software. Software customization using user-accessible settings provided in the software is allowed. 5. Users who need Administrative Rights will provide a valid reason for needing such rights and submit their requests to CTS through the employee’s Chain of Command at the Major level or higher. Charlotte-Mecklenburg Police Department Use of Technology Interactive Directives Guide Effective Date 02/24/2015 V. 400-004 4 of 6 UTILIZATION OF COMPUTERS AND NETWORKS A. All computer equipment is provided for the purpose of conducting CMPD business. In addition, the use of computers is governed as follows: 1. Use in the course of approved secondary employment is permitted. 2. Use for personal financial gain, whether on or off-duty, is prohibited. B. All information stored within a CMPD-owned computer or mobile device is considered official business and is the property of CMPD. All information within the computer or mobile device is subject to inspection and may be audited. The same restrictions apply to all CMPD-related information stored on a personally-owned computer or mobile device. C. Employees will not install, or allow to be installed, any software or hardware on any CMPD-owned desktop or laptop except by approval from CTS. D. Employees may download apps on their mobile devices as long as the app does not conflict with a business-related application. E. Users may request that non-standard software be purchased and added to their computers under the following conditions. F. 1. The employee demonstrates a need for the software. 2. The software is approved by the employee's Chain of Command at the Major level or higher and the manager of CTS. 3. The software does not conflict with current CMPD software and hardware configurations as determined by CTS. 4. The software is installed by City I&T or CTS personnel. 5. City I&T and CTS will provide limited support for non-standard software that meets the previous conditions. City I&T staff will contact software vendors when necessary to resolve a problem. Users may request permission to use personal software under these conditions: 1. The employee must purchase personal software themselves. 2. Use of the personal software must not conflict or interfere with the employee’s work or with any resources in the CMPD computer network as determined by CTS and City I&T 3. CTS and City I&T will not provide Help Desk, radio, or phone support for personal software. 4. CTS will have the right to remove personal software from any CMPD-owned computer. Charlotte-Mecklenburg Police Department Use of Technology Interactive Directives Guide Effective Date 02/24/2015 G. VI. 400-004 5 of 6 City of Charlotte Wireless Networks (WI-FI) 1. Employees have access to City of Charlotte wireless (WI-FI) networks in patrol vehicles and Division offices. 2. Access to the wireless network must be for business-related purposes only. 3. Personal devices can only be connected to the Enterprise wireless network at CMPD and City Facilities and may not be connected via the 4G connection available in the vehicle. 4. Employees may access the wireless network using their personal devices ONLY if the device is running the City-mandated security application (XenPrise). COMPUTER SERVICE AND SUPPORT A. B. 24 hour computer service and support is available year round through the City Service Desk. 1. Computer users should submit a Help Desk ticket to the City Service Desk or call the Help Desk at (704) 336-5555 for all system, hardware, or software problems. Mobile customers can alternatively contact the City Service Desk using CTS-1 on the radio. 2. Laptop Users: If the City Service Desk is unable to troubleshoot the problem by telephone, the user may be instructed to take the laptop to the Mobile Support Services Team during regular business hours (0700-1800 hours Monday– Friday). a. The Mobile Support Services Team may replace the malfunctioning laptop with an operational one. b. Laptop users should notify their Division’s inventory control employee of the laptop replacement so the proper documentation can be made in CMPD’s inventory system. Remote Access Users 1. Employees wanting access to the CMPD network from a remote location will request access through their Chain of Command at the Major level or higher. 2. City I&T staff will establish access for the employee and provide instructions for using remote access. 3. The employee’s supervisor will advise CTS if the business reason for remote access no longer exists for that employee, and CTS will notify City I&T to remove access. Charlotte-Mecklenburg Police Department Use of Technology Interactive Directives Guide Effective Date 02/24/2015 VII. VIII. IX. X. 400-004 6 of 6 LEAVE AND SEPARATION FROM EMPLOYMENT A. When an employee resigns, retires, is separated from employment with CMPD for any other reason, takes leave of 30 days or greater, or for any other reason at the discretion of the Chief of Police the employee will surrender all data files and computer-related equipment. B. Upon notification from Human Resources that an employee resigns, retires, is separated from employment with CMPD for any other reason, takes leave of 30 days or greater, or for any other reason at the discretion of the Chief of Police City I&T staff will remove the employee’s access rights to the CMPD network and all CMPD files. TRANSFER OF EMPLOYEES AND COMPUTER EQUIPMENT A. CTS, along with the service area Deputy Chief or Bureau Manager, will approve computer equipment transfers to other work areas or divisions. B. Any employee who transfers within CMPD will release to the person replacing the transferring employee or the employee's immediate supervisor any data, hardware, software, etc. that applies to the job being performed at a particular computer. C. Any employee who transfers within CMPD must notify CTS prior to the transfer of any laptops, desktops, or other computer equipment that the transferring employee will take to the new division. Protection of Data A. Users must have a unique password to access resources in the CMPD computer network in adherence with City Password Policy. B. All CMPD Personnel will endeavor to identify and protect data that is exempt from public disclosure under North Carolina Public Records Law in adherence with City Policy for Protection of Restricted Data and the City of Charlotte Information Security and Protection Manual. C. CMPD personnel will abide by the requirements of the City of Charlotte Information Security and Protection Manual establishing directives and guidelines for the City Information Security Program. D. Employees who need access to data created by a CMPD employee (such as e-mail), will request this data from City I&T personnel through their Chain of Command at the Major level or higher or through Internal Affairs. REFERENCES Rule of Conduct Charge Code 32 (A,B) 400-003 Equipment ADM 13 Protection of Restricted Data IT-001 City Password Policy Information Security Policy and Procedure Manual G.S. 14-454 G.S. 14-455 Charlotte-Mecklenburg Police Department Interactive Directives Guide Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 I. 400-005 1 of 8 PURPOSE Establish policy regarding the use and control of digital video/audio recorders installed in CMPD vehicles. II. III. POLICY A. It is the policy of CMPD that officers will use digital mobile video/audio recording (DMVR) equipment to record video and audio transactions, in their entirety, that occur between officers and the public as described in this directive. To maximize the utility of this equipment, officers will follow the procedures for DMVR equipment use as set forth in this directive. B. Any portion of a video/audio recording that contains events surrounding a violation of the law (which includes a crime or offense prosecutable in the criminal courts in this State or the United States or an infraction) is considered a record of a criminal investigation, as described in N.C.G.S. 132-1.4, and not a public record, as defined in N.C.G.S. 132-1. C. Video/audio recordings are the property of the CMPD and will not be duplicated except as described in Section V-A. D. Any violations of this directive are considered a violation of the Rules of Conduct (#2 Violation of Rules). DEFINITIONS A. DMVR: Mobile Video Recording – Digital format electronic B. Trigger Event: An event that causes the vehicle’s /DMVR to begin recording. (see Section IV-A 3) C. Continuous Recording: The vehicle DMVR system is always on and recording, except when the vehicle has been turned off for more than a preset amount of time (example: 90 minutes). However, the recording is not saved unless a trigger event occurs. D. Pre-Event Recording: The vehicle DMVR system will retain the video recording made prior to a trigger event, up to 60 seconds, depending on system settings. Audio is not recorded until the trigger event occurs. E. Wireless Upload: Each vehicle DMVR is assigned to the DMVR server located at a specific division office. When the police vehicle is within range of the wireless access point antennas installed at the assigned division office, the recordings stored on the vehicle DMVR are automatically transferred over a wireless connection to the division DMVR server. F. Manual Upload: In the event of a DMVR wireless outage or an excessive amount of recordings are stored on the memory card in the vehicle DMVR, the memory card may Charlotte-Mecklenburg Police Department 400-005 Digital Mobile Video Recordings (DMVR) Interactive Directives Guide Effective Date 05/11/2015 2 of 8 be removed and the recordings manually uploaded using the card reader in the Division office. IV. G. Bookmark: Term used to signify the various methods (bookmarks, tags) an authorized user can classify an event that has been recorded and set retention period. H. DVD Format: DMVR copy version in which the video and two separate audio channels are combined into one track and are capable of being played on a standard DVD drive. I. PC Format: DMVR copy version in which the video and two separate audio channels can be played together or separately and shows patrol vehicle information. PC Format allows viewer to access “bookmarks”. J. Division Administrator: Person assigned by Division Command to administer the DMVR system for the Division. K. Agency Administrator: Person assigned by CMPD Chain of Command to administer the DMVR systems. L. DMVR/BWC Coordinator: Person assigned by CMPD Chain of Command to coordinate availability of duplicate recordings for approved use. M. Chain of Custody Report: Report provided from the DMVR system to document all events that are associated with the case. PROCEDURES A. Officers will adhere to the procedures listed below when utilizing DMVR equipment. 1. DMVR equipment installed in a vehicle is the responsibility of the officer assigned to that vehicle and will be maintained according to manufacturer's recommendations. 2. Prior to and throughout each shift, officers will ensure that all components of their DMVR equipment are working satisfactorily and will immediately bring any problems to the attention of a supervisor. 3. DMVR equipment activation 4. a. The DMVR equipment is automatically activated when the vehicle's emergency warning devices are in operation, and other trigger events occur such as a collision involving the police vehicle or exceeding a preset speed. b. The equipment may be manually deactivated during non-enforcement activities such as traffic control. When an incident has ended, the officer will stop the recording. If DMVR used, the officer will select the appropriate bookmark to classify the recording. When selecting the bookmark, officer will include the event complaint number and the Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-005 Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 3 of 8 full name of the defendant/subject. The retention period for the video will be set based on the following criteria: Type of Event Traffic Stop Pursuits Emergency Response DWI Prisoner Transport/Custodial Interview Officer Involved Incident F/I – Non-custodial Interview Felony Investigation 90 day retention 3 year retention 5. B. Retention Period 45 Days 3 years 45 Days 3 years 45 Days 3 years 45 Days 3 years 45 Days 3 years Officers must ensure non-police related electronic devices within the police vehicle (music radios, CD players, etc.) are turned off when the in-car audio system is activated. This does not apply to police radios. Other noise such as wind or road noise from an open window should also be limited if possible. Officers will ensure that DMVR equipment (both video and audio) is activated and operating properly and that the video recorder is positioned and adjusted to record events in the following circumstances: 1. Traffic Stops Audio and video DMVR equipment will be used to record the entire duration of all traffic stops. Officers will activate DMVR equipment when following a vehicle that they intend to stop. DMVR equipment may be deactivated only after the traffic stop has ended and the violator or officer has left the scene. 2. Pursuits Audio and video DMVR equipment will be used to record the entire duration of a pursuit. All officers engaged in a pursuit will operate their DMVR equipment. All DMVR equipment will remain activated until the pursuit is terminated or when authorized by a supervisor. Reasonable efforts will be made to record all officer/suspect interaction in its entirety. Officers will continue to operate their DMVR equipment after termination of the pursuit if they are continuing to follow the suspect vehicle. 3. Emergency Response Audio and video DMVR equipment will be used to record the entire duration of any emergency response (as defined in Directive 600-022). DMVR equipment will remain activated to record all officer contact with the public until the end of Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-005 Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 4 of 8 the emergency response. The equipment may be deactivated if the response is cancelled or as allowed in Section IV-A 3 of this directive. 4. Prisoner Transport a. b. C. Video and audio DMVR equipment will be used during the entire duration of the transportation of any prisoner who: (1) is argumentative and/or combative. (2) has been involved in a use of force. (3) is injured or claims to be injured. Officers may position the camera to record the actions of the prisoner. Officers are encouraged to use their DMVR equipment to: 1. Record the reason for their current or planned enforcement action, such as DWI observations; 2. Record the actions and/or statements of suspects if the recording would prove useful in later judicial proceedings. For example: interviews, sobriety performance tests, while in custody, or during transportation; 3. Record the circumstances at crime and accident scenes or other events such as the confiscation and documentation of evidence or contraband; 4. Record the audio portion of a conversation with a citizen when appropriate. D. Officers will not attempt to erase, alter, or tamper with DMVR recordings. Normally, DMVR recorded video/audio is transferred wirelessly from the vehicle to the Division server utilizing the MARS System. However, if a manual transfer is necessary due to issues with the wireless transmission or there is more than 2 hours of stored recordings, the officer should contact a supervisor to remove the DMVR memory card for manual transfer of the recording. E. Officers will ensure that the vehicle DMVR has an adequate amount of free recording space to complete their tour of duty. The in-vehicle monitor displays remaining space when not actively recording due to a trigger event. F. Officers must logon to the DMVR application at the start of their tour of duty and remain logged into the application until their tour of duty has ended. Proper logon will include the officer’s name, code number, and vehicle number. G. Officers should note the car number, start time, and end time for DMVR recordings in offense, arrest, and related reports when audio/video recordings are made during the incident in question. Charlotte-Mecklenburg Police Department Interactive Directives Guide Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 V. 400-005 5 of 8 H. Officers will note the complaint number and the name of the subject involved anytime an event is bookmarked. I. Police Training Officers will be responsible for training new officers in the operation of DMVR equipment and will document that training. J. Police Training Officers will use their assigned login when training with DMVR. RECORDING CONTROL AND MANAGEMENT A. DMVR 1. Recordings may be duplicated for court and investigative purposes only. Any other duplication must be authorized by the Chief of Police. Duplicate recordings will only be made by the following: a. For District Court cases all DMVR copies will only be created by the Court Liaison Unit. Officers who need recordings duplicated for court must make the request at least 48 hours prior to the court date. Officers making the request must provide the correct bookmark, event complaint number and full name of the defendant/subject. The Court Liaison Unit will be responsible for ensuring that the needed DMVR copy is delivered to the courtroom and placed in the correct case shuck. b. For DA papering all DMVR copies will only be created by the DA-Superior Court Services Unit. If a case is accepted, the Papering ADA will notify the DA-Superior Court Services Unit that a DMVR copy is needed. The DA-Superior Court Services Unit will be responsible for ensuring that the needed DMVR copy is delivered to the requesting ADA, along with turning a copy in as evidence to the Property and Evidence Division. c. If the evidence copy of the DMVR is needed for Superior Court the Officer in Charge of the case will deliver the copy along with all other needed evidence to the ADA. d. The Court Liaison Unit and DA-Superior Court Services Unit will ensure that any copies created for a requesting District Attorney or defense attorney are in the Personal Computer (PC) Format only. 2. All recordings stored on a DMVR Server will be erased after the 90-day retention period unless a longer retention period has been identified for court or investigative purposes. 3. All recordings stored on a DMVR Server that have been requested for any case papering or court proceeding will be marked for a 3 year retention period. 4. Officers will be responsible for advising their supervisor of any recordings that they are not able to properly mark. Charlotte-Mecklenburg Police Department Digital Mobile Video Recordings (DMVR) Interactive Directives Guide Effective Date 05/11/2015 VI. 400-005 6 of 8 a. Officers will be responsible for advising their supervisor when a recording that they marked for extended retention is no longer needed. b. The DMVR system automatically erases recordings from the DMVR server when the retention period for that recording segment has elapsed. The retention period is set by the system according to specific marks (“3 Year”; “Unlimited”) that the officer or authorized user applied to the recording. c. The DMVR system automatically copies recordings to the Headquarters (HQ) DMVR Server once they have been marked for extended retention. This copying process occurs nightly. CAPTAIN RESPONSIBILITIES Captains responsible for officers using DMVR equipment will ensure that: VII. A. All officers shall follow established procedures for the use and maintenance of DMVR equipment, recording media, and the completion of DMVR documentation. B. As part of an officer’s quarterly PRD review, the captain or their assigned designee will review the officer’s current DMVR recordings and document an assessment of officer performance, identify and address any training needs with that officer, and determine whether DMVR equipment is fully and properly used. C. DMVR memory card access keys are retained and utilized only by sworn supervisory staff. ADMINISTRATOR RESPONSIBILITIES A. B. Division Administrator: 1. Maintains an accurate list of vehicles and users for their division in the DMVR System. 2. Assigns permissions and roles to users in the DMVR system based on transfers/promotions. 3. Serves as the primary point of contact in the division for questions or issues related to the DMVR System. Agency Administrator: 1. Maintains an accurate list of users in the HQ DMVR System. 2. Completes review of DMVR System audit reports, at least monthly, for inappropriate activity or indications of system problems. 3. Maintains overall health of DMVR System. 4. Respond to requests from Division Administrators. Charlotte-Mecklenburg Police Department Interactive Directives Guide Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 VIII. 400-005 7 of 8 REVIEW OF VIDEO/AUDIO RECORDINGS A. Citizen Review: That portion of a video/audio recording which contains an event resulting in a citizen complaint against an officer may be reviewed by the person alleged to have been aggrieved by the officer's actions (hereinafter "complainant") according to N. C. G. S. 160A-168(c) (9). Any video/audio recording which depicts a discharge of firearm by an officer or serious injury or death of any person will not be shown to a complainant without prior approval of the Chief of Police. 1. Upon being informed of the complaint, the officer's supervisor will review the recording to determine if any apparent violation(s) of CMPD policies or procedures has occurred. 2. If the supervisor determines that such violation(s) may have occurred, the supervisor will initiate an investigation of the incident and will complete a complaint investigation in the IACMS. 3. If the supervisor determines that no such violation(s) occurred, they will document the complaint and a summary of their actions on a memorandum to the division captain. Internal Affairs case numbers will not be generated. The memorandum form will be filed in the division/unit office for one year from the date of filing. In addition, the supervisor will ensure the recording is marked so that it is retained for a three year period. If the complainant does not agree with the supervisor's determination that no violation(s) occurred, the complainant may appeal that determination to the division/unit captain. The decision of the division captain is final. B. All other citizen requests for reviewing or copying video/audio recordings will be referred to the DMVR Coordinator. C. Authorized users and access levels are defined as follows: 1. Executive Staff, Internal Affairs, and Police Attorneys: Complete access to the recorded files in all divisions and on the HQ Server, can add comments, can mark files for extended retention. The Agency Administrator can mark a recording so that it is hidden from all unauthorized users. 2. Patrol Captains and Division Administrators: Access to the recorded files in their Division only, can add comments, can mark files for extended retention. 3. Patrol Sergeants and Investigative Technicians: Access to the recorded files in their Division only, can add comments, can mark files for extended retention. 4. Patrol Officers: Access to only the officer’s recorded files in their currently assigned Division, can add comments, can mark files for extended retention. Charlotte-Mecklenburg Police Department Interactive Directives Guide Digital Mobile Video Recordings (DMVR) Effective Date 05/11/2015 IX. 400-005 REFERENCES Rules of Conduct, Rule #2 Rule of Conduct, Rule #42, Body Worn Cameras 200-001 Discipline, Internal Investigations and Employee Rights 600-022 Emergency Response and Pursuit Driving N. C. G. S. 132-1 and 1.4 N. C. G. S. 160A-168(c) (9) N. C. G. S. 15A- 903 CALEA 8 of 8 Charlotte-Mecklenburg Police Department Interactive Directives Guide Body Worn Camera (BWC) Effective Date 04/29/2015 I. 400-006 1 of 13 PURPOSE A Body Worn Camera (BWC) is utilized by officers to promote transparency and accountability for officers and the community through objective evidence. This policy will establish guidelines regarding the use, management, storage, and retrieval of the audio and video recordings from BWCs. II. III. IV. POLICY A. It is the policy of CMPD that officers issued a BWC shall use it to record interactions that occur between officers and the public as described in this directive. B. Any violation of this directive is considered a violation of Rule of Conduct (ROC) #42 (Use of Body Worn Cameras) and will be investigated. C. Officers shall insert the BWC into a designated docking station at the end of their shift to facilitate automatic video/audio upload. D. Officers and supervisors issued body worn cameras will complete and follow the approved CMPD training for use and storage of data for the body worn camera. DEFINITIONS A. Body Worn Camera: An “on the body” video and audio recording system assigned to an officer as a means of documenting interactions between officers and the public. B. Citizen Contact: An encounter with a citizen that has no criminal or investigative purpose. Ex: Stopping to say hello to someone or interacting with persons to obtain information that is non-criminal in nature. C. Criminal Investigation: For the purposes of this directive, “Criminal Investigation” refers to the point at which a CFS or other defined recording situation changes from adversarial or fact finding contact to an investigation. For example, an officer has arrived on scene and the initial contact is over, the suspect has left, or the officer is now taking written statements, identifying witnesses, or processing the crime scene. D. Audit: The review by supervisors of BWC recordings to ensure compliance with departmental directives. E. Pre-Event Buffering is the BWC continually recording video, but not committing it to memory (this means it’s not recording audio). Once you activate the record on/off button, the previous 30 seconds of video is then committed to memory on the system. DUTES AND RESPONSIBILITIES OF DEPARTMENT EMPLOYEES A. CHIEF OF POLICE The Chief of Police shall: 1. Ensure compliance of this directive by all personnel. Charlotte-Mecklenburg Police Department 400-006 Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 2. B. 2 of 13 Review and determine the release of any BWC recordings that is in the best interest of public safety and in accordance with state and federal law. EXECUTIVE STAFF (DEPUTY CHIEF AND MAJOR) Executive Staff members shall: C. 1. Educate officers and the community on the benefits of BWC technology to promote transparency and accountability within our community. 2. Ensure compliance of this directive by all personnel under their command. 3. Utilize BWC audits to identify policy and training issues. When identified, they will develop and implement best police practices. 4. Make the final adjudication on allegations related to ROC #42. 5. At the direction of the Chief of Police a Deputy Chief may release video that is in the best interest of public safety and in accordance with state and federal law. CAPTAIN RESPONSIBILITIES Captains responsible for personnel using BWC equipment shall ensure: D. 1. Adherence to established procedures for the use and maintenance of BWC equipment, recording media, and the completion of BWC documentation. 2. Compliance of this directive by Lieutenant’s and personnel under their command. 3. Recordings related to an administrative investigation are properly categorized in the investigative file prior to the scheduled deletion date from the digital storage system. 4. Educate officers and the community on the benefits of BWC technology to promote transparency and accountability within our community. LIEUTENANT RESPONSIBILITIES Lieutenants responsible for sergeants and officers using BWC equipment shall: 1. Review current recordings and document best police practices and compliance with this directive as a part of a sergeant’s PRD or video audit. 2. Ensure compliance with this directive by sergeants and officers under their command. 3. Ensure recordings related to an administrative investigation are properly bookmarked in the investigative file prior to the scheduled deletion date from the digital storage system. Charlotte-Mecklenburg Police Department Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 E. 400-006 3 of 13 4. Ensure all BWC video in felony cases, involving a Sergeant, shall be reviewed for personnel related matters no later than 30 days post papering acceptance and prior to the DA-Superior Court Services Unit duplicating any recordings. 5. Educate officers and the community on the benefits of BWC technology to promote transparency and accountability within our community. SERGEANT RESPONSIBILITIES Sergeant’s using and responsible for officers using BWC equipment shall ensure: 1. All patrol, motor and K-9 officers are equipped and properly wearing their operational BWC prior to beginning their scheduled shift. 2. All BWC’s are properly docked for charging and uploading at the end of an officer’s shift. When feasible, supervisors should ensure cameras are not removed from their docking station before the uploading of recordings is complete. 3. Upon being notified of any damage or malfunction of a BWC, the supervisor shall follow appropriate trouble shooting steps. If they are still unable to resolve the issue the supervisor will direct the officer to make contact with the RTCC. However; if a loaner is not available, this shall not prevent the officer from working the remainder of their shift without a BWC. The Sergeant shall notify the officer to document in their departmental reports the reason for lack of BWC recordings. 4. BWC recordings are to be documented by the officer in all associated reports under the corresponding complaint number. 5. An audit of selected BWC video is reviewed to assess an officer’s performance; the camera is being utilized according to this directive and to identify any video that may benefit future training. 6. Officers investigating cases have all video properly categorized by the OIC. When video is categorized incorrectly, they shall ensure this is corrected within 24 hrs. 7. That video associated with any complaint received is properly categorized by the end of their shift. 8. Any BWC video in felony cases is reviewed for personnel related matters no later than 30 days post papering acceptance by the DA and prior to the DASuperior Court Services Unit duplicating it for court. 9. Officers notify their supervisor of any recordings they are unable to categorize or otherwise document in the system. A division supervisor shall then attempt to properly categorize that video. If they are unable, the RTCC should be notified. Charlotte-Mecklenburg Police Department Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 10. F. 400-006 4 of 13 That they adhere to all operational and directive guidelines of an officer when utilizing a BWC to record citizen interactions. OFFICERS RESPONSIBILITIES: Officers are responsible for using BWC equipment and shall adhere to the procedures listed below: 1. Officers shall wear the BWC mounted in one of the departmentally approved locations; glasses, shirt epaulet, collar, ball cap/helmet, or head utilizing only the mounting equipment provided by CMPD. It is the responsibility of the officer to ensure the BWC is activated, operating, and positioned to record the events specified in this directive. 2. A BWC issued to an officer, or any BWC equipment installed in a vehicle, is the responsibility of that officer and will be utilized according to departmental policy. 3. Prior to, and throughout each shift, officers shall ensure that all components of their BWC are working satisfactorily. A pre-shift audio and video recording test shall be conducted and the video will be categorized as Non-Citizen Involvement. If a malfunction occurs at any time you shall immediately notify a supervisor. 4. All officers issued a BWC shall sign into CAD. a. Two-officer CFS units must utilize a two officer unit ID and both officers’ code numbers shall be logged into CAD. b. All two-officer specialized unit cars must also sign into CAD with both officers code numbers. 5. Officers must ensure non-police related electronic devices within the vehicle (music radios, CD players, etc.) are turned off when the BWC is activated. 6. While on duty, BWCs shall be turned on and activated to record responses to calls for service and interactions with citizens. Recording shall occur prior to or in anticipation of the following circumstances. These circumstances include but are not limited to: a. Traffic stops: The stopping of a motor vehicle for law enforcement purposes; b. Suspicious vehicles or persons; c. Voluntary Investigative Contact: The mere suspicion of some type of criminal activity by a person; d. Arrests; Charlotte-Mecklenburg Police Department 400-006 Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 5 of 13 e. Uses of force; f. When operating a vehicle in emergency or pursuit situations; g. Forced entry search warrants, consent searches or exigent circumstance searches of persons, vehicles, buildings, and other places. h. (1) During a consent search in one of the above, the officer shall record him or herself asking for consent and the citizen’s response to that request. (2) If during a consent search in a non-public place the citizen no longer wants the search recorded, the officer shall consider that as a citizen’s withdrawal of their consent to the search. Calls for Service (CFS): The BWC will be activated in the following citizen or officer generated request for police response. (1) Disturbances or disorders. (2) Involving emotionally or mentally disturbed persons. (3) Involving weapons or violence. (4) Identified as “in progress”. i. K-9 tracks and building searches. j. When requested by a citizen during an interaction with an officer. k. Traffic Checking Station: The preplanned systematic stopping of vehicles to check motorists for compliance with license requirements and other motor vehicle laws including driving while impaired. l. (1) Once an officer determines there is reasonable suspicion or probable cause to detain the driver, the officer shall begin recording with their BWC. (2) Except as listed above, officers are not required to record during the entire duration of the checkpoint. The BWC will be used during the entire duration of the transportation of any prisoner who: (1) Has been involved in a use of force; (2) Is argumentative and/or combative; Charlotte-Mecklenburg Police Department Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 m. 7. 400-006 6 of 13 (3) Is verbally abusive; (4) Is using any other inappropriate and/or suggestive or sexual language; (5) Is injured or claims to be injured; (6) or, in any situation that the officer deems necessary. Officers shall position their DMVR camera, if available, to also record the actions of the prisoner. When an incident has ended, the officer shall stop the BWC recording and enter the incident complaint number and appropriate category. Category is the term used to identify the selections an authorized user can classify an event that has been recorded. Category Non-Citizen Involvement Traffic Stop – Warning Traffic Stop – Infraction Traffic Stop – Misdemeanor Traffic Stop – Felony Non-Criminal Offenses IACMS Criminal Investigation – Non Felony Criminal Investigation – Felony     Retention Period 45 Days 45 Days 45 Days 3 Years 20 Years 45 Days 4 years 3 Years 20 Years Non-Citizen Involvement: Video that does not contain an interaction with a citizen, suspect or associated with any other category. Ex: Pre shift test video, blue light and TASER spark test, accidental activation. Traffic Stop Warning: Verbal or written warning, with no citation or arrest, regardless of reason for stop. Non-Criminal Offenses: Interaction with a citizen that is not related to a criminal charge or investigation. IACMS: All video associated with an internal investigation should be categorized IACMS, unless the suspect is charged with a felony. If so, it shall be categorized as traffic stop or criminal investigation – felony. 8. It is recognized that officers with a take home vehicle may need to make enforcement stops or respond to a law enforcement need while traveling to and from work, which may result in stops not being recorded. When this occurs the officer shall document their actions and reason for not having their BWC within the KBCOPS report or CAD. 9. A BWC recording shall be stopped during non-enforcement activities such as traffic control, criminal investigations, or when no adversarial events are ongoing. An example of this would be the time in which a CFS or other defined recording event changes from adversarial or a fact finding contact to a follow up investigation. For example, an officer that has arrived on scene and the suspect Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-006 Body Worn Camera (BWC) Effective Date 04/29/2015 7 of 13 has left and the officer is now taking written statements, identifying witnesses, and processing the crime scene. 10. In the event an officer loses or damages their BWC, they shall immediately notify their supervisor who will initiate a lost equipment memorandum. The supervisor will then notify RTCC. 11. BWC recordings will be automatically uploaded using a docking station at the division offices. 12. Officers are responsible for notifying their supervisor of any recordings they are unable to categorize or otherwise document in the system. A division supervisor shall then attempt to properly categorize that video. If they are unable, the Agency System Administrator should be notified. 13. If a BWC is determined to be non-operational during a shift, the officer will notify their supervisor and contact the RTCC. 14. BWC’s will only be used for law enforcement purposes in accordance with applicable law and departmental policy. 15. Unless present in an official capacity, the BWC shall not be used in bathrooms, locker rooms, or other places where there is an expectation of privacy. 16. Prior to conducting a strip search, the officer shall record a 360-degree video of the location where the search will be conducted; however, before any part of the actual strip search begins, the officer shall verbally record as to the reason the BWC is being turned off. Once the reason is recorded the officer(s) shall properly turn off the BWC. As soon as the search is complete, the BWC shall immediately be turned back on. 17. To aid in the protection of the right to privacy, officers shall not record while: a. In a patient care area of a health care facility, unless the patient becomes adversarial with the officer or others. If so, the officer shall record for law enforcement purposes only, but not record any patient/doctor conversations; b. Discussing a case with other officers or supervisors; c. Conducting tactical planning; d. In the presence of a Confidential Informant (CI) or Undercover Officer (UC); e. In the magistrate’s office or any state or federal court; f. Having discussions with attorneys, peer support counselors, doctors, etc; Charlotte-Mecklenburg Police Department 400-006 Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 G. 8 of 13 g. Involved in a department, supervisory, or public meeting; h. In a classroom and/or when in a testing environment; i. Any person or conversation that is not involved in a call for service or event as outlined in this directive. 18. The viewing of any recording for anything other than approved departmental purposes is prohibited. Ex. Officers shall not use the BWC as a means to conduct a field show up of a suspect. 19. When recording juveniles not involved in criminal activity, under six years of age, or while in a person’s residence officers should ensure all recordings are for official purposes as outlined within this directive. 20. It shall be the responsibility of the Officer in Charge (OIC) of a case to ensure all recordings which constitute evidence or are required to be included in a case file are properly categorized and maintained for storage prior to their scheduled deletion date. In instances where a video is not properly categorized, the OIC shall contact the officer whose video it is and have them correctly categorize it. If the officer has not made the necessary change within 48 hours the OIC shall notify their division supervisor to have the video properly categorized. 21. Officers shall document within a KBCOPS or Miscellaneous Incident report (CAD) that a BWC recording exists. This documentation shall include a brief description of what was captured by the video. 22. Officers are prohibited from using any device to copy, photograph or record the playback of any video/audio recorded by a BWC. 23. PTO’s training new officers using BWC equipment will ensure and document in their PTO manual that officers understand when to and not to record events as outlined within this directive. 24.  Once a BWC is started, officers shall continue to record until the incident evolves into a criminal investigation or the adversarial action has stopped. However; traffic stops shall be recorded in their entirety, which is until the vehicle has left the stop or a person is placed under arrest and is being transported to the intake center. ADMINISTRATOR RESPONSIBILITIES 1. Policy and Compliance Administrator The Agency Policy and Compliance Administrator shall be an Executive or Command Staff member responsible for developing policy and conducting video audits to ensure accountability and compliance with the BWC directive. The Policy and Compliance Administrator shall: Charlotte-Mecklenburg Police Department 400-006 Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 9 of 13 Oversee an audit process and ensure compliance with this directive. a. Tier #1 Audit – Division Level (1) Create a random report that supervisors will use to perform audits of BWC video on a quarterly basis. These audits do not preclude a supervisor from reviewing video during the course of his/her regular duties as needed. (2) b. 2. Upon completing the division level review the supervisor shall document their findings and submit to the Agency Policy and Compliance Administrator via their chain of command. Tier #2 Audit – Departmental Level (1) Create and review a department wide audit of random BWC videos. (2) Upon completing the department level review the Agency Compliance Administrator shall document their findings and review any training or policy issues with the officers chain of command. Agency System Administrator: The CMPD CTS Official who shall be responsible for: 3. a. Maintaining an accurate list of all users in the BWC and digital storage management system. b. Assigning permissions and roles to users in the BWC system based on transfers/promotions c. Maintaining overall maintenance of the BWC System. d. Responding to requests from Division Administrators. e. Redacting or deleting any video in consultation with the Agency Compliance Administrator. Any video redacted shall be documented in the KBCOPS report associated with that video. Division Administrator: Division administrative sergeant who coordinates the BWC program within the division and is the first point of contact to address questions or issues. V. RECORDING CONTROL AND MANAGEMENT Charlotte-Mecklenburg Police Department 400-006 Body Worn Camera (BWC) Interactive Directives Guide Effective Date 04/29/2015 10 of 13 A. All video/audio recordings are the property of CMPD and will not be duplicated except as described in (Section V.I). B. BWC recordings are incapable of being altered or deleted by officers and supervisors. Each recording has an audit trail that tracks the date and time of each person that accesses all video within the system. C. Employees are prohibited from using any device to copy, photograph or record the playback of any video/audio recorded by a BWC, unless authorized by this directive. D. Each video recording has a Chain of Custody Audit Trail which documents all events associated with the file. E. Any portion of a video/audio recording that contains events surrounding a violation of the law (which includes a crime or offense prosecutable in the criminal courts in this State or the United States or an infraction) is considered a record of a criminal investigation, as described in N.C.G.S. 132-1.4, and not a public record, as defined in N.C.G.S. 132-1. F. Any portion of a recorded image that may be used to subject an employee to departmental disciplinary action is a part of that employee’s personnel file (NC GS 160A-168), and is open to inspection only as provided by that statute unless otherwise required to be disclosed as evidence in a criminal proceeding. G. The BWC system automatically deletes recordings from the server when the retention period for the categorized recording has elapsed. The retention period is set by the system according to specific categories assigned to the video by the officer, supervisor or authorized user. H. Digital files associated with an investigation shall be disposed of or deleted in accordance with current CMPD policy and state and federal laws. I. Recordings shall be duplicated for court and investigative purposes only, unless authorized by the Chief of Police. Duplicate recordings shall only be made by the following units under the direction of a sergeant assigned to that unit: 1. Court Liaison Unit District Court – Duplicates will only be created by the Court Liaison Unit. Officers must make the request at least 48 hours prior to the court date and provide the correct category and complaint number. The Court Liaison Unit shall be responsible for ensuring the needed recording is duplicated and delivered to the District Attorney’s Office or courtroom. Duplicate recordings shall not be given to a defense attorney or other entity. 2. DA-Superior Court Services Unit Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-006 Body Worn Camera (BWC) Effective Date 04/29/2015 11 of 13 DA Papering – Duplicates shall only be created by the DA-Superior Court Services Unit. If a case is accepted for prosecution, the Papering ADA will notify the DA-Superior Court Services Unit, who shall then be responsible for ensuring a duplicate recording is delivered to the requesting ADA. These duplicates shall not be made before receiving written notification from the division supervisor that the video has been reviewed for any personnel related matters. These will then be accessible for Superior and Federal Court Cases. 3. J. Homicide Unit a. A sergeant within the homicide unit must authorize duplication of any video a detective needs for an investigative purpose. b. Detectives shall ensure all recordings stored on a BWC system have been categorized appropriately. c. The creation of any DVD or CD of BWC video will be documented in the incident or supplement report associated with the recording(s). Access to Review Video/Audio Recordings: 1. 2. Authorized users and access levels are defined as follows: a. Lieutenant’s and above, Internal Affairs, and Police Attorneys: Access to all recorded video files. Can categorize files for extended retention. b. Sergeant’s: Access to officer video files within their division. Each can categorize files for extended retention. c. Patrol Officers: Access to only their video files and can categorize them for extended retention. d. The Agency Administrator: Access to all video files and can restrict or limit access to authorized users. Will have access to manage, redact and set permissions on the entire system. Recordings which do not involve an active internal or criminal investigation, an active criminal prosecution, or classified as criminal intelligence that have a training benefit, shall be forwarded to the Agency Policy and Compliance Administrator for review. These recommendations shall then be forwarded to the Training Division Captain for further action. Video recordings associated with a closed internal investigation may be used for internal training purposes only. 3. Recordings may be available for viewing in the following circumstances: a. By the media when mandated upon receipt of a court order from a court of competent jurisdiction. Charlotte-Mecklenburg Police Department Interactive Directives Guide Body Worn Camera (BWC) Effective Date 04/29/2015 b. 4. 400-006 12 of 13 A person may submit a request to view a BWC recording if they can identify the recording by date, approximate time, encounter or other reasonable particularity, unless such recordings are criminal intelligence, records of a criminal investigation, evidence in a criminal matter or associated with a personnel investigation. (1) Persons requesting to view aforementioned material will not be allowed to make copies nor record/photograph any of the recordings. Access to recorded material under this provision only allows the requester to view the material. (2) To view video the requestor shall submit a “BWC Request for Review” form to the Police Attorney’s Office. c. Officers may review BWC video to aid in completing reports, providing statements or court testimony. d. Defendants in pending criminal cases may view videos in accordance with NC Discovery laws as permitted by the District Attorney’s Office. Citizen Review of Video/Audio Recordings (*This section is supported by CMPD, but will not be effective until NC Legislative change is enacted). a. Citizen Review: That portion of a video/audio recording which contains an event resulting in a citizen complaint against an officer may be reviewed by the person alleged to have been aggrieved by the officer's actions (hereinafter "complainant") according to N. C. G. S. 160A-168(c) (9). Any video/audio recording which depicts a discharge of firearm by an officer or serious injury or death of any person will not be shown to a complainant without prior approval of the Chief of Police. b. Upon being informed of the complaint, the officer's supervisor will review the recording to determine if any apparent violation(s) of CMPD policies or procedures has occurred. c. If the supervisor determines that such violation(s) may have occurred, the supervisor will initiate an investigation of the incident and will complete a complaint investigation in the IACMS. d. If the supervisor determines that no such violation(s) occurred, they will document the complaint and a summary of their actions on a memorandum to the division captain. Internal Affairs case numbers will not be generated. The memorandum form will be filed in the division/unit office for one year from the date of filing. In addition, the supervisor will ensure the recording is marked so that it is retained for a three year period. If the complainant does not agree with the supervisor's determination that no violation(s) occurred, the complainant may appeal Charlotte-Mecklenburg Police Department Interactive Directives Guide 400-006 Body Worn Camera (BWC) Effective Date 04/29/2015 13 of 13 that determination to the division/unit captain. The decision of the division captain is final. e. VI. All other citizen requests for reviewing or copying video/audio recordings will be referred to the Agency Compliance Administrator in charge of the BWC program. REFERENCES Rules of Conduct, Rule #42 200-001 Discipline, Internal Investigations and Employee Rights 400-003 Equipment, Lost or Damaged Equipment 600-009 Traffic Enforcement Procedures, Checking Stations 600-022 Emergency Response and Pursuit Driving 800-004 Public Records Retention and Disposition N. C. G. S. 132-1 and 1.4 N. C. G. S. 160A-168(c) (9) N. C. G. S. 15A- 903 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Process Effective Date 10/18/2013 I. 500-001 1 of 5 PURPOSE This policy establishes procedures for properly obtaining and serving judicial orders, arrest warrants, orders for arrest, and criminal summonses. II. POLICY Only sworn officers of the CMPD are authorized to execute lawfully issued criminal process and will only do so within the territorial jurisdiction of the CMPD unless otherwise authorized by statute. Officers will exercise discretion when seeking criminal process against a person. In determining what form of criminal process is appropriate, officers will consider, but are not limited to, the following factors: a suspect’s prior failure to appear, danger presented by the suspect, danger to the suspect, likelihood of escape, and seriousness of the offense. CMPD officers are not authorized to serve civil process. When requested to assist other agencies serving civil process, CMPD officers will stand-by for the purposes of keeping the peace. III. DEFINITIONS A. Criminal Process: A directive issued by a judicial official that orders the arrest or appearance of a person, in order for that person to answer for an alleged crime, infraction, or failure to appear in court. For the purposes of this directive, criminal process includes the following: 1. Arrest Warrant 2. Order for Arrest 3. Criminal Summons B. Arrest Warrant: An order issued by a judicial official directing law enforcement officers to locate and arrest a person based upon probable cause to believe that the person has committed a crime. C. Order for Arrest (OFA): An order issued by a judicial official directing law enforcement officers to take a person into custody based upon an indictment, a failure to appear in court, a probation violation, or an order of contempt. D Criminal Summons: An order issued by a judicial official directing a person to appear in court and answer for a charge based on probable cause to believe that the suspect has committed a crime or infraction. E. Intrastate Warrant: An arrest warrant issued by a judicial official in a North Carolina jurisdiction other than Mecklenburg County. F. Interstate Warrant: An arrest warrant issued by a jurisdiction outside of North Carolina. G. Fugitive Warrant: An arrest warrant issued in North Carolina which authorizes the arrest of a suspect, from another state, who has been formally charged with a crime in that state that is punishable by more than one year of imprisonment. Charlotte-Mecklenburg Police Department Criminal Process Interactive Directives Guide Effective Date 10/18/2013 H. IV. 500-001 2 of 5 Medical Warrant: An arrest warrant, issued at the request of the Mecklenburg County Health Department under Chapter 130A of the NC General Statutes, for a person with a contagious disease who has not undergone required treatment. PROCEDURES FOR OBTAINING CRIMINAL PROCESS A. All criminal process and domestic violence protective orders issued for persons within the jurisdiction of CMPD are maintained in the Central Repository, which is located in the Mecklenburg County Intake Center and managed by the Mecklenburg County Sheriff’s Office. If a CMPD officer receives or obtains an intrastate or interstate warrant, the officer will immediately forward such warrant to the Central Repository for filing. B. In all but exceptional circumstances, an officer will seek criminal process from a magistrate. In order to obtain an arrest warrant or criminal summons, an officer: 1. Must have pre-entered the probable cause to believe that a person has committed a crime within the jurisdiction and other necessary information in the NCAWARE system; 2. Entry must show a status of complete; 3. The officer must have the TMP (temporary file number) in order for the Magistrate to pull up the pre-entered information to issue the warrant. a. Misdemeanor Warrants When an arrest warrant is sought for a misdemeanor offense and a civilian victim/complainant is involved, that person must request the warrant in person from the magistrate, unless there is a compelling reason that would prevent them from doing so. In that situation, an officer is authorized to request the warrant; however, the victim/complainant will be considered the prosecuting witness (e.g., shoplifting). b. C. Felony Warrants (1) DA approval is not required to obtain a felony warrant. A felony warrant may only be requested by a law enforcement officer. (2) When a suspect is arrested on a felony charge, the investigating officer must "paper" the case with the District Attorney’s Office according to CMPD policy and the papering schedule. An officer seeking a fugitive warrant must first obtain a written confirmation (printout of DCI transmission) that the originating agency still desires to extradite the arrestee. An officer who obtains a fugitive warrant will forward a copy of any reports, arrest sheets, and DCI transmissions to the Violent Criminal Apprehension Team prior to the end of his/her tour of duty. Charlotte-Mecklenburg Police Department 500-001 Criminal Process Interactive Directives Guide Effective Date 10/18/2013 V. 3 of 5 D. When a person is arrested by another jurisdiction in North Carolina pursuant to a warrant obtained by this Department, the division, unit, or section where the case is assigned is responsible for transporting the prisoner to Mecklenburg County. If the division, unit or section responsible cannot provide transportation, the Violent Criminal Apprehension Team supervisor will request that a patrol officer(s) pick-up and transport the arrestee. E. The extradition of a wanted person in a CMPD case from another jurisdiction outside of North Carolina will be determined by the charging officer. Charging officer may consult with a supervisor, Violent Criminal Apprehension Team (VCAT), or the Watch Commander for extradition guidelines or approval for extradition in exceptional cases. VCAT or the Watch Commander must be notified when a warrant involving an extradition status is entered into NCIC. All out-of-state prisoner pick-ups must be coordinated by VCAT. F. Officers must obtain written approval from the District Attorney’s Office before seeking a warrant or criminal summons from the magistrate for offenses against school employees, as defined in N.C.G.S. 14-33(c)(6), while discharging their duties. This requirement does not apply to traffic offenses, offenses that occur in the officer’s presence or to offenses involving actions by school employees outside the performance of their duties. (N.C.G.S. 15A-301) SERVING CRIMINAL PROCESS OR JUDICIAL ORDERS A. An officer will execute criminal process providing: 1. The judicial official who issued the criminal process has jurisdiction; 2. The criminal process appears complete and regular on its face; 3. The officer is within his/her jurisdiction; 4. The officer has no reason to disbelieve the existence of probable cause; 5. The officer has verified that the criminal process is outstanding; 6. The officer has probable cause to believe the person to be arrested or served is the person named or described on the face of the criminal process. In making that determination, the officer will consider all of the descriptive information contained in the criminal process, including the person’s name, race, sex, date of birth and address. B. An OFA differs from an arrest warrant in that it does not specify a criminal charge. Any judicial official is authorized to issue an OFA, which is often issued following a person's failure to appear in court or an indictment by a grand jury. It is executed by taking the person into custody. C. A criminal summons does not authorize an officer to take the person into custody; rather, it is delivered to or “served on” the person. A criminal summons directs the Charlotte-Mecklenburg Police Department 500-001 Criminal Process Interactive Directives Guide Effective Date 10/18/2013 4 of 5 person to appear in court to answer a criminal charge and is issued in any criminal case (or infraction) where it is not necessary to arrest the person or establish conditions of pretrial release. D. A list of active warrants by Division can be accessed by any officer at anytime on the Portal through the On-Demand Reports feature http://h3-app-02:8050/careports/. An officer will confirm the status of a warrant before arresting a person identified from an On-Demand Report. E. Original arrest warrants and OFA’s will never be signed out from the Central Repository. Rather, a service copy of the warrant or OFA will be obtained after the original is verified as valid and outstanding, and will be used in the following circumstances, which require the warrant or OFA to be in hand at the scene of arrest: 1. When an officer intends to force entry to execute an arrest warrant or OFA at a location where the person to be arrested lives. 2. When a search warrant is obtained prior to a forcible entry of third party premises for the purpose of locating and arresting a person named in an arrest warrant or OFA. F. A service copy signed out from the Central Repository must be returned immediately following a successful or an unsuccessful attempt at service. G. All mental commitment orders will be signed out from the magistrate for service and returned to the magistrate immediately following successful or unsuccessful service of the order. H. An officer involved in the arrest of a person on a medical warrant will take all reasonable precautions to protect himself/herself from the contagious disease and will wear personal protective equipment (protective gloves, facial masks, etc.). An officer will contact his/her supervisor and the Exposure Control Officer if there are any questions concerning the possibility of contagion, methods for preventing the spread of infection, or the proper care of persons who are ill. I. Officers will document the successful or unsuccessful service of any criminal process or judicial order by completing a Miscellaneous Incident (MI) in the CAD system, listing the following information. J. 1. Date and time of service or reason for non-service; 2. Name, date of birth, race and sex of the person listed on the warrant; 3. Address of service; and 4. Arrest and Repository numbers. An officer who identifies a warrant that contains inaccurate information, such as an incorrect address or personal information must complete a “Warrant Change Form” listing the correct information. The officer will promptly forward the form to the Central Charlotte-Mecklenburg Police Department 500-001 Criminal Process Interactive Directives Guide Effective Date 10/18/2013 5 of 5 Repository in order to prevent future attempts at service based on inaccurate information. K. VI. Officers will also determine if the served document is related to a CMPD reported offense. If so, the officer will complete an Incident Supplement in KBCOPS and will include the suspect’s name, date of birth, race, sex, address, and arrest number in the narrative. Officer will clear the offense by arrest. REFERENCES 500-004 Conducting Searches 600-005 Domestic Violence 900-013 District Attorneys Papering Process V.C.A.T. SOP NCGS 15A-301 NCGS 15A-303 NCGS 15A-304 NCGS 15A-305 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Confinement of Arrestees and Booking Procedures Effective Date I. 500-002 06/26/2013 1 of 4 PURPOSE To provide guidelines for the processing and booking of arrestees at the Mecklenburg County Intake Center. II. POLICY Employees of the Charlotte-Mecklenburg Police Department (CMPD) are to follow all of the procedures for the processing and booking of arrestees as outlined in this directive. III. PROCEDURE A. Only police officers with prisoners in their custody will park in the secured parking area of the Intake Center. Officers without prisoners should park at adjacent facilities and utilize the public entrance. B. The officer should complete the Arrest Work Sheet for visual arrests and the WFA/OFA Arrest Work Sheet for service of WFA/OFA alone prior to arriving at the Intake Center with an arrestee in order to expedite the booking procedure. C. When bringing an arrestee to the Intake Center booking area for processing, the officer will present the completed Arrest Work Sheet to the Intake Center personnel in order to obtain: 1. An arrest number and arrest sheet for the subject being booked, and 2. Information regarding any other warrants or orders for arrest that may be outstanding for that arrestee. D. During the processing all arrestees will be kept away from the data entry area of the Intake Center. Benches or holding cells are provided and will be utilized for this purpose. E. The arresting officer will complete the Reason for Arrest on the Arrest Worksheet. The Reason for Arrest should include: 1. Information pertinent to the elements of the particular offense(s) being charged and a brief summary of the arrest; 2. Any additional information they wish the District Attorney’s office to consider during the arrestee’s first appearance. F. Upon completion of Positive Identification the arresting officer will provide direct testimony of the facts of the case to the Magistrate. The officer will provide any additional information they wish the magistrate to consider while setting the bond (i.e., the arrestee’s willingness or unwillingness to cooperate, physical resistance by the arrestee, or any other information related to the arrest). G. The Magistrate will determine probable cause and set the arrestee bond for release. Once the terms of release have been set and provided to arrestee, custody of the arrestee will be turned over the Mecklenburg County Sheriff’s Office. At this point, the Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-002 Confinement of Arrestees and Booking Procedures Effective Date 06/26/2013 2 of 4 arresting officer has completed the booking process and may leave the Intake Center and resume regular duty. H. Officers just serving warrants or OFA’s that do not require testimony to the Magistrate will complete the arrest process to the point of positive identification. When positive identification is received the officer will turn the arrestee over to the Sheriff’s Department. The officer does not need to see the Magistrate. I. If the Intoxilyzer test is to be administered, the arresting officer must witness the test. If the Intoxilyzer test results indicate a blood alcohol reading of .35 or higher, or if medical personnel at the jail recommend medical attention, then the person tested will immediately be taken to a nearby hospital. J. Arresting officers are required to collect DNA samples from arrestees who are being charged with qualifying offenses under N.C.G.S. 15A-266.3A. The following procedures only apply to CMPD arrests being made with a warrant. Mecklenburg County Sherriff’s Office will collect DNA samples on warrantless arrests for qualifying offenses. A list of qualifying offenses can be found on the CMPD portal page. K. 1. Prior to collection of the DNA sample, officers must verify the identity of arrestee. The NCIC Criminal History Check will also indicate if a DNA sample needs to be taken from the arrestee. Officers must also ensure that the arrestee is being charged with a qualifying offense. 2. Officers will only utilize the provided SBI Buccal Swab Kits in accordance with provided training and the instructions in the kit. The SBI Buccal Swab Kits will be available at the Intake Center. Officers will in all cases complete the SBI DNA Database Collection Card and provide the arrestee with the written notice of expungement procedures. 3. Officers will ensure that the completed SBI Buccal Swab kit is properly packaged and labeled before it is submitted to the Intake Center Deputies. Officer will document the collection of all DNA samples in the KBCOPS case report. 4. Force will not be used in the collection of arrest DNA samples. Arrestees refusing to submit to the collection of DNA will be referred to the Magistrate’s Office where the collection will be made a condition of release. Any officer arresting a subject who is unconscious or seriously injured will immediately evaluate the state of health of that individual and obtain any necessary medical attention as outlined in N.C.G.S. 15A-503. Officers will make every effort to check for any medical alert bracelets or necklaces containing the emergency alert symbol. 1. In addition, if the officer is unable to make a proper evaluation, the immediate supervisor and medic will be summoned to assist in determining the subject's state of health. Charlotte-Mecklenburg Police Department Interactive Directives Guide Confinement of Arrestees and Booking Procedures Effective Date 2. 06/26/2013 3 of 4 When a prisoner in custody is admitted to a hospital, the transporting officer will remain with the prisoner and notify his/her supervisor. a. L. 500-002 If the prisoner is in custody for a misdemeanor offense only, the transporting officer can do one of the following unless the Injury is caused by CMPD. (1) Complete two copies of the Hospital Arrestee/Suspect Release Notification Form. The officer must leave one copy with the hospital charge nurse to be placed in the patient file. The second copy must be turned into the Communications Supervisor prior to the officer clearing the call for service. (2) Complete the Arrest Worksheet and Arrest Affidavit and give them to their shift supervisor or present the case to the Magistrate and seek a warrant before the end of the officer’s tour of duty. (3) Issue a citation and release the person from custody, except in domestic violence cases where arrest is mandatory. b. If the prisoner is in custody for a felony offense and the injury was not caused by CMPD and cannot otherwise be released from custody for security or legal reasons, the field supervisor will ensure the continued security of the prisoner. c. The original arresting officer must complete the Arrest Worksheet and Arrest Affidavit and give them to their shift supervisor or present the case to the Magistrate and seek a warrant before the end of the officer’s tour of duty. d. In either case it is necessary to have proof of medical release with the arrest report before confinement to the jail will be permitted. e. If the arrestee has been assigned an arrest number at intake and the officer decides to issue a citation then the arresting officer’s supervisor must call intake to cancel the arrest. Officers will report any information which indicates that the arrestee is likely to be suicidal to the medical screening personnel at the jail. Officers will ensure that the information is documented by the appropriate jail personnel and indicate on the CMPD Arrest Worksheet that the notification was given. If Magistrates find No Probable Cause (NPC) the officer will obtain any property of the arrestee collect by the deputy and immediately leave the Intake. Officers will: a. Contact their on-duty supervisor b. Ask the former arrestee if we can take them back to the location of arrest, if safe to do so. Charlotte-Mecklenburg Police Department Interactive Directives Guide Confinement of Arrestees and Booking Procedures Effective Date c. IV. 500-002 06/26/2013 4 of 4 If they do not wish to be transported then release them immediately from the Intake Center. REFERENCES 500-001 Criminal Process 500-008 Prisoner Transport N.C.G.S 15A-503 N.C.G.S 15A-266.3A CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Management of Subjects With Mental Illness/ Extreme Distress Effective Date 07/08/2014 I. 500-003 1 of 7 PURPOSE Officers periodically come into contact with individuals in extreme distress or suffering from some type of mental illness. Some of these individuals are at-risk of death and require proper medical care. The purpose of this directive is to provide officers with information that will allow them to: II. A. Identify subjects who are in extreme distress and may be at-risk of sudden death during restraint encounters and; B. Identify subjects who may be mentally ill and may require assistance or access to available community mental health resources; C. Manage the situation in a manner that minimizes the risks to all involved and; D. Facilitate medical care for the individual as soon as practical. POLICY The CMPD recognizes and respects the integrity and paramount value of human life. Consistent with this primary value is the CMPD’s full commitment to protect the safety of officers and others, including individuals at-risk for extreme distress or those who may be suffering from some type of mental illness. III. DEFINITIONS A. B. Positional Asphyxia: Occurs when the position of the body interferes with normal breathing. The inability to adequately breathe creates a lack of oxygen in the body which may result in unconsciousness or suffocation ("asphyxiation"). The inability to breathe properly may result from the body's position interfering with the muscular or mechanical function of breathing, from compromise or blocking of the airway, or from some combination of the following: 1. The body position most likely to contribute to positional asphyxia is that of being "hog-tied” (handcuffed behind the back, feet bound and raised towards hands, and placed face down). However, positional asphyxia may occur even though the subject is not restrained as described above. For example, simply being handcuffed behind the back (the preferred method for safety reasons) and being placed face down could cause positional asphyxia. 2. Additional factors that may contribute to positional asphyxia include: a. Mental condition of the subject; b. Presence of cocaine or other stimulating substances in the subject’s system; c. Anatomy of the subject. Restraint Asphyxia: is usually caused by a combination of exhaustion, exertion, fear and restricted breathing due to restraint or the use of force. Charlotte-Mecklenburg Police Department Management of Subjects With Mental Illness/ Extreme Distress Interactive Directives Guide Effective Date 07/08/2014 C. 500-003 2 of 7 Excited Delirium: A condition in which the heart races wildly, often because of drug use or mental illness, and finally gives out causing death. 1. Excited delirium is the result of a serious and potentially life threatening medical condition. The person can appear normal until they are questioned, challenged or confronted. Further confrontation, threats and use of force will almost certainly result in further aggression and even violence. Attempting to restrain and control these individuals can be difficult because they frequently possess unusual strength, pain insensitivity and instinctive resistance to any use of force. 2. Factors that may contribute to excited delirium include: 3. a. Alcohol intoxication; b. Drug use (especially cocaine); c. Obesity; d. Delirium (mental illness including psychosis and schizophrenia and/or drugs); e. Intoxication. Because at-risk individuals could potentially die without proper medical attention, it is important for officers to recognize subjects who may be in extreme distress. The following signs may be exhibited. a. The person’s ability to focus, sustain or shift attention is impaired, and he/she is easily distracted. b. The person may be rambling and incoherent, and it may be difficult or impossible to engage the person in conversation. c. The person may exhibit signs of paranoia, fear and excitability. presence of police officers may further heighten this feeling. d. The person may also be disoriented in regards to time and/or locations, suffer from misleading perceptions, and/or experience hallucinations or delusions. e. Due to elevated body temperature, many of these individuals remove one or more items of clothing. f. They often possess unusual strength and endurance, as well as appear impervious to pain. g. These symptoms can progress into agitation, anger and aggressiveness. h. Subjects suffering from excited delirium have a tendency towards violence against people, as well as inanimate objects, particularly glass. The Charlotte-Mecklenburg Police Department Interactive Directives Guide Management of Subjects With Mental Illness/ Extreme Distress Effective Date 07/08/2014 i. IV. 500-003 3 of 7 Subjects who while being combative and/or agitated suddenly become compliant, placid or go limp may be a warning to officers that the subject may be going into cardiac or respiratory arrest.  Officers should physically check the subject’s breathing.  Officers should ask the subject questions to ascertain his/her awareness.  If the subject is in a prone position, officers should attempt to get him/her into a sitting position and check for any restrictions to the airway.  Officers will summon MEDIC to respond to have the subject evaluated and/or provide advanced life support. D. Mobile Crisis Team: A team of mental health professionals who have been contracted with Mecklenburg County Area Mental Health to assist CMPD employees in their interactions with mental health consumers. The Mobile Crisis Team members are available to CMPD employees 24/7/365. E. Crisis Intervention Team (CIT): Law enforcement officers who have attended specialized training and are available in every Division to respond to calls for service involving subjects in distress. F. Provided Services Organization (PSO): The Mecklenburg County operated service delivery organization for mental health, substance abuse, and developmental disabilities services in Mecklenburg County, formerly part of Area Mental Health. PROCEDURE Once it is determined that a subject may be at-risk of Extreme Distress, the incident shall be managed as a medical emergency, in addition to whatever law enforcement response may be required under the circumstances, including the use of reasonable force. A. Role of Officer If an officer responds to an incident and concludes an individual may be at-risk for positional asphyxia, restraint asphyxia and/or excited delirium, the officer will as soon as practical request First Responders and MEDIC if they were not initially dispatched. The officer will designate a nearby safe location for First Responders and MEDIC personnel to stage until the scene is secure. The officer will notify their supervisor. Supervisors will respond to the scene of all instances of suspected subjects in extreme distress. 1. If the person appears unarmed and does not appear to pose an immediate threat to the physical safety of officers or to other persons, or to him or herself, or pose an immediate threat to escape, the initial arriving officer will wait until backup arrives before any attempt is made to approach the person. Officers will if practical, contain the subject while maintaining a safe distance. The objective in this situation is to Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-003 Management of Subjects With Mental Illness/ Extreme Distress Effective Date 07/08/2014 4 of 7 gain the person’s voluntary cooperation. One or more of the following may be helpful in gaining the person’s cooperation: B. a. Attempt to “talk the person down.” Ideally, only one officer should engage the person in conversation. The officer should project calmness and confidence and speak in a conversational and non-confrontational manner. Whenever possible, determine if the person can answer simple questions which will give the officer an idea of the level of coherence of the person. Officers should turn down their radios. b. Remember the person’s mind may be racing, or he/she may be delusional, so statements and questions may need to be repeated several times and officers should be patient. c. If beneficial, an officer may enlist the assistance of a family member or another person who has rapport with the individual or a mental health professional and who can safely participate in attempting to gain the individual’s cooperation. 2. If the person is armed or combative or otherwise poses an immediate threat to the physical safety of officers or to other persons, or to him or herself, officers shall employ the amount of force that is reasonable and necessary to protect themselves and others at the scene and to take the person into custody. To practical extents, efforts should be made to minimize the intensity and duration of the subject’s resistance and to avoid engaging in a potentially prolonged struggle. 3. Officers will notify Communications of any force applied to the subject and have Communications relay that information to MEDIC. Once MEDIC arrives, officers will provide a detailed description of the force applied and the level/intensity of resistance by the subject. 4. If an officer has reason to believe a prisoner has ingested contraband, the prisoner will be transported to a medical facility where the prisoner will remain under arrest and the officer(s) will make certain that the arrest process will continue. Officers will notify their immediate supervisor any time a suspect has ingested contraband. A Division Commander or the Watch Commander will determine if there is a need to maintain a rotation to guard the prisoner. 5. If an arrest is appropriate, the arrest process will be completed upon the prisoner’s release from the medical facility 6. If MEDIC is called to treat the prisoner and transport the prisoner to a medical facility, officers will maintain custody of the prisoner. The transporting officer will advise Mecklenburg County Intake personnel whenever a prisoner has been treated for ingesting contraband. Role of Telecommunicator Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-003 Management of Subjects With Mental Illness/ Extreme Distress Effective Date 07/08/2014 5 of 7 The telecommunicator may recognize a potential case of excited delirium, in which case they will communicate their observations to the officer and dispatch First Responders and MEDIC personnel. The telecommunicator will inform the responding officer(s) that First Responders and MEDIC are responding and their ability to stage. The responding officer(s) will relay the designated safe location for First Responders and MEDIC personnel to stage until the scene is secure. C. Role of MEDIC MEDIC will respond to the staging area and await notification that the scene is secure. Once notified, MEDIC will evaluate the individual, administer appropriate care and monitor the individual until he/she is delivered to an emergency medical facility. D. Once in custody, to reduce the possibility of aggravating the symptoms of a subject in extreme distress, officers should: 1. Avoid placing a subject in a position that is likely to contribute to positional asphyxia. In particular, hog-tie restraints and control restraints while lying on back/stomach should be avoided. Weight should not be put on the subject’s back for a prolonged period. 2. Provide close and continuous monitoring of the subject for any signs of medical distress such as labored or irregular breathing, unresponsiveness, incoherence or verbally indicating that he/she is in distress. 3. The subject should be returned to an upright position as soon as tactically feasible. E. Once the scene is safe, MEDIC personnel are to be called in. The person’s breathing shall be monitored at all times and the person’s position adjusted so as to maximize the person’s ability to breathe. F. MEDIC will advise if the subject should be transported by ambulance to an emergency medical facility for evaluation and treatment or if a subject can be transported by the officer in which case the breathing of the subject should be closely monitored. If possible, a second officer should accompany the transporting officer to monitor the subject. If a second officer is not available, the transporting officer should stop the vehicle periodically and confirm that the subject is conscious and able to breathe normally. G. When answering calls for service, or conducting interviews and interrogations, personnel may encounter situations where they interact with persons suspected of suffering from mental illness. 1. Officers will utilize their training and the following guidelines to assist in recognizing and evaluating persons suffering from mental illness. a. Behavioral Clues    Unusual physical appearance (inappropriate clothing) Unusual body movements (sluggish, pacing) Hearing voices Charlotte-Mecklenburg Police Department Management of Subjects With Mental Illness/ Extreme Distress Interactive Directives Guide Effective Date 07/08/2014      b. 3. 6 of 7 Confusion about or unawareness of surroundings Lack of emotional response Causing injury to self (cutting, cigarette burns) Extreme or inappropriate expressions of sadness or grief Inappropriate emotional reactions Environmental Clues    2. 500-003 Strange decorations (aluminum foil, pentagrams) Hoarding of garbage, newspapers, string Presence of feces or urine on floors or walls When dealing with persons suspected of being mentally ill, personnel will utilize the following guidelines during contacts on the street, as well as during interviews and interrogations; a. Remain calm, avoid overreacting b. Be helpful and professional c. Speak simply and slowly d. Indicate a willingness to understand e. Gather additional information on the person f. Understand that a rational discussion may not take place g. Recognize the person may be overwhelmed by external and internal stimuli h. Be friendly, patient, accepting, but firm and professional i. Recognize a person’s delusions or hallucinations are very real for them After recognizing officers are dealing with persons suffering from mental illness, officers will utilize the following procedures when seeking assistance or accessing available community mental health resources: a. Evaluate prior contact with police    b. Type of problem Prior violence Method of resolution Gather information regarding situation    Family members Neighbors Complainant(s) Charlotte-Mecklenburg Police Department Management of Subjects With Mental Illness/ Extreme Distress Interactive Directives Guide Effective Date 07/08/2014 c. 7 of 7 Contact on duty CIT officers and the Mecklenburg County Mobile Crisis Team (MCT) and request that they respond to the scene. The MCT will function as the gateway to community mental health resources. The MCT will:     4. 500-003 Assist in stabilizing the situation Complete a mental health assessment, if necessary Make referrals/linkages to a Provided Services Organization (PSO) or other vital services as needed Conduct follow-up assessments Training a. Entry level training All sworn and non-sworn personnel who may be expected to come into contact, or communicate with, persons suffering from mental illness are required to obtain documented entry level training. b. In-service training All sworn and non-sworn personnel who may be expected to come into contact, or communicate with, persons suffering from mental illness are required to obtain documented refresher training at least every three years. V. REFERENCES 500-002 Confinement of Arrestees and Booking Procedures 500-008 Prisoner Transport 600-018 Use of Deadly Force 600-019 Use of Less Lethal Force 600-020 Use of Force Continuum Prisoner Transport Van SOP Crisis Intervention Team (CIT) SOP CALEA Charlotte-Mecklenburg Police Department 500-004 Definitions Search Definitions Interactive Directives Guide Effective Date 05/09/2014 1 of 4 DEFINITIONS 1. Consent Search: A clear and voluntary expression by an individual to allow an officer to search the person or property of the consenting party or property over which the consenting party has apparent control. Consent may be requested at any time and for evidentiary purposes should be in writing or obtained before a witness. 2. Crime Scene: A location where a crime has occurred or where evidence of a crime is located and there is an apparent need for investigative action and/or emergency services. (Examples: homicide scenes, fire scenes, scenes of burglaries or break-ins, etc.) Note: The mere presence of contraband or evidence in private premises does not make such premises a "crime scene" for purposes of this definition. 3. Protective Sweep: A limited search of a structure or vehicle when an officer has reasonable suspicion to believe that a person is dangerous and a weapon could be nearby and be used against an officer. 4. High Risk Warrant: An arrest or search warrant for which one or more of the following factors is reasonably likely to exist (note: the more factors that exist, the higher the risk). a. The subject of the warrant has a history of violence and/or has several arrests for violent offenses, or has violently resisted apprehension in the past. b. The occupants of the structure or area to be searched are armed with dangerous weapon(s) and armed resistance is likely. c. The structure is fortified or barricaded and special equipment is needed to gain entry. d. The safe execution of the warrant requires the use of specialized skills, tactics, and/or equipment. 5. Non-consensual Entry: An entry into premises which is made by officers without first obtaining consent from a person who has lawful authority to give consent. Such an entry may or may not be accompanied by some degree of force or damage to the premises. 6. Raid and Search Report: The electronic report required to be entered by the lead officer in an emergency search of a structure or in a search executed pursuant to a search warrant. 7. Raid and Search Supervisor IACMS Report: An electronic report required to be completed by a supervisor containing all written documents and relevant photographs related to an emergency search of a structure or a search executed pursuant to a search warrant. 8. Search: The organized, planned search of a person, vehicle, structure, or an area to locate and to secure evidence and/or apprehend suspects. Charlotte-Mecklenburg Police Department 500-004 Definitions Search Definitions Interactive Directives Guide Effective Date 05/09/2014 2 of 4 9. Search Attire: Officers must be wearing a bulletproof vest, police duty gear, handcuffs, flashlight and a gun. If not in uniform the outer most garments must be immediately recognizable as being a sworn police officer. 10. Search Incident to Arrest: The right of an officer to search a person placed under arrest. Separate from the right to search the arrestee’s person, officers may additionally search a limited area to prevent the arrestee’s use of a weapon and/or the destruction of evidence. The scope of the search will depend on the location of the arrest. 11. Search Warrant: A written order, signed by a magistrate or other judicial authority, directing a police officer to search a specific location for specified property or persons. 12. Supervisor: A person of the rank of sergeant or above. 13. Buccal Swab: A swabbing of the cheek area for a person’s DNA to compare to evidence collected from a crime scene or from a victim. 14. Visual Body Cavity Search: A visual search which requires a person to expose his anal cavity or her anal and vaginal cavities for visual inspection. 15. Manual Body Cavity Search: A digital touching or probing of the anal or vaginal cavity by another person. 16. Non-Testimonial Orders (NTO) and applications: An order issued by a judge upon the request of the ADA with the officer as the affiant for the collection of identification procedures requiring the presence of the suspect. 17. Probable cause search of a person: Probable cause to search a person when an officer believes a person is in possession of contraband or an illegal item, the officer may search the person for that item and may contemporaneously arrest the person. 18. Search incident to the Arrest of a Person: When an person is arrested, an officer automatically has the right to conduct a search of arrestee’s person and is limited to a search of the arrestee’s person and the area and objects in that area, within the arrestee’s immediate control. This search may be a full search to include searching an arrestee’s wallet, clothing, etc. 19. Strip Search: A search involving the removal of some or all of a person’s clothing covering any private body parts, a search of the clothing and a squat and cough. 20. Frisk: During a lawful detention and the officer has reasonable suspicion to believe the person is armed and dangerous; the officer may frisk the person by patting down of the person’s outer clothing to determine whether he has a weapon. During the patdown, if an officer feels a weapon, he may retrieve that weapon. If during the frisk, an officer feels an item that he immediately knows is contraband (ie probable cause) then he may seize that item. 21. Private Parts: The pelvic area which is below the beltline of a male or female and the breasts of a female. Charlotte-Mecklenburg Police Department 500-004 Definitions Search Definitions Interactive Directives Guide Effective Date 05/09/2014 3 of 4 22. Private Location: The physical location where a person search takes place out of the public view. 23. Vehicle Exception: A warrantless search of a vehicle located in a public place or PVA based on probable cause. 24. Electronic Device: Smart Phone, Digital Camera, CD ROM, CDR, floppy drive, tape drive, zip drive, jazz drive, magneto-optical drive, hard drive, and/or other mechanical, electrical, optical, or combination device used to store data that may or may not be currently connected to an operating system. 25. Computer System: computer monitor, CPU, communication device, PDA, data storage device, or peripherals configured to work together as a unit or cabled together externally. 26. Electronic Media: any material, written or photographic, that is actually stored on an electronic device. 27. Network: any two or more computer systems connected together that can communicate with each other and share resources. 28. Operating System: software used to allow the equipment in an electronic device to interact with any applications and the user. Examples include DOS, Windows 3.x, Windows 95/98, 2000, XP, Windows NT, Macintosh, Unix, Linux, OS/2, and Novell. 29. Computer Forensic Specialist: a member of the department specially trained in the techniques of computer data recovery and seizure. It is the role of the computer forensic specialist to conduct evidentiary searches of electronic media and to report the findings to the employee assigned to investigate the involved case. 30. Tool Kit: used to document, remove, package, and transport electronic evidence and consists of: a. Cameras; b. Crime scene tape; c. Stick-on labels; and d. Notepads, markers, evidence forms, and sketchpads. Note: Because electronic media is susceptible to electrostatic charges and magnetic fields, anti-static bags (original silver or chrome packages in which hard drives are shipped) should be used to store hard drives, floppy disks, zip disks, etc. In the event an anti-static bag cannot be located, an appropriately sized paper bag can be used. 31. Impounding Officer: The officer responsible for collecting and submitting evidence. 32. Public Vehicular Area: Any area that is used by the public for vehicular traffic at any time, including hospitals, educational institutions, houses of worship or any facilities Charlotte-Mecklenburg Police Department 500-004 Definitions Search Definitions Interactive Directives Guide Effective Date 05/09/2014 4 of 4 maintained and supported by the State of North Carolina or any of its subdivisions. Any commercial business, residential, or municipal establishment providing parking space whether the business or establishment is open or closed. Any road used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public or portion of private property used by vehicular traffic and designated by the private property owner as a public vehicular area. Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-A Conducting Person Searches Effective Date 05/03/2013 I. 1 of 4 PURPOSE The purpose of this directive is to set forth the procedures for conducting searches of persons. II. POLICY It is the policy of the CMPD to conduct all searches and seizures in a lawful manner. III. DEFINITIONS See Definitions Section IV. WARRANTLESS SEARCHES A. B. C. D. Officer Safety Considerations 1. Officers will wait for a backup officer prior to conducting any person searches unless there is an exigency that prevents this. 2. The backup officer will provide cover/contact for the searching officer until the search is complete and the subject is secured. Frisk / Pat-Down Searches 1. Refer to the definitions for conduct of frisk searches. 2. Officers must be able to clearly articulate the reasons for his/her suspicion the person is armed and dangerous. Examples of articulation include; the nature of the crime, known history of the person, observation of the persons actions. Search Incident to Arrest: 1. A search incident to arrest is justified by the need to prevent the arrested person from using weapons or destroying evidence. A search is legally justified no matter how minor the offense and, an officer automatically has the right to search incident to arrest. 2. A search incident to arrest is limited to a search of the arrestee’s person and the area and objects within his immediate control. Strip searches for contraband when a person is under arrest: 1. Strip searches require that probable cause exist to believe that contraband will be located in the person’s private parts. 2. The search shall not be conducted on the roadside. 3. The search should be conducted by a person of the same sex. 4. The search must be conducted in a private location. Charlotte-Mecklenburg Police Department Conducting Person Searches Interactive Directives Guide Effective Date 05/03/2013 E. V. 500-004-A 2 of 4 5. The search must be conducted in a reasonable manner to ensure the safety of the individual. (No sharp instruments may be used to remove contraband.) 6. A supervisor must be notified prior to the conduct of a strip search. 7. The search must be documented in a KBCOPS Narrative Supplement. Body Cavity Searches when a person is under arrest: 1. A visual body cavity search is permitted if an officer has probable cause to believe contraband or weapons will be located in or around a body cavity. The same privacy protections should be observed as in a strip search. 2. When a visual body cavity search reveals contraband, the suspect should be told to remove the item. a. If the contraband is located in the body cavity the suspect will be informed that if they fail to remove the item, the officer/detective will apply for a search warrant. b. The suspect will be transported to a hospital where the item will be retrieved by medical personnel. c. A supervisor will be notified immediately prior to conducting any body cavity searches and the officer will document the conduct of a body cavity search in a narrative supplement. 3. A manual body cavity search requires a search warrant and must be conducted by qualified medical personnel. 4. When a visual body cavity search reveals a weapon, then the search is to be considered exigent and the weapon must be safely recovered and secured. EXIGENT SEARCHES A. B. Strip search for a weapon: 1. Strip searches for weapons may be conducted if exigency exists to believe that a weapon will be located in the person’s private area. 2. If a weapon is detected, immediate safety of the officer(s), suspect(s), and/or civilian(s) are at risk and the removal of the weapon is imperative to preserve safety and life. A strip search in public view may take place and is considered reasonable and justified. 3. A supervisor will be notified as soon as possible after conducting an exigent strip search. Officers will document that search in a KBCOPS Narrative Supplement. Search for ingested contraband: Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-A Conducting Person Searches Effective Date 05/03/2013 VI. 3 of 4 1. A search of a person’s mouth is permissible when there is probable cause to believe that the person has placed an illegal substance in their mouth. Exigency is created because of the potential harm to the person and the destruction of evidence. 2. The goal of the officer is to get the person to spit out the illegal substance. Officers should not use their hands or fingers to retrieve the item; instead rely on manipulation of pressure points such as the mandibular angle nerve, hypoglossal nerve and jugular notch nerve. 3. Officers are not permitted in any way to block the person’s airway or restrict blood flow to the brain. 4. If the person is believed to have swallowed the illegal substance, officers will immediately call Medic and a supervisor. A person who has ingested illegal substances needs to be immediately evaluated by medical personnel before they are transported to jail. 5. Officers may choose to seek a search warrant to retrieve the ingested evidence. 6. All actions taken in responses to possible ingested contraband will be documented in a KBCOPS narrative supplement. CONSENSUAL SEARCHES A. Strip searches for contraband with consent: If a person is not under arrest and an officer obtains specific consent to search the person’s private parts, they may do so using the same requirements as listed above and only in a private area. Private area for the purposes of the strip search is an area that the public will not and cannot have open access to at the time of the search. B. 1. Division/Police Headquarters interview room. 2. A public restroom such as in a convenience store that can be secured during the search to protect the individual’s privacy. 3. Prisoner Transport Van (No other detainees inside the vehicle). 4. Medic will not be called for the purpose of conducting a search. If Medic is present at the time officer may request assistance to retrieve contraband if feasible. Collection of DNA Evidence via a buccal swab. Apart from the statutory requirements (G.S. 15A-266.3A) to collect buccal swabs from arrestees, buccal swabs may be collected under the following circumstances: Charlotte-Mecklenburg Police Department Interactive Directives Guide Conducting Person Searches Effective Date 05/03/2013 VII. 500-004-A 4 of 4 1. When there are reasonable grounds to believe the buccal swab is relevant to the crime for which the person is being arrested. 2. Officer should first seek consent to obtain the buccal swab. 3. Officers will not use physical force to obtain the buccal swab without either a search warrant or an NTO. For the purpose of this policy, force is defined as the use of any pressure points or greater levels of force as listed in the Use of Force Continuum. 4. If it is apparent that force as defined above will be necessary to obtain a buccal swab, then officers will apply for a search warrant or NTO. 5. Any levels of force as defined above used in obtaining buccal swabs will be documented in IACMS and require an investigation. SEARCHES CONDUCTED WITH WARRANTS Requirements for a Non-Testimonial Application and Order (NTO), Search Warrants VIII. 1. A NTO may be used to obtain fingerprints, palm prints, footprints, measurements, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs and lineups or similar identification procedures requiring the presence of a suspect. If blood is needed, a search warrant is required. 2. The NTO requires probable cause for a felony or Class A1 or Class 1 misdemeanor and there are reasonable grounds to believe the individual committed the offense and that the results will be of material aid in determining if the person named in the affidavit committed the offense. 3. A Non-Testimonial Application is completed by an officer or detective and presented by an Assistant District Attorney. The Judge then signs the Order which should include the time and place for the appearance of the suspect. A NTO may not be served on a suspect while in custody. 4. A search warrant must be used if the person is in custody, or if blood is requested. 5. Officers must obtain a search warrant prior to requesting medical personnel to retrieve any illegal substances that have been hidden in a body cavity or ingested. REFERENCES G,S. 15A- 271, et. seq. N.C.G.S. 15A-221 -232 Farb, Arrest, Search and Seizure, Fourth Edition, 2011 CALEA Charlotte-Mecklenburg Police Department Conducting Searches of Structures Interactive Directives Guide Effective Date 10/29/2015 I. 500-004-B 1 of 6 PURPOSE The purpose of this directive is to set forth the procedures for conducting searches of structures. II. POLICY It is the policy of CMPD to conduct all searches and seizures in a lawful manner. Lawful searches and seizures protect the constitutional rights of our citizens and prevent the suppression of seized evidence. III. DEFINITIONS Requirements for different types of structure searches are set forth below using terms defined in Directive 500-004 Search Definitions. IV. WARRANTLESS SEARCHES A. Consent Searches 1. Requirements The consent to search must be voluntary and obtained from a person who by ownership or otherwise is entitled to give consent to a search of premises. 