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HomeMy WebLinkAboutCSS 2020-06-22 Item 1 - Handout to be Distributed at Meeting - ATTACHMENT: Tukwila Police Policy ManualTukwila Police Department Tukwila PD Policy Manual CHIEF'S PREFACE This manual contains the policy of the Tukwila Police Department. It is based on the law and the best practices of our industry. I consider the standards within to provide the reasonable response to most situations we will encounter while serving our community. I expect the employees of this department to adhere to these standards. However, it is impossible to address every situation and contingency; employees shall make reasonable decisions based on our core values of Leadership, Excellence, Accountability and Dedication. This manual is a living document and subject to ongoing development and refinement. As changes are implemented, employees must stay current with updates and evolve our practices to abide by new policy. We must never stop improving to assure that we are providing the community with the best service possible. I recognize that our most valuable asset is the people of this department and I call upon their knowledge, experience and profesionalism to implement this manual to fulfill the mission of the Tukwila Police Department. This manual supersedes all previously issued manuals or General Orders. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Chiefs Preface - 1 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession ... law enforcement. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Law Enforcement Code of Ethics - 2 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual MISSION STATEMENT We, the members of the Tukwila Police Department, are committed to being responsive to our community in the delivery of quality services. We recognize our responsibility to maintain order, while affording dignity and respect to every individual. Our mission is to improve the quality of life for all through community partnerships and problem solving to promote safe, secure neighborhoods. CORE VALUES: • LEADERSHIP: Everyone is a leader within the organization and the community. • EXCELLENCE: We strive for excellence by demonstrating superior quality in all aspects of our work. • ACCOUNTABILITY: We hold ourselves accountable to deliver professional services with integrity, courage, respect and honor. • DEDICATION: We are committed to working together as a world -class team and are dedicated to the department's mission, vision and goals. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. MISSION STATEMENT - 3 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Table of Contents Chief's Preface . . . . . . . . . . . . . . . . . . . . . . . . 1 Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 2 MISSION STATEMENT . . . . . . . . . . . . . . . . . . . . . 3 Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 8 100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . . 9 101 - Law Enforcement Certification . . . . . . . . . . . . . . . . 11 102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 12 103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 13 Chapter 2 - Organization and Administration . . . . . . . . . . . . . 16 200 - Organizational Structure and Responsibility . . . . . . . . . . . . 17 201 - Special Order & Task Outline . . . . . . . . . . . . . . . . 19 202 - Emergency Management Plan . . . . . . . . . . . . . . . . 20 203 - Training Policy . . . . . . . . . . . . . . . . . . . . . 22 204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 25 205 - Retired Officer Firearms Certificate . . . . . . . . . . . . . . . 27 206 - Concealed Pistol License . . . . . . . . . . . . . . . . . . 29 207 - Cash Funds . . . . . . . . . . . . . . . . . . . . . . 34 Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 35 300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 36 301 - Management Analysis of Pursuits, Force, and Internal Affairs . . . . . . . 42 302 - Deadly Force Review . . . . . . . . . . . . . . . . . . . 43 303 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 45 304 - Control Devices and Techniques . . . . . . . . . . . . . . . 50 305 - Conducted Energy Device (CED) Guidelines . . . . . . . . . . . . 55 306 - Officer -Involved Shootings and Deaths . . . . . . . . . . . . . . 61 307 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 69 308 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 78 309 - Officer Response to Calls . . . . . . . . . . . . . . . . . . 90 310 - Canines . . . . . . . . . . . . . . . . . . . . . . . 93 311 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 102 312 - Search and Seizure . . . . . . . . . . . . . . . . . . . 108 313 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 111 314 - Adult Abuse . . . . . . . . . . . . . . . . . . . . . . 115 315 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 121 316 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 126 317 - Missing Persons . . . . . . . . . . . . . . . . . . . . 132 318 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 138 319 - Victim Witness Assistance . . . . . . . . . . . . . . . . . 143 320 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 146 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Table of Contents - 4 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual 321 - Disciplinary Policy . . . . . . . . . . . . . . . . . . . . 149 322 - Report Preparation . . . . . . . . . . . . . . . . . . . 155 323 - Media Relations . . . . . . . . . . . . . . . . . . . . 159 324 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 162 325 - Registered Offender Information . . . . . . . . . . . . . . . 168 326 - Major Incident Notification . . . . . . . . . . . . . . . . . 172 327 - Death Investigation . . . . . . . . . . . . . . . . . . . 174 328 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 176 329 - Limited English Proficiency Services . . . . . . . . . . . . . . 177 330 - Communications with Persons with Disabilities . . . . . . . . . . . 180 331 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 184 332 - Public Safety Camera System . . . . . . . . . . . . . . . . 188 333 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 189 334 - Off -Duty Law Enforcement Actions . . . . . . . . . . . . . . 194 335 - Native American Graves Protection and Repatriation . . . . . . . . . 196 336 - Extreme Risk Protection Orders . . . . . . . . . . . . . . . 198 Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 202 400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 203 401 - Bias -Based Policing . . . . . . . . . . . . . . . . . . . 205 402 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 207 403 - Ride -Along Policy . . . . . . . . . . . . . . . . . . . . 209 404 - Hazardous Material Response . . . . . . . . . . . . . . . . 212 405 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 215 406 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 218 407 - Emergent Detentions . . . . . . . . . . . . . . . . . . . 222 408 - Citation Releases . . . . . . . . . . . . . . . . . . . . 225 409 - Arrest or Detention of Foreign Nationals . . . . . . . . . . . . . 226 410 - Rapid Response and Deployment . . . . . . . . . . . . . . . 233 411 - Immigration Violations . . . . . . . . . . . . . . . . . . 236 412 - Field Training Officer Program . . . . . . . . . . . . . . . . 239 413 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 241 414 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 242 415 - Criminal Organizations . . . . . . . . . . . . . . . . . . 246 416 - Mobile Audio Video . . . . . . . . . . . . . . . . . . . 250 418 - Mobile Digital Computer Use . . . . . . . . . . . . . . . . 254 419 - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . 256 420 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 258 421 - SCHOOL RESOURCE OFFICER PROGRAM . . . . . . . . . . . 263 422 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 266 423 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 269 424 - First Amendment Assemblies . . . . . . . . . . . . . . . . 272 425 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 277 426 - Medical Aid and Response . . . . . . . . . . . . . . . . . 282 427 - Body Worn Cameras . . . . . . . . . . . . . . . . . . . 286 428 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 290 430 - Shift Sergeants . . . . . . . . . . . . . . . . . . . . . 293 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Table of Contents - 5 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 5 - Traffic Operations . . . . . . . . 500 - Traffic Function and Responsibility . . . . 501 - Traffic Collision Reporting . . . . . . . 502 - Vehicle Towing Policy . . . . . . . . 503 - Impaired Driving . . . . . . . . . . 504 - Traffic Citations . . . . . . . . . . 505 - Disabled Vehicles . . . . . . . . . . 506 - Unauthorized 72 Hour Vehicle Violations . . Chapter 6 - Investigation Operations . . . . . . . . 600 - Investigation and Prosecution . . . . . . . . 601 - Asset Forfeiture . . . . . . . . . . . . . 602 - Confidential Informants . . . . . . . . . . 603 - Eyewitness Identification . . . . . . . . . . 604 - Brady Material Disclosure . . . . . . . . . 605 - Investigative Case File Management . . . . . . 606 - Intelligence Files . . . . . . . . . . . . 607 - Surveillance, Undercover, Decoy and Raid Operations 608 - Sexual Assault Investigations . . . . . . . . 609 - Operations Planning and Deconfliction . . . . . 610 - Warrant Service . . . . . . . . . . . . Chapter 7 - Equipment . . . . . . . . . . . 700 - Department Owned and Personal Property . . 701 - Personal Communication Devices . . . . . 702 - Vehicle Maintenance . . . . . . . . . 703 - Vehicle Use . . . . . . . . . . . . 704 - Cash Handling, Security and Management . . 705 - Personal Protective Equipment . . . . . . 706 -SMALL UNMANNED AIRCRAFT SYSTEMS. Chapter 8 - Support Services . 800 - Crime Analysis . . . . . . . . . 801 - Property and Evidence . . . . . . . 802 - Records . . . . . . . . . . . . 803 - Records Maintenance and Release . . . 804 - Computers and Digital Evidence . . . . 805 - Criminal History Record Information (CHRI) 808 - Animal Control . . . . . . . . . Chapter 9 - Custody . . . . . . . . 900 - Temporary Custody of Adults . . 901 - Custodial Searches . . . . . . Chapter 10 - Personnel . . . . . . . 1000 - Recruitment and Selection . . . 294 295 298 300 303 308 309 311 312 313 315 321 325 328 330 331 332 333 338 343 347 348 350 354 356 362 364 369 373 374 375 383 385 388 390 394 397 398 400 . . . . . . . . . . . 406 . . . . . . . . . . . 407 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Table of Contents - 6 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual 1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 413 1001 - Anti -Retaliation . . . . . . . . . . . . . . . . . . . . 416 1002 - Reporting of Employee Charged with a Crime or Respondent in a Court Order 419 1003 - Drug- and Alcohol -Free Workplace . . . . . . . . . . . . . . 420 1004 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 423 1005 - Communicable Diseases . . . . . . . . . . . . . . . . . 425 1006 - Smoking Policy . . . . . . . . . . . . . . . . . . . . 430 1007 - Personnel Complaints . . . . . . . . . . . . . . . . . . 431 1008 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 439 1009 - Body Armor . . . . . . . . . . . . . . . . . . . . . 441 1010 - Personnel Records . . . . . . . . . . . . . . . . . . . 443 1011 - Commendations and Awards . . . . . . . . . . . . . . . . 447 1012 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 449 1013 - Outside Employment . . . . . . . . . . . . . . . . . . 452 1014 - Contracted Overtime and Off -Duty Guild Employment . . . . . . . . 455 1015 - Personal Appearance Standards . . . . . . . . . . . . . . . 457 1016 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 459 1017 - Police Explorers . . . . . . . . . . . . . . . . . . . . 467 1018 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 470 1019 - Domestic Violence Involving Law Enforcement Employees . . . . . . . 473 1020 - Department Badges . . . . . . . . . . . . . . . . . . . 479 1021 - Temporary Modified -Duty Assignments . . . . . . . . . . . . . 481 1022 - Department Social Media . . . . . . . . . . . . . . . . . 484 1023 - Employee Speech, Expression and Social Networking . . . . . . . . 489 1024 - Peer Support Program . . . . . . . . . . . . . . . . . . 493 1025 - Accident, Illness and Injury Prevention . . . . . . . . . . . . . 495 1026 - Attendance . . . . . . . . . . . . . . . . . . . . . . 501 1027 - Line -of -Duty Deaths . . . . . . . . . . . . . . . . . . . 502 Attachments . . . . . . . . . . . . . . . . . . . . . . . . 513 7.1.4 Currency Packaging.pdf . . . . . . . . . . . . . . . . . . 514 2.2.2 External Armor Carriers .pdf . . . . . . . . . . . . . . . . . 515 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Table of Contents - 7 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 1 - Law Enforcement Role and Authority Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Law Enforcement Role and Authority - 8 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Tukwila Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law. 100.2.1 ARREST AUTHORITY The arrest authority of the Tukwila Police Department includes (RCW 10.31.100): (a) When a peace officer has probable cause to believe that a person has committed or is committing a felony, the officer shall have the authority to arrest the person without a warrant. (b) A peace officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in RCW 10.31.100 (e.g., when there is probable cause for certain offenses that involve domestic violence, driving under the influence, motor vehicle accidents). (c) A peace officer may arrest a person in compliance with an arrest warrant. 100.2.2 OREGON AUTHORITY Sworn members of this department who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles of the Washington -Oregon border under the following circumstances (ORS 133.405): (a) In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b) In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life and circumstances make it impractical for Oregon law enforcement officials to formally request assistance. (c) For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, whether or not an Oregon law enforcement official is present at the scene of the incident. Tukwila Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, officers should seek permission from a department supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Law Enforcement Authority - 9 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Law Enforcement Authority incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred. 100.3 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a) As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b) When an officer enters Idaho or Oregon in fresh pursuit of a person believed to have committed a felony (Idaho Code 19-701; ORS 133.430). When an officer makes an arrest in Idaho or Oregon, the arresting officer shall cause the person to be taken without delay to a magistrate in the county where the arrest was made (Idaho Code 19-702; ORS 133.440). 100.4 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person's clearly established rights under the United States and Washington Constitutions. 100.5 POLICY It is the policy of the Tukwila Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate abuse of law enforcement authority. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Law Enforcement Authority - 10 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Law Enforcement Certification 101.1 PURPOSE AND SCOPE All sworn officers employed by the Tukwila Police Department shall commence basic training at the first available approved academy during the first six months of employment. Successful completion of basic training is requisite for Peace Officer Certification. All sworn officers shall obtain this certification and maintain basic certification as peace officers as a condition of continuing employment with the Tukwila Police Department (RCW 43.101.095(1) and 43.101.200(1)). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Law Enforcement Certification - 11 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Oath of Office 102.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 102.1.1 OATH OF OFFICE Upon employment, all sworn employees shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer: 1, [state your name], having been duly appointed to the office of police officer for the City of Tukwila, Washington, do solemnly swear that 1 will faithfully and impartially perform the duties of my office as prescribed by law and to the best of my ability, that 1 will abide by the Law Enforcement Code of Ethics, and that 1 will support and maintain the ordinances of the City of Tukwila, the laws and constitution of the State of Washington and the United States of America. All sworn employees shall comply with the oath of office and agency policies, including the duty to be truthful and honest in the conduct of official business. 102.2 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions (RCW 43.101.021). If a member is opposed to taking an oath, he/she shall be permitted to substitute the word "affirm" for the word "swear," and the words "so help me God" may be omitted. 102.3 MAINTENANCE OF RECORDS The oath of office shall be filed in accordance with the established records retention schedule and any applicable state and/or local law. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Oath of office - 12 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Tukwila Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Tukwila Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Tukwila Police Department reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CFR - Code of Federal Regulations. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Policy Manual - 13 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Policy Manual City - The City of Tukwila. Non -sworn - Employees and volunteers who are not sworn peace officers. CJTC - The Criminal Justice Training Commission. Department/TPD - The Tukwila Police Department. DOL - The Department of Licensing. Employee - Any person employed by the Department. Juvenile - Any person under the age of 18 years. Manual - The Tukwila Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Tukwila Police Department, including: • Full- and part-time employees • Sworn peace officers • Non -sworn employees • Volunteers Officer - Those employees, regardless of rank, who are sworn peace officer employees of the Tukwila Police Department. On -duty - A member's status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Rank - The title of the classification held by an officer. RCW - Revised Code of Washington (Example: RCW 9.41.040). Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., officer -in -charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Policy Manual - 14 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Policy Manual When there is only one department member on -duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member's off -duty supervisor or an on -call supervisor. USC - United States Code. WAC - The Washington Administrative Code (Example: WAC 296-24-567). WSP - The Washington State Patrol. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Special Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Policy Manual - 15 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 2 - Organization and Administration Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Organization and Administration - 16 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.2 DIVISIONS The Chief of Police is responsible for administering and managing the Tukwila Police Department. There are five divisions in the Police Department as follows: • Support Operations • Special Operations • Patrol Division • Investigations Division • Professional Standards Division 200.2.1 SUPPORT OPERATIONS Support Operations is commanded by the Senior Manager whose primary responsibility is to provide leadership, general management direction and control for Support Operations. Support Operations consists of Records and Evidence. 200.2.2 SPECIAL OPERATIONS The Special Operations Division is commanded by a Commander whose primary responsibility is to provide leadership, general management direction and control for that Division, SWAT, the Traffic Unit, the Community Police Team, Community Liaison Officers, and the School Resource Officer. 200.2.3 PATROL DIVISION The Patrol Division is commanded by a Commander whose primary responsibility is to provide leadership, general management direction and control for that Division. The Patrol Division consists of Uniformed Patrol. 200.2.4 INVESTIGATION DIVISION The Investigations Division is commanded by a Commander whose primary responsibility is to provide general management direction and control for the Investigations Division. The Investigations Division consists of the Major Crimes Unit and the TAC Team. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Tukwila Police Department 17 Tukwila Police Department Tukwila PD Policy Manual Organizational Structure and Responsibility 200.2.5 PROFESSIONAL STANDARDS DIVISION The Professional Standards Division is commanded by a Commander whose primary responsibility is to provide leadership, general management direction and control for Professional Standards. Professional Standards Division consists of the Professional Standards Unit. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND Unless otherwise designated, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Deputy Chief of Police (b) Senior commander based on time in grade (c) Senior sergeant based on time in grade 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Tukwila Police Department 18 Tukwila Police Department Tukwila PD Policy Manual Special Order & Task Outline 201.1 PURPOSE AND SCOPE Special Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes topolicy consistent with the current labor contracts. Special Orders will immediately modify or change and supersede sections of this manual to which they pertain. Task Outlines are procedural outlines that may be used by division commanders to explain the proper process to complete tasks. Task Outlines should be followed to complete the tasks therein unless it is reasonable to deviate from the instructions. 201.1.1 SPECIAL ORDER PROTOCOL Special Orders will be incorporated into the manual as required upon approval of Staff. Special Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Special Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any Special Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number "01" For example, 08-01 signifies the first Special Order for the year 2008. 201.2 RESPONSIBILITIES 201.2.1 CHIEF OF POLICE The Chief of Police shall issue all Special Orders. 201.3 ACCEPTANCE OF SPECIAL ORDERS All employees are required to read and obtain any necessary clarification of all Special Orders. All employees are required to acknowledge in writing the receipt and review of any new Special Order. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the Training Officer. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Special order & Task Outline - 19 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Emergency Management Plan 202.1 PURPOSE AND SCOPE The City has prepared a Comprehensive Emergency Management Plan (CEMP) for use by all employees in the event of a major disaster or other emergency event. The CEMP provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated. The CEMP is written in accordance with the State of Washington's comprehensive emergency management plan and program, and has been approved for local use (RCW 38.52.070). This plan provides guidance for City emergency operations within and outside its borders. 202.1.1 TUKWILA CODES An emergency management organization has been established by the City of Tukwila. This ordinance has been approved by the City Council (WAC 118-30-050). 202.2 ACTIVATING THE EMERGENCY PLAN The CEMP may be activated by the Chief of Police, the highest ranking official on -duty or a responder who is at the scene of a major emergency. Upon activation of the plan, the Chief of Police or the authorized designee should, if the need is anticipated, contact the State Emergency Operations Center to assist with a mutual aid response in which local, state and federal law enforcement agencies provide resources to this department. 202.2.1 RECALL OF PERSONNEL In the event that the CEMP is activated, all employees of the Tukwila Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Members who are unable to respond to the city within 4 hours of the recall due to unforseen circumstances ie. natural disaster, roadway damage, etc will report to the nearest law enforcement agency for duty. Failure to respond to an order to report for duty may result in discipline. 202.3 LOCATION OF EMERGENCY MANAGEMENT PLAN The CEMP for the employees is available in Professional Standards Unit and the Shift Sergeant's office. All supervisors should familiarize themselves with the CEMP and what roles police personnel will play when the plan is implemented. 202.4 BUILDING EVACUATION PLAN In the event of a disaster or emergency which requires evacuation of the public safety services building, all employees shall follow implemented evacuation plans and posted exit strategies. The posted exit strategies shall include any special directions for physically impaired employees (WAC 296-24-567). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Emergency Management Plan - 20 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Emergency Management Plan 202.5 UPDATING OF MANUALS The Chief of Police or the authorized designee shall review the CEMP at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) (WAC 118-30-060(7)). 202.6 TRAINING The Department should provide annual training in the CEMP for all supervisors and other appropriate personnel. All supervisors should familiarize themselves with the CEMP and the roles police personnel will play when the plan is implemented. Training should incorporate a full or partial exercise, tabletop or command staff discussion. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Emergency Management Plan - 21 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Training Policy 203.1 PURPOSE AND SCOPE It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 203.2 PHILOSOPHY The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Department will use courses certified by the Washington Criminal Justice Training Commission (CJTC). 203.3 OBJECTIVES The objectives of the Training Program are to: (a) Increase the safety of officers and citizens (b) Enhance the level of law enforcement service to the public. (c) Increase the technical expertise and overall effectiveness of our personnel. (d) Provide for continued professional development of department personnel. 203.4 TRAINING PLAN A training plan for all employees will be developed and maintained by the Training Officer. It is the responsibility of the Training Officer to maintain, review, and update the training plan on an annual basis. The plan will ensure, at minimum, the following: (a) All sworn members will successfully complete an annual in-service training program of no less than 24 hours that includes the training required by the CJTC (WAC 139-05-300). (b) All officers must complete a minimum of 40 hours of continuing de-escalation and mental health training every three years as provided in WAC 139-11-020 and WAC 139-11-060. 1. This training may substitute the annual 24 hours in-service requirement under WAC 139-05-300 in the year the officer completes the 40-hour violence de- escalation training. (c) All sworn members will successfully complete an annual in-service training program on the department use of force and deadly force policies. (d) All sworn members will successfully complete in-service training on less -than -lethal weapons every two years. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Training Policy - 22 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Training Policy (e) Full-time supervisors or managers will receive appropriate training and certification required by CJTC. (f) All sworn members will successfully complete the National Incident Management System (NIMS) introductory training course. (g) Members who will serve as school resource officers will receive training for school resource officers (Chapter 333 § 12, 2019 Laws). (h) Any request for exemption, waiver, extension, or variance from any requirement of CJTC training must be made under WAC 139-03-030 and corresponding information be made available to the public in accordance with the Records Maintenance and Release Policy (WAC 139-11-030). The plan will also address the following areas: • Legislative Changes • State Mandated Training • Critical Issues Training 203.5 TRAINING NEEDS ASSESSMENT The Professional Standards Unit will conduct an annual training -needs assessment of the Department. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year. 203.6 TRAINING DOCUMENTATION Detailed records shall be kept of all in-service training sponsored by or presented on behalf of the Tukwila Police Department. Records should minimally include the following: • An overview of the course content and/or an instructor lesson plan. • Names and agency contact information of all attendees. • Instructor credentials or resume. • Individual attendee test results (if applicable). • Course completion roster. 203.7 TRAINING PROCEDURES (a) All employees assigned to attend training shall attend unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to: 1. Court appearances 2. Approved Leave 3. Sick leave 4. Physical limitations preventing the employee's participation. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Training Policy - 23 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Training Policy 5. Emergency situations (b) When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible, but no later than one hour prior to the start of training. 2. Document his/her absence in a memorandum to his/her supervisor, which shall be forwarded to the Division Commander for approval. 3. Make arrangements through his/her supervisor and the Training Officer to attend an alternate date. 203.8 INSTRUCTOR CERTIFICATIONS The Chief shall appoint all department instructors. He or his designee will determine training and certifications necessary for instructors to perform their duties. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Training Policy - 24 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Electronic Mail 204.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the Department electronic email system by employees of this department. Email is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., Washington Public Disclosure Act). Messages transmitted over the email system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business -related tasks and/or communication directly related to the business, administration, or practices of the Department. 204.2 E-MAIL RIGHT OF PRIVACY All e-mail messages, including any attachments, that are transmitted over department networks are considered department records and therefore are the property of the department. The Police Department and City IT Department reserves the right to access, audit or disclose, for any lawful reason, any message, including any attachment, that is transmitted over its e-mail system or that is stored on any department system. The e-mail system is not a confidential system and therefore is not appropriate for confidential communications. If a communication must be confidential, an alternative method to communicate the message should be used. Employees using the department e-mail system shall have no expectation of privacy concerning communications transmitted over the system. Employees should not use personal accounts to exchange e-mail or other information that is related to the official business of the Department. 204.3 PROHIBITED USE OF E-MAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, and harrasing or any other inapropriate messages on the email system will not be tolerated and may result in discipline. Email messages addressed to the entire department are only to be used for official business related to items that re of particular interest to all users. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user's name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual's e-mail, name and/or password by others. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Electronic Mall - 25 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Electronic Mail 204.4 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the Washington Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law. The Records Manager shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Emailing Criminal Justice Information (CJI) is not recommended. If CJI must be transmitted by email, the email must be encrypted and the email recipient must be authorized to receive and view CJ I. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Electronic Mall - 26 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Retired Officer Firearms Certificate 205.1 PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance of identification cards and firearms certificates to retired officers of this department. Retirees from the Tukwila Police Department who meet the qualifications of RCW 9.41.060 or RCW 36.28A.090 are authorized carry a concealed handgun. 205.2 QUALIFIED RETIREES UNDER RCW 9.41.060 Officers retired for service or physical disabilities, except for those officers retired because of mental or stress -related disabilities are exempt from the provisions of RCW 9.41.050 (RCW 9.41.060). This exemption only applies to a retired officer who meets the following criteria: (a) Has obtained an identification card from this department that has been signed by the Chief of Police and states that the officer was retired for service or physical disability. (b) Has not been convicted or found not guilty by reason of insanity of a crime making him/her ineligible for a concealed pistol license. The above exemption applies only to the carrying of a concealed weapon within the State of Washington. 205.3 QUALIFIED RETIREES UNDER 18 USC § 926 C Subject to 18 USC § 926 C and the Firearms and Qualification Policy, qualified retired officers of this department may be authorized to carry a concealed weapon in Washington and other states. Qualified retired officers who are residents of Washington and wish to transport or carry a concealed weapon under this authority must obtain a dated and signed firearms certificate form once each year. The certificate must show that either a law enforcement agency or an individual or entity certified to provide firearms training acknowledges that the bearer has been found qualified or otherwise meets the standards established by the Criminal Justice Training Commission for firearms qualification for the basic law enforcement training academy in the state (RCW 36.28A.090). 