2. 3. a. Note that when a physically present co-occupant of a dwelling refuses to consent, it is a refusal even if other occupants consent to a search. b. Consent searches must be documented in Field Interview (F.I.) forms or Raid & Search (R&S) forms. c. Refer to Directive 400-006: Body Worn Camera (BWC) for policy regarding the recording of consent searches. Scope of the search a. The scope of the search is governed by the terms of the consent. b. Officers may not destroy property, such as doors, locks, etc., based solely on a general consent unless given specific permission by the consenter. Withdrawn consent Although it is not required that police officers advise the person that he or she can withdraw consent or that he or she has a right to refuse consent, the consenter may, at any time during the course of the search, withdraw consent. 4. Probable cause exception If consent is withdrawn, the search will cease immediately, unless probable cause to arrest or continue the search has been established prior to consent being withdrawn. If probable cause to arrest has been established the rules Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-B Conducting Searches of Structures Effective Date 10/29/2015 2 of 6 related to search incident to arrest should be followed. If probable cause is established to continue searching in a dwelling, a search warrant should be obtained unless there are exigent circumstances. 5. Advantages of voluntary consent Officers should always consider requesting voluntary consent because the consent given may exceed the scope authorized by law. B. Protective Sweep of Structures 1. 2. Requirements a. Officers have a legitimate reason to be at the location; b. Officers have reasonable suspicion to believe a person is dangerous and that a weapon could be nearby and used to harm them. Scope of the search Structures: Officers may conduct a protective sweep of a structure when they have reasonable suspicion that individuals present may have access to dangerous weapons. The scope of the protective sweep is limited to searching for people. C. Search incident to arrest 1. Requirements Officers must have probable cause to place a person under arrest and officers must intend to arrest the individual. Officers can always search the arrestee’s person, possessions in their control, and officers can search an area within the arrestee’s immediate control. The scope of the search of the area will depend on the location of the arrest. 2. Scope of search Arrest of an occupant in a building D. (1) Officers may search the arrestee’s person. (2) Officers may search the area within the arrestee’s immediate control where the arrestee might gain control of a weapon or destroy evidence including unlocked containers. Warrantless Emergency / Exigent Entry There are limited circumstances when officers may enter a residence without an arrest or search warrant. The requirements for such entries are set forth below. When officers are unsure if the exception is applicable, they should consider securing a warrant. Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-B Conducting Searches of Structures Effective Date 10/29/2015 3 of 6 Entering a residence in hot pursuit of a fleeing misdemeanor offender is not an exigent circumstance. 1. Requirements for Entry to Arrest Officers may enter private premises without a warrant or consent in order to arrest someone in the premises only if: 2. a. Someone is likely to be killed or seriously injured unless immediate warrantless action is taken; or b. A serious and/or dangerous criminal offender is likely to escape apprehension and/or prosecution unless immediate warrantless action is taken, and: (1) There is probable cause to arrest the person sought; and (2) There is probable cause to believe that the person to be arrested is physically present in the premises at the time of the entry. Requirements for Entry to Preserve Evidence a. Exigent Entry Because of Imminent Destruction of Evidence The court considers the following factors when determining if exigent circumstances existed when officers enter to prevent the destruction of evidence: b. (1) Information that the possessors of the contraband are aware of police presence (2) The ready destructibility of the contraband (3) The officer’s reasonably objective belief that the contraband is about to be removed or destroyed. The totality of the circumstances determines the lawfulness of the entry and the following factors apply pursuant to CMPD policy: (1) The location is the subject of an ongoing investigation; or (2) Officers have prior knowledge / information about the location and the individuals that frequent it (i.e. calls for service, previous criminal activity, citizen complaints); and (3) The possessors of the contraband are aware of police presence and officers have probable cause to believe contraband or evidence is present and capable of imminent destruction. (4) The smell of marijuana alone is NOT sufficient to justify an exigent entry of the residence. Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-B Conducting Searches of Structures Effective Date 10/29/2015 c. d. 3. If an exigent entry is authorized based on factors above officers may: (1) Cross the threshold or (2) Enter a residence or business or (3) Prevent an occupant from closing a door and (4) Enter the residence to secure individuals to protect against the imminent destruction of evidence. (5) Use what they see in plain view as further evidence to establish probable cause to obtain a search warrant or consent. Once the premises are secured, no further search can be conducted unless or until: (1) A search warrant for the premises is on the scene; (2) Consent to search has been obtained; or (3) New or additional exigent circumstances arise that creates the need for an additional warrantless search. Requirements for Entry of Crime Scene a. b. 4. 4 of 6 An officer may enter a private premises crime scene, without a warrant or consent, in order to: (1) Locate and secure suspects; and/or (2) Provide assistance to injured persons or others requiring emergency assistance; and/or Once the actions described above are completed, no further search will be conducted unless or until: (1) A search warrant for the premises is on the scene; or (2) Consent to search has been obtained; or (3) New or additional emergency circumstances arise necessitating a further search. Entering Structures and Premises for Urgent Necessity a. Requirements When an officer reasonably believes that doing so is urgently necessary to save life, prevent serious bodily harm, or avert or control public catastrophe, pursuant to N.C.G.S 15A-285, the officer may take one or more of the following actions: Charlotte-Mecklenburg Police Department Interactive Directives Guide Conducting Searches of Structures Effective Date 10/29/2015 b. 500-004-B 5 of 6 (1) Enter structures and other premises, (2) Limit or restrict the presence of persons in premises or area, or (3) Exercise control over the property of others. Scope of Action An action taken to enforce the law or to seize a person or evidence for criminal prosecution cannot be justified by authority of this section. c. Raid and Search Reports A Raid and Search Report and Raid and Search Supervisor IACMS Report must be completed following a search conducted pursuant to N.C.G.S. 15A-285. 5. Requirements for Entry to Secure a Structure An officer who enters an unoccupied structure or residence during the course of an investigation of an alarm call or an unsecured structure will document the entry in a Miscellaneous Incident Report and notify his/her supervisor. Officers can enter when they reasonably believe that a crime, injury to person, etc. exists. E. V. Notification Procedures for Warrantless Non-Consensual Entries 1. Officers will notify their supervisor of their intent to conduct a warrantless nonconsensual entry prior to entering the premises to conduct a search. 2. When, due to exigent circumstances, the officer has no opportunity to contact a supervisor prior to such a search, the supervisor will be notified as soon possible. 3. The supervisor will respond to the scene, review the circumstances, and determine if the search should continue. 4. A Raid and Search Report and Raid and Search Supervisor IACMS Report will be entered following the search with special emphasis placed on the facts that precipitated the search and gave rise to exigent circumstances. SEARCHING PREMISES WITH ARREST WARRANT OR VALID COMMITMENT ORDER Non-consensual Entry into a Private Premises to Locate and Arrest A. Officers may make a non-consensual entry into a suspect's premises to arrest only if an arrest warrant or valid commitment order for that person has been obtained, a copy of the warrant or order is at the scene, the officer has confirmed the warrant is at the Mecklenburg County Intake Center, officers reasonably believe that the place to be entered is the suspect’s residence, and/or there is probable cause to believe that the suspect is on the premises, unless exigent circumstances justify entry without an arrest warrant. Charlotte-Mecklenburg Police Department Interactive Directives Guide Conducting Searches of Structures Effective Date 10/29/2015 VI. 500-004-B 6 of 6 B. Officers may make a non-consensual entry into a third party's premises to arrest the subject of an arrest warrant only if a search warrant has been obtained for the premises, it is at the scene, and there is probable cause to believe that the suspect is on the premises, unless exigent circumstances justify an entry without a search warrant. C. An officer may enter premises when consent is given by an appropriate resident. Consent must be given by the person whose premises are to be entered or by a person who, by ownership or otherwise, is reasonably and apparently entitled to give or withhold consent. For example, assume the respondent and a third party share an apartment. The third party may give an officer permission to enter common areas of the apartment such as a kitchen or living room. However, the third party cannot consent to the officer entering areas of the apartment over which he does not possess common authority, such as the respondent's bedroom or private bath. If the respondent is in the residence of a third party and the third party refuses to give consent to law enforcement to enter and take custody of the respondent, the officer must weigh all the facts and circumstances to determine whether or not the situation rises to the level of urgent necessity and whether an additional court order to gain entry should be sought. D. Before entering, officers must knock and give appropriate notice of their identity and purpose to the person in apparent control of the premises to be entered. After announcing their identity and purpose, and if the officers believe that admittance is being denied or unreasonably delayed, the force necessary to effect the entry may be used. E. If probable cause exists to believe that the giving of notice would endanger the life or safety of any person, the force necessary to effect entry may be used without giving notice. REFERENCES 400-001 Uniform and Personal Appearance Policy 500-004 Search Definitions 400-006 Body Worn Camera (BWC) Arizona v. Gant, 129 S. Ct. 1710 (2009) N.C.G.S. 15A-211 -232 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Conducting Vehicle Searches Effective Date 05/09/2014 I. 500-004-C 1 of 3 PURPOSE The purpose of this directive is to set forth the procedures for conducting searches of vehicles. II. POLICY It is the policy of the CMPD to conduct all searches and seizures in a lawful manner. Lawful searches and seizures protect the constitutional rights of our citizens and prevent the suppression of seized evidence. III. DEFINITIONS See Search Definitions Section IV. WARRANTLESS SEARCHES A. Vehicle Exception The vehicle exception provides that if an officer has probable cause to believe that a vehicle has evidence of a crime or contraband located in it, a search of that vehicle may be conducted without first obtaining a warrant if the vehicle is located in a public place (where the suspect has no expectation of privacy) or a public vehicular area. Scope of search B. a. Search every part of the vehicle where the object of the search could be located including the trunk. b. A search conducted pursuant to the vehicle exception may be conducted at the scene or after the vehicle has been impounded. Consent Searches 1. Requirements The consent to search must be voluntary and obtained from either: 2. a. The registered owner of a vehicle to be searched or the person in apparent control of the vehicle, such as the driver, at the time the consent is given. If the registered owner is present, his or her consent must be obtained. b. Consent searches must be documented by completing the Stop Data Form. Scope of the search a. The scope of the search is governed by the terms of the consent. b. Officers may not destroy property, such as portions of a vehicle, based solely on a general consent unless given specific permission by the registered owner of the vehicle. Charlotte-Mecklenburg Police Department Interactive Directives Guide Conducting Vehicle Searches Effective Date 05/09/2014 3. 500-004-C 2 of 3 Withdrawn consent The person who consents to the search may at any time during the course of the search withdraw that consent. It is not required; however, that police officers advise the person that he or she can withdraw consent, or that he or she has a right to refuse consent. If consent is withdrawn the officer must stop the search unless Probable Cause exists to continue the search. B. Frisk of vehicles 1. Requirement Officers are conducting a lawful detention of the vehicle; and officers have reasonable suspicion to believe a person is dangerous and that a weapon that could be used to harm them may be in the vehicle. 2. Scope of the search Officers may frisk the interior passenger area of a vehicle and any containers that are accessible and capable of containing a weapon. C. Search incident to arrest 1. Requirement The arrest of an occupant or recent occupant of vehicle. 2. D. Scope of search a. Officers may search the arrestee’s person. b. When officers have reason to believe that the vehicle contains evidence of the offense for which the person is being arrested; officers may search the entire interior of the vehicle where the evidence could be located; including, the glove compartment or any other compartment whether locked or unlocked and all containers found within the interior of the vehicle. The trunk of a vehicle is not subject to search as incident to an arrest. Inventory Search 1. Any officer having a vehicle towed will conduct an inventory of the interior and trunk areas in order to record all property in the vehicle. 2. Locked, sealed or closed containers such as suitcases, packages or boxes will be opened when the contents cannot be determined from an examination of the container's exterior. However, locked or sealed items will not be forcibly opened in order to inventory the contents if doing so will cause damage to the container. The vehicle's trunk and/or glove compartment will not be forcibly opened in order to inventory the contents of these areas. Charlotte-Mecklenburg Police Department Conducting Vehicle Searches Interactive Directives Guide Effective Date 05/09/2014 3. V. 500-004-C 3 of 3 Inventory searches will be documented on the Tow/Storage Report. REFERENCES 600-013 Towing Vehicles Arizona v. Gant, 129 S. Ct. 1710 (2009) N.C.G.S. 15A-221 -232 State v. Smith CALEA Charlotte-Mecklenburg Police Department Search Warrants Interactive Directives Guide Effective Date 10/14/2014 I. 500-004-D 1 of 7 PURPOSE The purpose of this directive is to set forth the procedures for conducting searches with a search warrant. II. POLICY It is the policy of CMPD to conduct all searches and seizures in a lawful manner. Lawful searches and seizures protect the constitutional rights of our citizens and prevent the suppression of seized evidence. III. DEFINITIONS See Search Definitions Section IV. SEARCH WARRANT PROCEDURE The basis for the issuance of a warrant is Probable Cause. A. The officer seeking the search warrant will complete a Deconfliction check prior to seeking the warrant. B. Affidavit for Search Warrant: C. 1. A search warrant must be based upon a duly sworn to and subscribed to affidavit which sets forth facts to establish probable cause to believe that the property sought to be seized is upon the premises, person, or vehicle to be searched. 2. A search warrant must describe the place to be searched with sufficient particularity so that a reasonable person who is unfamiliar with the investigation could read the description and find the premises, person or vehicle to be searched. 3. A search warrant must particularly describe the property sought to be seized. 4. A confidential source can provide sufficient probable cause upon which to base a sworn affidavit for a search warrant. 5. The signature of any NC Superior Court Judge must be sought for a search warrant that will be served in another NC County. Execution of a Search Warrant: 1. A search warrant and its attendant sworn affidavit must be reviewed and signed by a judicial official and must be executed and returned to the clerk/magistrate. 2. "Knock and Announce" required: a. An officer engaged in the execution of a search warrant must give notice to those within the residence of the officer's presence by knocking and Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-D Search Warrants Effective Date 10/14/2014 2 of 7 announcing his/her authority and the purpose of his/her presence before making entry. b. 3. D. If officer executing a search warrant believes that he/she is being denied entry after giving due notice of his/her authority and purpose, the officer may use reasonable force to gain entry. The exception to the “knock and announce” requirement is if the officer has probable cause to believe that the giving of notice would endanger the life or safety of any person. Preparation of the Plan for Execution of the Search 1. Responsibilities of the Division Captain, Lieutenant, Designee, or Watch Commander a. The Division Lieutenant, Captain, or Watch Commander will review the search warrant application prior to presentation to the judicial official. b. The Division Lieutenant, Captain, or Watch Commander will designate the police supervisor to be present at the scene and in charge of the search. c. The Division Lieutenant, Captain, Watch Commander, or police supervisor may request assistance from the SWAT Team if he or she determines the warrant to be high risk. 2. In the event a Division Lieutenant, Captain or Watch Commander is not available, a Vice and Narcotics supervisor or a Homicide supervisor of the rank of Sergeant or above may assume the responsibilities of the Division Lieutenant, Captain or Watch Commander. 3. When a search warrant is initiated by an officer assigned to the Vice and Narcotics Division, his or her supervisor of the rank of Sergeant or above may assume the responsibilities of the Division or Watch Commander as outlined above. 4. The supervisor in charge of the search will notify: a. The supervisor in the division where a search is being conducted; b. The Vice and Narcotics Division Captain or supervisor (Prior to the execution of any search warrants where crimes within the Vice and Narcotics Division primary responsibilities may be involved); If the Vice and Narcotics Division Captain or supervisor cannot be contacted, the supervisor in charge of the search will notify his/her Division Captain or the Watch Commander that contact was not made. The contact can be simultaneous with the search if needed. Charlotte-Mecklenburg Police Department Search Warrants Interactive Directives Guide Effective Date 10/14/2014 E. 500-004-D 3 of 7 5. At times when the Watch Commander is in charge of CMPD operations the supervisor directing the search will notify the Watch Commander of the intent to serve the warrant. 6. The supervisor directing the search will: a. Review the affidavit and search warrant for accuracy and validity. (The reviewer does not sign, initial or mark the affidavit or search warrant.) b. Identify any existing hazards. c. Determine the personnel needed, giving consideration to utilizing on duty officers with special training. 1) The supervisor may request the assistance of SWAT. 2) If it is determined to be a high risk warrant not needing the assistance of SWAT, the personnel conducting the entry must have successfully completed the CMPD high risk warrant training. d. Determine the equipment needed, (e.g., camera, extra handcuffs, and weapons). e. When a warrant is to be executed in an incorporated area the on-duty supervisor of that agency will be notified prior to conducting the search. f. All officers involved in the search must participate in the pre-search briefing. Instruct participating officers of the plan for the search and of their job assignments; ensure that each individual understands his/her role and if necessary reduce each assignment to writing. All officers involved in the search must participate in the pre-search briefing. g. If exigent circumstances develop during the search that requires additional personnel, they may be called. h. The supervisor must be present at the scene of the search. i. Ensure that the first officer to enter the premises is a uniformed officer. j. Ensure that all non-uniformed personnel are wearing proper CMPD search attire. k. Ensure that a sketch is made of the premises to be searched. l. Every reasonable effort should be made to ensure that the correct premises are being entered by verifying the address and by verifying the house or structure description. Conducting the Search 1. Entry into the premises Charlotte-Mecklenburg Police Department 500-004-D Search Warrants Interactive Directives Guide Effective Date 10/14/2014 4 of 7 a. If it is unclear whether anyone is present at the premises to be searched, notice must be given in a manner likely to be heard by anyone who is present. b. The first person(s) to enter the premises must be in police uniform. Nonuniformed officers will wear proper CMPD search attire. c. A supervisor will be on scene at the time when a search warrant for a commercial or residential structure or a buccal swab for DNA search warrant is executed. 2. When entry is made, officers will assist in securing the premises and its occupants, guarding exits, and providing communications support to the officers conducting the search. 3. After the occupants are secure, the officer in charge of the search, or his/her designee, must read the warrant (excluding application) and give a copy of the warrant application and affidavit to the person in charge of the premises. If the premises are unoccupied, a copy of the warrant must be left at the premises in a conspicuous location and the warrant does not need to be read aloud to an empty structure. 4. Securing the Occupants of the Premises a. Prior to beginning the search, any person present can be patted down (frisk only) if the officer reasonably suspects that the person is armed. b. Persons present at a search of a private premise may be detained by the search party. If the search fails to produce the items named in the warrant, and those items may be concealed upon a person, then those persons present may then be searched for the same type of items which, if found, may be seized and used as evidence. (All controlled substances are considered the same type of property if any controlled substances are listed in the warrant.) Any other type of property found during a search of persons under such circumstances may not be used for prosecution, but may be seized if it is contraband or stolen property. 5. Photographs of the premises will be taken before and after the search. 6. The supervisor will designate the primary Impounding Officer. This officer is responsible for collecting and submitting evidence. 7. Evidence discovered in different locations on the premises will be placed in separate envelopes or containers by the officer responsible for collecting evidence, and marked to indicate where it is was found and by whom. 8. Notes describing the location of evidence. Charlotte-Mecklenburg Police Department Search Warrants Interactive Directives Guide Effective Date 10/14/2014 9. F. 500-004-D 5 of 7 The officer who obtains the search warrant will make every reasonable effort to determine the identity of the owner or occupant of record for the premises where the search was conducted. Raid and Search Report At the completion of the search, the supervisor in charge will initiate a Raid and Search Supervisor IACMS Report prior to the supervisor completing his/her shift. G. Return of Search Warrant A search warrant must be executed and the search completed within 48 hours of issuance. If the search is not completed within that time period, a new search warrant must be obtained. After service, the officer responsible for drawing the search warrant will return the warrant, with a written inventory of the seized items, to the Magistrate's Office without unreasonable delay. The officer will obtain a signed copy of the returned warrant to put in the officer’s own court file. The inventory must be signed and sworn to by the officer who obtained the warrant. H. Receipt after Seizure of Property If property is seized during the course of a search, even if by consent, the officer in charge will deliver a copy of the CMPD Inventory, listing the property taken, to the party from whom the property was taken, or to the party in charge of the premises from which the property was taken. If no one is present to accept a copy of the form, the officer will leave the copy in a conspicuous location in the premises or vehicle that was searched. I. Impounded Coin and Currency Impounded coin and currency will be submitted on separate Property Report Forms, not combined with other property (wallets, checkbooks, etc.). 1. Cash, currency and other negotiable instruments will be impounded as “Evidence,” “Found,” or “Other.” 2. Cash, currency and other negotiable instruments must never be impounded for “Asset Forfeiture” or for payment of the North Carolina Unauthorized Substances Tax (“drug tax”) law. 3. a. State law provides that only an agent of the North Carolina Department of Revenue or a Sheriff may collect Unauthorized Substance Tax assessments. b. Charlotte-Mecklenburg Police Department officers are not authorized to seize money from individuals for payment of any outstanding unauthorized substances (“drug”) tax assessments. The Property Report will be completed by the officer impounding the currency or coinage. Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-004-D Search Warrants Effective Date 10/14/2014 6 of 7 4. The responsibility for accurately counting all currency and coinage placed into Property and Evidence Management Division rests solely with the Impounding Officer. 5. It is required that the counting of ALL cash (currency and coins) be witnessed by a second officer. 6. a. Cash amounts less than one thousand dollars ($1,000.00) require that the accuracy of the count be verified by a second officer or supervisor. b. Cash amounts greater than one thousand dollars ($1,000.00) require that the accuracy of the count be verified by a supervisor or unit commander. Prior to being submitted to the Property and Evidence Management Division, all: a. b. Currency, 1) Will be separated and grouped together by denomination (i.e. $1, $5, $10, $50 and $100 bills). 2) Will be laid flat and not be folded in any manner. 3) Will be oriented with the facial portraits facing in the same direction. Coins (large quantities of mixed denomination), 1) Will be separated by denomination (1¢, 5¢, 10¢, 25¢, 50¢ and $1 coins) 2) Each denomination of coin will be placed in separate small envelopes (by denomination) within the main evidence envelope. 7. Discrepancies in the amount of cash seized and the amount of cash reported on the Property Report, may result in a criminal and/or internal investigation. 8. A currency or coin counter may be utilized to verify the impounding officer’s count, however, a currency or coin counter shall not be relied upon in place of a hand count. 9. The on-duty/on-call vice supervisor shall be notified when cash in excess of $10,000.00 is seized. 10. Foreign currency and coins seized as “evidence” or “found” should be reported as above since they have value and may be easily converted to United States currency and coinage, if appropriate. 11. Food stamps, travelers’ cheques and similar items that are not easily negotiated should be handled as any other paper evidence. Charlotte-Mecklenburg Police Department Interactive Directives Guide Search Warrants Effective Date 10/14/2014 12. V. 500-004-D 7 of 7 Collector’s currency and coins, such as proof sets or gold coins that are packaged for display, will be reported on property report forms separately from other seized cash. REFERENCES 400-001 Uniforms and Personal Appearance Policy 700-001 Submitting Impounded Property to Property and Evidence 800-005 Deconfliction Policy Arizona v. Gant, 129 S. Ct. 1710 (2009) N.C.G.S. 15A-221 -257 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Interview Rooms Effective Date 04/15/2014 I. 500-007 1 of 3 PURPOSE The purpose of this directive is to establish guidelines for securing arrested individuals in an Interview Room for the purpose of booking, interviewing, or testing. These guidelines are designed to provide a safe and secure environment for employees, the general public, and the arrestee. II. POLICY Officers are authorized to use Interview Rooms only in accordance with this policy. Officers are responsible for the safety and security of individuals in the officer’s custody and will not leave the officers custody and control for any reason unless the officer is relieved by another sworn CMPD officer, or custody of the individual is transferred to another law enforcement officer or agency. III. IV. DEFINITIONS A. Arrestee: A person placed in custody or charged with a crime when there is probable cause to believe that the person has committed a crime. B. Detainee: A person who is temporarily deprived of their freedom of movement (Terry Stop) when reasonable suspicion exists to believe that a crime has occurred. C. Witness: A person providing information or reporting a crime. D. Victim: A person to which a crime has occurred. E. Interview Room: A room or area that officers are authorized to use for the purpose of booking, interviewing or testing an individual. F. Detention Ring or Bar: A fixed object such as a metal ring or bar that is mounted to the wall or floor of an Interview Room that allows an officer to secure a person to the fixed object by handcuffing or shackling the arrestee to the ring or bar. G.  Lockbox: A fixed metal box with secure lock capability for detectives/ officers to secure their weapon(s). The Police Headquarters lockboxes are located next to the video monitoring room. The lockboxes are pass code protected. CIB Detectives and supervisors have the access code. PROCEDURE A. Supervision of Arrestees in Interview Rooms Individuals who are under arrest will remain within the view and control of the responsible arresting officer at all times unless that officer is relieved by another sworn CMPD officer or custody is transferred to another law enforcement officer or agency. 1. Officers will also ensure that males, females and juvenile arrestees will be kept in separate holding areas. Charlotte-Mecklenburg Police Department Use of Interview Rooms Interactive Directives Guide Effective Date 04/15/2014 B. 500-007 2 of 3 2. Officers will provide the arrestee the opportunity to have access to water, restrooms and other needs as necessary. 3. If the arrestee is intoxicated, under the influence of drugs or exhibiting behavior that indicates that he/ she is a danger to him or herself, the arrestee will not be left alone. Medical personnel will be requested as necessary. Safety Considerations for the Use of Interview Rooms 1. Fire Evacuation Plan A fire evacuation plan will be posted near the Interview Rooms. Officers are required to be familiar with the evacuation plan for that particular area and must also be familiar with the location and operation of fire suppression equipment such as fire extinguishers and fire alarms. In the event of a fire alarm or other emergency the officer in charge of the prisoner or interviewee is responsible for evacuating and securing the prisoner. 2. 3. 4. Weapon Control a. Officers/Detectives using Interview Rooms at Police Headquarters will secure their weapon(s) utilizing the provided lockboxes which are located next to the video monitoring room prior to interviewing suspects or detainees. The lockboxes are pass code protected. CIB Detectives and supervisors have the access code. b. Officer/Detectives using any Interview Rooms located at the Division Offices will secure their weapon(s) in locked desk drawers, gun safes or lock boxes prior to interviewing suspects or detainees. Arrestee Escape Prevention a. Officers are authorized to secure the arrestee to a fixed object to prevent escape and limit the arrestee’s movement only when there is no other suitable method of detention available while using an Interview Room. b. When an arrestee is secured inside an Interview Room without another officer inside the same area with the arrestee, then an officer must be posted outside the Interview Room. The officer must monitor the arrestee at least every fifteen minutes to maintain a safe and secure environment for employees, the general public and the arrestee. Emergency Communications Any officers inside an Interview Room with an individual will maintain direct voice, radio, or cell phone contact with a monitoring officer in the event of an emergency. 5. Access to Interview Rooms Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-007 Use of Interview Rooms Effective Date 04/15/2014 3 of 3 Only CMPD employees and other authorized law enforcement officers will have unrestricted access to Interview Rooms. Attorneys, family members or other individuals must have the authorization of the officer in charge of the investigation or their supervisor prior to being granted access to the Interview Room. 6. Searches All individuals must be searched prior to entering any CMPD Interview Room. Officers must search the Interview Room before allowing the individual inside and must search the Interview Room again following the removal of the individual. 7. Detainees A detainee will not be transported to an Interview Room unless the detainee gives consent to be transported. A detainee will not be secured to a detention ring or bar. 8. a. Officers will also ensure that males, females and juvenile detainees will be kept in separate holding areas. b. Officers will provide the detainee the opportunity to have access to water, restrooms and other needs as necessary. c. If the detainee is intoxicated, under the influence of drugs or exhibiting behavior that indicates that they are a danger to their self the detainee will not be left alone. Medical personnel will be requested as necessary. Witnesses/Victims Witnesses and victims who are placed in Interview Rooms must be monitored by the escorting officers to ensure they do not wander and enter sensitive or unauthorized areas. Officers will provide the witness/victim the opportunity to have access to water, restrooms and other needs as necessary. V. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Prisoner Transport Effective Date 08/11/2015 I. 500-008 1 of 9 PURPOSE This policy establishes guidelines for the transportation of persons in police custody. II. POLICY The handling and transportation of persons in custody is one of the single most dangerous functions that a police officer performs. All prisoners transported will be physically restrained using any approved restraining device, such as handcuffs. All persons in police custody will be considered as a potential danger to the transporting officer(s) and will be properly searched. III. DEFINITIONS The following definitions are for the limited purpose of this Directive: A. Prisoner: A person who has been deprived of his or her liberty and freedom of movement and kept under involuntary restraint, confinement or custody; to include all persons under arrest but not yet incarcerated as well as those incarcerated including mentally ill subjects being transported. B. Restraining Devices: Equipment used to restrain the movement of the prisoner, such as handcuffs, waist chains, leg irons, flex-cuffs, leg restraints, etc. C. Security Hazard: Any threat to the security of the prisoner, to the facility in which he or she is held, or to others with whom the prisoner may come into contact. Estimations of the degree of security hazard will govern the means of transport, the kinds of restraining devices to be used, and other actions to be taken by the officer to provide proper protection for the security of the prisoner. D. Transporting Officer: A sworn law enforcement officer who is responsible for transporting a prisoner from one point to another. E. Transport Vehicle: The vehicle used for transporting a prisoner from one point to another. This term does not refer to commercial vehicles such as buses, trains, or airplanes that may be used for prisoner transport. F. Prisoner Transport Van (PTV): Vans outfitted, equipped and staffed with trained personnel for the transport of multiple prisoners from the arrest location to the jail intake. G. Field Search: A non-intrusive search of a prisoner’s clothing and person conducted incident to an arrest and for the purpose of finding either a weapon or contraband. H. Facility Search: A non-intrusive search of a prisoner’s clothing and person conducted immediately upon entering any building for the purpose of finding a weapon or contraband. I. Transfer Search: A non-intrusive search of a prisoner’s outer person and clothing completed before the prisoner is transferred to another officer and conducted for the purpose of finding a weapon or contraband. Charlotte-Mecklenburg Police Department 500-008 Prisoner Transport Interactive Directives Guide Effective Date 08/11/2015 IV. 2 of 9 J. Strip Search: A search involving the removal of some or all of a person’s clothing covering any private body areas. K. Visual Body Cavity Search: A visual search which requires a person to expose his anal cavity or her anal and vaginal cavities for visual inspection. L. Manual Body Cavity Search: A digital touching or probing of the anal or vaginal cavity by another person. M. Private Body Areas: The pelvic area which is below the beltline of a male or female and the breasts of a female. PROCEDURES FOR SEARCHING PRISONERS A. B. C. D. Field and Transfer Searches 1. In all instances, officers will conduct a field search of a prisoner incident to an arrest. In addition, any officer who is accepting responsibility for a prisoner will conduct a transfer search of the prisoner. 2. Unless specific grounds for a strip search exist, the scope of a field and transfer search is limited to the prisoner’s clothing and outer person and is conducted for the purpose of locating a weapon or contraband. Facility Search 1. A facility search will be conducted immediately upon entering any building and prior to any interview, treatment, or other processing taking place. 2. Unless specific grounds for a strip search exist, the scope of a facility search is limited to the prisoner’s clothing and outer person for the purpose of locating a weapon or contraband. Strip Search of a Prisoner 1. Strip searches require that probable cause exist to believe that contraband will be located in the person’s private body areas. 2. The search shall not be conducted on the roadside. 3. The search should be conducted by an officer of the same sex. 4. The search must be conducted in a private location. 5. The search must be conducted in a reasonable manner to ensure the safety of the individual. (No sharp instruments may be used to remove contraband.) 6. A supervisor must be notified prior to the conduct of a strip search. 7. The search must be documented in a KBCOPS Narrative Supplement. Body Cavity Searches when a person is under arrest: Charlotte-Mecklenburg Police Department Interactive Directives Guide Prisoner Transport Effective Date 08/11/2015 E. V. 500-008 3 of 9 1. A visual body cavity search is permitted if an officer has probable cause to believe contraband or weapons will be located in or around a body cavity. The same privacy protections should be observed as in a strip search. 2. When a visual body cavity search reveals contraband, the suspect should be told to remove the item. a. If the contraband is located in the body cavity the suspect will be informed that if they fail to remove the item, the officer/detective will apply for a search warrant. b. The suspect will be transported to a hospital where the item will be retrieved by medical personnel. c. A supervisor will be notified immediately prior to conducting any body cavity searches and the officer will document the conduct of a body cavity search in a narrative supplement. 3. A manual body cavity search requires a search warrant and must be conducted by qualified medical personnel. 4. When a visual body cavity search reveals a weapon, then the search is to be considered exigent and the weapon must be safely recovered and secured. Contraband Concealed and/or Ingested in the Mouth 1. A search of a person’s mouth is permissible when there is probable cause to believe that the person has placed an illegal substance in their mouth. Exigency is created because of the potential harm to the person and the destruction of evidence. 2. The goal of the officer is to get the person to spit out the illegal substance. Officers should not use their hands or fingers to retrieve the item; instead rely on manipulation of pressure points such as the mandibular angle nerve, hypoglossal nerve and jugular notch nerve. 3. Officers are not permitted in any way to block the person’s airway or restrict blood flow to the brain. 4. If the person is believed to have swallowed the illegal substance, officers will immediately call Medic and a supervisor. A person who has ingested illegal substances needs to be immediately evaluated by medical personnel before they are transported to jail. 5. Officers may choose to seek a search warrant to retrieve the ingested evidence. 6. All actions taken in responses to possible ingested contraband will be documented in a KBCOPS narrative supplement. TRANSPORTING PRISONERS Charlotte-Mecklenburg Police Department Interactive Directives Guide Prisoner Transport Effective Date 08/11/2015 A. 500-008 4 of 9 Search of Police Vehicles Officers are to conduct a thorough search of the interior of their police vehicle at the beginning of each tour of duty, upon any change in vehicle assignment and after any non-police personnel have been inside the vehicle. B. Use of Transport Vehicles 1. All prisoners transported must be physically restrained using approved restraining devices, such as handcuffs, flex cuffs, belly chains or leg shackles in accordance with the officer’s training. Officers will use discretion and, when necessary, consult a supervisor when confronted with a prisoner who has an obvious or known physical condition that will prohibit the use of restraining devices. 2. The transportation of prisoners will primarily be conducted using vehicles equipped with a protective shield and modified to minimize opportunities for the prisoner to exit from the rear compartment of the vehicle without the aid of the transporting officer. 3. When transporting prisoners in vehicles equipped with protective shields, the following procedures will be observed: 4. a. Units consisting of one officer will transport no more than (2) prisoners. All prisoners will be placed in the rear of the vehicle. b. Units consisting of two officers may transport up to three (3) prisoners. All prisoners will be placed in the rear of the vehicle. c. PTV’s which are staffed with two officers may transport multiple prisoners in accordance with the PTV SOP. When transporting prisoners in vehicles without protective shields, the following procedures will be observed: a. Prisoners that have been combative will only be transported in a vehicle equipped with a protective shield. b. Units consisting of only one officer operating a vehicle not equipped with a protective shield will only transport a prisoner with the concurrence of a supervisor or as outlined in a unit specific SOP. c. Units consisting of more than one officer are to utilize the following procedures when operating a vehicle without a protective shield: 1) A single prisoners hands must be handcuffed in the back and must be seated in the rear passenger seat behind the front passenger seat with the seatbelt properly secured. 2) The second officer will sit behind the driver’s seat to the left of the prisoner and will monitor the prisoner’s condition and activity. Charlotte-Mecklenburg Police Department Interactive Directives Guide Prisoner Transport Effective Date 08/11/2015 3) C. 500-008 5 of 9 No more than one prisoner will be transported in a vehicle that is not equipped with a protective shield. 5. When transportation of a large number of prisoners is required, as in mass arrest situations, alternative transport options will be used, such as modified vans. CMPD personnel may request the assistance of the CMPD Prisoner Transport Vans or the Mecklenburg County Sheriff’s Office Prisoner Transport Van. 6. Safety aspects of prisoner transport require that the detainee's right to communicate with attorneys and others will not normally be exercised during the period that the detainee is being transported. 7. The starting location and beginning vehicle odometer mileage must be stated over the radio to the police telecommunicator at the start of every prisoner transport involving the opposite sex, juveniles or a disruptive or combative prisoner, and involuntary commitment patients. The arriving location and vehicle odometer mileage must be given over the radio to the police telecommunicator at the conclusion of every prisoner transport involving the opposite sex, juveniles or a disruptive or combative prisoner. In each situation the police dispatcher will verbally state the starting and ending times of the prisoner transport over the radio to accurately record the event. 8. Officers operating a vehicle equipped with DMVR and transporting any prisoner will use DMVR equipment during the entire duration of the transportation of any prisoner who: a. Is argumentative, verbally abusive, and/or combative; b. Is using any other inappropriate and/or suggestive or sexual language; c. Has been involved in a use of force; d. Is injured or claims to be injured. 9. Officers may position the camera to record the actions of the prisoner in any situation that the officer deems necessary. 10. Officers may reposition the camera to observe the prisoner and record any verbal utterances. 11. If possible, officers shall position their body worn camera, if available, to also record the actions of the prisoner. Observation of Prisoners Visual observation of prisoners must be maintained by the transporting officers at all times, except during certain medical examinations that require privacy. Under no circumstance will a prisoner in custody be left unattended in a transport vehicle or any other non-secure area. Charlotte-Mecklenburg Police Department Prisoner Transport Interactive Directives Guide Effective Date 08/11/2015 D. E. 500-008 6 of 9 Diversions During Prisoner Transport 1. Transporting officers are not authorized to stop for or respond to the need for law enforcement services except in life threatening situations. When such situations occur, the transporting officer will ensure the safety and security of the prisoner and minimize risk to the officer and the public. 2. Officers are prohibited from engaging in any type of emergency response while transporting a prisoner unless an urgent or emergency situation arises that warrants the use of emergency equipment. 3. Transporting officers must always travel the most direct route to their final destination when transporting prisoners. 4. PTV’s are permitted to travel to multiple locations to pick up prisoners prior to transport by the most direct route to the intake center. The maximum period of time a prisoner can be confined in the PTV will be 2 hours. Special Transport Situations 1. If a prisoner becomes sick or is injured incident to arrest and is in need of medical treatment, the arresting officer must seek medical treatment for the prisoner at that time. Prisoners with life threatening medical conditions or injuries must be transported to a medical facility by ambulance. In such instances, an officer will be designated to accompany the prisoner during transport. The need for restraining devices will be determined upon consultation with the medical personnel providing the immediate treatment to the prisoner. 2. Officers must inform the receiving agency personnel of any medical conditions or injuries the prisoner has that the officer has knowledge of. 3. Physically handicapped prisoners may be transported in the front of the police vehicle if the individual’s condition prohibits the transport in the rear of the vehicle. 4. a. Officers should request Communications contact Charlotte Area Transit (CATS) for assistance in transporting handicapped persons whose condition prohibits transport in police vehicles. When feasible, these arrangements will be made prior to the arrest taking place. b. Officer will use discretion and sound judgment when determining whether restraining devices are necessary for physically handicapped prisoners. Per North Carolina State Statute, when transporting a subject to a mental health facility pursuant to an involuntary commitment order, the transporting officer must be of the same gender as the subject. If the transporting officer is a different gender then a second officer of the same gender as the subject must transport or accompany the transporting officer during the time of transport. Supervisors will ensure compliance with this requirement. Charlotte-Mecklenburg Police Department Prisoner Transport Interactive Directives Guide Effective Date 08/11/2015 F. G. H. 500-008 7 of 9 Entering Police Headquarters with Prisoners 1. Officers transporting prisoners will normally enter Police Headquarters through the security door adjacent to the prisoner loading area located between the building and the parking deck. 2. Prisoners will be handcuffed during transport. Officers will have direct physical control of prisoners at all times unless the prisoner is secured in a police vehicle or interview room. 3. Immediately upon entering the building and prior to any interview, treatment or other processing, the transporting officer will conduct a facility search on the prisoner for weapons and contraband. 4. When transporting prisoners to the interview rooms at Police Headquarters, officers will always use the service elevator to transport prisoners to the second floor, unless the elevator is out of service. Entering Jail and Detention Facilities 1. Upon arrival at the Mecklenburg County Intake Center or other detention facility, the transporting officer will leave any restraining devices on the prisoner until safely inside a secure area of the facility. 2. Prior to entering a secure detention area, the transporting officer will secure his firearm in the provided lock box, or as otherwise required by the facility. Officers are prohibited from taking any firearm into the secure area of the Intake Center or detention facility. 3. After securing all firearms, the transporting officer will remain in the receiving area with the prisoner until the prisoner has been searched, examined for injuries, and accepted by the detention officer. 4. The transporting officer will deliver to the detention officer all necessary documentation pertaining to the prisoner, including any information about the prisoner’s escape or suicide potential, or other issues of a security nature. Security and Control of Prisoners at Medical Facilities 1. Some medical procedures require the removal of restraints and/or privacy with the prisoner. During such procedures, the safety of the officer and the public will not be compromised. Officers becoming aware of security hazards created by medical treatment procedures are to consult with the attending physician and, if necessary, relay such information to a field supervisor. 2. When a prisoner in custody is admitted to a hospital, the transporting officer will remain with the prisoner and notify their supervisor. a. If the prisoner is in custody for a misdemeanor offense only, the transporting officer can do one of the following prior to the officer clearing the call for service: Charlotte-Mecklenburg Police Department 500-008 Prisoner Transport Interactive Directives Guide Effective Date 08/11/2015 8 of 9 (1) Issue a citation and release the person from custody, except in domestic violence cases where arrest is mandatory; or (2) Complete all arrest documentation and processes and present the case to the Magistrate and seek a warrant before the end of the officer’s tour of duty. and Complete the electronic Hospital Hold Form that is located on the CMPD Portal under, Divisions/ Administrative Services/ Communications Division/Hospital Hold Form/ New. When submitted the form will automatically go to the appropriate hospital as well as the Communications Supervisor. b. If the prisoner is in custody for a felony offense and cannot otherwise be released from custody for security or legal reasons, the field supervisor will ensure the continued security of the prisoner. The officer in charge must ensure that all arrest documentation and processes are complete and the case is presented to the Magistrate and a warrant is sought before the end of the officer’s tour of duty. c. In either case it is necessary to have proof of medical release with the arrest report before confinement to the jail will be permitted. If the arrestee has been assigned an arrest number at intake and the officer decides to issue a citation then the arresting officer’s supervisor must call intake to cancel the arrest. I. Escapes from custody during transport 1. 2. VI. In the event a prisoner escapes from custody, the transporting officer will: a. Immediately notify communications and provide necessary details to re-capture the prisoner, and notify the officer’s on-duty supervisor. b. If equipment has been damaged or stolen then appropriate reports will be recorded in KBCOPS. c. If the prisoner is not recovered prior to the officer’s end of tour then the officer shall ensure warrants have been or will be issued for the prisoner. The on-duty supervisor will evaluate the escape circumstances. If employee misconduct appears to be a factor in the escape, the supervisor will initiate a Supervisor’s Investigation in the IACMS. REFERENCES 400-005 Digital MVR Policy Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-008 Prisoner Transport Effective Date 08/11/2015 400-006 Body Worn Camera 500-002 Confinement of Arrestees and Booking Procedures 500-003 Management of Subjects in Extreme Distress 500-004 Conducting Searches 500-004-A Conducting Person Searches 600-024 Electronic Recording of Interviews-Interrogations Prisoner Transport Van SOP N.C.G.S. 122C-251(d) CALEA 9 of 9 Charlotte-Mecklenburg Police Department Interactive Directives Guide Eyewitness Identification Procedure Effective Date 08/20/2013 I. 500-009 1 of 17 PURPOSE The purpose of this directive is to help solve crime, convict the guilty, and exonerate the innocent in criminal proceedings by ensuring the reliability of eyewitness identification procedures. II. POLICY All personnel shall follow this directive when conducting eyewitness identifications, even when the eyewitness is a CMPD employee. Sworn personnel are reminded that they are not exempt from the requirements of this directive when they are an eyewitness and do not know the identity of the suspect. All employees are encouraged to speak with their supervisor about their role in an investigation as it relates to this directive. III. IV. DEFINITIONS A. Confidence Statement: A clear statement from the eyewitness, at the time of the identification and in the eyewitness’s own words that indicates the confidence level of the eyewitness that the person identified in the given lineup is the perpetrator. B. Eyewitness: A person whose identification by sight of another person may be relevant in a criminal proceeding. C. Filler: A person or photograph who is not suspected of an offense and is included in the lineup. D. Lineup Administrator: An officer who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspect. E. Live lineup: A non-suggestive display of individuals that includes the suspect and five (5) individuals who are similar in appearance and who are presented one at a time to a witness for identification purposes; this is often referred to as a physical or body lineup. F. Photo Lineup: A procedure where photographs are displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of the crime. G. Sequential photo lineup: An array of photographs, including the suspect and five (5) fillers who are similar in appearance, that are presented one at a time to an eyewitness for identification purposes. H. Showup: The presentation of only one suspect to an eyewitness. PROCEDURE FOR CONDUCTING EYEWITNESS IDENTIFICATION A. Conducting a Sequential Photo Lineup 1. Officers will only use the sequential photo lineup process in preparing and presenting a photo lineup to an eyewitness. All officers will follow the guidelines listed below. Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 2. 500-009 2 of 17 a. Photographs may be generated using the CMPD mug shot system. If photos from the mug shot system are not available or do not meet the guidelines set forth below, then officers may rely on photographs from outside sources such as a yearbook, Department of Motor Vehicles photographs or other sources. b. No writings or information concerning any previous arrest, indictment, or conviction of the suspect shall be visible or made known to the eyewitness. c. The photo of the suspect shall be current and to the extent practicable, shall resemble the suspect’s appearance at the time of the offense. d. The fillers shall generally resemble the eyewitness’s description of the perpetrator, while ensuring that the suspect does not unduly stand out from the fillers. In addition, 1) All fillers selected shall resemble, as much as practicable, the eyewitness description of the perpetrators significant features or unique features such as a beard or tattoos. 2) At least five fillers will be included in the sequential line up in addition to the suspect. e. The sequential photo lineup will be conducted by an independent administrator. f. During the sequential photo lineup, all photos will be presented to the eyewitness one at a time, in a previously determined order. Each photo will be removed after it is viewed and before the next photo is presented. g. Only one suspect will be included in a photo line up. h. The suspect will not be placed in the first position of any lineup. i. If the eyewitness has previously viewed a photo lineup in connection with another person suspected of involvement in the offense, the fillers in the lineup in which the current suspect participates shall be different from the fillers used in any prior lineups. j. If there are multiple eyewitnesses, the suspect’s picture shall be placed in a different position in the sequential photo array for each eyewitness. k. Nothing shall be said to the eyewitness regarding the suspect’s position in the photo lineup or anything that might influence the eyewitness’ identification. Separation of Witnesses. Charlotte-Mecklenburg Police Department 500-009 Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 3 of 17 The lineup administrator shall separate all witnesses in order to discourage them from conferring with one another before or during the procedure. Each witness will be given instructions regarding the identification procedure without other witnesses being present. 3. Instructions to Eyewitness. The lineup administrator will read the instructions on the form attached to this directive. After reading the instructions, the eyewitness will acknowledge in writing the receipt of the instructions. If the eyewitness refuses to sign, then the lineup administrator will note the refusal of the eyewitness to sign on the instructions and sign the acknowledgment. 4. The eyewitness may look at the lineup for as long as he or she wishes; however, the officer may not provide any feedback regarding the photographs. 5. The lineup administrator will ensure that no writings or information concerning previous arrests or identifications will be visible to the eyewitness on any lineup. 6. If the eyewitness requests to view the photographic line up a second time, all photographs will be shown using the same procedure as it was initially presented. 7. Identification by Eyewitness and the Confidence Statement. 8. a. If the eyewitness indicates that they recognize someone in the lineup, the officer will ask and document a clear statement from the eyewitness’s own words, as to the eyewitness’s confidence level that the person identified in the lineup is the perpetrator. b. The eyewitness shall not be provided any information concerning the person identified until the lineup administrator obtains the confidence statement from the eyewitness. Record of Procedure. A written record of the eyewitness photo procedure will be kept and include at a minimum: a. The confidence statement signed by the eyewitness and the lineup administrator. In the event the eyewitness refuses to sign the confidence statement, then the refusal will be noted by the lineup administrator. b. The names of all persons present at the lineup; c. The date, time and location of the lineup; d. The words used by the eyewitness in any identification; e. The number of the photos presented; Charlotte-Mecklenburg Police Department Interactive Directives Guide Eyewitness Identification Procedure Effective Date 08/20/2013 B. 500-009 f. The sources of the photos presented; and g. The photographs used in the photo lineup. 4 of 17 Conducting a Live Lineup. 1. A live lineup may be used when an individual who is a suspect in multiple cases is in custody or in a case where numerous witnesses may be able to identify the suspect. If the suspect is not in custody, the suspect may be asked to voluntarily participate in a live lineup or may be required to participate through the use of a non-testimonial identification order. A live lineup will be conducted at the Mecklenburg County Jail Central facility and will be coordinated with the Mecklenburg County Sheriff’s Office, in order to ensure that the suspect is not scheduled for a court appearance and will be available at the facility in a timely manner. A live lineup will be conducted under the guidance of a supervisor from the Criminal Investigations Bureau. An officer conducting a live lineup will adhere to the following guidelines: a. The live lineup shall be conducted by an independent administrator who shall remain sequestered from the eyewitnesses and while the fillers are being selected. b. All eyewitnesses will be required to appear at the CMPD Headquarters Building at least one hour before the lineup, in order to ensure their presence and to provide them with instructions regarding the lineup. c. The District Attorney’s Office will be notified of the lineup, so that the appropriate Assistant District Attorney may attend. d. In the event a critical stage of the prosecution has occurred (appearance before the magistrate or indictment) or a judicial proceeding has begun, the case detective will meet with the suspect’s attorney prior to the lineup and obtain his or her consent to conduct the lineup. The attorney for the suspect will be allowed to be present during the lineup. If officers are unsure whether the suspect has a right to counsel, they should make sure that counsel is present or obtain a waiver to the right to counsel from the suspect. e. If the live lineup occurs after a critical stage of the prosecution or adversarial judicial proceedings have begun, the case detective will contact the suspect’s attorney (or the Public Defender’s Office, when appropriate) and ensure that counsel is present during the live lineup. f. The suspect and his attorney will be given the opportunity, under escort of detention personnel, to select nine (9) individuals from the inmate population to serve as fillers in the lineup. The officer will then select five (5) of those individuals as fillers. Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-009 Eyewitness Identification Procedure Effective Date 08/20/2013 5 of 17 g. The officer will ensure that each of the fillers is dressed similarly to the suspect and that the lineup participants represent a non-suggestive lineup. h. The suspect will not be placed in the first position of any lineup. If only one witness is viewing the lineup, the suspect and his attorney will be allowed to place the participants in the order in which they wish them to appear in the lineup. If multiple eyewitnesses are involved, the officer will, to the extent possible, place the suspect in different positions in each lineup. The other members of the lineup will be placed randomly in each lineup. i. Each participant will be given a visible number corresponding to their placement in the lineup and numbers will be exchanged as the participants’ positions in successive lineups change. j. A photograph of each lineup will be taken prior to its presentation, documenting the order in which the participants are presented and their clothing and general appearance. k. Only one suspect will be included in a live lineup. l. Nothing shall be said to the eyewitness regarding the suspect’s position in the live lineup or anything that might influence the eye witness identification. m. The case detective will not have contact with the line up administrator or the witnesses. n. Upon entering the viewing area, the eyewitness will be given the opportunity to view the participants, one at a time, from the front and from the side. If it is necessary for the participants to perform any physical actions (speak a phrase, walk, etc.), each participant must perform the same actions. o. If there is more than one eyewitness, the lineup administrator will separate all eyewitnesses and prevent them from conferring with one another before and during the procedure. p. After viewing all of the participants, the eyewitness will be asked if he or she recognizes anyone in the lineup. If the eyewitness recognizes anyone, the eyewitness will be asked to state the circumstances from which the eyewitness recognizes the individual. All of the participants will be brought into the viewing area, even if the eyewitness makes identification during the presentation. q. The suspect’s attorney will not be allowed to question any eyewitness. Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 r. 2. 3. 500-009 6 of 17 If the eyewitness requests to see a specific individual after viewing the entire lineup, the officer will present the entire lineup to the eyewitness again, in the same order in which it was initially presented. Identification by Eyewitness/Confidence Statement. a. If the eyewitness indicates that they recognize someone in the lineup, the officer will ask and document a clear statement from the eyewitness’s own words, as to the eyewitness’s confidence level that the person identified in the lineup is the perpetrator. b. The eyewitness shall not be provided any information concerning the person identified until the lineup administrator obtains the confidence statement from the eyewitness Instructions to eyewitness. Prior to the viewing the lineup, the witness will be instructed that they will be looking at a series of individuals, one at a time, through a two-way mirror and that the individuals will not be able to see or hear the witness. In addition, the lineup administrator will read the instructions on the form attached to this directive. After reading the instructions, the eyewitness will acknowledge in writing the receipt of the instructions. If the eyewitness refuses to sign, then the lineup administrator shall note the refusal of the eyewitness to sign on the instructions and sign the acknowledgment. 4. After a witness has viewed the lineup, the officer will instruct the witness not to discuss the lineup or its results with other witnesses and will discourage the witness from discussing the case with the media. 5. A video record of the live identification procedures shall be made. If the video record is not practical, the reasons shall be documented, and an audio record shall be made. If neither, a video nor audio record is practical, the reasons shall be documented and the lineup administrator shall make a written record of the lineup. 6. Whether video, audio or in writing, the record shall include all of the following: a. All identification and non identification results obtained during the identification procedure. The results must be signed by the eyewitness. If the eyewitness refuses to sign, the lineup administrator must note the refusal and sign the notation; b. The name of all persons present at the lineup; c. The date, time and location of the lineup; d. The exact words used by the eyewitness in any identification, including words that describe the confidence of identification; Charlotte-Mecklenburg Police Department Interactive Directives Guide Eyewitness Identification Procedure Effective Date 08/20/2013 C. V. 500-009 7 of 17 e. How many individuals were present in the lineup; f. The sources of the persons used; g. A record of all persons who participated in the lineup; h. The lineup administrator will forward copies of the record to the District Attorney’s Office. Conducting a showup. 1. A showup may be used when a photo lineup is inappropriate or impractical and the time between the occurrence of the crime and location of the suspect is reasonably short. For example, officers see a person matching the description of an armed robbery suspect who is located near the scene of the recent robbery. 2. Whenever a showup is conducted, the officer will transport the eyewitness to the suspect’s location unless it is physically impossible to move the eyewitness. (For example, the eyewitness is somehow incapacitated) If the suspect must be transported, officers will attempt to obtain the suspect’s consent prior to transporting the suspect. Note: The transportation of the suspect may convert the detention into an arrest. 3. In the event of multiple eyewitnesses, the officer shall separate all witnesses in order to discourage them from conferring with one another before or during the showup. Each witness will be given instructions regarding the identification procedure without other witnesses being present. 4. Prior to the showup, the officer will obtain a detailed description of the suspect from the eyewitness. The description shall be documented. 5. The officer will ensure that the eyewitness has ample opportunity to observe the suspect. However, the officer may not provide any feedback regarding the identification. 6. A written record of the showup will include the following: a. A confidence statement; b. The names of all persons present including the suspect(s); c. The date, time and location of the showup; and d. The exact words used by the eyewitness in any identification. REFERENCES NIJ Guidelines “Eyewitness Evidence – A Guide for Law Enforcement” October, 1999 NC Actual Innocence Commission Recommendations for Eyewitness Identification North Carolina Department of Justice – “Recommendations for Eyewitness Identification” Charlotte-Mecklenburg Police Department Interactive Directives Guide Eyewitness Identification Procedure Effective Date 08/20/2013 N.C.G.S. §15A-284.50-53 CALEA 500-009 8 of 17 Charlotte-Mecklenburg Police Department 500-009 Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 9 of 17 Complaint #: CHARLOTTE – MECKLENBURG POLICE DEPARTMENT Sequential Photograph Lineup Instruction Sheet Officer/Detectives Present: Code: Assignment: Location Lineup Presented: Date/Time: Witness Name: DOB: Address: Home Phone: City: Cell Phone: State: Work Phone: Email: In a moment, I am going to show you a series of photos. The person who committed the crime may or may not be included in the lineup. I do not know the suspect’s identity. Even if you identify someone during this procedure, I will continue to show you all of the photos in the series. You should not feel like you have to make an identification. It is as important to exclude innocent persons as it is to indentify the perpetrator and the investigation will continue whether or not an identification is made. The photos will be shown to you one at a time and are not in any particular order. Take as much time as you need to look at each one. After each photo, I will ask you “Do you recognize this person, yes or no?” Take your time answering the question. If you answer “yes”, I will then ask you, “Why do you recognize this person?” and “What level of confidence do you have that this person is the perpetrator?”. Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you should avoid discussing this identification procedure or its results. Do you understand the way the lineup procedure will be conducted and the instructions I have given you? I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to review the photographs which will be presented to me, and I will follow the instructions provided on this form. Signature:___________________, Date:___/___/____ Time:___:___ am pm Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 Photograph #1 Do you recognize this person? Yes 500-009 10 of 17 No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Photograph #2 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Photograph #3 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 Photograph #4 Do you recognize this person? Yes 500-009 11 of 17 No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Photograph #5 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Photograph #6 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ 06/2009 Charlotte-Mecklenburg Police Department 500-009 Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 12 of 17 Complaint #: CHARLOTTE – MECKLENBURG POLICE DEPARTMENT Live Body Line Up Lineup Instruction Sheet Officer/Detectives Present: Code: Assignment: Location Lineup Presented: Date/Time: Witness Name: DOB: Address: Home Phone: City: Cell Phone: State: Work Phone: Email: In a moment, you are going to see a series of individuals called a lineup through a two way mirror. The individuals will not be able to see or hear you. The person who committed the crime may or may not be included in the lineup. I do not know the suspect’s identity. Even if you identify someone during this procedure, you will continue to see all of the individuals in the lineup one at a time. You should not feel like you have to make an identification. It is as important to exclude innocent persons as it is to indentify the perpetrator and the investigation will continue whether or not an identification is made. The individuals will be shown to you one at a time and are not in any particular order. Take as much time as you need to look at each one. After each individual, I will ask you “Do you recognize this person, yes or no?” Take your time answering the question. If you answer “yes”, I will then ask you, “Why do you recognize this person?” I will then ask you “What level of confidence do you have that this person is the perpetrator?”. Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you should avoid discussing this identification procedure or its results. Do you understand the way the lineup procedure will be conducted and the instructions I have given you? I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to review the individuals which will be presented to me, and I will follow the instructions provided on this form. Signature:___________________, Date:___/___/____ Time:___:___ am pm Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 Individual #1 Do you recognize this person? Yes 500-009 13 of 17 No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Individual #2 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Individual #3 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Charlotte-Mecklenburg Police Department Eyewitness Identification Procedure Interactive Directives Guide Effective Date 08/20/2013 Individual #4 Do you recognize this person? Yes 500-009 14 of 17 No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Individual #5 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Individual #6 Do you recognize this person? Yes No If yes, ask “Why do you recognize this person?” Document exact response. _____________________________________________________________________ _____________________________________________________________________ Using your own words, how certain are you that this is the person that _____________________? Response: ____________________________________________________________ Charlotte-Mecklenburg Police Department 500-009 Eyewitness Identification Procedure Interactive Directives Guide 15 of 17 Effective Date 08/20/2013 DEPARTAMENTO DE POLICÍA DE CHARLOTTE – MECKLENBURG Hoja de instrucción para el reconocimiento de fotografías secuenciales Código: Oficial/Detective: Lugar del reconocimiento: N° de denuncia: Asignación: Fecha/Hora: Nombre del testigo: Fecha de nacimiento: Dirección: Ciudad: Teléfono de casa: Teléfono celular: Teléfono de oficina: Estado: Correo electrónico: En un momento, voy a mostrarle una serie de fotografías. Es posible que la persona que cometió el delito esté o no incluida. No sé si la persona que está siendo investigada está incluida. Incluso si usted identifica a alguien durante este procedimiento, continuaré mostrando todas las fotos en la serie. Tome en cuenta que las características como los cortes de cabello, las barbas y los bigotes se pueden cambiar fácilmente y que los colores de la piel pueden lucir un poco diferentes. No debe sentirse obligado(a) a tener que hacer una identificación. Este procedimiento es importante para la investigación, independientemente de si usted identifica o no a alguien. Las fotografías se le mostrarán una por vez y no estarán en ningún orden en particular. Tómese el tiempo que necesite para ver cada una de ellas. Después de cada fotografía, le preguntaré: “¿Reconoce a esta persona, sí o no?” Tómese su tiempo para responder a la pregunta. Si responde con un “sí”, le preguntaré: “¿Por qué reconoce a esta persona?” Debido a que usted está involucrado(a) en una investigación en curso, debe evitar hablar acerca de este procedimiento de identificación o de sus resultados a fin de no perjudicar la investigación. ¿Entiende usted la forma en que se realizará el procedimiento de reconocimiento y las instrucciones que ha recibido? Charlotte-Mecklenburg Police Department Interactive Directives Guide 500-009 Eyewitness Identification Procedure Effective Date 08/20/2013 16 of 17 He leído estas instrucciones, o me las han leído, y las entiendo. Estoy preparado(a) para revisar las fotografías que me mostrarán y seguiré las instrucciones indicadas en este formulario. Firma: ___________________, Fecha: ___/___/____ Hora: ___:___ a.m. p.m. Fotografía N° 1 ¿Reconoce a esta persona? Sí No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Fotografía N° 2 ¿Reconoce a esta persona? Sí No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Fotografía N° 3 ¿Reconoce a esta persona? Sí No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. . _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Charlotte-Mecklenburg Police Department Interactive Directives Guide Eyewitness Identification Procedure Effective Date 08/20/2013 Fotografía N° 4 ¿Reconoce a esta persona? Sí 500-009 17 of 17 No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Fotografía N° 5 ¿Reconoce a esta persona? Sí No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Fotografía N° 6 ¿Reconoce a esta persona? Sí No Si responde afirmativamente, pregunte: “¿Por qué reconoce a esta persona?” Documente la respuesta exacta. _____________________________________________________________________ _____________________________________________________________________ ________________________________________________________ Charlotte-Mecklenburg Police Department Requesting Protected Health Information Interactive Directives Guide Effective Date 05/27/2011 I. 500-010 1 of 5 PURPOSE To establish guidelines for Charlotte-Mecklenburg Police Department (CMPD) Officers in requesting and obtaining protected health information (PHI) from a healthcare entity (HCE) that must comply with the privacy regulations of the Health Insurance Portability and Accountability Act (HIPAA). II. POLICY The privacy regulations of HIPAA impose a legal obligation on a HCE to protect PHI from unauthorized disclosure. Because it may become necessary for officers to obtain PHI in the course of a criminal investigation or other legitimate law enforcement purpose, this necessity can come into conflict with the legal obligation of a HCE under HIPAA. CMPD endeavors to cooperate with HCEs by ensuring that disclosures of PHI to officers will be in compliance with HIPAA regulations. III. IV. DEFINITIONS A. Health Care Entity (HCE): A health plan, healthcare clearinghouse or healthcare provider that must comply with HIPAA privacy regulations. B. Protected Health Information (PHI): Individually identifiable health information (including demographic information) and information that relates to the past, present, or future treatment and care of an individual. PROCEDURE A. Officers should provide verification of identity by displaying their official departmental identification to HCE personnel when requesting PHI. B. Disclosure of PHI Required by Law. 1. A HCE is required to report to law enforcement the following PHI even in the absence of a request by law enforcement: a. Bullet wounds, gunshot wounds, powder burns or any other injury or wound actually or apparently caused by the discharge of a firearm; b. Illness actually or apparently caused by poisoning; c. Wounds or injury actually or apparently caused by a knife, sharp or pointed instrument where it reasonably appears that criminal conduct was involved; d. Wounds, illness or injury in which there is grave bodily harm where it reasonably appears that criminal conduct was involved; e. Recurrent illness or serious physical injury to a child under the age of 18 where it reasonably appears such illness or injury is the result of nonaccidental trauma. Charlotte-Mecklenburg Police Department Requesting Protected Health Information Interactive Directives Guide Effective Date 05/27/2011 2. 3. C. 500-010 2 of 5 If mandatory reporting is required a HCE will disclose the following PHI (if known): a. Name; b. Age; c. Sex; d. Race; e. Address or present location; f. Character and extent of injury. The release of any additional PHI will require either the authorization of the individual whose information is being sought or a court order. Request for PHI 1. Identification or Location Information a. 2. A HCE may disclose the following information upon the request of a CMPD officer seeking to identify or locate a suspect, fugitive, material witness, or missing person: (1) Name; (2) Address; (3) Date and place of birth; (4) Social Security Number; (5) ABO blood type and Rh factor; (6) Type of injury; (7) Date and time of treatment; (8) Date and time of death; (9) Description of distinguishing physical characteristics, including height, weight, gender, race, hair, eye color, facial hair, tattoos or scars. Crime Victim PHI a. If PHI is requested for the victim of a crime, a HCE may disclose the information if: (1) The victim authorizes the disclosure; or (2) The victim is unable to authorize the disclosure due to incapacitation or other emergency circumstance and: Charlotte-Mecklenburg Police Department Interactive Directives Guide Requesting Protected Health Information Effective Date 05/27/2011 3. 3 of 5 (a) The officer informs the HCE that the PHI is needed to determine whether someone other than the victim has violated the law and the information is not to be used against the victim; (b) The officer informs the HCE that immediate law enforcement action depends upon the disclosure and would be materially and adversely affected by waiting until the victim is able to authorize the disclosure; and, (c) The disclosure is in the best interests of the victim as determined by the HCE. Motor Vehicle Crash Investigation a. b. 4. 500-010 If an individual is involved in a motor vehicle crash, a HCE providing medical treatment must disclose the following PHI upon the request of an officer investigating the crash: (1) Name, (2) Current location, (3) Whether the person appears to be impaired by alcohol, drugs or other substance. A HCE must allow an officer investigating a motor vehicle crash access to visit and interview the individual upon request, except when the HCE requests temporary privacy for medical reasons. Internal Affairs Complaint Investigations a. A completed CMPD Request for Summary Health Information Form should be submitted to the HCE in order to obtain PHI. (See attached CMPD Request for Summary Health Information Form) b. In order for the HCE to comply with HIPAA, the officer must certify that: c. (1) The PHI sought is relevant and material to a legitimate law enforcement inquiry; (2) The request must be specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is being sought; and (3) De-identified information could not reasonably be used. Deidentified information does not identify an individual and could not reasonably be used to identify an individual. If additional PHI is necessary for the investigation, the Internal Affairs Bureau should obtain a court order. Charlotte-Mecklenburg Police Department Interactive Directives Guide Requesting Protected Health Information Effective Date 05/27/2011 D. E. F. 500-010 4 of 5 5. Disclosure of PHI based solely upon the request of an officer (other than what is required to be disclosed in a motor vehicle crash investigation) is entirely within the discretion of the HCE. 6. If a request for disclosure of PHI is denied an officer should then obtain either an authorization for release of health information or a court order. Authorization for Release of Health Information 1. Officers can obtain PHI by submitting a completed CMPD Authorization for Release of Health Information Form signed by the individual (or authorized representative) whose information is being requested to a HCE. (see attached CMPD Authorization for Release of Health Information Form and Information Sheet) 2. A HCE may require officers to submit a completed and signed authorization form provided by the HCE. If so, officers should utilize the form provided or obtain a court order. Court Order 1. Officers may seek a court order requesting a HCE to disclose and provide PHI through the Police Attorney’s Office. 2. In preparing a motion and order, prior to consultation with the Police Attorney’s Office, officers should verify that the motion and order contains the following: a. Name(s), including aliases, of the individual(s) whose PHI is being requested. If PHI is being requested for an unidentified suspect, then information from which the HCE can reasonably ascertain the identity of the suspect should be provided. b. A list of the specific PHI being requested (i.e. “All medical records and details” or specific demographic information, such as name, address and date of birth). 3. Only PHI that is listed in the final signed order will be released. 4. Release of PHI related to DNA, DNA analysis, dental records, samples or analysis of tissue or bodily fluids (other than blood or urine), will require a court order. 5. Release of PHI related to mental health or substance abuse will require a court order. Abuse or Neglect Investigations with DSS – When conducting a criminal investigation pursuant to a request by DSS, an Officer need only present a letter from DSS confirming the investigation and the Officer’s authority to investigate when requesting PHI. Charlotte-Mecklenburg Police Department Interactive Directives Guide Requesting Protected Health Information Effective Date 05/27/2011 G. V. 500-010 5 of 5 Once a felony case has been papered to the District Attorney’s Office, requests for PHI of individuals involved should be handled as directed by the Assistant District Attorney assigned to the case. REFERENCES 45 C.F.R. § 160.103 45 C.F.R. § 164.500 et seq. N.C.G.S. § 7B-300 et seq. N.C.G.S. § 90-21.20 et seq. CHARLOTTE – MECKLENBURG POLICE DEPARTMENT Date(mm/dd/yyyy) Administrative Request for Summary Health Information To:            Date:                   Patient / Suspect Information     Name:                     Date of Medical Evaluation:                       Date of Birth:               Home Address (if known              The above referenced individual was evaluated at your medical facility on or around the date indicated. The individual is now the  subject of an authorized investigation by this law enforcement agency; the medical condition and any injuries identified during the  medical evaluation are pertinent to this investigation.     Pursuant to 45 C.F.R. §164.512(f)(1)(ii)(C), we hereby request summary information regarding patient condition and injuries,  specifically:          Injuries caused by or related to police use of force       Other:               This agency, in accordance with 45 C.F.R. §164.512(f)(1)(ii)(C), hereby certifies that:  1. The information sought is relevant and material to a legitimate law enforcement inquiry;  2. The administrativerequest is specific and limited in scope to the extent reasonably practicable in light of the purpose for  which the information is sought; and  3. De‐identified information could not reasonably be used.    Thank you for your immediate attention.       Investigator Information and Contact / Reply Numbers                                 Law Enforcement Agency Name          Case or Incident Number                                      Investigator ID No.  Investigator Name (Please print legibly)      ________________________________________________      Signature                          (          )           ‐              (          )           ‐                         Phone         Fax        Email  Pdrpa10/2010 1 Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Vehicles Effective Date 04/14/2014 I. 600-001 1 of 6 PURPOSE This policy establishes guidelines for the official use and operation of Charlotte-Mecklenburg Police Department (CMPD) vehicles for both on-duty and off-duty assignments and use, as well as out of town requests. II. III. DEFINITIONS A. Employee: Any sworn employee, non-sworn employee, or volunteer for the CMPD with a valid City of Charlotte driving permit. B. CMPD Vehicle: Any vehicle, marked or unmarked, that is owned or leased by the City of Charlotte and assigned to CMPD for official use. C. Take-Home Vehicle: Any CMPD vehicle, marked or unmarked, that is assigned to an individual employee for official use on a 24-hour per day basis. TAKE HOME VEHICLES Take Home Vehicles are issued for the purposes of after-hours recall to a crime scene or critical incident requiring immediate response, and to promote greater police presence and visibility throughout the CMPD policing jurisdiction through the expanded use of marked patrol vehicles. A. To facilitate immediate responses and access to necessary equipment after-hours, Take Home Vehicles are authorized for non-work related operation in Mecklenburg County and counties contiguous with Mecklenburg County within the forty-five (45) mile radius residency requirement. (Exceptions to the contiguous county restriction are at the discretion of an Employee’s Deputy Chief.) B. Employees (Sworn and Non-Sworn) that reside in the State of South Carolina will not operate a departmental vehicle for take-home purposes. C. Employees operating a Take Home Vehicle will provide initial response to any incident occurring in their proximity, whether they personally observe the incident or it is communicated through a second party or radio transmission. However, at no time will employees jeopardize the safety of civilian passengers. If an employee is unable to respond to an incident because the response may jeopardize the safety of civilian passengers, the officer is required to take measures to assist such as obtaining a suspect description and relaying that information to dispatch. D. Civilian passengers may accompany an Employee, as long as those passengers do not unreasonably inhibit the Employee’s ability to respond to a callback event. E. Employees operating a Take Home Vehicle must have appropriate attire and equipment immediately available to them for callback response or to enable them to fulfill an emergency public safety function. Minimally, this includes the service pistol, handcuffs, radio, flashlight and an outer garment identifying the Employee as a CMPD officer. Attire worn while operating a Take Home Vehicle shall be sufficiently appropriate to reflect favorably upon the CMPD. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-001 Departmental Vehicles Effective Date 04/14/2014 2 of 6 F. Employees authorized a Take Home Vehicle equipped with a laptop computer and/or shotgun, are responsible for securing and locking such items in their proper mounting locations. In vehicles without locking mounts or those parked for extended periods of time, equipment will be secured in the vehicle trunk. Employees will not leave any firearms, portable radios or other sensitive equipment unsecured in the passenger area of the vehicle. (Employees carrying specialized equipment will refer to the Unit SOP for securing and storing such equipment.) G. Employees operating the Take Home Vehicle for personal use will not visit any location that may reflect negatively on the department or result in public criticism. A Take Home Vehicle may not be used for recreation or vacation purposes outside of CMPD jurisdiction. H. The following additional guidelines apply specifically to Marked Take Home Vehicles issued to employees for the purpose of promoting greater police presence, immediately responding to emergency and visibility throughout the CMPD policing jurisdiction: 1. Participating vehicles shall include only marked patrol vehicles. 2. The selected Employee must reside within the CMPD policing jurisdiction, which only includes the corporate city limits of Charlotte and the unincorporated areas of Mecklenburg County. 3. Take Home Vehicle use is restricted to Mecklenburg County. 4. Division captains will prioritize and select participating employees based upon performance and vehicle deployment preferences. 5. Employee disciplinary and performance problems may affect continued participation in the program. Such issues shall be resolved by an affected Employee’s chain of command. 6. Take Home Vehicle programming is subject to vehicle availability and shall not take precedence over operational needs of the department. 7. Changes in Take Home Vehicle assignments: a. Employees who change division assignments or who change home addresses may forfeit eligibility to participate in the program. Any participating Employee must promptly notify his or her captain and the Administrative Services Group major of any home address changes. b. Division captains are responsible for promptly notifying the Administrative Services Group major of all changes in Take Home Vehicle assignments. c. If an officer is unable to perform their normal duties due to injury, illness, administrative leave, or vacation, the take-home vehicle may remain at the home of the participant. However, if the officer is absent for thirty (30) or more days, the vehicle may be reallocated by CMPD. Charlotte-Mecklenburg Police Department Departmental Vehicles Interactive Directives Guide Effective Date 04/14/2014 IV. V. 600-001 3 of 6 I. Employees participating in the officer home loan program may be assigned a take home car based upon availability and current distribution of take home cars within the immediate neighborhood or area where the officer has purchased the home. Continued residence at the home is a requirement in order to remain eligible for a take home car and assignments of take home cars may be adjusted as neighborhood status shifts. J. The CMPD Administrative Services Group major will conduct an annual review of all take home vehicles to ensure policy objectives are being met. TRANSPORTATION OF CITIZENS WHILE ON DUTY A. Transportation of any citizen must be supported by a legitimate duty-related purpose and shall not interfere with police operations. B. CMPD personnel will advise Communications of the destination and beginning/ending mileage of the police vehicle, when the transported person is of the opposite sex or a juvenile. To provide necessary confidentiality in criminal investigations, Vice and Narcotics is excepted from this provision. DEPARTMENT RIDE ALONG PROGRAM The Ride-Along Program is designed to allow citizens to observe police operations from an internal perspective by riding with on-duty police officers. The procedure to participate is outlined in the Field Services Group Standard Operating Procedure. VI. VEHICLE INSPECTION A. B. Prior to taking possession of any assigned vehicle, Employees will inspect the vehicle and complete the Automobile Assignment and Inspection List. 1. Employees will notify their supervisor if any unreported or questionable damage is discovered on CMPD vehicles. 2. The supervisor will investigate the source of any unreported damage, complete the required reports, and initiate the necessary corrective action. 3. All Automobile Assignment and Inspection List forms for division assigned vehicles will be returned to the supervisor of the employee's division or unit. 4. All equipment that is required in patrol vehicles for the Employee to properly perform his/her job function, will be supplied and replenished by the CMPD. 5. Some vehicles assigned to a patrol division contain optional equipment (i.e. crime scene tape, traffic cones or flares, fire extinguishers, etc) that may not necessarily be supplied or replenished by the CMPD, but are approved for use. Returning Vehicles Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Vehicles Effective Date 04/14/2014 VII. VIII. 600-001 4 of 6 1. Employees will ensure that each vehicle is clean, has the assigned fuel card, and all personal property is removed at the conclusion of their tour of duty. Supervisors will periodically check vehicles for interior and exterior cleanliness. 2. Vehicles will be returned with fuel tanks no less than three fourths full. Fueling procedures will include checking the oil level, transmission fluid level, water level, tire pressure, and adding oil, water and air as needed. TOWING CMPD VEHICLES A. Disabled or wrecked CMPD vehicles will be towed by the Equipment Management Division (garage) or their designated wrecker service. B. No Inventory Report or Tow-In Report is necessary when a CMPD vehicle is towed. C. When a police vehicle is towed, the Employee, or his or her supervisor, is responsible for removing the shotgun, laptop, and radar (if portable) and storing them appropriately. VEHICLE OPERATION A. Employees will use the skills, principles, and concepts of the City of Charlotte Defensive Driving Course while operating CMPD vehicles. B. Before operating a CMPD vehicle, Employees will have a City of Charlotte Driving Permit and ensure that they are familiar with the vehicle’s individual characteristics and features. Employees will make themselves aware of the different types of equipment found on various CMPD vehicles, such as anti-lock brakes, front wheel drive, etc., and will direct any questions to a supervisor. C. Employees are required to use the factory installed occupant safety restraining devices anytime they are operating a CMPD vehicle. D. Employees should turn off the ignition when is it not necessary to leave the engine running. E. No Employee will leave a CMPD vehicle unattended without securing it by removing the keys from the ignition, rolling up all windows, and locking all doors. Specialized units will adhere to their unit’s standard operating procedure as it relates to securing vehicles. Canine units will follow their standard operating procedure regarding leaving their dogs unattended in their CMPD vehicles. F. CMPD vehicles will be parked legally in designated spaces marked by the appropriate signs. G. Shotguns, laptops, portable radar units, and personal items must be removed from the vehicle and stored properly prior to leaving the vehicle at the Equipment Management Division (garage) or an outside vendor for repair or maintenance service. H. Fuelman Cards Charlotte-Mecklenburg Police Department Departmental Vehicles Interactive Directives Guide Effective Date 04/14/2014 5 of 6 1. Vehicles will be fueled using only the fuel card assigned to that vehicle. 2. In the event that a fuel card is lost, the supervisor is to contact the Fleet Manager to determine the last employee to use the card. If the card is not found a lost equipment report will be filled out with a copy faxed to the Fleet Manager. 3. I. 600-001 4. Employees may be required to pay a replacement fee of $5.00 to the Human Resources Division and deliver the receipt to the Fleet Management Section for a replacement card. 5. In the interim, a card number will be given to use manually until the report findings are completed. CMPD Logistics Unit Vehicles Multi-passenger vans and Pick-up trucks are assigned to the CMPD Logistics Unit and are available for approved CMPD sponsored functions or official business. The following guidelines are in place to account for the use and operation of these vehicles and their passengers: 1. In order to operate a CMPD Logistics Unit Vehicle, an Employee must have a City of Charlotte Driving Permit and successfully completed the City of Charlotte Defensive Driving Course. 2. The Employee must contact a CMPD Logistics Unit to request and reserve a vehicle. 3. If vehicles are to be operated outside of Mecklenburg County, the Employee will provide to the CMPD Logistics Unit Supervisor a passenger manifest to include: a. Driver/ passenger names; b. Addresses; c. Telephone numbers; d. Emergency contact telephone numbers; e. Destination and route; f. Trip Timeline. The CMPD Logistics Unit Supervisor will forward copies of this list to the Communications Division shift supervisor and the Watch Commander’s Office. 4. IX. All sections of this Directive also apply to the operation and use of CMPD Logistics Unit Vehicles. BUMPER STICKERS Charlotte-Mecklenburg Police Department Interactive Directives Guide Departmental Vehicles Effective Date 04/14/2014 X. XI. 600-001 6 of 6 A. Placement of any bumper sticker on a CMPD vehicle requires the approval of the Executive Staff. B. Bumper stickers must refer to programs that are supported department-wide. SECONDARY EMPLOYMENT USE OF CMPD VEHICLES A. Employees authorized Take Home Vehicles are permitted to use them for approved CMPD secondary employment functions. B. Employees seeking to utilize a division vehicle for approved CMPD secondary employment must have the authorization of the division commander or his or her designee. The operational needs of a division cannot be compromised in support of any secondary employment activity or function. OUT OF TOWN VEHICLES Employees will utilize the following guidelines when they need a vehicle to go out of town on official business: XII. A. Employees will use a vehicle from their respective service area, division, or unit due to the limited number of out of town vehicles assigned to the Fleet Management Section. B. In the event a vehicle will not be available from the employee's assigned unit, the employee will request in writing, and with a supervisor's approval signature, that they need to use an out of town vehicle from the Fleet Management Section. C. The request document should contain the following information: the date of the request, the date the vehicle will be picked up, the date the vehicle will be returned, why the employee will need the vehicle, and the destination where the employee will be taking the vehicle. D. Due to the limited number of out of town vehicles, requests will be filled on a first come basis. However, to ensure a vehicle is available for official use, an Employee may reserve an out of town vehicle through the Fleet Management Section prior to the Employee’s departure date. E. Upon returning an out of town vehicle, employees will comply with Section VI. B. of this directive. REFERENCES Rule of Conduct #7 300-007 Secondary Employment 600-002 Vehicle Accident and Damage Investigation 900-010 Shotgun Inventory and Control CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Vehicle Damage & Review Procedure Effective Date 09/29/2014 I. 600-002 1 of 4 PURPOSE To provide guidelines for the investigation and reporting of vehicle accidents/collisions involving CMPD vehicles and non-collision damage to CMPD vehicles, and to discuss the internal CMPD review process of vehicle accidents. II. POLICY All vehicle accidents/collisions will be investigated and documented in the Internal Affairs Case Management System (IACMS) within 24 hours. This does not apply to Unlicensed Mobile Equipment such as ATV’s, Bicycles, Rhino’s, Segway’s, etc. III. IV. DEFINITIONS A. Collision Report: Refers to the N.C. Crash Report Form DMV-349 or the equivalent form in another state. B. Non-Reportable Crash Form: Used to document vehicle accidents where damage is less than $1,000 and there are no injuries. C. Vehicle Accident Reporting Form (VARF): Risk Management form used city-wide for the reporting of vehicle accident information. D. Non-Preventable Crash: A crash in which the employee’s operation of the vehicle was not a contributing factor to the collision. E. Preventable Crash: A crash in which the employee’s operation of the vehicle was a contributing factor to the collision. F. Damage: Any damage other than damage caused by a traffic collision resulting in destruction or loss of property value which is caused or incurred in whole or in part as a willful or negligent act. REPORTING PROCEDURE A. In the event of a vehicle collision involving a CMPD vehicle, an employee will: 1. Immediately report the collision (or damage) to the telecommunicator and request that the employee’s supervisor (or any field supervisor, if the employee’s own supervisor is not available) respond to the scene. 2. Manage the accident scene, including caring for injured persons, requesting medical aid, and restoring the normal flow of traffic. 3. If the vehicle collision occurs outside of Mecklenburg County, the law enforcement agency for that jurisdiction will investigate the collision and complete the proper accident report. Unless emergency medical transport is needed, the employee will remain at the scene and notify his/her supervisor immediately. If the employee is unable to contact his/her supervisor then he/she will request that the investigating agency notify the CMPD Communications Division who will then notify the supervisor. Charlotte-Mecklenburg Police Department Interactive Directives Guide Vehicle Damage & Review Procedure Effective Date 09/29/2014 B. 600-002 2 of 4 The supervisor responding to the collision scene will: 1. Ensure that the accident scene is properly managed, that any hazards or conditions that caused the collision are removed, and that all reports are completed correctly. 2. Ensure proper notification occurs for any vehicle accident resulting in a fatality, serious or life threatening injuries, total loss or significant vehicle body damage, or damage to property other than a vehicle that could exceed $10,000, requires the supervisor to make the following notifications: a. Division Captain, Civilian Manager, or the Watch Commander b. Risk Management Division (704-336-3301 /or after hours 704-336-2053) 3. Ensure that an Accident Reconstructionist respond to the scene and complete the investigation for any vehicle accident resulting in a fatality, serious/life threatening injury. 4. Determine if employee is required to complete a drug/alcohol test as outlined in Directive 300-009, Employee Drug and Alcohol Testing and ensure that any required testing is completed. 5. Open a crash investigation in IACMS prior to the end of the shift and complete the following: 6. a. Collision Report or the Non-Reportable Crash Form. b. Equipment Services Request Form. c. Supervisor’s statement. d. Ensure the employee fills out their statement in IACMS. e. In a crash involving a parked and unoccupied CMPD vehicle, the supervisor will not list an employee as being investigated. The operator of the vehicle can be listed as the reporting person. f. Ensure that the Vehicle Accident Reporting Form (VARF) is completed. Report the vehicle accident to Risk Management: a. Report by completing the VARF using the link below located on Risk Management’s webpage on CNEThttp://riskmgmtonline.ci.charlotte.nc.us/varf/varf.html b. The Collision Report or the Non-Reportable Crash Form can be emailed to Risk Management by using the link in IACMS shown directly above the box asking for the Crash Report Number. (claims@ci.charlotte.nc.us is the secure email address for the Claims Department). Charlotte-Mecklenburg Police Department 600-002 Vehicle Damage & Review Procedure Interactive Directives Guide Effective Date 09/29/2014 3 of 4   C. Damage to vehicles (non-collision) Any non-collision damage to a CMPD vehicle (such as damage caused by a suspect, vandalism, fire, mother nature, etc.,) requires the following: V. a. Investigation by the supervisor and completion of a “Damage to Property” report. b. Notification to Risk Management and receipt of a Claim Number from Risk Management for documentation purposes. c. Completion of the Equipment Services Request Form before any repairs are made. d. If an arrest is made in connection with the damage to the vehicle, Risk Management will be contacted and will provide an estimate of the cost to repair. This estimate will be included in the case preparation for the court to make a disposition on reimbursement. REVIEW PROCEDURE A. B. C. The investigating supervisor will complete an investigation into the crash and take the following actions: 1. Make a recommendation of "Preventable" or "Non Preventable," and determine if corrective action or training is needed. 2. If the supervisor determines the crash to be preventable, the number of previous preventable crashes in the employee's file will be obtained from the Internal Affairs Bureau and recorded on the Chain of Command Review Report. 3. Transfer the Supervisor's Investigative Report to the next level of command. The next command level will review the investigative report and take the following actions: 1. Make a recommendation of "Preventable" or "Non Preventable," and corrective action or training, when appropriate. 2. Forward the investigative report to the next level of command. Disposition 1. The Major assigned to the employee's service area or bureau will make the final determination that the crash was "Preventable" or "Non Preventable." 2. The employee will be notified of the disposition of the investigation by his or her supervisor. The employee will acknowledge the disposition of the crash by his or her signature or electronic acknowledgement in the IACMS. Charlotte-Mecklenburg Police Department Interactive Directives Guide Vehicle Damage & Review Procedure Effective Date 09/29/2014 D. 600-002 4 of 4 3. The employee’s immediate supervisor will ensure that any corrective action or training is implemented and documented. 4. Completed IACMS documentation associated with the investigation and disposition will be transferred to the Internal Affairs Bureau for review and storage. Training 1. Any CMPD employee involved in a crash while driving a city vehicle will have the crash evaluated by the Driver Training Coordinator. Any CMPD employee involved in a preventable crash in a city vehicle may be required to attend driver training. The driver training coordinator will determine the type of training to be delivered based on the following criteria: 2. VI. a. The number of preventable crashes an employee has been involved in. b. The specific circumstances related to the crash. c. The value or effectiveness of training based on the circumstances of the crash. d. Recommendation of employee’s chain of command following the IACMS investigation. The criteria and process for training will be as follows: a. Employees involved in one preventable crash within a three year period will attend four hours of driver training. b. Employees involved in two or more preventable crashes within a three year period will attend eight hours of driver training. c. At the conclusion of all training sessions, the Driver Training Supervisor will complete an evaluation and recommendation form and submit it to the employee’s chain of command. d. The driver training sessions will consist of a detailed Smith System review and practical driving exercises related to the specific type of crash in which the employee was involved. REFERENCE 300-009 Employee Drug and Alcohol Testing City Policy FIN 8 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Seizure of Electronic Evidence Effective Date 04/03/2003 I. 600-003 1 of 3 PURPOSE This directive establishes a uniform policy for the seizure, collection, and preservation of electronic evidence. This includes computers, personal data assistants (PDA’s), floppy disks, etc., which are encountered by departmental employees in connection with investigations and/or searches. II. POLICY It is the policy of the Charlotte Mecklenburg Police Department that all personnel who are engaged in the seizure of computers, recording devices, or recording media, for the evidence contained therein, shall seize those items by procedures designed to ensure the integrity of the seized items. These items will be impounded as evidence, and will only be examined by personnel who are trained in computer and data recovery. III. DEFINITIONS A. Computer Forensic Specialist: a member of the department specially trained in the techniques of computer data recovery and seizure. It is the role of the computer forensic specialist to conduct evidentiary searches of electronic media and to report the findings to the employee assigned to investigate the involved case. B. Computer System: computer monitor, CPU, communication device, PDA, data storage device, or peripherals configured to work together as a unit or cabled together externally. C. Recording Device: CD ROM, CDR, floppy drive, tape drive, zip drive, jazz drive, magneto-optical drive, hard drive, and/or other mechanical, electrical, optical, or combination device used to store data that is not currently connected to an operating system. D. Electronic Media: any material, written or photographic, that is actually stored on a computer’s recording device. E. Network: any two or more computer systems connected together that can communicate with each other and share resources. F. Operating System: software used to allow the equipment in the computer to interact with the computer applications and user. Examples include DOS, Windows 3.x, Windows 95/98, 2000, XP, Windows NT, Macintosh, Unix, Linux, OS/2, and Novell. G. Tool Kit: used to document, remove, package, and transport electronic evidence and consists of: 1. cameras; 2. crime scene tape; 3. stick-on labels; and Charlotte-Mecklenburg Police Department Interactive Directives Guide Seizure of Electronic Evidence Effective Date 04/03/2003 4. 600-003 2 of 3 notepads, markers, evidence forms, and sketchpads. Note: Because electronic media is susceptible to electrostatic charges and magnetic fields, anti-static bags (original silver or chrome packages in which hard drives are shipped) should be used to store hard drives, floppy disks, zip disks, etc. In the event an anti-static bag cannot be located, an appropriately sized paper bag can be used. IV. PROCEDURE A. This policy shall apply only in those cases where data residing on computer systems, recording devices, and electronic media are being sought as evidence in an investigation. Computers seized by departmental personnel as evidence (in cases such as burglary and retail theft, where the computer or related media is the actual item stolen/recovered), will be turned in at the Property Control Division according to departmental guidelines/policies. B. No employee, except one acting under the direction of a computer forensic specialist, will attempt to examine any computer system, CPU, floppy disk, zip disk, thumb drive, CD ROM, or like device used to store electronic media for potential evidence contained therein. C. When it is determined that a computer is to be seized and processed, the employee will notify their immediate supervisor and advise him/her of the seizure. If the employee is unsure whether a seizure is appropriate, the immediate supervisor will be notified and will make that determination. Whenever electronic media is encountered and to be seized pursuant to a search warrant, consent or probable cause, the employee making the seizure will take the following steps: 1. If the computer is off, leave it off, do not turn it on! 2. If the computer is on, photograph the monitor to document what is displayed for evidentiary purposes. 3. Photograph the computer or other electronic media in its original state before anything is touched. 4. If the computer is on, unplug the power cord from the back of the computer, not the wall outlet. If the computer is connected to a modem, LAN, or router, disconnect it from the computer in order to prevent the computer from being accessed remotely and data changed or destroyed by a remote user. 5. Document each step as it is taken, making detailed notes. One employee should be responsible for the documentation and collection of the electronic media and actual computer. More than one employee can be involved in the search for evidence. However, each employee’s name should be recorded and detailed notes of what they discovered and/or seized should be kept. Charlotte-Mecklenburg Police Department 600-003 Seizure of Electronic Evidence Interactive Directives Guide Effective Date 04/03/2003 3 of 3 6. Do not make any key strokes or mouse clicks to the computer. If that occurs, document exactly what keystrokes or mouse clicks were made and the results of these actions. 7. Once power has been disconnected from the computer, sticker labels should be applied to all connections and corresponding cables on the computer, so that the computer can be reconnected to its original configuration for later analysis or court purposes. 8. Do not transport electronic media near antennas or power supplies. Keep electronic media away from electromagnetic fields. Contact with these sources can cause the deletion of data. 9. If electronic media seized is to be searched for potential evidentiary value, a Laboratory Examination Request form will be completed by the employee seizing the evidence, and the evidence turned in at the Property Control Division. 10. The employee impounding the electronic media must provide the computer forensics specialist with the background information of the case. This will include, but will not be limited to, the following: a. suspect name(s); b. special or street language used by the suspect(s); c. known code words; d. passwords; e. email addresses; and f. other information that may be of use to the computer forensic specialist in the formulation of searches. Charlotte-Mecklenburg Police Department Domestic Violence Interactive Directives Guide Effective Date 08/18/2012 I. 600-005 1 of 10 PURPOSE The purpose of this directive is to establish departmental policy for responding to and processing information regarding domestic violence in accordance with Chapter 50-B of the North Carolina General Statutes, as well as related criminal and civil statutes. II. POLICY It shall be the policy of the Charlotte-Mecklenburg Police Department (CMPD) to thoroughly investigate all allegations of domestic violence, make appropriate referrals, and take action according to the totality of the information known. Coordinated community efforts for early intervention are encouraged to hold suspects accountable and to provide needed assistance to victims. Due to the nature of domestic violence situations, the department’s policy is that prosecution of criminal offenses is brought by the State of North Carolina so that any decisions regarding the dismissal of criminal offenses shall be made by the State at the prosecution stage, rather than the arrest stage. Cases will be routed to the appropriate divisions for investigation. Any criminal domestic violence cases involving CMPD employees that occur within CMPD jurisdiction will be investigated by the Domestic Violence Unit. These cases may also include a separate administrative investigation conducted by the Internal Affairs Bureau. (See Directive 200-003 Internal Domestic Violence Policy) III. DEFINITIONS A. Domestic Violence - as defined by N.C.G.S. §50B-1(a) means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense: 1. Attempting to cause bodily injury, or intentionally causing bodily injury; or 2. Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or 3. Committing any act defined in G.S. §14-27.2 through G.S. §14-27.7: a. First-degree rape - §14-27.2; b. Rape of a child; adult offender - §14-27.2A; c. Second-degree rape - §14-27.3; d. First-degree sexual offense - §14-27.4; e. Sexual offense with a child; adult offender - §14-27.4A; f. Second-degree sexual offense - §14-27.5; g. Sexual battery - §14-27.5A; and, Charlotte-Mecklenburg Police Department Domestic Violence Interactive Directives Guide Effective Date 08/18/2012 h. B. 600-005 2 of 10 Intercourse and sexual offenses with certain victims (sexual activity by a substitute parent, or sexual activity by school personnel) - §14-27.7. Personal relationship - is defined by N.C.G.S. §50B-1(b) as a relationship wherein the parties involved: 1. Are current or former spouses; 2. Are persons of the opposite sex who live together or have lived together; 3. Are related as parents and children, including others acting as a parent to a minor child (in loco parentis), or as grandparents and grandchildren; 4. Have a child in common; 5. Are current or former household members; 6. Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. A dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship. C. Ex Parte Order - An emergency or temporary court order valid until a hearing may be held to temporarily protect an aggrieved party or a minor child from danger due to acts of domestic violence. D. §50B order - A court order entered after notice and a hearing, for a fixed period of time not to exceed one year, but may be renewed for an additional one-year period. Ex parte or §50B domestic violence protective orders may grant the complainant any of the listed forms of relief, when there are allegations of domestic violence: 1. Direct a party to refrain from certain acts; 2. Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household; 3. Require a party to provide a spouse and his or her children suitable alternate housing; 4. Award temporary custody of minor children and establish temporary visitation rights; (NOTE: These orders are generally not enforced by law enforcement as, officers should never remove a child from the custody of one parent and give the child to the other parent unless the child is in imminent danger or the parent is likely to leave the state. Custody disputes should not be resolved by officers but in civil court.) 5. Order the eviction of a party from the residence or household and assistance to the victim in returning to it; 6. Order either party to make payments for the support of a minor child as required by law; Charlotte-Mecklenburg Police Department 600-005 Domestic Violence Interactive Directives Guide Effective Date 08/18/2012 IV. 3 of 10 7. Order either party to make payments for the support of a spouse as required by law; 8. Provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household; 9. Order a party to refrain from any or all of the following: a. Threatening, abusing, or following the other party; b. Harassing the other party, including by telephone, visiting the home or workplace, or other means; c. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household; or, d. Otherwise interfering with the other party; 10. Award attorney’s fees to either party; 11. Prohibit a party from purchasing a firearm for a time fixed in the order; 12. Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Domestic Violence Commission; and, 13. Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child. PROCEDURE A. Initial Response 1. Any reports of domestic violence will be thoroughly investigated and documented. Officers should enforce the laws and provide assistance regardless of the victim’s willingness to prosecute. 2. Initial investigations should include the following when possible: a. Documentation of any excited utterances made by the involved parties; b. Signed statements of victims, suspects, and witnesses (including children); c. Evidence collected to include the following: 1) Photographs of injuries, damaged property, weapons used, and condition of the crime scene. This may include follow-up pictures of injuries; 2) Audio or video recordings (may include DMVR recordings, 911 call, or recorded messages) or text messages; Charlotte-Mecklenburg Police Department Interactive Directives Guide Domestic Violence Effective Date 08/18/2012 3. B. 600-005 4 of 10 3) Photographs used to identify suspects not present at the scene; and, 4) Confiscated items for court (weapons or notes); d. Information on any children present during assaults. If there is cause to believe that any children present may be abused, neglected or dependent, officers have a statutory duty to notify the Mecklenburg County Department of Social Services; e. Use the Lethality Assessment Screening guide (“the Guide”) to gather pertinent information that may assist in determining the potential lethality of the suspect’s behavior; and, f. If the victim answers any of these questions from the Guide affirmatively, the officer will immediately notify the on-call domestic abuse counselor. If the victim answers these questions negatively, officers should make additional inquiries as directed by the lethality assessment guide. Officers must determine through careful interviews and investigations if any criminal violations have occurred. Injuries, weapons, and other pieces of evidence should not be considered by themselves, but the totality of the scene should be used to determine who the predominant aggressor is and what the appropriate offense is. Self-defense is not a crime. Officer’s authority to arrest 1. Officers are granted the authority to arrest under N.C.G.S. 15A-401. a. b. Arrest by officer pursuant to a warrant. 1) Warrant in possession of officer. An officer having a warrant for arrest in their possession may arrest the person named or described therein at any time and at any place within the officer’s territorial jurisdiction. 2) Warrant not in possession of officer. An officer, who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in their possession, may arrest the person named therein at any time. The officer must inform the person arrested that the warrant has been issued and serve the warrant upon him as soon as possible. This applies even though the arrest process has been returned to the clerk under G.S. 15A-301. Arrest by officer without a warrant. 1) Offense in presence of officer. An officer may arrest any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-005 Domestic Violence Effective Date 08/18/2012 5 of 10 under G.S. 15A‑534 or G.S. 15A‑534.1(a)(2), in the officer's presence. 2) c. Offense out of presence of officer. An officer may arrest any person who the officer has probable cause to believe: a) Has committed a felony; or, b) Has committed a misdemeanor, and: (1) Will not be arrested; or, apprehended unless immediately (2) May cause physical injury to himself or others, or damage to property unless immediately arrested; or, c) Has committed a misdemeanor under G.S. 14‑72.1 (Concealment of merchandise in mercantile establishments), 14‑134.3 (Domestic criminal trespass), 20‑138.1(Impaired driving), or 20‑138.2 (Impaired driving in commercial vehicle); or, d) Has committed a misdemeanor under G.S. 14‑33(a) (Simple assault, simple assault & battery, simple affray), 14‑33(c)(1) (Assault inflicting serious injury, assault with a deadly weapon), 14‑33(c)(2) (Assault on a female), or 14‑34 (Assault by pointing gun) when the offense was committed by a person with whom the alleged victim has a personal relationship as defined in G.S. 50B‑1; or, e) Has committed a misdemeanor under G.S. 50B‑4.1(a) (Violation of valid protective order); or, f) Has violated a pretrial release order entered under G.S. 15A‑534 or G.S. 15A‑534.1(a)(2). Mandatory arrest provision: A law enforcement officer shall arrest and take a person into custody, with or without a warrant, if the officer has probable cause to believe that the person knowingly violated a valid protective order (ex parte order or §50B order) that: 1) Excludes the person from the residence or household occupied by the victim; 2) Directs the person to refrain from threatening, abusing, or following the victim; 3) Directs the person to refrain from harassing the other party, by telephone, visiting the home or workplace, or other means; Charlotte-Mecklenburg Police Department Interactive Directives Guide Domestic Violence Effective Date 08/18/2012 C. 600-005 6 of 10 4) Directs the person to refrain from cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household; or, 5) Directs the person to refrain from otherwise interfering with the other party. 2. Through thorough investigations, officers should determine the predominant aggressor and arrest accordingly. Dual arrests are discouraged. If the situation requires a dual arrest, supervisors shall be notified and documentation shall be recorded in the report. 3. If an officer does not arrest the suspect at the scene of a domestic violence call when probable cause exists to arrest and the suspect is present, the officer is required to obtain supervisory approval for this action and is required to complete a supplemental report to the offense report. The supplemental report shall detail the circumstances which caused the officer to believe that an immediate on-scene arrest was not appropriate. This documentation must be completed either during the initial response or before the end of the officer’s tour of duty. 4. When the suspect has left the scene and the officer has probable cause to make a warrantless arrest, the officer shall either: a. Transport the victim to the Magistrate’s office to request an arrest warrant; b. Provide the victim the information necessary to obtain a warrant at a subsequent time; or, c. Personally request a warrant from the Magistrate as soon as practical, when the victim has injuries, child care issues, or specific circumstances that would create a hardship for the victim to travel to the Magistrate’s Office. Domestic Violence Protective Orders (Ex parte order or §50B order) 1. 2. Before any enforcement action is taken based solely on a domestic violence protective order, an officer must confirm, through the appropriate authorities, that the following stipulations exist: a. The order is valid and signed by a judicial official; b. The order is currently active; and, c. The order has been served on the defendant. State issued orders can be searched by name through the Department of Criminal Information (DCI). Nationwide searches can be accomplished through the National Criminal Information Center (NCIC). Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-005 Domestic Violence Effective Date 08/18/2012 7 of 10 3. If a protective order has been found either in DCI or NCIC, officers should contact their dispatcher to determine the exact provisions of the order by contacting the issuing agency. 4. Orders must be carefully reviewed to determine the exact provisions set forth in each order to determine if the order has been violated. Some orders allow the defendants to have contact with the plaintiffs. 5. An officer must make a mandatory arrest of a suspect pursuant to Section IV.B.1.c., regardless of the present relationship or circumstances between the victim and the suspect. Even if the suspect has moved back into the residence named on the court order, or the victim has invited the suspect to his/her residence, the officer must arrest once the active order is confirmed. 6. Only a subsequent court order amending or dismissing the previous court order can nullify the enforcement of that order. 7. If there is no record of the order being served on the defendant and the order does appear to be valid, an officer should contact the issuing agency in order to have an authorized officer respond and serve the order. a. Defendants can be detained for a reasonable amount of time if an officer is confirmed to be en-route to serve the protective order. In Mecklenburg County, the Mecklenburg County Sheriff’s Office should be contacted. b. If an officer is not confirmed to be en-route with the order to be served; 1) Officers should notify the defendant of the order and its conditions; and, 2) Document the verbal notification to the defendant on any appropriate report taken. 8. Domestic violence protective orders initiated outside of Mecklenburg County, will be respected and enforced in the same manner as local orders. Plaintiffs are not required to register court orders from other jurisdictions, but may do so by contacting the Mecklenburg County Sheriff’s Office. 9. An officer shall immediately proceed to the magistrates office and attempt to obtain a warrant on a suspect for violating a valid domestic violence protective order or transport/accompany the victim to the magistrates office, if a suspect is not present when officers are at the scene and officers have probable cause to believe the suspect knowingly violated any of the conditions of a valid protective order listed in Section IV.B.1.c. 10. Officers will consult with their supervisor when they have probable cause to believe a suspect has violated other conditions of a valid protective order. Charlotte-Mecklenburg Police Department Interactive Directives Guide Domestic Violence Effective Date 08/18/2012 D. 600-005 8 of 10 Prosecution Due to threats and intimidation often used by suspects to discourage victims from cooperating with prosecution efforts, evidence based prosecution should be the goal of every investigation. E. 1. Officers should be prepared to present an accurate account of their investigation in court, and; 2. All evidence should be available to the court presiding over the case. 3. All procedures should be followed in accordance to CMPD directives 300-002 Court Attendance and 900-013 District Attorney’s Papering Process. Victim Assistance 1. Officers are required to respond to requests for assistance by victims of domestic violence pursuant to N.C.G.S. 50B-5 as soon as practicable. N.C.G.S. 50B-5 provides that officers may take whatever steps are reasonably necessary to protect the victim from harm including: a. Where feasible, transport the victim to appropriate facilities such as hospitals, magistrates’ offices or public or private facilities for shelter. b. Request medical response (MEDIC) for injured victims or those who request medical assistance. c. Advise the victim of the availability of shelter, medical care, counseling and other services. d. Officers may accompany the victim to his or her residence, within the jurisdiction, so that the victim may remove food, clothing, medication and other such personal property as is reasonably necessary to enable the victim and any other minor child in his/her care to remain elsewhere until further proceedings. e. In providing emergency assistance, no officer may be held criminally or civilly liable on account of reasonable measures taken under G.S.50B5(a). 2. Victims of domestic violence shall be advised about the availability of a protective order and the procedure for filing a motion without a lawyer, or as an indigent. If a victim cannot obtain transportation to file for a protective order, officers shall assist by providing transportation. 3. Officers shall provide victims with Domestic Violence Information Sheet per N.C.G.S. 15A-831(a)(7). (Victims’ safety plans are incorporated in the Domestic Violence Information Sheet). 4. Officers will complete all domestic violence related incident reports in a timely manner, in order to make the report available for their supervisor’s approval. Charlotte-Mecklenburg Police Department Domestic Violence Interactive Directives Guide Effective Date 08/18/2012 F. V. 600-005 9 of 10 The Domestic Violence Unit 1. The Charlotte-Mecklenburg Police Department’s Domestic Violence Unit is one of three units that comprise the Special Victims Division. The unit consists of a Sergeant, an Office Assistant, Detectives and Crisis Intervention Victim Liaison. 2. The Domestic Violence Sergeant will assign cases to the Domestic Violence Detectives and Counselors that are complex in nature such as the listed crimes; a. Serious assaults requiring long term medical treatment; b. Domestic Violence Rapes (secondary assignment); c. DV Kidnappings; d. Stalking; e. Repeat Violations of Restraining Orders; f. Any CMPD employee; and, g. Any sworn law enforcement officer from any agency that occurs within our jurisdiction. (Non-sworn at the direction of the Chief of Police or his designee). 3. Victim Liaisons are available to provide crisis intervention to victims. They are available to assist with cases where victims need crisis counseling to move forward in the Criminal Justice System. They can either be referred cases through e-mail or by contacting the Domestic Violence Unit. In emergency situations, they can be contacted by cell phone. 4. Domestic Violence Detectives are assigned cases by their supervisor. They are also available to assist at complex domestic violence crime scenes and can be contacted by police radio. In emergency situations they can be contacted by cell phone. 5. Complex cases should be automatically, electronically routed to the Domestic Violence Unit, but should also be personally referred by the officers and/or sergeants. REFERENCES 200-001 Discipline, Internal Investigations and Employee Rights. 200-003 Internal Domestic Violence Policy 300-002 Court Attendance 300-023 Employee Assistance Program 600-007 Victim and Witness Assistance 900-013 District Attorney’s Papering Process N.C.G.S. §14-27.2 N.C.G.S. §14-27.7 Charlotte-Mecklenburg Police Department 600-005 Domestic Violence Interactive Directives Guide Effective Date 08/18/2012 N.C.G.S. §15A-401 N.C.G.S. §15A-301 N.C.G.S. §14-72.1, N.C.G.S. §14-134.3, N.C.G.S. §20-138.1, or N.C.G.S. § 20-138.2 N.C. G.S. 14-33(a), N.C.G.S. §14-33(c) (1), N.C.G.S. §14-33(c) (2), or 14-34 N.C.G.S. §15A-534.1(a) (2) NCGS 15A-831 (a) (7) N.C.G.S. §50B-4.1(a) Preliminary Investigative Guide 10 of 10 Charlotte-Mecklenburg Police Department Interactive Directives Guide Bomb Threats and Explosive Devices Effective Date 01/05/2010 I. 600-006 1 of 4 PURPOSE This directive establishes guidelines for responding to bomb threats and incidents involving suspected explosive devices, and post blast scenes. II. POLICY In the event of a bomb threat, the primary responsibility of CMPD is to ensure the safety of persons and the security of the affected area. Any movement or investigation of suspect devices should be left to the Bomb Squad’s authorized explosives ordnance disposal personnel. The decision to evacuate or search the location of a bomb threat or suspicious package will normally be left to the authority in charge of the property. CMPD employees will not actively participate in search operations unless required to do so. III. BOMB THREAT PROCEDURES A. Officers responding to a bomb threat will take the following steps: 1. Ensure the Charlotte Fire Department (CFD) and MEDIC personnel are dispatched to the scene to stand by at a safe location. 2. Ensure all communication regarding bomb threats or suspected bombs be conducted by landline telephone or 150 feet outside the threatened area. 3. Establish an incident command post in a safe location outside the threatened area (no less than 300 feet and under cover). 4. Ensure that the authority in charge of the threatened location has activated their bomb threat plan and that the search of the location begins. Officers will provide advice to the authority in charge of the property as needed regarding the ongoing search. a. If a search has not been started suggest that this be done immediately. b. If a search has been started but not yet completed, provide advice as needed regarding the ongoing search. c. Officers should advise the authority in charge of the property that conducting the search is not the responsibility of the CMPD and that officers will not actively participate in the search operations, unless required to do so based on the circumstances. d. Any search operations to be conducted on structures should start with all common areas and the exterior of the structure, and then proceed toward the interior. Charlotte-Mecklenburg Police Department Bomb Threats and Explosive Devices Interactive Directives Guide Effective Date 01/05/2010 e. 5. 6. 7. B. 600-006 2 of 4 The CMPD bomb canine is available to conduct limited bomb searches. If circumstances warrant, the authority in charge of the property will be informed of the necessity of evacuating personnel from the property to a safe location. a. If the decision is made to evacuate the property, all persons inside or on the property will be instructed to take all personal items with them (i.e. car keys, purses, bags etc). b. Evacuation is a voluntary act of the authority in charge of the property. Once an item believed to be a bomb has been found: a. CMPD will assume control of the scene. b. Search operations will stop and the structure will be evacuated. c. The bomb squad will be called immediately. In situations where the threat is vehicle specific, officers will not search vehicles. The bomb squad will be called to the scene to handle vehicle specific threats. Documentation of the incident will include the completion of an incident report and a written statement taken from the person receiving a telephone bomb threat call. This written statement must include: 1. The time the call was received 2. The phone number on which the call was received 3. Notation as to whether or not the person receiving the call dialed "* 57" after hanging up with the bomb threat caller 4. The name and telephone number of the last (or any other) call received immediately before the bomb threat call 5. The name and telephone number of the first (or any other) call received immediately after the bomb threat call NOTE: *57 is a feature provided as a means for customers to immediately initiate a trace for harassing or threatening calls (i.e. Bomb Threats). Charlotte-Mecklenburg Police Department Bomb Threats and Explosive Devices Interactive Directives Guide Effective Date 01/05/2010 IV. 600-006 3 of 4 HAZARDOUS DEVICES PROCEDURES A. A hazardous device is any device regardless of size that could detonate or ignite; and includes military, commercial, or homemade devices designed for destruction (i.e., hand grenades, dynamite, blasting caps, military/commercial fusing systems or components, large quantities of fireworks or large commercial fireworks, suspected bombs, etc.). 1. 911 operators receiving calls concerning hazardous devices will obtain as much information about the suspected hazardous device as possible. This includes type of container or package, size, the exact location, unusual characteristics (such as wires, ticking, odor, etc.) and information on any received threats. 2. Appropriate field units will be dispatched to the scene along with the field supervisor. Officers will assess the situation and gather further information about the suspected hazardous device from witnesses or complainants. 3. Bomb technicians will be requested to respond to the scene. a. On-duty bomb technicians will be requested by the field supervisor. b. Off-duty bomb technicians will respond when requested by a captain or the Watch Commander. c. The initial responding bomb technician will request additional bomb technicians as needed. d. The Communications Division will maintain an active list of bomb technicians in order for off duty personnel to be immediately contacted. 4. Suspected hazardous devices must not be touched, moved, or physically inspected in any way by anyone other than FBI Hazardous Devices School certified bomb technicians. 5. CFD and MEDIC will be dispatched to respond and stand by near the scene in case of a detonation. 6. Field personnel will evacuate and remove all unauthorized personnel to a minimum distance of 300 feet from the affected area. a. When possible, the evacuation zone should be under cover or some other type of physical protection. The evacuation zone will be increased depending on the size of the package, the availability of cover or physical protection, location and other nearby hazards such as fuel or chemical storage tanks. Charlotte-Mecklenburg Police Department Interactive Directives Guide Bomb Threats and Explosive Devices Effective Date 01/05/2010 b. 7. V. VI. 600-006 4 of 4 Traffic should be diverted around the evacuation zone. Officers will not cause or allow any radio transmission within 150 feet of the suspicious item. This includes, but is not limited to, portable radios, cellular telephone, mobile radio telephone, RADAR, and mobile computer or television transmissions. If possible, establish land line telephone communication. B. Upon arrival, the bomb technician will comply with the incident command structure established on the scene and will be responsible for the elements of the event that involve rendering safe and/or disposing of the hazardous item. The bomb technician will assess the situation and advise the incident commander of any additional safety measures. C. Hazardous devices will not be brought into the Central Headquarters building or any CMPD facility. D. The bomb technician must complete a Property Report on all recovered devices. The form should indicate whether the device will be stored at the Training Academy bunker as evidence or for destruction. E. Bomb technicians will not be requested to respond to locations involved in a bomb threat where no suspicious package or hazardous device has been located, or to assist in searching the location. Bomb technicians will be requested to search locations only if there is probable cause to believe the location has been booby trapped. F. An incident report will be completed by field personnel for all found and recovered hazardous devices, suspicious packages or hoax device calls. POST BLAST INCIDENTS A. Bomb technicians will respond to all post blast scenes in order to search the area for secondary hazardous devices or unexploded ordnance before crime scene processing or other follow-up investigation begins. B. Officers will take all necessary steps to secure and evacuate post blast scenes of all persons until a search has been completed by bomb technicians. C. The Fire Investigation Task Force will be notified on any post blast scene for the collection of evidence and to determine origin and cause of the device. REFERENCES CALEA Charlotte-Mecklenburg Police Department Victim and Witness Assistance Interactive Directives Guide Effective Date 04/29/2011 I. 600-007 1 of 4 PURPOSE This policy establishes services to be rendered or offered to victims and witnesses that require such assistance. II. III. POLICY A. All victims and witnesses will be treated by CMPD employees with compassion, fairness, dignity, and respect. Victims and witnesses will be informed of the types of assistance available from CMPD, other elements of the criminal justice system, and community service agencies. Surviving family members and loved ones of a victim will be considered among victims as well. B. State law requires victim/witness assistance services in the following incidents: 1. Murder and attempted murder 2. Fatal motor vehicle accidents 3. Sexual assaults 4. Serious assaults 5. Robberies 6. Burglaries 7. Domestic violence 8. Other incidents where the victim, witness, or survivor is traumatized and in need of services. PROCEDURE A. Responsibilities During the Preliminary Investigation 1. Upon identifying a victim/witness covered by this directive, the officer conducting the preliminary investigation will provide the victim with the following: a. Medical services, if needed. b. Provide the victim with a copy of the Victims Resource Card (Gold Card). c. Officers will also provide victims with information needed to access the Victims Resource Guide located on the CMPD website. d. Information about the arrestee’s opportunity for pretrial release. Charlotte-Mecklenburg Police Department Victim and Witness Assistance Interactive Directives Guide Effective Date 04/29/2011 B. 600-007 2 of 4 e. The case/complaint number and outline the subsequent steps in processing the case, including what could be expected of the victim/witness. f. The telephone number for CMPD Crime Reporting Unit in order that the victim/witness is able to communicate with an officer to request or provide additional information regarding the case status. If the case is reassigned to an investigative unit, the detective will provide a contact number during the initial communication with the victim/witness. g. Instructions to call 911 if threatened by the suspect or the suspect’s companions or family. 2. The initial reporting officer will indicate in the original report that the victim has received this information and will indicate if the victim wishes to receive further notices from CMPD. If the victim elects to receive further notices, the victim will be responsible for notifying CMPD of any changes in the victim’s name, address, and telephone number. 3. Supervisors will monitor preliminary investigations to ensure officers are complying with victim/witness procedures. Responsibilities After the Initial Investigation 1. After the arrest of a person believed to have committed a crime covered by this directive, the following measures should be taken: a. The officer/detective making the arrest will document the event in a KBCOPS Incident Supplement using the original complaint number within seventy-two (72) hours of the arrest. b. The officer/detective assigned the case will make notification of the arrest to the victim within seventy-two (72) hours of the arrest. c. The officer/detective assigned the case will ensure that within fourteen (14) days there shall be a notification to the District Attorney’s Office that an arrest has been made in the case. 2. Within seventy-two (72) hours after receiving notification that the accused has been arrested of a felony offense, the officer/detective assigned the case will forward to the District Attorney’s Office, post-arrest case papering as required by CMPD policy. 3. CMPD will provide appropriate assistance in the event that any victim or witness is threatened or feels threatened. The appropriate assistance will be determined based on the circumstances and will range from offering words of encouragement, to arranging for protective custody, to seeking a warrant to rearresting the offender. If CMPD becomes aware of danger to a victim/witness, CMPD will promptly attempt to alert the victim/witness. When the victim/witness is located in another jurisdiction, CMPD will contact the Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-007 Victim and Witness Assistance Effective Date 04/29/2011 3 of 4 appropriate agency to inform them of the situation and request that reasonable precautions be taken. 4. The officer/detective assigned the case will: 5. C. a. Attempt a second contact within two weeks of the initial contact in rape and other serious offenses involving significant trauma to ensure the victim’s/witness’s needs are being met. b. Explain the procedures involved in the prosecution of the case to the victim/witness and the victim/witness role in the proceedings. The officer will also assist the victim/witness during court proceedings as the need arises. c. Make every effort to schedule lineups, interviews, and other required appearances at the convenience of the victim/witness. If necessary, the officer will also provide transportation for the victim/witness. d. Provide secure waiting areas during pre-arrest, arrest, and post-arrest procedures, and ensure that the victim/witness does not come into close proximity with suspects or associates unless necessary for the investigation. e. Honor victim/witness requests for the presence of a victim advocate during lineups or similar proceedings and assist the victim/witness in locating and advocate. f. Instruct the victim/witness to call 911 if threatened by the suspect or the suspect’s companions or family or contact the follow-up investigator if being harassed. g. Return property belonging to the victim/witness as promptly as possible when it is no longer needed for evidence. h. Notify the victim when an arrest has been made involving an assigned case. The officer will also provide the charges and defendant’s current custody status, when known. Instruct the victim to call the Sheriff’s Office to check on the defendant’s ongoing custody status. i. Request assistance, as needed, from the Victim Assistance Coordinator to assist the victim/witness during the follow-up investigation. j. Maintain the confidentiality of the victim/witness to the fullest extent possible. Supervisors will monitor case investigations to ensure victim/witness procedures are being completed. Notification of Next of Kin Charlotte-Mecklenburg Police Department Victim and Witness Assistance Interactive Directives Guide Effective Date 04/29/2011 1. 2. D. IV. 600-007 4 of 4 When it becomes necessary to notify next-of-kin of persons deceased, seriously injured, or seriously ill, officers will follow do the following: a. Whenever possible, allow hospital medical personnel to make the notification. If the hospital is unable to do so, the highest ranking officer or designee will make the notification. b. The same procedures will be used when an outside agency requests a notification be made. CMPD personnel notifying next-of-kin will do so in person whenever practical. Telephone notification will only be done as a last resort. Coordination of Victim/Witness Assistance 1. CMPD’s victim/witness assistance efforts will be the shared responsibility of all members of CMPD 2. Referral information will be available twenty-four (24) hours a day from CMPD’s website. 3. Both sworn and non-sworn personnel will be trained on victim/witness rights, the responsibilities of law enforcement agencies, and the types of assistance available. This training will take place during recruit training, in-service training and new employee orientation. 4. CMPD will maintain liaisons with other criminal justice agencies, governmental and non-governmental agencies, and organizations concerned with the needs and rights of victims/witnesses. REFERENCES N.C.G.S. 15A-831 Crime Victims’ Rights Act CALEA Charlotte-Mecklenburg Police Department False Alarms Interactive Directives Guide Effective Date 11/28/2008 I. 600-008 1 of 4 PURPOSE Unnecessary calls for police service due to false alarms causes significant problems. The resources the CMPD expends responding to false alarm calls places a heavy burden on the CMPD. In response to the problem, an ordinance has been designed to reduce false alarms by encouraging alarm users and alarm companies to help solve the problem of chronic false alarms. II. III. DEFINITIONS A. Alarm Permit: A permit issued by the CMPD allowing the operation of an alarm system. Failure to register an alarm will subject the user to a $100.00 fine. B. Alarm System: Equipment designed to signal an illegal entry, or other activity to which the CMPD is requested to respond. This does not include vehicle alarms, fire alarms, medical or other alarms designed to elicit a medical response. C. Alarm Signal: An audible or visual signal generated by an alarm system to which the CMPD is requested to respond. An audible alarm (siren, etc.) must have a fifteen minute shutoff installed. D. Alarm User: Any person, company, or other entity whose premises are protected by an alarm system. E. False Alarm: An alarm which results in no unauthorized entry, robbery, or where no other such crime was committed or attempted at the premises. A power failure is not considered excused unless the power outage lasts longer than the alarm system's battery backup. A false alarm does not include an alarm that activates during unusually violent conditions or an extraordinary event. F. Permit Year: A twelve month period beginning on the date of the permit's issuance. PROCEDURE A. Responding Officer 1. When responding to an alarm, officers will inspect the premises and determine if police response was necessary. If the premises cannot be checked due to fences, dogs, etc., officers will request that the telecommunicator notify a contact person that will allow the officers to properly check the premises. If no contact person is available to respond to the premises, the responding officer will record the alarm as false in the Miscellaneous Incident (MI) report. Charlotte-Mecklenburg Police Department False Alarms Interactive Directives Guide Effective Date 11/28/2008 2. 600-008 2 of 4 After determining the premise is secure and no break-in or attempt has occurred; the responding officer will complete an MI report that will include the following, if known and relevant: a. weather conditions b. old pry/tool marks, or lack of same c. pets that are loose in the premises d. power outages e. loose fitting doors and windows f. unsecured doors and windows g. reason(s) the entire premises could not be checked (fences/dogs) h. user error (people with no code or key to the alarm) i. the permit number provided by the dispatcher j. a description of reasons for determining the alarm to be false 3. If an alarm is determined to be false, the responding officer will attach a false alarm notification sticker to a conspicuous location on the premises. The false alarm notification sticker advises the owner of the premises that the alarm was activated and the premises was checked. For each false alarm call, a false alarm notification sticker will be left at the premises. In many cases, this will be the only way to advise the owner that the alarm was activated while they were away. 4. Alarm calls will be cleared by the following alarm clearance codes: MI False alarm, no additional violations. OO Not a false alarm, Incident Report may or may not be made depending on circumstances. OA Not a false alarm, Incident Report may or may not be made depending on circumstances and alarm was audible for more than 15 minutes continuously in the officer's presence. CN Call was canceled prior to arrival. Charlotte-Mecklenburg Police Department False Alarms Interactive Directives Guide Effective Date 11/28/2008 UL 5. B. 600-008 3 of 4 Unable to locate the address. Officers responding to audible alarm calls will confirm the actual address of the audible alarm and clear the call making the correct changes, if any, to the CAD system. Supervisors Supervisors are authorized to cancel police response to multiple alarm calls to the same premises during a shift by the following procedure: C. D. 1. Notify communications of the address. 2. Document the cancellation by sending an email containing the address, date, time, and reasons for no response to: alarms@cmpd.org . Communications Division 1. If the Communications Division determines that an alarm was activated at a site designated "No Response", the person receiving the call will advise the complainant that the premises is in "No Response" and CMPD officers will not respond to the premises. 2. When an alarm company cancels an alarm prior to the officer arriving on the scene of the alarm, the dispatcher will immediately advise the officer to disregard the call and this will not be counted as a false alarm. 3. If a call is received for an audible alarm, the Communications Division will attempt to confirm the address of the alarm and add any descriptive information about the location to the call. 4. Upon receiving a request from a shift supervisor to cancel police response to a location of repeated alarm calls, the dispatcher will cancel the alarm and document the supervisors name and code number. Service Charges 1. Registered alarm users are allowed two false alarm responses at no charge during a permit year. Additional charges will be assessed as follows: False Alarms 1, 2: False Alarms 3, 4, 5: False Alarms 6, 7: False Alarms 8, 9: False Alarms 10+: No Charge for registered alarms $50.00 per response $100.00 per response $250.00 per response $500.00 per response Charlotte-Mecklenburg Police Department False Alarms Interactive Directives Guide Effective Date 11/28/2008 2. IV. 600-008 4 of 4 If all alarm fines are not paid within thirty (30) days of the invoice, the alarm user will be notified in writing that police will not respond to an alarm at their premises until all fines are paid. REFERENCES City Code of Charlotte 15-186 through 15-191 Mecklenburg County False Alarm Ordinance CALEA Charlotte-Mecklenburg Police Department Traffic Enforcement Procedures Interactive Directives Guide Effective Date 04/06/2012 I. 600-009 1 of 11 PURPOSE To establish guidelines for enforcement of motor vehicle laws and ordinances; for operation and maintenance of traffic enforcement equipment. II. POLICY Traffic enforcement should be directed toward curtailing or eliminating traffic related activities that adversely affect the safety, security, health and welfare of the community; and advance the Department's overall objective of earning community confidence and support. In most cases, the only contact a citizen has with police is during a traffic stop. Officers should strive to make each contact educational and leave the violator with the impression that the officer has performed a necessary task in a professional manner. III. PROCEDURE A. When a motor vehicle violation occurs, officers should use discretion as guided by CMPD Policy and State Law to warn, cite, or arrest the violator. B. North Carolina Resident Violators 1. Felonies Officers may make warrantless arrests for felony motor vehicle violations when they have probable cause to believe that the offense occurred and a warrantless arrest is lawful and appropriate. The arresting officer is responsible for papering and presenting the case to the District Attorney’s Office. 2. 3. Misdemeanors a. Assuming probable cause to arrest exists; officers are authorized to make warrantless arrests for any non-waivable misdemeanor. b. For waivable misdemeanor motor vehicle violations, officers will issue citations to traffic violators who are residents of North Carolina. In unusual or aggravated circumstances, a lawful warrantless arrest may be made with the approval of a supervisor. Infractions An officer may issue a citation to any person who the officer has probable cause to believe has committed an infraction. Under no circumstances will an officer arrest a violator for an infraction. C. Follow-up When an officer witnesses a misdemeanor traffic offense or an infraction but cannot take immediate action, the officer may follow-up on the offense within 48 hours of the observed violation. If the officer is unable to follow-up within 48 hours and wants to proceed with enforcement action, the officer must obtain their supervisor’s approval. Charlotte-Mecklenburg Police Department 600-009 Traffic Enforcement Procedures Interactive Directives Guide Effective Date 04/06/2012 2 of 11 In addition, the supervisor must accompany the requesting officer to the location where the enforcement action will occur. D. Non-Resident Violators: 1. Felonies Officers may make warrantless arrests of any non-resident violator for felony motor vehicle violations when they have probable cause to believe that the offense occurred and a warrantless arrest is lawful and appropriate. The arresting officer is responsible for papering the case and presenting it to the District Attorney’s office. 2. Reciprocating States Misdemeanors and Infractions Non-resident violators from reciprocating states may be issued a citation for all traffic misdemeanors and infractions. Non-resident violators should sign the "Acknowledgement/Non-resident, Personal Recognizance for Appearance" section of the citation, but if the violator refuses he/she may be transported to the Magistrate's Office for a bond determination. 3. Non-Reciprocating States (listed on the front of the citation book) a. Misdemeanors Traffic violators who are residents of states which do not have reciprocal agreements with North Carolina can be arrested without a warrant and taken before a Magistrate, as long as the arrest is lawful. b. Infractions If a violator from a non-reciprocating state is charged with an infraction, the violator can be required to accompany the officer to a magistrate for the purpose of setting a bond. If the magistrate finds that the violator is unable to post a secured bond, State law requires the magistrate to release the violator upon the execution of an unsecured bond. IV. NORTH CAROLINA UNIFORM CITATIONS A. B. The Property Control and Evidence Management Division will be responsible for storing and issuing citation books. 1. Citation books will be issued when the requesting officer properly completes the applicable section of Form E-4, Citation Book Check-Out List. 2. Completed citation books and voided citations will be maintained by the officer for a period of two (2) years. Issuing Uniform Citations Charlotte-Mecklenburg Police Department Interactive Directives Guide Traffic Enforcement Procedures Effective Date 04/06/2012 C. 600-009 3 of 11 1. Citations will be issued in numerical order without skipping citations. 2. Non-Arrest Situations: When a defendant is charged with two offenses arising from one incident, only one citation is to be used. If more than two (2) offenses are to be charged arising from the same incident, two (2) offenses will be placed on one (1) citation and the remainder of the charges on additional citations with no more than two charges per citation. 3. Arrest Situations: No more than one charge will be recorded on a citation when the defendant has been arrested. 4. Prior to the completion of their tour of duty, officers will submit any citations to their immediate supervisor. If an arrest is made in conjunction with the citation, the white citation will be submitted to the magistrate at the Intake Center at the time of the arrest. 5. In non-arrest situations white citations are submitted to the Court Liaison office by interoffice envelope. The yellow copy of the citation will be submitted to the Records Division for entry into the database. Supervisors will ensure that citations are submitted by the end of their tour of duty. 6. Officers will provide all violators with the informational sheet provided by the Administrative Office of the Courts. Prior to taking enforcement action for no operator's license, officers will make a license inquiry through the Department of Motor Vehicles. 1. If, for some reason, the officer cannot determine whether or not the operator has a valid license, the subject will be issued a warning ticket or citation. 2. If the officer determines that the operator does not have a valid license, the person will be issued a warning, citation, or be arrested. If a violator is to be arrested for only the charge of No Operators License the charging officer must first get approval from their supervisor. The violator will not be allowed to continue operating the vehicle if: a. The officer believes continued operation would jeopardize anyone or, b. The officer believes that the operator was never issued a license or that the operator's license is revoked or suspended. D. Officers wearing civilian clothes will not take traffic enforcement action unless loss of human life, serious bodily injury, or irreparable loss of property is probable. Officers taking enforcement action under these circumstances will properly identify themselves. When immediate enforcement action is not necessary, the officer may take a position of surveillance and summon the assistance of an on-duty officer by radio or telephone. E. Voiding Citations 1. Only citations that have not been delivered to the defendant may be voided. Charlotte-Mecklenburg Police Department Interactive Directives Guide Traffic Enforcement Procedures Effective Date 04/06/2012 V. 600-009 4 of 11 2. As soon as practical after voiding a citation, officers will notify their immediate supervisor to explain the void. Officers may issue another citation in place of the voided one before they contact their supervisor. 3. After voiding a citation, the officer will write a memo explaining the reason for the void and submit it along with the top four (4) copies of the citation to his/her immediate supervisor. The word "VOID" will be printed on all copies of the citation in an obvious manner. 4. The voided citation and memo will be reviewed by the officer's immediate Chain of Command. Supervisors will indicate their disposition of concurrence or otherwise on the memo. 5. The officer will retain the citation book and all other copies of the voided citation for at least two (2) years. DRIVERS UNDER AGE 21 A. B. North Carolina General Statute 20-138.3 makes it unlawful for a person under the age of (21) twenty-one to operate a motor vehicle on a highway, street, or public vehicular area while: 1. Consuming alcohol 2. The licensee has any alcohol remaining in their body. (The odor of alcohol on their breath or positive results of a portable breath test is sufficient evidence to charge this offense.) 3. The licensee has a controlled substance remaining in their blood (unless a prescribed dose of controlled substance). In cases where there is little evidence of the offense beyond the odor of alcohol on the breath, the violator may be transported to the jail for breath testing. 1. If the breath testing instrument indicates alcohol in the blood, the violator will be taken before a Magistrate where the officer will ask that a criminal summons be issued. 2. A driver will not be arrested solely for a violation of G.S. 20-138.3, but may be taken into temporary custody to administer a breath test. If the breath testing instrument reading indicates the subject is legally impaired, a Magistrate's Order should be sought for DWI. 3. If the driver is under 18 years of age, officers will attempt to notify a parent or guardian of the situation. C. In cases where the odor of alcohol plus other significant evidence is present, officers may forego the breath testing instrument test. The driver should be charged on a Uniform Citation and allowed to be driven home by a responsible adult. D. Juvenile drivers can be taken into temporary custody and transported to the jail for breath testing. Charlotte-Mecklenburg Police Department Traffic Enforcement Procedures Interactive Directives Guide Effective Date 04/06/2012 E. 600-009 5 of 11 1. If the breath test indicates alcohol in the body, a juvenile arrest sheet must be completed and the juvenile taken home or released to a responsible adult. 2. If there is sufficient evidence without a breath test, the juvenile should not be transported to the jail for testing. A juvenile arrest sheet will be completed and the juvenile taken home or released to a responsible adult. 3. Although it is lawful to take juveniles to the jail for breath testing, the juveniles WILL NOT be booked into the jail. Civil License Revocation Procedure for 16 and 17-year-old Provisional Licensees (N.C.G.S. § 20-13.3) 1. Applies to 16 or 17-year-old drivers with a limited learner’s permit, a limited provisional license, or a full provisional license issued by the North Carolina Division of Motor Vehicles. 2. A provisional licensee’s permit or provisional license is subject to revocation pursuant to G.S. 20-13.3 if: 3. a. An officer has reasonable grounds to believe the driver has committed a “criminal moving violation;” b. The driver is charged with that offense; and, c. The driver is not subject to a civil revocation for an implied consent offense pursuant to G.S. 20-16.5 for the same underlying conduct. The following are “criminal moving violations” as defined in G.S. 20-13.3(a)(2) that do not subject the driver to a civil revocation pursuant to G.S. 20-16.5: a. 20-137.4: Operating a school bus while using a mobile phone; b. 20-137.4A: Operating a school bus while using a mobile phone to text or access electronic email; c. 20-140: Reckless driving; d. 20-141(j1): Speeding more than 15 mph over limit or over 80 mph; e. 20-141(j3): Speeding in a commercial motor vehicle carrying a load that is subject to the permitting requirements of G.S. 20-119 and (i) driving 15 mph or more over the posted speed, or (ii) driving 15 mph or more over the permit speed; f. 20-141.3: Operating a motor vehicle willfully in a prearranged speed competition, or operating a motor vehicle willfully in speed competition, or allowing one’s vehicle to be operated in a prearranged speed competition, or wagering on a prearranged speed competition; g. 20-141.5: Speeding to elude arrest; Charlotte-Mecklenburg Police Department Interactive Directives Guide Traffic Enforcement Procedures Effective Date 04/06/2012 VI. VII. 600-009 6 of 11 h. 20-141.6: Aggressive driving; i. 20-149(b): Improper operation by an overtaken driver causing a collision resulting in serious bodily injury, bodily injury, or property damage; j. 20-157(a), (h), (i): Failing to move over for law enforcement or emergency vehicle giving warning signal, or violating G.S. 20-157 and causing damage to property or injury, or violating G.S. 20-157 and causing serious injury or death; k. 20-166(a), (a1), (b), (c), (c1): Failing to stop and remain after a crash resulting in serious bodily injury or death, or failing to stop and remain after a crash resulting in injury, or failing to provide information or render assistance following a crash, or failing to stop and remain after a crash resulting in damage to property or non-apparent injury; l. G.S. 20-166.1: Failing to notify law enforcement or other owner following crash, or failing to provide proof of insurance to DMV upon request; m. G.S. 20-166.2: Failing, when a passenger in a vehicle involved in a crash, to remain at the scene, or provide information, or render assistance; n. G.S. 20-167.1: Transporting spent nuclear fuel without notifying NCSHP in advance. 4. If a provisional licensee’s permit or provisional license is subject to revocation pursuant to G.S. 20-13.3, then officers must complete a revocation report (see AOC-CVR-12 form – “Affidavit and Revocation Report of Law Enforcement Officer for Provisional License Revocation”), and must take the provisional licensee before a judicial official for an initial appearance. 5. Officers must ensure the revocation report is expeditiously filed with a judicial official, and must file the revocation report with the judicial official conducting the initial appearance on the underlying criminal moving violation. VOLUNTARY DISMISSALS BY THE DISTRICT ATTORNEY (NOL PROS) A. Officers will not interfere with the due process of court, however, they may request a dismissal of charges that they initiated by sending a request in writing to the District Attorney via their chain of command, with the final decision made by their captain. B. Officers will not participate in determining whether a case should be tried, charges reduced, or charges dismissed unless requested to do so by a judicial officer or prosecutor. CRASH INVESTIGATION AND CRASH REPORTS A. Officers will investigate and complete a Traffic Crash Report, DMV 349, for all reported motor vehicle crashes (whether on public or private property), that are within the jurisdiction of CMPD that: 1. Involve a fatality; Charlotte-Mecklenburg Police Department Interactive Directives Guide Traffic Enforcement Procedures Effective Date 04/06/2012 B. C. VIII. 600-009 7 of 11 2. Personal injury; 3. Hit and run; 4. Total property damage of $1,000.00 or more; 5. The crash resulted in property damage of any amount to a vehicle that has been seized; 6. If requested by one of the parties involved; 7. Any crash involving a city owned vehicle and non city owned property regardless of the damage amount. (Crashes involving police vehicles are covered in Directive 600-002). When investigating a traffic crash, an officer may issue a citation if one of the following occurs: 1. The crash was caused by clear violation(s) of motor vehicle laws which were personally observed by the officer, or 2. Other evidence, including an independent witness(s) indicates probable cause to believe that a violation occurred. Officers will include any witness information on the back of the citation. Except when investigating DWI related serious personal injury traffic crashes where evidence warrants a charge of DWI, officers should not cite a driver until it is clear the injured person(s) will survive. All misdemeanor and felony death by motor vehicle cases will be papered and presented to the District Attorney within fourteen (14) days after the arrest per directive 900-013. E-CITATION WARNING CITATION GUIDELINES A. Officers may issue warning citations for violations that do not, in the officer's discretion, warrant the issuance of a Uniform Citation. B. Equipment violations may be cited on a warning citation unless aggravating circumstances exist. C. Officers are encouraged to follow up on warning citations they have issued for Section II (failing to carry license or registration) or Section III (defective safety equipment) violations whenever practical. Follow-ups will occur after a ten (10) day waiting period to allow time for the motorist to correct the problem and return the warning citation through the mail. 1. When a follow-up investigation reveals the motorist has not corrected the deficiency, officers may issue the motorist a Uniform Citation. 2. If the motorist refuses to accept a Uniform Citation, officers will seek a criminal summons at the Magistrate's Office. Charlotte-Mecklenburg Police Department Interactive Directives Guide Traffic Enforcement Procedures Effective Date 04/06/2012 IX. X. 600-009 8 of 11 D. Officers following up on a warning citation for defective tires must wait twenty (20) days before initiating the follow-up. E. Voiding E-Citations 1. Only citations that have not been delivered to the defendant or transmitted to the NC Administrative Office of the Courts may be voided. 2. Void e-citation electronically through the e-citation software. 3. As soon as practical after deciding to void a citation, officers will notify their immediate supervisor to explain the void. Officers may issue another citation in place of the voided one before they contact their supervisor. 4. After voiding a citation, the officer will write a memo explaining the reason for the void and submit it along with a copy of the e-citation to their immediate supervisor. The word "VOID" will be printed on the citation in an obvious manner. 5. The voided citation and memo will be reviewed by the officer's immediate Chain of Command. Supervisors will indicate their disposition of concurrence or otherwise on the memo. 6. The officer will retain the voided citation for at least two (2) years. RADAR, TIME / DISTANCE, AND LIDAR PROCEDURES A. Each RADAR unit will contain a RADAR set, tuning fork(s), and certification information. Each Time / Distance unit will contain a certification and a stopwatch. Each LIDAR unit will contain a certification. Officers using RADAR, Time / Distance or LIDAR units are responsible for all of the components of that unit. RADAR, Time / Distance or LIDAR units will not be issued or operated if any component of the unit is missing or if the RADAR, Time / Distance or LIDAR unit has not been certified within the past twelve (12) months. B. RADAR, Time / Distance or LIDAR units may only be used for enforcement action by certified operators. RADAR, Time / Distance or LIDAR units may be used for training purposes by a representative of the Training Academy or by individuals practicing so they can become certified operators. C. Certified operators will ensure that needed repairs or re-certifications of the RADAR, Time / Distance or LIDAR units are completed. PORTABLE BREATH TESTER (PBT) The Portable Breath Tester (PBT) is a pocket-sized, handheld breath alcohol content (BrAC) testing device. A. The PBT is designed to give an accurate BrAC reading in as few as fifteen minutes after the consumption of alcohol. The PBT may be used as a preliminary testing device in alcohol related cases; however, the readings are admissible only when specifically allowed by N.C. General Statute. Charlotte-Mecklenburg Police Department Traffic Enforcement Procedures Interactive Directives Guide Effective Date 04/06/2012 XI. 600-009 9 of 11 B. PBT’s will be stored at division offices and a PBT certified officer will ensure that the units are properly maintained. C. The PBT must be calibrated at least once every thirty days at an approved calibration site. An accurate calibration log must be maintained so that its authenticity can be testified to in court. D. The PBT mouthpieces must be replaced after each use. The divisions are responsible for the purchase and supply of mouthpieces. CHECKING STATIONS A. A checking station is a preplanned systematic stopping of vehicles to check motorists for compliance with license requirements and other motor vehicle laws including driving while impaired. The Major Crash Investigations Unit (MCIU) should be contacted before a checking station for impaired driving is conducted. B. Checking stations are classified as Daytime Safety Checking stations and Nighttime Traffic Safety Checking stations. Daytime checking stations run from 6am until 9pm and Nighttime checking stations run from 9pm until 6am. C. The placement of checking stations should be random or statistically indicated. Checking stations placed repeatedly in the same location or proximity should be avoided. D. The Fourth Amendment prohibits suspicionless stops of vehicles for a general interest in crime control. E. Checking Station Requirements 1. A sergeant or above must determine if a checking station is warranted. The site for every checking station will be selected with due regard for the safety of motorists and the officers operating the station. Sufficient distance must be provided to allow a motorist traveling at the speed limit to stop his or her vehicle in a normal manner under existing conditions. All checking stations will be conducted with a minimum of three uniformed officers and one marked vehicle. 2. All checking stations will be marked by signs and/or activated emergency lights, marked vehicle(s) parked in conspicuous locations, or other means to assure that motorists are aware that an authorized checking station is being conducted. At least one marked vehicle will operate blue lights at all times. 3. The on-site supervisor shall establish a predetermined pattern of vehicles that will be stopped at the checking stations. The on-site supervisor may allow variances from this requirement if the traffic congestion or other factors are creating a hazard. The on-site supervisor may then authorize all vehicles to pass through the checking station until there is no longer a hazard. 4. Checking stations will be operated so as to avoid unnecessary delay to motorists and traffic congestion. Charlotte-Mecklenburg Police Department Traffic Enforcement Procedures Interactive Directives Guide Effective Date 04/06/2012 XII. 600-009 10 of 11 5. An adequate area of space must be available off the traveled portion of the roadway to allow for the safety of motorists and officers when enforcement action is taken. 6. All officers involved in a checking station will be assigned to this duty and recorded through Communications. Officers must maintain radio contact with Communications. 7. Officers conducting a checking station will wear their traffic vest at all times while operating the checking station. 8. The on-site supervisor will notify the Communications Division when the operation of the checking station has concluded. 9. The on-site supervisor will ensure that all statistics from the checking station are collected and sent to the (MCIU) Sergeant. The MCIU Sergeant will be responsible for entering this data in the Governors Highway Safety Program (GHSP) website for documentation and points submission. SPECIAL OPERATIONS ROADBLOCK In addition to the authority to stop vehicles pursuant to the checking station requirements under 20-16.3A, in limited circumstances, law enforcement may conduct special operations roadblocks. XII. A. Special operations roadblocks permit the stopping of vehicles for the purpose of apprehending a dangerous suspect, protecting the lives of hostages, or gathering relevant information from the public concerning a crime involving death or serious injury. B. Officers are permitted to stop vehicles when they have reasonable suspicion that the occupants are involved in criminal activity without the necessity of a roadblock. C. Special Operations Roadblock Requirements 1. A sergeant or above must determine if a roadblock is necessary to assist in the apprehension of a suspect who poses a danger to life and/or property. The supervisor must be satisfied that less obstructive means would not be appropriate. 2. Officers operating the roadblock will position themselves and their marked patrol vehicles in a manner that will provide a tactical advantage and maximize officer safety. 3. Supervisors should periodically check with officers operating the road block for the purposes of ensuring officer safety and obtaining updated information. 4. All checking stations will be marked by signs and/or activated emergency lights, marked vehicle(s) parked in conspicuous locations, or other means to assure that motorists are aware that an authorized checking station is being conducted. At least one marked vehicle will operate blue lights at all times. REFERENCES Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-009 Traffic Enforcement Procedures Effective Date 04/06/2012 G.S. 20-13.3 G.S. 20-16.3A G.S. 20-16.5 900-013 – District Attorneys Papering Process 600-002 – Vehicle Damage and Review Procedure 900-018 – Juvenile Operations 11 of 11 Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 10/15/2015 I. 600-010 CMPD Parking Regulations Effective Date 10/15/2012 1 of 5 PURPOSE To establish guidelines for the parking of Charlotte-Mecklenburg Police Department (CMPD) vehicles, CMPD employee vehicles, City of Charlotte vehicles, and City of Charlotte employee vehicles to insure the appropriate use of parking facilities that are under CMPD’s control and to insure the availability of parking for all personnel who have received approval to park in these facilities. II. DISCUSSION This policy covers the use of the parking deck located behind the CMPD Headquarters Building, the surface parking lot that is between the CMPD Headquarters Building and the loading dock adjacent to the CMPD Headquarters Building. These parking facilities are intended for use by employees going to/or from work, or engaged in department or city/county business such as court, training, meetings, or administrative matters. Employees should understand that this policy remains in effect twenty (24) hours per day, seven (7) days per week, and compliance with this policy is critical to ensure that there is adequate parking available to all employees at any time of the day. For this reason, vehicles in violation of the policy are subject to citation, and in extreme cases, may be towed. Employees may also have their parking privileges suspended when violations of this policy are repeated and/or flagrant. III. DEFINITIONS A. IV. Parking Deck: The parking deck located behind the CMPD Headquarters Building. 1. Operational Side: Entrance closest to the CMPD Headquarters Building 2. Employee Side: Entrances closest to 5th Street B. Surface Lot: The parking lot located between the CMPD Headquarters Building and the parking deck. C. Loading Dock: The parking area located on the Alexander Street side of the CMPD Headquarters Building. D. Stored Vehicle: An employee owned vehicle that is parked with the intention, either explicit or implied, of not using the vehicle on a routine and/or daily basis. Storage of personal vehicles in the parking deck is prohibited. E. Employee: An employee of the Charlotte-Mecklenburg Police Department or an employee of the City of Charlotte. PROCEDURE A. Deck Access 1. All CMPD personnel assigned to the CMPD Headquarters Building, Court Liaison, District Attorney’s Office, and the Charlotte-Mecklenburg Government Center, who park their personal vehicles, including motorcycles, or individually Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 10/15/2015 600-010 CMPD Parking Regulations Effective Date 10/15/2012 2 of 5 assigned departmental vehicles, must pay the weekly fee to park in the deck. Payment will be made by a weekly payroll deduction. 2. Parking privileges are specific to the employee paying for access. Where City agencies have parking deck access for their department's vehicles, access is only for those City vehicles. Employees will use their parking access card to gain entrance only for the vehicle they are driving. Employees may not transfer possession of their parking access card to any other person or use their card to allow another person access to the parking deck. 3. CMPD employees who operate departmental vehicles will be allowed to enter the operational side of the parking deck with their access card. No employee will park his or her personal vehicle in the operational side of the parking deck, except when attending court. Personal vehicles must be parked in the designated court parking spaces. Designated Command Staff personnel may park their personal vehicles in the Command Staff parking spaces on the operational side of the parking deck. 4. Law enforcement agencies working permanently with CMPD may be issued parking access. Employees of such agencies will pay for deck parking at the same rates and will be subject to the same terms as CMPD and City employees. 5. The CMPD Human Resources Division is responsible for: a. Approving requests for parking access b. Denial/termination of parking access c. Problems with access cards d. Changes in payroll deduction for parking access 6. A replacement access card will not be issued to an employee unless the previously issued card or an identifiable part is turned in. Department employees who lose their access card will report it as lost equipment as outlined in CMPD directive 400-003 Equipment, section VIII. City employees will report a lost card to the Charlotte-Mecklenburg Government Center's Operations Center immediately. 7. CMPD reserves the right to approve temporary parking deck access. Temporary parking deck access will be for individuals conducting department related business. This discretion may extend, but will not be limited to: a. Non-paying CMPD employees assigned to large-scale off-duty or special events. b. CMPD employees involved in emergency call back situations c. Individual visitors Charlotte-Mecklenburg Police Department CMPD Parking Regulations Interactive Directives Guide Review Date 10/15/2015 600-010 Effective Date 10/15/2012 d. Partner agency employees e. Interns f. Contractors g. Volunteers 3 of 5 Note: Anyone utilizing the parking deck under these circumstances will adhere to the same policies as paying employees. B. 8. To facilitate temporary parking deck access for special activities, an intercom system is connected to the security desk. The officer assigned to the security desk must be provided a list of all visitors or the name of the activity with an approximate number of attendees prior to that individual's or group’s visit. 9. Employees who do not have their card must report in person to the security desk in the lobby of the CMPD Headquarters Building. Once parking privileges have been verified, the officer will allow the employee access to the parking deck. Parking Deck 1. The deck is not used exclusively by the CMPD. Other City employees may choose to pay to park in the deck and are subject to the guidelines provided in this directive. 2. CMPD vehicles driven by more than one employee will be parked in a designated parking space of the deck. The CMPD Facility Manager is responsible for maintaining a current list of all space assignments. Requests for changes or new space assignments must be made through an employee's chain of command. The CMPD Facility Manager must be notified of any approved change(s). 3. On-duty personnel operating departmental vehicles may park in the spaces designated as “In-and-Out” parking on the operational side if the vehicle does not have an assigned space elsewhere on the deck. These spaces will be used for short visits to the CMPD Headquarters Building. These spaces are not to be used by employees attending court or scheduled training in the CMPD Headquarters Building. 4. There are several spaces designated on the operational side of the parking deck for those on-duty employees driving departmental vehicles who need to submit lost/found property or evidence to The Property and Evidence Management Division. These spaces are located to the right of the tunnel entrance. 5. Command Staff assigned to the CMPD Headquarters Building will pay to park in the deck and may park in those spaces reserved for Command Staff on the operational side of the deck. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 10/15/2015 C. 600-010 CMPD Parking Regulations Effective Date 10/15/2012 4 of 5 6. Command Staff who are from external facilities are not required to pay for deck parking, but to the extent possible, should park on the operational side of the parking in Command Staff Parking. 7. All other CMPD sworn and non-sworn personnel from external facilities are not required to pay for deck parking. 8. Externally assigned personnel driving departmental vehicles or personal vehicles should park anywhere on the employee side for CMPD business only, with the exception of reserved parking spaces. 9. All department vehicles, including department vans such as those assigned to Police Activities League and SWAT will be parked on the eighth floor level of the deck. 10. All City vehicles parked in the deck will be parked on the employee side of the deck on the highest level available. 11. All drivers must adhere to the following when parking in the deck: a. All vehicles are to be parked only in single, properly marked spaces. Motorcycles will be parked only in those spaces designated for motorcycle parking. b. No employee-owned vehicles may be stored in the deck. 12. Officers attending court will park in the CMPD parking deck in designated parking spaces marked for court attendance. Officers are prohibited from parking marked/unmarked police vehicles next to or near the courthouse for the purpose of attending court. 13. Designated spaces are set aside for compact vehicles. SUVs, trucks or vans of any size are prohibited from parking in the compact slots. Surface Parking Lot 1. This lot will be available for visitors to the CMPD Headquarters Building, press parking, disability parking, visiting law enforcement, and officers with prisoners. All vehicles utilizing this lot must be properly parked within a single marked parking space. 2. Parking in this lot is limited to two hours. Any visitor who needs to park longer will need to obtain one of the following from the officer at the Rotunda: 3. a. A parking permit to park in the visitor lot; or b. Permission to park in the employee side of the parking deck Those spaces marked with “Officer Transport Parking” are for officers transporting prisoners to the CMPD Headquarters Building. Charlotte-Mecklenburg Police Department Interactive Directives Guide Review Date 10/15/2015 D. VI. V. 600-010 CMPD Parking Regulations Effective Date 10/15/2012 5 of 5 4. Visiting law enforcement officers will have spaces reserved and marked for their use on a first-come basis. CMPD employees are prohibited from parking in these spaces. 5. Other than the disability spaces, those for officers with prisoners, and those for visiting law enforcement, no other spaces within this lot are specifically designated. 6. CMPD employees will not park their personal vehicles on the surface lot at any time. Loading Dock 1. The loading dock is for the purpose of shipping/receiving items to/from the CMPD Headquarters Building. There will be no parking in this area. 2. Crime Scene Search will use this area as a location to load their vehicles. Once loading has occurred, these vehicles will be removed to an appropriate parking area. 3. Officers bringing prisoners in through the doorway near the loading dock will move their vehicle as soon as the prisoner is secure. ENFORCEMENT A. Vehicles found in violation of this policy are subject to citation and, in extreme cases, may be towed. B. Employees in violation of this policy may have parking access denied for a period of one (1) year. Any employee who has their access suspended will be able to reapply for access at the end of the one-year time period and may be placed on a waiting list subject to availability of space. CMPD employees will reapply for parking access through the Human Resources Division. City employees will reapply for parking access through the Charlotte-Mecklenburg Government Center's Operations Center. C. CMPD and City of Charlotte supervisors are responsible for ensuring the compliance with parking regulations. Any employee may report a violation of this policy to the officer working at the Rotunda. D. The Facilities Manager may report violations to the violator’s chain of command. REFERENCE 400-003 Equipment Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Police Radio Effective Date 11/06/2003 I. 600-012 1 of 2 POLICY The Charlotte-Mecklenburg Police Department is licensed to broadcast official police communications to mobile units, and will do so while complying with the rules and regulations established by the Federal Communications Commission. II. PROCEDURE A. Each user of the police radio is assigned a separate number or series of numbers that identify those individual users as a specific unit in all radio transmissions. This number or series of numbers is known as the radio user’s “call sign”. B. All radio traffic will be conducted using professional protocol: 1. The call sign for an employee who is off duty will be the employee’s code number with the prefix “P”. All users of the police radio must use their designated call sign or “P” unit number when initiating or responding to all radio transmissions. 2. All communications will be brief and impersonal. First names or nicknames of officers will not be used when engaged in radio transmissions on the primary dispatch talk groups. 3. Communications personnel will initiate calls to field personnel by using the designated call sign of the unit they are contacting. a. When responding to calls initiated by communications personnel, patrol personnel will repeat their designated call sign and give their current location. All other field personnel will repeat their designated call sign to acknowledge the radio transmission. b. When responding to radio transmissions from field personnel, communications personnel will acknowledge the calling unit by repeating the unit’s designated call sign and instructing them to either continue with their radio transmission or to stand-by. 4. Appropriate acknowledgement will be made before proceeding with a radio transmission. Except in emergency situations, if the acknowledgement from communications personnel is to stand by, field personnel should make no further radio transmissions until advised to continue. 5. The police radio and the mobile computers are used for official police communication only. Personal messages and frivolous comments must not be transmitted on the police radio or the mobile computer. C. To avoid confusion with the “10-33” emergency code, no employee will be assigned a call sign ending with the number "33". D. Employees will use telephones or mobile computers for lengthy conversations or information requests when possible. Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Police Radio Effective Date 11/06/2003 III. 600-012 2 of 2 E. Emergency transmission has priority over all other transmissions. F. In non-emergency situations where reasonable access to a telephone exists, employees are encouraged to assist citizens by using telephones for calls or notifications rather than requesting the contacts be made by communications personnel. REFERENCES CALEA Charlotte-Mecklenburg Police Department Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 I. 600-013 1 of 8 PURPOSE To provide officers with information and guidance on towing vehicles, inventory, storage, and releasing impounded vehicles. II. POLICY Charlotte-Mecklenburg Police Department (CMPD) officers must follow established guidelines to tow, inventory, store and release all vehicles. III. PROCEDURES A. Determining When to Tow Officers of the CMPD may authorize the towing of vehicles when one or more of the following conditions exist. 1. When a crash occurs on a public roadway or public vehicular area that renders a vehicle disabled, and the owner or operator is not available or, in the officer's judgment, is not capable of making a rational decision regarding the disposition of the vehicle. 2. When a stolen vehicle is recovered, and the owner or a responsible party is not readily available to take possession. 3. When the operator of the vehicle has been arrested, and in the officer's opinion, the judgment of the operator is impaired to the extent that the operator is unable to make a rational decision as to the disposition of the vehicle. 4. When a disabled vehicle is creating a hazard or obstructing traffic. When possible, officers should attempt to contact the registered owner of the vehicle prior to towing. B. When an officer believes it is necessary to tow a vehicle, in circumstances other than those in section III-A, the officer will notify a supervisor and obtain approval to tow the vehicle. C. If a vehicle is not creating a hazard or obstructing traffic, and the owner/operator of the vehicle is on the scene, he/she should be allowed to decide if the vehicle is to be towed or left at the scene, if the situation affords them this discretion; and when, in the officer's opinion, their judgment is not so impaired as to render them incapable of making such a decision. Should a vehicle owner/operator request the services of a non-division wrecker, response time and existing conditions should be considered. If Charlotte-Mecklenburg Police Department 600-013 Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 2 of 8 non-division wreckers can respond in as timely a fashion as the assigned division wrecker company, the owner/operator’s request should be honored. 1. In all cases where a vehicle is towed at the request of the owner/operator, or left at the scene, the “Owner/Driver Request for Vehicle Disposition” section of the Tow/Storage Report must be completed and signed before leaving the scene. If the owner/operator refuses to sign the form, or officer safety issues preclude this action, the officer will have the vehicle towed. EXCEPTION: If the driver is incapacitated as a result of a motor vehicle crash and requires immediate transport to a medical facility but is capable of giving verbal consent the officer can indicate that verbal consent was given on the disposition section of the Tow/Storage Report and document the circumstances around that consent. D. 2. If the owner/operator is under arrest and decides to turn the vehicle over to another person, the arresting officer must confirm that the person taking control of the vehicle has a valid operator's license and is not under the influence of an impairing substance. Officers must also complete the “Owner/Driver Request for Vehicle Disposition” section of the Tow/Storage Report when the vehicle is turned over to a third party. 3. Officers will turn in the Tow/Storage Report to the Records Division by the end of their tour of duty. Private Premises When an on-duty officer is requested by a citizen to remove a vehicle from private property, the officer will refer to NCGS 20-219.2 concerning the towing of vehicles parked, without authorization, on private property and further explain to the citizen that he or she may have the vehicle towed without the assistance of the police. Officers who are on-duty or employed to perform secondary law enforcement will not request tows of unauthorized vehicles parked on private property. E. Division Wreckers 1. When an officer requires a wrecker to remove a motor vehicle (other than a city-owned vehicle), the officer will request a "division wrecker," unless the owner/operator requests a specific wrecker service. 2. Division wreckers will tow and store vehicles on their company lots. Vehicles to be held as evidence or that contain evidence of a serious crime may be towed to CMPD headquarters with the approval of a supervisor or captain. Once the vehicle is processed, the vehicle will be removed from headquarters. The assigned investigating officer is responsible for making the necessary Charlotte-Mecklenburg Police Department Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 3. 600-013 3 of 8 arrangements for the vehicle's removal. The original wrecker company will remove the vehicle, or the vehicle will be released to the owner. Inventory procedures serve to protect an owner's property while it is in the custody of the police, to ensure against claims of lost, stolen, or vandalized property and to guard the police and public from danger. An officer must complete the Vehicle Inventory section, of the Tow/ Storage Report each time a vehicle is towed at the direction of the CMPD. a. Any officer having a vehicle towed will conduct an inventory of the interior and trunk areas in order to record all property in the vehicle. EXCEPTION: No inventory is required for vehicles towed from tow-away zones during peak traffic hours. The vehicle must be locked. b. F. Locked, sealed or closed containers such as suitcases, packages or boxes will be opened when the contents cannot be determined from an examination of the container's exterior. However, locked or sealed items will not be forcibly opened in order to inventory the contents if doing so will cause damage to the container. The vehicle's trunk and/or glove compartment will not be forcibly opened in order to inventory the contents of these areas. Tow/Storage Report 1. Anytime a CMPD officer requests a wrecker, whether at the owner/operator’s request or at the direction of the officer, the Tow Storage Report must be completed. The white (top) copy should be turned in to the Records Division and the remaining three (3) copies should be given to the wrecker driver. EXCEPTION: If an owner/operator requests a specific wrecker company that is not a division wrecker company the officer will turn in all four copies to the Records Division. 