205.4 ISSUANCE OF RETIREE IDENTIFICATION CARD The Chief's office is responsible for issuing identification cards to qualified retirees. The identification card issued to any qualified and honorably retired officer should minimally contain the following: (a) A photograph of the retiree. (b) The retiree's name and date of birth. (c) The date of retirement. (d) The name, address and phone number of the Tukwila Police Department. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Retired Officer Firearms Certificate - 27 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Retired Officer Firearms Certificate (e) If applicable, a notation that: "This person qualifies as an honorably retired law enforcement officer under RCW 9.41.060(10)." 205.5 ISSUANCE OF FIREARMS CERTIFICATE Retired officers from the Tukwila Police Department may, at the discretion of the Chief of Police, utilize department range facilities for the purpose of a yearly weapons qualification. The Rangemaster should sign and date the firearms certificate if the retiree successfully completes the required firearms qualification. The use of department range facilities by retirees is subject to additional restrictions and fees as established by the Chief of Police or authorized designee. It is the sole responsibility of the retiree to ensure that he/she complies with 18 USC § 926C and other relevant state laws before carrying a concealed handgun in Washington or any another state under this authority. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Retired Officer Firearms Certificate - 28 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Concealed Pistol License 206.1 PURPOSE AND SCOPE The Chief of Police is given the statutory responsibility to issue, monitor, and revoke a license to carry a concealed pistol to residents within the community (RCW 9.41.070). This policy will provide a written process for the application, issuance, and revocation of such licenses. 206.2 QUALIFIED APPLICANTS All applicants for a concealed pistol license shall qualify to receive such a license unless the applicant is ineligible for a license or to possess a pistol under any of the following conditions (RCW 9.41.070): (a) The applicant is ineligible or is prohibited to possess a firearm under the provisions of RCW 9.41.040, RCW 9.41.045 or federal law. (b) The applicant's concealed pistol license is in a revoked status. (c) The applicant is under twenty-one years of age. (d) The applicant is subject to a court order or injunction regarding firearms. (e) The applicant is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense. (f) The applicant has an outstanding warrant for his/her arrest from any court of competent jurisdiction for a felony or misdemeanor. (9) The applicant has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his/her person. (h) The applicant has been convicted of a felony or is otherwise restricted from possessing a firearm unless the person has been granted relief from disabilities by the United States Attorney General under 18 USC § 925(c), or RCW 9.41.040(3) or (4) applies. Non-immigrant aliens are not eligible for concealed pistol licenses. However, they may be eligible for an alien firearm license for the purposes of hunting and sport shooting, subject to certain eligibility requirements. Any non-immigrant alien who wishes to obtain an alien firearm license should be directed to apply to the sheriff in the county in which he/she resides (RCW 9.41.173). 206.3 APPLICATION PROCESS AND RENEWAL The Chief of Police has 30 days after the filing of an application of any person to issue a license to carry a concealed pistol. If the applicant does not have a valid permanent Washington driver license or identification card or has not been a resident of the state for the previous consecutive 90 days, the Chief of Police has 60 days to issue a license. The Chief of Police must accept completed applications for concealed pistol licenses during regular business hours (RCW 9.41.070). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Concealed Pistol License - 29 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Concealed Pistol License The Chief of Police is required to check with the National Instant Criminal Background Check System, the Washington State Patrol (WSP) electronic database, the Department of Social and Health Services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or RCW 9.41.045, or is prohibited under federal law to possess a firearm and therefore ineligible for a concealed pistol license. This check applies for a new concealed pistol license or to renew a concealed pistol license. A background check for an original license shall be conducted through the WSP Criminal Identification Section and shall include a national check from the Federal Bureau of Investigation through the submission of fingerprints. The applicant may request and receive a copy of the results of the background check from the Chief of Police (RCW 9.41.070). The license application shall bear the full name, residential address, telephone number and/ or email address at the option of the applicant, date and place of birth, race, gender, physical description, not more than two complete sets of fingerprints, and signature of the licensee, and the licensee's driver license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the Department of Social and Health Services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency. If the applicant is not a United States citizen, the applicant must provide his/her country of citizenship, United States -issued alien number or admission number, and the basis for any exemptions from federal prohibitions on firearm possession by aliens. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall meet the additional requirements of RCW 9.41.173 and provide proof of compliance (RCW 9.41.070). The application for an original license shall include a complete set of fingerprints to be forwarded to the WSP (RCW 9.41.070(4)). 206.3.1 REQUIRED WARNINGS The license and application shall contain a warning substantially as follows: "CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution." The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law (RCW 9.41.070). The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Concealed Pistol License - 30 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Concealed Pistol License 206.3.2 DOCUMENTATION AND FEES The Chief of Police shall deliver the original license to the licensee, within seven days send the duplicate to the Director of Licensing, and shall preserve the triplicate or other form prescribed by the Department of Licensing for six years after the license has expired, been voided or revoked, or as otherwise provided in the department's established records retention schedule (RCW 9.41.070(4)). The nonrefundable fee for the original five-year license must be paid upon application. Additional charges imposed by the Federal Bureau of Investigation are payable by the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license. A nonrefundable fee for the renewal of such license, or the replacement of lost or damaged licenses is required of the licensee. No other branch or unit of government may impose any additional charges on the licensee for the renewal of the license. Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the Chief of Police. 206.4 LICENSE RENEWAL A licensee may renew a license if the licensee applies for renewal within 90 days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty in addition to the renewal fee (RCW 9.41.070(9)). An active -duty member of the armed forces who is unable to renew his/her license within the prescribed time period because of assignment, reassignment, or deployment for out-of-state military service may renew his/her license by the department -established mail renewal procedures or within 90 days after returning to Washington state. Verification for this concealed pistol license renewal exception is subject to the requirements of RCW 9.41.070. 206.5 TEMPORARY EMERGENCY LICENSE The Chief of Police may issue a temporary emergency license for good cause to an applicant who resides within his/her jurisdiction pending review. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. The Chief of Police shall assure temporary emergency licenses are easily distinguishable from regular licenses (RCW 9.41.070). 206.6 REVOCATION OF LICENSES The Chief of Police shall revoke any license issued pursuant to this policy immediately upon (RCW 9.41.075(1)): (a) Discovery that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Concealed Pistol License - 31 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Concealed Pistol License (b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm. (c) Conviction of the licensee for a third violation of RCW Chapter 9.41 within five calendar years. (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d). (e) Upon notification from the Department of Licensing that the licensee has lost his/her right to possess a firearm as identified in RCW 9.41.047. 206.6.1 INELIGIBILITY Upon discovering a person issued a concealed pistol license was ineligible for the license, the Chief of Police shall contact the Department of Licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, and if the person may not lawfully possess a pistol without a concealed pistol license, the Chief of Police shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The Chief of Police shall require the person to produce the evidence within fifteen days of the revocation of the license (RCW 9.41.075(2)). 206.6.2 FIREARM FORFEITURE When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the Chief of Police shall (RCW 9.41.075(3)): (a) On the first forfeiture, revoke the license for one year. (b) On the second forfeiture, revoke the license for two years. (c) On the third or subsequent forfeiture, revoke the license for five years. Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1) (d) may not reapply for a new license until the end of the revocation period. The Chief of Police shall notify the Department of Licensing in writing of the revocation of a license. 206.7 RECIPROCITY The Chief of Police will recognize the validity of a concealed pistol license issued from another state if the laws of that state recognize and give effect to a concealed pistol license issued under the laws of the State of Washington (RCW 9.41.073). A nonresident so licensed is authorized to carry a concealed pistol in this state if: (a) The licensing state does not issue concealed pistol licenses to persons under twenty- one years of age, and Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Concealed Pistol License - 32 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Concealed Pistol License (b) The licensing state requires mandatory fingerprint -based background checks of criminal and mental health history for all persons who apply for a concealed pistol license, and (c) The Chief of Police will honor such a license only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state. 206.8 RESIDENCY The Chief of Police may issue a license to an applicant if the applicant resides within this City. The Chief of Police may issue a license to nonresident of the state in accordance with these procedures and state law. 206.9 CONFIDENTIAL RECORDS Mental health information received by the Chief of Police pursuant to RCW 9.41.047, RCW 9.41.070, RCW 9.41.090 or RCW 9.41.173 is exempt from disclosure except as provided in RCW 42.56.240 (RCW 9.41.097). Disclosure of information otherwise obtained in the licensing process shall be limited as defined by RCW 42.56.240. 206.10 SUSPENSION OF LICENSES The Chief of Police shall suspend any license issued pursuant to this policy immediately upon notice from the Department of Licensing that the person has been detained under RCW 71.05.150 or RCW 71.05.153 on the grounds that the person presents a likelihood of serious harm due to a mental disorder or substance use disorder (Chapter 247 § 2, 2019 Laws). The license shall remain suspended for a period of six months from the date the person was released from the 72-hour detention or upon notice from the Department of Licensing of a restoration order (Chapter 247 § 1, 2019 Laws; RCW 9.41.047(3)(f)). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Concealed Pistol License - 33 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Cash Funds 207.1 PURPOSE AND SCOPE The department will control funds to assure accountability. 207.2 NARCOTICS FUND Maintained by the TAC Team supervisor. This fund will maintain: (a) a system that identifies initial balance, cash received, cash disbursed, and the balance on hand (b) receipts for cash received (c) supervisor authorization for cash disbursement (d) a record of cash expenditures This fund will be managed by the Investigations Division commander and audited by Finance annually. The audit report will be forwarded to the Chief of Police. 207.3 FRONT OFFICE FUND The Records Division receives payments for the municipal court and city finance when those offices are closed. Receipts will be issued when cash is received for this fund. The cash will be turned over to the appropriate city office each business day. This fund will be audited by the Records Division Supervisor annually. The audit report will be forwarded to the Chief. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Cash Funds - 34 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 3 - General Operations Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. General Operations - 35 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE In a use of force situation, the officers present have the duty to make the scene safe and secure for all involved. If an officer witnesses force that may be excessive, he has a duty to intercede to bring about a safe resolution. If an officer thinks another officer used force that did not appear to be reasonable, he shall report it to a supervisor as soon as practicable. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The "reasonableness" of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 36 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well -reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST An officer may use all means reasonably necessary to effect an arrest if, after notice of the intention to arrest the person, he/she either flees or forcibly resists (RCW 10.31.050). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to: (a) Immediacy and severity of the threat to officers or others. (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The effects of drugs or alcohol. (e) Subject's mental state or capacity. (f) Proximity of weapons or dangerous improvised devices. (g) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h) The availability of other options and their possible effectiveness. (i) Seriousness of the suspected offense or reason for contact with the individual. 0) Training and experience of the officer. (k) Potential for injury to officers, suspects, and others. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 37 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force (1) Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m) The risk and reasonably foreseeable consequences of escape. (n) The apparent need for immediate control of the subject or a prompt resolution of the situation. (o) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p) Prior contacts with the subject or awareness of any propensity for violence. (q) Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department -approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b) An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 38 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly (by the end of shift, unless approved by a supervisor), completely and accurately in a case report and on a Use of Force Report form. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a) The application caused a visible injury. (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of the Conducted Energy Device (CED), OC spray, VNR or other control device. (f) Any application of a restraint device other than handcuffs, shackles or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked. (i) Pointing a firearm directly at an individual. 0) An individual alleges any of the above has occurred. 300.5.2 ANNUAL MANAGEMENT ANALYSIS The commander with oversight of the Use of Force training cadre shall compile the data from use of force report and analyze that data. The intent of the analysis is to identify patterns or trends that could indicate training needs or policy modifications. A report of this analysis shall be prepared for Assistant Chief of Police (see §301). 300.5.3 NOTIFICATION TO INDIAN AFFAIRS When the use of force by an officer results in the death of a person who is an enrolled member of a federally recognized Indian tribe, notification shall be made to the Governor's Office of Indian Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 39 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force Affairs within a reasonable period of time, but not more than 24 hours after the department has good reason to believe the person was an enrolled member. Notice shall include sufficient information for the Governor's Office of Indian Affairs to attempt to identify the deceased person and tribal affiliation (Chapter 4 § 6, Laws of 2019). 300.6 MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on -scene supervisor or, if the on -scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY A supervisor should respond to an incident in which there has been a reported application of force. The supervisor is expected to: (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are offered the opportunity to be examined and treated.lf an injured party refuses to be examined or treated, the refusal should be documented in writing. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 40 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Use of Force (c) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. If a person refuses to allow photographs, the refusal should be documented in writing. (d) The Sergeant or on -duty supervisor shall review the Use of Force report, all applicable video, and the officer narrative prior to making a determination on the use of force. (e) Sergeants shall complete their review within 3 days of learning of the use of force. 1. Exception: A Commander may approve an extension. (f) For cases in which significant force was used or the arrestee was injured: 1. Identify any witnesses not already included in related reports. 2. Determine if there is any indication that the subject may pursue civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 COMMANDER RESPONSIBILITY Commanders shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Use of Force - 41 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Management Analysis of Pursuits, Force, and Internal Affairs 301.1 PURPOSE AND SCOPE The Assistant Chief shall designate the appropriate commander(s) to manage an annual analysis of vehicle pursuits, use of force reports, and formal internal affairs investigations and submit the reports. As a management tool, the Assistant Chief shall analyze the resulting reports and prepare an overall report for the Chief. 301.2 ANALYSIS The Assistant Chief shall collate the data and draw conclusions regarding any possible issues involving: training policy management/personnel issues He will prepare a report and forward it to the Chief of Police. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Management Analysis of Pursuits, Force, and Published with permission by Tukwila Police Department Internal Affairs - 42 Tukwila Police Department Tukwila PD Policy Manual Deadly Force Review 302.1 PURPOSE AND SCOPE This policy establishes a process for the Tukwila Police Department to review the use of deadly force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi -agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. 302.2 POLICY The Tukwila Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 302.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case. 302.4 REVIEW BOARD The Use of Deadly Force Review Board may be convened when the use of force by a member results in very serious injury or death to another. The Use of Deadly Force Review Board may also review the circumstances surrounding every discharge of a Department authorized firearm, whether the employee was on- or off -duty, excluding authorized euthanization of an injured animal, training or recreational use. The Assistant Chief will convene the Use of Deadly Force Review Board as necessary. The involved employee's Division Commander or supervisor will ensure that all relevant reports, documents and materials are available for consideration and review by the board. 302.4.1 COMPOSITION OF THE BOARD The Assistant Chief may select Use of Deadly Force Review Board members as appropriate. Board members may include: • Commander • Supervisor • Training Officer • An Officer • A sworn peace officer from an outside law enforcement agency Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Deadly Force Review - 43 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Deadly Force Review Department instructor for the type of weapon, device or technique used Any other subject matter expert as needed. The Commander will serve as chairperson. 302.4.2 RESPONSIBILITIES OF THE BOARD The Use of Deadly Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident, but it is not the investigative body. The board members may request further investigation, request reports be submitted for the board's review and work with the investigator(s). The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges, the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force. The board shall make one of the following recommended findings: (a) The employee's actions were within department policy and procedure. (b) The employee's actions were in violation of department policy and procedure. The Assistant Chief of Police shall review thefinding and recommendation. His finding and recommendations will then be forwarded to the Chief for final disposition. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Deadly Force Review - 44 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Handcuffing and Restraints 303.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 303.2 POLICY The Tukwila Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 303.3 USE OF RESTRAINTS Only members who have successfully completed Tukwila Police Department -approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include but are not limited to: • The circumstances or crime leading to the arrest. • The demeanor and behavior of the arrested person. • The age and health of the person. • Whether the person is known to be pregnant. • Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. • Whether the person has any other apparent disability. 303.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 303.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner available and reasonable under the circumstances, but in no case shall leg irons or waist chains be used. Handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure herself or others, or damage property (RCW 70.48.500). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Handcuffing and Restraints - 45 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Handcuffing and Restraints When the person is in labor no restraints of any kind shall be used. This does not prohibit a treating physician licensed under Title 18 RCW from requesting the use of hospital restraints for the medical safety of the person (RCW 70.48.500). 303.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer or damage property. Members who are school resource officers should only use restraints on a student participating in school -sponsored instruction or activity when there is an imminent likelihood of serious harm and pursuant to the school policy for students and staff (RCW 28A.600.485). 303.3.4 NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail. 303.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed regardless of the circumstances. In most situations handcuffs should be applied with the hands behind the person's back. When feasible, handcuffs should be double -locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the person or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 303.5 APPLICATION OF SPIT HOODS Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Handcuffing and Restraints - 46 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Handcuffing and Restraints Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or distorting that person's vision. Officers should avoid commingling those wearing spit hoods with others and detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated including hair, head, and clothing, prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 303.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only department -authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 303.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest, or transportation. Only restraint devices approved by the department shall be used. In determining whether to use the leg restraint, officers should consider: (a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a person. (b) Whether it is reasonably necessary to protect the person from his/her own actions (e.g., hitting his/her head against the interior of the patrol vehicle, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol vehicle). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Handcuffing and Restraints - 47 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Handcuffing and Restraints 303.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints, the following guidelines should be followed: (a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. (b) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. (d) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e) The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f) When transported by emergency medical services, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration). 303.8 REQUIRED DOCUMENTATION If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints in a case report. If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report. Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person: (a) The factors that led to the decision to use restraints. (b) Supervisor notification and approval of restraint use. (c) The types of restraint used. (d) The amount of time the person was restrained. (e) How the person was transported and the position of the person during transport. (f) Observations of the person's behavior and any signs of physiological problems. (g) Any known or suspected drug use or other medical problems. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Handcuffing and Restraints - 48 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Handcuffing and Restraints 303.8.1 SCHOOL RESOURCE OFFICERS Members working as school resource officers shall prepare a report pursuant to RCW 28A.600.485 and provide a copy to the school administrator whenever a student is restrained in a room or other enclosure or restrained by handcuffs or other restraint devices during school -sponsored instructions or activities. 303.9 TRAINING Subject to available resources, the Training Officer should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including: (a) Proper placement and fit of handcuffs and other restraint devices approved for use by the Department. (b) Response to complaints of pain by restrained persons. (c) Options for restraining those who may be pregnant without the use of leg irons, waist chains, or handcuffs behind the body. (d) Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Handcuffing and Restraints - 49 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Control Devices and Techniques 304.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 304.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Tukwila Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 304.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department -approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 304.4 RESPONSIBILITIES 304.4.1 SHIFT SUPERVISOR RESPONSIBILITIES The Shift Sergeant may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 304.4.2 INVENTORY CONTROL RESPONSIBILITIES The Use of Force Instructor Cadre shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the issuing authority or the designated instructor for a particular control device. The inspection shall be documented. 304.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Control Devices and Techniques - 50 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Control Devices and Techniques Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the issuing authority for disposition. 304.5 IMPACT WEAPON GUIDELINES The head, neck and throat should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non -field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 304.6 LAUNCHED CHEMICAL WEAPON GUIDELINES Launched chemical munitions may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Chief of Police or his designee may authorize the delivery and use of any launched chemical munitions. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of launched chemical munitions to control any fires and to assist in providing medical aid or gas evacuation if needed. 304.6.1 POST APPLICATION NOTICE Whenever chemical irritant has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner's expense. Information regarding the method of notice and the individuals notified should be included in related reports. 304.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray may be considered for use to bring under control and individual or groups of individuals who are engaging in, or are about to engage in, violent or criminal behavior. Other options should be considered before OC spray. The need to immediately disperse a crowd should be balanced with the necessity to minimize disruption to commerce and other critical infrastructure and community care taking functions. If time and the totality of the situation permits, it is reasonable for the on -duty supervisor or the Incident Commander to consult with the CDO prior to using OC in a crowd control setting. 304.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non -field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Control Devices and Techniques - 51 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Control Devices and Techniques 304.7.2 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 304.8 VASCULAR NECK RESTRAINT (VNR) The Tukwila Police Department recognizes the use of Vascular Neck Restraint (VNR) as an effective method for establishing restraint and control of resistive people. The level of application is guided by the degree of resistance offered by the subject toward the police or public in the moments leading to the application. The VNR is the only neck restraint technique approved for less -lethal application. Any other neck restraint or airway restricting technique may be used as a lethal force technique. Officers must be trained in the VNR prior to use as described above. Untrained officers may use VNR as a lethal force technique only. With every application of VNR, officers are required to provide the appropriate medical aid in accordance with policy. If any type of compression was used, Fire Department Aid will be called for medical evaluation. If the subject has been rendered unconscious to any degree, Fire Department Aid or Medics shall be called. The subject will be continually monitored for two hours to assure he does not develop a life -threatening medical condition. Any application of VNR will be documented in a Use of Force report and a case report. 304.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 304.9.1 DEPLOYMENT AND USE Only department -approved kinetic energy munitions shall be carried and deployed. Operators will confirm the ammunition is appropriate for the application before each round is fired. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b) The suspect has made credible threats to harm him/herself or others. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Control Devices and Techniques - 52 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Control Devices and Techniques (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 304.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a) Distance and angle to target. (b) Type of munitions employed. (c) Type and thickness of subject's clothing. (d) The subject's proximity to others. (e) The location of the subject. (f) Whether the subject's actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer's recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 304.10 TRAINING FOR CONTROL DEVICES The Training Officer shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a) Proficiency training shall be monitored and documented by a certified, control -device weapons or tactics instructor. (b) All training and proficiency for control devices will be documented in the officer's training file. (c) Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Control Devices and Techniques - 53 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Control Devices and Techniques demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. Operators shall be recertified at least every other year. 304.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Control Devices and Techniques - 54 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines 305.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of Conducted Energy Device (CED)s. 305.2 POLICY The CED is intended to control an individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 305.3 ISSUANCE AND CARRYING CEDS Only members who have successfully completed department approved training may be issued and carry the CED. Officers shall only use the CED and cartridges that have been issued by the Department. Uniformed officers who have been issued the CED shall wear the device in an approved holster on their person. Members carrying the CED should perform a spark test on the unit prior to every shift. When carried while in uniform officers shall carry the CED in a holster on the side opposite the duty weapon. CED's shall be carried in an approved holster. They shall not be carried in a soft uniform pocket. (a) All CEDs shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. (b) Whenever practicable, officers should carry two or more cartridges on their person when carrying the CED. (c) Officers shall be responsible for ensuring that their issued CED is properly maintained and in good working order. (d) Officers should not hold both a firearm and the CED at the same time. 305.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the CED may be deployed. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 55 Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the CED in the related report. 305.5 USE OF THE CED The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely approach the subject within the operational range of the device. Although the CED is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 305.5.1 APPLICATION OF THE CED Officer's may use CED's inthe following circumstances: (a) When a subject causes an immediate threat of harm to the officer or others; or (b) When public safety interests dictate that a subject needs to be taken into custody, and the level of resistance presented by the subject is likely to cause injury to the officer or the subject if hands-on control tactics are used. Mere flight from a pursuing officer without other known circumstances or factors, is not good cause for the use of the CED to apprehend an individual. 