2. G. “Requesting Agency, Hold/Seizure, Owner/Driver information, and Towing Information,” should be completed every time. If the tow is at the direction of CMPD, the inventory must also be completed. If the tow is an owner’s request, the Owner/Driver request for disposition section needs to be completed. "Holding" Vehicles 1. An officer may place a "Hold" on a vehicle only in one of the following situations and with a supervisor's approval. Charlotte-Mecklenburg Police Department 600-013 Towing Vehicles Interactive Directives Guide 4 of 8 Effective Date 09/1/2008 H. a. The vehicle is being held to be searched without a search warrant or pending the execution of a search warrant. b. The vehicle and/or items contained in or on the vehicle are needed for evidence. c. The vehicle has been seized for forfeiture or destruction as specifically provided by law. Listed below are examples of this type of impoundment. 1) N.C.G.S. 90-112 - Concealment, conveyance or transportation of a controlled substance in a motor vehicle. 2) N.C.G.S. 20-141.3(g) - Prearranged speed competition in a motor vehicle. 3) N.C.G.S. 18B-504 - Motor vehicles used to transport non-tax paid alcoholic beverages. 4) N.C.G.S. 14-299 - Motor vehicles exhibited by gamblers in conducting unlawful games or lotteries. 5) N.C.G.S. 14-86.1 - Motor vehicles used to transport stolen property (larceny when the value of goods are more than $2000.00) or used in the commission of a robbery. 6) N.C.G.S. 14-2.3 - Motor vehicles commission of other felonies. acquired through the 2. To place a hold on a vehicle that has been towed an officer must obtain his or her supervisor's approval and complete the Hold Seizure information section for the Tow/Storage Report indicating why the vehicle is to be held. 3. Officers who place a "Hold" on a vehicle must complete a Property Report. The officer should document all available vehicle information (e.g., owner information, VIN, registration number, make, and model). The officer must enter the name of the wrecker company and the tow-in number on the property report. (If a Property Report is not completed and turned in, the vehicle will be released.) Release of Towed Vehicles 1. Each individual division wrecker company is responsible for the storage and release of towed vehicles in their possession. The division wrecker companies Charlotte-Mecklenburg Police Department 600-013 Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 5 of 8 should not release towed vehicles (and items which are in the vehicle) except upon presentation of proof of ownership by the claimant. I. 2. Division wrecker companies will not release any vehicle when the Tow/Storage Report is indicating that the vehicle is to be held until the release has been authorized by the officer who ordered the tow. The officer should complete a Property Release Form to release the vehicle. 3. An officer will advise the owner/operator of any vehicle towed to go directly to the wrecker company to obtain his/her vehicle. If a "Hold" has been placed on the vehicle, then the officer will advise the owner/operator that he/she will be contacted when release of the vehicle has been authorized. An officer placing a hold on a vehicle will conduct a follow-up investigation concerning the status of a vehicle with a "Hold" every fifteen days. When the officer determines the "Hold" is no longer necessary, the vehicle is released, and the officer will complete an Authorization for Property Release Form. The completed form will be submitted to Property and Evidence Management Division. The Property and Evidence Management Division will notify the vehicle owner with instructions for reclaiming the vehicle. Abandoned Vehicles 1. A vehicle suspected of being abandoned will be towed by order of the officer who discovers the vehicle if it is interfering with, or obstructing traffic. The initiating officer will enter "Traffic Hazard" and the related traffic violation on the Tow/Storage Report. DO NOT ENTER “ABANDONMENT." 2. When an officer observes an unattended vehicle inside the city limits of Charlotte that is suspected of being abandoned, but not interfering with or obstructing traffic, the officer will: 3. a. Prepare an Abandoned Vehicle Report form, available from the Property and Evidence Management Division. b. Forward the completed report to the Records Division through the same channels as other reports. The Records Division will forward the completed report to the tow-in officer. c. The City of Charlotte Community Improvement Division will be contacted by the tow-In officer. When an officer observes an unattended vehicle outside the city limits of Charlotte that is suspected of being abandoned, but not interfering with or obstructing traffic, the officer will: Charlotte-Mecklenburg Police Department 600-013 Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 J. 6 of 8 a. Inspect and tag with a notice to remove within twenty-four (24) hours prior to towing any vehicle parked on a State highway right-of-way but not impeding the flow of traffic. This action should be documented as a miscellaneous incident. b. Officers towing a vehicle which has been tagged for a period of at least twenty-four (24) hours will request a division wrecker. The officer ordering the tow is responsible for ensuring the proper notification of registered owners of towed vehicles. Additional Towing Procedures and Responsibilities 1. 2. General Explanation - State law established procedures which a law enforcement officer must follow under certain circumstances when vehicles are towed and further provides for a hearing before magistrate for vehicle owners contesting these tows. N.C.G.S. 219.11 applies to any towing carried out under the direction of a police officer EXCEPT UNDER THE FOLLOWING CIRCUMSTANCES: a. When seizing a vehicle for forfeiture or as evidence. b. When the towing is requested or voluntarily consented to by the person in control of the vehicle (for example, in many wreck situations). Duties of An Officer Ordering a Tow a. The officer will complete the Tow/Storage Report as thoroughly and completely as possible. Officers must enter the color of the vehicle along with the make, VIN and vehicle registration, including state of registration. The information entered on the Tow/Report will be utilized by Records Division personnel in completing the computer generated Notice of Towing and Right to Hearing Form. b. If the vehicle is registered in North Carolina, the officer must, as soon as possible and always within two hours of the towing, attempt to contact the registered owner by telephone. If the number is busy or there is no answer, a subsequent attempt must be made within the 24-hour period. An immediate second call producing the same result (i.e., busy or no answer) will not satisfy this requirement. c. If the vehicle is registered outside North Carolina, a telephone notification as described above will be attempted as soon as possible, and always within seventy-two (72) hours of the towing. Charlotte-Mecklenburg Police Department Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 7 of 8 d. If, after reasonable efforts (i.e., several calls), the officer is still unable to speak to the registered owner, the officer should, if possible, leave a clear message concerning the location and status of the towed vehicle. e. If the officer is successful in contacting the registered owner by telephone, he/she should give the owner the following information and, within reasonable limits, answer the owner's questions regarding the vehicle and the towing. Documentation (date, time, etc.) of the attempts to call the registered owner will be made in the "Owner/Driver" section of the Tow/Storage Report f. 3. 600-013 1) A description of the vehicle. 2) The place where the vehicle is stored 3) The reason for the tow. 4) The violation with which the owner is charged, if any. A vehicle recovered as evidence because it is used during the commission of a crime, contains evidence of a crime, or is a recovered stolen vehicle is subject to disposition under directive 700-002 Evidence Management. The initial investigating officer will summarize all of his or her actions and any relevant information on an incident supplement. Hearing to Contest Tow a. If the owner wishes to contest the towing, he/she has a right to a hearing before a magistrate in Mecklenburg County. If the owner wants to obtain possession of the vehicle prior to the hearing, he/she will be required to post a bond of double the amount of the towing and storage fees with the Clerk of Court. b. To obtain a hearing an owner must present a written request for a hearing to the magistrate on duty at the warrant-issuing office located at the Mecklenburg County Courthouse, 800 E. Fourth Street, Charlotte, North Carolina. If the owner makes a written request for a hearing, the magistrate will set a hearing time within seventy-two (72) hours after the owner's request. c. The only question for the magistrate to decide at the hearing is whether there was probable cause for the towing of the vehicle. Charlotte-Mecklenburg Police Department Towing Vehicles Interactive Directives Guide Effective Date 09/1/2008 IV. 600-013 8 of 8 d. If the magistrate finds probable cause for the towing, the wrecker service will be entitled to hold the vehicle until the owner pays the fee or puts up a bond. e. If the magistrate finds no probable cause for the towing, the vehicle will be returned to the owner with no costs incurred. f. Either party has a right to appeal an adverse decision by the magistrate to the District Court Judge. g. Officers are to comply with procedures established by the Chief District Court Judge regarding these hearings. Officers may be required to file affidavits with the magistrate's office or to appear personally to give oral testimony at such hearings regarding probable cause for the towing of the vehicle. REFERENCES 700-002 Evidence Management N.C.G.S. 20-219.2 N.C.G.S. 20-219.11 February 28, 2011 Ordinance Book 57, Page I ORDINANCE NO. 4608 AMENDING CHAPTER 6 AMENDING CHAPTER 6 OF THE CHARLOTTE CITY CODE ENTITLED AND WHEREAS, the City of Charlotte has a significant governmental interest in protecting the health, safety, and welfare of the general public and preserving the public order; and WHEREAS, G.S. allows a city by ordinance to define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of the public, and the peace and dignity of the city; and WHEREAS, some practices related to the trespass towing of motor vehicles from private property have resulted in the public and members of the towing industry being exposed to harm; and WHEREAS, the owner and lessors of private parking lots depend on the availability of their parking spaces to conduct their businesses and activities, and should have the ability to remove motor vehicles parked in those lots without authorization; and WHEREAS, the City Council desires to minimize and control the harmful and adverse effects that occur during the trespass towing of motor vehicles while not interfering with the ability of owners and lessors of private parking lots to conduct their businesses, including removal of unauthorized vehicles; NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina, that: Section 1. Chapter 6, Article XI ?Businesses and Trades? of the Charlotte City Code entitled ?Towing and Booting Businesses? is amended in its entirety to read as follows: . Xi. Towing and Booting Business Sec. 6-561. Definitiens. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Completed trespass tow means a trespass tow resulting in the complete removal of the motor vehicle from a private parking lot or private property. February 23, 2011 Ordinance Book 57, Page 2 Motor Vehicle means a Class A, B, or Motor Vehicle as defined in GB. 20? Private parking lot means any parking lot or area owned by a private entity or individual that provides parking spaces for a fee or requires the permission of the owner, lessee or agent before a person may park at that location. A private parking lot includes vehicle parking spaces in an apartment or condominium complex. . Tow means to haul, carry, pull along, or otherwise transport or remove a motor vehicle by means of another vehicle. Towing or tow service includes any person or other entity, whether licensed or not, that engages in or who owns or operates a business which engages, in whole or in part, in the towing or rembval of motor vehicles for compensation. Trespass towing or trespass tow means the towing or removal of a motor vehicle, without the consent of themotor vehicle?s owner or operator, that is parked on a private parking lot without the property owner's or agent's consent. Wheel lock means a boot, wheel lock or any other device that is attached to a motor vehicle that is designed to immobilize the motor vehicle. Sec. 6-562. Towing of vehicles for compensation. No towing service shall conduct a trespass tow of a motor vehicle from a private parking lot for compensation when the point of origin of the tow is within the jurisdictional limits of the city without complying with the provisions of this article. Sec. 6-563. Trespass towing of vehicles from private parking lots; signs required. It shall be unlawaII to tow or remove or immobilize by use of any wheel lock or other method, a motor vehicle that is parked on private property or private parking lot without the permission of the owner or lessee of the motor vehicle unless notice is posted in accordance with the provisions of this section on the private property from which the towing, removal, or immobilization occurs. The notice shall meet the following requirements: (1) The notice must be in the form of a sign structure and not less than 24 inches by 24 inches and not larger than 6 square feet and constructed of metal, plastic or other type of material that is enduring in nature. The notice shall be prominently posted on the private property at each access or curb cut allowing vehicle access to the property and within five feet of the street right of way line. If there are no curb or access barriers, notices shall be posted not less than every 50 feet facing the frontage of the public February 28, 2011 Ordinance Book 57, Page 3 street and facing the private parking lot. In addition, a sign not less than 12 inches by 18 inches in size may be posted with-lettering on both sides at each parking space from which an unauthorized vehicle could be towed, removed, or immobilized. (2) The notice shall clearly display the following: a. In not less than one~and~one~half inch high letters red in color on a contrasting white background, the words ?tow-away~zone" or ?towing enforced.? b. ln not less than one inch high letters red in color on a contrasting white background, a statement that parking is never authorized by stating ?private property no parking? or where parking is permitted under limited circumstances, by stating "authorized parking only" or ?leased parking only?, or "parking for customers only?, or ?parking for residents only?, or a similar phrase that specifically identifies the conditions under which someone may park on the property. If parking is only allowed for a- specified time, then the sign shall specifically state the days and hours when parking is permitted. c. In not less than one inch high letters red in color on a contrasting white background, the phone number that a person can call to retrieve the towed vehicle and the name and address of the storage facility where the vehicle is stored. (3) The sign displaying the required notices shall be permanently installed with the bottom of the sign not less than 3 feet foot above ground level and the top of the sign not more than 8 feet above ground level. Sec. 6-564. Trespass towing of vehicles from private parking lots; fees it shall be unlawful to engage in trespass towing of motor vehicles except in - accordance with the following provisions: (1) Fees a. The fees for a completed trespass tow shall be $120.00 or less for any motor vehicle weighing less than 9,000 pounds. For motor vehicles weighing 9,000 pounds or more the fee shall be $500.00 or less. If the motor vehicle weighing 9,000 pounds or more is required by law to be towed separately, then the fees shall be $500.00 or less for each portion ofthat motor?vehicle that is towed. The weight of a motor vehicle shall be determined by its Gross Vehicle Weight Rating as defined in G.S. February 28, 201 1 Ordinance Book 57, Page 4 b. The fee for each tow shall be all inclusive. There shall not be any additional fees assessed by the towing service for booting or for a private parking violation. No additional fees may be charged for using dollies, trailers, lifts, slim jims or any other equipment or service. Subject to the express limitations described above, towing services and owners, lessees and agents of private parking lots shall be entitled to pursue all rights and remedies available at law regarding the enforcement and collection of past due charges, for parking violations. c. The fee for storing a towed motor vehicle shall be $15.00 a day and shall not begin for 24 hours from the time the motor vehicle enters the lot. d. The fee for booting a vehicle shall not exceed $50.00. A fee for booting shall not be charged if a completed trespass tow has occurred. e. A booting service must accept cash and at least two major credit and debit cards. Sec. 6-565. Trespass towing of. vehicles from private parking lots; Practices. - Any towing service that has initiated a trespass tow by, securing the motor vehicle to the tow truck by a hook, chain, cable or similar device, but has not completely removed the trespass motor vehicle from the private parking lot, shall upon the request of the vehicle owner or operator, release said vehicle without a charge. Any towing service that is engaged in a trespass tow shall, upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the trespass vehicle for the purpose of retrieving personal property from the vehicle without paying a fee. it personal items are removed from the motor vehicle by the towing service, than upon request those items will be returned to the owner or operator at no cost. Any towing service that engages in a trespass tow or any storage facility that receives motor vehicles that have been towed as a result of a non-consensual tow from private property shall accept cash and at least two major credit cards and any debit card for any fee established by this Article. Upon request, the employee for the towing service or storage facility will provide a receipt to the owner or operator of the towed motor vehicle. . February 28, 20] 1 Ordinance Book 57, Page 5 Any towing service that engages in a trespass tow or any storage yard that receives motor vehicles that have been towed as a result of a non-consensual tow from private property shall have a person on call 24 hours every day who acknowledges requests to retrieve a towed motor vehicle within 15 minutes of receiving an inquiry from the owner or operator of the towed motor vehicle. If the owner or operator wishes to retrieve the motor vehicle, then the towing service or storage facility must make the vehicle available within 45 minutes of the request. The lot or facility to which a trespass towed vehicle is removed shall be located within the city limits of the City of Charlotte. No towing service shall remove a motor vehicle from a private lot from the hours of 7:00 am. to 7:00 pm. unless the owner or agent of the private lot signs a contemporaneous specific written authorization for such removal which is presented to the wrecker driver of the towing service. The agent must be someone other than an employee of the towing service. The written authorization shall contain the reason for the tow, the make, model, year, color, vehicle identification number (VIN) and license plate number. The wrecker driver shall Contact the non-emergency number for the Charlotte-Mecklenburg Police Department and provide the above information. The motor vehicle will not be removed from the private lot until the driver has been advised of a complaint number. Sec. 6-566. Interference with a towing service. It shall be unlawful for anyone to obstruct or interfere with a towing service that is carrying out a trespass tow on private property or a tow conducted pursuant to a contract with the City of Charlotte exoept: (1) When the owner or operator verbally requests the towing service to release the motor vehicle pursuant to this Article; or (2) When the owner or operator verbally requests the towing service to release the motor vehicle pursuant to the provisions of a towing contract with the City of Charlotte; or (3) When the owner or operator verbally requests the towing service to retrieve personal property from their motor vehicle. Sec. 6-567. Penalty. Any person who violates a provision of this article shall be guilty of a misdemeanor as provided by G. 3. 14-4.? .. . "a pm. February 28, 201 1 Ordinance Book 57, Page 6 Section 2 This Ordinance shall become effective on April 1, 2011. Approved as to Form: City Attorney CERTIFICATION I, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of an Ordinance adopted by the City Council of the city of Charlotte, North Carolina, in regular session convened on the 28? day of Febmary, 2011 the reference hath been made in Minute Book 131, and recorded in ?gll in Ordinance Book 57, Pages (1-6). 2% 2% _l 11' tn ?can?: "??leassz?li? Charlotte-Mecklenburg Police Department Interactive Directives Guide Passive Protest and Peaceful Demonstrations Effective Date 05/29/2009 I. 600-014 1 of 4 PURPOSE The purpose of this directive is to inform each member of the CMPD of the policy regarding the appropriate exercise of law enforcement authority at peaceful demonstrations. II. POLICY The CMPD’s purpose for being present on the scene of a lawful protest is to maintain peace and order. Officers shall enforce the criminal law where appropriate and not act or fail to act in any manner that favors the protesters or the business/organization that is the object of the protest. First Amendment Rights of the protestors are to be balanced with the rights of private property owners and the interests of the public in being able to access businesses, public roadways and public sidewalks. III. IV. DEFINITIONS A. Picket or picketing: To make a public display or demonstration of sentiment for or against a person or cause, including protesting which may include the distribution of leaflets or handbills, the display of signs and any oral communication or speech, which may involve an effort to persuade or influence, including all expressive and symbolic conduct, whether active or passive. B. Sidewalk: The portion of the street right-of-way which is designated for the use of pedestrians and may be paved or unpaved and shall include easements and rights of ways. C. Street: The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right, for the purposes of vehicular traffic, including that portion that is known as the shoulder of the roadway and the curb. PROCEDURES A. Notification required: The organizer of a picket that the organizer knows, or should reasonably know will be by a group of 50 or more individual shall give notice of intent to picket to the Chief of Police or designee at least 48 hours before the beginning of the picket. (See CMPD Forms) B. Receipt of notification: Upon notice of intent to picket, the Chief of Police or designee shall immediately issue a receipt of notice. The organizer of the picket shall be responsible for maintaining the receipt, and shall present it when so requested by a law enforcement officer or other city official. (See CMPD Forms) Charlotte-Mecklenburg Police Department Interactive Directives Guide Passive Protest and Peaceful Demonstrations Effective Date 05/29/2009 C. 600-014 2 of 4 Public Assembly and Parade Permits (City Code Sections 19-311 – 19-312) Festival, parades and public assemblies (on public streets) are required to have a permit, without regard to the number of individuals participating D. Warrantless Arrests (N.C.G.S. 15A-401(b)) Warrantless Arrests should only be made: E. 1. For a felony or misdemeanor in an officer’s presence, 2. For a felony that occurs outside the officer’s presence or, 3. For a misdemeanor that occurs outside the officer’s presence and a warrantless arrest is authorized by state law. Enforcement of Relevant Statutes and City Ordinances 1. Picketing Ordinances (City Code Sections 19-301 – 19-303) a. Picketing may be conducted on public sidewalks or other pedestrian areas, but not on that part of the roadway primarily used for vehicular traffic. Picketing shall not disrupt, block, obstruct or interfere with pedestrian traffic or the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to buildings, which abut the public sidewalks. b. Picketing may be conducted at the Old City Hall lawn, CMGC plaza, Polk Park, Independence Square Park, Arequipa Park or other City-controlled park unless a festival is occurring or the property is reserved for private use. c. Picketing is not permitted on median strips. d. Focused or targeted residential picketing is prohibited. e. There is no limit to the number of pickets on a particular block or to the amount of space between pickets. f. Banners are not limited in size, but must allow safe and unobstructed passage of pedestrian and vehicular traffic. g. The staff or pole on which a placard or banner is carried must be made of corrugated material, plastic or wood and not metal or metal alloy. It cannot exceed 40 inches in length nor can it be greater than ¾ inch in diameter at any point. It must be blunt at both ends. Charlotte-Mecklenburg Police Department Interactive Directives Guide Passive Protest and Peaceful Demonstrations Effective Date 05/29/2009 h. 2. 3. 600-014 3 of 4 Violations of the ordinance may be enforced by issuing a uniform citation to the violator although officers may wish to warn picketers prior to issuing a citation. Obstructing Traffic a. Protesters standing in the public roadway blocking traffic shall be given a lawful order to move out of the roadway under the officer’s authority to direct or regulate traffic under N.C.G.S. 20-114.1(a) (Willful Failure to Obey Law-Enforcement or Traffic-Control Officer). Arrests may be made under this statute if protesters refuse to move out of the roadway. b. Officers should advise persons on the scene not to walk in front of vehicles entering and exiting the parking lot of a business. The potential for confrontation between the various interests involved and the danger of a pedestrian being struck by a vehicle are additional law enforcement concerns. Trespassing Protesters standing on private property are to be verbally advised by a company representative that they are not allowed on the private property. In addition, an officer shall provide a verbal warning to violators that they are going to be arrested for first degree trespassing if they are wrongfully in a building or enclosed area and for second degree trespassing if they are outside but not on the “sidewalk” area. 4. Other Relevant Ordinances and State Statutes a. Noise Ordinance (City Code Sections 15-61 – 15-68) Violations of the noise ordinance may occur if the protesters use megaphones or other sound amplification devices. Prior to issuing a citation for a violation under Section 15-64 (Amplified Sound), a measurement of the noise by a qualified, trained officer should be taken to verify the noise level. b. Weapons at Parades and Picket Lines (N.C.G.S. 14-277.2) It is unlawful for any person participating in, affiliated with, or present as a spectator at any parade, picket line or any demonstration upon a private health care facility or upon any public place owned or under the control of the State or any of its subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. The provisions of the statute apply to a person with a carry concealed permit carrying a concealed handgun. The provisions of the statute do not Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-014 Passive Protest and Peaceful Demonstrations Effective Date 05/29/2009 4 of 4 apply to any person authorized by State or federal law to carry dangerous weapons in the performance of their duties, including many private security officers licensed to carry a firearm while on duty. c. Distribution of Handbills or Leaflets (City Code Section 15-1) It is unlawful for any person to throw, deposit, place or distribute any handbills, leaflets, etc. on any motor vehicles without the consent of the owner. With regard to material that is handed out by protestors, picketers, or counselors, this ordinance will be enforced by issuing a uniform citation requiring a mandatory court appearance, only after receipt of a complaint. d. V. Officers should not charge protestors with littering for placing copies of their literature, picket signs or other material on public or private property for the period of the demonstration. However, signs or other material placed on the private property by protestors may be taken and disposed of by the property owner or his or her designee. This does not constitute larceny or damage to property and no such report should be taken. REFERENCES Noise Ordinance Enforcement SOP Charlotte City Ordinance 19-301 through 19-303 Picketing Charlotte City Ordinance 19-311 through 19-313 Public Assemblies and Parades Charlotte City Ordinance 15-61 through 15-68 Noise Charlotte City Ordinance 15-1 Distribution of Handbills N.C.G.S. 14-225.1 Obstructing Justice N.C.G.S. 14-277.2 Weapons at Parades N.C.G.S. 14-277.4 Healthcare Facilities N.C.G.S. 14-288.2 Riot N.C.G.S. 14-288.4 Disorderly Conduct N.C.G.S. 14-288.5 Failure to Disperse N.C.G.S. 14-415.11 Permit to Carry Concealed Handgun N.C.G.S. 15A-401 Arrest by Law Enforcement Officer N.C.G.S. 20-114.1 Willful Failure to Obey Law-Enforcement or Traffic-Control Officer ARTICLE X. PICKETING* __________ *Editor's note: Ord. No. 2621, § 1, adopted June 14, 2004, amended article X in its entirety to read as herein set out. Formerly, article X pertained to parades and derived from Ord. No. 2459, § 1, adopted December 8, 2003. For provisions pertaining to parades, the user's attention is directed to article XI. __________ Sec. 19-301. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Picket or picketing means to make a public display or demonstration of sentiment for or against a person or cause, including protesting which may include the distribution of leaflets or handbills, the display of signs and any oral communication or speech, which may involve an effort to persuade or influence, including all expressive and symbolic conduct, whether active or passive. Sidewalk means that portion of the street right-of-way which is designated for the use of pedestrians and may be paved or unpaved and shall include easements and rights of ways. Street means the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter or right, for the purposes of vehicular traffic, including that portion that is known as the shoulder of the roadway and the curb. The terms "highway" and "street" and their cognates are synonymous as used herein. (Ord. No. 2621, § 1, 6-14-2004) Sec. 19-302. Notice of intent to picket. (a) Notification required. The organizer of a picket that the organizer knows, or should reasonably know will be by a group of 50 or more individuals shall give notice of intent to picket to the chief of police or designee at least 48 hours before the beginning of the picket. The notice of intent to picket shall include the following information: (1) The name, address and contact telephone number for the organizer of the picket; (2) The name, address and contact telephone number of the person giving notice of intent to picket if different from the organizer; (3) The name of the organization or group sponsoring the picket; (4) The location where the picket is to take place; (5) The date and time the picket will begin and end; and (6) The anticipated number of participants, and the basis on which this estimate is made. (b) Receipt of notification. Upon notice of intent to picket given in accordance with subsection (a), the chief of police or designee shall immediately issue a receipt of notice. The receipt shall contain all information stated in the notice. The organizer of a picket shall be responsible for maintaining the receipt, and shall present it when so requested by a law enforcement officer or other city official. (c) It shall be unlawful for any person to violate any provision of this section. (Ord. No. 2621, § 1, 6-14-2004) Sec. 19-303. Picketing regulations. (a) Picketing may be conducted on public sidewalks, at the Old City Hall lawn, the Charlotte-Mecklenburg Government Center plaza, Marshall Park, Polk Park, Independence Square Plaza, Arequipa Park, any other city-controlled park, or other cityowned areas normally used or reserved for pedestrian movement, including easements and rights-of-way, and shall not be conducted on the portion of the public roadway used primarily for vehicular traffic. (b) Notwithstanding subsection (a), picketing may not be conducted: (1) At the Old City Hall lawn, the Charlotte-Mecklenburg Government Center plaza, Marshall Park, Polk Park, Independence Square Plaza, Arequipa Park, or other citycontrolled park during a festival that has been permitted at that particular property or when that property has been otherwise reserved for private use; (2) On a median strip; and (3) At a location directed, focused, or targeted at a particular private residence. (c) Picketing shall not disrupt, block, obstruct or interfere with pedestrian or vehicular traffic or the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to buildings, which abut the public sidewalks. (d) Written or printed placards or signs, flags, or banners carried by individuals engaged in picketing shall be of such a size and/or carried on the sidewalks or other city-owned areas, as to allow safe and unobstructed passage of pedestrian or vehicular traffic. The staff or pole on which a sign, flag, or banner may be carried shall be made of corrugated material, plastic, or wood, and shall not exceed 40 inches in length and shall not be made of metal or metal alloy. If made of wood, the staff or pole shallbe no greater than threefourths inch in diameter at any point. A staff or pole must be blunt at both ends. (e) If more than one group of picketers desire to picket at the same time at or near the same location, law enforcement officers may, without regard to the purpose or content of the message, assign each group a place to picket in order to preserve the public peace. Members of a group shall not enter an area assigned to another group. Priority of location shall be based upon which group of picketers arrived first. (f) Spectators of pickets shall not physically interfere with individuals engaged in picketing. Picketers and spectators of pickets shall not speak fighting words or threats that would tend to provoke a reasonable person to a breach of the peace. (g) Picketers and picketing shall be subject to all applicable local, state and federal laws including, but not limited to: (1) The city's noise ordinance; (2) The city's handbill ordinance; (3) Section 14-225.1 (obstructing justice); (4) Section 14-277.2 (weapons); (5) Section 14-277.4 (health care facilities); and (6) Section 14-288.4 (disorderly conduct). (h) Nothing in this section prohibits a law enforcement officer from issuing a command to disperse in accordance with North Carolina General Statute § 14-288.5 in the event of a riot or disorderly conduct by an assemblage of three or more persons. (i) It shall be unlawful for any person to violate any provision of this section. (Ord. No. 2621, § 1, 6-14-2004) Secs. 19-304--19-310. Reserved. Charlotte-Mecklenburg Police Department Interactive Directives Guide Arbitrary Profiling Effective Date 12/01/2015 I. 600-017 1 of 4 PURPOSE The Charlotte-Mecklenburg Police Department (CMPD) believes that the use of arbitrary stereotypes is inconsistent with effective policing. Effective policing requires officers and members of the community to work proactively together as partners to prevent crime and to protect our community. The police-community partnership thrives through communication, trust, and fairness. The mere appearance of arbitrary profiling is harmful to the policecommunity partnership and is counter to effective policing. In order to create and maintain a safe community, CMPD officers are expected to stop citizens and enforce the law when they observe behavior indicative of criminal activity. This includes the use of physically descriptive characteristics in determining whether a person matches a specific description of a particular suspect. CMPD is committed to treating all people, both community members and officers, equally, fairly, and with respect. This policy is intended to serve four primary purposes: II. A. To provide officers with clear guidance in the law and in their interventions into the activities of community members. B. To make it clear that CMPD is aware of and sensitive to the impact that police interventions have on the community. C. To reaffirm to the community that CMPD will not tolerate the use of arbitrary stereotypes in any form. D. To fairly and accurately establish a record of CMPD interventions into the activities of community members. POLICY All people have a right to receive equal treatment, courtesy, and respect from members of CMPD. Officers will treat all persons with whom they have contact equally and without regard to their race, gender, ethnicity, religion, age, citizenship, sexual orientation, or any other arbitrary stereotype. The use of arbitrary stereotypes as a motivation for a police activity constitutes arbitrary profiling and is expressly prohibited. A. B. Officers will not use any arbitrary stereotype as: 1. A factor in the selection of whom to stop and search. 2. A motivation for the decision to initiate a police activity. 3. A motivation to conduct a police activity differently than they normally would. 4. An assumption regarding an individual’s immigration status. Officers will: 1. Enforce the criminal laws through all lawful means of investigation. Charlotte-Mecklenburg Police Department Interactive Directives Guide Arbitrary Profiling Effective Date 12/01/2015 2. III. 600-017 2 of 4 Use physically descriptive characteristics, including race and gender, in determining whether a person matches a specific description of a particular suspect. C. In compliance with state statute, the Stop Data Form must be completed for traffic related stops. Officers are required to complete the form for an encounter in which consent to search is requested documenting either permission or denial of the request. D. CMPD will provide training regarding arbitrary profiling to all officers during recruit training and on an annual basis through in-service training. E. CMPD will conduct an annual administrative review of officer practices including citizen concerns. Upon completion of the annual review, CMPD will identify any areas that require updated or additional training. F. CMPD will provide law enforcement service and protection to all members of the Charlotte-Mecklenburg community. DEFINITIONS A. Arbitrary Profiling: Any police activity that is motivated by race, gender, ethnicity, religion, age, citizenship, sexual orientation, or any arbitrary stereotype rather than the behavior of an individual or information that leads to a particular individual that is reasonably suspected to be, or to have been engaged in specific criminal activity. B. Arbitrary Stereotype: A conventional, oversimplified opinion, conception, or belief regarding a person, group, event, or issue that is thought to typify or conform to an unvarying pattern, lacking any individuality. C. Police Activity: Any and all actions taken by police officers toward an individual that are due to his or her position as a police officer; including but not limited to the following: any act of investigation, a voluntary contact or a request for consent to search either a person or property; a detention of a person or vehicle including the issuance of a traffic citation or warning; an arrest of a person or a seizure of property. D. Articulable Reason: A fact not based on an arbitrary stereotype that is capable of being determined and recited. E. Reasonable Suspicion: Knowledge of articulable facts or circumstances that are objectively, and without resort to arbitrary profiling, sufficient to induce a reasonable person under the attendant circumstances to suspect that an individual has engaged, is engaging, or is about to engage in criminal activity. F. Probable Cause: Knowledge of articulable facts or circumstances that is objectively, and without resort to arbitrary profiling, sufficient to induce a reasonable person under the attendant circumstances to believe that an individual has committed or is committing a criminal offense or an infraction. Charlotte-Mecklenburg Police Department Interactive Directives Guide Arbitrary Profiling Effective Date 12/01/2015 G. IV. 600-017 3 of 4 Voluntary Contact: A consensual contact between an officer and a citizen under circumstances such that a reasonable person would feel free to leave and/or terminate the encounter. PROCEDURE A. Detentions Officers may detain someone if they have reasonable suspicion. Arbitrary profiling may not be used as a factor to establish reasonable suspicion and may not be the motivation in initiating a detention. An officer may rely upon race or other descriptive characteristics to determine whether a person matches a specific description of a particular suspect. B. Arrests Officers may arrest someone if they have probable cause. Arbitrary profiling may not be used as a factor to establish probable cause and may not be the motivation in initiating an arrest. An officer may rely upon race or other descriptive characteristics to determine whether a person matches a specific description of a particular suspect. C. Voluntary Contact Officers may initiate a voluntary contact with a person as long as the motivation for the contact is not based on an arbitrary profile. In all such contacts, the person must be free to leave and/or terminate the encounter. When conducting a voluntary contact, the officer will adhere to the constitutional rights of those individuals contacted. The officer will complete a field interview report in KBCOPS documenting the contact. D. V. Consent to Search 1. Officers may request a person's consent to search his/her person or property as long as the motivation for the request is based on a non-arbitrary articulable reason. In all such circumstances, the consent must be voluntary. 2. Officers will not request consent to search without first establishing an articulable reason for such request. 3. The articulable reason for the request for consent to search should always be noted in a Field Interview or KBCOPS Narrative. A Stop Data Form must be completed any time consent to search is requested. DATA COLLECTION A. Collecting Data All CMPD officers will complete and submit the electronic Stop Data Form whenever they initiate a traffic stop or when consent to search is requested. In the event of Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-017 Arbitrary Profiling Effective Date 12/01/2015 4 of 4 computer difficulties, officers will fill out the paper version of the form and then enter the data onto the form when the computer difficulties have been corrected. The electronic Stop Data Form should be completed as soon as is practical in all circumstances. It is the responsibility of all supervisors to ensure that the Stop Data Form is completed. B. Checkpoints DWI and License checkpoint detentions do not require any form to be completed unless the detention results in a written warning, citation, search, seizure, contraband being found, arrest, physical resistance, use of force, or injuries. C. Collected Data The data collected through the electronic Stop Data Form will not be used in the CMPD early intervention system and may not be used for the purpose of identifying individual officers for discipline purposes. The data may be used for the purpose of identifying training needs on a group or division basis. The data collected may also be used to aid in the evaluation of possible violations of this policy by individual officers when the possible violations are brought to light independently of data collected through the electronic form. D. Data Entry Errors In the event that an error in the data entry process comes to the attention of an officer after they have submitted an electronic Stop Data Form to the database, the entering officer will notify their direct supervisor who will notify their supervising captain. The supervising captain or their designee will verify the data that is in error and correct the information in the database with the assistance of Computer Technology Services. VI. VIOLATION Any violation of this policy will be addressed within the framework of the CMPD disciplinary philosophy. VII. REFERENCE CMPD Rules of Conduct N.C.G.S. § 143B-902-905 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Deadly Force Effective Date 11/5/2013 I. 600-018 1 of 4 PURPOSE The purpose of this policy is to provide officers of the Charlotte-Mecklenburg Police Department with guidelines for the use of deadly force. II. POLICY The Charlotte-Mecklenburg Police Department recognizes and respects the integrity and paramount value of human life. Consistent with this primary value is the Department’s full commitment to only use deadly force when it is reasonably necessary. In determining whether deadly force is reasonably necessary, it must be taken into full consideration that officers may be forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force necessary in a particular situation. III. IV. DEFINITIONS A. Deadly Force: Any force that is reasonably likely to cause death or serious injury. Force that is not reasonably likely to cause death or serious physical injury, but unexpectedly results in death or serious injury is not considered deadly force. The discharging of a firearm at a person is always considered deadly force except when an officer is discharging a less lethal option approved pursuant to this policy. B. Imminent: An event that is about to occur at any moment. C. Reasonably Necessary: Facts and circumstances, including the reasonable inferences drawn therefrom, known to an officer at the time he or she uses deadly force, that would cause a reasonable officer to believe that deadly force is appropriate. PROCEDURES FOR THE USE OF DEADLY FORCE A. An officer may use deadly force only as follows: 1. When it appears to be reasonably necessary to defend him or herself or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force; or 2. To effect an arrest or prevent the escape from custody of a person who, the officer reasonably believes, is attempting to escape by means of a deadly weapon; or 3. To affect an arrest or prevent the escape from custody of a person who, by his or her conduct or any other means, indicates that he or she presents an imminent threat of death or serious physical injury to others unless apprehended without delay. B. If feasible, an officer will identify him or herself as a police officer and issue a verbal warning before using deadly force. A verbal warning is not required in a split second situation or if the officer reasonably believes that issuing the warning would place the safety of the officer or another person in jeopardy. C. An officer will not discharge his or her firearm under the following circumstances: Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Deadly Force Effective Date 11/5/2013 D. 600-018 2 of 4 1. As a means of warning or frightening a person. 2. At or from a moving vehicle, unless deadly force is being used against the officer or another person and the officer reasonably believes that no other option is reasonably available. Discharging a firearm in this circumstance is never authorized when it is reasonable to believe that the vehicle may contain an innocent passenger or it is reasonably apparent that the vehicle may careen out of control and injure an innocent bystander. When confronted with an oncoming vehicle, an officer will not position him or herself into the path of the vehicle, but will take all reasonable steps to move out of the way. 3. In connection with an investigation or arrest for a misdemeanor offense, when there is no imminent threat of death or serious injury to either the officer or another person. 4. To stop or detain an individual based on reasonable suspicion that the individual is involved in criminal activity, when there is no imminent threat of death or serious injury to either the officer or another person. 5. To protect or prevent damage to real or personal property. 6. To disable a motor vehicle except pursuant to written protocol adopted by SWAT and approved by the Chief of Police, or designee. 7. When based on the totality of the circumstances, discharging a firearm would constitute a greater risk to innocent human life than the subject’s actions. For example, discharging a firearm into a crowd or shooting into a building or through a wall, where the subject is not clearly identified and it is unknown if there are other occupants present. Pointing a Firearm at an Individual An officer may point a firearm at another person if he or she reasonably believes that deadly force may become necessary. An officer need not wait until the threat becomes imminent before pointing his or her firearm at a person. However, an officer must be able to articulate why he or she believes that deadly force may become necessary. Nothing in this section is intended to take away from an officer, the ability to defend him or herself or another person from serious bodily injury or death. V. PROCEDURES FOLLOWING THE USE OF DEADLY FORCE A. Medical Aid Whenever deadly force is used against a subject and the subject is injured or the subject requests medical aid, the officer will immediately request medical assistance. After requesting the appropriate medical aid, the officer will take any appropriate measure they are trained and certified to take. Those actions may include: 1. Increased observation of the subject to detect obvious changes in condition; Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Deadly Force Effective Date 11/5/2013 B. 600-018 2. Apply any first aid they are trained and certified to apply; and, 3. Secure the scene to protect the subject from any further injury. 3 of 4 Duty to Report Use of Deadly Force Any officer who uses deadly force, or witnesses another officer use deadly force, will immediately contact his or her supervisor. C. D. Officer Involved Shooting Team (OIST) 1. OIST will assume the overall responsibility for conducting an investigation whenever an officer uses deadly force resulting in a subject’s injury or death. 2. Any investigation conducted by OIST will be pursuant to the written protocol adopted by the Chief of Police, or designee. Internal Affairs Bureau Whenever an officer uses deadly force, the Internal Affairs Bureau will be responsible for conducting an administrative investigation. E. Division Commander The patrol division captain will ensure that all officer’s directly involved in a shooting incident schedule mandatory counseling sessions with the Department’s psychologist in accordance with directive 300-020 Police Critical Incident Stress. F. Immediate Supervisor Whenever an officer uses deadly force, the officer’s immediate supervisor will ensure that a support supervisor is dispatched to the scene. The support supervisor will comply with the responsibilities outlined in directive 300-020 Police Critical Incident Stress. G. Support Supervisor The support supervisor will ensure compliance with directive 300-020 Police Critical Incident Stress. H. Administrative Leave 1. Whenever the use of force by an officer results in the serious injury or death of a subject, the officer will initially be removed from his or her line duties, pending the results of criminal or internal investigations. 2. The Chief of Police, or designee, may grant an officer three (3) days administrative leave with pay or longer. 3. An officer placed on administrative leave will remain available for call back. 4. The work status of an officer on administrative leave will be reviewed by the officer’s chain of command within ten (10) days following the incident. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-018 Use of Deadly Force Effective Date 11/5/2013 I. J. VI. 4 of 4 Negligent Discharge of Firearm 1. Any officer who negligently discharges a firearm will immediately contact his or her supervisor. 2. The supervisor will notify his or her chain of command and Internal Affairs and initiate an IACMS investigation. 3. All negligent discharges will be reviewed by a Shooting Review Board convened by Internal Affairs. Euthanasia of Animals/Wildlife 1. Officers are authorized with approval of his or her supervisor to euthanize a seriously injured animal and if delay would cause needless suffering. 2. Supervisors will prior to authorizing an officer to euthanize an animal check to see if an Animal Care and Control Officer is available and nearby and defer to that unit if it can respond in a timely manner. 3. Supervisors will document the euthanasia of any animal in IACMS and route the investigation through his or her chain of command. REFERENCES 300-020 Police Critical Incident Stress 400-002 Firearms 600-019 Use of Non-Deadly Force 600-020 Use of Force Continuum N.C.G.S. 15A-401(d) Charlotte-Mecklenburg Police Department Use of Less Lethal Force Interactive Directives Guide Effective Date 12/18/2013 I. 600-019 1 of 9 PURPOSE The purpose of this policy is to provide officers of the Charlotte-Mecklenburg Police Department with guidelines for the use of less lethal force. II. POLICY CMPD recognizes and respects the integrity and paramount value of human life. Consistent with this primary value is the Department's full commitment to only use force when it is reasonably necessary. In determining whether force is reasonably necessary, it must be taken into full consideration that officers may be forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force necessary in a particular situation. III. IV. DEFINITIONS A. Imminent: An event that is about to occur at any moment. B. Less Lethal Option: Any force employed using specialized equipment that is designed to temporarily incapacitate a person and is not reasonably likely to produce death or serious injury, including, but not limited to Oleoresin Capsicum (OC spray), impact weapons, Conducted Electrical Weapon (CEW), and bean bag rounds. C. Less Lethal Force: Any physical exertion or device that is used to restrain or control another which is not reasonably likely to cause death or serious injury. D. Reasonably Necessary: Facts and circumstances, including the reasonable inferences drawn therefrom, known to an officer at the time he or she uses the force, that would cause a reasonable officer to believe that force is appropriate. PROCEDURES FOR THE USE OF LESS LETHAL FORCE A. Use of Less Lethal Force During Arrest An officer may use less lethal force upon another person when and to the extent that the officer believes it reasonably necessary to: 1. Prevent the escape from custody or to effect an arrest of a person who the officer reasonably believes has committed an offense unless the officer knows that the arrest is unauthorized; or 2. Defend him or herself or another person from what the officer reasonably believes to be the use or imminent use of physical force while affecting or attempting to affect an arrest, or while preventing or attempting to prevent an escape. B. Verbal Warning C. If feasible, an officer will identify him or herself as a police officer and issue a verbal warning before using force. A verbal warning is not required in a split second situation or if the officer reasonably believes that issuing the warning would place the safety of the officer or another person in jeopardy. Use of Force Continuum Charlotte-Mecklenburg Police Department 600-019 Use of Less Lethal Force Interactive Directives Guide Effective Date 12/18/2013 2 of 9 Officers will use only the amount of force that is objectively reasonable and necessary under the circumstances. The Use of Force Continuum (Directive 600-020) is a guideline to assist officers in assessing which level of control may be appropriate when confronted with a certain level of resistance. The Use of Force Continuum does not replace the requirement that force must be objectively reasonable and necessary. Officers are responsible for reviewing the Use of Force Continuum on a regular basis. D. Oleoresin Capsicum (OC Spray) 1. E. OC spray will normally be used when the officer is confronted with defensive resistance, as defined on the Use of Force Continuum, and: a. The use is a reasonably necessary progressive step in the use of force to effect the arrest, to secure an arrestee, or to provide for the safety of the officer or others; and b. Physical restraint of a person is not reasonable to bring the person under control without risk of injury to the person or the officer. 2. OC spray may be used to discourage an attack by an animal. 3. Officers are required to demonstrate proficiency in the deployment of OC in a training environment on a biennial basis. Non-violent Passive Protests The use of OC spray or any other physical force will not be immediately deployed where person or group of persons are participating in a passive non-violent protest unless there is an imminent threat to the officer or another person's safety. F. Conducted Electrical Weapon The primary purpose of the CEW is to save human lives and prevent injuries. The use of the CEW is considered “high” on the continuum of less lethal force and its use is authorized as an alternative to employing deadly force in situations where time and circumstance permit. The CEW should be used to restrain violent individuals where alternative restraint tactics fail or are reasonably likely to fail and/or where it would be unsafe for officers to approach a subject to apply restraints. It is not intended to be a substitute for other less lethal force options. 1. Procedures a. The Conducted Electrical Weapon is designed for use against subjects who may not feel the effects of pain compliance based techniques or devices. The CEW delivers conducted electricity into the subject through two (2) probes and conductive wire. This results in an involuntary contraction of the muscles as well as pain and disorientation. All of the effects are temporary, and will subside immediately upon completion of the discharge. Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Less Lethal Force Effective Date 12/18/2013 2. 600-019 3 of 9 b. Only officers who have successfully completed CMPD’s TASER™ Operator training are authorized to carry and use a CEW. c. All officers authorized to carry and use the CEW are required to complete annual recertification training. d. When equipped with the CEW, officers will only wear the CEW holster weak side. Wearing of the CEW strong side is strictly prohibited. e. Uniform personnel that are issued a CEW are also required to carry their issued collapsible baton when on duty or working a secondary employment assignment. f. Officers will not make any adjustments to their CEW device settings. g. Each officer is responsible for the condition of their CEW and will thoroughly inspect the device before taking it into the field. Officers will:  Inspect the device for any obvious damage, check the lights, laser site, frame, trigger housing, and safety switch for functionality.  Turn the device on and verify that battery strength is greater than 20%.  Each weapon will be spark tested at the beginning of every shift for operability testing. Spark testing will consist of turning the device on, depressing the ARC switch for one (1) second, and turning the device back off. At no time during the spark test should you pull the trigger.  Cartridges will be inspected for damaged or loose doors. Cartridges will not fire without the doors securely attached.  If a TASER™ device is determined to be unfit for duty, it will be taken to the Property and Evidence Management Division where a new device will be issued. The device will be evaluated, repaired, and/or returned to the manufacturer.  All CEWs will be maintained in accordance with the 600-019A Management of Electronic Control Devices protocol. Use of Conducted Electrical Weapons a. The CEW may be used in situations where a subject presents an imminent physical threat to an officer, him/her self or another person. CEWs are limited to use against subjects who are exhibiting active aggression or who are actively resisting in a manner that in the officer’s judgment is likely to result in injuries to the officer, him/her self or others. CEWs will not be used against a passive subject. b. The CEW falls in line with Impact Weapons on the Use of Force Continuum. Charlotte-Mecklenburg Police Department Use of Less Lethal Force Interactive Directives Guide Effective Date 12/18/2013 c. 3. 600-019 4 of 9 Examples of situations when the CEW may be used in accordance with 2-a  When dealing with a mentally ill person who is actively aggressive, refer to 500-003, Management of Subjects in Extreme Distress;  When confronted by subjects armed with knives, bottles, or other objects other than a firearm, where the subject poses an imminent threat to officers or citizens;  When attempting to control violent persons who may be under the influence of drugs and/or alcohol and are exhibiting aggressive behavior or subjects whose aggressive behavior indicates that other methods of control may reasonably result in injury to the subject or officers. Officers should be aware that there is a higher risk of sudden death in subjects under the influence of drugs or exhibiting symptoms associated with excited delirium. Refer to 500-003, Management of Subjects in Extreme Distress.  When a subject resists arrest where the subject has the apparent ability to retrieve a weapon and the officer reasonably believes the subject has access to a weapon;  When confronted with a person expressing the intent and who has the immediate and reasonable means to commit suicide. d. When feasible, officers will verbally warn the suspect before discharging the CEW. An ARC display may be used in conjunction with verbal warnings. e. Initial use of the CEW will be for a full 5 second cycle, and then the officer will evaluate the need to apply a second 5 second cycle. Each subsequent 5 second cycle requires justification to deploy the CEW for each subsequent cycle. Once the subject has been exposed to three cycles, the CEW may be deemed ineffective and another use of force option should be considered. f. The intentional use of two or more CEW’s simultaneously on the same subject is strictly prohibited. g. The use of the CEW “drive stun” mode should be used primarily to supplement the probe mode to complete the conductive circuit. The “drive stun” requires the same level of justification as a probe deployment. The CEW shall not be used: a. When the officer cannot for safety or other reasons approach the subject to within the effective range of the CEW; Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Less Lethal Force Effective Date 12/18/2013 4. 600-019 5 of 9 b. In the proximity of flammable liquids, gases, or any other highly combustible materials that may be ignited by the device including any individual that may be have been exposed to combustible substances or liquids such as gasoline; c. In situations where deadly force is appropriate, unless another officer is in position to use deadly force against the subject. d. On handcuffed persons unless doing so is necessary to prevent the person from causing serious bodily injury to him/her self or others. e. Solely to prevent the escape of a subject who is otherwise not displaying active aggression towards the officer or others. In less-lethal force situations, officers will not use a CEW under the following situations: a. When facing persons who are not an imminent threat to the public or officers; b. On a subject who is in control of a vehicle (e.g., automobiles, trucks, motorcycles, ATVs, scooters), while that vehicle is moving or in gear; c. On a person who is complying with an officer’s commands; d. During a demonstration or other lawful protest where the subject is only offering passive resistance; e. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death (e.g. where the subject’s fall may result in death or serious injury). 5. In less-lethal force situations, officers will not intentionally target the head, neck, upper chest area or genitalia of the subject with a CEW. 6. In less-lethal force situations, officers should be cognizant if the subject is visibly pregnant, elderly, otherwise infirm or of very young age and consider other non-lethal force options before deploying a CEW. 7. In (less)-lethal force situations, officers should be cognizant of the risk of positional asphyxia and use restraint techniques that do not impair the breathing of an in-custody subject after application of the CEW. 8. Medical Considerations: Personnel should be aware that there is a higher risk of sudden death in subjects under the influence of drugs and/or exhibiting symptoms associated with excited delirium. In accordance with Directive 500003 Management of Subjects in Extreme Distress, MEDIC should be requested as soon as practical once it has been concluded that the subject may be at risk for positional/restraint asphyxia or excited delirium. a. Whenever possible, when officers respond to Calls For Service in which they anticipate an CEW application may be used against a subject Charlotte-Mecklenburg Police Department 600-019 Use of Less Lethal Force Interactive Directives Guide Effective Date 12/18/2013 6 of 9 and/or an individual that may be at-risk for positional asphyxia, restraint asphyxia or excited delirium, the officer shall, as soon as practical, notify an on-duty supervisor and request MEDIC if they were not initially dispatched. The officer shall designate a nearby safe location for MEDIC personnel to stage until the scene is secure. G. b. First Responders and MEDIC shall be requested for anyone who is subjected to the electrical discharge, including drive-stun exposures. Officers will closely monitor the subject until arrival of First Responders and MEDIC. c. MEDIC personnel will complete on-scene probe removal and a medical evaluation on all subjects exposed to the CEW. MEDIC personnel will then evaluate the subject and determine whether the subject will be transported to the hospital. d. If MEDIC clears the subject, the officer may then transport the subject directly to the intake center. In cases where a subject has been exposed to multiple CEW cycles exceeding 15 seconds the officer will request that MEDIC transport the subject to the hospital for further examination and clearance before being transported to the jail. e. Darts that penetrate the skin will only be removed by medical personnel. CEW probes will be treated as biohazard materials. f. Internal Affairs will be responsible for the investigation of CEW applications when:  Application exceeds 15 seconds;  CEW is applied outside of policy and/or training;  The subject is in an at risk category (eg., young children, elderly, pregnant). Less Lethal Options 1. Officers with specialized training who are authorized and trained in the use of specialized equipment may use that issued equipment pursuant to a standard operating procedure approved by the Chief of Police or designee. 2. The use of less lethal options is not considered deadly force. 3. Approved less lethal equipment currently includes, but is not limited to: a. Bean Bag rounds b. Chemical irritants c. Rubber pellets d. Conducted Electrical Weapons (CEW) Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-019 Use of Less Lethal Force Effective Date 12/18/2013 H. I. V. 7 of 9 e. Canine f. Other equipment as approved by the Chief of Police that is designed to incapacitate, but not designed to deliver deadly force. Impact Weapons 1. Impact weapons may be used only when an officer is confronted with active aggression that is occurring or is imminent, against him or herself or another person. 2. The use by an officer of a flashlight, baton, or similar object used as a club to strike a blow to the muscle groups of a person’s arms or legs will be considered use of less lethal force. 3. A flashlight, baton, or similar object used as a club to strike a blow to a person’s head/neck is prohibited except where deadly force is reasonably necessary. 4. Officers are required to demonstrate proficiency in the use of impact weapons in a training environment on a biennial basis. Officers will not use the following tactics unless deadly force is reasonably necessary: 1. Any hold with or without a device that restricts a person's airway. 2. Any strike with an impact weapon or object to a person's head or neck. 3. Any other tactic that is reasonably likely to result in death or serious injury unless deadly force was reasonably necessary. PROCEDURES FOLLOWING THE USE OF LESS LETHAL FORCE A. Medical Treatment An officer will summon appropriate medical aid when the subject requests medical assistance or, in the officer's opinion, the subject requires medical assistance. The officer will contact a supervisor if the officer is in doubt as to the necessity of medical treatment. In the event a supervisor is contacted; the supervisor will observe the subject prior to making the decision on whether to obtain medical aid. After requesting the appropriate medical aid, the officer will take any appropriate measure they are trained and certified to take. Those actions may include: B. 1. Increased observation of the subject to detect obvious changes in condition; 2. Apply any first aid they are trained and certified to apply; and, 3. Secure the scene to protect the subject from any further injury. Documentation 1. Officers who use force on a subject will contact their supervisor immediately. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-019 Use of Less Lethal Force Effective Date 12/18/2013 8 of 9 2. The officer’s supervisor must be notified of all uses of force and must thoroughly investigate and determine when a Supervisor’s Investigative Report is required. 3. If a Supervisor’s Investigative Report is required, the supervisor is responsible for investigating the incident and for completing the report. 4. Upon completion of the report the supervisor will utilize the transfer function in IACMS to route the investigation to the next higher level in the chain of command for review and disposition. 5. There are additional requirements for use of force investigations involving CEW discharges. a. Supervisors should photograph the impact points before and after removal (if possible). b. A photograph should also be taken of the discharged cartridge, showing the wires and both probes. c. The supervisor must include a TASER™ Data Download report, covering the previous 24 hours. d. Complete the CEW addendum in the IA Case Management System. 6. Off-duty officers involved in use of force situations are subject to the same procedures as on-duty officers. When an off-duty officer is involved in a use of force situation, he or she will notify a police supervisor immediately. If the job or location has an off-duty supervisor assigned, that supervisor will complete the investigation and forward it to the officer’s chain of command. If there is no off-duty supervisor assigned, an on-duty supervisor from the division where the job is located should be contacted. Additionally, on-duty supervisors shall assist off-duty supervisors with investigations, as needed. 7. The Department has attempted to identify all situations where an IACMS investigation should be completed. Such an investigation is required in any situation that clearly involves a use of force. The following are some examples of situations where the completion of an IACMS investigation is required: a. An officer exercising police authority uses force which causes any visible or apparent physical injury, or which results in the subject saying that he or she was injured. b. An officer exercising police authority uses any object, including baton, flashlight, hand, fist, or foot, to strike a blow to a subject. c. An officer exercising police authority uses force that in any way causes a subject to suffer a blow to the head. d. An officer uses OC spray on a subject. e. An officer uses a CEW on a subject. Charlotte-Mecklenburg Police Department Use of Less Lethal Force Interactive Directives Guide Effective Date 12/18/2013 8. C. 600-019 9 of 9 f. An officer uses a less lethal option to affect the arrest or to control a subject. g. The Civil Emergency Unit or other specialized unit uses the less lethal option(s) to disperse rioters, mobs, crowds, or barricaded subjects. In this situation the commander of that unit will complete one Supervisor’s Investigative Report. h. A police canine bite. i. An officer exercises police authority on a subject resulting in the subject losing consciousness. An IACMS investigation is also required when no apparent use of force has occurred, but a subject has sustained visible injuries while fleeing from police or while in custody. These injuries are categorized as No Force Subject Injury (NFSI) investigations in the IACMS. Examples include: a. A subject fleeing from arrest and injures himself; b. A subject injures himself in any manner while handcuffed or in police custody. Witness of Use of Force by an Employee Any employee, who witnesses a use of force that is required to be reported, will notify a supervisor immediately and complete an Investigative Witness Form. D. E. VI. Notification 1. The investigating supervisor will notify the division commander and/or the Watch Commander as soon as possible whenever a CMPD employee has inflicted serious injuries. 2. If the force used is such that the affected individual requires hospitalization, the Watch Commander or division commander will notify the commander of the Internal Affairs Bureau immediately, regardless of the hour of the day. The existence of one or more Supervisor Investigative Reports documenting a use of force by an individual employee, by itself, cannot be the basis for discipline against that employee. REFERENCES 300-020 Police Critical Incident Stress 400-002 Firearms 600-018 Use of Deadly Force 600-019A Management of Conducted Electrical Weapons 600-020 Use of Force Continuum 500-003 Management of Subjects in Extreme Distress N.C.G.S. 15A-401(d) Charlotte-Mecklenburg Police Department Interactive Directives Guide Management of Conducted Electrical Weapons Effective Date 08/17/2012 I. 600-019-A 1 of 3 PURPOSE It is the purpose of this protocol is to provide direction to officers regarding the maintenance and management of the department issued Conducted Electrical Weapon. II. POLICY TASERs are complex electronic devices that require routine preventative maintenance to ensure proper functionality and accurate device data. This policy will provide guidance to officers and supervisors regarding the management of devices and the, preventative maintenance required to keep the devices in working order. III. PROCEDURES A. Equipment Management 1. 2. TASER™ repair will only be handled by CMPD sworn officers who are Technician certified by TASER™ International, and approved by the Training Academy. The Technician will also maintain records on each device in the current weapon assets management system. a. During both firearms qualification dates and firearms practice dates, all personnel issued the TASER™ will bring that device to the range-house where it will be inspected and a TASER™ download report run by the range staff. b. The TASER™ download report will be retained by the Training Academy Staff and a copy forwarded to the assigned unit for retention in the individuals personnel file. c. Corrective actions to include disciplinary actions will be initiated when any TASERs™ are found to be in violation of policy as outlined in 600-019 Use of Less Lethal Force. Preventative Maintenance a. Preventative Maintenance will be conducted quarterly by Certified Technicians and Assistant Technicians. b. The trigger will be tested during the quarterly maintenance by Certified Technicians and Assistant Technicians. c. Personnel who are issued a TASER™ are expected to keep the devices clean, removing dirt and debris that may accumulate in the holster. d. Personnel who are issued a TASER™ device will perform a daily spark test prior to the beginning of their shift. A spark test will only be done by utilizing the ARC switch. Charlotte-Mecklenburg Police Department Interactive Directives Guide Management of Conducted Electrical Weapons Effective Date 08/17/2012        600-019-A 2 of 3 A one second ARC display and toggle between the two cartridge bays. Will be done without unloading the X2 CEW. Point the CEW in a safe direction. Place the Safety Switch in the Up (ARMED) position. Depress the ARC Switch. Observe and hear both bays arcing. Use the ARC Switch to toggle between cartridge bays. The Spark Test is done by depressing the ARC Switch. Do not pull the trigger to conduct the Spark Test. e. 3. Personnel who are issued a TASER™ device will conduct a daily inspection of the device. Any damages or inoperable condition will be reported to their first line supervisor. Property and Evidence Management Division will maintain cartridges, holsters, and a set of TASER™ devices. a. Damaged cartridges can be exchanged by officers at the Property and Evidence Management Division. The damaged cartridge will be logged in, and a new cartridge issued to the officer. Damaged cartridges will be shipped back to the manufacturer for replacement. b. Discharged cartridges can only be exchanged for new cartridges by a supervisor. 1) If a cartridge was discharged in a use of force, the supervisor should have initiated a use of force investigative packet in the IACMS. 2) Supervisors will require a memorandum from any officer that has a negligent discharge of a TASER™ device. The supervisor will determine if any further investigation should be initiated. Negligently discharged cartridges should be handled as described in Section 3 - a above. c. If the battery is below 20% power it should be replaced with a new battery, which can be obtained through Property Control. d. Only approved CMPD issue batteries will be used in the TASER™ device. e. If the device is malfunctioning, the officer will turn in the TASER™ for a new device at Property and Evidence Management Division. A new device will be issued through the Quarter Master Inventory System by a Property and Evidence Management Division Technician. Charlotte-Mecklenburg Police Department Interactive Directives Guide Management of Conducted Electrical Weapons Effective Date 08/17/2012 f. IV. 600-019-A 3 of 3 Broken or damaged holsters or belt clips should be turned in to the Property and Evidence Management Division for replacement. REFERENCES 600-019 Use of Less Lethal Force 400-003 Equipment CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-020 Use of Force Continuum Effective Date 12/05/2011 1 of 2 The Use of Force Continuum is a guideline for officers in making critical use of force decisions. The above image illustrates the options that an officer has at each level of resistance. It should be noted that professional presence and verbal interaction are present at every level of resistance. Both State and Federal law require that all force be reasonable. In Graham v. Connor, the United States Supreme Court stated, "the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application, however, its proper application requires careful attention to the facts and circumstances of each particular case including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others and whether he is actively resisting arrest or attempting to evade arrest by flight". In addition, an officer should take into account his or her abilities. In deciding which level of control an officer should use, the officer should reasonably believe that a lower level of control is not sufficient and a higher level of control is not reasonably necessary. The Use of Force Continuum is not designed to be a step by step progression. Therefore, the escalation and de-escalation by the officer or the subject may not be sequential. In circumstances where our directive conflicts with the continuum, an officer should rely upon the directive. For example, officers are prohibited from shooting at a moving vehicle unless the officer believes that no other option is reasonably available. Levels of Resistance:  Non-Verbal and Verbal Non-Compliance: The subject expresses his intentions not to comply through verbal and non-verbal means. Statements by a subject ranging from pleading to physical threats may be encountered. This also includes physical gestures, stances, and subconscious mannerisms.  Passive Resistance: The subject does not cooperate with an officer’s commands, and does not take action to prevent being taken into custody. An example of this would be a protestor who lies down in front of a doorway, and must be carried away upon arrest. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-020 Use of Force Continuum Effective Date 12/05/2011 2 of 2  Defensive Resistance: Subjects engaging in defensive resistance take action to prevent being taken into custody. The goal of this action is escape, and not injury to the officer. This action may include twisting, pulling, holding onto fixed objects, or running away.  Active Aggression: At this level of resistance, the subject is intent on injuring the officer. This aggression may manifest itself through punching, kicking, striking, or any other action when apparent that the subject has the immediate means to injure an officer, another person or themselves.  Aggravated Active Aggression: Aggravated Active Aggression includes actions that are likely to result in the death or serious bodily injury to an officer. These actions may include discharge of a firearm, use of a blunt or bladed weapon, and extreme physical force. Levels of Control:  Professional Presence: The displays of visual images of authority as well as a professional manner are present at every level of resistance. This includes all symbols of police authority including the badge, uniform, and marked police vehicle.  Verbal Dialogue and Commands: Communication is critical to any potential use of force situation. This level of control includes any verbal requests, directions, or commands from the officer to a subject. Verbal interaction is present at every level of resistance.  Soft Empty Hand Control: These techniques are not impact oriented, and include pain compliance pressure points, takedowns, joint locks, and simply grabbing onto a subject.  Oleoresin Capsicum (OC) Spray: OC spray is approved for use in situations where the officer believes that the attempts to control a subject may result in injury to the subject or the officer. OC should be utilized at a range of 3 to 8 feet, and should be accompanied by loud verbal commands.  Hard Empty Hand Control: These techniques are impact oriented and include knee strikes, elbow strikes, punches, and kicks. Control strikes are used to get a subject under control and include strikes to pressure points such as the common peronneal (side of the leg), radial nerve (top of the forearm), or brachial plexus origin (side of neck). Defensive strikes are used by an officer to protect him or herself from attack and may include strikes to other areas of the body including the abdomen or head.  Conducted Electrical Weapon (CEW): The TASER device is used in situations where a subject presents an imminent physical threat to an officer, themselves, or another person.  Impact Weapon: Less Lethal impact weapon strikes are targeted towards major muscle groups. The common peroneal nerve on the side of the leg is the primary target for impact weapon strikes.  Lethal Force: Lethal force is any manner of force that is reasonably likely to cause death or serious injury. This includes, but is not limited to, the use of a firearm, striking the head or neck area with an impact weapon, or the choking of an arrestee. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 I. 1 of 16 PURPOSE The purpose of this policy is to provide officers with guidelines on the safe operation of police vehicles during emergency and pursuit situations and the tactics available to safely stop or slow down a pursuit. The Charlotte-Mecklenburg Police Department recognizes that officers have a duty to apprehend persons who violate the law and also have a duty to operate a police vehicle at all times with due regard for the safety of the public. This directive is for the internal use of this agency and does not enlarge any officer’s civil or criminal liability. Violations of this policy, if proven, shall be used solely for disciplinary purposes by this agency. The CMPD is committed to promoting public safety. Officers engaged in emergency driving or vehicle pursuits must continually balance the need to respond in an emergency mode or to pursue against all known risks posed to the general public, the officer, and in some circumstances the suspect. II. POLICY Officers are authorized to engage in emergency driving or pursuits in accordance with the guidelines of this policy and all applicable training. III. DEFINITIONS A. Caravanning: Occurs when an uncommitted unit follows the route of the pursuit utilizing emergency equipment in such a manner as to catch up with or maintain close proximity to the pursuit. B. Covert Vehicle Apprehension: A technique where officers, who have successfully completed the CMPD approved training, conduct a choreographed arrest of a wanted suspect involved in a crime dangerous to life when the suspect is an occupant of a vehicle. This technique will involve police vehicles surrounding the suspect vehicle while an arrest team performs the extraction of the wanted individual from the suspect vehicle. C. Committed Units: Any patrol units actively engaged in the pursuit or that has been authorized by a supervisor to assist. D. Crime Dangerous to Life: An offense that resulted, in death or serious bodily injury, or any act taken by the subject where the public or officer is threatened with serious bodily injury or death. e.g. the subject has used or threatened to use a weapon. E. Felony residential burglary/breaking or entering, where a continuous sequence of events immediately leads to the suspect, i.e. (Officers respond to a felony residential burglary/breaking or entering with a suspect vehicle description. Officers respond, discover a crime and observe a vehicle matching the description leaving the area. When officers attempt to conduct a traffic stop, the vehicle refuses to yield. F. Driver Training Unit (DTU): A CMPD unit assigned at the CMPD Training Academy to conduct State of North Carolina and Departmental law enforcement drivers training. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 2 of 16 G. Emergency Driving: Operating a police vehicle whenever the officer exceeds the speed limit or is requesting the right of way in response to either an emergency call for service or any situation where the officer can articulate a threat of serious injury to another person. This includes circumstances when an officer attempts to stop a vehicle and is required to exceed the speed limit or request the right of way or when an officer attempts to stop a vehicle and the driver of a vehicle flees or takes evasive action. H. Intercepting the Pursuit: Positioning an officer with a Tire Deflation Device (TDD) in a location to safely deploy the TDD before the pursuit arrives at their position. I. Marked Unit/Vehicle: Any vehicle operated by the Charlotte-Mecklenburg Police Department that is marked with CMPD decals on its exterior and is equipped with an audible siren and a roof-mounted blue light. Marked SUV’s are categorized as either pursuit rated or non-pursuit rated. Only pursuit rated marked SUV’s are permitted to engage in any pursuit per this policy. J. Parallel Pursuit: Occurs when an uncommitted unit operating emergency equipment or outside of traffic laws travels on a roadway different from the one on which the pursuit is occurring, in such a manner as to maintain close proximity and similar direction to the active pursuit. K. Precision Immobilization Technique (PIT Maneuver): A tactic used to stop a fleeing vehicle by initiating contact between the suspect vehicle and a police vehicle. L. Primary Pursuing Unit: The police unit immediately behind the suspect vehicle that engages in a pursuit, or any unit that assumes control of the pursuit. M. Public Harm: The degree of harm to the public posed by the actions of the suspect. It is comprised of the following elements: The harm inherent in the initial act or crime committed by the suspect, and the harm faced by the public should the suspect be allowed to escape and remain at large. N. Pursuit: Occurs any time an officer activates his or her emergency equipment and follows the subject in an attempt to stop the vehicle and the driver either flees and/or engages in evasive actions. O. Pursuit Risk: The degree of risk to the public posed by the pursuit itself. P. Rolling Roadblock: A tactic used by officers in which either of the pursuing vehicles pull in front of a fleeing vehicle, that is traveling over 5 mph, and reduces speed in an effort to slow or stop the fleeing vehicle. Q. Safe distance: As directed by the skills, principles and concepts of the Smith System™ of driving, the proper distance between vehicles traveling in the same direction of a roadway that will ensure proper braking and reaction time in the event that the lead vehicle stops, slows, or turns. R. Secondary Pursuing Unit: Any units authorized under this directive or at the direction of the supervisor to engage in the active pursuit. These units will serve as support to the Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 3 of 16 primary unit in the apprehension of the suspect or provide other assistance as needed. In the event the primary unit becomes disabled, the secondary unit may assume control of the pursuit. IV. S. Stationary Roadblock: Any method, restriction or obstruction utilized for the purpose of preventing free passage of a pursued motor vehicle in order to cause the apprehension of a suspect in that motor vehicle. T. Supervisor: The supervisor (sergeant or higher) who manages the pursuit. A pursuit is the responsibility of the field supervisor (sergeant) of the patrol division in which it began, regardless of which patrol division the involved officer(s) is assigned. In the event that the sergeant is engaged in the pursuit, or is otherwise not available, another sergeant will assume responsibility for the pursuit. U. Terminate: The language used by a supervisor (sergeant’s rank or higher) or officers engaged in the pursuit to clearly direct the pursuit to cease immediately; the use of this language directs all employees involved in a pursuit to immediately comply by slowing down to the posted speed limit, or stopping completely, and turning off all emergency equipment. V. Tire Deflation Devices (TDD) – Approved tools used to disable a vehicle pursuant to training and the TDD Standard Operating Procedure. W. Uncommitted Units: Any patrol units not actively engaged in the pursuit or authorized by a supervisor to assist. X. Unmarked vehicles: Any vehicle operated by the CMPD that is not marked externally but is equipped with sirens and internal front, and rear blue lights. PROCEDURES FOR EMERGENCY AND PURSUIT DRIVING Whenever an officer is driving a police vehicle, the officer will always drive with due regard for the safety of the public. A. Officers will always have their DMVR or Body Worn Camera (both if equipped) on and recording audio and video when engaged in emergency driving, a pursuit, or assisting with or responding to a vehicle pursuit. The CMPD approved video recording system should also remain on and recording when the decision is made to follow a vehicle after the pursuit has terminated. B. Procedures for Emergency Driving 1. An officer may initiate and continue to engage in emergency driving in the following circumstances: a. In response to a Priority 1 dispatched call for service in the officer’s talk group; b. In response to a self-assigned activity if the officer can articulate a threat of serious bodily injury to another person; Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 c. 4 of 16 In response to a self-assigned activity outside the officer’s talkgroup but only after obtaining specific approval from their supervisor. 2. The supervisor will monitor the talkgroup during the emergency call for service. When at least three (3) units have arrived on the scene, and the emergency call is still in effect, the supervisor will evaluate and request Communications close the talkgroup if necessary. Only the supervisor or an on-scene unit will make the determination when it is safe to open the talkgroup. 3. An officer, while engaged in emergency driving, will do so with due regard to the safety of others. The speed of an officer engaging in emergency driving must be reasonable and prudent and take into consideration the following factors: a. The need for the emergency response versus the risk to the public and officers. b. Seriousness of call for service (severity of the offense or violation) and officer’s knowledge of previous incidents. c. Pedestrian and vehicular traffic. d. Proximity of the officer to the actual location of the emergency call for service. e. Time of day, road conditions and environmental concerns such as weather and visibility. f. Type and condition of police vehicles involved. 4. An officer must operate both blue lights and siren when engaged in emergency driving. 5. Officers not responding to a call for service will comply with the posted speed limit and all traffic laws. 6. Officers responding to calls for service will operate their patrol vehicles with due regard to the safety of others. When requesting the right of way in the roadway and at intersections the officers will have their emergency equipment (lights and siren) activated. 7. Upon approaching a controlled intersection or confronted with traffic congestion, the officer will reduce the speed of the police vehicle. Police vehicles using blue lights and siren will not proceed through an intersection until all traffic has yielded the right of way to the police vehicle. 8. Vehicles not equipped with both blue lights and siren will not be operated as an emergency vehicle. Operators of vehicles not equipped with both blue lights and siren must always obey all traffic laws. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 9. 10. C. 5 of 16 Officers will always operate blue lights and siren under the following circumstances: a. At anytime an emergency response requires the officer to travel into opposing traffic. Officers required to travel into opposing traffic will do so only for brief circumstances and in a safe and prudent manner with due regard for the safety of the public. b. When attempting to catch up to another vehicle that would require the officer to exceed the posted speed limit or to drive in a manner not normally permitted by law. c. While attempting a u-turn in traffic for the purpose of attempting to catch up to another vehicle or to respond to any emergency call for service. Upon arrival at the scene of a call, the responding officer will rapidly evaluate the situation and determine whether additional units are needed or whether other units responding can cancel their emergency response or cancel their response to the call for service. Procedures for Preventing Pursuits 1. As part of the CMPD’s efforts to promote public safety in all aspects of law enforcement, officers should prevent a pursuit if possible. Officers anticipating a suspect will flee upon activation of blue light and siren are encouraged to utilize techniques and strategies to prevent a pursuit. If an officer has an articulable reason to believe that a suspect will flee and has prior authorization from a lieutenant or captain, then that officer may utilize techniques to prevent the pursuit in accordance with training. 2. 3. Officers may use the following techniques and strategies to prevent a pursuit from occurring: a. Tire Deflation Device: If an officer has an articulable reason to believe that a suspect will flee and probable cause that the suspect vehicle was involved in a pursuable offense is a stolen vehicle, or involved in a felony residential burglary/breaking or entering. b. Undercover Vehicles: To follow the vehicle until the suspect stops and can be approached on foot. c. Aviation Assets: To track and follow a suspect vehicle to its destination. d. Covert Vehicle Apprehension: Police vehicles surrounding the suspect vehicle while an arrest team performs the extraction of the wanted individual from the suspect vehicle. Officers may not use the following techniques to prevent a pursuit from occurring: Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 D. a. Stationary Roadblock b. Precision Immobilization Technique. c. Rolling Roadblock 6 of 16 Procedures for Pursuits – Primary Unit 1. Officers are authorized to engage and continue in a pursuit under the following circumstances: a. The officer has reasonable suspicion that the driver or occupant has committed or is attempting to commit a crime dangerous to life; b. The officer has probable cause that the driver or occupant has just committed a felony residential burglary/breaking or entering. c. The officer can articulate the exigent need to apprehend the suspect(s) because of potential harm to the public if they are not apprehended. (Public Harm) 2. Officers must always weigh the need to apprehend the suspect(s) against the danger created by the pursuit (Pursuit Risk). The danger created by the flight of the suspect cannot by itself constitute justification for the pursuit. 3. Only sworn police officers are permitted to engage in a pursuit. 4. An officer will not engage in a pursuit while transporting a prisoner, any civilian including civilian CMPD personnel. 5 Officers involved in a pursuit will operate their blue lights and siren and their DMVR or Body Worn Camera (both if equipped) on and recording audio and video in accordance with CMPD policy. 6. The responsibility for the decision to engage in a pursuit rests with the individual officer. Before engaging in and during a pursuit, an officer will consider the following factors: a. The seriousness of the crime committed by the suspect. b. The danger presented to the officers and citizens. c. The location of the pursuit,( residential neighborhood, school zones, open highway, etc.) d. Pedestrian traffic in the area. e. The type of terrain. f. Traffic conditions. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 7. E. 7 of 16 g. The posted speed limit. h. The weather conditions. i. The ability to keep his/her vehicle under control. j. The speed of his/her vehicle and that of the suspect. k. Whether the condition of the law enforcement vehicle has changed during the pursuit, (i.e., The police vehicle is no longer functioning in a manner allowing for safe operation). l. Whether the suspect can be apprehended at a later time with little risk of more violence or danger to the public. The officer engaging in a pursuit must notify the telecommunicator immediately that a pursuit is underway. The officer must provide the telecommunicator with the following information so that the officer’s supervisor will have the necessary information to evaluate the need to engage in, or terminate, the pursuit: a. Call sign. b. Specific reason or suspected offense for the pursuit. c. Location, direction of travel, speed, weather and traffic conditions. d. Suspect vehicle information. e. Number of occupants in the vehicle and if weapons are involved. f. Identity of suspect(s) and a description, if known. Tire Deflation Devices and Pursuit Interception 1. With supervisor approval, officers may utilize department issued Tire Deflation Devices (TDD) to prevent, slow or stop a pursuit. a. Only officers who have received the required training may deploy a TDD. Training will be provided by a designated trainer and will include review of the TDD training video and practice in the proper deployment of TDD’s. b. Before deploying a TDD, officers will consider the following factors: c. 1) The proximity and vulnerability of the public; 2) The position and location of property; 3) The proximity and vulnerability of officers and police vehicles. TDD’s shall not be deployed: 1) Within approximately 300 feet prior to a major intersection; Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 2. 8 of 16 2) On motorcycles or vehicles with two or three wheels, including allterrain vehicles; 3) On streets with heavy traffic, congestion, or construction; 4) On or unreasonably close to a curve, or slope in the roadway; 5) On wet or slick surfaces, gravel or loose pavement; 6) On bridges or overpasses. Stationary Vehicle If an officer has an articulable reason to believe that a suspect will flee and probable cause that the suspect vehicle was involved in a pursuable offense, is a stolen vehicle, or involved in a felony residential burglary/breaking or entering then officers may utilize TDD’s. The TDD should be deployed as follows on a stationary vehicle: a. In between the front and rear tires of the stationary target vehicle allowing two (2) feet of travel distance in either direction; or b. Approximately two (2) feet ahead of the front tire; or c. Approximately two (2) feet behind the rear tire. d. Officers may deploy multiple stationary TDD’s when officers have reason to believe the target vehicle may flee by going forward or in reverse. ™ Note: Stop Stick may also be used on stationary vehicles when stationary TDD’s are not available. 3. Pursuit Interception With the permission of the Supervisor in charge of the pursuit, Sergeant or higher ranking Command Staff personnel, Officers are authorized to intercept the pursuit by positioning an officer with a TDD in a location to safely deploy the TDD before the pursuit arrives at the officer’s position. Officers will not attempt to outrun a pursuit or pass a vehicle being pursued. Officers are authorized to use all emergency equipment to respond to that location while adhering to all Emergency Response policies. 4. Supervisors will monitor and assist responding units in coordinating the deployment of the TDD. 5. A TDD must be deployed from locations that permit officers to clearly observe the vehicles involved in the pursuit and other traffic as it approaches. In addition, it must be deployed from a location that allows officers to maintain protective cover from moving vehicles. Officers must use extreme caution to avoid crossing the path of an ongoing pursuit. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 F. 9 of 16 6. When an officer deploys the TDD, the officer must notify Communications and his/her supervisor that the TDD has been deployed and the location. Communications will immediately advise units involved in the pursuit where the TDD is located. 7. Officers are NOT authorized to deploy TDD’s at License or DWI Checkpoints unless the violation is in compliance with Directive 600-022 Emergency Response and Pursuit Vehicle Operations. Secondary Units A secondary unit is authorized to actively engage in a pursuit, after the officer notifies the telecommunicator that he or she will be engaging in the pursuit as a secondary unit. G. 1. At the direction of the primary unit, the secondary unit will assume the responsibility for radio communications. 