305.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the CED on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: (a) Individuals who are known to be pregnant. (b) Elderly individuals or obvious juveniles. (c) Individuals with obviously low body mass. (d) Individuals who are handcuffed or otherwise restrained. (e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol -based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). Because the application of the CED in the drive -stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive -stun mode generally should be limited to supplementing the probe -mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 56 Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines The CED shall not be used to psychologically torment, elicit statements or to punish any individual. 305.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the CED probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 305.5.4 MULTIPLE APPLICATIONS OF THE CED Officers should apply the CED for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the CED against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of the CED appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the CED, including: (a) Whether the probes are making proper contact. (b) Whether the individual has the ability and has been given a reasonable opportunity to comply. (c) Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one CED at a time against a single subject. 305.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers shall notify a supervisor of all CED discharges. The expended cartridge, along with both probes, should be submitted into evidence. The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 305.5.6 DANGEROUS ANIMALS The CED may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 305.5.7 OFF -DUTY CONSIDERATIONS Officers are not authorized to carry department CEDs while not working. Officers shall ensure that CEDs are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 57 Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines 305.6 DOCUMENTATION Officers shall document all CED discharges on a Use of Force Report form and in a case report. 305.6.1 CED FORM The Defensive Tactics cadre should periodically analyze the report forms to identify trends, including deterrence and effectiveness. 305.6.2 REPORTS The officer should include the following in the case report: (a) Actions of the suspect necessitating CED use (b) Identification of all personnel firing CEDs (c) Identification of all witnesses (d) Medical care provided to the subject (e) Observations of the subject's physical and physiological actions (f) Any known or suspected drug use, intoxication or other medical problems 305.7 MEDICAL TREATMENT In most cases, an officer will remove the CED probes from the subject in accordance with training. If the probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck), the subject will be transported to an appropriate medical facility for probe removal. All persons who have been struck by CED probes or who have been subjected to the direct application of the device shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The person is suspected of being under the influence of controlled substances and/ or alcohol. (b) The person may be pregnant. (c) The person reasonably appears to be in need of medical attention. (d) The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). (e) The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be medically evaluated prior to booking. If any individual refuses medical attention, aid will be called regardless and such a refusal should be witnessed by medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 58 Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CED. 305.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated. A supervisor should review each incident where a person has been exposed to an activation of the CED. Photographs of probe sites should be taken and witnesses interviewed. 305.9 TRAINING Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial department -approved training. Any personnel who have not carried the CED as a part of their assignment for a period of one year or more shall be recertified by a department - approved CED instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Defensive Tactics cadre. All training and proficiency for CEDs will be documented in the officer's training file. Command staff, supervisors and investigators should receive CED training as appropriate for the investigations they conduct and review. Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. Application of CEDs during training could result in injury to personnel and should not be mandatory for certification. If a person volunteers to have the CED applied to them for training, they must first complete a liability waiver. The Defensive Tactics cadre should ensure that all training includes: (a) A review of this policy. (b) A review of the Use of Force Policy. (c) Performing weak -hand draws or cross -draws to reduce the possibility of accidentally drawing and firing a firearm. (d) Target area considerations, to include techniques or options to reduce the accidental application of probes near the head, neck, chest and groin. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 59 Tukwila Police Department Tukwila PD Policy Manual Conducted Energy Device (CED) Guidelines (e) Handcuffing a subject during the application of the CED and transitioning to other force options. (f) De-escalation techniques. (g) Restraint techniques that do not impair respiration following the application of the CED. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Conducted Energy Device (CED) Guidelines - Published with permission by Tukwila Police Department 60 Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths 306.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of a member -involved shooting or dies as a result of other action of a member. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy. 306.2 TYPES OF INVESTIGATIONS Member -involved shootings involve several separate investigations. The investigations may include: (a) A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. This department may relinquish its criminal investigation to an outside agency with the approval of the Chief of Police or designee. (b) A criminal investigation of the member(s) conducted by an outside agency. (c) An administrative investigation conducted by the involved member's agency, to determine if there were any violations of department policy. 306.3 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of a member -involved shooting or death. 306.3.1 DUTIES OF INITIAL ON SCENE SUPERVISOR Upon arrival at the scene of a member -involved shooting, the first uninvolved supervisor or designated acting supervisor should: (a) Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals. (b) Secure the scene and identify and eliminate hazards for all those involved. (c) If necessary, the supervisor may administratively order any member from this department to immediately provide public safety information necessary to secure the scene and pursue suspects 1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, identity of known witnesses and similar information. Supervisors should use VIT protocol (TPD Public Safety Statement Card). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 61 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths (d) Attempt to obtain a brief overview of the situation from any non -shooter member(s). 1. In the event that there are no non -shooter members, the supervisor should attempt to obtain a brief voluntary overview from one involved member. (e) Absent a voluntary statement from any involved member(s), the initial on scene supervisor should not order any member to provide a statement other than public safety information. (f) Provide all available information to the CDO. (g) Take command of and secure the incident scene with additional personnel until relieved by a member of administration. (h) As soon as practical, involved members should respond or be transported (separately, if feasible) to the station for further direction. (i) 1. Each involved member should be given an administrative order not to discuss the incident with other involved members pending further direction from a supervisor. 2. When a member's weapon is taken or left at the scene (e.g., evidence), the member will be provided with a comparable replacement weapon as soon as pratical and transported to the station by other members. 306.3.2 NOTIFICATIONS The following person(s) shall be notified as soon as practical: • CDO • Member representative (if requested) • Deputy Chief of Police • Chief of Police All outside inquiries about the incident shall be directed to the CDO. 306.3.3 INVOLVED OFFICERS Once the involved member(s) have arrived at the station, the Shift Sergeant should advise each member that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved member(s): Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 62 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths (a) Any reasonable request for department or legal representation will be accommodated. Involved members shall be administratively ordered not to discuss the shooting amongst themselves or in a group with an attorney or any representative prior to providing a formal interview or report. (b) Discussions with licensed attorneys will be considered privileged as attorney -client communications. (c) Discussions with department representatives (e.g., employee bargaining unit) will be privileged only as to the discussion of non -criminal information. (d) A licensed psychotherapist shall be provided by the Department to each involved TPD member. A licensed psychotherapist may also be provided to any other affected TPD member(s), upon request. 1. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the member is or is not fit for return to duty. 2. An interview or session with a licensed psychotherapist may take place prior to the involved member providing a formal interview or report, but the involved member shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. 3. Requests from non-TPD members should be referred to their employing agency. (e) The Department will consider communications between qualified peer counselors and involved members to be privileged (RCW 5.60.060). Care should be taken to preserve the integrity of any physical evidence present on the involved member, equipment or clothing (e.g., blood, fingerprints, etc.) until investigators or lab personnel can properly retrieve it. Each involved member shall be given reasonable administrative leave following a member - involved shooting or death. 306.4 THE SHOOTING INCIDENT CRIMINAL INVESTIGATION 306.4.1 DETECTIVE PERSONNEL Once notified of a member -involved shooting, it shall be the responsibility of the CDO, Investigations Division Commander, or Chief of Police to assign appropriate detective personnel to handle the investigation. All related departmental reports except administrative and/or privileged reports will be forwarded to the designated detective supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Division Commander. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 63 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths 306.4.2 CRIMINAL INVESTIGATION The Chief may utilize an outside agency to conduct an independent criminal investigation into the circumstances of any member -involved shooting involving injury or death. If available, detective personnel from this department may be assigned to liaison with investigators from the outside agency. Once public safety issues have been addressed, investigators will be given the next opportunity to interview involved members. The following shall be considered for the involved member: (a) If requested, any involved member will be afforded the reasonable opportunity to consult individually with a representative of his/her choosing or an attorney, prior to speaking with criminal investigators. However, in order to maintain the integrity of each individual member's statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (b) Any voluntary statement provided by the involved member(s) will be made available for inclusion in the administrative or other related investigations. (c) Absent consent from the involved member or as required by law, no administratively compelled statement(s) will be provided to any criminal investigators. 306.4.3 REPORTS BY INVOLVED MEMBERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved members to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. While the involved member may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved members as victims/ witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved members should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved members in other reports. Nothing in this section shall be construed to deprive an involved member of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the member -involved shooting. 306.4.4 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to a member -involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 64 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths (a) Identify all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. Members should seek consent to record such statements whenever possible. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, members should attempt to identify the witness prior to his/her departure. (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a statement. Such witnesses, if willing, may be transported by department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c) Available personnel should be assigned to promptly contact the suspect's family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to contact with members. 306.5 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with a member -involved shooting or death, this department will ensure an internal administrative investigation is conducted to determine conformance with department policy. (a) Any member involved in a shooting or death may be administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the member, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b) If any member has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved member. 1. If a further interview of the member is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved member shall be provided with a copy of his or her prior statement before proceeding with any subsequent interview(s). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 65 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths (c) In the event that an involved member has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the members'(s) physical and psychological needs have been addressed before commencing the interview. 2. If requested, the member shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual member's statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. 3. Administrative interview(s) should be recorded by the investigator (the member may also record the interview). 4. **The member shall be informed of all constitutional "Miranda" rights and, assuming no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions. The member shall be informed, however, that the interview will be for administrative purposes only and that the statement cannot be used criminally (The Garrity admonishment).** 5. The administrative investigation/report shall be stored in the Internal Investigations files. 6. **The completed administrative investigation shall be submitted to the Use of Deadly Force Review Board (if convened), which will restrict its findings as to whether there was compliance with the Department use of deadly force policy.** 7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 306.5.1 CIVIL LIABILITY RESPONSE A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations. 306.6 AUDIO AND VIDEO RECORDINGS Any member involved in an incident may be permitted to review available Mobile Audio Video (MAV) or other video or audio recordings prior to providing a recorded statement or completing reports. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 66 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths Any MAV and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecutor's office or the City Attorney's Office as appropriate. 306.7 AUDIO AND VIDEO RECORDINGS Any member involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body -worn video, or other video or audio recordings prior to providing a recorded statement or completing reports. Upon request, non -law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body -worn video, or other video or audio recordings with the approval of assigned investigators or a supervisor. Any MAV, body -worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney's Office, as appropriate. 306.8 DEBRIEFING Following a member -involved shooting or death, the Tukwila Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. 306.8.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Professional Standards Unit Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress -related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., dispatcher, other non -sworn). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory, and investigating personnel. 306.8.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 67 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer -Involved Shootings and Deaths 306.9 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Shift Sergeant, Major Crimes Unit Division Commander and Public Information Officer in the event of inquiries from the media. No involved TPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Division Commander. Department members receiving inquiries regarding member -involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Officer -Involved Shootings and Deaths - 68 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms 307.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance, and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer -Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 307.2 POLICY The Tukwila Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well -armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 307.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member's Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 307.3.2 PATROL RIFLES The authorized department -issued patrol rifle is the AR-15 and similar variants. Personally owned patrol rifles may be authorized for use by the Chief of Police or authorized designee. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at longer ranges. (c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 69 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms (d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor. (g) When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured in a locking weapons rack in the patrol vehicle with the chamber empty, magazine loaded and inserted into the magazine well, the bolt forward with the dust cover closed, and the selector lever in the safe position, unless a chamber flag is inserted. 307.3.3 AUTHORIZED OFF -DUTY FIREARMS The carrying of firearms by members while off -duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off -duty, based on their authority as peace officers, will be required to meet the following guidelines: (a) A personally owned or department issued firearm may be used. (a) The purchase of the personally owned firearms shall be the responsibility of the member. (b) When armed, officers shall carry their Tukwila Police Department identification cards under circumstances requiring possession of such identification. 307.3.4 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a) The handgun shall be in good working order and on the department list of approved firearms. (b) Only one secondary handgun may be carried at a time. (c) The purchase of the handgun shall be the responsibility of the member unless the handgun is provided by the Department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall bedepartment issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 70 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms (h) Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Rangemaster, who will maintain a list of the information. 307.3.5 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written approval from the Chief of Police or the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions: (a) The firearm shall be in good working order and on the department list of approved firearms. (b) The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the firearm functions properly. (d) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. 307.3.6 AMMUNITION Members shall carry only department authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department -issued firearms during the member's firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Firearms Training Cadre when needed, in accordance with established policy. 307.3.7 SAFETY CONSIDERATIONS (a) Officers shall not unnecessarily display or handle any firearm. At all times, the four universal firearms safety rules will be followed: 1. All firearms are always loaded 2. Never let the muzzle cover anything you are not willing to destroy 3. Keep your finger off the trigger until your sights are on the target and you are ready to fire 4. Be sure of your target and what is behind and beyond it (b) While at the range, officers shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the firearms training cadre. (c) While at the station, officers shall clear their weapon in a clearing barrel before cleaning, repairing, or unloading. Chambering a round shall also be done at a clearing barrel. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 71 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms (d) Weapons that must be cleared, loaded or unloaded when a clearing barrel is not available shall be pointed at an object that could safely absorb an accidental discharge. (e) Officers shall not place or store any firearm or other weapon on Department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing a prisoner, but shall place all firearms in a secured location. (f) Any weapon authorized by the Department to be carried on- or off -duty, that is found by the officer to be malfunctioning or needing service, shall not be carried. It shall be promptly presented to the Rangemaster or an armorer for inspection. Any weapon determined to be in need of service or repair during an inspection by the Rangemaster, will be immediately removed from service. If the weapon is the officer's primary duty weapon, a replacement weapon will be issued to the officer until the duty weapon is serviceable. 307.3.8 STORAGE AT HOME Members shall ensure that all department owned firearms and ammunition are locked and secured while in their homes, vehicles, or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department firearms to be handled by anyone not authorized by the department to do so. Members should be aware that negligent storage of a firearm could result in civil liability. 307.3.9 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on or off duty, who has consumed an amount of an alcoholic beverage, taken any drugs, or has any combination thereof that would tend to affect the member's senses or judgement. 307.3.9 HANDGUNS The authorized department issued handguns approved for on -duty use are: MAKE Glock Glock Glock Smith & Wesson Sig Sauer MODEL 17, 34, 43, 45, 48 22, 23, 35 21,41 M&P Series P320 CALIBER 9mm 40cal 45cal 9mm, 40cal, 45cal 9mm,40cal Any firearm not on this list shall be approved by the Chief's office prior to using on -duty. 307.4 EQUIPMENT Firearms carried on- or off -duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 72 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms 307.4.1 HOLSTERS Only department approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 307.4.2 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the Rangemaster. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 307.4.3 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off -duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Iron sights will be maintained as a back-up, and the optical system must be field removable without tools, or mounted in such a manner that it can be used with the iron sights. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 307.5 FIREARMS QUALIFICATIONS All sworn personnel are required to attend quarterly training. All sworn personnel must qualify with their duty weapon annually on an approved range course. The Rangemaster shall keep accurate records of qualifications, repairs, maintenance, training or as directed by the Professional Standards Unit. In addition to regular qualification schedules, the Rangemaster shall be responsible for providing all sworn personnel with annual practical training designed to simulate field situations. At least annually, all personnel carrying a firearm will receive training on the department Use of Force policy and demonstrate their knowledge and understanding. 307.5.1 NON QUALIFICATION If any member is unable to qualify for any reason, including injury, illness, duty status, or scheduling conflict, that member shall notify, in writing, his/her immediate supervisor prior to the end of the scheduled range day. Any firearms instructor will notify the firearms supervisor of any non - qualifications. The firearms supervisor will notify the Chief via the Chain of Command and develop a remedial plan. Members shall be required to successfully qualify once per year with their authorized duty handgun, authorized duty rifle, and authorized secondary or backup weapon.Members shall attempt to qualify with "cold barrel" firearm and shall be responsible to meet the minimum firearms qualification standards at any time during firearms training. Department minimum firearms Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 73 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms standards are defined as achieving minimum passing score on a designated weapons certifcation or qualification course. Members who do not qualify on their first attempt shall receive immediate remedial training from the Department Firearms Instructor/s and then re -tested on the qualification course with that weapon.The length of remedial training shall be determined by a Department Firearms Instructor of Firearms Supervisor. Members who do not qualify on their second attempt shall be given additional remedial training with the Depratment Firearms Instructor/s with that weapon and shall be re -tested on the qualification course within 30 days of the second failure to qualify.The Chief of Police will be notified through the Chain of Command if the member is unable to improve their firearms skill to meet department minimum standards.The member may be temporarily re -assigned to administrative duties as directed by the Chief of Police until a successful firearms qualification standard has been met. Members who do not qualify a third time within a twelve month period or fails to meet required department certification or qualification shall not be permitted to carry that weapon while acting in an official capacity as a Tukwila Police Officer. Failure by any member to meet department minimum firearms standards twice within a twelve month period will result in notification of the Chief of Police for review. 307.6 FIREARM DISCHARGE Except during training , any member who discharges a firearm intentionally or unintentionally, onduty, shall notify his/her supervisor as soon as circumstances permit. The member shall be ordered to provide a written report regarding the circumstances of the discharge. If the discharge results in injury or death to another person, statements and reports shall be made in accordance with the Officer -Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the I reporting requirements set forth in the Use of Force Policy. 307.6.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, CED, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 74 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms 307.6.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 307.6.3 WARNING AND OTHER SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective and reasonably safe. 307.7 RANGEMASTER DUTIES The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Training Officer after each range date. Failure of any officer to sign in and out with the Rangemaster may result in non -participation or non - qualification. The range shall remain operational and accessible to department members during hours established by the Department. The Rangemaster has the responsibility of making periodic inspections, at least once a year, of all duty weapons carried by officers of this department to verify proper operation. The Rangemaster has the authority to deem any department -issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm; it will not be returned to service until inspected and approved by the Rangemaster. The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Rangemaster shall complete and submit to the Training Officer documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Officer. 307.8 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 75 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms (b) Officers must carry their Tukwila Police Department identification card, bearing the officer's name, a full -face photograph, identification number, the officer's signature and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport). (c) The Tukwila Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Tukwila Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer's need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department -appointed instructor. (f) It is the officer's responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check -in at the carrier's check -in counter. (g) Any officer flying while armed should discreetly contact the flight crew prior to take -off and notify them of his/her assigned seat. (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry -on luggage and may not be stored in an overhead compartment. (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 307.8.1 REPAIR OR MODIFICATIONS OF DEPARTMENT OWNED WEAPONS The Rangemaster or armorer shall be the only person authorized to repair or modify any department -owned weapon. All repairs and/or modifications of department -owned weapons not performed by the Rangemaster must be approved in advance by the Rangemaster and accomplished by a department -approved gunsmith. Most repairs or modifications to the officer's personally owned weapon shall be done at his/her expense and must be approved by the Rangemaster. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 76 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Firearms 307.9 CARRYING FIREARMS OUT OF STATE Qualified active full-time officers and qualified retired officers (see Retired Officer Firearms Certificate Policy) of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC 92613; 18 USC 926C): (a) The officer shall carry his/her Department identification whenever carrying such weapon. (b) The officer is not the subject of any current disciplinary action restricting her or her ability to carry. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d) The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Visiting active and retired peace officers from other states are subject to all requirements set forth in 18 USC 926B and 18 USC 926C. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Firearms - 77 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits 308.1 PURPOSE AND SCOPE This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public and fleeing suspects (RCW 43.101.226(3)). 308.1.1 DEFINITIONS Definitions related to this policy include: Blocking or vehicle intercept - A slow -speed coordinated maneuver where two or more pursuing vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop. The goal is containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing -in - A tactic designed to stop a suspect's vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Pursuit Intervention Technique (PIT) - A low -speed maneuver designed to cause the suspect vehicle to spin out, stall and come to a stop. Ramming - The deliberate act of contacting a suspect's vehicle with another law enforcement vehicle to functionally damage or otherwise force the suspect's vehicle to stop. Roadblocks - A tactic designed to stop a suspect's vehicle by intentionally placing a law enforcement vehicle or other immovable object in the path of the suspect's vehicle. Terminate - To discontinue a pursuit or stop chasing fleeing vehicles. Tire deflation device - A device designed to puncture the tires of the pursued vehicle. Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of participation in the pursuit. Vehicle pursuit - An event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a vehicle by using high- speed driving or other evasive tactics, such as driving off a highway, turning suddenly or driving in a legal manner but willfully failing to yield to an officer's emergency signal to stop. 308.2 POLICY It is the policy of this department to weigh the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits. 308.3 PURSUITS NOT AUTHORIZED Pursuits for traffic violations, misdemeanors, gross misdemeanors and property crimes, alone, are prohibited; the infraction or criminal act will not, by itself constitute justification for a pursuit, Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 78 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits barring extraordinary circumstances. Examples of extraordinary circumstances include, but are not limited to the display of a weapon, or any situation where the suspect creates a clear danger to others. The extraordinary circumstance must be present prior to the time that a pursuit is initiated. 308.4 OFFICER RESPONSIBILITIES Vehicle pursuits shall only be conducted using authorized police department emergency vehicles that are equipped with and displaying emergency lighting and sirens as required by law. Officers shall drive with due regard for the safety of all persons and property. However, officers may, when in pursuit of a suspect and provided there is no unreasonable risk to persons and property (RCW 46.61.035): (a) Proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation. (b) Exceed the speed limit. (c) Disregard regulations governing parking, direction of movement or turning in specified directions. 308.4.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect, who has been given an appropriate signal to stop by a law enforcement officer, is attempting to evade arrest or detention by fleeing in a vehicle. Factors that shall be considered, both individually and collectively, when deciding to initiate or continue a pursuit include, but are not limited to: (a) The seriousness of the known or reasonably suspected crime and its relationship to community safety. (b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c) The safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic (e.g., school zones) and the speed of the pursuit relative to these factors. (d) The pursuing officers' familiarity with the area of the pursuit, the quality of radio communications between the pursuing vehicles and the dispatcher/supervisor, and the driving capabilities of the pursuing officers under the conditions of the pursuit. (e) Whether weather, traffic and road conditions unreasonably increase the danger of the pursuit when weighed against the risks resulting from the suspect's escape. (f) Whether the identity of the suspect has been verified and whether there is comparatively minimal risk in allowing the suspect to be apprehended at a later time. (g) The performance capabilities of the vehicles used in the pursuit in relation to the speed and other conditions of the pursuit. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 79 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits (h) Emergency lighting and siren limitations on unmarked police department vehicles that may reduce visibility of the vehicle, such as visor or dash -mounted lights, concealable or temporary emergency lighting equipment and concealed or obstructed siren positioning. (i) Vehicle speeds. Q) Other persons in or on the pursued vehicle (e.g., passengers, co -offenders and hostages). (k) The availability of other resources, such as air support assistance. (1) Whetherthe pursuing vehicle is carrying passengers otherthan on -duty police officers. Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless exigent circumstances exist, and then only after the need to apprehend the suspect is weighed against the safety of the arrestee in transport. A vehicle containing more than a single arrestee should not be involved in a pursuit. 308.5 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect(s)' escape. The factors listed in WHEN TO INITIATE A PURSUIT are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to continue a pursuit. In the context of this policy, the term "terminate" shall be construed to mean discontinue or to stop chasing the fleeing vehicle(s). In addition to the factors listed in WHEN TO INITIATE A PURSUIT the following factors should also be considered in deciding whether to terminate a pursuit: (a) Distance between the pursuing officers and the fleeing vehicle(s) is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/or distance. (b) Pursued vehicle's location is no longer definitely known. (c) Officer's pursuit vehicle sustains any type of damage that renders it unsafe to drive. (d) Extended pursuits of violators not involving violence or risk of serious harm (independent of the pursuit) are discouraged. (e) Hazards to uninvolved bystanders or motorists. (f) If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g) Directed by a supervisor. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 80 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits 308.6 PURSUIT VEHICLES When involved in a pursuit, unmarked police department emergency vehicles should be replaced by marked emergency vehicles whenever practicable. Vehicle pursuits should be limited to three police department emergency vehicles (two pursuit vehicles and the supervisor vehicle). However, the number of vehicles involved will vary with the circumstances. An officer or supervisor may request that additional vehicles join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the number of suspects. All other officers shall stay out of the pursuit but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the pursuit termination point at legal speeds, following the appropriate rules of the road. 308.6.1 VEHICLES WITHOUT EMERGENCY EQUIPMENT Officers operating vehicles not equipped with emergency lights and siren are prohibited from initiating or joining in any pursuit. Officers in such vehicles may provide support to pursuing vehicles as long as the vehicle is operated in compliance with all traffic laws. Those officers should discontinue such support immediately upon arrival of a sufficient number of authorized emergency police department vehicles or any air support. 308.6.2 PRIMARY PURSUIT VEHICLE RESPONSIBILITIES The initial pursuing officer will be designated as the primary pursuit vehicle and will be responsible for the conduct of the pursuit unless he/she is unable to remain reasonably close to the suspect's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspect without unreasonable danger to him/herself or others. The primary pursuing officer should notify the dispatcher, commencing with a request for priority radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable provide information including, but not limited to: (a) The location, direction of travel and estimated speed of the suspect's vehicle. (b) The description of the suspect's vehicle including the license plate number, if known. (c) The reason for the pursuit. (d) The use of firearms, threat of force, violence, injuries, hostages or other unusual hazards. (e) The number of occupants and identity or description. (f) The weather, road and traffic conditions. (g) The need for any additional resources or equipment. (h) The identity of other law enforcement agencies involved in the pursuit. Until relieved by a supervisor or a secondary pursuing officer, the officer in the primary pursuit vehicle shall be responsible for broadcasting the progress of the pursuit. Unless circumstances Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 81 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable, relinquish the responsibility of broadcasting the progress of the pursuit to an officer in a secondary pursuit vehicle or to air support joining the pursuit to minimize distractions and allow the primary pursuing officer to concentrate foremost on safe pursuit tactics. 308.6.3 SECONDARY PURSUIT VEHICLE RESPONSIBILITIES The second officer in the pursuit will be designated as the secondary pursuit vehicle and is responsible for: (a) Immediately notifying the dispatcher of his/her entry into the pursuit. (b) Remaining a safe distance behind the primary pursuit vehicle unless directed to assume the role of primary pursuit vehicle or if the primary pursuit vehicle is unable to continue the pursuit. (c) Broadcasting information that the primary pursuing officer is unable to provide. (d) Broadcasting the progress of the pursuit, updating known or critical information and providing changes in the pursuit, unless the situation indicates otherwise. (e) Identifying the need for additional resources or equipment as appropriate. (f) Serving as backup to the primary pursuing officer once the suspect has been stopped. 308.7 PURSUIT DRIVING The decision to use specific driving tactics requires the same assessment of the factors the officer considered when determining whether to initiate and/or terminate a pursuit. The following are tactics for officers who are involved in the pursuit: (a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to unusual maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered: 1. Available officers not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2. Pursuing officers should exercise due caution and slow down as may be necessary when proceeding through controlled intersections. (c) As a general rule, officers should not pursue a vehicle driving the wrong direction on a roadway, highway or freeway. In the event the pursued vehicle does so, the following tactics should be considered: 1. Request assistance from available air support. 2. Maintain visual contact with the pursued vehicle by paralleling the vehicle while driving on the correct side of the roadway. 3. Request other officers to observe exits available to the suspect. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 82 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits (d) Notify the Washington State Patrol or other law enforcement agency if it appears that the pursuit may enter its jurisdiction. (e) Officers involved in a pursuit should not attempt to pass other pursuing vehicles unless the situation indicates otherwise or they are requested to do so by the pursuing officer and with a clear understanding of the maneuver process between the involved officers. 308.7.1 OFFICERS NOT INVOLVED IN THE PURSUIT Officers who are not involved in the pursuit should remain in their assigned areas, should not parallel the pursuit route and should not become involved with the pursuit unless directed otherwise by a supervisor. Uninvolved officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Those officers should attempt to place their vehicles in locations that provide some safety or an escape route in the event of an unintended collision or if the suspect intentionally tries to ram the policedepartment vehicle. Non -pursuing members needed at the pursuit termination point should respond in a nonemergency manner, observing the rules of the road. The primary pursuit vehicle, secondary pursuit vehicle and supervisor vehicle should be the only vehicles operating under emergency conditions (emergency lights and siren) unless other officers are assigned to the pursuit. 308.8 SUPERVISORY CONTROL AND RESPONSIBILITIES Available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor, will be responsible for: (a) Immediately notifying involved officers and the dispatcher of supervisory presence and ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit. This is to ensure that the pursuit is conducted within established department guidelines. (b) Engaging in the pursuit, when appropriate, to provide on -scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. (d) Ensuring that no more than the required law enforcement vehicles are involved in the pursuit under the guidelines set forth in this policy. (e) Directing that the pursuit be terminated if, in his/her judgment, it is not justified to continue the pursuit under the guidelines of this policy. (f) Ensuring that assistance from air support, canines or additional resources is requested, if available and appropriate. (g) Ensuring that the proper radio channel is being used. (h) Ensuring that the Shift Sergeant is notified of the pursuit, as soon as practicable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 83 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits (i) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this department. (j) Controlling and managing Tukwila Police Department officers when a pursuit enters another jurisdiction. (k) Preparing a post -pursuit report. 308.8.1 SHIFT SERGEANT RESPONSIBILITIES Upon becoming aware that a pursuit has been initiated, the Shift Sergeant should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Shift Sergeant has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall command. The Shift Sergeant shall review all pertinent reports for content and forward them to the Division Commander. 308.9 VALLEYCOM If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, involved officers should, whenever available, switch radio communications to a tactical or emergency channel most accessible by participating agencies. 308.9.1 RESPONSIBILITIES Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible for: (a) Clearing the radio channel of nonemergency traffic. (b) Coordinating pursuit communications of the involved officers. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notifying the Shift Sergeant as soon as practicable. (g) Assigning an incident number and logging all pursuit activities. 308.10 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the involved officers should broadcast pertinent information to assist other officers in locating the vehicle. The primary pursuing officer or supervisor will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 84 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits 308.11 POLICY REVIEW Officers of this department shall certify in writing that they have received, read and understand this policy initially, upon any amendments and whenever training on the policy is provided. 308.12 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary training on pursuits, all officers will participate, biennially, in regular and periodic training addressing this policy and the importance of vehicle safety and protecting the public. Training will include recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others. 308.13 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to apprehend the suspect following the pursuit. Officers should consider the safety of the public and the involved officers when formulating plans for setting up perimeters or for containing and capturing the suspect. 308.14 PURSUIT INTERVENTION Pursuit intervention is an attempt to stop the suspect's ability to continue to flee in a vehicle through tactical application of technology, tire deflation devices, blocking or vehicle intercept, boxing -in, the PIT, ramming or roadblock procedures. 308.14.1 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances meet the requirements authorizing the use of deadly force. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 308.14.2 WHEN USE IS AUTHORIZED In deciding whether to use intervention tactics, officers/supervisors should balance the risk of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With this in mind, the decision to use any intervention tactic should be reasonable in light of the circumstances apparent to the officer at the time of the decision. 308.14.3 INTERVENTION STANDARDS Any intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 85 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits Certain applications of intervention tactics may be construed to be a use of force, including deadly force, and are subject to policies guiding such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed. (a) Blocking or vehicle intercept should only be considered in cases involving felony suspects or impaired drivers who pose a threat to the public's safety, and when officers reasonably believe that attempting a conventional enforcement stop will likely result in the driver attempting to flee in the vehicle. Because of the potential risks involved, this intervention tactic should only be employed by properly trained officers and after giving consideration to the following: 1. The need to immediately stop the suspect vehicle or prevent it from leaving substantially outweighs the risk of injury or death to occupants of the suspect vehicle, officers or others. 2. All other reasonable intervention tactics have failed or reasonably appear ineffective. 3. Employing the blocking or vehicle intercept maneuver does not unreasonably increase the risk of danger to those involved or the public. 4. The suspect vehicle is stopped or traveling at a low speed. 5. Only law enforcement vehicles should be used in this tactic. (b) The PIT is limited to use by properly trained officers and upon assessment of the circumstances and conditions presented at the time, including the potential for risk of injury to officers, the public and occupants of the pursued vehicle. (c) Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officers's disposal have been exhausted or would not be effective, and immediate control is necessary. Ramming should be reserved for situations where there does not appear to be another reasonable alternative method. If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. When ramming is used as a means to stop a fleeing vehicle, the following factors should be present: 1. The suspect is an actual or suspected felon, who reasonably appears to represent a serious threat to the public if not apprehended. 2. The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life -endangering manner or using the vehicle as a weapon. (d) Boxing -in a suspect vehicle should only be attempted upon approval by a supervisor. The use of such a tactic must be carefully coordinated with all involved vehicles, taking into consideration the circumstances and conditions apparent at the time, as well as the potential risk of injury to officers, the public and occupants of the pursued vehicle. Officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. vehicle Pursuits - 86 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits (e) Tire deflation devices should be deployed only after notification of pursuing officers and the supervisor of the intent and location of the intended deployment, and in a manner that: 1. Should reasonably only affect the pursued vehicle. 2. Provides the deploying officer adequate cover and escape from intentional or unintentional exposure to the approaching vehicle. 3. Takes into account the limitations of such devices as well as the potential risk to officers, the public and occupants of the pursued vehicle. 4. Takes into account whether the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials or a school bus transporting children. (f) Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without prior approval of a supervisor. If roadblocks are deployed, it should only be done under extraordinary conditions when all other reasonable intervention tactics have failed or reasonably appear ineffective and the need to immediately stop the pursued vehicle substantially outweighs the risks of injury or death to occupants of the pursued vehicle, officers or the public. 308.15 INTERJURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary pursuing officer or supervisor, taking into consideration the distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary pursuing officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether the jurisdiction is expected to assist. 