2. At no time will police vehicles pass each other while engaged in a pursuit unless circumstances require the vehicles to change positions, and it can be done safely. The changing of positions must be clearly communicated between the involved officers and each must acknowledge their intended actions. 3. The secondary unit will maintain a safe distance behind the primary unit, but remain close enough to render backup assistance if, and when, required. 4. If the primary unit becomes disabled, the secondary unit will become the primary unit. The next authorized unit to join the pursuit will be designated as the secondary unit. Uncommitted Patrol Units Uncommitted patrol units may not engage in any pursuit that already has a primary and secondary unit unless authorized by the supervisor to become a committed unit in the pursuit. Uncommitted units that are in close proximity to the pursuit may make an emergency response toward the pursuit until advised that a secondary unit is engaged in the pursuit. Once the secondary unit is in place officers must discontinue any emergency response unless approved by their supervisor. H. Any DMVR or Body Worn Camera (both if equipped) audio and video activated during the response will remain activated for the duration of the pursuit. Once an uncommitted unit becomes the secondary unit, all other responding units must discontinue their emergency response and turn off all emergency equipment. The secondary unit must advise Communications and their supervisor when this occurs. 1. Uncommitted patrol units in the area may move toward the vicinity of the pursuit while obeying all traffic laws and not using emergency equipment. Uncommitted units will not leave their assigned patrol division without the supervisor’s authorization. The Events 4 channel will be patched to the primary talk group to facilitate assistance from other CMPD units and outside agencies. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 I. J. 10 of 16 2. At no time will uncommitted units engage in caravanning unless authorized by a supervisor. 3. All other uncommitted units will remain aware of the direction and progress of the pursuit, but will not actively participate. 4. Uncommitted units will make every effort to avoid crossing the path of an oncoming pursuit. 5. Canine Officers may be authorized by a pursuit supervisor to utilize emergency driving to maintain relatively close proximity to the pursuit. Canine officers should not attempt to become active participants of the pursuit. However, Canine Officers should remain close to the pursuit to be able to assist with the deployment of canine resources to effect an arrest. Unmarked vehicles 1. Unmarked vehicles equipped with sirens and internal front and rear blue lights are authorized to initiate and engage in a pursuit with supervisory approval for a felony dangerous to life until a marked unit arrives to take the primary position. Unmarked vehicles will not engage in a pursuit unless there are no marked units available. 2. Once two marked cars are engaged in the pursuit, the unmarked vehicle will disengage unless otherwise instructed by the supervisor. 3. A supervisor may authorize unmarked vehicles to remain engaged in a pursuit when there are no marked units available, otherwise the unit must terminate the pursuit. Unmarked units may attempt to follow and observe the suspect vehicle while obeying all traffic laws and turning off their emergency equipment. SUV’S Only SUV’s that are pursuit rated and equipped with emergency lights and siren may initiate and engage in emergency driving or pursuit. SUV’s that are not pursuit rated are marked as such with a dashboard decal and will not initiate or engage in a pursuit. They may, however, follow a fleeing vehicle while obeying all traffic laws; keeping the suspect in sight if possible, or providing assistance to other marked units as necessary. Nonpursuit rated SUV’s may use lights and siren in response to calls for service when those calls require an emergency response, such as a K-9 request. All SUV’s currently assigned to patrol are pursuit rated. K. Motorcycles Motorcycles are authorized to initiate a pursuit, however, they cannot engage in an ongoing pursuit. In the event that the motorcycle initiates a pursuit, the motorcycle will only pursue until a marked car arrives to take the primary position or the prevailing conditions dictate otherwise. The motorcycle cannot remain as the secondary unit unless the primary pursuing unit is another motorcycle. When a marked car is engaged Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 11 of 16 in the pursuit, the motorcycle will disengage unless otherwise instructed by the supervisor. Dual Sport motorcycles are not authorized to engage in pursuits. L. Helicopter Units Once the helicopter has visual contact of the pursuit, the helicopter may assume the responsibility as the primary unit. With the assistance of the helicopter, the original primary and secondary, or additional (as determined by the pursuit supervisor), ground units will continue their response towards the location of the suspect vehicle and the supervisor will continue to evaluate the situation and determine the hazards related to the pursuit. M. 1. The helicopter unit may assume primary radio responsibilities once visual contact is made with the suspect vehicle and must constantly give updates on the pursuit conditions and location of the suspect vehicle to ground units. 2. If the helicopter unit has engaged in a pursuit that proceeds into South Carolina, it is authorized to remain engaged. Supervisor Responsibilities Upon notification, the supervisor of the division that initiated the pursuit will notify communications and officers over the air that he/she is taking command and has responsibility for the pursuit and will ensure compliance with all policies. 1. 2. In allowing a pursuit to continue, the supervisor will carefully consider: a. The seriousness of the crime committed by the suspect; b. The danger presented to the officers and citizens; c. The location of the pursuit; d. The population of the area; e. The type of terrain; f. Traffic conditions; g. The posted speed limits; h. The weather conditions; i. The ability of the pursuing officer(s) to keep the patrol vehicle under control; j. The speed of the pursuing officer(s) patrol vehicle and that of the suspect. The supervisor will allow the pursuit to continue only after the risks created by the pursuit have been carefully weighed against the need to continue the pursuit. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 3. N. 12 of 16 A pursuit normally must not involve more than the primary unit and one secondary unit. The supervisor may authorize additional units as deemed necessary after evaluating: a. The nature of the offense. b. The number of suspects and possible weapons involved. c. Whether the participating units have more than one officer. d. Whether clear and articulated facts would warrant additional units, including the involved units requesting additional officers. Division Lieutenant/Division Captain/Watch Commander Responsibilities Upon notification, the Division Lieutenant, Division Captain, or Watch Commander will evaluate the pursuit, to determine whether or not to terminate the pursuit, if appropriate. Clear verbal communication must take place when supervisory command over the pursuit is transferred from one supervisor to another, regardless of the rank structure involved. O. Communications Responsibilities Communications personnel will follow all internal standard operating procedures governing pursuits including: 1. The dispatcher will immediately close the primary talk group to all routine transmissions not related to the pursuit. Only emergency radio transmissions and transmissions directly related to the pursuit will be allowed. 2. The dispatcher will ensure that the division and communications supervisors are notified of the pursuit. 3. The dispatcher will patch the division talk group that the event originates from with Events 4. 4. The dispatcher will notify the communications supervisor of the channel patching. 5. The communications supervisor will have all other dispatchers issue an alert tone and announce that Events 4 has been activated and the originating division of the event along with a brief narrative of the event. This will ensure that the entire department is aware of the potential that the pursuit might impact their division. The communications supervisor will also alert the support units (VCAT, TRAP, Vice/Narcotics, Air ops/K9) of the activation of Events 4. 6. The communications supervisor will work in tandem with the supervisor in charge of the pursuit to ensure that all policies and procedures are followed. Although the duties of the communications supervisor may vary or depending on Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 13 of 16 the length of the pursuit and the seriousness of the crime involved; the primary duties are as follows: P. a. Monitor the traffic concerning the pursuit. b. Assure that the correct channels are patched in (specifically Events 4). c. Send out notifications as necessary. d. Assist the dispatcher, as needed, with requesting any necessary support units, or notifying surrounding jurisdictions or agencies of the pursuit. 7. All assisting units, no matter the talkgroup they are assigned, can switch to Events 4 (one turn of the radio knob counter clockwise from the main dispatch channel on the handheld radio) to monitor the event. (SHP, CFD, MCSD, MEDIC and all other Law Enforcement agencies in Mecklenburg County have Events 4 on their radio template). 8. The dispatcher will ensure notification of other agencies of the status and location of the pursuit when a pursuit appears to be headed into another jurisdiction. This includes notifications to the appropriate South Carolina agencies for pursuits headed toward South Carolina. 9. At the completion of the pursuit, the incident commander will determine if the division’s talk group where the pursuit ends will be patched into Events 4 also. All traffic will still be broadcast over Events 4 and any other officer involved will switch to Events 4 to monitor or assist. The communications supervisor will determine which dispatcher will take the lead on the channel. 10. Once the event is terminated and the scene is secure, an announcement will be made notifying everyone that Events 4 is no longer in use. 11. The dispatcher will immediately notify any outside agency that was informed of the pursuit, when a pursuit is terminated by the CMPD. Terminating Pursuits The primary unit may maintain pursuit as long as it is reasonable and prudent to do so. However, a decision to terminate a pursuit may be the most appropriate course of action. Officers must continually question whether the seriousness of the crime justifies continuation of the pursuit. 1. Any doubt concerning the reasonableness of a pursuit should be resolved in favor of the safety of officers and the public. A pursuit will be terminated: a. If, in the opinion of the pursuing officer or the supervisor, there is an unreasonable danger to the officer(s) or the public which is created by the pursuit. b. If the prevailing traffic, roadway, and environmental conditions create an Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 14 of 16 unreasonable danger if the pursuit is continued. Q. c. If the pursued vehicle's location is no longer known; or it becomes futile to continue the pursuit because the suspect vehicle is traveling a substantial or increasing distance ahead of the pursuing police vehicle. d. When notified to do so by the supervisor or communications personnel acting on the authority of the supervisor. e. When communication with the dispatcher or the officer’s supervisor is lost or unreadable. In any event, the officer will reestablish communication as soon as possible. 2. When the identity of the operator of the pursued vehicle is known and the violator is not presenting an immediate danger to other persons, officers and supervisors will consider terminating the pursuit. 3. Officers must immediately notify communications personnel when a pursuit has been terminated. Officers must give the last known direction of travel of the suspect vehicle and all known descriptions. 4. The termination of a pursuit does not prohibit an officer from continuing to follow a vehicle while complying with all traffic laws. 5. Officers will not pursue a fleeing vehicle that is traveling into opposing traffic (e.g., a suspect traveling north in the south travel lane of the interstate). Officers may utilize oncoming lanes of travel in brief circumstances where there is no opposing traffic. For example an officer passes a vehicle on a two lane road with no opposing traffic nearby. 6. Officers will use discretion and sound judgment to determine whether or not to continue the pursuit. If the pursuit is not terminated, officers will travel in the correct travel lanes and continue to operate blue lights and siren. Re-Engagement If an officer engages in a pursuit of a fleeing vehicle which has been previously pursued by the police and has been lost, it will be considered a new pursuit and treated accordingly by immediately making the proper notifications. V. INTER-JURISDICTIONAL PURSUITS In any inter-jurisdictional pursuit, all CMPD policies are in effect. Violations of Departmental policies by officers of CMPD, or any other law enforcement agency involved in a CMPD pursuit, will result in termination of the pursuit. A. Counties within North Carolina 1. When officer safety dictates, the supervisor will instruct Communications personnel to request assistance from the North Carolina Highway Patrol or other Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 15 of 16 appropriate jurisdiction. SHP can be notified of a fleeing vehicle but under no circumstances will SHP be called to initiate a pursuit on CMPD’s behalf for an offense that would not otherwise be permitted by this directive. B. 2. The CMPD will maintain control of all Charlotte-Mecklenburg pursuits. If other agencies become involved in the pursuit, CMPD officers will weigh the risks in determining whether they should terminate their own involvement in the pursuit. 3. Officers will not become involved in another agency's pursuit unless specifically authorized by a supervisor. Authorization to engage in another agency’s pursuit also extends to the use of TDD but only with due consideration of the ability to communicate with the other agencies and weighing the inherent risks. Pursuits into South Carolina 1. VI. Since a reciprocal agreement with South Carolina exists, officers may pursue across the state line when engaged in an immediate continuous vehicle pursuit for crimes dangerous to life and in accordance with this directive. a. The officer shall operate blue lights and siren inside South Carolina when engaged in a justifiable pursuit. b. If the CMPD is notified that a suspect has been apprehended in South Carolina by South Carolina authorities, Charlotte-Mecklenburg police officers may proceed into South Carolina to assist in the investigation and identification of the suspect. 2. CMPD will maintain control of all Charlotte-Mecklenburg pursuits. If South Carolina Law Enforcement agencies become involved in the pursuit, CharlotteMecklenburg police officers will weigh the risks in determining whether they should terminate their own involvement in the pursuit. 3. Under no circumstance will an officer return an arrestee to North Carolina unless the suspect has first waived extradition before a South Carolina Magistrate authorized by law to accept waivers of extradition. INVESTIGATION OF PURSUITS A. Whenever a police officer is involved in a pursuit, it is the responsibility of the supervisor in charge of the pursuit to complete a pursuit investigation in the IACMS and forward it through their Chain of Command. B. The pursuit investigation will be reviewed by the entire Chain of Command. A determination will be made at each level on whether or not all CMPD guidelines were met. Each level in the Chain of Command will make a recommendation with regard to each officer involved in the pursuit. C. Whenever a pursuit results in serious injury requiring hospitalization or death, the responsible Chain of Command, the Internal Affairs Bureau, and the Police Attorney’s Office will be immediately notified. Charlotte-Mecklenburg Police Department 600-022 Interactive Directives Guide Emergency Response and Pursuit Vehicle Operations Effective Date 08/21/2014 VII. 16 of 16 D. Internal Affairs or the appropriate Chain of Command may make a recommendation to the Chief of Police to convene a Chain of Command Review Board to examine the pursuit case. E. The Internal Affairs Bureau will undertake an annual analysis of all of the previous year’s pursuits and publish the results of that analysis in a report to the Chief of Police. This report will also be made available to the public. F. The Internal Affairs Bureau and the Policy Management Group will conduct an annual review of the Emergency Response and Pursuit Vehicle Operations policy. Any recommended changes will be made to and approved by the Chief of Police or his/her designee. REFERENCES 400-005 Mobile Video Recordings (MVR) 600-018 Use of Deadly Force SC Legislation: S.C. Code § 17-13-47 (2006) Tire Deflation Device SOP N.C.G.S. 20-156 N.C.G.S. 20-145 NC Attorney General Model Policy CALEA Charlotte-Mecklenburg Police Department Tire Deflation Device Standard Operating Procedure Effective Date 04/16/2010 I. SOP 1 of 5 PURPOSE To provide guidelines to Charlotte-Mecklenburg Police Officers for the use of Tire Deflation Devices (TDD’s). II. POLICY CMPD recognizes that the proper use of TDD’s may prevent pursuits or end a pursuit in a safe and controlled manner. TDD’s may be deployed in circumstances that do not expose the officer or the public to an unreasonable risk of injury or property damage. III. IV. DEFINITIONS A. TDD: Tire Deflation Devices used by the CMPD to slow a vehicle that is refusing to heed blue lights and siren or prevent a stationary vehicle from moving. B. Driver Training Unit (DTU): A unit assigned at the CMPD Training Academy to conduct State of North Carolina and Departmental law enforcement drivers training. C. Stop Stick TM: A nine foot folding TDD designed to reduce the operating speed of suspect vehicles and turn a high speed pursuit into a lower speed pursuit. D. Stationary TDD: A three foot single TDD designed for the use on a stationary target vehicle. PROCEDURE A. Only officers who have received the required training may deploy a TDD. Training will be provided by a designated trainer and will include review of the TDD training video and practice in the proper deployment of TDD’s. B. The Training Division/DTU will retain documentation of successful training. C. The DTU will maintain documentation of TDD usage and warranty service through the TDD provider. D. Officers must deploy a TDD according to established training procedures and this directive. E. Before deploying a TDD, officers will consider the following factors: 1. The proximity and vulnerability of the public; 2. The position and location of property; and 3. The proximity and vulnerability of officers and police vehicles. Charlotte-Mecklenburg Police Department Tire Deflation Device Standard Operating Procedure Effective Date 04/16/2010 F. SOP 2 of 5 TDD’s shall not be deployed: 1. Within approximately 300 feet prior to a major intersection; 2. On motorcycles or vehicles with two or three wheels, including all terrain vehicles; 3. On streets with heavy traffic, congestion, or construction; 4. On or unreasonably close to a curve, or slope in the roadway; 5. On wet or slick surfaces, gravel or loose pavement; and 6. On bridges or overpasses. G. Officers deploying the TDD will advise communications verbally of the location of deployment and any other information pursuing officers need to know for safety reasons. H. When a target vehicle is stationary, a stationary TDD’s may be deployed whenever a pursuit may be justified under CMPD Directive 600-022 Emergency Response and Pursuit Vehicle Operations. 1. 2. I. The stationary TDD should be deployed as follows: a. In between the front and rear tires of the stationary target vehicle allowing two (2) feet of travel distance in either direction; or b. Approximately two (2) feet ahead of the front tire; or c. Approximately two (2) feet behind the rear tire. If the suspect flees after deployment of the TDD, then officers will attempt to stop the vehicle using lights and siren. If the vehicle refuses to stop, Officers may enter into a pursuit pursuant to the guidelines set forth in CMPD Directive 600-022 Emergency Response and Pursuit Vehicle Operations. Officers may deploy multiple stationary TDD’s when officers have reason to believe the target vehicle may flee by going forward or in reverse. Note: Stop Stick TM may also be used on stationary vehicles when stationary TDD’s are not available. Charlotte-Mecklenburg Police Department Tire Deflation Device Standard Operating Procedure Effective Date 04/16/2010 J. SOP 3 of 5 License and DWI Checkpoints Officers are NOT authorized to deploy TDD at License or DWI Checkpoints unless the violation is in compliance with Directive 600-022 Emergency Response and Pursuit Vehicle Operations. K. L. Preventing Pursuits 1. Pursuant to Directive 600-022 Emergency Response and Pursuit Vehicle Operations, if an officer has an articulable reason to believe that a suspect will flee, then that officer may utilize techniques to prevent the pursuit in accordance with training. An example of an articulable reason would be if officers are following a known violent offender who has fled from police on previous occasions. 2. TDD’s may be used on vehicles which officers anticipate will flee. Pursuits 1. Directive 600-022 Emergency Response and Pursuit Vehicle Operations, must be followed. 2. A Stop Stick TM may be used to slow or stop a suspect vehicle that is involved in a pursuit. 3. A Stop Stick TM may be deployed when the officer equipped with the TDD is located sufficiently ahead of the pursuit and has a reasonable amount of time to safely deploy the device before the pursuit arrives at the location. Officers will follow the guidelines provided in sections E and F of this SOP. 4. Pursuit Interception – At the request from the Supervisor in charge of the pursuit, Division Captain, Watch Commander or any higher ranking officer, officers are authorized to intercept the pursuit. Intercepting the pursuit is defined as positioning the officer with a TDD in a location to safely deploy the TDD before the pursuit arrives at their position. Officers will not attempt to outrun a pursuit or pass a vehicle being pursued; however, officers are authorized to use all emergency equipment to respond to that location. 5. Supervisors must monitor and assist responding units in coordinating the deployment of the TDD. 6. A TDD should be deployed in locations that permit officers to clearly observe the vehicles involved in the pursuit and other traffic as it approaches. In addition, it should be deployed in a location that allows officers to maintain protective cover from moving vehicles. Officers must use extreme caution to avoid crossing the path of an ongoing pursuit. Charlotte-Mecklenburg Police Department Tire Deflation Device Standard Operating Procedure Effective Date 04/16/2010 M. SOP 4 of 5 7. When an officer deploys the TDD, the officer must notify communications and his or her supervisor that the TDD has been deployed. Communications will immediately advise units involved in the pursuit where the TDD is located. 8. After successful tire deflation, officers will continue to follow behind the suspect vehicle with blue lights and siren until the vehicle comes to a stop. Division Captain or Watch Commander If during extreme circumstances officers can articulate the need to apprehend a known violent offender the Division Captain, Watch Commander or higher ranking Command Staff member can authorize the use of TDD. For example a stolen vehicle is driven by a known violent offender. Another example would be if officers respond to an auto theft call and get a suspect vehicle description. When officers locate the suspect driving that vehicle near the call, they recognize him as a suspect in several armed robberies. N. Replacement and Maintenance of TDD’s The deploying officer’s supervisor will notify the DTU following any deployment (successful or unsuccessful) of the TDD using the TDD Deployment Form. The DTU will replace any parts used during the deployment of the device. The DTU will be responsible for replacement and warranty service for each deployed TDD. O. Reporting Procedures 1. Successful deployments during a pursuit will be documented in the IACMS pursuit package. 2. Any other successful deployment of a TDD resulting in the disabling of a suspect vehicle will be reported through the IACMS. 3. Deployments on a vehicle in error: a. The use of a TDD causing damage to a vehicle not involved in the pursuit will be reported in the Supervisor's Investigative Reporting Package. b. If necessary, assist the driver/owner with making arrangements for the towing of the vehicle. c. The supervisor in charge of the pursuit shall complete a KBCOPS Miscellaneous Incident Report including all victim information and forward the report to the City of Charlotte Risk Management Division within 72 hours. The supervisor should also contact Risk Management Charlotte-Mecklenburg Police Department SOP Tire Deflation Device Standard Operating Procedure Effective Date 04/16/2010 5 of 5 by phone (704-336-3301) as soon as possible and provide details of the incident, including the driver/owner’s name. d. V. Advise the owner/driver to contact Risk Management to report the loss and that Risk Management determines whether a claim may be paid. Provide the owner/driver with a copy or number of the Miscellaneous Incident Report and the phone number for Risk Management. REFERENCES 600-009 Traffic Enforcement Procedures 600-022 Emergency Response and Pursuit Vehicle Operations N.C.G.S. 20-145 N.C.G.S. 20-156 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Diplomatic Immunity, Consular and Military Notification Procedure Effective Date 04/30/2012 I. 600-023 1 of 5 PURPOSE To establish notification procedures whenever a foreign national is arrested or detained for an extended period of time and to establish procedures for special enforcement situations involving persons with limited or full immunity from law enforcement activities and notification procedures for incidents involving active duty armed forces personnel. II. POLICY Officers have an obligation to advise foreign nationals that they have a right to request that CMPD notify their consul of their arrest or detention. In certain circumstances, CMPD has an obligation to notify the foreign national’s consul regardless of the foreign national’s wishes. Officers will adhere to and respect the principles of diplomatic immunity when encountering individuals who are entitled to claim limited or full immunity. While officers must recognize the immunity of the individual, officers will not ignore or condone violations of the law or the commission of crimes by those with diplomatic immunity. Officers will notify a supervisor whenever they arrest any local, state or congressional legislative or government official. III. DEFINITIONS A. Diplomatic Immunity: A principle of international law in which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities for both their official, and to a large extent, their personal activities. B. Diplomat: An officer of a foreign government that is assigned to an embassy in Washington, DC; also known as Diplomatic Officers, they enjoy the highest degree of privileges and immunity. C. Consular Officer (Consul): A citizen or lawful permanent resident of foreign country employed by a foreign government and authorized to provide assistance on behalf of that government to that government’s citizens in the United States. D. Foreign National: Any person who is not a United States citizen. E. Dual National: A person who is a citizen of two or more countries. A person who is a citizen of the United States and another country will be treated exclusively as a U. S. citizen when in the United States. A person who is a citizen of two or more countries other than the United States will be treated in accordance with the rules applicable to each or all of those countries. F. Legislator: A member of Congress (i.e., Senate or the House of Representatives) and legislators for the State of North Carolina. G. Armed Forces Personnel: Regular members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and Reservists who are on active duty. Charlotte-Mecklenburg Police Department Interactive Directives Guide Diplomatic Immunity, Consular and Military Notification Procedure Effective Date 04/30/2012 IV. V. 600-023 2 of 5 DIPLOMATIC IMMUNITY A. Diplomatic Immunity does not exempt diplomatic and consular officers from the obligation of conforming to national and local laws and regulations. B. Whatever the offense or circumstances of contact, law enforcement officers must keep in mind that such persons are official representatives of foreign governments who are to be accorded the maximum degree of respect possible under the circumstances. C. For a violation of a motor vehicle law, officers are authorized to issue a citation, but no arrest will be made. A copy of the citation and other documentation regarding the incident must be submitted to the Records Division for forwarding to the U.S. Department of State as soon as possible. 1. In serious cases (e.g., DWI, personal injury crashes), telephonic notification to the U.S. Department of State must be made. 2. If the officer judges the individual too impaired to drive safely, the officer must not allow the individual to continue to drive. Officers are authorized, with the individual’s permission, to take the individual to the police station or other location where the individual will recover sufficiently to drive. Officers are authorized to summon a friend or relative to drive or call a taxi for the individual. D. The property of a person possessing full immunity, including the individual’s vehicle, cannot be searched or seized. Such vehicles cannot be impounded or booted but will be moved the distance necessary to remove them from obstructing traffic or endangering public safety. E. For other criminal violations, including felonies, the U.S. Department of State will request a waiver of immunity if the local prosecutor indicates they will prosecute if the waiver is granted. If the country of the person with immunity does not waive immunity, the individual with immunity will be required to depart the United States. CONSULAR NOTIFICATION A. Consular notification applies to any person who is not a United States citizen. This includes permanent resident aliens and non-citizens who may or may not be in the country legally. Any person may decline the offer of consular notification; however, the notification must be made if he/she is from one of the 57 “mandatory notification” countries. B. Whenever a foreign national is arrested or detained for more than one (1) hour, the arresting officer or detaining officer will advise the foreign national of the right to have their country’s consulate notified of their situation. C. The notification process will begin at the time the foreign national is detained or when the arrested foreign national is booked into the detention facility. The arresting officer is responsible for implementing the notification process. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-023 Diplomatic Immunity, Consular and Military Notification Procedure Effective Date 04/30/2012 3 of 5 D. Determine if the person under arrest or in custody is a foreign national by asking the individual if they are a citizen of the United States; asking the individual where they were born; and/or by examining documents such as passports and alien registration documents. E. Determine whether or not the country is a “mandatory notification”. If not on the mandatory notification list, then the foreign national is from an “upon request” country. 1. 2. The following procedures will apply to those foreign nationals from “mandatory notification countries: a. The list of mandatory notification countries and contact information can be accessed at http://travel.state.gov. b. Notify the nearest consulate of the foreign national’s country via fax as soon as reasonably possible, and must be accomplished before the end of the arresting officers shift. c. Telephone notification can be used if fax is not available. Document the name and location of the consulate officer notified and date/time. If possible make an audio recording of the telephone call and retain in the case file. d. Notify the consulate even if the foreign national does not want notification. e. Never tell the consular officer that a foreign national has requested asylum. If the consular officer insists on information the foreign national does not want disclosed, notify an on-duty supervisor and refer to the Consular Notification Guide for procedures to follow. f. Inform the foreign national that his/her consulate has been notified. Sample statements in several languages can be accessed at http://travel.state.gov. g. Make a note of the completed notification in the case file and retain the fax and fax confirmation sheet. The following procedures will apply to those foreign nationals from “upon request” countries: a. Inform the foreign national that he/she may have his/her consulate notified of the arrest or detention. Sample statements in several languages can be accessed http://travel.state.gov. b. Make a note of the foreign national’s decision regarding notification in the case file. Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-023 Diplomatic Immunity, Consular and Military Notification Procedure 4 of 5 Effective Date 04/30/2012 F. VI. VII. c. If the foreign national requests notification, notify the nearest consulate of the foreign national’s country via fax as soon as reasonably possible but no later than 72 hours after arrest. d. Telephone notification can be used if fax is not available. Document the name and location of the consulate official notified and date/time. If possible make an audio recording of the telephone call and retain in the case file. e. Contact information http://travel.state.gov. f. Officers will not make the consular notification if the individual refuses notification, and the person is not from one of the “mandatory notification” countries. g. Never tell the consular officer that a foreign national has requested asylum. If the consular officer insists on information the foreign national does not want disclosed, notify an on-duty supervisor and refer to the Consular Notification Guide for procedures to follow. h. Make a note of the completed notification in the case file and retain the fax and fax confirmation sheet. for consulates can be accessed at Officers will make consular notification when investigating the death of any foreign national. Document this notification in the incident report and retain a copy of the fax and fax confirmation sheet in the case file. CONGRESSIONAL AND STATE LEGISLATORS A. Members of the United States Congress will, in all cases, except treason, felony, and breach of the peace, be immune from arrest during their attendance at the session of their respective House, in going to and returning from their respective House, and for any speech or debate in either House. This applies to members of the United States Congress in transit within Mecklenburg County. B. Members of the State Legislature in some cases have the same immunity granted to Congress, and will remain immune from arrest while attending, going to, or returning from a session of their respective Houses. This applies to members of the State Legislature in transit within Mecklenburg County. C. There are no North Carolina laws which exempt any state or local officials, either appointed or elected, from federal, state and local laws. The issuance of a warning, traffic citation, or a physical arrest is authorized whenever lawful except as noted in section VI.B, above. MILITARY PERSONNEL Charlotte-Mecklenburg Police Department Interactive Directives Guide Diplomatic Immunity, Consular and Military Notification Procedure Effective Date 04/30/2012 VIII. 600-023 5 of 5 A. Military personnel whose permanent residence or permanent duty station is located outside of North Carolina will be treated as non-residents of North Carolina. All others will be treated as residents. B. There are no laws which exempt active duty military personnel from federal, state and local laws. C. When arresting a military person for a violation of a motor vehicle law for which the person was released on a summons or a predetermined bail, it is left to that person’s discretion to advise his/her Chain of Command regarding the arrest and possible pending court appearances. D. When arresting a military person for an offense for which the person is required to post bail or await bail hearing, that person is to provide his/her unit of assignment, and the 1st Sergeant/Command Chief’ name and contact information. The arresting officer will call that supervisor to inform him/her of the incarcerated status of his/her military person. E. In the event the military person is not cooperative or cannot (in case of injury) provide said information, then notification should be made to the nearest Provost Marshall or Security Police office and assistance should be requested in notifying the appropriate Chain of Command. A follow up should be made by the arresting officer to verify the appropriate notification was made and documented. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Electronic Recording of Interviews /Interrogations Effective Date 03/13/2009 I. 600-024 1 of 3 PURPOSE To establish guidelines for the electronic recordings of interrogations and interviews. II. III. IV. POLICY A. This policy sets forth the requirements for the electronic recording of interrogations and interviews with suspects, victims and witnesses for felony crimes as set forth below. Supervisors shall have the discretion to authorize additional electronic recordings. B. All custodial interrogations in homicide investigations conducted at any place of detention shall be electronically recorded as more fully described in this directive and in accord with N.C.G.S. §15A-211. DEFINITIONS A. Interview/Interrogation: Communication between a police officer and another person that requires skills that will allow the police officer to attempt to objectively obtain accurate and truthful information from the other person. B. Suspect Interview/Interrogation: A custodial or non-custodial interview/interrogation conducted by an officer investigating an alleged crime with a person who is, based on the evidence developed to date, thought to be involved in the crime. An interview/interrogation includes all conversation between the officer and the suspect during the rapport building phase, obtaining the Miranda waiver, and any video or audio recorded interview/interrogation. C. Audio Interview/Interrogation: Use of the digital voice recorder (DVR) to capture the audio of an interview/interrogation that is an authentic, accurate, and an unaltered record. D. Video Recorded Interview/Interrogation: Use of a video camera to capture both the audio and video of an interview/interrogation that is an authentic, accurate and an unaltered record. E. Privileged Conversation: Any private conversation between a suspect and a lawyer, a member of the clergy, or a spouse. F. Place of detention in homicide investigations: A jail, police or sheriff’s station, correctional or detention facility, holding facility for prisoners, or other facility where persons are held in custody in connection with criminal charges, to include a medical facility. G. Control Room: The secure room that houses the electronic audio/video equipment used in recording interviews/interrogations and where the electronic interview/interrogation may be copied onto a CD-R or DVD-R. PROCEDURE Charlotte-Mecklenburg Police Department Interactive Directives Guide Electronic Recording of Interviews /Interrogations Effective Date 03/13/2009 A. B. 600-024 2 of 3 An officer conducting any interview/interrogation of a suspect in a homicide investigation shall make an electronic recording of the interview/interrogation in its entirety by means of audio or visual recordings and abide by the following: 1. If a suspect refuses to have the interview/interrogation electronically recorded, the officer should attempt to record the refusal and thoroughly document the refusal. 2. In the event of an equipment failure, the officer should thoroughly document what occurred and the efforts to secure possible replacement equipment. 3. For a custodial homicide interview/interrogation, the camera must record both the interviewer/interrogator and the suspect. Brief periods of recess, upon request by the person in custody or the officer, do not constitute an “interruption “of the record. The record will reflect the starting time of the recess and the resumption of the interrogation. In addition to the above, an electronic recording, to include a video and audio recorded interview/interrogation will be conducted with suspect interviews/interrogations involving the following crimes: 1. Armed Robbery 2. First and Second Degree Rape 3. First and Second Degree Sex Offense 4. Kidnapping 5. Other crimes at the discretion of a supervisor C. This policy is not intended to preclude officers in the field from capturing information from subjects who make spontaneous utterances or provide information on the above mentioned cases. D. A video recorded interview of a victim or a witness may be conducted at the discretion of a supervisor. E. Video recording equipment must be activated prior to the officer entering the interview room to conduct a suspect interview and will remain on until the suspect is permanently removed from the room. F. If necessary, the officer may establish a dialogue with the suspect using language that the suspect is comfortable with and accustomed to, including derogatory or profane language. However, using such language should not be the primary or only approach taken by the officer during the interview. In any case, the officer should be prepared to articulate in any court proceedings why such a strategy was employed. G. The officer may engage in deceptive methods and/or make false statements to the suspect; however, such methods or statements shall not be employed to the extent Charlotte-Mecklenburg Police Department Interactive Directives Guide 600-024 Electronic Recording of Interviews /Interrogations Effective Date 03/13/2009 3 of 3 that based on the totality of the circumstances, they are calculated to procure an untrue confession or otherwise render the suspect’s statement involuntary. The officer shall not engage in any of the following conduct in an effort to obtain a statement from the suspect: V. 1. Physical abuse 2. Deprive the suspect of physical needs 3. Promise the suspect a reduced charge or sentence 4. Promise to testify as to the suspect’s cooperation 5. Threaten the suspect with harsher treatment if he/she does not cooperate H. All video and audio equipment shall immediately cease recording during any privileged conversation with the suspect and a lawyer, member of the clergy or spouse. The recording shall continue at the conclusion of the privileged conversation. All video and audio recorded interviews will automatically be saved and maintained on a secure storage area network. I. Upon the conclusion of a recorded interview, the officer will enter the control room and make a copy of the recorded interview/interrogation for the working case file. The disk will be labeled with the complaint number, interviewee’s name and interviewer’s name(s) and code number(s). J. The officer will make copies of all recorded interviews and provide copies to the District Attorney’s office when the case is papered. This includes any recorded statement of any witness, suspect or victim in a case in order to comply with the requirements of Open Discovery. K. All audio or video recordings shall be preserved for Discovery. L. Any required routine maintenance or troubleshooting of the audio or video equipment will be immediately reported to a supervisor. REFERENCES 900-013 District Attorney’s Papering Process N.C.G.S. 15A-211 N.C.G.S. 15A-903 CALEA Charlotte-Mecklenburg Police Department Incident Command System Interactive Directives Guide Effective Date 11/17/2006 I. 600-025 1 of 7 PURPOSE To establish a Department policy concerning the utilization of the Incident Command System (ICS) and the National Incident Management System (NIMS). II. POLICY The Charlotte-Mecklenburg Police Department will operate under the Incident Command System as a means to coordinate the efforts of multiple departmental divisions or outside agencies as they work toward the common goal of stabilizing an incident. Many incidents, whether major (such as hazardous material spills or civil disorders), minor incidents (such as vehicle crashes and utility outages), or disasters (such as tornadoes, hurricanes, and earthquakes), require a response from a number of different resources. Regardless of the size of the incident or the number of agencies involved in the response, all incidents require a coordinated effort to ensure an effective response and the efficient, safe use of resources. The Charlotte-Mecklenburg Police Department will operate under the Incident Command System when dealing with the following: III. A. Emergency situations where the Emergency Mobilization Plan is utilized. B. Situations where a departmental response is required under the CharlotteMecklenburg All Hazards Plan. C. Situations involving personnel from different divisions and units where the event is expected to last longer than twenty-four (24) hours. D. Situations requiring coordination with outside agencies. E. Situations that requires activation of the CMPD Command Center F. Other situations where the ICS would prove beneficial. DEFINITIONS A. Incident Command System (ICS) ICS is the model tool for command, control, and coordination of a response. It provides a means to coordinate the response efforts toward mitigation of an incident. B. National Incident Management System (NIMS) In Homeland Security Presidential Directive (HSPD-5), Management of Domestic Incidents, the President directed the development of a National Incident Management System (NIMS). NIMS provides a consistent nationwide approach for federal, state, tribal and local governments to work effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause, size, or complexity. Charlotte-Mecklenburg Police Department 600-025 Incident Command System Interactive Directives Guide Effective Date 11/17/2006 C. 2 of 7 Unified Command: Unified command (UC) is an important element in multijurisdictional or multiagency incident management. It provides guidelines to enable agencies with different legal, geographic, and functional responsibilities to coordinate, plan, and interact effectively. D. Incident Action Plan: The incident action plan (IAP) includes the overall incident objectives and strategies established by the Incident Commander or the Unified Command. The IAP also addresses tactical objectives and support activities for one operational period, generally twelve (12) to twenty-four (24) hours. The IAP is developed utilizing ICS forms. E. ICS Structure The ICS organization comprises six major functional areas: command, operations, planning, logistics, finance/administration, and intelligence. 1. Command a. b. Command is responsible for all incident or event activity. Although other functions may be left unfilled in the Command area, there will always be an Incident Commander. The command staff positions under the Incident Commander are: (1) PIO Officer (2) Safety Officer (3) Liaison Officer At a minimum, the Incident Commander will address the following, if necessary: (1) Activate the Incident Command System; (2) Establish a command post; (3) Initiate the notification and mobilization of additional agency personnel; (4) Obtain additional support from outside agencies; (5) Establish staging areas; (6) Provide for public information and media relations; (7) Maintain the safety of all affected personnel; and (8) Be responsible for preparing a documented after action report. Charlotte-Mecklenburg Police Department 600-025 Incident Command System Interactive Directives Guide Effective Date 11/17/2006 3 of 7 (Not available as an ICS form.) 2. Operations a. b. 3. 4. The Operations Section is responsible for directing the tactical actions to meet incident objectives. (1) Divisions and groups are established within the Operations Section when the number of resources exceeds the Operations Section Chief’s manageable span of control. (2) Divisions demarcate physical or geographical areas of operation within the incident area. (3) Groups demarcate functional areas of operation for the incident such as rescue, law enforcement, or fire. At a minimum, the Operations Function will address the following, if necessary: (1) Establish perimeters; (2) Conduct Evacuations: (3) Maintain Command Post and Scene Security; (4) Provide for confinement; (5) Direct and control traffic; and (6) Conduct post-incident investigations detainee transportation, processing, and Planning a. The Planning Section is responsible for collecting, evaluating, and disseminating tactical information pertaining to the incident. This section maintains information and intelligence on the current and forecasted situation, as well as the status of resources assigned to the incident. b. At a minimum, the Planning Section will address the following, if necessary: (1) Prepare a documented Incident Action Plan; (2) Gather and disseminate information and intelligence; and (3) Plan post-incident demobilization. Logistics a. The Logistics Section meets all support needs for the incident, including ordering resources. Charlotte-Mecklenburg Police Department Incident Command System Interactive Directives Guide Effective Date 11/17/2006 b. 5. 6. 600-025 4 of 7 At a minimum, the logistics function will address the following, if necessary: (1) Communications; (2) Transportation; (3) Medical support; (4) Necessary supplies; (5) Any specialized or technical teams and equipment needs. (6) It may also provide facilities, equipment maintenance and fueling, and food service for incident personnel. Finance/Administration a. The Finance/Administration Section is responsible for keeping track of incident-related costs. b. At a minimum, the finance/administration function will address the following, if necessary: (1) Recording personnel time; (2) Procuring additional resources; (3) Recording expenses; and, (4) Documenting injuries and liability issues. Intelligence a. Traditionally, information and intelligence functions are located in the Planning Section. However, in exceptional situations, the Incident Commander may need to assign the information and intelligence functions to other parts of the ICS organization. This placement may change as the information and intelligence needs change. b. The Information and Intelligence function may be organized in one of the following ways: (1) Within the Command Staff. This option may be the most appropriate in smaller incidents with little need for tactical or classified intelligence. (2) As a unit within the Planning Section. This is the traditional placement of intelligence and would be most appropriate when the need for information is quickly available and does not involve classified information. Charlotte-Mecklenburg Police Department Incident Command System Interactive Directives Guide Effective Date 11/17/2006 IV. 600-025 5 of 7 (3) As a Branch within the Operations Section. This option may be the most appropriate in incidents with a high need for tactical or classified intelligence. (4) As a separate General Staff Section. This option may be most appropriate when an incident is heavily influenced by intelligence factors or when there is a need to manage and/or analyze a large volume of classified or highly sensitive intelligence or information such as in a terrorist incident. PROCEDURE A. Establishing Command The first arriving officer at the scene of a major incident will establish “Command” and designate themselves as “Command” over the radio. That officer will maintain this designation until Command is either transferred or terminated. B. Initial Report The officer will then transmit, via radio, a brief initial report of the conditions, including the following information: C. 1. A description of the situation 2. Obvious incident conditions 3. Confirmation of Command establishment with the appropriate radio designation 4. Location of Command. 5. A report of any actions being taken by the on scene unit(s). The Incident Commander may fill Command and General Staff positions when necessary and delegate responsibilities so that the span of control is not over extended. Those positions may include: 1. 2. Command Staff a. Police Attorney (Legal) b. Public Information Office c. Liaison Officer General Staff a. Operations Charlotte-Mecklenburg Police Department 600-025 Incident Command System Interactive Directives Guide Effective Date 11/17/2006 D. b. Planning c. Logistics d. Finance/Administration 6 of 7 Command Transfer Guidelines Command can be transferred to improve the quality of the response. E. 1. Transfers of Command should occur on a face-to-face basis. However, some conditions may necessitate command transfer via radio. 2. A transfer briefing will occur between the Command officer and his/her relief. The information to be exchanged will include the Incident conditions, updates to the Incident Action plan, safety considerations, assignments of responding units and the need for additional resources. 3. Transfer of Command will be at the discretion of the ranking officer. Since the overall incident responsibilities rest with the ranking officer on the scene whether or not he/she assumes command, they may assume command to ensure clarity of orders. 4. Individuals relieved of Command responsibilities may be used by the Incident Commander to support the overall incident action plan. Anytime the Incident Command System is utilized an Incident Action Plan, including all necessary ICS forms, will be formulated. 1. For simple incidents of short duration, the Incident Action Plan will be developed by the Incident Commander and communicated to subordinates in a verbal briefing. a. b. 2. On smaller incidents which do not require a written action plan, the sequence of steps for a briefing by the Incident Commander to the General Staff includes: (1) Incident Objective(s) (2) Strategy (one or more) (3) Tactics (4) Assignments The ICS Form 201 provides the Incident Commander with a useful framework for preparing a briefing when no written action plan is prepared. The decision to prepare a written incident action plan will be made by the Incident Commander. A written Incident Action Plan documenting Charlotte-Mecklenburg Police Department 600-025 Incident Command System Interactive Directives Guide Effective Date 11/17/2006 7 of 7 planning decisions should be prepared whenever: 3. 4. V. a. Two or more jurisdictions are involved b. The incident continues into another Operational Period c. A number of organizational elements have been activated Essential Elements in the Action Plan are: a. Statement of Objectives - Statement of what is expected to be achieved. Objectives must be measurable. (ICS Form 202) b. Organization - Describes what elements of the ICS organization will be in place for the next Operational Period. (ICS Form 203) c. Tactics and Assignments - Describes tactics and control operations, and what resources will be assigned. Resource assignments are often done by Division or Group. (ICS Form 204) d. Supporting Material - Examples include a map of incident, Communications Plan, Medical Plan, Traffic Plan, weather data, special precautions and safety message. The ICS forms are available on the Applications page of the CMPD Portal. F. An after action report will be completed upon demobilization of the Incident Command structure. The complete Incident Action Plan and the After Action Report will be forwarded to the Office of Professional Standards for storage. G. The Charlotte-Mecklenburg Police Department will participate in annual training on responses detailed in the Charlotte-Mecklenburg All Hazards Plan. This training will be documented and can involve outside agencies in actual or tabletop exercises. REFERENCES HSPD-5 Management of Domestic Incidents Charlotte-Mecklenburg All Hazards Plan CMPD Emergency Mobilization Plan CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Interpreting for the Deaf and Hard of Hearing Effective Date 01/26/2007 I. 600-026 1 of 3 PURPOSE The purpose of this policy is to ensure that the Charlotte-Mecklenburg Police Department provides a consistently high level of service to all persons who are deaf or hard of hearing. This Department will comply with the rights and obligations prescribed by the North Carolina General Statutes and the Americans with Disabilities Act (ADA) to communicate effectively with people who are deaf or hard of hearing. II. POLICY The Department will endeavor to provide individuals who are deaf or hard of hearing with the level of service equivalent to that provided to other persons. The Department will attempt to ensure that all its employees communicate effectively with people who are deaf or have a hearing disability. III. IV. DEFINITIONS A. Deaf person: a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing, with or without amplification. B. Qualified interpreter: an interpreter certified and licensed as qualified under standards and procedures promulgated by the Department of Human Resources and in accordance with N.C.G.S. 90D. PROCEDURE A. Deaf Persons Under Arrest 1. While at the scene, the officer shall make a preliminary determination of the person’s comprehension and make efforts to determine what appropriate accommodation is required. These efforts may include the use of gestures or visual aids to supplement oral communication including: the use of notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound or the use of a qualified oral or sign language interpreter. 2. If the officer believes that a person he or she has arrested is deaf, the officer shall notify Communications that a qualified and licensed interpreter is needed. The type of aid or service requested by the person with the hearing disability must be given primary consideration. 3. Qualified and licensed interpreters must be used to interview deaf or hard of hearing suspects or arrestees and in any other actions where criminal proceedings are likely to follow. Family and friends of the suspect or arrestee shall not interpret for the arrestee. 4. If an officer does not intend to question a deaf or hard of hearing arrestee, the officer should nonetheless inform the magistrate that the arrestee is deaf or hard of hearing or has other communication needs at the time he/she is presented before the magistrate. Charlotte-Mecklenburg Police Department Interactive Directives Guide Interpreting for the Deaf and Hard of Hearing Effective Date 01/26/2007 B. C. D. 600-026 2 of 3 Contact with Deaf or Hard of Hearing Individuals not under Arrest 1. Officers and Department employees shall not interpret for a deaf person who is a party to or a witness in any civil or criminal proceeding in any superior or district court or proceedings before the magistrate. 2. Officers and Department employees shall not interpret for a deaf person who is a party to or a witness in any administrative proceeding before any department, board, commission, agency or licensing authority of the state or of any county or city of the State. 3. Effective communication with a person who is deaf or hard of hearing involved in an incident, whether as a victim, suspect or arrestee, is essential to ascertaining what actually occurred, the urgency of the matter, and the type of situation. Efforts should be made to accommodate the deaf or hard of hearing person’s request for an interpreter. 4. Qualified and licensed interpreters should be used in communicating with complainants or witnesses when court proceedings are likely to occur. 5. In general interaction, the appropriate accommodation for a deaf or hard of hearing person will vary with the length and complexity of the communication involved. In certain circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communication with people who are deaf or hard of hearing. Communications Division 1. The International Relations Unit shall provide Communications with a list of qualified and licensed interpreters, including sign language and oral interpreting services, who have previously agreed to provide this service. 2. Upon receiving a request from an officer for an interpreter for a suspect or arrestee, Communications shall make contact with an interpreter. If the interpreter cannot confirm that they can be en route within 30 minutes from the time of notification, another interpreter on the list shall be contacted. 3. The officer requesting the interpreter shall provide the International Relations Unit the approximate number of hours expended for interpreting. International Relations Unit The International Relations Unit will handle the contracts for the interpreter and will receive the invoices from the interpreter. E. Payment Any auxiliary aid or service needed for effective communication by a person who is deaf or hard of hearing will be provided to them without charge by the Department. Charlotte-Mecklenburg Police Department Interactive Directives Guide Interpreting for the Deaf and Hard of Hearing Effective Date 01/26/2007 V. 600-026 REFERENCES G.S. 8B, G.S. 90D Americans with Disability Act, Title II U.S. Department of Justice, Civil Rights Division, Model Policy 3 of 3 Charlotte-Mecklenburg Police Department Interactive Directives Guide ADDENDUM 600-026 Interpreting for the Deaf and Hard of Hearing Effective Date 01/26/2007 1 of 1 Addendum to 600-026 Practical Suggestions for Communicating Effectively with Persons who are Deaf or Hard of Hearing 1. Before speaking, get the person’s attention with a wave of the hand or a gentle tap on the shoulder. 2. Face the person and do not turn away while speaking. 3. Try to converse in a well-lit area. 4. Do not cover your mouth or chew gum. 5. If a person is wearing a hearing aid, do not assume the individual can hear you. 6. Minimize background noise and other distractions whenever possible. 7. When you are communicating orally, speak slowly and distinctly. Use gestures and facial expressions to reinforce what you are saying. 8. Use visual aids when possible, such as pointing to printed information on a citation or other document. 9. Remember that only about one third of spoken words can be understood by speech reading. 10. When communicating by writing notes, keep in mind that some individuals who use sign language may lack good English reading and writing skills. Preserve all notes. 11. If someone with a hearing disability cannot understand you, write a note to ask him or her what communication aid or service is needed. Preserve all notes. 12. If a sign language interpreter is requested, be sure to ask which language the person uses. American Sign Language (ASL) and Signed English are the most common. Remember that the process of signing involves rapid gestures of an individual’s arms and hands, which may impact an individual’s ability to respond to certain commands. 13. When you are interviewing a witness or a suspect or engaging in any complex conversation with a person whose primary language is sign language, a qualified interpreter is usually needed to ensure effective communication. 14. When using an interpreter, look at and speak directly to the deaf person, not to the interpreter. 15. Talk at your normal rate, or slightly slower if you normally speak very fast. 16. Only one person should speak at a time. 17. Use short sentences and simple words. 18. Do not use family members or children as interpreters. 19. If the individual uses sign language, consider handcuffing them in the front rather than the back, if safety considerations permit. Charlotte-Mecklenburg Police Department Interactive Directives Guide Submitting Impounded Property Effective Date 04/06/2014 I. 700-001 1 of 8 PURPOSE The purpose of this directive is to establish an understanding of how confiscated property is impounded into the Property and Evidence Management Division of the CharlotteMecklenburg Police Department. This directive will benefit and protect CMPD personnel by guiding them in the proper procedure for submitting impounded property. II. POLICY To establish procedures for the handling and disposition of physical property that will come into the possession of the CMPD. III. DEFINITIONS A. Property: Items that are not legally owned by the Charlotte Mecklenburg Police Department, which are seized, collected, turned over or held within the custody of the Charlotte Mecklenburg Police Department for the purpose of safe keeping, investigation, forfeiture, or identification. B. Chain of Custody: The chronological documentation, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence. C. Found Property: Non-evidentiary property coming into the custody of a law enforcement agency that has been determined to be lost or abandoned. These items are held to provide an opportunity to determine the legal owner. Found property does not include intentionally abandoned property, which will not be stored. D. Property for Safekeeping: Non-evidentiary property placed into temporary custody of the Charlotte Mecklenburg Police Department for the purpose of safeguarding for a rightful owner. Property where the rightful owner is known at the time the property is impounded will be categorized as “Safekeeping” in the PLIMS. E. Evidence: Any item seized as part of a criminal investigation. F. Collecting Officer: The individual responsible for the physical collection and packaging of property. G. Booking Officer: The individual responsible for the data entry and documentation of collected property, as well as the physical action of turning over the property to the Property and Evidence Division. H. PLIMS: The Property & Laboratory Information Management System (PLIMS) is the electronic system used by the Charlotte Mecklenburg Police Department for documenting all property. It will track the Chain of Custody from intake, laboratory examination and disposition of all property in CMPD custody. I. Investigating Officer: The officer assigned to the case in KBCOPS. This Officer is responsible for the disposition of the property. Charlotte-Mecklenburg Police Department Interactive Directives Guide Submitting Impounded Property Effective Date 04/06/2014 J. IV. 700-001 2 of 8 Service Requests: A function of PLIMS where the investigator assigned to the case submits lab requests for items that need to be analyzed. PROCEDURE A. All property impounded by employees of the Charlotte Mecklenburg Police Department will be entered into PLIMS and have a related KBCOPS report. This includes all three types of property evidence, found and safekeeping. PLIMS will not allow the creation of a property case until there is at a minimum a related KBCOPS report in working status. B. PLIMS is a web based program that is accessible to employees of the Charlotte Mecklenburg Police Department who have access to the department’s Intranet. Each employee is granted access to the system through their own individual account. Logging into the system will consist of a username and password. No employee of the Charlotte Mecklenburg Police Department shall sign on or operate PLIMS under another employee’s username and password. C. Submitting employees using PLIMS shall supply all known information for any blank field and shall provide complete and accurate information, including but not limited to full street addresses, names, arrest numbers, descriptions, identifying markings, quantities and associated case numbers. CMPD Officers/Investigators will not use the outside agency function of PLIMS to turn in property. D. Only one barcode label and item number shall be affixed to each package. The barcode label must be affixed to the area designated on the envelope. For all other types of packaging the employee will place the label in an area that will be easy to view and not obstruct the area where repackaging may occur. The barcode label should never be used to seal a package. All evidence will be packaged in the manner described in the Evidence Packaging Guide located on the CMPD Portal. E. Upon completion of entry into PLIMS, all property (evidence, found and safekeeping) will be turned in at the evidence counter located in the basement of the Police Headquarters at 601 E Trade Street. Under no circumstances will an employee keep impounded property in their possession beyond the end of their tour of duty during which it is impounded. F. Bio-hazardous waste, specimens of blood, potentially infectious body fluids or contaminated sharps to be turned in as found property or evidence should be placed immediately in puncture/leak resistant containers and properly labeled in accordance with Infectious Disease Control Plan and the Evidence Packaging Guide. These containers will be taken to the Property and Evidence Management Division where the item will be disposed of properly or entered into evidence in accordance with this directive. G. It is the booking officer’s responsibility to assure the packaging is appropriately, sealed as described in the Evidence Packaging Guide. Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-001 Submitting Impounded Property Effective Date 04/06/2014 3 of 8 H. Where possible, items will be processed for evidence in the field prior to being submitted to the Property and Evidence Management Division (i.e. fingerprints on a television, etc.) When practical, an officer should take a photograph of this type of evidence and return it to the victim. The complaint number, address, date, officer name and code number should appear on a piece of paper in the first photograph for proper documentation. The officer will obtain a signature by the victim on the property sheet indicating that the property was returned to the owner. Items returned to owners in the field will not be entered into PLIMS. The signed property sheet should be scanned into KBCOPS and the original retained by the Officer.  I. Officers will seal all envelopes, boxes, or bags containing evidence, found property or safekeeping with tape provided by the Property and Evidence Management Division. J. 1. Small evidence items i.e. crack rock, need to have an internal package to prevent alteration and/or loss. 2. The tape must make a complete seal of the corners of the container to prevent the loss of small items. 3. Officers will write their initials, code number, and date over the tape so that the writing extends beyond the edge of the tape and onto the container. Opening and Re-Sealing Evidence Packaging 1. Original seals will not be broken or altered. 2. When a package is opened, it will be done in an area that is not sealed. 3. If a package has been opened and re-sealed to the point that it cannot be resealed in a new area, the evidence will be packaged in new packaging. The original packaging will be placed inside the new packaging. K. Bulky items will be labeled with tags as evidence, found or safekeeping. L. Sexual Assault and Blood Specimen (DWI) kits will be submitted to Property and Evidence Management Division without further packaging. M. 1. Tape provided by Property and Evidence Management Division will be placed over the existing seal on the kit. 2. Officers will initial the area of the kit that was sealed with their initials extending beyond the tape and onto the kit. Items with sharp points, edges, or that are otherwise a safety hazard will be packaged in plastic tubes. All syringes will be packaged in the plastic tubes. The Property and Evidence Management Division and Crime Scene Search will provide these tubes and Bio-Hazard tags to place on the tubes. 1. The tubes will be placed in envelopes and sealed. Charlotte-Mecklenburg Police Department Interactive Directives Guide Submitting Impounded Property Effective Date 04/06/2014 2. N. O. 700-001 4 of 8 Sharp items that are too large for the plastic tubes will be packaged in a cardboard box provided by Property and Evidence personnel. Property and Evidence personnel can assist and advise on acceptable methods. Submitting Firearms 1. All seized handguns and long guns will be unloaded and submitted to the Property and Evidence Management Division using the “Cardboard Box” packaging procedures. 2. “Steel Lined” gun boxes will be used to transport loaded firearms when necessary to support the investigation or the condition of the firearm prevents unloading the ammunition. Officers must consult with a Crime Scene Search supervisor prior to submitting a loaded firearm. “Steel Lined” gun boxes are available by contacting a Crime Scene Search supervisor. 3. Except as noted above, officers will ensure that all firearms are unloaded prior to submitting it to the Property and Evidence Management Division. 4. Ammunition shall be separated by type, location found and individually packaged. 5. Officers will not remove live ammunition from magazines. Submitting drugs 1. Do not package multiple drug types in a single envelope. packaged and labeled separately. They must be 2. If multiple drugs items of the same type (ie: 10 crack ‘rocks’) is determined to be one item, they must be packed together as one item. 3. If drugs are being submitted as separate items, they must be packaged and labeled separately. 4. Any drug submitted must have a specific weight in grams/ounces for the drug only or the number of dosage units (pills, tablets, "rocks", etc.) in the package. Drugs will be weighed prior to being placed in any CMPD evidence packaging. 5. The responsibility for accurately weighing and/or counting all drugs placed into Property and Evidence Management Division rests solely with the Booking Officer. 6. Significant discrepancies in the amount of controlled substances (drugs) seized and the amount reported in PLIMS, may result in a criminal and/or internal investigation. 7. If the seizure includes taxable quantities of controlled substances, the Collecting/Booking Officer shall properly complete as many Form BD-4’s (“Report of Arrest and/or Seizure Involving Non-tax paid (Unstamped) Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-001 Submitting Impounded Property Effective Date 04/06/2014 5 of 8 Controlled Substances”) as required (i.e., multiple drugs require multiple forms; multiple co-defendants require multiple forms), and submit them electronically via e-mail to the Asset Forfeiture Unit within 48 hours of the seizure [e-mail address “_CMPD ASSET FORFEITURE in the Outlook global address list] “Taxable Quantities” of controlled substances are: 8. a. Marijuana – more than 42.5 grams. b. Controlled substance sold by weight – 7 or more grams. c. Controlled substance sold by “dosage unit” – 10 or more dosage units. The electronic Form BD-4 (Drug Tax Form) may be located in Outlook at: Outlook:\\Public%20Folders\All%20Public%20Folders\CMPD\Investigative%20Division\Vice\Re port%20Forms 9. Drugs will not be accepted contained in luggage, duffel bags, bags with zippers, etc. The drugs must be removed and placed in evidence envelopes, bags, or boxes. 10. The on-duty/on-call Vice supervisor shall be notified when drugs equal to or greater than trafficking amounts are seized. 11. Trafficking amounts of controlled substances include: a. 10 pounds or more of marijuana; b. 1,000 or more tablets, capsules, dosage units or their equivalent of methaqualone or any mixture containing such substance; c. 28 grams or more of cocaine, amphetamine or methamphetamine; d. 4 grams or more of opium or opiate; e. 100 tablets, capsules, dosage units, or the equivalent quantity of Lysergic Acid Diethylamide (LSD); f. 100 or more tablets, capsules, dosage units, or 28 grams or more of MDA or MDMA P. Officers will not inscribe their initials or make any other marks on any type of evidence, found or safekeeping (i.e., firearms, silverware, etc.). Q. For items other than contraband and evidence the booking officer will complete the Return to Owner Disposition process in PLIMS authorizing the release and/or disposition of the property in question. If there are conflicting claims of ownership, the property will be released only upon court order. R. Officers that respond to the scene of a natural death, accidental death, murder, suicide, fatal automobile accident, or any personal injury incident in which the victim Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-001 Submitting Impounded Property Effective Date 04/06/2014 6 of 8 has been transported from the scene are responsible for securing and collecting the victim’s personal property of value that is not considered evidence. Personal property of this type will be handled as follows: 1. Property may be left in the custody of an adult relative (spouse, parent, sibling, son, or daughter) present at the scene. 2. An officer investigating a death at a private residence will secure personal property inside the locked residence, if there is no adult relative of the deceased present. 3. An officer investigating a death at a public or semi-public location (motel, boarding house, shopping mall, or traffic accident) will secure valuable personal property by taking it to the Property and Evidence Management Division, if there is no adult relative present. S. Employees (other than the officer in charge of the case) turning in evidence must complete a Narrative Supplement Report in KBCOPS. T. Officers and Detectives are responsible for collecting evidence from hospitals. U. 1. Officers who receive a call to respond to a hospital should determine upon arrival if any evidence needs to be secured. CMPD officers will complete a property sheet and have the person that packaged the evidence sign the property sheet. The officer will properly document the collection of this evidence in PLIMS and turn the signed property sheet and evidence over to property control. 2. If the property or evidence requires drying the officer should contact the Crime Scene Search supervisor for assistance with the proper drying and packaging. Officers collecting or seizing evidence, such as stolen merchandise, in which the lawful owner can be readily identified, should photograph that evidence with a CMPD camera (no personal cell phones or cameras will be used) and release it to the owner. The complaint number, address, date, officer name and code number should appear on a piece of paper in the first photograph for proper documentation. If photographing and release of evidence is questionable, the officer should contact their supervisor. Photographs must include unique identifying features such as store tags, serial numbers, identifying scratches, etc. Note: This does not apply to contraband or evidence subject to laboratory examination. Only the District Attorney’s Office can approve items to be held for more than 60 days if the owner can be readily identified. 1. In addition to taking photographs of the stolen property seized, officers must have the victim sign for the release of any property returned to them and the Property Release must specifically describe all the property returned. Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-001 Submitting Impounded Property Effective Date 04/06/2014 7 of 8 2. A notation that the property was returned should be made on a Property Report and retained by the officer in charge of the case. The CD will be turned into Property and Evidence and will be uploaded into the Digital Management System. 3. The disposition of evidentiary photographs will be handled in the same manner as for other types of evidence. 4. If the stolen property has conflicting claims of ownership, the officer should make every reasonable effort to resolve the dispute. If a resolution cannot be reached, the property will be seized and will be released only upon a court order. (This process does not apply when property was forcefully taken from the victim resulting in charges involving violence.) V. Video tapes and electronic media (not including crime scene digital images stored in the digital management system) that contain evidence, such as a diskette, compact disc (CD), or digital video disc (DVD) will be turned into the Property and Evidence Management Division for storage. The media will be placed in a small evidence envelope, sealed, and marked appropriately. The disposition of evidentiary electronic media will be handled in the same manner as for other types of evidence. W. Employees will not submit any item which is highly flammable, extremely toxic, explosive, or items which contain highly flammable, extremely toxic, or explosive substances (i.e., gasoline, chemicals, etc.) except: X. Y. 1. Ammunition submitted as evidence, found or safekeeping or evidence from fire scenes will be accepted by Property and Evidence Management Division, if submitted in approved storage containers. 2. Items such as motorcycles, lawnmowers, etc., that contain gasoline or flammable materials will not be submitted at the window of the Property and Evidence Management Division. The property clerk will accompany the officer to the parking area to check in these items. Employees should use their judgment in deciding to transport these items if they are leaking, or if placing them in a vehicle would cause them to leak. Perishables, such as food items, shall be photographed and processed on scene when applicable. Documentation shall be made in the KBCOPS report explaining why the item was not collected. 1. Prior to any perishable evidence being submitted into property control, the investigative unit supervisor must contact the Property and Evidence Lieutenant. 2. Coordination must be made within 24 hours to have the perishable item processed or sent off to the appropriate laboratory for processing. All shoplifting evidence will be photographed with a CMPD camera (no personal cell phones or cameras will be used) and returned to the retailer. Any photos taken will be Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-001 Submitting Impounded Property Effective Date 04/06/2014 8 of 8 burned to a CD for entry into the digital management system. The Property and Evidence Management Division will not accept shoplifting evidence without prior approval of the Lieutenant assigned to Property and Evidence. Photographs must include unique identifying features such as store tags, serial numbers, identifying scratches, etc. Z. V. Outside agencies submitting property into the Property and Evidence Division will fill out a paper property sheet. This sheet will be turned into the on duty property technician who will enter the items into the PLIMS and scan the property sheet into the system. No KBCOPS report is required for outside agencies. There is a separate function within PLIMS to accommodate the impounding of items from agencies other than CMPD. REFERENCES 700-002 Evidence Management 700-003 Found Property 700-004 Release of Property 700-005 Disposition and Release of Evidence in Non-Productive Cases 700-006 Laboratory Analysis of Evidence Infectious Disease Control Plan CHARLOTTE-AECKLWURG Infectious Disease Control Plan Rodney D. Monroe Chief of Police June,2009 I. PURPOSE To provide a safe and healthy work environment for all employees who may be exposed to human blood and other body fluids. This directive is an effort to prevent exposure or decrease potential risk should an exposure occur, identifies and increases awareness of this potential health hazard and provides guidelines and precautions in accordance with applicable laws and policies dealing with infection control as set forth in the Occupational Safety and Health Administration Standard, Title 29, Code of Federal Regulations. Each employee has the responsibility to control exposure and prevent the spread of bloodborne pathogens, and will follow procedures outlined in this directive. Fear of contracting a communicable disease does not free employees from the obligation to perform their duties. II. EXPOSURE DETERMINATION Certain employees of the CMPD are considered to be at risk of exposure to blood and body fluids in the performance of their duties. “At Risk” employees are: all sworn personnel and Animal Care & Control officers; Crime Scene Search, Crime Laboratory and Property & Evidence Management Division personnel; domestic violence counselors and police recruits. III. DEFINITIONS A. Bloodborne pathogens: Pathogenic micro-organisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV). B. Contaminated: The presence, or reasonably anticipated presence, of blood or other potentially infectious material on an item or surface. C. Contaminated sharps: Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires. D. Engineering controls: Sharps disposal containers, self-sheathing needles, etc., that isolate or remove the bloodborne pathogens hazard from the workplace. E. Exposure incident: Specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious material that results from the performance of an employee's duties. F. Parenteral: Piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts or abrasions. G. Other potentially infectious material: The following fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, or any body fluid visibly contaminated with blood and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. H. Occupational exposure: Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. IV. V. I. Personal protective equipment (PPE): Specialized clothing or equipment, provided by the CMPD, and worn by an employee for protection against an occupational exposure. General work clothes (e.g., uniforms, pants, shirts, blouses) are not considered personal protective equipment. J. Regulated waste: Liquid or semi-liquid blood, or other potentially infectious materials, contaminated items that would release blood or other potentially infectious materials, in liquid or semi-liquid state, if compressed; items that are caked with dried blood or other potentially infectious materials, and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. K. Body substance isolation: An approach to infection control. According to the concept of body substance isolation, all human blood and all human body fluids are treated as if known to be infectious for HIV, HBV, HCV or other bloodborne pathogens. L. Work practice controls: Controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two handed technique). M. Exposure Control Officer: A sergeant, or above, who is responsible for the overall management and support of this directive. RECORD KEEPING A. A confidential medical record will be maintained on each "At Risk" employee by the Exposure Control Officer or his designee. B. Each medical record will contain the employee's name, social security number, hepatitis B vaccination record(s), copies of exposure report forms, follow up procedures performed and a copy of the health care professional's written opinion, including the results of source testing. C. All medical records will be maintained in a strict confidential manner for thirty years after an employee's termination, resignation or retirement. D. Access to employee medical records will be restricted to: 1. The employee or his or her designee. 2. The Exposure Control Officer or his or her designee. 3. The Director and Assistant Director of OSHA. SAFE WORK PRACTICES A. The following engineering and work practice controls will be used to eliminate or minimize employee exposure. VI. 1. Eating, drinking, smoking, applying cosmetics, or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure. 2. Food or beverages will be consumed only in a safe designated area. Food and drinks will not be kept on counter tops or bench tops where blood or other potentially infectious body fluids are present. 3. Employees will wash hands as soon as possible after removal of gloves or other PPE. CMPD issued antiseptic hand cleaners will be used if hand washing facilities are not immediately available. However, hands should still be washed as soon as possible. 4. Using a mouth pipette or suctioning of blood or other potentially infectious body fluids by Crime Laboratory personnel is prohibited. 5. Contaminated needles, or other contaminated sharps, will not be bent, recapped, sheared, broken or removed. Immediately, or as soon as possible, contaminated sharps will be placed in containers which are puncture resistant, leak resistant, closeable and properly labeled. These containers will be taken to the Property & Evidence Management Division and disposed of properly or entered as evidence. 6. Biohazard waste, specimens of blood or other potentially infectious body fluids will be turned in to Property & Evidence Management Division. The Property clerk will dispose of these items by placing them in a properly marked biohazard waste container that is leak resistant. If outside contamination of the primary container occurs, the primary container will be placed within a second container that is leak resistant. 7. Broken glass contaminated with blood will not be picked up with the hands. Glass will be picked up by mechanical means such as tongs or forceps. 8. Warning labels will be affixed to containers of regulated waste, and refrigerators/freezers containing blood or other potentially infectious material; and other containers used to store, transport or ship blood or other potentially infectious materials. 9. All procedures involving blood or other potentially infectious materials will be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substance. BODY SUBSTANCE ISOLATION All "At Risk" personnel will practice body substance isolation to prevent contact with human blood or other fluids. A. All "At Risk" personnel will use personal protective equipment (PPE) to prevent exposure to the skin and mucous membranes (eyes, nose, mouth) when contact with blood or other potentially infectious body fluids is anticipated. B. An employee's open wounds/sores will be covered with an appropriate fluid resistant bandage. VII. PERSONAL PROTECTIVE EQUIPMENT All "At Risk" personnel will utilize PPE to assist in the prevention of occupational exposures. PPE will be issued, by the CMPD, to each "At Risk" employee, and will be replaced as necessary, by the Property & Evidence Management Division. A. VIII. Gloves will be worn when it can be reasonably anticipated that contact with blood or body fluids may occur. 1. Disposable (single use) gloves will be replaced as soon as practical when contaminated, torn, punctured, or when they no longer provide protection. 2. Utility gloves (janitorial/industrial rubber cleaning gloves) may be reused if decontaminated and the integrity of the gloves is not compromised. The gloves should be discarded if cracked, torn, peeling, punctured, or if they no longer provide protection. B. Masks and eye protection will be worn whenever splashes, sprays, or droplets of blood, or other body fluids may be generated and eye, nose or mouth contamination can be reasonably anticipated. Masks will be disposed of as soon as possible when contaminated with blood or body fluids as provided in Section VII.F. C. Gowns, aprons, lab coats and body suits will be worn whenever contact with blood or body fluids are reasonably anticipated. 1. Gowns, aprons, and body suits will be properly destroyed when contaminated with blood or body fluids. 2. Lab coats will be laundered when contaminated with blood or body fluids. D. Disinfectant gels will be provided and used for field decontamination. E. If a garment is penetrated by blood or body fluids, it must be removed as soon as possible. The garment will be placed in a leak resistant biohazard bag and transported to the Property & Evidence Management Division to be replaced. F. PPE will be removed prior to leaving the work area. All contaminated disposable PPE will be placed in a biohazard bag and transported to the Property & Evidence Management Division for disposal. G. "At Risk" employees will have a sufficient quantity of PPE with them to satisfy their daily needs, while on-duty or working off-duty. DECONTAMINATION AND CLEANING PROCEDURES A. Surfaces such a counter tops, floors, walls, etc., will be cleaned with an appropriate cleanser (for example: 1:100 bleach/water, 1/4 cup bleach per one gallon water), as soon as possible after contamination. B. Non-sensitive equipment will be cleaned with an appropriate cleaner such as 1:100 bleach/water (1/4 cup bleach per one gallon water). IX. C. Sensitive equipment (radios, service weapons, etc.) will be cleaned with isopropyl alcohol and allowed to dry. Weapons will be lubricated as soon as the isopropyl alcohol dries. D. When decontamination requires the weapon to be dismantled it must be taken to the Range Master for cleaning. If the range is closed, the employee's supervisor will authorize a loaner weapon from the Property & Evidence Management Division. The contaminated weapon will be left with Property & Evidence Management Division personnel in a red biohazard bag for the range staff to pick up. The officer involved will contact the Range Master the next business day and advise him or her of the situation. E. Vehicles contaminated with blood or body fluids will be taken out of service until they can be properly cleaned at an approved vehicle cleaning center. 1. The shift supervisor is responsible for taking the vehicle out of service and ensuring that it is transported for cleaning. The officer transporting the vehicle will wear the appropriate PPE to avoid contamination and will inform the vehicle cleaning service of the contaminated areas of the vehicle. 2. The contamination date, the cleaning date, and the transporting officer's code number will be noted in the vehicle's log book. F. Contaminated uniforms will be placed in biohazard bags and transported to the Property & Evidence Management Division for replacement. G. Laboratory equipment routinely exposed to blood or body fluids will be cleaned whenever contaminated and according to a written schedule. The schedule will be developed and maintained in the Crime Laboratory. H. The Property & Evidence Management Division will maintain bleach and water to be mixed for cleaning needs. (Mixture should not be older than 24 hours). Any additional approved cleansers will be available through the Property & Evidence Management Division. CONTAMINATED WASTE AND PROPERTY A. Sharps containers and bags are provided and used for contaminated property or waste. The containers and bags are marked and color coded with biohazard warnings. B. Evidence and/or found property must be packaged in the appropriate biohazard container, and then packaged according to Property & Evidence Management Division guidelines. The exterior of the package should be marked with the biohazard symbol and the word, “Biohazard”. The markings can be stickers provided by the Property & Evidence Management Division, or printed on the container or package. C. All contaminated materials to be destroyed will be properly packaged and taken to the Property & Evidence Management Division, where it will be placed in a biohazard container for destruction. D. Contaminated items that are wet will be placed in bags or containers that prevent leakage during transportation or storage. X. E. Any and all items contaminated with blood or body fluids will be properly packaged to prevent injury, leakage or contamination. All contaminated items will be submitted to the Property & Evidence Management Division for storage or destruction, unless being utilized in the Crime Laboratory. F. "At Risk" employees should have a sufficient supply of biohazard bags and sharps containers for their use while on duty, or working secondary employment. BLOODBORNE CLEAN-UP AT CRIME SCENES A. When an employee is involved in a use of force that causes a significant blood spill, a supervisor will contact a CMPD Exposure Control Officer. The Exposure Control Officer will evaluate the scene and contact the appropriate company for clean-up after the crime scene processing is complete, and the scene is going to be released. B. For all other crime scenes with significant blood spill, the supervisor in charge will: 1. 2. Make the property owner aware of the situation and provide the property owner with a list of private companies that provide clean-up resources, whenever the blood spill is on private property. Employees will not make contact with any company on the clean-up resources list on behalf of the property owner/manager. The costs associated with the clean-up will be the responsibility of the property owner/manager. Contact a CMPD Exposure Control Officer if the spill poses an immediate risk to the public. a. Updated copies of the clean-up resources list will be maintained by the Exposure Control Officers and updated copies kept in the Watch Commander’s Office and the Communications Division. b. The Exposure Control Officers will distribute a copy of the clean-up resources list is to all sergeants each time the list is updated. Whenever the blood spill is on public property, such as a street or sidewalk, have the Charlotte Fire Department (CFD) dispatched to the scene (inside the City of Charlotte only) when the scene is ready to be released. CFD will clean and decontaminate the property, if the size of the blood spill is within CFD guidelines. If CFD determines the area is larger than they are capable of cleaning and decontaminating, the CMPD supervisor will contact the designated CMPD Exposure Control Officer. NOTE: Whenever a significant blood spill is located on public property outside the City of Charlotte, the supervisor in charge will contact the designated CMPD Exposure Control Officer. XI. HEPATITIS B VACCINE A. Employees who have occupational exposure will be provided a hepatitis B vaccine, post exposure evaluation, and follow up procedures at no cost. B. The vaccine series will be made available to employees within ten days of assignment and after receiving training about the vaccine. XII. C. Future boosters will be provided at no cost when required by the U.S. Public Health Service. D. A hepatitis B pre-screening program will not be a prerequisite for receiving the vaccination. E. An employee who initially declines to accept the vaccination will be allowed to receive at a later date, at no cost. F. Employees who decline to accept the vaccination will be required to sign a declination waiver. G. Employees who have received the vaccine prior to employment with the CMPD will provide appropriate documentation of that vaccination. EXPOSURE EVALUATION Any exposure, or possible exposure, to blood or body fluids, within an employee's scope of employment, will be treated as a job related injury and reported to the employee's immediate supervisor as soon as possible. XIII. A. The supervisor will make the initial determination if an exposure, or possible exposure, has occurred, based on information from the employee and the source of the exposure. B. If an exposure incident has occurred, the supervisor will: 1. Contact the Exposure Control Officer. 2. Follow the guidelines set forth in this directive, and the recommendations of the Exposure Control Officer. 3. Ensure that a copy of the injury report is delivered to the Human Resources Division by 0800 the next business day. 4. Inform the employee to report to the Human Resources Division by 0800 the next business day. POST EXPOSURE EVALUATION AND FOLLOW-UP PROCEDURE A. An employee who has had an exposure incident as defined by this directive will: 1. Immediately, or as soon as possible, wash the affected area with the supplied disinfectant hand wipe. Then, wash/flush the affected area with soap and warm water. 2. For eyes, nose or mouth exposure, flush the area with water for a minimum of fifteen (15) minutes. 3. For needle sticks, cuts, or any cutting or puncture wound, scrub the area with soap and water for a minimum of five (5) minutes. Seek medical attention if the cut or puncture wound is serious. 4. B. In the event of a possible exposure incident to an employee, the supervisor will: 1. Determine whether the employee needs medical attention, and if so, seek the appropriate medical care for the employee. 2. Ensure that the employee has decontaminated himself or herself as outlined in Section XIII of this directive. 3. Interview the possible source of the exposure to determine the possibility of the source being a carrier of an infectious disease. Follow the steps outlined below, depending upon the results of the initial investigation. 4. When a source of possible exposure is cooperative in giving his/her blood for testing and is not in custody, the supervisor will: a. Notify the Exposure Control Officer. b. Obtain written consent from the source for testing and release of results on the Blood Testing and Medical Record Release form. c. Transport the source for testing to Airport Reference Laboratory, 5040 Airport Center Pkwy., Mon-Fri 0800-1700. At all other times, the source will be taken to Presbyterian Hospital Laboratory, second floor) 5. When source of possible exposure is in custody and is cooperative in giving his or her blood for testing, the supervisor will notify the Exposure Control Officer, who will respond to the jail to obtain a blood sample from the source. 6. When a source of possible exposure is in custody and uncooperative in giving his or her blood for testing, the supervisor will: 7. C. Notify a supervisor immediately after following steps 1 – 3, above. a. Notify the Exposure Control Officer immediately; and b. Ensure that the exposed employee appears before the magistrate, prior to the source appearing before the magistrate, to request a twenty-four (24) hour hold, with out bond, on the source in order for possible testing. When a source of possible exposure is not in custody and is uncooperative in giving his or her blood for testing, the supervisor will: a. Notify the Exposure Control Officer immediately; and b. Attempt to obtain written consent for testing and release of test results on the Blood Testing and Medical Record Release Form. If the possible source of exposure has been arrested and does not consent to testing, the exposed employee must present evidence concerning the occupational exposure to a magistrate. The magistrate will consider the following factors in deciding if there is probable cause to hold the subject for investigation and possible testing, under the provisions of N.C.G.S. 15A-534.3: D. 1. The nature of the exposure to disease. For example, provide an explanation of how the employee was exposed. 2. Circumstances concerning the subject's background indicating that he or she may be at risk for being a carrier of HBV, HCV, HIV, AIDS, or any other infectious disease. If the magistrate determines that there is probable cause to hold an arrested source, for up to twenty-four (24) hours without bond, for investigation and testing, the magistrate will call a designated representative from the County Health Department. The representative will conduct an investigation that includes contacting the source and the officer about the circumstances surrounding the possible exposure, within twenty-four (24) hours. If the circumstances surrounding the exposure and the source's risk for being a carrier of either HBV, HCV, AIDS or other infectious disease are present, the source will be ordered to have blood drawn for testing. If the source does not comply with the order of the Health Department to submit to testing, the Health Department representative will seek a court order from a district or superior court judge through the magistrates at the Intake Center. 1. If the court issues an order for testing of an arrested source, the jail nurse will draw blood from the source. 2. The police supervisor will take custody of the blood and take it to the appropriate facility for testing. E. All sources of exposure who are in custody and in need of medical attention, will be taken to Presbyterian Hospital for treatment; unless, the subject needs trauma care, or Medic determines it is necessary to transport the source elsewhere. The supervisor of the exposed employee will notify the emergency room personnel and contact the Laboratory Supervisor at Presbyterian Hospital. If the source is transported elsewhere, a physician will be contacted at the receiving facility, and a blood sample will be requested. F. When the source is deceased, the supervisor will contact the Medical Examiner's Office and request a blood sample from the source. A supervisor will be contacted to take custody of the blood and take it to the appropriate facility for testing. If the death is not a Medical Examiner case the Exposure Control Officer will be immediately contacted. G. All exposures, or potential exposures, will be documented on the Exposure Report Form and the Supervisor's Investigative Package for employee injury. 1. Copies of reports will be routed as follows: a. Originals through the employee's chain of command to Internal Affairs. b. One copy to the Exposure Control Officer. c. One copy to the Human Resources Division. XIV. All copies are to be kept confidential. 3. The original Blood Testing and Medical Record Release form will be provided to the testing facility. A copy of the form will also be included in the Supervisor's Investigative Package. EXPOSURE TO TUBERCULOSIS A. B. XV. 2. If an employee is required to serve a Health Department warrant for tuberculosis treatment, or transports a known tuberculosis patient, the officer will: 1. Notify his or her immediate supervisor. 2. Transport the subject with the vehicle's windows open, the air conditioning off, and the fan in the non-re-circulate mode. 3. Employees exposed to known tuberculosis carriers will be tested for tuberculosis at OCCMED@COS, 1915 Randolph Rd., Charlotte, NC. An appointment will be made by the Human Resources Division. If an employee is exposed to tuberculosis as described above, the employee's supervisor will: 1. Notify the Exposure Control Officer. 2. Complete the Exposure Report Form and a Supervisor's Investigative Packet for Employee Injury, and follow the same routing procedure as for blood exposures. POST EXPOSURE MEDICAL EVALUATION AND FOLLOW-UP A. A confidential medical evaluation and follow-up will be made available to an employee in the event of an exposure incident. B. OCCMED@COS, 1915 Randolph Rd., Charlotte, NC, will conduct all post exposure evaluations. C. A physician with OCCMED@COS will inform the employee of the test results from the source. D. The employee's blood will be drawn and tested, after consent is given. E. 1. If the employee consents to baseline blood collection, but does not consent to HIV testing, the sample will be preserved for 90 days. 2. If within 90 days the employee consents to HIV testing, the sample will be tested. The physician will provide the CMPD and the employee with a written copy of his or her evaluation and follow-up, which will contain only the following. 1. A confirmation that the employee has been informed of the results of the evaluation. 2. F. XVI. A confirmation that the employee has been informed of any medical conditions that will require further evaluation and/or treatment. Medical follow-up will include: 1. Counseling 2. Medical evaluation of any reported illness after exposure. DISCLOSURE OF CONFIDENTIAL MEDICAL INFORMATION In accordance with N.C.G.S. 130A-143, all information and records that identify a person who is infected with HIV/AIDS or who has, or may have, a disease or condition outlined in this directive will be strictly confidential. XVII. REFERENCES Occupational Safety and Health Administration Standard, Title 29, Code of Federal Regulations CFD/CMPD Biological Waste Clean-Up Memorandum of Understanding N.C.G.S. 130A-143 N.C.G.S. 15A-534.3 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Evidence Management Effective Date 01/18 /2008 I. 700-002 1 of 4 PURPOSE To provide guidelines for collecting evidence, turning evidence in to Property and Evidence Management Division, and transferring evidence from storage to court. II. POLICY Only authorized personnel will have access to the Property and Evidence Management Division’s evidence and property storage areas and rooms. III. PROCEDURE A. The responsibility of the impounding employee for the handling and disposition of evidence ceases at the time it is properly documented on a KBCOPS Supplement Report and the evidence is submitted to the Property and Evidence Management Division, unless the impounding employee is also the investigating officer. B. If the evidence impounded is of a perishable nature, and the Crime Laboratory Evidence Analysis Request Form has not been completed within twenty-four hours after the evidence is submitted, the Property and Evidence Management Division will forward the Property Report to the Deputy Chief of the Administrative Services Group. C. Officers to whom cases are assigned for investigation are required to review the evidence related to their cases before the end of their tour of duty on the day they receive notification that evidence has been submitted for storage. 1. Evidence review will be accomplished by examining and evaluating the items of evidence stored in the Property and Evidence Management Division and/or by electronic review in the Property Evidence Management System. 2. Notification that evidence is in storage will be by completion of the Crime Scene Supplement Report, or a Supplement Report from the impounding employee. 3. After reviewing the available evidence, the officer in charge of the case will have the discretion to do one of the following: a. Release or dispose of the evidence pursuant to D or E; b. Complete a Crime Laboratory Evidence Analysis Request Form to forward the evidence to the Crime Lab for analysis; or: c. Hold the evidence pending further developments in the case. In this situation, the investigating officer will be required to return to the Property and Evidence Management Division at a later date to dispose of the evidence. Charlotte-Mecklenburg Police Department Interactive Directives Guide Evidence Management Effective Date 01/18 /2008 D. E. F. 700-002 2 of 4 Evidence may be released or disposed of only by the investigating officer. Evidence in felony cases that have been papered will be disposed of as directed by the Prosecution Disposition form, which the District Attorney's Office forwards to the officer in charge of the case once the case is completed. 1. Release of evidence is accomplished by completing the Authorization for Property Release. Disposition may also be made by using the computer generated disposition form. 2. A court order authorizing the destruction of evidence used in the prosecution of a case in court will be obtained by the investigating officer before evidence can be destroyed. 3. Non-contraband property with evidentiary value (i.e., property seized evidence but never introduced in court): Once it has been determined by investigating officer that no prosecution will or should ensue, he will order property released to the rightful possessor. In the event the property is claimed by the entitled person to it, it will be disposed of properly. as the the not After the evidence has been stored for ninety days or for non-productive case, computer-generated disposition request form sent to the investigating officer by Property and Evidence Management Division must be completed and signed by investigating officer and signed by the investigating officer's supervisor before property in question may be disposed of. the the the the 1. If property is to be returned to the owner, it must be of sufficient value so that the owner will want to reclaim it. Contraband may not be returned to the original owner. 2. Care will be taken to ensure that the owner's correct name and address are placed on the computer-generated property disposition request form for any items which are to be returned. Whenever an item of property is subject to conflicting claims of ownership, the property may not be released in the absence of a court order. The Property and Evidence Management Division will maintain a daily log listing the name, address, and phone number of any person claiming or inquiring about property (whether the Property and Evidence Management Division personnel think they have the property in question or not), the date, and a brief description of the property being sought. 1. Material which is an evidence standard against which evidence can in the future be compared may be collected by Crime Scene Search Technicians or other authorized personnel and turned in to the Property and Evidence Management Division. It will be noted on the Property Report form and the submitting officer's supplemental report that the material is an evidence standard. The investigating officer will be responsible for submitting a Crime Charlotte-Mecklenburg Police Department 700-002 Evidence Management Interactive Directives Guide Effective Date 01/18 /2008 3 of 4 Laboratory Evidence Analysis Request Form when appropriate, and disposing of the material when it is of no further use. 2. Fingerprints turned in to the Property and Evidence Management Division will be released to the Crime Laboratory. A representative of the Crime Laboratory will acknowledge receipt of fingerprints by signing the original copy of the Property Report form in to the Crime Laboratory. The original copy of the Property Report will be retained by the Property and Evidence Management Division. 3. All Firearms and fired/discharged ammunition evidence will be turned into the Property and Evidence Management Division (Refer to 700-001 III. K.1-4) The investigating officer in charge of the case will complete a Crime Laboratory Evidence Analysis Request Form. The request will be submitted to the Crime Laboratory Division for review. Applicable Firearms and ammunition evidence (discharged cartridge cases and fired bullets) are required for entry into the Integrated Ballistic Identification System- IBIS. G. Forged document evidence submitted to the Property and Evidence Management Division for storage may be checked out and released to Fraud and Forgery Unit investigators. The investigators will sign the original copy of the Property Report form acknowledging the receipt of the forged document(s). The original copy of the Property Report will be retained by the Property and Evidence Management Division. H. Transferring Evidence from Storage to Court 1. When it is expected that evidence taken from the Property and Evidence Management Division will be held by the Court, the following procedure will be followed: a. After obtaining the evidence from the Property and Evidence Management Division, the officer will sign for receipt of the evidence on the original copy of the Property Report, and take both the original and the owner's copy of the Property Report to court. b. The presiding Judge, the Clerk of Court, or the District Attorney must sign the original copy of the Property Report as a receipt for the items held in evidence. c. The original copy of the Property Report will be returned to the Property and Evidence Management Division as a record of the location of the evidence. d. If the original of the Property Report is entered in court to show a chain of custody, the owner's copy of the Property Report must be signed and validated by a representative of the Clerk of Court's office to show that Charlotte-Mecklenburg Police Department 700-002 Evidence Management Interactive Directives Guide Effective Date 01/18 /2008 4 of 4 the original was retained, and the owner's copy will be returned to the Property and Evidence Management Division. e. 2. 3. IV. If the owner's copy is missing or has been used, a photocopy will be substituted. When items of evidence are released by the Court (following disposition of a case), the following procedures apply: a. The Judge or the Clerk of Court must return the items in question to the officer in charge of the case, and that officer must sign the original of the Property Report as receiving the evidence. b. Under "Reason," the Judge or Clerk of Court must specify the disposition they intend for the evidence in question and must initial this notation. The Property Report will also be accompanied by a letter from the Judge authorizing the disposition. c. The evidence in question will be returned to the Property and Evidence Management Division by the officer in charge of the case along with the original of the Property Report, and the Property and Evidence Management Division will carry out the intended disposition. Whenever items are returned to the Property and Evidence Management Division, the Property custodian will sign the original of the Property Report acknowledging receipt and return the items to storage. REFERENCE 700-001 Submitting Impounded Property 700-006 Laboratory Analysis of Evidence CALEA Charlotte-Mecklenburg Police Department Found Property Interactive Directives Guide Effective Date 01/18 /2008 I. 700-003 1 of 2 PURPOSE To provide guidelines for impounding and the proper disposition of found property. II. PROCEDURE A. When submitting an item to the Property and Evidence Management Division as found property, an employee should determine that the item has some value and that it would have value for the average person. Items which are worthless or which appear to have been discarded should not be impounded. B. Contraband found by an employee will be submitted to the Property and Evidence Management Division and should be destroyed as soon as possible, unless it has evidentiary value. C. Found property will be returned to the owner, if the owner is known and can be located. D. If the owner of found property is not known or cannot be located within a reasonable length of time, the person who found the property is entitled to claim it as their own. An officer who receives found property from an individual should inform that person of their right to claim it. In all cases, the impounding officer will list the appropriate information about the person who found the property on the Property Report, and indicate in the Authorization for Property Release section of the Property Report the person who found the property as the person entitled to it. The Property and Evidence Management Division will notify the individual who found the property, in writing, of their right to claim it as their own, if the true owner does not claim it. Property found by a civilian will not be auctioned or disposed of as unclaimed, unless such notice has been sent. 1. 2. Release of Found Firearms- If the firearm remains unclaimed for a period of 30 days after a publication of the notice. A person who finds a firearm and turns it into the Property and Evidence Management Division (or a law enforcement officer) as found property may claim the unclaimed firearm after the period of 30 days provided the person satisfies the following: a. is qualified under state and federal law to possess the firearm b. presents a pistol permit issued in accordance with Article 52A of Chapter 14 of the North Carolina General Statues. c. Firearms and fired evidence should not be released or destroyed unless or until all analyses and investigations are complete or it becomes legally necessary. Police personnel are not entitled to claim found property. Charlotte-Mecklenburg Police Department Found Property Interactive Directives Guide Effective Date 01/18 /2008 E. III. 700-003 2 of 2 All found or otherwise recovered unregistered motorcycles and mopeds will be turned in to the Property and Evidence Management Division, if the officer is unable to determine ownership at the time of recovery. If the moped or motorcycle is too large to be transported in the trunk of the patrol car, the officer will ask the telecommunicator to send a wrecker from the company that currently tows vehicles for CMPD. The officer will accompany the wrecker to the designated storage area for found property and turn the motorcycle/moped in to the Property and Evidence Management Division. REFERENCE 700-001 Submitting Impounded Property 700-004 Release of Property N.C.G.S. 15-11.2 Charlotte-Mecklenburg Police Department Release of Property Interactive Directives Guide Effective Date 01/18 /2008 I. 700-004 1 of 1 PURPOSE To provide guidelines for the release of impounded property to the proper owner. II. PROCEDURE A. The Property and Evidence Management Division must have an Authorization for Property Release, a computer generated disposition form or a document signed by the District Attorneys or Judges on file before any evidence, found property, or recovered property may be released. All documents require the signature of the investigating or impounding officer. Exception: The officer's supervisor is responsible for determining the disposition of property impounded by or assigned to an officer who has separated from the Department (retirement, resignation, termination, etc.) before proper disposition was made. III. B. When possible, an officer should give the person to whom the property is to be released the complaint number of the case under which the property is filed. C. In the event a citizen does not have the complaint number, Property and Evidence Management Division personnel will contact the Records Bureau by phone to obtain the number. A citizen should not be sent to the Records Division unless absolutely necessary. D. Investigating officers, officers in charge of cases, or employees impounding property are responsible for making a reasonable attempt (i.e., checking serial numbers through N.C.I.C., talking to witnesses, etc.) to determine the name and address of the owner of found property and evidence, and for notifying the Property and Evidence Management Division of this information. Determining the correct owner of property or evidence, or the person who should receive the property or evidence, is the responsibility of the impounding employee or investigating officer. Proper disposition of impounded property is a responsibility shared by the impounding employee and Property and Evidence Management Division personnel. E. Firearms and fired evidence should not be released or destroyed unless or until all analyses and investigations are complete or it becomes legally necessary. REFERENCE 700-001 Submitting Impounded Property 700-002 Evidence Management 700-003 Found Property Charlotte-Mecklenburg Police Department 700-005 Disposition and Release of Evidence in Non-Productive Interactive Directives Guide Cases Effective Date 01/18 /2008 I. 1 of 2 PURPOSE To provide guidelines for the proper disposition of evidence when suspects cannot be identified, or when there is little expectation of developing a suspect. II. PROCEDURE A. B. If, after six months in misdemeanor cases and one year in felony cases, it becomes apparent that evidence being held is of no value and will not contribute to the investigation of the case, the evidence should be disposed of using the following criteria: 1. The evidence in question could not specifically identify a suspect, if one was identified. 2. No suspect has been developed, and there is no likelihood that one will be developed. 3. No circumstances exist which would justify retaining the evidence. 4. The supervisor of the officer or investigator concurs with the decision to dispose of evidence. 5. Once it is determined that the property is of no value to the case, the property in question will be released to the rightful possessor, exclusive of contraband or illegal items which must be destroyed. In the event that property is not claimed by the person entitled to it, the items will be advertised and sold at an auction. 6. All firearms not claimed by owners, as well as those firearms which the court orders to be destroyed, are placed inside steel barrels. After the barrel is full, it will be sealed and witnessed by personnel from the Internal Affairs, and the Property and Evidence Management Division. The sealed barrels are then destroyed. Several qualifications for release of evidence are applicable at all times. 1. There is no time limit on any case involving a death or infamous crime. 2. Exceptions can be made in any case where reason exists for keeping evidence longer than the prescribed time. 3. Due to the simplicity of storage and their value for future reference, fingerprint evidence will be maintained permanently. Charlotte-Mecklenburg Police Department 700-005 Disposition and Release of Evidence in Non-Productive Interactive Directives Guide Cases Effective Date 01/18 /2008 III. REFERENCE 700-002 Evidence Management 700-006 Laboratory Analysis of Evidence 2 of 2 Charlotte-Mecklenburg Police Department Interactive Directives Guide I. 700-006 Laboratory Analysis of Evidence 1 of 2 Effective Date 04/15/2014 PURPOSE To establish guidelines for requesting forensic analyses of physical evidence from the Crime Laboratory in order to provide for evidence integrity, continuity, and documented chain of custody. II. III. DEFINITIONS A. PLIMS: The Property & Laboratory Information Management System (PLIMS) is the electronic system used by the Charlotte Mecklenburg Police Department for documenting all property. It will track the Chain of Custody from intake, laboratory examination and disposition of all property in CMPD custody. B. Investigating Officer: The officer assigned to the case in KBCOPS. This Officer is responsible for the disposition of the property. C. AFIS: Automated Fingerprint Identification System (AFIS) is a national automated fingerprint identification and criminal history system maintained by the Federal Bureau of Investigation (FBI). AFIS provides automated fingerprint search capabilities, latent searching capability, electronic image storage, and electronic exchange of fingerprints and responses. D. NIBIN: National Integrated Ballistic Information Network is a specialized computer network maintained by the ATF. It contains digital images of recovered pieces of ballistic evidence. PROCEDURE For the purpose of this directive, the “investigating officer” will be defined as the person assigned as the primary investigator as indicated in the KBCOPS case assignment history. A. Only the investigating officer may submit a Service Request for evidence analysis. B. The investigating officer may request laboratory analysis by properly completing the Service Request function in the PLIMS application. C. All evidence shall remain in the Property and Evidence Management Division until requested by the Crime Laboratory analyst assigned to the case. D. Latent fingerprints shall be maintained or archived by the Latent Fingerprint Unit and shall be submitted daily by the Property and Evidence Management Division. 1. Latent prints received are evaluated as to their quality upon receipt. All AFIS quality latent prints are searched in the State AFIS as they are received. If a suspect is identified, the submitting officer will receive an identification report via email link, usually within several days after the prints are received. A Service Request is not required to evaluate and enter AFIS quality prints. 2. Officers may submit a direct comparison request to compare latent prints of value to a known suspect if the suspect has a PID or State ID number. Those individuals Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-006 Laboratory Analysis of Evidence 2 of 2 Effective Date 04/15/2014 without numbers cannot be compared unless they are brought in and submit elimination prints. 3. E. IV. Physical evidence may be submitted for latent print processing. Drug evidence processing requests must come from the District Attorney’s office. Eligible firearms submitted to Property Control will be entered into the National Integrated Ballistic Information Network (NIBIN). A Service Request is not required for NIBIN entry (exceptions noted below). 1. NIBIN entry is mandatory for all semi-automatic pistols, including .22 caliber, 7.62x39mm (AK type) and .223 Remington (5.56mm) rifles and 12 gauge shotguns. NIBIN will no longer accept and acquire revolvers, rifles not described above and shotguns other than 12 gauge. 2. Officers will receive a report via email link that the firearm was entered into NIBIN. Officers must submit a Crime Laboratory Service Request for all firearms that are evidence in Homicides, Armed Robbery, Assaults with a Deadly Weapon or where a direct comparison is needed. All fired evidence (bullets and cartridge cases) must be submitted to the Crime Lab through a Service Request. F. The investigating officer should provide as much information as possible about the relationship of the evidence to the facts of the case and what needs to be established through evidence analysis. This information is entered into PLIMS in the Create Request field of the Service Request Function. G. Crime Laboratory analyst may contact investigating officers to obtain clarification or additional information regarding evidence analysis. H. Case priority, analytical procedures, processing sequence, techniques and methodology, shall be determined by the analyst or their supervisor. I. The chain of custody of evidence is tracked through the PLIMS application. J. The investigating officer shall immediately notify the Crime Laboratory, followed by a written supplement or e-mail, if for any reason a requested laboratory analysis becomes unnecessary or if there are changes in the case, which should modify, terminate or expedite laboratory work already in progress. REFERENCES 700-001 Submitting Impounded Property 700-002 Evidence Management 700-003 Found Property 700-004 Release of Property 700-005 Disposition and Release of Evidence in Non-Productive Cases Charlotte-Mecklenburg Police Department Interactive Directives Guide Property Seized From Pawn Shops Effective Date 09/07/2007 I. 700-007 1 of 3 PURPOSE To establish procedures for the lawful seizure and disposition of property confiscated as evidence from a pawn shop. II. PROCEDURE A. Property impounded (i.e., voluntarily or involuntarily seized) from a pawn shop will be seized only when there is probable cause to believe it is evidence of a crime. All property seized from a pawn shop will be submitted to the Property and Evidence Management Division for storage according to the terms and provisions of this directive and directives 700-001 and 700-002. Officers impounding evidence from a pawn shop will do the following: 1. Determine whether probable cause exists that the particular property in question is evidence of a crime. The following factors will be considered in determining whether there is probable cause to believe the property is evidence of a crime: a. Positive identification of the property by the victim of a reported crime; or b. Identifying information connecting the property in the pawn shop to a particular crime, such as a serial number or other mark; or c. Information connecting a particular suspect pawning the property to a particular crime. 2. The investigating officer with probable cause to seize an item from a pawn shop as evidence of a crime will direct the victim or reporting person not to be present at the pawn shop when evidence is impounded. A victim or reporting person will be advised that property seized from a pawn shop is held by the Department as evidence in a criminal case and will be released pursuant to the terms and conditions of this Directive. 3. Under certain limited circumstances an investigating officer may utilize a "Hold" procedure. The "Hold" procedure is a voluntary agreement between the Department and the pawn shop to hold an item for thirty (30) days at the pawn shop prior to selling it. The following examples are provided as appropriate circumstances for utilizing the voluntary "Hold" procedure. 4. a. The officer has probable cause to seize the property, but the size or weight of the property presents a problem for the Department in transporting and storing the property in the Property and Evidence Management Division; or b. The officer does not have probable cause to seize the property at this time, but has at least reasonable suspicion to suspect the property may be evidence of a crime and that probable cause may develop with an additional thirty (30) days to investigate the case. The investigating officer will ask for the consent of the pawn shop to voluntarily release the property. If the pawn shop voluntarily consents to release the property, a Property Report Form, Consent to Search Form, and an Inventory of Seized Charlotte-Mecklenburg Police Department Interactive Directives Guide 700-007 Property Seized From Pawn Shops Effective Date 09/07/2007 2 of 3 Property Form will be completed, and copies of each form provided to the pawn shop representative. B. 5. If the pawn shop does not voluntarily consent to release the property, the officer should work with a pawn shop detective to secure a search warrant prior to seizing the property. The search warrant will be executed and the property impounded as evidence by the officer assigned to the case. A copy of the search warrant, the Property Report Form, and an Inventory of Seized Property Form will be completed and copies provided to the pawn shop representative. 6 A Pawn Shop Detective will assist investigating officers with impounding property from a pawn shop when requested. 7. In the course of an investigation involving evidence of a pawn transaction the investigating officer must submit the pawn ticket for a fingerprint comparison. 8. If a case is presented for prosecution, the investigating officer will obtain and present a written statement from the pawn shop employee who accepted the property for sale and a copy of the pawn ticket. The written statement must provide the District Attorney with available identifying information about the person who pawned the item. The statement may include a request for restitution from the pawn shop. Disposition and Release of Pawn Shop Evidence All property impounded from a pawn shop will be submitted to the Property and Evidence Management Division and a "hold" placed on the property until it is no longer needed as evidence in a criminal case. The property will be released to the victim of a crime unless the investigating officer determines there is evidence of fraud on the part of the victim in reporting the crime or there is a court order directing the disposition of the property to another person or the victim refuses to prosecute the suspect. Property seized from a pawn shop will be held by the Department for 90 days from the date of the pawn unless there is a court order specifying an earlier date to release the property. Property seized from a pawn shop as evidence of a crime will be released as follows: 1. Property seized from a pawn shop and held as evidence in a felony prosecution. When a felony case is presented for felony screening, the officer presenting the case shall request the Assistant District Attorney papering the case to authorize the release of the evidence per Departmental policy on the District Attorney Property Disposition Form (A-73-PD). Before signing a release for the property, the officer papering the case will photograph the property and maintain copies of the photographs as evidence per directive 700-001; or 2. Property seized from a pawn shop and held as evidence in a misdemeanor prosecution. If a warrant is signed for the prosecution of a misdemeanor crime, the officer in charge of the case will request the District Attorney to authorize the release of the property per Departmental policy pending the final disposition of the case. Prior to signing a release of the property, photographs will be taken and maintained as evidence per directive 700-001; or Charlotte-Mecklenburg Police Department Property Seized From Pawn Shops Interactive Directives Guide Effective Date 09/07/2007 C. D. 3 of 3 3. Property seized from a pawn shop and held as evidence for a time period of 90 days in the Property and Evidence Management Division will be released if no suspect has been identified to prosecute for a crime involving the property. 4. After 90 days, if an officer assigned to investigate a crime involving property seized from a pawn shop has not identified a suspect to charge with the crime, the officer will release the property with the concurrence of his or her supervisor. Prior to signing a release of the property, photographs will be taken of the property and maintained as evidence per Directive 700-001. Enforcement of the Pawn Shop fingerprint ordinance. 1. Violations of the ordinance are to be referred to the Pawn Shop unit for investigation. 2. A Pawn Shop detective will document alleged violations of the Pawn Shop fingerprint ordinance in KBCOPS. Retention schedule for pawn tickets Pawn tickets will be retained by the Pawn Shop Unit for one year. III. 700-007 REFERENCES 700-001 Submitting Impounded Property 700-002 Evidence Management Charlotte-Mecklenburg Police Department Interactive Directives Guide Currency/Asset Forfeiture Effective Date 04/14/2014 I. 700-008 1 of 4 PURPOSE To establish guidelines on how seized currency is impounded into the Property and Evidence Management Division of the Charlotte-Mecklenburg Police Department, and to establish the steps necessary for the evidence to be considered for forfeiture by State or Federal agencies. II. POLICY Sworn police officers with CMPD are authorized to seize currency and other items of value as evidence of a crime. After the evidence has been impounded, the Asset Forfeiture Unit will review the case and determine if the items of value are eligible for forfeiture by various Federal agencies or seizure by the North Carolina Department of Revenue for payment of unauthorized substance tax assessments. III. DEFINITIONS A. Property: Items that are not legally owned by the Charlotte Mecklenburg Police Department, which are seized, collected, turned over or held within the custody of the Charlotte Mecklenburg Police Department for the purpose of safe keeping, investigation, forfeiture, or identification. B. Chain of Custody: The chronological documentation, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence. C. Found Property: Non-evidentiary property coming into the custody of a law enforcement agency that has been determined to be lost or abandoned. These items are held to provide an opportunity to determine the legal owner. Found property does not include intentionally abandoned property, which will not be stored. D. Property for Safekeeping: Non-evidentiary property placed into temporary custody of the Charlotte Mecklenburg Police Department for the purpose of safeguarding for a rightful owner. Property where the rightful owner is known at the time the property is impounded will be categorized as “Safekeeping” in the PLIMS. E. Evidence: Any item seized as part of a criminal investigation. F. Collecting Officer: The individual responsible for the physical collection and packaging of property. G. Booking Officer: The individual responsible for the data entry and documentation of collected property, as well as the physical action of turning over the property to the Property and Evidence Division. H. PLIMS: The Property & Laboratory Information Management System (PLIMS) is the electronic system used by the Charlotte Mecklenburg Police Department for documenting all property. It will track the Chain of Custody from intake, laboratory examination and disposition of all property in CMPD custody. Charlotte-Mecklenburg Police Department Interactive Directives Guide Currency/Asset Forfeiture Effective Date 04/14/2014 IV. 700-008 2 of 4 I. Investigating Officer: The officer assigned to the case in KBCOPS. This Officer is responsible for the disposition of the property. J. Service Requests: A function of PLIMS where the investigator assigned to the case submits lab requests for items that need to be analyzed. K. End of tour of duty: The end of the shift the booking officer is assigned to the day the evidence is seized. L. Unauthorized Substance Tax: An excise tax on controlled substances (marijuana, cocaine, etc.), illicit spirituous liquor ("moonshine"), mash and illicit mixed beverages. The tax is due by any individual who possesses an unauthorized substance upon which the tax has not been paid, as evidenced by a stamp. PROCEDURE A. All currency impounded (seized under any circumstances) by employees will be turned into the Property and Evidence Management Division for storage no later than the end of the tour of duty during which it is impounded. B. Under no circumstance will an employee store impounded property in a location other than the Property and Evidence Management Division for a period beyond the end of the tour of duty during which it was seized. C. All impounded coin and currency will be turned in the Property and Evidence Management Division and documented in PLIMS. 1. Cash, currency and other negotiable instruments will be impounded as “Evidence,” “Found,” or “Safe Keeping.” 2. Cash, currency and other negotiable instruments must never be impounded for “Asset Forfeiture” or for payment of the North Carolina Unauthorized Substances Tax (“drug tax”) law. a. State law provides that only an agent of the North Carolina Department of Revenue or a Sheriff may collect Unauthorized Substance Tax assessments. b. Charlotte-Mecklenburg Police Department officers are not authorized to seize money from individuals for payment of any outstanding unauthorized substances (“drug”) tax assessments. 3. The responsibility for accurately counting all currency and coinage placed into the Property and Evidence Management Division rests solely with the booking Officer. 4. A currency or coin counter may be utilized to verify the booking officer’s count, however, a currency or coin counter shall not be relied upon in place of a hand count. Charlotte-Mecklenburg Police Department Interactive Directives Guide Currency/Asset Forfeiture Effective Date 04/14/2014 5. 6. 700-008 3 of 4 It is required that the counting of all cash (currency and coins) be witnessed by a second officer. a. Cash amounts less than one thousand dollars ($1,000.00) require that the currency be recounted and verified by a second officer or supervisor. The verifying officer or supervisor will be prompted to enter their code number and password in PLIMS. b. Cash amounts greater than one thousand dollars ($1,000.00) require that the currency be recounted and verified by a supervisor or unit commander. The verifying supervisor will be prompted to enter their code number and password in PLIMS. Prior to being submitted to the Property and Evidence Management Division, all: a. b. c. Currency 1) Will be separated and grouped together by denomination (i.e. $1, $5, $10, $20, $50, and $100 bills). 2) Will be laid flat and not be folded in any manner. 3) Will be oriented with the facial portraits facing in the same direction. Coins (large quantities of mixed denomination) 1) Will be separated by denomination (1¢, 5¢, 10¢, 25¢, 50¢ and $1coins) 2) Each denomination of coin will be placed in separate small envelopes (by denomination) within the main evidence envelope. The amount of each denomination will be documented in PLIMS, and the total calculated by the officer will be entered. 8. The booking officer will complete all calculations and indicate the grand total of the cash impounded in the field labeled “Current Value” in PLIMS. 9. Discrepancies in the amount of cash seized and the amount of cash reported on the Property Report, may result in a criminal and/or internal investigation. 10. Foreign currency and coins seized as evidence, found or safekeeping should be reported as above since they have value and may be easily converted to United States currency and coinage. 11. Food stamps, travelers’ cheques and similar items that are not easily negotiated should be handled as any other paper evidence. Charlotte-Mecklenburg Police Department Interactive Directives Guide Currency/Asset Forfeiture Effective Date 04/14/2014 12. 4 of 4 Collector’s currency and coins, such as proof sets or gold coins that are packaged for display, will be reported in PLIMS as a separate item from other seized cash C. If currency is seized from more than one individual in the same case, the currency from each individual should be packaged separately and listed as a separate item number in PLIMS. The person the currency was impounded from, the amount impounded from each individual, and the location of impound should also be documented in KBCOPS. D. The on-duty/on-call vice supervisor shall be notified when cash in excess of $10,000.00 is seized. E. For cases involving seized drugs, if the seizure includes taxable quantities of controlled substances, the booking officer shall properly complete as many Form BD4’s (“Report of Arrest and/or Seizure Involving Non-tax paid (Unstamped) Controlled Substances”) as required (i.e., multiple drugs require multiple forms; multiple codefendants require multiple forms), and submit them electronically via e-mail to the Asset Forfeiture Unit within 48 hours of the seizure [e-mail address “_CMPD ASSET FORFEITURE in the Outlook global address list]. “Taxable Quantities” of controlled substances are: F. V. 700-008 1. Marijuana – more than 42.5 grams. 2. Controlled substance sold by weight – 7 or more grams. 3. Controlled substance sold by “dosage unit” – 10 or more dosage units. The electronic Form BD-4 (Drug Tax Form) may be located on CMPD’s portal main page under CMPD forms>Forms by name>Drug Tax Form. REFERENCES 700-002 Evidence Management 700-003 Found Property 700-004 Release of Property 700-005 Disposition and Release of Evidence in Non-Productive Cases 700-006 Laboratory Analysis of Evidence Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Public Records and Department Information Effective Date 05/15/2009 I. 800-001 1 of 5 PURPOSE To provide employees with guidelines about the use, access and release of records and other information in the possession of the CMPD and to distinguish public records from confidential information. II. POLICY The CMPD realizes that records of criminal investigations and criminal intelligence information are confidential and will not be released to unauthorized personnel or to the public. However, Department records, including certain personnel records, may be public records and, if so, may be required to be released in accordance with North Carolina public records law. III. IV. DEFINITIONS A. Department Information: Any information accessed or maintained by the CMPD including information generated by other certified law enforcement agencies/government agencies and information available for use by CMPD employees with a legitimate need. B. Records of Criminal Investigations: All records or any information that pertains to a person or group of people that is compiled by the CMPD for the purpose of attempting to prevent or solve violations of the law, including information derived from witnesses, laboratory tests, surveillance, detective work, confidential informants, photographs and measurements. C. Records of Criminal Intelligence Information: Records or information that pertain to a person or group of people that is compiled by the CMPD in an effort to anticipate, prevent or monitor possible violations of the law. D. Personnel Records: Any information, in any form, gathered by the City and/or the CMPD with respect to an employee and, by way of illustration but not limitation, relating to an employee’s application, selection or non-selection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary and termination of employment. The term “employee” includes former employees of the City and/or the CMPD. PROCEDURE A. CMPD employees must observe security measures in order to maintain the privilege of using available information sources. B. The disclosure of criminal record or history information shall be only to members of authorized criminal justice agencies who have an official need for such information and in compliance with the restrictions set forth by the Division of Criminal Information (DCI). Violation of National Crime Information Computer (NCIC) or Division of Criminal Information (DCI) security measures could result in the termination of the Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-001 Use of Public Records and Department Information Effective Date 05/15/2009 2 of 5 CMPD’s participation in Federal and State networks and denial of access to those networks. V. ACCESS TO DEPARTMENT INFORMATION Employees may access department information, including police, routine personnel information, NCIC, DCI and any other county or city database only for the intended purpose, on a justified law enforcement basis. Access and subsequent release of such information should be in accordance with all laws and CMPD procedures. VI. USE OF INFORMATION A. Use and Release of Department Information 1. Employees will not request or run a Computerized Criminal History (CCH) without a justified law enforcement need. Legitimate purposes would be the investigation of an active case or conducting a background investigation for law enforcement employment. Employees will not disseminate CCH to noncriminal justice persons, or to Criminal Justice personnel without an official need. 2. Employees will not request and/or run a Driver's History or DMV inquiry without a justified law enforcement need, nor should employees disseminate drivers' history information unless authorized by CMPD policy or by law. 3. Employees will not release local arrest information, offense information or warrant information pertaining to a criminal investigation except with a justified law enforcement need, in accordance with proper procedures, or as otherwise required by law. 4. Employees will not allow citizens to view criminal investigative or criminal intelligence information on any CMPD computer screen. This information is for law enforcement purposes and will not be released to the public. 5. Employees working secondary employment should use information systems for law enforcement use on a justified basis only. Employees may provide information considered public record to secondary employers when the information is obtained while off duty and through public access. To secure information considered a matter of public information for secondary employers, an officer must complete appropriate forms and follow the same procedures as any citizen would follow. 6. Officers, including detectives, are not to discuss a case with other officers who do not have a legitimate need for the information. 7. The CMPD has access to databases of other departments. This information does not belong to the CMPD. No access or dissemination should be made of Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-001 Use of Public Records and Department Information Effective Date 05/15/2009 3 of 5 this information without a legitimate law enforcement need or as required by law in the event the information is public record. B. C. Information That May Be Released 1. Descriptions of found or unclaimed property which is scheduled to be sold at a public auction. 2. Directives and policy statements. 3. Requests for unpublished crime statistics will be referred to the Research, Planning and Analysis Division (RP&A). RP&A will evaluate the request, respond pursuant to this directive, and consult with the Police Attorney’s office as needed 4. Survey requests from sources/agencies outside the CMPD will be referred to the RP&A Division for evaluation and response pursuant to this Directive. 5. Requests for information from criminal investigation files including Traffic Fatalities or any felony offense should be routed through the Police Attorney’s office. The Police Attorney’s office shall consult with the appropriate detective and chain of command to determine what, if any, information can be released and under what circumstances. 6. Information from a criminal intelligence file can be released to the general public only upon approval of the Commander of the Special Investigations Bureau. Information That Must Be Released Upon Request (Public Records) 1. Original incident reports 2. Traffic crash reports 3. Adult arrest reports (including arrest photographs) 4. The time, date, location and nature of a violation or apparent violation of the law reported to the CMPD. 5. The name, sex, age, address, employment and alleged violation of law of a person arrested, charged or indicted. 6. The circumstances surrounding an arrest, including the time and place of the arrest, whether the arrest involved resistance, possession or use of weapons or pursuit and a description of any items seized in connection with the arrest. 7. The contents of "911" and other emergency telephone calls received by or on behalf of CMPD, except for such contents that reveal the name, address, Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-001 Use of Public Records and Department Information Effective Date 05/15/2009 4 of 5 telephone number or other information that may identify the caller, victim or witness. 8. The contents of communications between or among employees of the CMPD that are broadcast over the public airways. 9. The name, sex, age and address of a complaining witness unless the release of the information would pose a threat to the health or safety of the witness or materially compromise a continuing or future criminal investigation: 10. a. Employees will temporarily withhold identifying information of a complaining witness in reported crimes of rape and sex offenses, crimes of domestic violence and for any crime when the complaining witness communicates the desire to have his or her name and address remain confidential. If the complaining witness is a juvenile victim, release of identifying information can be made only subject to the restrictions of this Directive and state law. b. In circumstances where the release of information, described in the above section VI.B.1-8, would jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future criminal investigation, the CMPD may seek a court order through the Police Attorney’s Office to prevent disclosure of the information. Employee personnel records a. The following information is public record concerning present or former employees: name, age, date of original employment or appointment to the service; the terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession; current position title, current salary, date and amount of the most recent increase or decrease in salary, date of the most recent promotion, demotion, transfer, suspension, separation or other change in position classification and the office to which the employee is currently assigned. The term “salary” includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the city. b. Release of any other personnel information must comply with N.C.G.S. 160A-168 allowing others to have access to a personnel file or removing, copying or examining confidential personnel files constitute a Class 3 misdemeanor. Any person seeking personnel information concerning an employee or former employee will be referred to the Human Resources Manager, or designee. Charlotte-Mecklenburg Police Department Interactive Directives Guide Use of Public Records and Department Information Effective Date 05/15/2009 11. VII. 800-001 5 of 5 Persons requesting public records will be referred to the Records Division Manager, or designee. Persons seeking confidential criminal investigative information or records shall be referred to the Police Attorney’s office. RIGHTS OF A CITIZEN This policy is not intended to restrict any criminal justice employee from information that would be available to any other citizen. However, when acting in a non-law enforcement capacity, the employee must access such information in the same manner and under the same procedures as a citizen. VIII. REFERENCES 800-002 Media Relations 800-003 DCI Messages N.C.G.S. 7B-2901, 7B-3001, 7B-3100 N.C.G.S. 132-1.4 N.C.G.S. 160A-168 Charlotte-Mecklenburg Police Department Media Relations Interactive Directives Guide Effective Date 09/16/2015 I. 800-002 1 of 5 PURPOSE This directive is to provide Charlotte-Mecklenburg Police Department (CMPD) employees with guidelines concerning the release of information to the media across a variety of situations and circumstances, including criminal investigations, crime scenes, departmental policy, and personnel issues. It also guides staff in working with the media and coordinating the appropriate communication of timely and accurate information. II. POLICY CMPD recognizes that a spirit of cooperation and openness is an essential component in fostering the trust and support of the community it serves. It is generally appropriate to release information unless it would be detrimental to the investigation or prosecution of a crime, or is of a confidential nature according to personnel and public records laws. Department employees (who are the appropriate spokespeople on a particular issue) are expected to respond accurately and in a timely manner to media requests for information and shall not represent opinion as fact. Except for routine requests for information, department employees will notify the Public Affairs Director of any media requests they receive. Any issues with the parameters of this directive encountered by either police personnel or media representatives should be reported in writing to the Public Affairs Director. III. DEFINITIONS A. On-Scene Interview: Inquiries regarding “on-scene” incidents shall be referred to the ranking officer (or designee) in charge at the scene. Only factual public information related to that incident shall be released. B. Follow-up Briefing or Release of Information: written or verbal C. Public Record Requests: see 800-001 D. Community/Media Event: Any event organized or sponsored by CMPD that is designed to attract substantial community and/or media interest; any event organized or sponsored by an outside organization that is designed to attract large crowds (e.g., Speed Street, July Fourth fireworks). E. Public Affairs Director (PAD): The Public Affairs Director manages the Department’s internal and external communications programs, web site, social media, and media relations. The PAD will promote effective relations between the news media and CMPD by: 1. Assisting the media covering news stories at the scene of police operations; 2. Responding to scenes of major crimes, officer-involved shootings, protracted SWAT operations, high-profile incidences, and other scenes upon request of the commanding officer or when activities prevent sworn personnel from responding to media requests; 3. Preparing and distributing news releases; Charlotte-Mecklenburg Police Department Media Relations Interactive Directives Guide Effective Date 09/16/2015 F. IV. 800-002 2 of 5 4. Arranging for, scripting, and assisting at news conferences; 5. Coordinating and authorizing the release of information; 6. Coordinating the release of information with other public service agencies; 7. Working with CMPD divisions, units, and bureaus identifying and developing newsworthy stories; 8. Fulfilling and managing public information requests; 9. Notifying the City Manager, Mayor, and City Council of significant issues and neighborhood, community, and media events. Public Information Officer (PIO): While a PIO is not the only source of information from CMPD, PIO’s will, in addition to other responsibilities: 1. Field media requests for information; 2. Be available for on-call responses to work with media; 3. Coordinate the release of information pertaining to reported crimes and CMPD operational activities Monday through Friday between 0700-2300 hours. 4. Work with divisions, units, and bureaus to disseminate news and information. G. Investigating Officer: Officers in charge of an incident or event will release accurate information as soon as feasible, regardless of media deadlines. The officer may request assistance from a PIO or the PAD. H. On-Scene Commander: For the purpose of this section an on-scene commander will be a person of the highest rank in charge of a scene or situation. I. Watch Commander: While the Watch Commander is a point of contact for media when Public Affairs staff is not on duty, they are primarily responsible for after-hours department command. PROCEDURE A. The Communications Supervisor, Watch Commander, Division Commander, or OnScene Commander will notify the PAD/PIO of events and issues as outlined below. The PAD and/or PIO will coordinate the release of information and may respond to the scene under the following circumstances: 1. Major crimes of significant interest. 2. Homicides 3. Officer Involved Shootings 4. Serious injury to an officer or employee. Charlotte-Mecklenburg Police Department 800-002 Media Relations Interactive Directives Guide Effective Date 09/16/2015 3 of 5 5. Serious or extensive damage to City property. 6. Any explosion or bomb threat requiring Bomb Squad response. 7. Incidents involving large groups of people (e.g., stadium, coliseum, park or tavern disturbances). 8. All incidents (except animal euthanasia) in which police firearms are discharged during a police action or incident. 9. Incidents involving substantial tension among ethnic or minority groups. 10. Serious hate/bias crimes. 11. Incidents causing, or likely to cause, unusual public concern or news media coverage (ex., terrorism related issues). 12. When Command Center and/or Emergency Operations Center are activated. B. In incidents where other local, state, or federal law enforcement agencies are involved, all information to be released will be coordinated with those agencies. C. As situations permit, the initial officer, the detective, or the supervisor most familiar with the incident will release information in question. If these persons are not available, questions should be directed to the employee of next highest rank in that division, or to the Public Affairs Office (director or officers). D. After hours, on holidays and over weekends, the Watch Commander will coordinate the release of information concerning reported crimes and CMPD operational activities: 1. Maintaining and updating the Significant Event Log on www.cmpd.org; 2. Maintaining and updating Media line (discretionary); 3. Responding to telephone calls and emails. E. The Watch Commander may request assistance from the second shift or on-call PIO to manage media at a scene. The Watch Commander will ensure the PAD is notified of major events including officer-involved shootings, large-scale, or other high-profile incidents that generate significant news attention. Until the PIO or PAD arrives, the Watch Commander may designate an officer on the scene to direct media personnel to a safe location and assist with basic information requests. F. Records Division personnel will supply the Press Tray with current reports during regular business hours and maintain the Press Tray after normal business hours, and on weekends and holidays. G. The Chief of Police or designee is responsible for the release of information concerning departmental personnel matters or discipline, and information about departmental plans, policies, or administrative changes. Charlotte-Mecklenburg Police Department Media Relations Interactive Directives Guide Effective Date 09/16/2015 H. I. 800-002 4 of 5 Procedures at Crime and/or Accident Scenes 1. Media representatives will not cross police lines unless the incident commander, or designee, has given prior approval and media personnel have proper escort. 2. Media representatives are authorized to come within a reasonable proximity of crime scenes or other major events as long as their presence does not interfere with any police or rescue operation or function. Officers may request identification from media representatives to determine their employment relationship. 3. Members of the news media may take pictures if they have a lawful right to be at the location. Police personnel will not prohibit photographers and videographers from fulfilling their tasks, provided the photographers are situated outside the secured area as delineated by the detective or supervisor until processing of the crime scene is completed. 4. If broadcasting video or still photography of an active scene puts officers or citizens in any danger, officers will specifically request delays in publishing the images. 5. News media representatives are prohibited from photographing individuals who are in custody inside Police Headquarters or other departmental facilities. Photographing individuals in custody outside the building is permitted. Prisoners will not be posed for photographers. Procedures for Initiating Media Coverage or Responding To Media Inquiries and Requests 1. Consult with the PIO or PAD before initiating media coverage of specific issues and events. 2. Media representatives requesting a feature story interview or ride-along (excluding on-the-scene situations) with on-duty members of CMPD should first contact the PIO or the PAD. CMPD employees who receive direct requests for ride-alongs or interviews will contact the Public Affairs Office or refer the reporter/assignment editor to the Public Affairs Office. 3. Once a request for a media ride-along is approved by the PIO office and service area or unit commander, the requesting media outlet is to complete and sign the Request for Ride-along forms. Unless otherwise approved by the Public Affairs Director, all media ride-alongs are limited to two (2) hours. 4. Media requests to accompany officers on “at risk” situations must be approved by a Deputy Chief. An “at risk” situation is defined, but not limited to, planned incidents where there is a possibility that non-police personnel face a higher than normal risk of injury or harm. This also includes any event that could Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-002 Media Relations Effective Date 09/16/2015 5 of 5 require more than the standard police response or force to control the situation, such as a drug raid or tactical response intended to take the suspect by surprise. Media representatives will not accompany officers into a residence or on to private premises during the service of a search warrant and/or arrest warrant. V. REFERENCES 800-001 Use of Public Records and Departmental Information 800-003 DCI Access and Messages City Policy ADM 5 Media Relations Policy/Protocol CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide DCI Access and Messages Effective Date 03/18/2011 I. 800-003 1 of 5 PURPOSE To establish procedures and guidelines for the use of DCI Terminals for Criminal Justice purposes and the certification of employees. To ensure the proper response requiring access to the Division of Criminal Information (DCI) network and to ensure the proper response to requests for service from other law enforcement agencies and the general public. II. POLICY A. DCI Certification is administered by the State Bureau of Investigation (SBI). Three levels or modules of certification are available. Module one (1): Inquiry; Module two (2): Criminal History; and Module three (3): Transaction. All sworn officers below the rank of captain, are required to maintain their DCI certification in Module one (1), regardless of assignment. Non-sworn personnel assigned to the Communications Division, Records Division and Crime Reporting Unit are also required to maintain their DCI certification in Module one (1) as long as they work in a position that requires them to have access to the DCI network. Certain personnel both sworn and civilian are required to have certification in Module two (2) for their assigned position. This determination shall be made upon request by the Terminal Access Coordinator for the Department. III. B. All personnel that require DCI certification will be fingerprinted by the Recruitment Division of the Training Bureau. The fingerprints will be sent by Recruiting to the State Bureau of Investigation (SBI). The point of contact for return of the background investigation conducted by the SBI will be the CMPD Human Resource Division (HR). HR will be responsible for ensuring that the background report is received within thirty (30) days of submission of the fingerprints and will follow-up with the SBI should this not occur. The SBI background investigation verification form will be maintained by HR in the employees personnel file and available for audit by the SBI. C. All personnel who require DCI certification or have access to DCI information must receive security awareness training within six (6) months of their date of hire or receiving DCI certification and at a minimum of once every three (3) years thereafter. D. Law enforcement information sent or received through any DCI terminal is confidential and access to such information will not be granted to members of the general public. PROCEDURE A. DCI messages that are to be broadcast to all field personnel, and were originally received through the DCI terminal located I communications, are automatically sent to the telecommunicator for immediate broadcast. B. The Communications DCI terminals are designated as the only twenty-four (24) hour terminals in Police Headquarters. Any DCI message received at any other terminal that is not specifically intended for that terminal will be forwarded to the Communications Division for dissemination through the DCI terminal. C. When the DCI terminal receives a request for service, the DCI operator will determine if there is a need to place a call for service. The DCI operator will properly handle the Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-003 DCI Access and Messages Effective Date 03/18/2011 2 of 5 request and document the response in the event a call for service is not required. The DCI operator shall record the date, time, officer name and specific request made by the officer for information. (i.e. tag to be run versus a criminal or driver history.) D. Before contacting communications personnel to request a call for service, the DCI operator will have sufficient information to submit a call for service request to include the name, address and telephone number of the party to be contacted; the purpose of the call, including the content of the message to be delivered; and the contact information from the requesting agency or person. E. If there is any question concerning whether a DCI request for service requires immediate attention, the DCI operator will request the On-Duty Communications Supervisor, or in their absence the Watch Commander who will then determine if the request for service requires immediate action. F. If the message requires immediate police response; the DCI operator will immediately send the request for service to the DCI terminal, and communications personnel will enter a call for service located on the communications bridge. G. 1. An officer will be dispatched to deliver the message to the intended recipient. 2. Upon the completion of the call, the assigned officer must complete a Miscellaneous Incident (MI) report through the Computer Aided Dispatch (CAD) system. 3. When necessary, the officer will notify the Communications Division and/or their field supervisor of their actions. 4. The field supervisor will review the information and the officer's disposition of the call. 5. When requested, the telecommunicator or the communications supervisor will advise the DCI operator of the disposition, and any information from the call, if the original request for service was received through the Communications DCI terminal. 6. The DCI operator will advise the requesting agency of all information gathered during the call. Procedure for advising DCI/NCIC reference Vehicles Stolen during an Armed Robbery and Felony Vehicles. 1. Officers will notify the DCI/NCIC Hot Desk that a vehicle needs to be entered immediately into DCI/NCIC as stolen during an Armed Robbery or that a vehicle has been identified as being used in the commission of a felony. 2. It is the responsibility of the officer taking the initial report to advise the DCI/NCIC Hot Desk of the information on the vehicle in these incidents as soon as possible upon receiving the tag, VIN, and or the registered owner’s name, and the description of the vehicle; usually within thirty (30) minutes of arriving on scene. Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-003 DCI Access and Messages Effective Date 03/18/2011 H. I. J. 3 of 5 3. Even if the tag and VIN are unknown, the registered owners name should be transmitted so that the DCI Operator may query DMV for the vehicles registered to that individual and match it to the description given. 4. Method of notification will be by radio using the designated talkgroup. DCI Operators monitor this frequency 24/7, however, if there is difficulty reaching an operator call 704-336-2340. Procedure for KBCOPS Incident reports routed to DCI/NCIC Hot Desk. 1. When creating any KBCOPS Incident Report that contains stolen items with a serial number or a VIN in the Property Section of the report, and a dollar amount listed under stolen, the report will immediately be sent electronically to the DCI/NCIC Hot Desk for entry into NCIC at the time the report is “Submitted for Approval”. 2. Reports that need to be removed from NCIC need to have an Incident Supplement created for that report requesting the property be removed from NCIC and the recovered property section should be completed with the serial number/VIN and dollar amounts completed. Narrative Supplement reports do not get routed to the DCI/NCIC Hot Desk. Validation of NCIC Records by Investigating Officers. 1. Reports entered into NCIC must be validated by the officer assigned to the incident in Case Management. The validation is sent to the officers electronically by email ninety (90) days after the incident and then again one year from the first validation. Depending on the type of incident these validations could be required for up to five (5) years. 2. Validation can be accomplished by the Investigating Officer by creating a Narrative Supplement report. The Narrative Supplement should indicate that the victim was contacted and in the opinion of the investigating officer the records need to remain in NCIC or be removed. Contact with the victim may be by letter, telephone, or in person. 3. The Narrative Supplement must then be submitted to the 56-RECORDSDCI/HOTDESK for approval. Do not submit to the District for approval. 4. Please indicate in the first line of Narrative Supplement that “This supplement is submitted for NCIC Validation”. Missing Persons – NCIC Entry Mandatory Guidelines. 1. Missing Persons regardless of age and missing under any circumstances must be entered into NCIC within two (2) hours of the basic information necessary for entry being obtained by the reporting officer. The method of notification to the DCI/NCIC Hotdesk and what information is considered necessary is listed below. The two (2) hour period begins when the basic information is received, not when the report is submitted for approval. Charlotte-Mecklenburg Police Department DCI Access and Messages Interactive Directives Guide Effective Date 03/18/2011 K. L. IV. 800-003 4 of 5 2. CMPD Officers are required to contact the DCI Hotdesk at 704-336-2340 or by radio on the designated talkgroup to provide the necessary information for NCIC entry of a Missing Person as soon as the “Basic Information” necessary for entry has been obtained. Basic Information for entry includes only the missing person’s name, race, and gender, date of birth or age if DOB is unknown, and the location, date, and time the person was last seen. Every effort should be made in the initial information to determine if the subject is armed. An NCIC entry can be made with this basic information. 3. All other information such as, clothing description if known, scars, marks, tattoos, mode and direction of travel if known, and possible reasons for being missing, while important are secondary and not initially necessary for NCIC entry. A photograph should be obtained and scanned into the Incident Report prior to submission for approval. Photographs subsequently obtained may also be brought to Records to facilitate scanning the photo into NCIC. Medical Information entered into NCIC. 1. NCIC now requires that a medical waiver be signed by the reporting person on Missing Person complaints where a medical or mental condition is relevant to the NCIC entry. 2. A Medical Release form is provided by the FBI to be included with the case file where medical or mental information is relative to the missing person and will act as means of facilitating the return or safety of the missing person and used by first responders coming in contact with the subject. 3. No medical or mental information on a Missing Person may be entered into the entry of an NCIC record without the inclusion of a Medical Release form provided by the FBI and signed by the parent, legal guardian, or next of kin. Without the signed form the information may not be entered. Notification to the FBI Terrorist Screening Center (TSC) on an NCIC Hit. 1. Notification by officers to the TSC is mandatory when there is a Terrorist Watch List Hit received through NCIC. 2. If there is a delayed Hit, officers are requested to contact the FBI at 1-866-8729001, and report as much information as possible to the answering agent. EMERGENCY MESSAGES A. Delivering emergency messages is a legitimate law enforcement function. Requests for the delivery of emergency messages may be received from the general public as well as other law enforcement agencies, hospitals, etc. CMPD will honor requests of the following nature: 1. Situations that pose a threat to the individual safety of the message recipient or others (requests to “check on the welfare”); or 2. Notification of serious illness, injury or death. Charlotte-Mecklenburg Police Department DCI Access and Messages Interactive Directives Guide Effective Date 03/18/2011 B. V. 5 of 5 Reasonable attempts will be made to deliver such messages to the intended recipient. FUGITIVE WARRANT SERVICE A. B. C. VI. 800-003 All DCI requests must specifically state whether the inquiring agency will extradite on a fugitive warrant. VCAT should be contacted before attempting to serve the warrant when the offender is wanted for a violent felony (Rape, Armed Robbery, Homicide, etc). If patrol officers cannot locate the fugitive, or a problem prohibits patrol officers from making the arrest, then VCAT should be notified for proper follow up. 1. Any officer making a fugitive arrest will submit a copy of the DCI "hit" before the end of their tour of duty. The ‘hit” will then be emailed by the Records Division to: vcat@cmpd.org. 2. The Mecklenburg County Sheriff’s Office will be responsible for facilitating the extradition process in Fugitive Court. DCI messages that are fugitive related, but do not require an immediate response, will be forwarded to the VCAT Unit for appropriate investigation. 1. The VCAT Unit will maintain a file on any DCI message received for follow up investigation. 2. The VCAT Unit is responsible for notifying any unit within the CMPD that may have an interest in the subject. The VCAT Unit is designated as the contact for law enforcement agencies requesting CMPD service regarding fugitive matters. 1. The requesting agency will be given the VCAT Unit Sergeant’s name, telephone number, and information regarding when they can reach the VCAT Unit Sergeant for additional assistance. 2. The VCAT Unit Sergeant is on duty Monday through Friday during first shift hours. The VCAT Unit Sergeant is available on a call back basis after normal business hours through the Watch Commander’s Office as necessary. REFERENCES CJIS Security Policy Section 4.3 Security Enforcement CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-004 Public Records Retention and Disposition Effective Date 02/28/2013 I. 1 of 4 PURPOSE To establish procedures and guidelines for the retention and disposal of public records related to the official business of the Charlotte-Mecklenburg Police Department. II. POLICY The Charlotte Mecklenburg Police Department must retain and dispose of its public records as required by the Municipal Records Retention and Disposition Schedule published by the North Carolina Department of Cultural Resources’ Division of Archives and History. Public records exist in many forms including email messages and attachments. All records, including email are to be managed by their content. III. IV. DEFINITIONS A. Electronic Mail (email): The electronic transmission of memos, images, notes, linkages and attachments between computers. B. Public Record: All documents, papers, letters, maps, books, photographs, films, audio recordings, magnetic or other tapes, electronic data-processing records, or other material, regardless of form, made or received, pursuant to the transaction of public business by the CMPD. C. Users: All departmental employees, volunteers, reserve officers, visitors, contractors, and all employees of other governmental agencies that have email accounts on the Department’s email system. D. Enterprise Vault: An electronic storage location where email is archived. All email messages in the user's Inbox and Sent folders for 30 days or longer are copied to the Enterprise Vault and kept there indefinitely. PROCEDURE A. Retention of Public Records 1. Public records must be retained for the length of time required by the Municipal Records Retention and Disposition Schedule. The Schedule categorizes public records into 24 standards. Each standard contains a list setting different retention periods depending on the content of the record. Retention requirements for records pertaining to the CMPD are found in the following ten standards: Standard 1: Administrative and Management Records Standard 3: Animal Control and Shelter Records Standard 4: Budget, Fiscal and Payroll Records Standard 6: Emergency Services and Fire Department Records Standard 7: Fleet Maintenance Records Standard 8: Information Technology (IT) Records Standard 9: Law Enforcement Records Standard 10: Legal Records Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-004 Public Records Retention and Disposition Effective Date 02/28/2013 2 of 4 Standard 12: Personnel Records Standard 15: Public Relations Records 2. B. Retention of records found in these ten standards must be completed according to the steps below: a. Retain Police Department Records as required by the Police Records Minimum Retention Standards as published in the Municipal Records Retention and Disposition Schedule. b. Contact the fiscal affairs manager with questions about fiscal and budget records. c. Division commanders will notify their Chain of Command and the Police Attorney’s Office if it becomes likely that any departmental records will be involved in any litigation or formal investigation. d. For other records retention requirements, refer to the Municipal Records Retention and Disposition Schedule or contact the Police Attorney’s Office. e. The Retention Standard is periodically changed by the State of NC. For the most current version use the provided hyperlinks or go to the complete manual at: http://www.ncdcr.gov/Portals/26/PDF/schedules/schedules_revised/muni cipal.pdf Disposal of Public Records 1. Records contained in the Schedule may be destroyed after the specified retention periods. Records eligible for destruction must be shredded or torn up by a firm contracted to provide this service to the CMPD. 2. The employee in possession of records that may need to be destroyed must contact the manager of CMPD’s Records Division to confirm that records are eligible for destruction. Any other questions regarding retention periods should be directed to the Police Attorney’s Office. The manager of the Records Division will make the necessary arrangements for the disposal of the records. 3. Original records that have been duplicated on microfilm, microfiche, data processing or word processing equipment, or other form may be destroyed before the retention period specified in the Schedule without further approval from the manager of the Records Division if: a. The duplicate copy of the information contained in the original record is maintained for the specified time; b. The original record has not been scheduled for permanent preservation; Charlotte-Mecklenburg Police Department 800-004 Public Records Retention and Disposition Interactive Directives Guide Effective Date 02/28/2013 4. 5. C. 3 of 4 c. The Police Attorney’s Office has agreed to the destruction of the original paper records; and d. The destruction is recorded in a permanent record. Computer printouts and other data processing input/output may be destroyed without specific authorization and recording if: a. The information is maintained on an electronic media such as magnetic tape, diskettes, CD-ROM, etc., and the content of the media are scheduled in a records retention and disposition schedule; and b. The output copy is not specifically listed in the Schedule. Records not authorized for destruction or other disposition may be disposed of by one of the following two procedures. a. Complete and submit the North Carolina Department of Cultural Resources “Request and Approval of Unscheduled Records Disposal” form to have the records destroyed; or b. Turn over such records to the manager of CMPD’s Records Division, who will submit a written request to the North Carolina Department of Cultural Resources to assume custody of the records. Retention and Disposal of Email 1. Records communicated through the email system are public records under the North Carolina Public Records Act, and must be made accessible unless its content is exempt from inspection by statute or other regulation. As such, email messages must be easily identifiable, protected and retained according to the Schedule. 2. Messages in the Inbox, Sent Folder, or any folders created under those folders are moved to the Enterprise Vault when it is 30 days old and are never deleted from the Vault. 3. Deleted items are possibly retrievable for a short time after deletion. Individual users are responsible for retaining documents with a required retention period. Users must: 4. a. Save an electronic copy of the message in a file outside the email system, (i.e., the user’s network folder); b. Save an electronic copy to a folder within the e-mail in-box; c. Print and file a hard copy of the email messages and attachments. Email that has no administrative, fiscal, legal or historical value may be deleted as soon as it has served its purpose. Such records include meeting notices or Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-004 Public Records Retention and Disposition Effective Date 02/28/2013 4 of 4 requests for meetings, confirmations of appointments, travel reservations, personal messages, junk mail, or transmittal of documents without comments. V. REFERENCES City Policy BSS 9 Electronic Records Retention Policy Municipal Records Retention and Disposition Schedule North Carolina Division of Archives and History CALEA Charlotte-Mecklenburg Police Department Deconfliction Policy Interactive Directives Guide Effective Date 08/14/2009 I. 800-005 1 of 2 PURPOSE The purpose of this directive is to enhance officer safety (promote the immediate safety of law enforcement personnel and the community), ensure the integrity of competing investigations, and prevent duplication of investigative efforts. II. POLICY To better meet the needs of CMPD, KBCOPS searches will be utilized to trigger a notification to officers of potential conflicting investigations. The Watch List function in KBCOPS will serve as an entry point for officers to enter their ongoing investigations so that other investigators can search that information and ensure that their own investigation does not conflict with another officer’s investigation. III. IV. DEFINITIONS A. Deconfliction: Avoidance of conflicting situations. For example: Preventing situations in which an officer unknowingly interacts with an undercover operation; overlaps with an ongoing investigation; or has information valuable to an investigation that otherwise would not be revealed, etc. B. Deconfliction Officer: Any employee who is assigned to an investigation that needs notification from other employees concerning possible conflicting investigations pertaining to a particular person, location or vehicle. C. Deconfliction Entry: An entry, by the Deconfliction Officer, into the KBCOPS reporting system that allows for searches matching data relative to a particular person, location or vehicle. D. Planned Interaction: A non-emergency, scheduled contact such as: a knock & talk, warrant service, seizure, raid & search, buy bust, buy walk, controlled buy, search warrant execution, high-risk warrant service, prostitution sting, solicitation, surveillance, undercover meeting, undercover buy and any other high-risk operation. E. Search Officer: Any employee conducting a KBCOPS search for a potential Deconfliction pertaining to a particular person, location or vehicle. F. Deconfliction Notification: If the search results in a potential conflict with an ongoing investigation KBCOPS will notify the Deconfliction Officer via e-mail. Other notification requirements may need to be addressed. PROCEDURE A. Deconfliction Officers Deconfliction entries are the responsibility of the Deconfliction Officer: 1. The Deconfliction Officer will enter Persons, Locations and/or Vehicles that they deem may come into conflict with other sensitive investigations as a Watch List entry of KBCOPS and identify that it is a Deconfliction. Charlotte-Mecklenburg Police Department Deconfliction Policy Interactive Directives Guide Effective Date 08/14/2009 2. B. 2 of 2 a. A “Do Not Proceed” entry must be approved by the Deconfliction Officer’s Supervisor. b. Enter the effective dates, notes and search officer notification action as to proceed or not proceed until contact is made with the Deconfliction Officer or the Deconfliction Officer’s Supervisor. c. Enter Persons, Locations, and Vehicles d. Enter additional notification recipients The Deconfliction Officer shall notify their immediate supervisor in cases where an exception to entering Deconfliction data is sought. Search Officer 1. V. 800-005 In the initial phase of an investigation and again, no more than two hours prior to a planned interaction, an officer must enter the person, location, or vehicle information into the Deconfliction Search in KBCOPS using the required criteria described below to determine if their planned interaction overlaps or interferes with an existing investigation: a. Person: Requires both first and last name… searches should also include all known aliases containing first and last names. b. Location: Requires the block number, street direction, street name and city. c. Vehicle: Requires either VIN or tag; or combination of make, model and year. 2. Normal KBCOPS searches may result in a potential conflict. If this occurs the searching employee is still required to follow the Deconfliction Notice. 3. Deconfliction Notice to Search Officer a. If a Deconfliction Notice is displayed, the Search Officer must contact the Deconfliction Officer indicated as soon as practical before the Planned Interaction. If contact cannot be made, the officer must make personal contact with the Deconfliction Officer’s Supervisor(s). b. If the Deconfliction Notice states Do Not Proceed or in any way prohibits the officer from continuing the Planned Interaction then contact must be made with the Deconfliction Officer or someone in the Deconfliction Officer’s Chain of Command. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Vice, Drug, and Organized Crime Complaints Effective Date I. 800-006 11/01/2010 1 of 2 PURPOSE This policy establishes guidelines for receiving, processing, investigating, routing and storing vice, drug, and organized crime complaints received by the Charlotte-Mecklenburg Police Department. II. POLICY CMPD will accept vice, drug and organized crime complaints from all sources and will document and follow-up on all complaints that provide the necessary and valid information. III. IV. DEFINITIONS A. Vice Complaint - Any complaint associated with prostitution, illegal use or sale of alcoholic beverages, illegal gambling and distribution or sale of pornographic and obscene material. B. Drug Complaint - Any complaint associated with the illegal use, manufacturing, distribution or sale of controlled substances. C. Organized Crime Complaint - Any complaint associated with the unlawful activities of organized groups or associations engaged in extortion, theft, fencing, loan sharking, labor racketeering, or other offense for profit. These organizations may also be engaged in such activity as supplying illegal goods and services, prostitution, drugs, alcohol violations, weapons violations, or other unlawful conduct which may include intimidation or corruption. PROCEDURE A. Receiving Complaints CMPD will accept vice, drug and organized crime complaints from all sources, including personal contact with a department employee, telephone calls, electronic mail, or from use of the postal service. B. Processing Complaints Received complaints will be documented on the “Vice Complaint” form. This form is located on all departmental computers. The completed form will be forwarded to the Vice and Narcotics Division. C. Investigating Complaints The Vice and Narcotics Division supervisor will review the complaint and then assign a Vice detective to the investigation, forward to another investigative unit within Special Investigations Bureau (SIB), or forward the complaint to the appropriate patrol division. 1. An initial investigation of the complaint will be conducted to substantiate any allegations. If the complaint is substantiated, then it will be documented and the investigation will continue. Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-006 Vice, Drug, and Organized Crime Complaints Effective Date 11/01/2010 2 of 2 2. The assigned officer will be responsible for notifying all relevant stakeholders associated with the complaint to include other divisions and units within the CMPD. 3. The officer will investigate the complaint and document all actions and findings. a. b. Supervisor’s Responsibilities: 1) Receive the complaint and document. 2) Assess the complaint and assign it to an officer. 3) Set a date for initial follow-ups. 4) Conduct follow-up reviews and monitor progress of investigation. 5) Approve investigative techniques. 6) Authorize closure of the complaint. Investigator’s Responsibilities: 1) Receive the complaint. 2) Conduct an analysis. 3) Identify and notify all stakeholders. 4) Complete the investigation. 5) Document all activity. 6) Submit a report for review by a supervisor. 7) Make a recommendation for closure to the supervisor. 8) Provide an initial follow-up investigation within 10 days. D. The Investigator/Officer assigned to the investigation shall enter relevant case data; i.e., persons, locations and/or vehicles that they deem may come into conflict with other sensitive investigations as a Watch List entry of KBCOPS and identify that it is a deconfliction in accordance with department policy. E. Routing and Storing Complaints All initial complaints will be routed to the Vice and Narcotics Division. The completed investigation will be stored and retained in the Vice and Narcotics Division. V. REFERENCES 800-005 Deconfliction Policy CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Communications and Reports Effective Date I. 800-007 03/19/2009 1 of 4 PURPOSE The purpose of this directive is to ensure the timely and accurate flow of information internal to the Charlotte-Mecklenburg Police Department (CMPD) and external with the community. II. POLICY The CMPD encourages and supports the exchange of information for the purpose of coordinating activities, increasing departmental awareness of problem areas and formulating solutions to those problems. This information sharing should include both written and oral communications with the community and business partners. III. IV. DEFINITIONS A. Administrative Reports: Administrative Reporting System will be designed to provide management information on the activities of various Divisions within the CMPD, provide a means of effective communication of those Divisions’ activities and the analysis of those activities. B. Staff Meetings: Designed to exchange information between the various divisions and units in the CMPD. Members of the Command Staff or their designees will generally attend these staff meetings. C. Community Meetings: Community meetings are any public gathering between community members and representatives of the CMPD. They include Neighborhood Watch, business partner meetings and other community gatherings. These meetings can be used to provide information on current problems, policing efforts within the community, education on problem solving initiatives and organizational meetings. These meetings provide an opportunity to share information between the CMPD and the community. D. Significant Event Log: The Watch Commander generates a daily comprehensive log of all major calls for service that occur after normal business hours and on weekends. This log is posted on the CMPD Portal and is available to all CMPD personnel. PROCEDURE A. Staff Meetings 1. Monday Morning Crime Briefings Research, Planning & Analysis Division will prepare statistical reports current through Sunday midnight. The CMPD Profile Report compares the current seven days to the previous year’s seven days, current month to the previous year’s month, current quarter to the previous year’s quarter, and YTD to the previous YTD. The discussion will center on a review of the significant crimes Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-007 Communications and Reports Effective Date 03/19/2009 2 of 4 occurring over the weekend and attainment of Division goals during the last week and projected work in the coming week. 2. CMPD Executive Staff Meeting Meets before the Monday Morning Crime Briefing to discuss and debate critical CMPD issues and needs with the goal of identifying and meeting challenges in the most proactive and productive manner possible. 3. CMPD Policy Management Group Meets the first Tuesday of each month to review policies and directives, procedures, and recommendations from the Uniform and Equipment Committee. 4. Division and Unit Meetings Division and unit meetings are held as needed for the purpose of sharing information in a personal setting. These meetings ensure that patrol officers and non-sworn employees have the appropriate information needed to perform their duties. 5. B. CompStat a. CompStat meetings are held each Thursday. Research, Planning and Analysis Division shall schedule each Division for their presentation. These meetings provide the opportunity for Field Services to thoroughly review the attainment of quarterly response area goals and outline any adjustments for the next 28 days. b. All CompStat meetings will be held on every Thursday with the first service area meeting at 0900 and the second service area meeting at 1300. Administrative Reports 1. The CMPD will maintain a system of administrative reporting to provide information on the activities of the agency and provide effective communication to the CMPD chain of command and interested parties outside the CMPD. 2. The frequency and content of the reports will be determined by that Chain of Command. 3. The Research Planning & Analysis Division will be responsible for maintaining a listing of all administrative reports that will include the person or position Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-007 Communications and Reports Effective Date 03/19/2009 3 of 4 responsible for formulating the report, purpose of the report, frequency of the report, and the distribution of the report. See the Professional Standards SOP. 4. Analysis reports will include the following items depending on the purpose of the report; the frequency by type of crime, geographic factors, temporal factors, victim and target descriptors, suspect descriptors, suspect vehicle descriptors, modus operandi factors, physical evidence information, problem oriented or community policing strategies, if any. 5. The procedures followed in any crime analysis, and the publication of the reports associated with the analysis, will include, at a minimum: 6. C. D. a. the identification of any source documents from which data is used, b. the procedures used in any particular analysis, c. the documentation of the time and location(s) of the analyzed crime, d. the distribution of the related report, and e. any feedback received from the analysis. The CMPD will formulate and annually update Departmental and Division goals and objectives. These goals and objectives will be utilized as the basis for the CMPD Strategic Operating Plan. This plan, and the progress made toward obtaining these goals, will be updated on a regular basis and will be posted on the CMPD Portal. The Internal Communications Coordinator is responsible for ensuring accurate and timely flow of information within the CMPD. 1. Prepares updates to the CMPD website. 2. Coordinates, plans, and assists in other events such as employee recognition awards, civic events where the CMPD is highlighted, and fund raising for City approved charities. Communications 1. Electronic Systems 2. Community Meetings Community meetings are an integral part of communication between the CMPD and the community. The CMPD’s community policing and problem solving initiatives are based on communication and support the free flow of information Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-007 Communications and Reports Effective Date 03/19/2009 4 of 4 between the various communities and the CMPD. 3. a. The Field Services Group’s Response Area Team officers, Community Police Officers and the Response Area Commanders will coordinate the flow of information to and from the community following the Field Services Group standard operating procedure. b. The Neighborhood Watch Coordinator will assist the Response Area Team officers in organizing crime prevention groups in residential and business areas following the procedures outlined in the Field Services Support Group standard operating procedure. CMPD Internet Portal Offers a group of services to CMPD employees, and serves as a central location for information dissemination throughout the department. 4. Significant Event Log The Significant Event Log is designed to provide a timely snapshot of significant events occurring in Charlotte and the areas of Mecklenburg County that are within the jurisdiction of the CMPD. Information reported in the Significant Event Log is based on preliminary field reports. 5. Media Briefing Sheet and Public Affairs Officer (PAO) Briefings The PAO and the various investigative units within the CMPD generate Media Briefing Sheets on those cases where media attention is high. These sheets allow the CMPD to distribute factual information in a timely manner to the members of CMPD and the community. 6. Geo-Notifier System The Geo-Notifier system is a computerized telephone system that allows the CMPD to generate a recorded message that can be sent to all households in a selected area by telephone. The system continues to call pre-selected blocks of numbers until that line is answered and the recording is played. This system is used to rapidly disseminate information to the public when necessary. V. REFERENCES CALEA Geo-Cast System Professional Standards SOP Charlotte-Mecklenburg Police Department Department Administrative Reports Name of Report Who is Responsible 1. Periodic Major Crime Primary Detectives assigned Summaries to investigate the crime 2. Threat to Officer summaries CIU Detectives 3. Unit/Division newsletters Supervisors for each unit/division 4. Problem Solving presentations Detective or Sgt responsible for making problem-solving presentations to the Chief. Senior Training Detective 5. Probationary Detective Book 6. Weekend Activity Briefing Service Area Major 7. Mid-year budget report Service Area Major 8. Annual Budget Requests Service Area Major 9. Juvenile Victim unit Monthly Report 10. Juvenile Offender unit Monthly Report 11. DV unit Monthly Report JVU Sgt JOU Sgt DV Sgt Purpose of Report Short synopsis for chain of command and Executive Staff information To alert officers to potential threats. To inform all employees about issues, problems and successes unit/div. Summary or synopsis of unit problem solving efforts. Synopsis of the on the job training each probationary detective receives upon his/her assignment to unit Summarizes noteworthy events that occurred over the previous weekend. Mid-year status and anticipated expenses for remainder of fiscal year. Anticipated expenditures for next fiscal year. Twoyear budget cycle, although updated yearly. Report of case assignment and clearance Report of case assignment and clearance Report of case assignment and clearance Frequency of Report Varies depending on the occurrence of major crimes Varies, probably averages about once a week. Varies by unit, some are monthly, others are less frequent. Monthly unit presentation to the Chief One completed for each new officer assigned to investigations – Approx. 15 per year. Weekly Annually at mid year How Report is Distributed Email Email to sworn officers. Via email, usually to CMPD everyone. Power Point and handout paper copy from Power Point presentation Summarized in booklet form up the chain of command. Orally each Monday morning briefing to the Chief and Executive Staff. Electronically to Fiscal Affairs. Every two years, although updated yearly. Electronically to Fiscal Affairs. Monthly To FSD Div Capt via email Monthly To FSD Div Capt via email Monthly To FSD Div Capt via email Charlotte-Mecklenburg Police Department Department Administrative Reports 12. Youth Protection Ordinance Report 13. Outstanding Custody Order Report 14. Division Commander Daily Report 15. Durable Hotspot Report FSD Inv Tech 16. Monthly Homicide Report 17. Monthly Missing Persons Report 18. Annual Homicide Report 19. Procurement Card Reconciliation 20. Civil Emergency Unit Annual Report 21. Vice and Narcotics Monthly Report 22. SWAT Critical Incident 23. SWAT Training memo 24. SWAT Yearly Report 25. Monthly Lineup System 26. KBCOPS Case Management Homicide Supervisor Various stats on YPO enforcement Listing of outstanding Custody Orders Document significant events from each day To report on status of identified durable hotspot in each division Number of cases for month monthly Missing Persons Supervisor Number of cases for month monthly Homicide Supervisor Trends, victims, suspects, weapons, relationships Record of charges to the Procurement Card Unit Activities Annual Report status of yearly Business Objectives Document SWAT activations Training Notification Monthly Year-end activities report Yearly Reflect staffing Monthly Case assignments Daily JOU Detective Division Sergeant Division Captain Procurement Card registered user CEU Administrative Supervisor Vice Supervisor SWAT Administrative Supervisor SWAT Administrative Supervisor SWAT Administrative supervisor Division Administrative Sgt. Division Administrative Sergeant responsible for Case Assignment. Monthly Weekly Daily Semi-annually Monthly Annually For each SWAT Activation Monthly To CMPD Command Staff via email To CMPD Sworn via email To the Captain and Major by email. Presentation to the Patrol Command Staff. Deputy Chief & Major via email Deputy Chief & Major via email Deputy Chief & Major via email Interoffice Mail to finance Email to Chain of Command of Unit Email to Chain of Command SWAT Chain of Command SWAT Officers and Command Staff via e-mail SWAT officers and Command Staff via e-mail R:\Drive in Division folder Email of officers assigned cases for follow-up Charlotte-Mecklenburg Police Department Department Administrative Reports 27. Animal Control Monthly Report 28. Patrol Division Staffing 29. Mid Year Objectives Report 30. Final Objectives Report 31. K-9 Monthly Report Division Commander Activities for month Once a month Email to Chain of Command Division Captain Monthly Email to Patrol Command Annually 32. K-9 Annual Report K-9 Supervisor Via Email to City Manager and Chief of Police Via Email to City Manager and Chief of Police Email to K-9 Chain of Command K-9 Chain of Command 33. K-9 Tracking Report Individual K-9 officers 34. Crisis Negotiator After-Action Report Lead negotiator at the scene Current information on Field Patrol Staffing Update on objectives progress Final report on fiscal year objectives Document the monthly activities of the unit Report on yearly activities of the unit. E.g. citations, apprehensions, and searches Document individual incidents where a dog is deployed Document the activities of the Crisis Negotiator at an incident Document significant projects and vital statistics for the unit. Document daily calls for service and other activities of unit Annual review of activities within the aviation unit. To keep Chief up to date on Progress Personnel allocations vs. actuals Assistant to the Chief Assistant to the Chief K-9 Supervisor 35. Passenger Vehicle for Passenger Vehicle Unit Hire Annual Report Supervisor 36. Helicopter Call Log Pilots 37. Aviation Unit Annual Report 38. CALEA Status Report 39. Personnel Summary Aviation Unit Supervisor Accreditation Manager Personnel Manager Annually Monthly Annually Daily, per incident Not generally distributed outside unit. Used to evaluate dog. Per incident Via email to the negotiators that were at the scene and to the SWAT Command Staff PVH Chain of Command Annually Daily No distribution. Held in database. Annually Aviation unit chain of command. As needed Directly to Chief Monthly Email to Command Staff Charlotte-Mecklenburg Police Department Department Administrative Reports 40. Funds Availability Report 41. Allotment Report Finance Unit manager 42. Watch Commander’s Daily Log The 3rd Shift Watch Commander 43. Media Release The responsible division or current Watch Commander when incident occurs. Reserve Unit commander 44. Reserve Unit time report 45. Taser List 46. Radar log 47. B.A.T. Team 48. Domestic Violence 49. Event Calendar 50. Youth Protection Ordinance Report 51. Annual Recruitment Report 52. Mailed Applications Report 53. Daily Shift Report Financial Unit Supervisor Division Administrative Supervisor Division Administrative supervisor BAT team Supervisor DV Supervisor Division Problem Solving Supervisor FSD Inv. Tech Recruitment Captain and/or Sergeant Recruitment Sergeant Division Shift Sergeant Financial Performance Compared to budget Shows detail of each transaction on Funds Availability Reports To advise the department about what transpired during the previous night and early morning hours. To inform the media of new incidents Weekly/Monthly Electronically to Command Staff Monthly Hard Copy to Command Staff Daily, except on the weekend when the report is generated for the Monday Morning When incident occurs Email to Command Staff Total of hours worked Monthly Chain of Command Track taser use and damage Up keep on all radar units Monthly Print out Bi-monthly Print out Burglary tracking info Inform patrol of DV hot spots Community and Business Events Monthly statistical update on curfew violations Division’s Annual Report Weekly As needed Electronically Electronically Monthly Chief’s Office Monthly Email to command staff Annually Sent to D/C of Administration Report the number of applications mailed each month. Report on daily shift problem solving efforts Monthly Sent to Administrative Services Daily Email to Division Captain Email or on the media line. Charlotte-Mecklenburg Police Department Department Administrative Reports 54. HITS Monthly Report 55. Monthly Gang Report 56. Monthly Criminal Intelligence Unit Report 57. Hate Crimes Reporting 58. Intelligence Bulletin Motor Division Commander Summary of work done by the HITS unit Unit’s Activity Unit’s Activity Monthly Monthly Monthly Major and Deputy Chief of Support Services E-mail/saved to K-Drive Email and saved to K-Drive Twice a year By mail through RPA As needed Email to CMPD everyone Monthly VCTF Supervisor Report Hate crimes to the FBI and SBI Intelligence Information for CMPD employees Crime Stopper activity to the Crime Stoppers Board Unit’s Activity 59. Crime Stoppers report 60. Violent Crimes Task Force Activity 61. Property Dispositions Crime Stoppers officer Hard copies provided to Crime Stopper Board Members Email to Chain of Command Property Control Supervisor Review held evidence Every other month Vehicle Maintenance Daily Property verification sheets via inter-office mail Email to CMPD everyone Inform the Chief Monthly In Person To record all 911 and radio traffic incidents of merit that occurred during the shift. To report total 911 call volume Daily per shift Maintained in computer file and printed and maintained in log book by AO1 Monthly On the public folder list and copies kept by AO1 Division Administrative Supervisor Recycle MVR Tapes Monthly Hard copy filed in Division and copy to MVR coordinator Division Administrative Supervisor Document radar trailer usage Monthly Hard copy filed in Division and copy to Traffic Unit Supervisor Gang Unit Supervisor CIU unit Supervisor CIU Supervisor CIU Supervisor 62. Fleet Preventive Fleet Supervisor Maintenance 63. Internal Affairs IA Unit Major Monthly Case Update 64. Communications Log Shift Supervisors 65. Monthly Communications management report 66. Mobile Video Recorder Tape Recycle Report 67. Radar Trailer usage Report AO1 Weekly Charlotte-Mecklenburg Police Department Department Administrative Reports 68. Parade Permit 69. Festival Permit Applications 70. Annual Training Division Report 71. City Training Report 72. Performance Development and Review Special Events Captain Special Events Captain Evaluation Evaluation Sporadic Sporadic Hand Deliver to affected unit Hand Deliver to affected unit Training Unit Commander Annual Training Report Annual Training Unit Commander Advise City of Training Annual and As needed Employee’s Supervisor Annual 73. CMPD Technology Forum Agenda and Minutes 74. Software Changes 75. Software Audits Technology Forum coordinator Evaluation of Employees’ Performance and Salary Increases (When Available) To Inform CMPD Staff and document new/revised Technology/Applications Document Changes Ensure Compliance with Licensing Agreements Plan to Guide CMPD Technology Progression Ensure Better Service to the Community Provide Command and Chiefs Contact Information for Emergencies or System Outages Electronic/Hard Copy to Executive Staff Electronic copy to City Managers office Hard Copy through Chain of Command to Personnel 76. Technology Strategic Planning 77. NEPS Outsourcing Status Report 78. CTS After Duty and Emergency Contact Lists 79. Computer Technology Staff Technology Supervisor Technology Commander Technology Commander Computer Technology Services Supervisor Bi-Monthly Hard and Electronic Copies As Needed Annual Electronic Tracking Software Electronic Copies Bi-Annually Hard Copies When Requested Hard and Electronic Copies Semi-Annually and When Requested Electronic Copies Charlotte-Mecklenburg Police Department Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 I. 800-010 1 of 6 PURPOSE The Early Intervention System (EIS) was developed to help assess and evaluate employee performance and quickly address any identified concerns, before disciplinary action is necessary. The EIS will provide or perform the following: II. III. A. Establish concise performance measures that may indicate a work performance concern or place an employee, the Department or the public at risk. B. Provide an accurate record of the frequency of events measured by EIS for any given employee. C. Identify, through the use of established thresholds, specific areas of employee performance that need supervisor assessment and potential intervention. D. Assist supervisory staff in developing fair, appropriate and timely interventions or postintervention evaluations for any employee as needed. POLICY A. The Charlotte-Mecklenburg Police Department’s Early Intervention System shall provide accurate and accessible accounts of an employee’s performance record, allowing both the employee and supervisory staff the ability to quickly identify areas of risk or concern and initiate appropriate non-disciplinary assistance as needed to improve performance. B. All Early Intervention records are considered a part of the permanent personnel record of an employee and shall be provided all confidentiality associated with personnel records under law. C. Early Intervention records will be purged from the system after five years from the date of the system alert. DEFINITIONS A. Alert: Notification that a threshold has been met. B. EIS Coordinator: Person who oversees operation and maintenance of the EIS, and who coordinates activities for the EIS Management Committee. C. Intervention: A course of action designed to improve employee performance. D. Post-Intervention Assessment: A process to determine if an intervention strategy corrected the concern that prompted an initial intervention. E. Chain of Command: For the purpose of this operating procedure, the chain of command is defined as an employee’s immediate and next two higher ranking CMPD supervisors. F. Performance Indicator: An identifiable event where there is an increased risk to the employee, department and/or public. Charlotte-Mecklenburg Police Department Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 IV. 800-010 2 of 6 G. Supervisor Assessment: The immediate supervisor’s review of events associated with an alert, to develop a clear and balanced understanding of employee performance. H. Threshold: The number of performance indicator events that trigger an alert. SYSTEM DESCRIPTION A. Performance Indicators The following Performance Indicators have been incorporated into the EIS as areas of risk to the employee or department: 1. Discretionary Arrests The EIS will assess these categories of arrest when they occur in the absence of another non-discretionary charge (eg. Larceny, Possession of drugs or paraphernalia; a charge supported with tangible evidence.) associated with the arrest. The following offenses are discretionary arrests assessed by the EIS: 2. B. a. Intoxicated and Disruptive in Public b. Disorderly Conduct c. Resist/Obstruct/Delay an Officer d. Assault on a Law Enforcement Officer Incidents Requiring a Supervisory Investigation: a. Uses of Force b. Vehicle Pursuits c. On-Duty Employee Vehicle Collisions d. Employee Injuries 3. Citizen and Department Generated Complaints 4. Sick Leave Use a. Number of sick leave days used in general b. Use of sick leave in conjunction with vacation leave c. Use of sick leave in conjunction with days off Threshold Thresholds may vary among different performance indicators and are established and maintained by the EIS Management Committee. All event thresholds will be visible to employees who review a summary of their own performance indicators. Charlotte-Mecklenburg Police Department Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 C. 800-010 3 of 6 Interventions Interventions are directed counseling, retraining or other interaction that the designated employee must complete to address any concerns noted as a result of the supervisor assessment. Several intervention options are available for a supervisor to select in assisting an employee: 1. Defensive Tactics Instruction Defensive tactics instruction can serve to improve officer competencies to reduce the number of uses of force, severity of force used, develop officer tactics, improve compliance with use of force directives, and to help reduce officer injuries associated with using force. 2. a. Defensive Tactics Instruction training will be conducted by a qualified Training Academy instructor. b. Employee’s supervisors will provide information regarding the nature of the identified concerns to appropriate instructor(s). c. The Instructor will assess an employee’s competencies, conduct practical training with the employee and may discuss relevant aspects of the 600-018 Use of Force and 600-020 Use of Force Continuum. Communication Skills Development Communication skills development can serve to improve employee interactions with members of the public and fellow colleagues. It will be designed to enhance the employee’s ability to effectively handle and de-escalate stressful encounters. 3. a. An employee may be required to successfully complete a verbal judo or other training course. b. When directed, a qualified Training Academy instructor or other departmentally approved service provider will complete an individual assessment and work with the employee using practical learning scenarios. Supervisor Counseling The supervisor may review and discuss with the employee, for purposes of clarification and understanding, any applicable performance, safety or tactical standard. 4. One-on-One Training or Course Instruction A supervisor may direct an employee to successfully complete any approved course instruction or one-on-one training that will serve to improve his or her performance and address the concerns associated with an early intervention alert. Some examples include: Charlotte-Mecklenburg Police Department Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 5. 800-010 4 of 6 a. Having an officer successfully complete training on motor vehicle law enforcement. b. Reviewing and discussing an officer’s MVR tape recordings. c. Completing additional legal training covering search and seizure or other relevant law topics. d. Driver training for prevention of collisions or improved pursuit driving. e. Ethics training. Employee Assistance Program (EAP) The EAP is designed to provide employees the confidential support and assistance needed to resolve personal issues or crises that affect work performance. V. SYSTEM DESIGN, FUNCTIONALITY AND SUPERVISOR RESPONSIBILITIES The EIS is an employee assistance instrument which helps supervisors identify at-risk activities and behaviors to address before disciplinary action is needed. The EIS assists supervisors in identifying at-risk behaviors by monitoring occurrences of performance indicators, and by generating alerts for a supervisor assessment whenever thresholds for performance indicators are reached. Supervisors determine what, if any, intervention is appropriate and ensure employee fulfills intervention obligations. Supervisors also evaluate the need for a post-intervention assessment and complete it when appropriate. A. Automated Functions The computer-based EIS applications will track event data for each employee for all performance indicator categories described in Section 4 of this operating procedure. B. 1. Automate the alert process to the first two supervisory levels 2. Provide supervisor reporting fields 3. Provide status queues for reviewers 4. Provide automated alert notifications when post-intervention evaluations are due 5. Enable employees to review summary counts of their own performance indicator categories Supervisor Responsibilities 1. Access the EIS at least weekly to identify any alerts associated with employees they directly supervise. 2. Complete employee assessments and record the findings in the EIS record. Supervisors should consider each and all of the following areas in terms of whether an employee exhibits any behaviors where an intervention may help improve the employee’s work performance: Charlotte-Mecklenburg Police Department Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 5 of 6 a. Verbal and non-verbal communication b. Tactics c. Safety d. Employee behavior, both on and off duty (that may be affecting work performance) 3. Review with the chain of command details of the related events and intervention recommendations or why an intervention is not warranted. The recommendations must be approved by the chain of command involved. 4. Coordinate and implement the intervention, and record the action taken in the EIS record. 5. VI. 800-010 a. Intervention Assigned – Summary of what intervention was assigned or planned. b. Intervention Not Assigned – Summary of why an intervention was not necessary. Identify and Record Post-Intervention Assessments a. Initial Reporting – Determine if a post-intervention assessment will occur, identify a date for the evaluation to be conducted and record that date in the automated EIS record. b. Additional Interventions – If the supervisor concludes a need for additional intervention, the supervisor will review that need and recommend follow-up intervention to the chain of command. Upon approval of the chain of command, the supervisor shall implement the intervention. c. Complete and Document – In cases where a post-intervention assessment is completed, the supervisor will ensure: (1) That the results are reviewed by the chain of command. (2) That any additionally directed interventions are coordinated and completed. (3) The results are documented in the automated EIS record. SYSTEM MANAGEMENT The EIS will be governed by a committee of department employees. The committee will conduct ongoing evaluations of the EIS and will make recommendations to the Chief of Police for any modifications or enhancements. A. Composition of the Management Committee Charlotte-Mecklenburg Police Department 800-010 Early Intervention System Interactive Directives Guide Effective Date 06/10/2005 6 of 6 The committee will consist of sworn and non-sworn personnel of varying ranks and assignments. All members will be voluntary positions. The committee will contain the following eighteen (18) representatives: 1. One (1) representative from Human Resources 2. One (1) representative from the Training Academy 3. Four (4) sworn officer representatives 4. B. VII. a. Two (2) from the Field Services Group b. Two (2) from the Investigative Services Group Two (2) sergeant representatives a. One (1) from the Field Services Group b. One (1) from the Investigative Services Group 5. Three (3) non-sworn representatives, each from a different assignment 6. Two (2) non-sworn supervisory representatives, each from a different assignment 7. Two (2) command representatives a. One (1) major or captain b. One (1) non-sworn bureau manager 8. One (1) representative from Internal Affairs 9. One (1) representative from Computer Technology Solutions 10. The EIS Coordinator EIS Coordinator Responsibilities 1. The EIS Coordinator will follow-up on assigned interventions and monitor their progress and closure. 2. The EIS Coordinator will ensure that any required updates or changes to the EIS or the EIS Directive are completed. 3. Annually, the EIS Coordinator shall complete a written report for the Chief of Police that provides summary data and information about the EIS, including the number and types of interventions, and work completed by the EIS Management Committee. REFERENCES N.C.G.S. 160A-168 CALEA Charlotte-Mecklenburg Police Department Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 I. 800-011 1 of 6 PURPOSE The purpose of a staff inspection is to examine and evaluate the functions and activities of CMPD components and their ability to accomplish organizational objectives in accordance with existing written directives and acceptable practices. Staff inspectors will complete a thorough review and analysis of each division to assist in identifying opportunities for improvement, eliminating duplication of effort, reporting new and innovative systems and procedures, and providing alternative methods for change and improvement. The end purpose will be correction and improvement, not punitive in nature. II. POLICY The Professional Standards Unit (PSU) shall coordinate staff inspections. Inspections are conducted at the direction of the Chief of Police or designee for the following purposes: III. A. To ascertain if policies, procedures, goals, and objectives are clearly defined so that they can be properly interpreted and implemented accordingly. B. To determine if personnel, equipment, materials and resources are being used properly for achieving the goals and objectives of the CMPD. C. To ensure operational conditions foster an atmosphere of cooperation within the CMPD, as well as with other stakeholders. D. To provide information concerning the quality of service delivered and the effectiveness of the service. E. To identify opportunities for improvement in personnel integrity, training, morale, supervision or policy. DEFINITIONS A. Staff Inspections: Inspections conducted by personnel who do not have direct supervisory responsibilities of the unit, employees, facilities, or procedures being inspected. B. Staff Inspections Team: A team generally led by a captain or civilian manager, which does not have supervisory responsibility within the areas they are inspecting. The team will be comprised of as many personnel as necessary to accomplish the inspection. C. Line Inspections: Line inspections shall be conducted by supervisors at every level of the CMPD to ensure their personnel are complying with CMPD policies, standard operating procedures and requirements governing appearance, use and maintenance of uniforms, equipment and facilities. Charlotte-Mecklenburg Police Department Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 IV. 800-011 2 of 6 D. Level I Inspection: An inspection that addresses a portion, or a singular facet of the inspected unit’s function. A Level 1 inspection is a low level inspection that can be an announced or unannounced inspection. E. Level II Inspection: An announced, in-depth inspection, in which all facets of the inspected unit’s function, personnel, facilities, operations, equipment, etc., may be inspected. F. Level III Inspections: An inspection of a unit engaged in high liability activities such as evidence storage or money collection. These inspections are typically unannounced. G. Audits: Audits are a statistically valid sampling of items that show compliance with directives and Standard Operating Procedures. Audits will typically be used in areas which lend themselves to quantified numerical analysis such as evidence storage and financial matters. PROCEDURE A. Authority 1. 2. B. Personnel assigned to conduct staff inspections shall operate under the direct authority of the Chief of Police. a. The inspection team shall have access to all personnel, records, except as indicated in sub-section IV- A-1-b of this directive, facilities, and equipment of the CMPD for the purpose of inspection. b. Inspection officers will not have access to any Internal Affairs investigations, personnel files, and any other confidential file or record. All employees of the CMPD shall cooperate with and assist the personnel assigned to the inspection process. Inspection Team 1. The PSU will coordinate the staff inspection process. 2. The inspection team will be comprised of captains, civilian managers, sergeants and officers assigned throughout the CMPD as required. 3. The actual composition of the inspection team will be at the discretion of the PSU based on the needs of the particular inspection being conducted. 4. All inspection team members will attend training to become familiar with the inspection process. Charlotte-Mecklenburg Police Department Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 C. D. 3 of 6 5. The inspectors will be assigned units on a rotating basis. The units being inspected will always be in a different division and where possible, in a different service group. It is anticipated that no one person will conduct more than one inspection every thirty six (36) months. 6. The Inspection Team Leader will be responsible for writing detailed reports and providing supporting documentation for their finding(s) to the PSU. Frequency of Inspections 1. An inspection will be conducted within all organizational components at least once every three (3) years, complying with the standards set forth by the Commission on Accreditation for Law Enforcement Agencies (CALEA). The PSU will develop a schedule to ensure inspections are completed on time. 2. Some units will also have annual or semi-annual inspections as required by CALEA such as Evidence and Property Management section and any cash funds maintained by the individual units. Inspection Notification 1. Sixty (60) days in advance of an inspection the captain or manager of a unit to be inspected will be provided notification of the pending inspection as well as the inspection team. The captain or manager will be able to request the addition of any items for inspection they deem necessary. 2. At least one month prior to an inspection, the PSU will send notification to the division leaders and the inspection team of the unit to be inspected. 3. E. 800-011 a. The notification will list the areas to be inspected, the time frame of the inspection and the personnel who should be available to assist with the inspection. b. Any tasks that should be completed prior to the inspection, and any items, files, or other documentation that should be made available to the inspectors, will also be listed. The pre-inspection memorandum will not be sent prior to Level III inspections. Reports and Follow-Up 1. Each inspection will require an executive summary from the inspection team. 2. The PSU will maintain an outlet for the inspection team to document the inspection as well as a guide to ensure the necessary inspection concerns are not overlooked. Charlotte-Mecklenburg Police Department 800-011 Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 4 of 6 3. The PSU will be considered as part of the inspection team for all CMPD inspections initiated by the PSU, therefore, they will serve as the quality and control check of the inspection process and final inspection report. Unit staff will be available during the actual inspection process to assist with administrative matters. 4. The PSU will be responsible for generating the executive summary based on the information provided by the inspection team. 5. Management Response The PSU will forward the summary to the Division Major and the Division Captain/Department Head. a. The captain or manager of the inspected division shall be provided the opportunity to prepare a response to each of the findings and concerns contained in the executive summary. It is their responsibility to take positive measures to correct any noted deficiencies in the report. b. Findings and concerns the captain or manager does not agree with should be noted with explanations or reasons that address the issue. c. The response, if provided, shall be routed via the division’s Chain of Command and forwarded to the PSU within ten (10) business days of the receipt of the inspection report. In the absence or notification of a response the process will continue. 6. The inspection team’s executive summary, the response (if provided) and the employee survey results will be forwarded to the Chief of Police, the service area group Deputy Chief and the Administrative Service Group Deputy Chief for review. 7. A copy of the executive summary for each inspection will be posted on the PSU portal site. The response and employee survey will not be posted. 8. The PSU shall be responsible for storage and purging of all inspection and audit reports. Storage and purging of reports and documents shall be in accordance with Directive 800-004 – Public Records Retention and Disposition. 9. At the conclusion of the service group inspections the PSU supervisor will create an executive summary reviewing commonalities of each division’s inspection citing concerns and/or needs. The report will be distributed to the Chief of Police, the Administrative Service Area Deputy Chief and the command staff level members for that service group. Charlotte-Mecklenburg Police Department Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 F. G. 800-011 5 of 6 Line Inspections 1. All CMPD personnel are subject to informal inspection on a daily basis for compliance with CMPD directives and rules of conduct that pertain to grooming, demeanor and proper use and maintenance of equipment. 2. It is the responsibility of the inspecting supervisor to ensure deficiencies are corrected. Informal inspections do not require documentation unless a deficiency is observed. Methodology 1. The staff inspection process will typically involve direct observation, use of internal and external reference materials, and personal interviews. This does not, however, preclude the use of other methods, contingent upon the nature of the inspection. 2. Personnel 3. a. In order to ensure the objectivity of the staff inspection process, a representative sample of the personnel assigned to, or associated with, a unit undergoing inspection will be inspected, when practical. b. Individual electronic evaluation forms will be made available to each person working in the division about to be inspected. Once completed, only compiled summaries of these responses will be used in the final report. Command Staff Interview a. Each unit Captain or Manager and supervisor should be interviewed during the inspection process. These interviews should be conducted after the completion of all employee interviews. By this point in the process, inspectors should have a clear grasp of any potential areas of concern within the unit. b. Inspectors should feel free to discuss any reportable matter to the Captain or Manager of the inspected unit. The discussion should be constructive, non-judgmental, and serve to benefit the inspector’s understanding of the unit’s functionality, management, and operational readiness. c. A staff inspection is not an Internal Affairs function. Allegations of improper conduct on the part of unit personnel should be addressed to that employee’s Chain of Command. The staff inspector is not to initiate any Internal Affairs investigations. Charlotte-Mecklenburg Police Department Staff Inspections Interactive Directives Guide Effective Date 02/06/2009 4. 800-011 6 of 6 Inspect Equipment The staff inspector should inspect as much equipment assigned to the unit as possible. The inspector is to determine if the equipment is operational and well maintained. Further, the inspector should make recommendations as to whether additional equipment is needed. 5. Inspect Facilities The workspace assigned to the unit should be inspected for adequacy, functionality, and safety. The facilities inspection may be coordinated with the CMPD Facilities Manager and the City of Charlotte Building Maintenance Division. V. REFERENCES 800-004 Public Records Retention and Disposition N.C.G.S. 160A-168 CALEA Charlotte-Mecklenburg Police Department Confidential Informant Guidelines Interactive Directives Guide Effective Date 11/28/2008 I. 800-012 1 of 4 PURPOSE The purpose of this directive is to provide regulations for the control, use and management of Confidential Informants (CI) utilized by all sworn members of the Charlotte-Mecklenburg Police Department. The management and documentation of all CMPD CI’s is the responsibility of the Vice and Narcotics Division. II. POLICY In many instances, a successful investigation cannot be conducted without the use of confidential and reliable informants. A CI has a relationship with the CMPD and not an individual officer or detective. When an officer or detective is used as the contact person with a CI, the officer shall be acting in his/her official capacity. Adherence by the officer to directives and procedures is required at all times when dealing with confidential and reliable informants. It shall be the policy of the CMPD and its employees to maintain strict confidentiality concerning the identity and efforts of its CI’s. III. DEFINITIONS A. Confidential Informant (CI): A CI is defined as someone who provides reliable information concerning any criminal activity which leads to police action, arrest, seizure or follow up investigation. A person that provides reliable information about a crime or the person that committed a crime, whether paid or unpaid, is a CI for purposes of this directive. An arrested person who provides information about other participants for the purpose of providing substantial assistance is also considered an informant. IV. B. CI Packet and Information File: Documentation completed about a person in order to determine an individual's suitability for becoming a CI. This confidential information file will be maintained by the Vice and Narcotics Division in a secure area and will include accurate and inaccurate information the CI has provided police. It will also designate whether the CI is active, inactive or terminated. C. Master File: The Vice and Narcotics Division will maintain a master CI file. This file will be located in a secure area and their access will be limited to the Major of the Special Investigations Bureau, Vice and Narcotics Captain, and the Vice and Narcotics Sergeants. If a member of Executive Staff requests to review a CI file for official business purposes, they will be permitted to review those files which are directly related to their inquiry and will be accompanied by the Vice and Narcotics Captain or SIB Major. PROCEDURE A. Establishment of the CI File System: Charlotte-Mecklenburg Police Department Confidential Informant Guidelines Interactive Directives Guide Effective Date 11/28/2008 B. 800-012 2 of 4 1. Vice and Narcotics sergeants will be responsible for developing and maintaining CI files. 2. An individual file will be developed and maintained for each CI used by any CMPD officer. 3. Each file shall contain the following information: a. Cover sheet (Name, Address, Date of Birth, Race, and Sex) b. Current Picture c. Fingerprint d. Handwriting sample e. Criminal History (to be updated once a year) f. Summaries of information provided by the CI and the results g. CMPD “Code of Conduct” form h. File number i. Assumed Name j. Signature of approval from the division and Vice and Narcotics supervisors Guidelines for CI Use 1. Any prospective CI must complete a CMPD CI Packet prior to utilization by any officer or detective. 2. Upon completion of the CI Packet, the initiating officer(s) and the CI shall meet with a Vice & Narcotics Division Supervisor or a designated sergeant that has attended the Informant Registration class prior to utilizing the CI. At this time a determination will be made by the vice supervisor or designated sergeant as to the usability of a CI. 3. In the event of exigent circumstances, a prospective CI may be used without first completing the CI Packet. However; this may be done only with the approval of a Vice and Narcotics Supervisor or Division sergeant responsible for drug investigations. If this approval is granted the officer must complete the CI Information Packet within 48 hours of the information being provided and acted upon. Charlotte-Mecklenburg Police Department Interactive Directives Guide Confidential Informant Guidelines Effective Date 11/28/2008 C. 800-012 3 of 4 4. Officers and detectives will not utilize a CI when it is known that the informant is wanted by any law enforcement agency. This does not nullify any information they may provide however, an officer will not direct a CI to make a drug buy or let them out of their sight to verify that information. Once this information is obtained the officer will ensure the CI is arrested and turned over to the appropriate law enforcement agency. If the CI is wanted by a jurisdiction that is refusing to extradite, officers will need the approval of a Vice and Narcotics supervisor prior to using them. 5. If a CI is on probation or parole the officer or detective is required to check with the appropriate probation or parole officer to ensure that the use of this person does not interfere with any conditions of their parole or probation. The detective or officer will obtain, in writing, the approval of the parole or probation office to use the CI and this documentation will be placed in the CI File Packet. CI File Audit 1. 2. All active CI files will be reviewed once per calendar year. This review should include the following: a. Ensure all biographical information is accurate and up to date. If not, the officer/detective will complete a new biographical data form with updated information. b. Determine if the CI is active and how often they provided accurate or inaccurate information to officers. c. Run a current criminal history and place a copy in their CI file. d. Any issues concerning a CI will be discussed by the officer and Vice and Narcotics supervisor to determine if future use of this CI is warranted. This will not preclude any issues that are addressed throughout the year if needed. e. CI activity during the past year to determine if they should remain as an active or inactive informant. f. Update the Imprest Fund database with relevant information pertaining to the CI. Inactive / Terminated Confidential Informants: a. If a CI has not provided reliable and/or accurate information within the past year they should be moved to the Inactive CI file. This does not mean they cannot be used in the future, but if they are, the officer must Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-012 Confidential Informant Guidelines Effective Date 11/28/2008 4 of 4 submit a new CI Information Packet and follow the steps to ensure their information is reliable. V. b. All inactive CI files will be placed in the appropriate secure file cabinet. These files will not be discarded, thrown away or stored at an offsite location. c. A CI that does not follow the direction of their handling officer, commits a violent offense, is arrested for a drug charge or involved in conduct that is in conflict with the CI Code of Conduct may be terminated at the discretion of the handling officers Chain of Command in consultation with the Vice and Narcotics Captain. In cases where there is a difference of opinion about the continued use of a CI, the final decision will be made by the SIB Major. Regardless of the outcome, the officer in charge of that CI will document the details and issues in memo form and forward it to a Vice and Narcotics supervisor for submission into the CI Information File. REFERENCES 800-013 Substantial Assistance Vice & Narcotics Imprest Fund S.O.P. “Guide for Developing & Controlling Criminal Informants”, Michael Grimes, Law Tech Publishing Charlotte-Mecklenburg Police Department Substantial Assistance Interactive Directives Guide Effective Date 11/28/2008 I. 800-013 1 of 5 PURPOSE The purpose of this directive is to outline a process for Charlotte-Mecklenburg Police Department personnel utilizing criminal defendants for substantial assistance. II. POLICY In many instances, a successful investigation cannot be conducted without the use of Confidential Informants (CI’s) providing police information. While the use of CI’s and their information is an effective tool in investigations, one can reasonably expect this information is provided with an expectation for a reduction or dismissal of criminal charges. To ensure compliance with N.C. General Statute and guidelines related to Substantial Assistance, officers should be mindful of the following procedures when working with persons wanting to provide drug information. III. IV. DEFINITIONS A. Officer in Charge (OIC): The officer or detective who is the lead investigator in the case. B. DPT: Drug Prosecution Team, Mecklenburg County District Attorney’s Office. C. DPT Supervisor: The supervisor of the Mecklenburg County District Attorney’s Office Drug Prosecution Team. D. Vice Liaison Sergeant: Divisions that have officers working drug cases will have a Sergeant that serves as the liaison with Vice and the DPT Supervisor. These supervisors will be knowledgeable of drug cases within their unit and address issues relating to substantial assistance. E. Substantial Assistance: The cooperation of a drug trafficking defendant that results in the arrest, identification, or conviction of others involved in criminal behavior. The defendant’s cooperation is usually provided with the expectation that it might lessen his punishment. N.C.G.S. 90-95(h)(5) allows a person to provide substantial assistance in drug trafficking cases only. F. On Scene Substantial Assistance: Cases in which detectives/officers, upon approval from their Vice Liaison Sergeant, agree to allow a drug trafficker to provide substantial assistance prior to formal charging. G. Post Arrest Substantial Assistance: Cases in which detectives/officers, their Vice Liaison Sergeant, and the Mecklenburg County D.A. DPT Supervisor agree to allow a drug trafficker to provide substantial assistance after being formally charged. PROCEDURE A. Guidelines for Post-Arrest Substantial Assistance: Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-013 Substantial Assistance Effective Date 11/28/2008 2 of 5 A drug trafficker wanting to provide substantial assistance must be thoroughly screened. The OIC should: 1. Obtain a written confession from the defendant for the charge(s) for which he/she has been arrested. 2. Obtain all Information needed to complete the CMPD Criminal Informant (CI) packet as outlined in the Criminal Informant Directive. Defendants with a history of committing violent crimes or multiple drug charges will be considered on a case by case basis. 3. Obtain the Vice Liaison Sergeant’s approval and signature, if not assigned to Vice, recommending the use of a person for substantial assistance prior to submitting a CI packet to the Vice and Narcotics Division. (See Directive 800012 Confidential Informant.) 4. Not make any promises or inferences about case adjudication or sentencing. Those decisions are solely at the discretion of the D.A. and presiding Judge. 5. Verify the defendant is not a suspect in other felony investigations by checking CMPD and court databases. 6. Once the Vice Liaison Sergeant is satisfied that all requirements have been met and the defendant is a good candidate to provide substantial assistance, the Vice Liaison Sergeant will contact the DPT Supervisor. At no point should an officer or detective contact the DPT Supervisor directly in regards to substantial assistance without the knowledge and approval of the Vice Liaison Sergeant. 7. The OIC contacts the defendant’s attorney, if applicable, and arranges a meeting between the OIC, defendant, and the defendant’s attorney. The defendant should be debriefed during this meeting about the cooperation and information they can provide. In the event a meeting cannot be set, the officer should request a proffer from the defendant’s attorney about the defendant’s capabilities to provide assistance. During these debriefings, if a defendant provides information about other criminal activity the officer must make immediate notification to a Sergeant of that unit (Homicide, Robbery, Auto Theft, etc.) 8. Ensure the defendant has voluntarily waived their 5th Amendment right, in writing. If the defendant has been formally charged before a magistrate, the defendant must also waive their 6th Amendment right to counsel regardless of whether an attorney is present. 9. If the defendant is in custody, the Vice Liaison Sergeant will contact the DPT Supervisor and discuss the debriefing information. Upon approval, the DPT supervisor will request a bond reduction or other terms of release as they deem appropriate. Charlotte-Mecklenburg Police Department Substantial Assistance Interactive Directives Guide Effective Date 11/28/2008 B. 800-013 3 of 5 Guidelines for On-Scene Substantial Assistance During a drug investigation a person’s ability to provide substantial information about their source or location can be time sensitive. Therefore, a detective/officer may wish to use a person prior to, and in some cases in lieu of, being charged with a criminal offense. It is important that no promises or guarantees are made to defendants prior to the approval of the DPT. So that we are prudent in our application of this discretion and in communicating with the DPT, on-scene substantial assistance can be considered once: C. 1. The detective/officer has discussed the case with their immediate supervisor, if not part of a FMT or division drug unit. 2. The defendant has voluntarily waived their 5th Amendment right, in writing. 3. The person provides a written confession to the crime for which they may be charged. 4. A positive identification has been made. 5. The necessary information has been obtained to register them as a CI. 6. The Vice Liaison Sergeant for substantial assistance has been briefed and concurs with the request. 7. If the person provides immediate on-scene substantial assistance, that person must be registered as an informant before they are used again. 8. The Vice Liaison Sergeant will notify the DPT Supervisor or designee within one (1) working day for all trafficking cases. This communication can be done via phone call or email. All contacts should be documented in the case file notes with the person contacted, date, time and summary of the conversation. 9. Drug Trafficking Cases: In situations where on scene substantial assistance is given and the decision is made by the detective/officer to not arrest, the case must be papered within three (3) working days with the arrest to follow unless prior approval is received from the DPT Supervisor. Information for Substantial Assistance Follow Up 1. Papering: At papering, the OIC should alert the ADA that the defendant is providing substantial assistance and the Vice Liaison Sergeant has discussed the matter with the DPT Supervisor. Regardless of whether the defendant has provided substantial assistance, the papering ADA retains full discretion as to whether to accept the case for prosecution. Charlotte-Mecklenburg Police Department 800-013 Substantial Assistance Interactive Directives Guide Effective Date 11/28/2008 4 of 5 2. Guilty Plea: Defendants who plead guilty will likely have their sentencing delayed by the judge. The sentencing usually is scheduled during a substantial assistance hearing, 30 to 60 days after the defendant’s guilty plea. Officers may be required to attend the substantial assistance/sentencing hearing when subpoenaed by the defense attorney. Be mindful that the D.A’s Office can not excuse the OIC from a defense subpoena. 3. Information provided to the DPT Supervisor: The OIC will provide the DPT Supervisor a detailed written report within 60 days post arrest on the defendant summarizing the substantial assistance provided. This summary will include the complaint numbers, dates, seizure amounts, weights of procedures, and names of the persons in which the defendant provided assistance. The OIC should include whether the defendant provided the maximum amount of assistance they could, if they are still involved in the drug trade and how significant a source/dealer they are in Mecklenburg County. This document should be provided by email or in a hard copy format so that the DPT supervisor will have a written record for court purposes. If the defendant is continuing to work after this time the OIC will continue to provide an update every 30 days. 4. Non-Trafficking Drug Cases: Defendants with non-trafficking cases do not qualify for Substantial Assistance under N.C.G.S. 90-95(h)(5). Further, the Structured Sentencing Act does not allow for meaningful deviation in the DA’s recommendation for non-trafficking offenses (Class G, H, and I felonies). However, consideration may be given on a case by case basis. 5. DPT Supervisor: a. Will present information for substantial assistance on behalf of the State to the presiding Judge during the defendant’s sentencing hearing. b. While officers are responsible for leading investigations in which persons are providing substantial assistance, they should be mindful of the following: (1) Officers should NEVER discuss the amount of time the State may recommend for a defendant. If asked by a defense attorney, officers should reply that sentencing recommendations are made by the DPT. (2) Detectives/Officers should never discuss the possibility of a continuance of any court date with the defendant. If the defendant Charlotte-Mecklenburg Police Department 800-013 Substantial Assistance Interactive Directives Guide 5 of 5 Effective Date 11/28/2008 inquires about a continuance, he should be directed to discuss the matter with his attorney. V. (3) Once all evidence is heard, recommendation to the Court. the DPT (4) Detectives/officers must be mindful that final sentencing is entirely at the discretion of the Judge. The Judge may accept or reject the State’s recommendation. REFERENCES 800-012 Confidential Informant N.C.G.S. 90-95 (h)(5) Mecklenburg County District Attorney’s Office, Drug Prosecution Team will make their Charlotte-Mecklenburg Police Department Interactive Directives Guide Effective Date I. 800-014 Social Media Policy 02/25/2012 1 of 3 PURPOSE To provide guidelines for department employees concerning the release of information to social media sites in order to ensure the protection of the property, images and reputation of the CMPD and its employees. To assist staff in working with social media sites and to coordinate the appropriate communication of timely and accurate information to support the mission and message of the CMPD. This policy is not meant to address one particular form of social media; rather social media in general, as advances in technology occur and new tools emerge. II. POLICY The CMPD recognizes that the use of web-based social networking sites is a popular activity that can enhance communication, collaboration, and information exchange; however, employees must be mindful that inappropriate postings regarding the CharlotteMecklenburg Police Department will have a negative impact upon its relationship with the community. This directive addresses the impact that these sites can have for the CMPD and identifies the type of activities that are prohibited by our employees. III. IV. DEFINITIONS A. Social Media - is a broad term used to describe the wide spectrum of web-based sites that enable users to interact with one another, by facilitating the exchange of opinions, views, and video images. B. Social Networking Site – Any social media site in which information is shared or exchanged. To include, but not limited to, Facebook, MySpace, YouTube, Twitter, blogs, wikis (e.g. Wikipedia, Wiki How, Wiki Answers), dating sites, photo-and videosharing sites (Flickr, You Tube), podcasts, or bulletin boards C. Web 2.0: The second generation of the World Wide Web focused on shareable, usergenerated content, rather than static web pages. Some use this term interchangeably with social media. D. Blog - A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for “Web log.” E. Page - The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. F. Post - Content an individual shares on a social media site or the act of publishing content on a site. G. Profile - Information that a user provides about himself or herself on a social networking site. PROCEDURE A. Using the official approval form or process, employees must obtain permission from the Office of Public Affairs prior to representing the CMPD via a social media/networking site in the performance of an authorized duty. Charlotte-Mecklenburg Police Department Interactive Directives Guide Effective Date 800-014 Social Media Policy 02/25/2012 2 of 3 B. The Office of Public Affairs will be responsible for regularly monitoring all approved sites in order to ensure appropriate usage and representation of the Department. C. Where possible, each approved social media page shall include an introductory statement that clearly specifies the purpose and scope of the Department’s presence on the website. D. Where possible, each approved social media page(s) should link to the Department’s official website. E. Whether in the performance of an authorized duty or operating a personal device, employees shall not post, transmit, reproduce, and/or disseminate information (text, pictures, video, audio, etc.) to the internet or any other forum (public or private) that would tend to discredit or reflect unfavorably upon the CMPD or any of the Department’s employees. F. Employees are responsible for immediately notifying their Chain of Command when they become aware of or have knowledge of a posting or any website or web page that violates the provisions of this policy; or any situation where information, pictures or data representing the CMPD is posted to an unapproved site. G. Employees will not disclose any information that is confidential or proprietary to the City of Charlotte, the CMPD or any third party who has disclosed information to the CMPD. H. Employees will act in accordance with all other City and Departmental policies and directives. (See City Policy, ADM 15) I. Employees will act in a manner consistent with the CMPD’S public image by upholding the value of respect for individuals, avoiding the use of CMPD resources in a derogatory or unprofessional manner and refraining from making defamatory statements about employees, citizens, partners, vendors or other agencies. J. Employees will not allow the use or maintenance of approved websites to interfere with their job duties and responsibilities. K. Using any electronic device (i.e. cell phones, blackberrys, laptops, smartphones, etc.), department issued or personal, to post, upload or download any department or job related information to any social media outlet, is explicitly prohibited, unless it is a site approved through the Office of Public Affairs. Examples included, but are not limited to, releasing or using: 1. Confidential, sensitive, or copyrighted information to which you have access due to your employment with the City. This includes: the CMPD Patch, Badge and Logo. 2. Data from any ongoing criminal or administrative investigation including statements, memos, photographs, video or audio recordings. 3. Photographs of suspects, arrestees or evidence from any crime scene. Charlotte-Mecklenburg Police Department Interactive Directives Guide Effective Date L. V. 800-014 Social Media Policy 02/25/2012 3 of 3 4. Personal statements about an on- or off- duty incident or issue including a use of force incident or criminal investigation. 5. Comments related to pending prosecutions. 6. Cell phones with camera or video capability will not be used for official purposes where photography or video is required or desirable. Due to issues involved in the collection and storage of criminal history information, record sealing, chain of custody issues and other legal concerns, members are not authorized to take, use, collect, store or distribute photographs or videos taken of suspects, crime scenes or any other official department activity, either on a department issued cell phone with photo and video capabilities or a personally owned cell phone camera or any other personally owned camera or photo/video device. Employees should be aware that they may be subject to civil litigation for: 1. Publishing or posting false information that harms the reputation of another person, group or organization (defamation); 2. Publishing or posting private facts and personal information about someone without their permission that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person; 3. Using someone else’s name, likeness, or other personal attributes without that person’s permission for an exploitative purpose; or 4. Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. M. Employees are encouraged to exercise sound judgment on usage, maintenance and discretion in contributing to social media sites where information is available to numerous users. This is especially encouraged on personal sites to ensure a distinct separation between personal and organizational views. N. Employees should be aware that all social networking sites will be monitored and, if found to be used inappropriately, could result in disciplinary action. REFERENCES Rules of Conduct 100-004 Discipline Philosophy 400-004 Use of Computers 800-001 Release of Public Records and Information 800-002 Media Relations City Policy ADM 15 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Intelligence Effective Date I. 800-015 02/25/2012 1 of 6 PURPOSE The purpose of this directive is to identify the purposes for which criminal intelligence may be obtained by the Charlotte-Mecklenburg Police Department (CMPD), the purpose for which it may be used, who may access the information, and methods for identifying the reliability of the information. In addition, the directive identifies the security and maintenance requirements for housing intelligence files and procedures for the dissemination of information contained in the files. It is the purpose of the CMPD intelligence function to gather information from all sources consistent with the law in support of efforts to provide tactical or strategic information on the existence, identities, and capabilities of criminal suspects and enterprises, generally, and in particular, to further crime prevention and enforcement objectives identified by CMPD. II. III. POLICY A. The collection, retention, dissemination, and disposition of criminal intelligence are essential functions of law enforcement. It is the policy of CMPD to gather information directed toward specific individuals or organizations where there is reasonable suspicion that these individuals or organizations may be planning or engaging in criminal activity, to gather such information with due respect for the rights of those involved, and to disseminate such information only as authorized. When acquired, information is used to prevent crime, pursue and apprehend offenders, and obtain evidence necessary for conviction. B. Although criminal intelligence functions may be assigned to specific personnel within CMPD, all members of this agency are responsible for reporting information that may help identify criminal conspirators and perpetrators. All CMPD employees shall adhere to guidelines established in this directive and the 28 Code of Federal Regulations (CFR) Part 23 (as applicable) to ensure the security, confidentiality, and proper maintenance and dissemination of criminal intelligence. DEFINITIONS A. Criminal Intelligence: Data that has been collected, analyzed, and disseminated based on activities and associations of individuals, groups, businesses, and organizations that are identified as being involved or potentially involved in criminal behavior. B. 28 CFR Part 23: A federal regulation for law enforcement agencies to implement standards for operating federally funded multi-jurisdictional criminal intelligence systems. It applies to systems operating through federal funding under the Omnibus Crime Control and Safe Streets Act of 1968. C. Strategic Intelligence: Information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and crime control strategies, for both short and long-term investigative goals. D. Tactical Intelligence: Information regarding a specific criminal event that can be used immediately by officers to further a criminal investigation, plan tactical operations, and provide for officer safety. Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Intelligence Effective Date IV. 800-015 02/25/2012 2 of 6 E. Reasonable Suspicion: Is established when information exists which provides sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. Reasonable suspicion is the minimum threshold necessary for submission of a criminal intelligence record to a criminal intelligence database. F. Participating Agency: An agency or local, county, state, federal, or other governmental unit that exercises law enforcement or criminal investigation authority and that is authorized to submit and receive criminal intelligence information through an interjurisdictional intelligence system. A participating agency may be a member or nonmember of an inter-jurisdictional intelligence system. G. Third Agency Rule: Concept of intelligence sharing that means any receipt of intelligence from an originating agency is prohibited from sharing that information with another agency. This affords some degree of accountability, yet may be waived by the originating agency when appropriate. H. Need-to-know: Defined as the necessity to obtain or receive criminal intelligence information in the performance of official responsibilities as a law enforcement or criminal justice authority. I. Right-to-know: Defined as the legal authority to obtain or receive criminal intelligence information pursuant to court order, statute, or decisional law. PROCEDURE A. Responsibilities The criminal intelligence function is primarily carried out by the Crime Analysis Division however it is the responsibility of all members of CMPD to report any activity which may be of a criminal intelligence nature. Such information should be routed in a supplement report or via email to the appropriate Bureau, Division, or Unit. B. Collection of Criminal Intelligence 1. The collection of criminal intelligence shall be for the purpose of suppressing criminal activity in the jurisdiction of CMPD. The types of incidents for which intelligence information may be obtained include, but are not limited to: a. Narcotics manufacturing and/or trafficking; b. Unlawful gambling; c. Extortion; d. Vice and pornography; e. Infiltration of businesses for illegitimate purposes; f. Bribery; Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Intelligence Effective Date 2. C. 800-015 02/25/2012 3 of 6 g. Major crimes including homicide, burglary, auto theft, kidnapping, destruction of property, robbery, fraud, forgery, fencing of stolen property and arson; h. Manufacture, use, or possession of explosive devices for fraud, intimidation or political reasons; i. Organized crime; j. Threats to public officials and private citizens; k. Traveling criminals; l. Gang activities; m. Other designated multi-jurisdictional activities. The collection of intelligence information about the political, religious, or social views, associations, or activities of any individual or any group, association, corporation, business, partnership, or other organization, is strictly prohibited unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity. Submission of Criminal Intelligence Information submitted for inclusion in any strategic intelligence files shall clearly identify the focus of the investigation. This shall include but not be limited to as many of the following identifiers that are available: 1. Full name; 2. Date of Birth; 3. Address; 4. Aliases; 5. Social Security number; 6. Drivers License number; 7. Physical Description; (height, weight, eye and hair color) 8. Place of birth; 9. Citizenship; (if alien, Identification Number) 10. Distinguishing scars, marks, or tattoos; 11. Violence potential; 12. Criminal identification number; 13. Criminal associates; Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Intelligence Effective Date 14. D. 02/25/2012 4 of 6 Modus Operandi. Evaluation of Criminal Intelligence 1. E. 800-015 All criminal intelligence data entered into any system will be immediately placed in a holding bin and reviewed by the relevant supervisor for evaluation. The supervisor or commanding officer shall determine that the criminal intelligence data conforms to departmental policies and procedures. Criminal intelligence data will be classified under three retention categories: a. Permanent – Applies to intelligence information that has been validated. An intelligence submission with a “Permanent” status will become available for purge five years from the date of the most recent submission. b. Temporary – Applies to criminal information when there is reasonable suspicion of criminal activity, but that finding is based, in part, upon unknown sources or where the content validity of the information is unable to verify. However, the information appears to be significant. “Temporary” intelligence files shall be retained no longer than one year. c. Interim – Applies to newly submitted (“raw”) intelligence information while the intelligence submission is under preliminary investigation by an authorized unit/division. An interim working file will be opened for up to thirty days to confirm content validity and source reliability or unfound the information. No intelligence information in an “Interim” status will be released to outside agencies and an intelligence submission with an “Interim” status will become available for purge thirty days from the submission date. One thirty day extension may be granted by a criminal intelligence supervisor in extenuating circumstances. Dissemination of Criminal Intelligence 1. Request for information from criminal intelligence files shall be directed to the Commander of the appropriate Investigative Bureau, Division, or Unit. The request shall contain the name of the person requesting the information, the date, time and purpose of the request. In addition the request should include specific identifying information on the person for whom the information is being requested. The Chief of Police or designee, or any of the Deputy Chiefs may distribute information contained in intelligence files to members of CMPD or other law enforcement agencies. Information disseminated from intelligence files shall be designated as such. Members of CMPD are prohibited from forwarding or re-disseminating information from intelligence files to persons outside CMPD without the express permission of either the Chief of Police or designee, or any of the Deputy Chiefs. 2. When information from criminal intelligence files is disseminated, the Commander of the appropriate Investigative Bureau, Division or Unit shall record the following information within the file: Charlotte-Mecklenburg Police Department Interactive Directives Guide Criminal Intelligence Effective Date F. 800-015 02/25/2012 5 of 6 a. The date of dissemination of the information; b. The name of the individual requesting the information; c. The name of the agency/organization requesting the information; d. The reason for the release of information; (need to know/right to know) e. The information provided to the requester; f. The name of the person disseminating the information; g. The submission of intelligence information to regional or national criminal intelligence databases shall be in conformance with 28 CFR Part 23. 3. Information furnished by personnel assigned to a criminal intelligence function within CMPD to other officers of CMPD is for department use only. Secondary dissemination of this information outside the department without approval by the Chief of Police or his designee, or any of the Deputy Chiefs is prohibited. 4. G.S. 132-1.4 defines records of criminal intelligence information as “records or information that pertain to a person or group of persons that is compiled by a public law enforcement agency in an effort to anticipate, prevent, or monitor possible violations of the law.” Records of criminal intelligence information collected by CMPD are not public record. When criminal intelligence information is deleted from a document, tape recording or other record, CMPD will clearly indicate that such deletion has been made. 5. Criminal intelligence information that is part of a criminal investigative file may be discoverable. Disclosure of criminal intelligence information that has been provided to a prosecuting attorney will be governed by G.S. 132-1.4 and Chapter 15A of the General Statutes. When it is appropriate CMPD will request that the prosecuting attorney obtain a protective order for the criminal intelligence information pursuant to G.S. 15A-908. Terrorism Related Intelligence 1. The CMPD shall maintain a liaison with other organizations for the exchange of information related to terrorism. This liaison may be in the form of direct contact with specific departments and/or through such organizations as Joint Terrorism Task Force (JTTF), North Carolina Homeland Security, United States Homeland Security, LEO, ROCIC, and the North Carolina Fusion Network. The Deputy Chief of the Investigative Services Group or designee shall be responsible for the dissemination of terrorist related information within the CMPD and shall approve the re-dissemination of terrorist related information to other organizations. When appropriate, such information shall be in the form of a written report accompanied by supporting documentation. 2. Information developed by the assigned JTTF detective through their work with the JTTF will be maintained in accordance with FBI regulations. The detective Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-015 Criminal Intelligence Effective Date 02/25/2012 6 of 6 assigned to the JTTF requires a security clearance. Security clearances are required for all CMPD personnel who are briefed or otherwise receive information from the JTTF or other governmental agencies. 3. G. The Chief of Police shall determine which CMPD personnel require security clearances and the level of clearance needed. Security clearances will be issued on a need to know basis only. The decision regarding the granting of security clearances rests solely with the issuing Federal agency. Purging Procedures Review and purging of intelligence information should be an ongoing process. The maximum retention period for intelligence information is five (5) years. If the information has not been updated and/or validated within the five (5) years, the information shall be purged from any intelligence files. If information has been updated within the past five years; the file may be retained for a period of five (5) years from the date of the latest information. Material purged from intelligence files shall be thoroughly deleted from any electronic storage devices and/or hard copies shall be shredded or otherwise made unusable. A record of the purge may be maintained containing the date and reason of the purge, as well as the name of the person completing the purge. Criminal intelligence information that is of little or no value will be purged and destroyed after review and approval by the appropriate level supervisor. H. Training It is the responsibility of all unit supervisors to ensure that assigned personnel have the needed training appropriate to the level of criminal intelligence that might be gathered, viewed, analyzed and/or disseminated within that unit. All personnel will be familiar with all rules regarding the security for and disclosure of sensitive intelligence related information. The N.C. BLET curriculum provides this training for sworn personnel during the training academy. Personnel assigned to criminal intelligence related functions will receive advanced training when it is available. I. Review of Procedures and Processes Supervisors of units within CMPD that have a criminal intelligence function will conduct a documented annual review of their criminal intelligence functions, procedures and processes. Supervisors will prepare a written report and will include any recommendations for changes in procedures or processes. This written report will be submitted to the appropriate Bureau level Deputy Chief. V. REFERENCES Vice & Narcotics SOP #14 Municipal Records Retention Schedule 28 CFR Part 23 N.C.G.S. 15A-908 N.C.G.S. 132-1.4 (b)(2) CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date I. 800-016 05/28/2012 1 of 10 PURPOSE This Directive provides rules to guide CMPD employees in performing their job before, during and after a First Amendment Activity. II. POLICY It is the policy of CMPD that whenever an employee is performing his or her job that they conform to the guarantees of the United States and North Carolina Constitutions. When conducting a job related function in relation to a First Amendment Activity, that function must be confined to a Legitimate Law Enforcement Objective. CMPD recognizes that the First Amendment of the United States Constitution promotes, encourages and protects the right of free speech and the right of persons and groups to assemble peacefully. In addition, the Fourth Amendment protects an individuals from unreasonable governmental intrusion into their person houses papers and effects Whether demonstrating, protesting, counter protesting, or showing support for a cause, individuals and groups have the Constitutional right to peacefully gather and express themselves without interference from law enforcement as to the content of their message. At the same time, it is also the role of CMPD to maintain law and order during a First Amendment Activity and to investigate the potential for criminal behavior that might occur before, during or after such activities. III. DEFINITIONS A. Criminal Intelligence Investigation: an investigation that occurs in conjunction with a Full Intelligence Operation when there is reasonable suspicion to believe that criminal activity is being planned before, during or after a First Amendment Activity. B. First Amendment Activity: constitutionally protected speech or association, or conduct related to freedom of speech, the free exercise of religion, freedom of the press, the right to assemble, and the right to petition the government. A First Amendment Activity includes but is not limited to the preparation, planning and discourse conducted before, during and after a particular occurrence or continuous activity such as a demonstration or a protest. C. Full Intelligence Operation: an approved intelligence gathering process based upon an operational plan that is specifically designed to gather information necessary to fulfill a Legitimate Law Enforcement Objective. D. Infiltrate: a covert investigative technique whereby an officer affirmatively identifies him/herself as a participant in a group or organization and does not disclose his or her identity as a law enforcement officer. E. Informant: a person not a police officer, who provides information to law enforcement about individuals, groups of individuals or organizations which are generally not publicly available. F. Legitimate Law Enforcement Objective: a Legitimate Law Enforcement Objective consists of the following: the detection and investigation of criminal behavior, the apprehension and prosecution of criminals; the identification of potential acts of civil Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-016 First Amendment Activities Effective Date 05/28/2012 2 of 10 disobedience designed to unlawfully disrupt the legitimate and lawful activities conducted within the Charlotte-Mecklenburg area; the identification of governmental resources necessary to staff a First Amendment Activity sufficient to protect persons and property. IV. G. Public Source Information: any information that can be obtained or accessed by the general public such as public records, social media sites, web pages and observation of activity that is presented to and/or can be viewed by the general public. H. Preliminary Intelligence Assessment: an initial and limited examination of information related to a First Amendment Activity. The examination may occur before, during or after a First Amendment Activity, but must be for the sole purpose of identifying a Legitimate Law Enforcement Objective. I. Reasonable Suspicion: an objective belief based on articulable facts and circumstances indicating a past, current, or impending violation of law. The reasonable suspicion standard is lower than the standard of probable cause; however, a mere hunch is insufficient as a basis for reasonable suspicion. A suspicion that is based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news gathering activity of an individual or group is not reasonable suspicion. J. Undercover Officer: a law enforcement officer who attends meetings of a group or organization involved with First Amendment Activity without disclosing his or her identity as a law enforcement officer. PROCEDURE The Procedures in this Directive are intended to ensure that CMPD Officers will protect the guarantees of the Constitution while performing their duties with certainty, confidence and effectiveness. These procedures are binding on all CMPD employees who are involved with the monitoring of a First Amendment Activity. A. Procedures Applicable to all Employees. 1. CMPD employees shall not respond to or monitor First Amendment Activity except for the purpose of facilitating a Legitimate Law Enforcement Objective.   a. For example, Officers may monitor a First Amendment Activity to develop information that will assist with traffic and crowd control during this or other First Amendment Activities.     b. For example, Officers may monitor a demonstration after receiving information from a reliable informant that a group of counter demonstrators plans to commit criminal acts for the purpose of disrupting another group’s demonstration. Charlotte-Mecklenburg Police Department Interactive Directives Guide 800-016 First Amendment Activities Effective Date 05/28/2012 3 of 10 2. CMPD employees shall not investigate, prosecute, retaliate, prevent, or hinder any person from lawfully participating in First Amendment Activities. 3. CMPD employees shall not collect, document or retain information on persons associated with a First Amendment Activity based solely on that individual’s a. Ethnicity, national origin, race; or b. Religious, political or social beliefs or association; or c. Sexual orientation; or d. Support for unpopular causes protected by the First Amendment. 4. CMPD employees will not encourage, suggest or participate in any civil disturbance, civil disobedience or violation of any criminal law. 5. CMPD employees shall not question witnesses, event participants or arrestees regarding their social, political, or religious views. All questions will be limited to issues related to criminal conduct or to developing information related to a Legitimate Law Enforcement Objective. 6. Officers shall not take, confiscate or seize a participant or spectator’s camera, cell phone or other electronic recording device simply because they are recording police activity. A camera, cell phone, or other electronic recording device will not be seized unless officers have obtained a search warrant or there is an exception to the warrant requirement. 7. Officers shall not take, confiscate or seize a participant or spectator’s journal, writing, or other personal documents unless they have obtained a search warrant or there is an exception to the warrant requirement. 8. Any photographing or video recording of an event shall be conducted in a manner that minimizes interference with the First Amendment Activity and must be related to a Legitimate Law Enforcement Objective. 9. Nothing in this Directive prevents an employee from recording or monitoring images by video/digital means or the taking of photographs for the purpose of facilitating a Legitimate Law Enforcement Objective such as managing public resources or for the purpose of collecting evidence to be used in criminal investigation or the collection of evidence to evaluate and defend civil claims. 10. Nothing in this Directive prevents an employee from reviewing public source information so long as it is related to a Legitimate Law Enforcement Objective. Public source information may be retained only if it is deemed reliable and retention conforms to this Directive. 11. No employee shall conduct an undercover operation or infiltrate a First Amendment Activity unless specific approval has been obtained from the Chief of Police or designee. Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date B. 800-016 05/28/2012 4 of 10 Preliminary Intelligence Assessment 1. CMPD shall initiate a Preliminary Intelligence Assessment (PIA) for the purpose of determining whether there is a Legitimate Law Enforcement Objective related to a First Amendment Activity whenever it is anticipated that an event or activity may require additional police resources or there is reason to believe that there is a potential for criminal activity to occur before during or after the First Amendment Activity. A PIA is not required for the initial or sporadic monitoring of a First Amendment Activity. Nothing in this section requires a PIA for the routine review of city permits and other public source information available to the general public that is related to First Amendment Activity. 2. Prior to conducting a Full Intelligence Operation that is associated with a First Amendment Activity, a PIA must be completed unless exigent circumstances exist. 3. Procedures for conducting a Preliminary Intelligence Assessment a. A PIA shall be approved in writing by the Chief of Police or designee unless there are exigent circumstances in which case a PIA may be immediately initiated upon obtaining verbal approval from the Chief of Police or designee. b. If feasible, a written plan will be presented to the Chief of Police or designee at the time of the request or within 24 hours after initiating a PIA. The written plan will identify the specific need for the PIA and the proposed tactics to be used during the PIA. c. A PIA shall not exceed 30 days unless approved in writing by the Chief of Police or designee. The Chief of Police or designee may extend PIA up to one additional 30 day period. No PIA shall exceed 60 days. d. Information that identifies individuals by name, address, vehicle ownership, registration or by any other personal identifier will not be collected unless it is directly related to a Legitimate Law Enforcement Objective. (1) For example, an officer determines that a particular person has been identified as the point of contact for a particular group that is conducting a First Amendment Activity or the officer is trying to identify a point of contact to discuss whether additional City resources may need to be deployed during a First Amendment Activity. (2) For example, officers have a reasonable suspicion that a person or persons are planning criminal activity to disrupt a demonstration or protest. Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date 4. 800-016 05/28/2012 5 of 10 e. No participant’s likeness sufficient for identification purposes will be photographed or recorded in any manner unless it is related to a Legitimate Law Enforcement Objective.. Nothing in this section prevents the use of video recording, video monitoring or taking pictures for the purpose of managing public resources during a protest, demonstration or any other First Amendment Activity Nothing in this section prevents the collection and retention of arrest information. Public source information may be collected and retained pursuant to this Directive so long as it is reliable and related to a Legitimate Law Enforcement Objective. f. Each week the PIA is in operation, the Commander of the Intelligence Group or persons selected by the Chief of Police shall prepare a preliminary report to the Chief of Police or designee recommending whether to terminate or continue the PIA. If at any time it is determined that a Legitimate Law Enforcement Objective does not exist or is no longer present, then the PIA will be terminated. In addition, the Commander of the Intelligence Unit may recommend that an Intelligence Operation and/or a Criminal Intelligence Investigation be commenced. Unless special circumstances exist, officers conducting a PIA will initially rely upon the least intrusive method of monitoring a First Amendment Activity. When feasible the following sources will initially be used to facilitate a PIA a. Public source information such as public records, permit applications, social media and information obtained on the internet. All information derived from a public source will be evaluated for reliability and must be related to a Legitimate Law Enforcement Objective. b. Information from social networks and personal web sites that is available to the general public. Officers will not use deception to obtain authorization to enter a site that requires permission by the site sponsor unless they have identified a Legitimate Law Enforcement Objective and specific approval has been granted by the Commander of the Intelligence Group. c. Information obtained from interviews with persons participating in a First Amendment Activity so long as the officer conducting the interview identifies him/herself as a law enforcement officer and the information sought is related to a Legitimate Law Enforcement Objective. For example, an officer asks members of a group how many persons they expect to be present at a demonstration or do they expect counterprotestors to disrupt the event. d. Reliable information provided by confidential informants that is related to a Legitimate Law Enforcement Objective. Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date e. C. 800-016 05/28/2012 6 of 10 Information provided by undercover officers who are monitoring a First Amendment Event open to the public and the information collected is related to a Legitimate Law Enforcement Objective. 5. Undercover officers may be used to monitor meetings open to the public or to monitor a march, demonstration or protest upon obtaining specific written approval from the Chief of Police or designee. The purpose of monitoring a First Amendment Activity must be related to a Legitimate Law Enforcement Objective. Undercover officers may use departmental issued electronic digital cameras or video recording devices. 6. During a PIA, undercover officers will not participate in any decision making process used by a group associated with a First Amendment Activity. 7. Retention of PIA records a. Only records that are necessary to fulfill a Legitimate Law Enforcement Objective will be retained after a PIA is concluded. b. Personal identification information shall be purged unless there is reasonable suspicion to believe the person is involved in criminal activity. No personal identification information shall be entered into a CMPD data base unless there is reasonable suspicion to believe the person is involved in criminal activity and entry is compliant with 28 CFR Part 23. Full Intelligence Operation 1. The Commander of the Intelligence Group may recommend to the Chief of Police or designee that CMPD conduct a Full Intelligence Operation or a Criminal Intelligence Investigation upon a finding that there is an on-going need to facilitate a Legitimate Law Enforcement Objective. 2. A full Intelligence Operation must result in one of two courses of action: 3. a. The monitoring of an on – going First Amendment Activity pursuant to a written operational plan for the purpose of facilitating a Legitimate Law Enforcement Objective other than a Criminal Intelligence Investigation; or b. Criminal Intelligence Investigation. A Criminal Intelligence Investigation may be initiated if there is reasonable suspicion that individuals associated with a First Amendment Activity may or have committed a serious crime. A serious crime is one that is a direct threat to the public’s safety or involves the significant destruction of property. A serious crime does not include violations of minor regulatory misdemeanors typically associated with civil disobedience tactics. Procedures for conducting a Full Intelligence Operation Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date 05/28/2012 7 of 10 a. No Full Intelligence Operation will be initiated unless a written Operational Plan has been submitted to and approved by the Chief of Police or designee and General Counsel for the Department. b. The Operation Plan shall require the Commander of the Intelligence Group to review on a weekly basis the Full Intelligence Operation for the purpose of determining the need to continue the operation and/or to remove or add investigative tactics. c. The Operational Plan will include at a minimum the following: d. D. 800-016 (1) Findings of fact based on the Preliminary Intelligence Assessment. (2) Identification of the Legitimate Law Enforcement Objectives. (3) The investigative and intelligence tactics that will be used to monitor the First Amendment Activity. (4) An estimation of the length of time the Full Intelligence Operation will be operational. (5) Any restrictions placed on CMPD officers as to any method or manner related to monitoring or collecting information. (6) A weekly review process for the purpose of determining the need to continue or modify the Full Intelligence Operation. The Commander of the Intelligence Group shall submit a written report every week to the Chief of Police or designee and the Department’s General Counsel summarizing the results of the Full Intelligence Operation. The report shall also identify the tactics and methods being currently deployed and an explanation as to why those tactics are necessary to facilitate a Legitimate Law Enforcement Objective. Criminal Intelligence Investigation of a group or individual group member(s) involved with potential First Amendment Activity 1. CMPD may initiate a Criminal Intelligence Investigation if there is reasonable suspicion that individuals associated with a First Amendment Activity may or have committed a serious crime. A serious crime is one that is a direct threat to the public’s safety or involves the significant destruction of property. A serious crime does not include violations of minor regulatory misdemeanors typically associated with civil disobedience tactics. 2. In evaluating whether a Criminal Intelligence Investigation related to a First Amendment Activity is warranted, the Commander of the Criminal Intelligence Group and the Chief of Police or designee shall review the following factors: a. The severity of the suspected crime, Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date 3. E. 800-016 05/28/2012 8 of 10 b. The number of potential participants, c. The potential degree of harm that exists to participants, spectators and the general public; and d. Whether the need to conduct a Criminal Intelligence Investigation outweighs the potential interference with the First Amendment Activity. A Criminal Intelligence Investigation related to a First Amendment Activity should be reserved for situations where circumstances indicate that the degree of harm resulting from the criminal activity clearly outweighs any objective harm to First Amendment activities. Procedures for conducting a Criminal Intelligence Investigation of a First Amendment Activity. 1. An Operational Plan must be completed, approved, and signed by the Chief of Police or his designee before the initiation of a Criminal Intelligence. 2. Employees of the CMPD shall not engage in a Criminal Intelligence Investigation for the purpose of hindering, disrupting, or otherwise interfering with any person’s past, current, or future ability to exercise his or her First Amendment rights. The sole purpose for conducting a Criminal Intelligence Investigation is to obtain evidence to be used in the prosecution of a specific crime. 3. A Criminal Intelligence Investigation will be conducted in conjunction with the prosecuting authority that retains jurisdiction over the specific crimes being investigated by CMPD. 4. Persons suspected of criminal activity shall not be identified by any political, religious or First Amendment label but may be identified by name or code name. The identifying name or code will only be linked to suspected criminal behavior and not to a First Amendment Activity. 5. Each Criminal Intelligence Investigation will be reviewed by the Commander of the Intelligence Group and the Chief or Police or designee on a weekly basis to ensure compliance with this Directive. 6. A Criminal Intelligence Investigation shall be terminated when it is apparent that reasonable suspicion no longer exists that a serious crime has, may, or will occur. 7. CMPD may use any investigative tool or tactic normally used during a criminal investigation. When feasible, CMPD will utilize the least intrusive method available taking care not to interfere with legitimate First Amendment Activities. Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date F. 800-016 05/28/2012 9 of 10 8. Undercover officers may infiltrate a group for the purpose of collecting evidence necessary for the prosecution of a crime. Undercover officers will not participate in the decision making process of a group associated with a First Amendment Activity unless specific approval has been obtained from both the Chief of Police or designee and the prosecuting authority that has jurisdiction of the suspected crime. 9. Undercover officers who have infiltrated a group will not participate in any civil disturbance, civil disobedience or violation of any criminal law unless specific approval has been obtained from the Chief of Police or designee and the prosecuting authority that has jurisdiction over the suspected crime. Retention of Information 1. Before information is entered into any data system it will be reviewed by the Commander of the Intelligence Group to determine if its entry is complaint with 28 CFR Part 23 and other applicable state and federal law. 2. The following information shall be retained: 3. a. Information related to a Legitimate Law Enforcement Objective. b. Information related to or part of an ongoing Criminal Intelligence Investigation. c. Any information that may be discoverable in a criminal prosecution or subject to Brady/Giglio requirements. d. Information such as video recordings or eye witness information necessary to protect the City and Department from civil claims that may arise out of a demonstration or protest. e. Information such as video recordings or pictures that will assist CMPD in training for First Amendment Activities. All recognizable facial images or other identifying information will be blurred or removed. f. Information that may be used as part of an internal investigation involving a CMPD employee. If the information collected does not assist the Department with facilitating a Legitimate Law Enforcement Objective, then that information will be destroyed. Indentifying information that links a particular individual to a First Amendment Activity will not be retained unless that information is independently available from a reliable public source and there is need to retain that information for a Legitimate Law Enforcement Activity or reasonable suspicion exists that the person may be involved with criminal activity. Charlotte-Mecklenburg Police Department Interactive Directives Guide First Amendment Activities Effective Date 4. G. 800-016 05/28/2012 10 of 10 Before any information resulting from a Full Intelligence Operation is destroyed or purged it shall be reviewed and approved by the Deputy Chief over the Intelligence Group and General Counsel for the Department. Information that might be relevant to a criminal investigation will not be purged unless approved by the prosecuting authority. Documentation of this process will be maintained in an administrative file maintained by the Department’s General Counsel. Training. All officers assigned to the Intelligence Group will be required to attend training on police investigations concerning First Amendment activities. H. Sharing of information with other municipal, state and federal agencies. Pursuant to the review schedule as set forth in the Operational Plan all information will be reviewed to determine whether that information needs to be shared with other agencies or with the private sector. Information will be shared if it is related to that Agency’s function as defined by law or with the private sector if the information may affect a private property interest related to public safety. V. REFERENCES 100-003 Jurisdiction and Authority 800-015 Criminal Intelligence 28 CFR Part 23 NCGS 132-1.4 CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Special Weapons and Tactics (SWAT) Team Effective Date 05/08/2015 I. 900-001 1 of 5 PURPOSE To establish guidelines and procedures for department employees for the utilization of the CMPD SWAT Team. II. POLICY The mission of the CMPD Special Weapons and Tactics Team is to preserve life in high risk situations through the use of specialized training, equipment, and tactics in a professional manner that inspires the confidence of the community. CORE VALUES: III. A. All operations will be conducted with the highest regard for the preservation of life. B. The SWAT Team is committed to the safe resolution of all high risk situations and will approach each situation in a professional and controlled manner, with an emphasis on a negotiated resolution. C. The SWAT Team will use the best available specialized training and equipment to accomplish its mission and will develop the specialized skills of each team member. D. The SWAT Team is committed to a controlled, rapid response to high risk situations in order to gain control and minimize the risk of death or injury to any person. E. Team members approach their duties with a high level of confidence, motivation, flexibility, and patience. F. The SWAT Team members acknowledge their dependence upon one another and work as a team in an atmosphere of trust, confidence, and open communication. PROCEDURE A. Call-Out Procedures The ranking supervisor on the scene of any incident, or an on-duty SWAT Team member, may request the assistance of the SWAT Team. During normal business hours, the request should be made through the incident location Chain of Command to the SWAT Team Commander, or a SWAT Team Captain. During times when the Watch Commander is in charge, the request will be made directly to their office. The Watch Commander is responsible for contacting the appropriate member of the SWAT Team Command Staff. The member of the SWAT Team command staff who is contacted will make the decision on deployment of the Team. When the SWAT Team deploys an incident notification will be sent out to all affected parties. Division supervisors will be responsible for making any additional notifications to that division’s Major and Deputy Chief that the SWAT Team has been deployed in their area. Divisions requesting SWAT Team assistance in service of high risk search/arrest warrants will be asked to provide as much lead time as possible in order to allow the SWAT Team sufficient time for planning and preparation. Requests for SWAT Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-001 Special Weapons and Tactics (SWAT) Team Effective Date 05/08/2015 2 of 5 assistance with serving high risk warrants should be approved through the level of the Service Area or Section Major. B. SWAT Team Operations Although not all inclusive, the following situations may necessitate the deployment of the SWAT Team. 1. Hostage Incident: Any situation where a suspect is holding a person(s) against his or her will by bodily force or the threat of bodily injury or death. 2. Barricaded Suspect: An armed suspect is wanted on criminal charges or for mental commitment proceedings and has assumed a position that provides him/her with significant tactical advantage over officers attempting to make an apprehension. 3. Suicidal Suspect: An armed subject who appears to be an imminent threat to himself/herself or others and has assumed a position which provides him/her with a significant tactical advantage over officers attempting to make an apprehension. 4. Search Warrants/Arrest Warrants: Where armed resistance is likely during the service of such warrants or where the service of such warrants requires the use of specialized tactics and equipment not available to other officers. 5. Surveillance/Stake-Outs: Where the crime is a felony or a crime of violence and information exists that the suspect(s) may be armed and the use of specialized tactics or equipment is required. 6. Woodland Search: Where an armed suspect is wanted on criminal charges or for mental commitment proceedings and has taken refuge in a wooded or rural area and has been contained by police officers. 7. Civil Disorder/High Risk Demonstration: Any civil disorder where the skills or equipment of the SWAT Team can assist in maintaining peace and order and achieving department objectives, or any high risk demonstration or parade where violence is possible. 8. Dignitary Protection: Whenever a visiting dignitary may require specialized security while in our jurisdiction. 9. Assistance to Other Law Enforcement Agencies: Where any of the above mentioned conditions exist and any law enforcement agency requests assistance in accordance with state law, or where any federal or state agency requests assistance within the jurisdiction of the CMPD. The Chief of Police or designee will approve any request for assistance outside the territorial jurisdiction of the department. The SWAT Commander is responsible for insuring any required MOU’s are valid prior to any agreement to assist. Charlotte-Mecklenburg Police Department Interactive Directives Guide Special Weapons and Tactics (SWAT) Team Effective Date 05/08/2015 C. D. 900-001 3 of 5 Deployment Logistics 1. Once the determination is made that the SWAT Team is to be deployed; SWAT Command will contact the Communications Supervisor and request that a notification be sent to all SWAT Team members. This notification will include specific information provided to the Communications Supervisor by SWAT Command. 2. Once on the scene, the ranking SWAT Team member will serve as the Tactical Supervisor until relieved by a higher ranking Team member. If immediate action is required, the on-scene Tactical Supervisor or Officer will initiate the appropriate response. If immediate action is not required, the SWAT Team supervisor will stabilize the situation pending the arrival of a SWAT Captain, or the SWAT Commander. 3. The Watch Commander will act as the Incident Commander or Operations Commander until relieved by a member of the appropriate Patrol Division Command. The Incident Command System (ICS) will be initiated by the Watch Commander or Patrol Commander and applied accordingly based on the scope of the incident. 4. Tactical decisions are the primary responsibility of highest ranking SWAT Team member on the scene and should be made jointly with the Incident Commander when circumstances permit. 5. The Crisis Negotiators will be contacted whenever the SWAT Team is deployed for hostage, suicide, or barricaded subject. Negotiators may be contacted in other situations as deemed appropriate by the Incident or SWAT Commander. However, Negotiators will not deploy without tactical support. 6. The Tactical Medics will be notified in every situation in which the SWAT Team is deployed and will respond according to their agency’s SOP. 7. Team members who are not required to report immediately must be prepared to respond to the scene and relieve other SWAT personnel as the need arises. 8. In deploying new Team members, all supervisors will consider whether the officer has received required training, and displayed proficiency in a particular skill or piece of equipment, prior to assigning the officer to a position during an operation. A supervisor will not assign a team member to a task for which the Team member has not been trained or for which the Team member has not demonstrated proficiency. If this occurs, the Team member is responsible for informing the supervisor that they have not been trained for the assigned task. 9. The Body Worn Camera (BWC) will not be utilized while engaged in events under the Special Operations Command. Radio Protocol Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-001 Special Weapons and Tactics (SWAT) Team Effective Date 05/08/2015 4 of 5 As soon as practical, all radio communications pertaining to a SWAT incident will be designated a specific SWAT talk-group (SWAT 1) in most situations. A dispatcher will staff this channel, and all radio traffic will be recorded. E. F. Support Services 1. During the initial deployment phase, notification of relevant support services may include, but are not limited to CFD, police canine, helicopter, investigations, Crime Scene Search, and MEDIC. 2. During a tactical team deployment, the communication with other departments and/or agencies will be handled by the Communications Division or directly by the On Scene Tactical Commander via cellular telephone or radio. Radio communications should be handled on a frequency other than the one selected as the primary talk group for the tactical operations. Establishment of Scene Perimeters On incidents that are not pre-planned by SWAT personnel the responding patrol units will be responsible for the initial containment of the structure or incident location. Upon the arrival of SWAT personnel, the patrol units/officers will be relieved of their duties relevant to the actual containment of the incident scene or structure as quickly as is reasonably possible; however, patrol will remain responsible for securing the inner and outer perimeters to include traffic and pedestrian control. Decisions pertaining to the inner and outer perimeters of an incident location will be made by the On-Scene Patrol Commander, in consultation with the Tactical Commander. G. Evacuation of Bystanders and Injured Persons The evacuation of bystanders, residents adjacent to an incident location and injured persons is an ongoing process and will be based upon such criteria as the general nature of the incident, type of weapons involved, the population density surrounding the incident location, any indication of a chemical or biological agent, prior actions on the part of the suspect(s) that would necessitate the movement of people from the area and the nature and extent of injuries involved. Prior to the arrival of the SWAT Team, this will be the responsibility of the On-Scene Patrol Commander, except for those individuals who cannot be evacuated without compromising officer safety. In those cases, the person should be advised to remain in place until the SWAT Team arrives with the equipment necessary to effect the safe movement of the individual. A person should only be moved if it can be accomplished without risking the safety of any responding officers, but officers should quickly evacuate those citizens whose safety is at risk if not relocated. If evacuations are conducted, the patrol supervisor will document all locations and citizens evacuated and will provide that information in written form to SWAT command when the transition occurs. H. Review and Operation Debrief 1. As soon as practical following the termination of a SWAT involved operation, an incident debriefing and critique will be held. If necessary, all elements involved Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-001 Special Weapons and Tactics (SWAT) Team Effective Date 05/08/2015 5 of 5 in the incident should be present; including, but not limited to, participating SWAT Team members, CMPD Command Staff, communications personnel, support services, patrol, and investigations. IV. 2. In addition to the review, a SWAT Team supervisor who was involved in the operation will be designated to complete a written Critical Incident Report (CIR). The CIR will include such information as the details leading up to the incident, SWAT Team deployment, operational commands and actions while on the scene and should include a copy of all relevant offense reports and related materials. The CIR along with all SWAT Officer’s supplements / statements will be attached to all case files. 3. A SWAT Supervisor will coordinate with patrol the completion of all necessary administrative paperwork related to the direct actions of SWAT Team members such as Raid and Search Reports and Use of Force documentation. Paperwork relevant to other officers on the scene will be handled by the appropriate Division Chain of Command. REFERENCES Directive 100-003 Limits of Authority Charlotte-Mecklenburg County Integrated Response Plan for All Hazards, Annex “M” (version 9/25/03) SWAT SOP’ CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide Subpoena Service and Absentee Reporting Effective Date I. 900-003 04/28/2006 1 of 1 PURPOSE To develop a consistent format for reporting and tracking training and court absences and tardiness. A tracking system for logging Court Subpoenas into the district/section will ensure that all personnel are notified of their attendance obligations. II. PROCEDURES A. B. III. Subpoena Service 1. The Court Liaison Office, and Investigators assigned to the District Attorney's Office will generate a separate subpoena for each officer to increase accountability. 2. The Court Liaison Office, and District Attorney Investigators will separate the subpoenas by districts/sections and will retain the matching subpoena. 3. A secure distribution system includes sending the court subpoenas in a color coded sealed envelope that will be placed in district/section mail slots in the CMPD's Records Section. 4. Each district/section will designate an employee who will be responsible for receiving the subpoenas and maintaining the Subpoena Tracking Form. The Subpoena Tracking Form will be maintained by the district for six (6)months. 5. Subpoenas will be logged in at the district/section level, and the subpoena will be distributed by the designated employee to the supervisors in the district/section. Supervisors are responsible for serving officers with the subpoena and returning the subpoena to the designated employee prior to the court date. The designated employee will log the subpoena as served and return all subpoenas to the Court Liaison Office in a sealed envelope prior to the court date. 6. The Court Liaison Office will document unjustified absences and tardiness in the IACMS daily and forward them to the appropriate division for investigation. 7. Officers are prohibited from going directly to an Assistant District Attorney to be excused from any court appearance. Training Attendance 1. The Training Academy will document unjustified absences and tardiness in the IACMS daily and forward them to the appropriate division for investigation. 2. All other established training policies will remain in effect. REFERENCES 300-002 Court Appearance Charlotte-Mecklenburg Police Department Interactive Directives Guide Interpreting and Translating Services Effective Date I. 900-007 12/23/2011 1 of 3 PURPOSE To establish guidelines, consistent with Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968 for CMPD personnel to follow when providing services to, or interacting with, individuals with Limited English Proficiency and to establish guidelines for the use of interpreters and translators. II. POLICY CMPD will take reasonable steps to provide timely, meaningful access for Limited English Proficient (LEP) individuals to the services and benefits it provides. CMPD personnel will provide language assistance services to LEP individuals whom they encounter or whenever an LEP individual requests language assistance services. CMPD personnel will inform the public that language assistance services are available to LEP individuals. III. IV. DEFINITIONS A. Primary Language: an individual’s native tongue or the language in which an individual most effectively communicates. B. Limited English Proficiency: designates individuals whose primary language is not English and who have a limited ability to read, write, speak or understand English. LEP individuals may be competent in certain types of communication (e.g., speaking or understanding), but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting, but these skills may be insufficient in other situations. C. Interpretation: the act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. D. Translation: the replacement of written text from one language (source language) into an equivalent written text in another language (target language). E. Bilingual: the ability to use two languages proficiently. For CMPD employees this means they have successfully completed the CMPD foreign language testing procedure (administered by the Recruiting Division). F. Vital Document: any document that is used for official law enforcement purposes by CMPD. G. Non-Vital Document: any informational and/or educational document used by CMPD. PROCEDURE A. Public Notification At each CMPD building entry point or lobby, signage shall be posted in the most commonly spoken languages according to the area’s demographics stating that Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-007 Interpreting and Translating Services Effective Date 12/23/2011 2 of 3 interpreters are available to LEP individuals. The CMPD will also maintain translated vital and non-vital documents for LEP individuals. In the case of illiteracy or languages into which written materials have not been translated, such forms and documents will be read to the LEP individuals in their primary language by either a bilingual CMPD employee or an interpreter. B. Certified Bilingual Interpreters To become a certified bilingual interpreter, a CMPD employee must be tested by a certified language testing center and must score at least a “3” on the Oral Proficiency Interview (OPI) scale. A Second Language Pay incentive is available to all nonexempt CMPD employees who meet the above criteria in the Spanish or Asian languages. Pay incentive is also available for certified sign language interpreters. C. Interpreting and Translation Services When considering the need for interpreting services, employees will assess the seriousness of the matter, including the nature of any potential criminal charges and try to ascertain an individual’s primary language to determine available resources in order to facilitate effective communication. The following options will be considered (in order) when deciding on the appropriate course of action. 1. When feasible, employees will use translated documents such as citation information, accident exchange slips, seized evidence, etc. to convey information. 2. If translated materials do not resolve the situation, employees will request the Communications Division contact an on duty bilingual CMPD employee or approved bilingual volunteer to assist. 3. If a CMPD bilingual employee or approved volunteer is not available, with supervisory approval, employees will use the language line of the contracted interpreter service. The Communications Division will contact the service and have the interpreter call the employee. 4. If telephone interpreting is not practical, with supervisory approval, the Communications Division will contact the appropriate interpreting service to respond to the scene to assist with interpreting. 5. Employees are required to use bilingual CMPD employees or approved bilingual volunteers for the translation and transcription of all audio recordings as well as written materials. Any exception where there is a need for the use of a contracted interpreting service requires the prior approval of the employee’s supervisor. 6. Employees will document all necessary information to identify the interpreter used, as well as specific services provided, for court purposes. Charlotte-Mecklenburg Police Department Interactive Directives Guide Interpreting and Translating Services Effective Date 7. D. 900-007 12/23/2011 3 of 3 The Support Captains for Field Services North and South will be the point of contact for questions or problems relating to the contracted service provider. LEP Coordinator The LEP Coordinator will be the Captain over the Community Services and Youth Division and will be responsible for coordinating and implementing all aspects of the CMPD services to LEP individuals. The Research & Planning Division will serve as the liaison between the Department of Justice and the LEP Coordinator. V. REFERENCES 600-026 Interpreting for the Deaf and Hard of Hearing Language Assistance Plan Title VI Civil Rights Act 1964 Omnibus Crime Control and Safe Streets Act 1968 Charlotte-Mecklenburg Police Department Interactive Directives Guide Cardiopulmonary Resuscitation (CPR) Effective Date 03/20/2015 I. 900-008 1 of 2 PURPOSE To provide guidelines for the administration of Cardiopulmonary Resuscitation (CPR) and the storage of the Automated External Defibrillator (AED). II. PROCEDURE A. B. C. All sworn employees who are on-duty or working secondary employment are expected to provide CPR and/or use the Automated External Defibrillator (AED), if available, in accordance with the current American Heart Association guidelines to any person in need. 1. Officers must be currently trained in the use of CPR and the AED (Automated External Defibrillator). 2. Officers will consider officer safety and ensure that the scene is safe before rendering aid to any person. 3. Officers will practice body substance isolation and use a barrier device along with other appropriate personal protective equipment (PPE). Officers are expected to provide CPR using the barrier device and PPE. Officers are permitted to provide CPR to an infant, as defined by the American Heart Association (from birth to one (1) year old), without a barrier device, but should use PPE. 4. Officers will make reasonable efforts to protect the integrity of any crime scene that may exist. Reporting 1. When an officer provides CPR, it will be documented on the officer's confidential supplement to the related incident report, or 2. If there is no related incident report, officers will document providing CPR in the comments section of the call for service. Equipment and Maintenance 1. All sworn employees will be issued a CPR mask after the successful completion of an approved CPR course. 2. Sworn employees will have their issued CPR mask and PPE available for use when on duty or when engaged in secondary employment. 3. Supervisors will inspect CPR masks on a monthly basis to insure that they are in original condition, and have them replaced as necessary. 4. The issued mask is a single use device and will not be used to provide CPR to more than one person. Masks will be replaced by the Property and Evidence Management Division on an as needed basis. Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-008 Cardiopulmonary Resuscitation (CPR) Effective Date 03/20/2015 2 of 2 5. CPR masks and PPE will be disposed of following their use as stated in the CMPD Infectious Disease Control Plan. 6. There will be an AED located in accessible areas in the following CMPD locations: a. b. Central Headquarters Building (1) First floor across from the Property and Evidence Management Window (2) Second floor across from the Crimes against Persons Section (3) Third floor across from the Employee Break Room Police and Fire Training Academy (1) First Floor of the main Academy Building (2) CMPD Firing Range House c. 7. D. III. All thirteen (13) field services divisions Officers assigned to the CMPD Central Headquarters Building will be responsible for running a self-check maintenance on all AEDs in the building once a month. Officers should refer to CMPD Infectious Disease Control Plan for additional information about safe work practices, personal protective equipment, decontamination, and exposure procedures. REFERENCE Infectious Disease Control Plan CHARLOTTE-AECKLWURG Infectious Disease Control Plan Rodney D. Monroe Chief of Police June,2009 I. PURPOSE To provide a safe and healthy work environment for all employees who may be exposed to human blood and other body fluids. This directive is an effort to prevent exposure or decrease potential risk should an exposure occur, identifies and increases awareness of this potential health hazard and provides guidelines and precautions in accordance with applicable laws and policies dealing with infection control as set forth in the Occupational Safety and Health Administration Standard, Title 29, Code of Federal Regulations. Each employee has the responsibility to control exposure and prevent the spread of bloodborne pathogens, and will follow procedures outlined in this directive. Fear of contracting a communicable disease does not free employees from the obligation to perform their duties. II. EXPOSURE DETERMINATION Certain employees of the CMPD are considered to be at risk of exposure to blood and body fluids in the performance of their duties. “At Risk” employees are: all sworn personnel and Animal Care & Control officers; Crime Scene Search, Crime Laboratory and Property & Evidence Management Division personnel; domestic violence counselors and police recruits. III. DEFINITIONS A. Bloodborne pathogens: Pathogenic micro-organisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV). B. Contaminated: The presence, or reasonably anticipated presence, of blood or other potentially infectious material on an item or surface. C. Contaminated sharps: Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires. D. Engineering controls: Sharps disposal containers, self-sheathing needles, etc., that isolate or remove the bloodborne pathogens hazard from the workplace. E. Exposure incident: Specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious material that results from the performance of an employee's duties. F. Parenteral: Piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts or abrasions. G. Other potentially infectious material: The following fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, or any body fluid visibly contaminated with blood and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. H. Occupational exposure: Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. IV. V. I. Personal protective equipment (PPE): Specialized clothing or equipment, provided by the CMPD, and worn by an employee for protection against an occupational exposure. General work clothes (e.g., uniforms, pants, shirts, blouses) are not considered personal protective equipment. J. Regulated waste: Liquid or semi-liquid blood, or other potentially infectious materials, contaminated items that would release blood or other potentially infectious materials, in liquid or semi-liquid state, if compressed; items that are caked with dried blood or other potentially infectious materials, and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. K. Body substance isolation: An approach to infection control. According to the concept of body substance isolation, all human blood and all human body fluids are treated as if known to be infectious for HIV, HBV, HCV or other bloodborne pathogens. L. Work practice controls: Controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two handed technique). M. Exposure Control Officer: A sergeant, or above, who is responsible for the overall management and support of this directive. RECORD KEEPING A. A confidential medical record will be maintained on each "At Risk" employee by the Exposure Control Officer or his designee. B. Each medical record will contain the employee's name, social security number, hepatitis B vaccination record(s), copies of exposure report forms, follow up procedures performed and a copy of the health care professional's written opinion, including the results of source testing. C. All medical records will be maintained in a strict confidential manner for thirty years after an employee's termination, resignation or retirement. D. Access to employee medical records will be restricted to: 1. The employee or his or her designee. 2. The Exposure Control Officer or his or her designee. 3. The Director and Assistant Director of OSHA. SAFE WORK PRACTICES A. The following engineering and work practice controls will be used to eliminate or minimize employee exposure. VI. 1. Eating, drinking, smoking, applying cosmetics, or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure. 2. Food or beverages will be consumed only in a safe designated area. Food and drinks will not be kept on counter tops or bench tops where blood or other potentially infectious body fluids are present. 3. Employees will wash hands as soon as possible after removal of gloves or other PPE. CMPD issued antiseptic hand cleaners will be used if hand washing facilities are not immediately available. However, hands should still be washed as soon as possible. 4. Using a mouth pipette or suctioning of blood or other potentially infectious body fluids by Crime Laboratory personnel is prohibited. 5. Contaminated needles, or other contaminated sharps, will not be bent, recapped, sheared, broken or removed. Immediately, or as soon as possible, contaminated sharps will be placed in containers which are puncture resistant, leak resistant, closeable and properly labeled. These containers will be taken to the Property & Evidence Management Division and disposed of properly or entered as evidence. 6. Biohazard waste, specimens of blood or other potentially infectious body fluids will be turned in to Property & Evidence Management Division. The Property clerk will dispose of these items by placing them in a properly marked biohazard waste container that is leak resistant. If outside contamination of the primary container occurs, the primary container will be placed within a second container that is leak resistant. 7. Broken glass contaminated with blood will not be picked up with the hands. Glass will be picked up by mechanical means such as tongs or forceps. 8. Warning labels will be affixed to containers of regulated waste, and refrigerators/freezers containing blood or other potentially infectious material; and other containers used to store, transport or ship blood or other potentially infectious materials. 9. All procedures involving blood or other potentially infectious materials will be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substance. BODY SUBSTANCE ISOLATION All "At Risk" personnel will practice body substance isolation to prevent contact with human blood or other fluids. A. All "At Risk" personnel will use personal protective equipment (PPE) to prevent exposure to the skin and mucous membranes (eyes, nose, mouth) when contact with blood or other potentially infectious body fluids is anticipated. B. An employee's open wounds/sores will be covered with an appropriate fluid resistant bandage. VII. PERSONAL PROTECTIVE EQUIPMENT All "At Risk" personnel will utilize PPE to assist in the prevention of occupational exposures. PPE will be issued, by the CMPD, to each "At Risk" employee, and will be replaced as necessary, by the Property & Evidence Management Division. A. VIII. Gloves will be worn when it can be reasonably anticipated that contact with blood or body fluids may occur. 1. Disposable (single use) gloves will be replaced as soon as practical when contaminated, torn, punctured, or when they no longer provide protection. 2. Utility gloves (janitorial/industrial rubber cleaning gloves) may be reused if decontaminated and the integrity of the gloves is not compromised. The gloves should be discarded if cracked, torn, peeling, punctured, or if they no longer provide protection. B. Masks and eye protection will be worn whenever splashes, sprays, or droplets of blood, or other body fluids may be generated and eye, nose or mouth contamination can be reasonably anticipated. Masks will be disposed of as soon as possible when contaminated with blood or body fluids as provided in Section VII.F. C. Gowns, aprons, lab coats and body suits will be worn whenever contact with blood or body fluids are reasonably anticipated. 1. Gowns, aprons, and body suits will be properly destroyed when contaminated with blood or body fluids. 2. Lab coats will be laundered when contaminated with blood or body fluids. D. Disinfectant gels will be provided and used for field decontamination. E. If a garment is penetrated by blood or body fluids, it must be removed as soon as possible. The garment will be placed in a leak resistant biohazard bag and transported to the Property & Evidence Management Division to be replaced. F. PPE will be removed prior to leaving the work area. All contaminated disposable PPE will be placed in a biohazard bag and transported to the Property & Evidence Management Division for disposal. G. "At Risk" employees will have a sufficient quantity of PPE with them to satisfy their daily needs, while on-duty or working off-duty. DECONTAMINATION AND CLEANING PROCEDURES A. Surfaces such a counter tops, floors, walls, etc., will be cleaned with an appropriate cleanser (for example: 1:100 bleach/water, 1/4 cup bleach per one gallon water), as soon as possible after contamination. B. Non-sensitive equipment will be cleaned with an appropriate cleaner such as 1:100 bleach/water (1/4 cup bleach per one gallon water). IX. C. Sensitive equipment (radios, service weapons, etc.) will be cleaned with isopropyl alcohol and allowed to dry. Weapons will be lubricated as soon as the isopropyl alcohol dries. D. When decontamination requires the weapon to be dismantled it must be taken to the Range Master for cleaning. If the range is closed, the employee's supervisor will authorize a loaner weapon from the Property & Evidence Management Division. The contaminated weapon will be left with Property & Evidence Management Division personnel in a red biohazard bag for the range staff to pick up. The officer involved will contact the Range Master the next business day and advise him or her of the situation. E. Vehicles contaminated with blood or body fluids will be taken out of service until they can be properly cleaned at an approved vehicle cleaning center. 1. The shift supervisor is responsible for taking the vehicle out of service and ensuring that it is transported for cleaning. The officer transporting the vehicle will wear the appropriate PPE to avoid contamination and will inform the vehicle cleaning service of the contaminated areas of the vehicle. 2. The contamination date, the cleaning date, and the transporting officer's code number will be noted in the vehicle's log book. F. Contaminated uniforms will be placed in biohazard bags and transported to the Property & Evidence Management Division for replacement. G. Laboratory equipment routinely exposed to blood or body fluids will be cleaned whenever contaminated and according to a written schedule. The schedule will be developed and maintained in the Crime Laboratory. H. The Property & Evidence Management Division will maintain bleach and water to be mixed for cleaning needs. (Mixture should not be older than 24 hours). Any additional approved cleansers will be available through the Property & Evidence Management Division. CONTAMINATED WASTE AND PROPERTY A. Sharps containers and bags are provided and used for contaminated property or waste. The containers and bags are marked and color coded with biohazard warnings. B. Evidence and/or found property must be packaged in the appropriate biohazard container, and then packaged according to Property & Evidence Management Division guidelines. The exterior of the package should be marked with the biohazard symbol and the word, “Biohazard”. The markings can be stickers provided by the Property & Evidence Management Division, or printed on the container or package. C. All contaminated materials to be destroyed will be properly packaged and taken to the Property & Evidence Management Division, where it will be placed in a biohazard container for destruction. D. Contaminated items that are wet will be placed in bags or containers that prevent leakage during transportation or storage. X. E. Any and all items contaminated with blood or body fluids will be properly packaged to prevent injury, leakage or contamination. All contaminated items will be submitted to the Property & Evidence Management Division for storage or destruction, unless being utilized in the Crime Laboratory. F. "At Risk" employees should have a sufficient supply of biohazard bags and sharps containers for their use while on duty, or working secondary employment. BLOODBORNE CLEAN-UP AT CRIME SCENES A. When an employee is involved in a use of force that causes a significant blood spill, a supervisor will contact a CMPD Exposure Control Officer. The Exposure Control Officer will evaluate the scene and contact the appropriate company for clean-up after the crime scene processing is complete, and the scene is going to be released. B. For all other crime scenes with significant blood spill, the supervisor in charge will: 1. 2. Make the property owner aware of the situation and provide the property owner with a list of private companies that provide clean-up resources, whenever the blood spill is on private property. Employees will not make contact with any company on the clean-up resources list on behalf of the property owner/manager. The costs associated with the clean-up will be the responsibility of the property owner/manager. Contact a CMPD Exposure Control Officer if the spill poses an immediate risk to the public. a. Updated copies of the clean-up resources list will be maintained by the Exposure Control Officers and updated copies kept in the Watch Commander’s Office and the Communications Division. b. The Exposure Control Officers will distribute a copy of the clean-up resources list is to all sergeants each time the list is updated. Whenever the blood spill is on public property, such as a street or sidewalk, have the Charlotte Fire Department (CFD) dispatched to the scene (inside the City of Charlotte only) when the scene is ready to be released. CFD will clean and decontaminate the property, if the size of the blood spill is within CFD guidelines. If CFD determines the area is larger than they are capable of cleaning and decontaminating, the CMPD supervisor will contact the designated CMPD Exposure Control Officer. NOTE: Whenever a significant blood spill is located on public property outside the City of Charlotte, the supervisor in charge will contact the designated CMPD Exposure Control Officer. XI. HEPATITIS B VACCINE A. Employees who have occupational exposure will be provided a hepatitis B vaccine, post exposure evaluation, and follow up procedures at no cost. B. The vaccine series will be made available to employees within ten days of assignment and after receiving training about the vaccine. XII. C. Future boosters will be provided at no cost when required by the U.S. Public Health Service. D. A hepatitis B pre-screening program will not be a prerequisite for receiving the vaccination. E. An employee who initially declines to accept the vaccination will be allowed to receive at a later date, at no cost. F. Employees who decline to accept the vaccination will be required to sign a declination waiver. G. Employees who have received the vaccine prior to employment with the CMPD will provide appropriate documentation of that vaccination. EXPOSURE EVALUATION Any exposure, or possible exposure, to blood or body fluids, within an employee's scope of employment, will be treated as a job related injury and reported to the employee's immediate supervisor as soon as possible. XIII. A. The supervisor will make the initial determination if an exposure, or possible exposure, has occurred, based on information from the employee and the source of the exposure. B. If an exposure incident has occurred, the supervisor will: 1. Contact the Exposure Control Officer. 2. Follow the guidelines set forth in this directive, and the recommendations of the Exposure Control Officer. 3. Ensure that a copy of the injury report is delivered to the Human Resources Division by 0800 the next business day. 4. Inform the employee to report to the Human Resources Division by 0800 the next business day. POST EXPOSURE EVALUATION AND FOLLOW-UP PROCEDURE A. An employee who has had an exposure incident as defined by this directive will: 1. Immediately, or as soon as possible, wash the affected area with the supplied disinfectant hand wipe. Then, wash/flush the affected area with soap and warm water. 2. For eyes, nose or mouth exposure, flush the area with water for a minimum of fifteen (15) minutes. 3. For needle sticks, cuts, or any cutting or puncture wound, scrub the area with soap and water for a minimum of five (5) minutes. Seek medical attention if the cut or puncture wound is serious. 4. B. In the event of a possible exposure incident to an employee, the supervisor will: 1. Determine whether the employee needs medical attention, and if so, seek the appropriate medical care for the employee. 2. Ensure that the employee has decontaminated himself or herself as outlined in Section XIII of this directive. 3. Interview the possible source of the exposure to determine the possibility of the source being a carrier of an infectious disease. Follow the steps outlined below, depending upon the results of the initial investigation. 4. When a source of possible exposure is cooperative in giving his/her blood for testing and is not in custody, the supervisor will: a. Notify the Exposure Control Officer. b. Obtain written consent from the source for testing and release of results on the Blood Testing and Medical Record Release form. c. Transport the source for testing to Airport Reference Laboratory, 5040 Airport Center Pkwy., Mon-Fri 0800-1700. At all other times, the source will be taken to Presbyterian Hospital Laboratory, second floor) 5. When source of possible exposure is in custody and is cooperative in giving his or her blood for testing, the supervisor will notify the Exposure Control Officer, who will respond to the jail to obtain a blood sample from the source. 6. When a source of possible exposure is in custody and uncooperative in giving his or her blood for testing, the supervisor will: 7. C. Notify a supervisor immediately after following steps 1 – 3, above. a. Notify the Exposure Control Officer immediately; and b. Ensure that the exposed employee appears before the magistrate, prior to the source appearing before the magistrate, to request a twenty-four (24) hour hold, with out bond, on the source in order for possible testing. When a source of possible exposure is not in custody and is uncooperative in giving his or her blood for testing, the supervisor will: a. Notify the Exposure Control Officer immediately; and b. Attempt to obtain written consent for testing and release of test results on the Blood Testing and Medical Record Release Form. If the possible source of exposure has been arrested and does not consent to testing, the exposed employee must present evidence concerning the occupational exposure to a magistrate. The magistrate will consider the following factors in deciding if there is probable cause to hold the subject for investigation and possible testing, under the provisions of N.C.G.S. 15A-534.3: D. 1. The nature of the exposure to disease. For example, provide an explanation of how the employee was exposed. 2. Circumstances concerning the subject's background indicating that he or she may be at risk for being a carrier of HBV, HCV, HIV, AIDS, or any other infectious disease. If the magistrate determines that there is probable cause to hold an arrested source, for up to twenty-four (24) hours without bond, for investigation and testing, the magistrate will call a designated representative from the County Health Department. The representative will conduct an investigation that includes contacting the source and the officer about the circumstances surrounding the possible exposure, within twenty-four (24) hours. If the circumstances surrounding the exposure and the source's risk for being a carrier of either HBV, HCV, AIDS or other infectious disease are present, the source will be ordered to have blood drawn for testing. If the source does not comply with the order of the Health Department to submit to testing, the Health Department representative will seek a court order from a district or superior court judge through the magistrates at the Intake Center. 1. If the court issues an order for testing of an arrested source, the jail nurse will draw blood from the source. 2. The police supervisor will take custody of the blood and take it to the appropriate facility for testing. E. All sources of exposure who are in custody and in need of medical attention, will be taken to Presbyterian Hospital for treatment; unless, the subject needs trauma care, or Medic determines it is necessary to transport the source elsewhere. The supervisor of the exposed employee will notify the emergency room personnel and contact the Laboratory Supervisor at Presbyterian Hospital. If the source is transported elsewhere, a physician will be contacted at the receiving facility, and a blood sample will be requested. F. When the source is deceased, the supervisor will contact the Medical Examiner's Office and request a blood sample from the source. A supervisor will be contacted to take custody of the blood and take it to the appropriate facility for testing. If the death is not a Medical Examiner case the Exposure Control Officer will be immediately contacted. G. All exposures, or potential exposures, will be documented on the Exposure Report Form and the Supervisor's Investigative Package for employee injury. 1. Copies of reports will be routed as follows: a. Originals through the employee's chain of command to Internal Affairs. b. One copy to the Exposure Control Officer. c. One copy to the Human Resources Division. XIV. All copies are to be kept confidential. 3. The original Blood Testing and Medical Record Release form will be provided to the testing facility. A copy of the form will also be included in the Supervisor's Investigative Package. EXPOSURE TO TUBERCULOSIS A. B. XV. 2. If an employee is required to serve a Health Department warrant for tuberculosis treatment, or transports a known tuberculosis patient, the officer will: 1. Notify his or her immediate supervisor. 2. Transport the subject with the vehicle's windows open, the air conditioning off, and the fan in the non-re-circulate mode. 3. Employees exposed to known tuberculosis carriers will be tested for tuberculosis at OCCMED@COS, 1915 Randolph Rd., Charlotte, NC. An appointment will be made by the Human Resources Division. If an employee is exposed to tuberculosis as described above, the employee's supervisor will: 1. Notify the Exposure Control Officer. 2. Complete the Exposure Report Form and a Supervisor's Investigative Packet for Employee Injury, and follow the same routing procedure as for blood exposures. POST EXPOSURE MEDICAL EVALUATION AND FOLLOW-UP A. A confidential medical evaluation and follow-up will be made available to an employee in the event of an exposure incident. B. OCCMED@COS, 1915 Randolph Rd., Charlotte, NC, will conduct all post exposure evaluations. C. A physician with OCCMED@COS will inform the employee of the test results from the source. D. The employee's blood will be drawn and tested, after consent is given. E. 1. If the employee consents to baseline blood collection, but does not consent to HIV testing, the sample will be preserved for 90 days. 2. If within 90 days the employee consents to HIV testing, the sample will be tested. The physician will provide the CMPD and the employee with a written copy of his or her evaluation and follow-up, which will contain only the following. 1. A confirmation that the employee has been informed of the results of the evaluation. 2. F. XVI. A confirmation that the employee has been informed of any medical conditions that will require further evaluation and/or treatment. Medical follow-up will include: 1. Counseling 2. Medical evaluation of any reported illness after exposure. DISCLOSURE OF CONFIDENTIAL MEDICAL INFORMATION In accordance with N.C.G.S. 130A-143, all information and records that identify a person who is infected with HIV/AIDS or who has, or may have, a disease or condition outlined in this directive will be strictly confidential. XVII. REFERENCES Occupational Safety and Health Administration Standard, Title 29, Code of Federal Regulations CFD/CMPD Biological Waste Clean-Up Memorandum of Understanding N.C.G.S. 130A-143 N.C.G.S. 15A-534.3 CALEA Charlotte-Mecklenburg Police Department Shotgun Inventory Interactive Directives Guide Effective Date 11/07/2008 I. 900-010 1 of 2 PURPOSE To provide patrol divisions with a procedure for the issuance, inventory control, and maintenance of shotguns. II. III. IV. POLICY A. Each patrol division will maintain a specially designated locker to secure all shotguns. B. A shotgun will be removed from the locker when a marked police vehicle is placed in service. C. Any time that a police vehicle is not in service, the shotgun will be removed and placed in the designated shotgun locker. D. At no time will a shotgun be left in a police vehicle that is not being actively run on a shift. PROCEDURE A. A division will determine the number of shotguns needed for the division by determining the largest number of line officers, on-duty, on any given date. An additional four shotguns will be included for supervisors. B. The serial number of each shotgun must be entered into the vehicle logbook at the beginning of each shift. C. Officers must determine if the vehicle they are operating will run on the next shift. If the vehicle will not be used, that officer is responsible for removing the shotgun and securing it in the designated shotgun locker at the end of his/her shift. D. The shotgun must be removed and placed in the designated shotgun locker prior to a vehicle being left for maintenance, repair, etc. at a location such as the garage, radio shop, etc. The shotgun does not have to be removed if the officer waits on-site for the maintenance to be completed. INVENTORY CONTROL Each division will appoint a shotgun control officer. The shotgun control officer will maintain a written inventory of all shotguns assigned to the patrol division. A. The shotgun control officer will ensure that shotguns are kept clean and in good working condition. B. Once a year, the shotgun control officer will coordinate with the range staff for the cleaning and test firing of division shotguns. Charlotte-Mecklenburg Police Department Shotgun Inventory Interactive Directives Guide Effective Date 11/07/2008 V. 900-010 2 of 2 C. The shotgun control officer must immediately notify his/her chain-of-command of any shotgun missing from the inventory. D. In the event a shotgun is determined to be missing, the shotgun control officer must contact his/her sergeant to determine if a lost or stolen equipment investigation should be initiated. REFERENCES 400-002 Firearms 600-001 Departmental Vehicles Charlotte-Mecklenburg Police Department Clandestine Drug Laboratories Interactive Directives Guide Effective Date 03/12/2010 I. 900-012 1 of 3 PURPOSE To establish guidelines to enhance the safety and awareness level of officers who respond to clandestine laboratories and to establish a protocol to be followed if a clandestine drug laboratory is encountered. II. DISCUSSION A clandestine drug laboratory is a very dangerous and volatile environment that can pose substantial health risks and can even cause death. Volatile organic compounds, explosives, metals, solvents, and salts are commonly found in such a laboratory. The manufacturing of controlled substances in a clandestine drug laboratory creates the potential for explosions, chemical fires, and the release of toxic gases. III. IV. DEFINITIONS A. Clandestine drug laboratory (clan lab): A laboratory used for the primary purpose of illegally manufacturing controlled substances. A clandestine drug lab is typically small in size and utilizes common household appliances, glassware, and readily available chemicals. Such a lab may be found in a variety of locations, such as homes, apartments, hotels, kitchens, bathrooms, garages and other outbuildings, miniwarehouses, and recreational vehicles. In addition, such a lab may contain sophisticated surveillance equipment and/or “booby traps” to prevent law enforcement from gaining access to the lab and to facilitate the destruction of evidence. B. Clandestine Enforcement Response Team (CERT): A team consisting of personnel from the State Bureau of Investigation (SBI), Drug Enforcement Administration (DEA), and CMPD that have successfully completed the DEA Clandestine Laboratory Safety Certification School and are, therefore, certified to enter, process and clean-up a clandestine drug laboratory site. C. HAZMAT Response Team: A team of experts or specialists in the area of hazardous waste disposal and/or industrial hygiene whose function is to remove/dispose of hazardous waste associated with a clandestine drug laboratory. PROCEDURES A. Clandestine Drug Laboratory An officer who discovers a clandestine drug lab is designated as the first on scene officer. A clandestine drug lab should be treated as a hazardous environment immediately upon discovery and the scene should be secured. It is the responsibility of the first on scene officer to protect themselves and others who may be in danger. The first on scene officer will observe and adhere to the following procedures: 1. Immediately notify the shift supervisor. 2. Never attempt to enter a known clandestine drug lab. If an officer becomes aware that he/she has entered a lab, he/she should evacuate all persons from Charlotte-Mecklenburg Police Department 900-012 Clandestine Drug Laboratories Interactive Directives Guide Effective Date 03/12/2010 2 of 3 the lab, with or without their consent, for their safety and for investigative purposes. 3. Avoid turning on or off any light switches, electrical appliances or other electrical devices and avoid touching or smelling any lab equipment or chemicals. 4. Evacuate everyone from the vicinity of the lab site, in an upwind direction (i.e., neighboring houses, adjacent apartments, or motel/hotel rooms). 5. Administer first aid as needed. 6. Notify the Communications Division to contact the Charlotte Fire Department (CFD) HAZMAT Response Team so that they can respond and test the quality and safety of the outside air around the lab site, in order to determine a safe distance and area for evacuation. 7. Secure the area as a crime scene at the distance the CFD HAZMAT Response Team determines to be safe and prohibit others from entering that area. 8. Minimize exposure to themselves and others. 9. Prohibit smoking around or near the lab site. 10. Notify the Communications Division to contact the Clandestine Enforcement Response Team (CERT). a. The Communications Division will maintain a current list of CMPD members of the team. b. On-duty CMPD officers will be requested to respond by their direct supervisors, while off-duty officers will be requested to respond by their direct supervisors or the Watch Commander. c. CERT will be responsible for notifying other agencies that may be needed to process the lab. 11. Upon arrival at the lab site, CERT will assume control of the scene and will maintain control until the site is processed and rendered safe. All personnel, other than CERT members, will be prohibited from entering the lab site. 12. CERT and/or the HAZMAT Response Team will dispose of all hazardous materials and/or chemicals removed from the lab site. Hazardous materials and/or chemicals will not be brought to CMPD Central Headquarters for storage. Charlotte-Mecklenburg Police Department Clandestine Drug Laboratories Interactive Directives Guide Effective Date 03/12/2010 B. 900-012 3 of 3 Vehicle Stops A vehicle stop may develop into a clandestine drug lab situation during the stop or search of the vehicle. An officer who suspects that he/she has encountered a clandestine drug lab or hazardous chemicals should proceed as follows: C. D. 1. Immediately remove the occupants of the vehicle, and secure them in an upwind direction. The officer should avoid securing occupants inside the patrol vehicle. 2. The officer should then follow the procedures set forth in section IV.A. 3. No attempt should be made to move the vehicle containing the suspected lab. Reporting Procedures 1. The first on scene officer will brief the responding supervisor and the responding members of CERT upon their arrival. 2. The first on scene officer will document the preliminary investigation on an Incident Report in the Records Management System by selecting the offense category, Drug/Clandestine Drug Lab Investigation. Supervisor’s Role Upon receiving notification that a clandestine drug lab has been discovered, the supervisor will: V. 1. Immediately respond to the scene. 2. Ensure that the scene has been properly evacuated and secured. 3. Verify through the Communications Division that members of CERT have been notified and are responding. 4. Complete a Supervisor’s Investigative Report to document any exposures that officer(s) may have received from chemicals or chemical fumes produced at the lab. REFERENCES CALEA Charlotte-Mecklenburg Police Department Interactive Directives Guide District Attorney’s Papering Process Effective Date 07/21/2014 I. 900-013 1 of 3 PURPOSE To establish Charlotte-Mecklenburg Police Department policy concerning the preparation and presentation of felony cases to the District Attorney’s Office for prosecutorial consideration in conjunction with the open discovery statutes. II. POLICY It is the policy of CMPD that all felony cases, in which an arrest has been made, shall be presented to the District Attorney’s Office for review. Officers shall preserve and make available to the District Attorney’s office on a timely basis all material and information acquired in the course of felony investigations including the law enforcement file. All officers shall fulfill their continuing affirmative duty to make this information available to the District Attorney’s office throughout the investigation and prosecution of the case. III. IV. DEFINITIONS A. Law Enforcement File: Includes defendant statements, codefendant statements, witness statements, investigating officers’ notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. Oral statements must be in written or recorded form. B. Case Papering: The process of presenting the facts and evidence of an arrest to the District Attorney’s Office for review. The purpose of the review is to determine if the case merits prosecution. C. Papering Packet: The collection of documents that represent the findings of an investigation or facts and evidence of an arrest, including the law enforcement file and any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. D. Officer in Charge (OIC): The OIC is identified as the assigned officer/detective in the KBCOPS report. The OIC is responsible for ensuring the papering packet is presented to the District Attorney’s Office for review. E. Ex Parte Motion and Order: A motion filed by the District Attorney seeking an order from the court that investigative material not be released to the defendant. The basis for the District Attorney’s motion includes, but is not limited to, the existence of a substantial risk to any person or physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment. PROCEDURE A. Preservation of Information 1. Officers shall save and maintain all information relating to a felony case, including, but not limited to, handwritten notes, emails and correspondence. Charlotte-Mecklenburg Police Department District Attorney’s Papering Process Interactive Directives Guide Effective Date 07/21/2014 B. C. 900-013 2 of 3 2. Officers are specifically prohibited from destroying any notes regarding a felony offense or case. 3. The OIC of the case shall gather and preserve all information regarding the felony offense. This includes, but is not limited to, electronically recorded or written statements, notes, diagrams from officers, detectives, CSS tech’s, victims, and witnesses, 911 tapes, photographs, lab results, calls for service, Miscellaneous Incident reports, APB information, e-mails, DMVR, etc. 4. Officers or Detectives shall provide the OIC all original copies of any handwritten notes as soon as possible and shall maintain a copy of said notes. Presentation of Papering Packets 1. In cases where patrol officers, specialized units and detectives are working together on a case, it is imperative all parties communicate with each other to establish who will present each particular case to the District Attorney’s Office. 2. Papering packets will be presented to the District Attorney’s Office within 14 calendar days of the date of arrest. Failure to paper the case within 14 calendar days may jeopardize the case and/or result in a dismissal. The District Attorney Liaison Sergeant will contact the OIC’s Chain of Command when the case is not papered in a timely manner. 3. Requests for further or additional follow-up work by the District Attorney’s Office will be completed no later than 20 calendar days from the date the case was papered. The reviewing supervisor will ensure all further work-up is submitted within 20 calendar days. Exceptions to this policy are lab reports and transcripts which will be forwarded as soon as completed. 4. Officers/Detectives completing further or additional follow-up work on a case will route the additional paperwork back to the reviewing Assistant District Attorney. 5. Cases lacking essential documentation may be rejected by the District Attorney’s Office until proper documentation is obtained. 6. Exceptions to time restrictions in presenting completed papering packets to the District Attorney’s Office are only authorized by prosecution unit supervisors or the District Attorney Liaison Sergeant if sufficient facts merit delays. 7. Officers/Detectives have the option of scheduling appointments with the proper prosecution unit of the District Attorney’s Office when multiple or complex cases are going to be presented for review. This will reduce the waiting period for Officer/Detective during normal papering days and hours. Appealing Rejected Papering Packets Charlotte-Mecklenburg Police Department Interactive Directives Guide District Attorney’s Papering Process Effective Date 07/21/2014 D. V. 900-013 3 of 3 1. The officer/detective will take the case to the supervisor who reviewed the case and explain why the Assistant District Attorney rejected the case for prosecution. 2. If the supervisor disagrees with the Assistant District Attorney’s decision, the supervisor may contact the District Attorney Liaison Sergeant to coordinate a meeting between the District Attorney Unit supervisor, the officer/detective’s sergeant and the officer/detective in charge of the case. Misdemeanor and Government/ School Employee Case Papering 1. An administrative order by the Chief District Court Judge mandates that all misdemeanor complaints against an officer, employee of the city, county, state, or federal government, who at the time of the incident giving rise to the complaint was discharging or attempting to discharge their official duties, will be investigated by the CMPD and papered with the District Attorney’s Office prior to the issuance of a warrant. 2. Officers must obtain written approval from the District Attorney’s Office before seeking a warrant or criminal summons from the magistrate for offenses against school employees, as defined in N.C.G.S. 14-33(c)(6), while discharging their duties. This requirement does not apply to traffic offenses, offenses that occur in the officer’s presence or to offenses involving actions by school employees outside the performance of their duties. (N.C.G.S. 15A-301) REFERENCES G.S. 15A-501 G.S. 15A- 902 et seq. N.C.G.S. 15A-301 N.C.G.S. 14-33(c)(6) Charlotte-Mecklenburg Police Department Interactive Directives Guide Development of Departmental Forms Effective Date 10/08/2015 I. 900-014 1 of 1 PURPOSE This policy establishes a procedure for creating and approving standardized forms for use by the Charlotte-Mecklenburg Police Department (CMPD). II. POLICY All forms must be written using the standard format available from the Research and Planning Division (R&P). All forms must reflect CMPD’s values and philosophy of policing when written, and will be promptly updated whenever a policy, program, and/or procedure change occurs that makes the current form obsolete. No forms will be used in an official capacity within CMPD that are not approved by the R&P Division. III. IV. PROCEDURE A. When an individual or group of CMPD employees identifies a need to create, update, or convert a standardized departmental form they will present the idea to their supervisor or unit manager. B. If there is concurrence as to the need, the employee will submit the form request to the R&P Division. The submitting employee is responsible for assisting with collection of information for the creation of the new form or editing of an existing form that impacts their respective Division/Unit according to the approved format. C. Once all required information is collected, the final version of the form will be completed by the R&P Division. D. Upon approval by the Chief of Police or designee, the R&P Division will note the approval date on the form and place the form on the CMPD Portal under the heading of “CMPD Forms”. All previous versions of the form will then become obsolete and will not be used. E. The R&P Division, in coordination with the affected Division/Unit, will review the content and/or need for a particular form at least every three (3) years. The R&P Division will determine criteria and approve or deny any deletion or edits to electronic forms or discontinuation of current forms. F. Whenever a form is updated on the CMPD Portal, the R&P Division will note in the “Announcements” section of the CMPD Portal that there is a revised form. REFERENCES CALEA Charlotte-Mecklenburg Police Department Dignitary Protective Operations Interactive Directives Guide Effective Date 09/17/2004 I. 900-017 1 of 3 PURPOSE When called upon to provide dignitary protection, the Charlotte-Mecklenburg Police Department will formulate and implement a written plan for traffic management, crowd control, and coordination with other agencies. II. POLICY At the direction of the Chief of Police or designee, the Incident Command System will be utilized in the planning and assignment of specific duties relating to dignitary security. Incident Command will be determined by the size and scope of the dignitary visit and the number of officers needed to effectively staff the assigned posts. III. IV. DEFINITIONS A. Dignitary: Officials receiving federal government protection, visiting foreign dignitaries, heads of state, or others designated by the Chief of Police or designee as “dignitaries requiring protection”. B. Incident Commander: The Incident Commander is the person in overall control of the incident. The Incident Commander coordinates and manages the incident consistent with the threat level and in accordance with the Incident Command System. PROCEDURE A. Coordination with outside agencies When the Department is called upon to provide security for visits by government officials of the United States or foreign countries, the Incident Commander or designee will coordinate security with outside resources to define security activities such as the date, time and place of arrival; motorcade routes; site security; and possible demonstrations, protests, threats and related activities. B. Designation of Travel Routes 1. The Incident Commander or designee will plan travel routes and alternate routes to determine points requiring traffic and pedestrian control or security precautions and to identify emergency first aid, ambulance and medical facilities. 2. Routes will be planned based on safety, traffic and expediency. This information will be recorded on a situation map and attached to the written Plan of Action. 3. The use of emergency equipment for the purpose of facilitating dignitary motorcades is prohibited except for Presidential and Vice Presidential visits, Charlotte-Mecklenburg Police Department 900-017 Dignitary Protective Operations Interactive Directives Guide Effective Date 09/17/2004 2 of 3 protection of dignitaries from an imminent threat to life or serious bodily harm, or other motorcades approved by the Chief of Police. C. Inspection of Sites and Facilities The Incident Commander or designee will make an advanced inspection of sites and facilities to be used during the visit to determine points requiring traffic and pedestrian control or security precautions. D. Determination of Personnel, Equipment and Logistical Needs The Incident Commander or designee will: 1. Determine the personnel and equipment needed to handle the visit. This will include uniform of the day, equipment required to be carried by the officer (rain gear, protective vests, hats, etc.), number and type of vehicles needed and any specialized units or weapons required for the assignment. 2. Make the appropriate supervisory and field assignments. 3. Coordinate and ensure that arrangements are made for logistical support, including the procurement, distribution, maintenance and replacement of material and personnel as the visit may require. 4. Identify personnel responsible for contacting criminal intelligence for gathering information necessary for the visit. NOTE: The provisioning of any special vehicles or equipment for the dignitary will be the responsibility of the controlling agency or dignitary’s staff. The CMPD will not provide equipment for any personnel outside our department. E. F. Identification of Officers 1. All officers assisting with a dignitary protective operation will wear the uniform of the day. 2. If the use of plainclothes officers is required, these officers will wear a unique lapel pin issued by the Department or the protecting agency. Communications All personnel assigned to dignitary security will have radios available and will monitor radio transmissions during the event. The Incident Commander or designee, in coordination with the Communications Supervisor, will designate the appropriate radio talk group to be used during the event and will ensure that all assigned personnel are informed. Charlotte-Mecklenburg Police Department Dignitary Protective Operations Interactive Directives Guide Effective Date 09/17/2004 G. 900-017 3 of 3 Emergency Medical Assistance The Incident Commander or designee will coordinate and ensure that appropriate medical assistance is available for immediate response. The Mecklenburg County EMS will be available for immediate medical assistance and transport to the appropriate medical facility. H. Briefing of Assigned Personnel The Incident Commander or designee will conduct a briefing of all assigned personnel concerning the dignitary’s visit and each individual’s responsibilities. I. Preparation of a Plan of Action The Incident Commander or designee will develop a written Plan of Action for each incident of dignitary security. J. Preparation of an After Action Report The Incident Commander or designee will develop a written After Action Report for each incident of dignitary security. V. REFERENCES National Emergency Management System. Washington, D.C.: U.S. Department of Homeland Security, 2004. CALEA Charlotte-Mecklenburg Police Department Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 I. 900-018 1 of 10 PURPOSE This directive establishes guidelines for the investigation of incidents involving juvenile victims or suspects in accordance with North Carolina state law while utilizing available community based resources. II. POLICY CMPD will endeavor to protect the public from acts of juvenile delinquency and to deter juvenile delinquency. CMPD will coordinate with other human services agencies that provide services to juveniles in the community. III. DEFINITIONS A. Juvenile: A person who has not reached his /her eighteenth (18) birthday and is not married, emancipated, or a member of the armed forces of the United States. B. Neglected Juvenile: A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker, including, but not limited to the following: 1. Who has been abandoned. 2. Who is not provided necessary medical care. 3. Who is not provided necessary remedial care. 4. Who lives in an environment injurious to the juvenile's welfare. 5. Who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home. C. Abused Juvenile: Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker: 1. Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means. 2. Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means. 3. Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior. 4. Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first-degree rape1 ; rape of a child by an adult offender2 ; second degree rape3 ; first-degree sexual offense4 ; sexual Charlotte-Mecklenburg Police Department 900-018 Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 2 of 10 offense with a child by an adult offender5 ; second degree sexual offense6 ; sexual act by a custodian7 ; crime against nature8 ; incest9 ; preparation of obscene photographs, slides, or motion pictures of the juvenile10 ; employing or permitting the juvenile to assist in a violation of the obscenity laws11 ; dissemination of obscene material to the juvenile12,13 ; displaying or disseminating material harmful to the juvenile14,15 ; first and second degree sexual exploitation of the juvenile16,17 ; promoting the prostitution of the juvenile18 . 5. Creates or allows to be created serious emotional damage to the juvenile. Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others. 6. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile. 7. Officers who have cause to suspect that any juvenile is abused, neglected, or dependent shall report the case of that juvenile to the Department of Social Services. D. Delinquent Juvenile: Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile19. E. Undisciplined Juvenile: 1. 2. F. A juvenile who, while less than 16 years of age but at least 6 years of age, who has been: a. Unlawfully absent from school. b. Regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian. c. Regularly found in places where it is unlawful for a juvenile to be. d. A run away from home for a period of more than 24 hours. A juvenile who is 16 or 17 years of age and who has been: a. Regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian. b. Regularly found in places where it is unlawful for a juvenile to be. c. A run away from home for a period of more than 24 hours. Dependent Juvenile: A juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or Charlotte-Mecklenburg Police Department 900-018 Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 3 of 10 supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement. IV. G. Secure Custody Order (SCO): Custody order that directs law enforcement officers or other authorized persons to assume custody of the juvenile and to make due return on the order. A juvenile petition must accompany the SCO20 . H. Non-testimonial Identification Orders (NTO): Identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hairs, or other reasonable physical examination, handwriting exemplars, voice samples, photographs and lineups or similar identification procedures requiring the presence of the juvenile. I. Juvenile Petition: Document filed by the Juvenile Court Counselor (JCC) in the office of the Clerk of Superior Court initiating a juvenile court proceeding. The arresting officer must provide a copy of the juvenile arrest worksheet when seeking a juvenile petition. J. Juvenile Court Counselor (JCC): A Department of Juvenile Justice and Delinquency Prevention (DJJDP) employee responsible for intake services, probation and postsupervision of juveniles. PROCEDURE A. Taking a juvenile into temporary custody 1. B. Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for secure or non-secure custody can be obtained. A juvenile may be taken into temporary custody without a court order in the following circumstances: a. If grounds exist for the arrest of an adult in identical circumstances under N.C.G.S. 15A-401(b); b. If there are reasonable grounds to believe the juvenile is undisciplined; or c. If there are reasonable grounds to believe the juvenile is an absconder from any residential facility operated by The North Carolina Department of Juvenile Justice and Delinquency Prevention (DJJDP) or from an approved detention facility. d. If there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order. Duties after taking a juvenile into temporary custody without a court order. Charlotte-Mecklenburg Police Department Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 1. 2. C. 900-018 4 of 10 Officers must notify the juvenile’s parent, guardian, or custodian that the juvenile has been taken into temporary custody and of their right to be present until a determination is made on secure or non-secure custody. a. Officers may release the juvenile to his/her parent, guardian, or custodian if they decide continued custody is unnecessary. If the juvenile is unlawfully absent from school, the officer may deliver the juvenile to the juvenile’s school. b. Officers may complete a juvenile arrest worksheet and seek a petition. c. Officers may complete a juvenile arrest worksheet, seek a petition, and request a secure custody order be issued. d. A juvenile who is taken into temporary custody shall not be held for more than twelve (12) hours Monday through Friday or twenty-four (24) hours if any of the hours fall on Saturday, Sunday, or a legal holiday, unless a petition or motion for review has been filed by an intake counselor and an order for secure or non-secure custody has been entered. Officers should select the most appropriate course of action to the situation and take into account the needs of the juvenile and the protection of the public. Juvenile Arrest Procedures 1. Making an on scene arrest. a. The officer shall make a decision to release the juvenile to a parent, guardian, custodian or caretaker, or to obtain a secure custody order (SCO). Factors: The officer should consider the severity of the crime (i.e., violent felonies, the juvenile’s behavior and known history of the subject). b. The officer will contact DCI to determine if a SCO is on file and if the juvenile has an NCIC hit (i.e., missing person, or wanted from another jurisdiction). c. The officer will complete a KBCOPS Report and the Juvenile Arrest Worksheet. d. If circumstances do not necessitate obtaining an SCO, then once the officer has collected all information needed for the juvenile arrest, the juvenile shall be released to a parent, guardian, custodian or caretaker. e. If an SCO is required, then officers should follow the procedure outlined in IV.D.3 below. f. The officer assigned to the case is responsible for ensuring the case is papered. Charlotte-Mecklenburg Police Department Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 2. 900-018 5 of 10 Referral to a Juvenile Court Counselor (JCC) Officers shall refer the following offenses to juvenile court through juvenile arrest reports: D. a. Delinquent acts that would be a felony if committed by an adult. b. Delinquent acts involving weapons. c. Serious gang-related delinquent acts. d. Delinquent acts involving aggravated assaults. e. Other referrals may be made based on the totality of the circumstances. Secure Custody Orders 1. 2. Officers may request a secure custody order for the following situations: a. The juvenile is charged with a felony and has demonstrated that they are a danger to property or persons. b. The juvenile has demonstrated that they are a danger to persons and is charged with: i. a misdemeanor at least one element of which is assault on a person; or ii. a misdemeanor in which the juvenile used, threatened to use or displayed a firearm or other deadly weapon. c. The juvenile has demonstrated that he/she is a danger to persons and is charged with a violation of N.C.G.S. 20-138.1 (DWI) or N.C.G.S. 20138.3. (Drive after consuming alcohol or drugs while being under the age of 21). d. The juvenile has willfully failed to appear on a pending delinquency or undisciplined charge or on charges of violation of probation or post release supervision, providing the juvenile was properly notified. e. A delinquency charge is pending and there is reasonable cause to believe the juvenile will not appear in court. f. The juvenile is alleged to be undisciplined due to runaway behavior and is inappropriate for non-secure placement. Officers should also consider the following factors when requesting a secure custody order: a. Nature of the alleged offense. Charlotte-Mecklenburg Police Department Juvenile Procedures Interactive Directives Guide Effective Date 10/15/2012 3. 4. 900-018 b. Age and circumstances of the defendant. c. Defendant’s juvenile record. d. Availability of community-based programs. e. Needs and limitations of the juvenile. f. Strengths and weaknesses of the family. g. Concerns of any victims or complainants. 6 of 10 Obtaining a SCO during normal business hours. a. Normal business hours are Monday – Friday, 8am – 5pm (excluding holidays). b. After completing the KBCOPS report and Juvenile Arrest Worksheet, contact the DJJDP Juvenile Court Counselor (JCC) and provide the counselor the name of the juvenile and the charges. c. The JCC will approve or deny any requests for a SCO. d. If the request is denied, complete the on-scene arrest process and release the juvenile to a parent, guardian, custodian or caretaker. e. If the request is approved, take the reports to the DJJDP office (700 E. 4th Street., Suite 400), where the JCC will complete the petition and the SCO. f. Accompany the JCC to the Juvenile Clerk of Court where the clerk will sign the petition. g. The JCC will then present the petition and SCO to the Juvenile Court Judge. h. The Juvenile Court Judge will approve or deny the request for a SCO. If the request is denied, proceed with steps outlined in IV.D.3.d above. i. Officers and detectives obtaining a Secure Custody Order (SCO) shall submit the order with CMPD Communications DCI section for filing immediately. All SCO’s will remain in the database until they are served. j. Once in custody, the officer will contact the JCC and then transport the juvenile to the Gaston Detention Center and turn in all paperwork at the detention center. Obtaining a SCO after normal business hours. a. After completing the KBCOPS report and Juvenile Arrest Worksheet, contact the DJJDP Juvenile Court Counselor through the after hour’s Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-018 Juvenile Procedures Effective Date 10/15/2012 7 of 10 telephone number to request a petition and provide the counselor the name of the juvenile and the charges. 5. E. b. The JCC will approve or deny any requests for a petition. c. If the request is denied, complete the on-scene arrest process and release the juvenile to a parent, guardian, custodian or caretaker. d. If approved, take the KBCOPS Report and Juvenile Arrest Worksheet to the Magistrate. The Magistrate will contact the JCC to verify the petition and SCO approval and then sign the petition. Serving a Security Custody Order (SCO). a. The officer shall confirm with the DCI operator that the SCO is valid. When possible, the officer should contact the DJJDP to see if the SCO is valid. In some cases the SCO may have been stricken by a judge and the information may not have been sent over to DCI to clear out the SCO. b. If the SCO is valid, the SCO may contain restrictions on it; DCI will be able to provide officer with information regarding the restrictions (i.e., take no action if the juvenile is in the custody of the guardian). These will assist the officer make the decision to continue with the process. If the juvenile is not in violation of the SCO, release and take no action. c. If the juvenile is in violation, the officer will complete a Juvenile Arrest Worksheet. d. After transporting the juvenile to CMPD headquarters, obtain the SCO from DCI. e. While at DCI, the officer will complete the “Remove from NCIC Form”, to clear the hit out of NCIC. f. Contact the DJJDP Juvenile Court Counselor (JCC) and provide the name of the Juvenile in custody. g. Transport the juvenile to Gaston Detention Center and turn in paperwork to the detention center. All juveniles while in police custody must be maintained and monitored in a safe and secure environment and cannot be taken to the jail facility. F. Juveniles younger than sixteen (16) years old cannot be issued written citations, regardless of the charge, and may only be charged in a juvenile petition. G. PARENTAL NOTIFICATION REQUIREMENTS for sixteen (16) or seventeen (17) year olds21. Charlotte-Mecklenburg Police Department Interactive Directives Guide Juvenile Procedures Effective Date 10/15/2012 H. 900-018 8 of 10 1. Officers who charge a minor (sixteen (16) or seventeen (17) years old) with a criminal offense shall notify the minor’s parent or guardian of the charge, as soon as practicable, in person or by telephone and document in the KBCOPS report who was notified and their relationship to the minor. 2. If the parent or guardian of the minor cannot be found, the officers or the officers’ immediate supervisor shall notify the minor’s next-of-kin of the minor’s arrest as soon as practicable. 3. The Police Records Division upon receipt of arrest records from the Mecklenburg County Sheriff’s Office will identify any minors arrested. The Police Records Division Manager will ensure that written notification is prepared and mailed to the minor’s parent of guardian within twenty-four (24) hours of the minor’s arrest. 4. Parental notification is not required when one of the following conditions exists: a. The minor is emancipated, or; b. The minor is not taken into custody and has been charged with a non-moving motor vehicle violation or a moving violation for which three or fewer points are assessed22, except an offense involving impaired driving. c. The minor is charged with a motor vehicle offense that is not a moving violation. Transporting juvenile arrestees A juvenile will not be placed or transported in any police or other vehicle which, at the same time, contains an adult arrestee, unless the adult is involved in the same offense or transaction with the juvenile. I. School Principal Notification Requirements by Law Enforcement23. If an officer takes the person into custody, then by a Memorandum of Understanding (MOU), the Mecklenburg County Sheriff’s Office will notify the Charlotte-Mecklenburg School Administrative Office (CMS) of the arrest of any student. CMS has agreed to act as agent for the receipt of all notifications required to be made to any school principal, within and outside of the CMS System. J. Interrogation Procedures 1. A juvenile in custody must be advised prior to questioning of his/her juvenile Miranda warnings which includes the right to have a parent, guardian or custodian present24. Officers will use the CMPD Juvenile Waiver of Rights Form. Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-018 Juvenile Procedures Effective Date 10/15/2012 K. 9 of 10 2. If a juvenile is less than fourteen (14) years old, he/she may not be interrogated without a parent, guardian, custodian or attorney present and the juvenile cannot waive that right. 3. Any officers conducting any custodial interrogation at any place of detention of a juvenile less than 16 years of age will make both video and audio recordings of the interrogation in its entirety25. In the event circumstances do not allow for video recording, audio recording will always be conducted. This includes misdemeanors as well as felonies. 4. Officers conducting custodial interrogations shall provide the juvenile a succinct overview of procedures that will be followed by CMPD and the DJJDP during the course of the investigation and the subsequent prosecution phase of the case. (Examples of explanations include but are not limited to presentation of the case to the district attorney’s office for review, procedure for placement in a detention facility if applicable, assignment of a juvenile court counselor, notification of parents by DJJDP to inform them of next steps, etc.) 5. Generally, no more than two officers should be present during the interrogation of a juvenile. 6. The time duration of continuous interrogations should be based on the seriousness of the crime, the juvenile’s age and maturity level, and the juvenile’s previous experience with law enforcement. Non-Testimonial Identification Order Procedures (Contact a Police Attorney for assistance.) Non-testimonial procedures such as buccal swabs, photographs or fingerprints cannot be conducted on a juvenile (under 16 years of age) without a NTO unless the provisions of N.C.G.S 7B-2101 apply, even with the consent of the juvenile and/or parent.(N.C.G.S. 7B-2103) 1. Fingerprinting and Photographing Juveniles a. An officer must fingerprint and photograph a juvenile without an NTO if all the following are present:  The juvenile is ten (10) years of age or older; and,  The juvenile allegedly committed a non-divertible offense, (murder/1st degree rape/2nd degree rape/ 1st degree sex offense/ 2nd degree sex offense/ Arson/1st degree burglary/any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult/crime against nature/any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of deadly weapon); and, Charlotte-Mecklenburg Police Department Interactive Directives Guide 900-018 Juvenile Procedures Effective Date 10/15/2012 b. L. M. N. V. 10 of 10  A Juvenile Petition is prepared or in process; and,  The juvenile is in custody of law enforcement or DJJDP. Fingerprints and photographs may be used for any investigative or comparative purposes and are to be withheld from public inspection. Confidentiality Issues 1. All records and files concerning a juvenile are to be kept separate from the records and files of adults and are to be withheld from public inspection. 2. Disclosure of information concerning any juvenile under investigation or alleged to be within the jurisdiction of the court that would reveal the identity of the juvenile is prohibited. The publication of pictures of runaways is permitted with the permission of the parent(s)/guardian(s).26 Inter/Intra - Agency/ Relations and Program Performance 1. CMPD will share policies and procedures with other human service agencies who serve the juvenile justice community. 2. CMPD will solicit input from the juvenile justice community regarding issues relating to juveniles. Annual Review of Enforcement and Prevention Programs 1. Division commanders responsible for all juvenile/youth programs will conduct annual reviews of all juvenile enforcement and prevention programs within their areas of responsibilities for efficiency and effectiveness. 2. Division commanders will complete written evaluations of the programs that address the quantitative and qualitative elements of each. The evaluations will indicate whether the programs should function as is, be modified, or be discontinued. REFERENCES Preliminary Investigative Guide North Carolina Crimes Book North Carolina General Statutes Juvenile Arrest Procedure Ages 6-15 Family Services Division & Research Planning and Analysis Division Introduction This document was created to assist Officers when making a Juvenile arrest. The Document contains a process map that shows what steps to take when making contact with a Juvenile for the purpose of making an on scene arrest, serving a Secure Custody Order on file and obtaining a Secure Custody Order during normal and after business hours. On the process map, each block contains a number that corresponds to the task listed on the Task Identification page. Here you will find further information on the task to be completed. Such as when an Officer makes a felony arrest of a Juvenile, the Officer is responsible for papering the case and presenting it to the District Attorney’s Office. You will also find a contacts page containing phone numbers of Agencies, that assist with Juvenile matters. Below you will find the legal definition on when to obtain a Secure Custody Order. § 7B-1903. Criteria for secure or nonsecure custody. (a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and that: (1) The juvenile is a runaway and consents to nonsecure custody; or (2) The juvenile meets one or more of the criteria for secure custody, but the court finds it in the best interests of the juvenile that the juvenile be placed in a nonsecure placement. (b) When a request is made for secure custody, the court may order secure custody only where the court finds there is a reasonable actual basis to believe that the juvenile committed the offense as alleged in the petition, and that one of the following circumstances exists: (1) The juvenile is charged with a felony and has demonstrated that the juvenile is a danger to property or persons. (2) The juvenile has demonstrated that the juvenile is a danger to persons and is charged with either (i) a misdemeanor at least one element of which is assault on a person or (ii) a misdemeanor in which the juvenile used, threatened to use, or displayed a firearm or other deadly weapon. (3) The juvenile has willfully failed to appear on a pending delinquency charge or on charges of violation of probation or post-release supervision, providing the juvenile was properly notified. (4) A delinquency charge is pending against the juvenile, and there is reasonable cause to believe the juvenile will not appear in court. (5) The juvenile is an absconder from (i) any residential facility operated by the Department or any detention facility in this State or (ii) any comparable facility in another state. (6) There is reasonable cause to believe the juvenile should be detained for the juvenile's own protection because the juvenile has recently suffered or attempted self-inflicted physical injury. In such case, the juvenile must have been refused admission by one appropriate hospital, and the period of secure custody is limited to 24 hours to determine the need for inpatient hospitalization. If the juvenile is placed in secure custody, the juvenile shall receive continuous supervision and a physician shall be notified immediately. (7) The juvenile is alleged to be undisciplined by virtue of the juvenile's being a runaway and is inappropriate for nonsecure custody placement or refuses nonsecure custody, and the court finds that the juvenile needs secure custody for up to 24 hours, excluding Saturdays, Sundays, and State holidays, or where circumstances require, for a period not to exceed 72 hours to evaluate the juvenile's need for medical or psychiatric treatment or to facilitate reunion with the juvenile's parents, guardian, or custodian. (8) The juvenile is alleged to be undisciplined and has willfully failed to appear in court after proper notice; the juvenile shall be brought to court as soon as possible and in no event should be held more than 24 hours, excluding Saturdays, Sundays, and State holidays or where circumstances require for a period not to exceed 72 hours. (c) When a juvenile has been adjudicated delinquent, the court may order secure custody pending the dispositional hearing or pending placement of the juvenile pursuant to G.S. 7B-2506. (d) The court may order secure custody for a juvenile who is alleged to have violated the conditions of the juvenile's probation or post-release supervision, but only if the juvenile is alleged to have committed acts that damage property or injure persons. (e) If the criteria for secure custody as set out in subsection (b), (c), or (d) of this section are met, the court may enter an order directing an officer or other authorized person to assume custody of the juvenile and to take the juvenile to the place designated in the order. (1979, c. 815, s. 1; 1981, c. 426, ss. 1-4; c. 526; 1983, c. 590, ss. 2-6; 1987, c. 101; 1987 (Reg. Sess., 1988), c. 1090, s. 3; 1989, c. 550; 1998-202, s. 6; 2000-137, s. 3; 2001-158, s. 1.) Contacts page Records Hot Desk 704-336-2340 Department of Juvenile Justice and Delinquency Prevention 704-347-7842 CMPD Family Services Division 704-336-2811 District Attorneys Office 704-347-7891 Relatives Shelter 704-377-0602 Department of Social Services (DSS) 704-336-2273 Juvenile Clerk’s Office 704-347-7820 Gatling Center 704-875-2922 School Resource Officers 704-432-0434 Children’s Law Center 704-331-9474 Council for Children 704-372-7961 Teen Court 704-551-0708 CMS Dropout Prevention 704-343-7130 Juvenile Arrest Procedure a Secure Custody.?r Drder Procedure Dn eoene arrest to ?5 page 2 4 SEC) on ?le F. to 355 page 3 . 5 contact made Field Interu'lew . Juvenile appropriate action 1 2 3 Obtain EGG 355 page 4 n? Temporary Rama With Dr Ralegizgigrimm Rater to cusmdy without oouneellng Gugmian Dr resourer 45" 9 1o ?n Seene Arrest . . Cheek Het Desi: Complete Obtain Juvenile From page Wilma;fdm If fa: NCIC er 5CD Juvenilemrreet erreet 1 Ne?p Werkeheet .. Recerde 13- 15 see YES i 1F Dhtein see G?mp'aia 33?: 90 re page 4 file Te page 3 15 13 3 Copies of 2 Cepiee efthe 2 Copies of Pep-Bring Fenne- Take te me. for Sid m? Juvenile Felice Report Subpoena Fepering "3.5 a . .apsi'ng - .: vermcetmn te Werkeheet lust l?mm Misdemeanel 3 Ceplee ef Juvenile Wnrkeheel '20 1F 2 Cnplee ef Pellee Repen. if needed ?21 Fallen-q:I eemplete 3t] Turn in pEpENJ'le 22 ECG Cm ?ls . . Transpurl to Obtain at ?htsin Juvenile Ff?m Page Bu?g'?gn?m LEI: lit at 1 -. Dump when Worksheet .. .. Hamrds 31 3-1 35 35- 3'1" ND Flue-lease nu antler: taken 33 1 Bantam F?rsulds the name (hurt is Ns'lify In (Eg??ig?mhf c-f 1113 Juvenile in Illrill advise whats lsu'lily Crl' by a Cami; at ?is Caurt Csunsslur Isustsd}.I Ln talus man; as; $1 as ?Lagr'ksheet 3:15 Obtaining 300 During Business hours Gunplete Motif}r Guardian in Complete Contact Advise of P393 . Juvenilefhrrest person or by Report it needed Court Counselor the name and . . unng orAfter . FeunoantIi 1 L. h. Business hm? During-Ir Worksheet .- ng?asiizogn as .- 34? T3342 .- ohsrges ?nest as as so 51 39mm? 52 After "'r'es Page ND 5 1r Talte reports to Obtain Petition Complete on IZlourt Counselor soene arrest tit W0 E. st. fills out Petition release .1 Suite 4GB and SEE 5Juvenile Officer is sworn in IElerlt presents Clerk of Court Wi' and signs the Petition and 5'30 Judge 5 the Jumila in 2:35;: Court Counselor pemlon to .he Judge approves "r?es police wand? ?fee?p rams Take Juvenile to lKiri-riser cannot faoility . looate 'uuenile 5CD on ?le Turn In a rworlt to Court Counselor gape lake SEC) 19 data bags. reooros 6:5 52 6-1 From I A vv neet 66 Compl Repor1 1 2 3 Task Identification Contact is made with the Juvenile by the Officer. The officer conducts a field interview with the juvenile. The Officer should determine the appropriate action to take, in steps 3, 4, 5 or 6. In some cases there may be more than one action, the Officer should complete the steps in all processes as needed. 4 On scene arrest process. Page two will show the steps needed to complete the arrest. 5 Secure Custody Order on file process. Page three will show the steps needed to complete this process. 6 Obtaining a Secure Custody Order process. Page 4 will show the steps needed to complete this process. 7 The Officer takes temporary custody of the juvenile. 8 The Officer may release the Juvenile with or with out a referral to counseling 9 The Officer releases the Juvenile to the Parent, Guardian or Custodian, with instructions on what actions to take with the subject. 10 The Juvenile is referred to Community resources. On Scene Arrest Process 11 The Officer needs to make the decision to release the Juvenile to a Guardian or to obtain a Secure Custody Order. Factors: The Officer should consider the severity of the crime,ie: violent felonies, the juvenile’s behavior and known history of the subject. 12 Completion of a police report as needed. Some offenses may not require a report. 13 The Officer should check with records to see if a SCO is on file and to see if an NCIC hit out for the Juvenile, ie; missing person, or wanted from another jurisdiction. 14 If an SCO exists you can go to page three for the steps needed to complete that process as well as completing the On Scene Arrest Process. The existence of an SCO does not eliminate the officer from completing the On Scene Arrest Process. 15 Completion of the SCO on file process go to page three. 16 The Officer should complete the Juvenile Arrest worksheet. This is located on the computers under the arrest forms templates. 17 The Officer should obtain a Juvenile arrest number from records. This can be done by phone (336-2340) and in conjunction with checking for NCIC and SCO hits. 18 If the Officer has collected all information needed for the Juvenile arrest, the Juvenile may be released to a Guardian. 19 Is the arrest a felony or misdemeanor, this decision will determine the proper paperwork needed for completion. 20 Three copies of the Juvenile arrest worksheet are needed. 21 Two copies of the Police Report are needed if they are required for the offense. 22 Turn in paperwork at the end of shift. 23 Three copies of the Juvenile arrest worksheet are needed. 24 Two copies of the Police Report are needed if they were required for the offense. 25 Two copies of the Witness Subpoena List are needed, 26 Papering forms. 27 The officer making the arrest is responsible for papering the case, unless otherwise directed by the Detective. The officer should present the case to the ADA for papering. 28 The completed arrest packet should be sent to the Family Services Division. This can be done by the officer prior to papering if needed. 29 Forward a copy of the Papering verification to the Family Services Division. The officer should keep the original for their records. Note, the case will not be sent to Juvenile Court until all paperwork is received at the Family Services Division. 30 On scene felony arrest paperwork complete. Secure Custody Order on file Process 31 The Officer should confirm with the Hot Desk in Records, that the SCO is valid. Phone # 336-2340 / Also when possible the Officer should contact the DJJDP to see if the SCO is valid. In some cases the SCO may have been stricken by a judge and the information may not have been sent over to the Hot Desk to clear out the SCO. 32 Is the SCO valid, the SCO may have restrictions on it; records will be able to tell the officer what they are. IE: take no action if the juvenile is in the custody of the guardian. These will help the officer make the decision to continue with the process. 33 The Juvenile is not in violation of the SCO, release and take no action. 34 Completion of the Juvenile Arrest Worksheet. 35 Transport the Juvenile to the LEC. Give the beginning and ending mileage when transporting a Juvenile. This can be done by selecting the Transport buttons on Cerulean or over the air if needed. 36 Obtain the SCO from records. 37 Obtain a Juvenile arrest number from records. 38 Complete the “Remove from NCIC Form”, while at records. This will clear the hit out of NCIC. 39 Contact the Department of Juvenile Justice Detection and Prevention (DJJDP) Court Counselor. 347-7842 40 Provide the name of the Juvenile in custody. 41 The Court Counselor will advise you which detention center to transport the Juvenile. 42 Transport the Juvenile to the directed center. Beginning and ending mileage should be documented as above. 43 Notify the Guardian in person or by phone as soon as possible. 44 Three copies of the Juvenile Arrest worksheet should be made. 45 Turn in paperwork at shifts end. Obtaining a Secure Custody Order during business hours 46 47 48 49 50 51 52 53 If it is after normal business hours, Monday – Friday, 8am to 5pm, holiday or a weekend proceed to page 5, for the after hours process. Complete the Juvenile Arrest Worksheet. Notify Guardian in person or by phone as soon as possible. Complete a Police Report if needed for the offense. Contact the DJJDP, Court Counselor. 704-347-7842 Advise the Court Counselor of the name and charges. The Court Counselor will approve or deny the request for an SCO. If the request is denied, complete the on scene arrest process and release to a Guardian. 54 55 56 57 58 59 60 64 65 61 62 63 If the request is approved, take your reports to the DJJDP office at 700E, 4th St., suite 400. The Court Counselor will fill out the petition and the SCO. Both you and the CC will go to the Juvenile Clerk of Court. The Juvenile Clerk or Court will swear the officer in, who then signs the petition. The Clerk will present the petition and SCO to the Juvenile Court Judge. The Judge will approve or deny the request for the SCO. If denied go back to task 53. Is the Juvenile in Police custody? Officer cannot locate the juvenile during the shift, and will take the SCO to records to be put into NCIC and SCO database. The SCO remains in the database until served. Obtain Juvenile arrest numbers from Records (704-336-2340). This can be done by calling them. Take the Juvenile to the facility as directed by the Court Counselor. Turn in paperwork at the end of shift. Obtaining a Secure Custody Order after business hours 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Complete Juvenile/Arrest Worksheet Complete a police report if needed. Contact the on call Court Counselor by pager. The dispatcher will have the number. Advise the Court Counselor you are seeking a petition and why. The Court Counselor will approve or deny the request, if denied go to task 70. Complete on scene arrest and release. If approved, take the Juvenile arrest worksheet and police report to the Magistrate. The Magistrate will contact the Court Counselor to verify the petition and SCO approval. The Court Counselor will approve or deny the request for an SCO. If denied go to task 71. If the Court Counselor approves the Magistrate will type the Petition and the SCO. The Magistrate will give the SCO and Petition to the Officer. Is the Juvenile in Police Custody? Officer shall take the SCO to Records to be placed into the SCO Database. SCO stored on database. Obtain Juvenile arrest numbers from records. The Officer will contact the Court Counselor, who will then advise which facility to transport the Juvenile to. Transport the Juvenile to the facility. Notify the Guardian in person or by phone as soon as possible. Turn in paperwork at shifts end. Charlotte-Mecklenburg Police Department Interactive Directives Guide Grant Notification Process Effective Date 11/19/2011 I. 900-019 1 of 3 PURPOSE This directive establishes a notification process for all CMPD grant applications. The notification process is vital to ensure that CMPD personnel are following all necessary procedures to attain funds within existing budget guidelines and in accordance with the City of Charlotte’s Grant Administration Policy. With this process, each grant application can be reviewed and all financial and resource responsibilities can be addressed. II. POLICY Applications are prepared and submitted to Federal and State Agencies, Foundations and private businesses for the purpose of either securing grant funding to enhance existing services and programs or to implement new services and programs bringing benefit to CMPD and the citizens it serves. This policy streamlines and conforms to the grant application process of the City of Charlotte’s Grant Administration Policy. III. DEFINITIONS A. Grant Administration Policy: The City of Charlotte policy establishing a uniform method for preparing and submitting Federal, State, Foundation, and/or private business grant applications. B. Grant Application Notification Form: Provides information to be submitted to the City’s Budget and Evaluation Department regarding any match requirements, recurring costs, new positions, and compliance with the City’s technology review process. C. Grant Solicitation: The document released by the grantors, outlining the grant application and funding capabilities. D. Grants Coordinator: Provides post-award services associated with the fiscal management of grants including providing periodic grant fund expenditure updates. E. Grantor: The agency or foundation that releases the grant solicitation and provides the award. F. Matching funds: This is when CMPD must contribute a portion to the overall grant funding. G. 1. Cash Match: The additional funds provided and paid for by the grantee from non-grantor funds in support of the grant proposal. 2. In-kind Contributions: Contributions that are made to the project through means of office space, organizational personnel, etc. 3. Direct Match: The grantee provides additional equipment, supplies, or personnel to aid with the project. Project Manager: Person who is applying for the grant and responsible for the overall programmatic and fiscal direction of the grant funded project. Charlotte-Mecklenburg Police Department Grant Notification Process Interactive Directives Guide Effective Date 11/19/2011 1. 2. IV. 900-019 2 of 3 Responsible to his or her chain of command to be aware of all allowable expenses. Responsible for completing all required progress reports to the funding agency. 3. Responsible to report all grant expenditures in writing to the Fiscal Affairs Division Grants Coordinator. 4. Responsible to expend all funds by the conclusion of the grant time frame. H. Status Report: Requirement for the grantee to report periodic project and budget developments through the grant period. I. Recurring Cost: Costs that the organization must incur after the grant period is complete, e.g. recurring payroll, equipment maintenance or replacement costs. PROCEDURE A. B. Notification of Grant Applications 1. To gain approval for the submission of a grant application, regardless of the deadline and amount of funds involved, the project manager must first notify his or her chain of command up through the rank of Deputy Chief, the Directors of Research & Planning Division (RPD) and the Fiscal Affairs Division of the grant opportunity including a copy of the grant solicitation. 2. Information to be included in the notification must include the grant’s purpose, funds available, matching costs, new positions, continuation of existing positions, and all recurring costs. 3. If the chain of command approves submission of the grant application, based on the added value the grant funds would provide CMPD, the Deputy Chief shall recommend to the Chief of Police that a grant application be prepared. 4. At his or her discretion, prior to making a recommendation to the Chief of Police, the Deputy Chief of the group the grant funds would benefit, may confer with the other Deputy Chiefs. 5. The Chief of Police or his or her designee may accept or reject the Deputy Chief’s recommendation for the preparation of a Grant Notification Form and grant application. RPD will be the central reporting unit for all grant applications. 1. Prior to initiating a grant application, and after the Chief of Police has approved the preparation of a grant application, the project manager must submit a completed Grant Application Notification Form to the RPD Director at least three weeks prior to the grant submission date. 2. The RPD Director will forward a copy of the Grant Application Notification form to the Fiscal Affairs Business Manager Charlotte-Mecklenburg Police Department Grant Notification Process Interactive Directives Guide Effective Date 11/19/2011 C. 3 of 3 3. The Fiscal Affairs Business Manager will in turn forward a copy of the Grant Application Notification form to the CMPD’s liaison with the City of Charlotte Budget and Evaluation Department. 4. The Grantee is required to indicate all match requirements, recurring costs, new positions, and compliance with the City’s technology review process. If assistance is requested to complete the Grant Application Notification Form, an RPD staff member will be assigned to provide guidance. 5. RPD will be responsible for reviewing and documenting all Grant Application Notification forms that are received from grantees. All completed Grant Application Notification Forms will be saved by the RPD. Grant Application 1. 2. V. 900-019 The grantee must submit a draft copy of the grant application to the RPD Director and the Fiscal Affairs Division Business Manager at least one week prior to the grant’s submission date. a. If there is a match requirement, the project manager must indicate which budget the funds will be drawn from and confirmation this funding has been approved. b. If there are recurring costs associated with the grant, the project manager must provide funding source information to the Fiscal Affairs Division. A final copy of the Grant Application must be submitted to the RPD Director, the Fiscal Affairs Division Business Manager, and the Fiscal Affairs Division Grants Coordinator within 48 hours following its submission to the grant agency. REFERENCES City of Charlotte Grant Administration Policy