308.15.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless the continued assistance of the Tukwila Police Department is requested by the agency assuming the pursuit. Upon relinquishing control of the pursuit, the involved officers may proceed, with supervisory approval, to the termination point of the pursuit to assist in the investigation. The supervisor should coordinate such assistance with the assuming agency and obtain any information that is necessary for any reports. The roles and responsibilities of officers at the termination point of a pursuit initiated by this department shall be coordinated with appropriate consideration of the needs of the agency assuming the pursuit. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local law enforcement agencies, a request for another Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. vehicle Pursuits - 87 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits agency's assistance will mean that its personnel will assume responsibility for the pursuit. For the same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to this department, the other agency should relinquish control. 308.15.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Officers from this department should not join a pursuit unless specifically requested to do so by the pursuing agency and with approval from a supervisor. The exception to this is when a single vehicle from the initiating agency is in pursuit. Under this circumstance, an officer from this department may, with supervisor approval, immediately join the pursuit until sufficient vehicles from the initiating agency join the pursuit or until additional information is provided allowing withdrawal from the pursuit. When a request is made for this department to assist or take over a pursuit that has entered the jurisdiction of the Tukwila Police Department, the supervisor should consider: (a) The public's safety within this jurisdiction. (b) The safety of the pursuing officers. (c) Whether the circumstances are serious enough to continue the pursuit. (d) Whether there is adequate staffing to continue the pursuit. (e) The ability to maintain the pursuit. As soon as practicable, a supervisor or the Shift Sergeant should review a request for assistance from another agency. The Shift Sergeant or supervisor, after considering the above factors, may decline to assist in or assume the other agency's pursuit. Assistance to a pursuing agency by officers of this department will conclude at the City limits, provided that the pursuing agency has sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present. In the event that the termination point of a pursuit from another agency is within this jurisdiction, officers shall provide appropriate assistance including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. 308.16 REPORTING REQUIREMENTS All appropriate reports shall be completed to comply with appropriate laws and policies or procedures. (a) The primary pursuing officer shall complete appropriate crime/arrest reports. (b) Under routine circumstances the on -duty shift supervisor shall complete the appropriate pursuit report and forward it to the Patrol Commander within 24 hours. (c) After first obtaining the available information, the involved, or if unavailable, on -duty shift supervisor shall complete a pursuit report briefly summarizing the pursuit to the Chief of Police or the authorized designee. The pursuit report should include, at a minimum: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. vehicle Pursuits - 88 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Pursuits 1. Date and time of the pursuit. 2. Initial reason and circumstances surrounding the pursuit. 3. Length of pursuit in distance and time, including the starting and termination points. 4. Involved vehicles and officers. 5. Alleged offenses. 6. Whether a suspect was apprehended, as well as the means and methods used. (a) Any use of force shall be reported and documented in compliance with the Use of Force Policy. 7. Arrestee information, if applicable. 8. Any injuries and/or medical treatment. 9. Any property or equipment damage. 10. Name of supervisor at the scene or who handled the incident. 11. A preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. (d) After receiving copies of reports, logs and other pertinent information, the Chief of Police or the authorized designee shall conduct or assign the completion of a post - pursuit review, as appropriate. (e) Annually, the Chief of Police should direct a documented review and analysis of department vehicle pursuits to minimally include policy suitability, policy compliance and training needs. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Pursuits - 89 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer Response to Calls 309.1 PURPOSE AND SCOPE This policy provides officers with guidelines for the safe and appropriate vehicular response to emergency and non -emergency incidents or requests for assistance, whether these are dispatched or self -initiated. 309.2 POLICY It is the policy of this department to appropriately respond to emergency and non -emergency calls for service or requests for assistance, whether these are dispatched or self -initiated. 309.3 RESPONSE TO CALLS Officers responding to non -emergency calls shall proceed accordingly, unless they are sent or redirected to a higher priority call, and shall obey all traffic laws. 309.3.1 EMERGENCY CALLS Officers responding to an emergency call shall proceed immediately as appropriate and shall continuously operate the emergency vehicle lighting and siren as required by law (RCW 46.61.035). Officers should only respond to a call as an emergency response when so dispatched or when circumstances reasonably indicate an emergency response is required. This includes, but is not limited to: (a) When in pursuit or apprehending a violator or suspected violator. (b) When responding to a reported emergency involving possible personal injury, death or significant property damage. (c) When immediate assistance is requested by an officer or other law enforcement agency. If an officer believes an emergency response to any call is appropriate, the officer shall immediately notify dispatch . Officers not responding to a call as an emergency response shall observe all traffic laws and proceed without the use of emergency lights and siren. 309.4 REQUESTING EMERGENCY ASSISTANCE When requesting emergency assistance, the involved department member should reasonably believe there is an imminent threat to the safety of him/herself or another person, or that assistance is needed to prevent imminent serious harm to the public. If circumstances permit, the requesting member should provide the following information: • Identifying call sign • Location of the emergency situation • Suspect information, including weapons Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Officer Response to Calls - 90 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer Response to Calls • Reason for the request and type of emergency • The number of officers or resources required • Hazards and any known or potential dangers for responding officers In any event where a situation has stabilized and emergency response is not required, the requesting member shall immediately notify dispatch. 309.4.1 CODE SYSTEM In circumstances when immediate assistance of additional member(s) is needed,members may utilize the following code system: (a) Code One is normally used in situations where a member is unsure of the circumstances of a contact or is expecting minor resistance to their authority. The backup member is authorized to respond utilizing an emergency response. If available, other units may move to the area utilizing a routine response. (b) Code Two is normally used in a confrontational or escalating situation where the control and safety of the member on -scene is at immediate risk. Responding members are authorized to respond utilizing an emergency response. Members utilizing an emergency response shall advise dispatch. (c) Code Three is normally used in a situation that is beyond the control of on -scene resources. All available members are authorized to respond utilizing an emergency response. Additional officers from outside agencies may be placed on standby or may be requested to respond as needed. 309.5 SUPERVISOR RESPONSIBILITIES Upon being notified that an emergency response has been initiated or requested, the Shift Sergeant or the field supervisor shall verify that: (a) The proper response has been initiated. (b) No more than those officers reasonably necessary under the circumstances are involved in the response. (c) Affected outside jurisdictions are being notified as practicable. The field supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing officers into or out of the response, if necessary. If, in the supervisor's judgment, the circumstances require additional officers to be assigned an emergency response, the supervisor may do so. It is the supervisor's responsibility to terminate an emergency response that, in his/her judgment is inappropriate due to the circumstances. When making the decision to authorize an emergency response, the Shift Sergeant or the field supervisor should consider: • The type of call or crime involved. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. officer Response to Calls - 91 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Officer Response to Calls • The type and circumstances of the request. • The necessity of a timely response. • Weather, traffic and road conditions. • The location of the responding officers and the location of the incident. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Officer Response to Calls - 92 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines 310.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment law enforcement services in the community including, but not limited to, locating individuals and contraband and apprehending criminal offenders. 310.2 POLICY It is the policy of the Tukwila Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 310.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Patrol Division to function primarily in assist or cover assignments. However, they may be assigned by the Shift Sergeant to other functions, such as routine calls for service, based on the current operational needs. Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of timeand then only with the approval of the Shift Sergeant. 310.4 CANINE COORDINATOR The Canine Coordinator shall be appointed by staff and shall supervise the Canine Program. The Coordinator is directly responsible to the Commander responsible for the canine program. The Canine Coordinator shall be responsible for, but not limited to, the following: (a) Reviewing all Canine Use Reports to insure compliance with policy, identify training issues and other needs of the program. (b) Maintain liaison with the vendor kennel. (c) Maintain liaison with command staff and functional supervisors. (d) Maintain accurate records to document canine activities. (e) Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (f) Scheduling all canine -related activities. (g) Ensuring the canine teams are scheduled for regular training to maximize their capabilities. 310.5 REQUESTS FOR CANINE TEAMS Patrol Division members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Patrol Division shall be reviewed by the Shift Sergeant. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 93 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines 310.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the Shift Sergeant and are subject to the following: (a) Canine teams shall not be used for any assignment that is not consistent with this policy. (b) The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable. (c) Calling out off -duty canine teams is discouraged. (d) It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (e) It shall be the responsibility of the canine handler to complete all necessary reports or as directed. 310.5.2 PUBLIC DEMONSTRATIONS All public requests for a canine team shall be reviewed and, if appropriate, approved by the Canine Coordinator prior to making any commitment. The Canine Coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Quarry should be police employees unless approved by the Canine Coordinator or Unit Commander. 310.6 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes the individual has either committed or threatened to commit any serious offense and if any of the following conditions exist: (a) There is a reasonable belief that the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler. (b) The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a canine in view of the totality of the circumstances. Once the individual has been located and no longer reasonably appears to represent a threat or risk of escape, the canine should be controlled and secured as soon as it becomes reasonably practical. The canine should not be used to track an animal or for crowd control. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 94 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines 310.6.1 PREPARATIONS FOR DEPLOYMENT Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on -scene should carefully consider all pertinent information reasonably available at the time. The information should include, but is not limited to: (a) The nature and seriousness of the suspected offense. (b) Whether violence of weapons were used or are anticipated. (c) The degree of resistance or threatened resistance, if any, the suspect has shown. (d) The suspect's known or perceived age. (e) The potential for injury to officers or the public caused by the suspect if the canine is not utilized. (f) Any potential danger to the public and/or other officers at the scene if the canine is released. (g) The potential for the suspect to escape or flee if the canine is not utilized. As circumstances permit, the canine handler should make a reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury. It is the canine handler's responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable. However, a Coordinator sufficiently apprised of the situation my decide not to deploy the canine. 310.6.2 WARNINGS AND ANNOUNCEMENTS Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a canine will be utilized if the person does not come forth, shall be made prior to deploying a canine. In the event of an apprehension, the handler shall document in any related report whether or not a verbal warning was given and, if none was given, the reasons why. When a warning is given, a reasonable amount of time shall be allowed for the suspect to respond, if feasible. 310.6.3 REPORTING CANINE USE, BITES AND INJURIES Whenever the canine is deployed, the ValleyCom generated incident mask and department canine training records will be used to record the deployment if the use does not result in the need for a case report. If a bite or injury results from the use of the canine, that information shall be documented on a case report and use of force form. In the case of a use of force deployment with the canine or when a person alleges they were bitten or injured, the procedures under general use of force reporting shall be followed. After any deployment of the canine that results in an intentional use of force bite/contact, an accidental bite, or an alleged bite, the on -duty supervisor should be notified as soon as practical. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 95 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines If a bite or injury results from the use of the canine, that information shall be documented and included in the case report. In the case of an accidental bite, the incident will be documented in the case report and a separate memorandum shall be written by the handler and forwarded to the on -duty and Canine Coordinator. (a) In all cases of bites or injury or alleged bites resulting from the use of a canine, aid will be summoned, photographs shall be taken of the bite or injury after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. If the injury requires medical attention, the subject should be transported to an appropriate medical facility. In the event an in -custody suspect requires medical attention, an officer should standby with the suspect until treatment has been rendered. 310.7 NON -APPREHENSION GUIDELINES Properly trained canines will not be used to track or search for non -criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). 310.7.1 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. 310.7.2 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive -detection canine team may be used in accordance with current law and under certain circumstances, including: (a) Assisting in the search of a building, structure, area, vehicle or article where an actual or suspected explosive device has been reported or located. (b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c) Preventive searches at special events, VIP visits, official buildings and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d) Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive -detection trained canine be used to render a suspected device safe or clear. 310.7.3 NARCOTICS DETECTION A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including: (a) The search of vehicles, buildings, bags, and other articles. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 96 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines (b) Assisting in the search for narcotics during a search warrant service. (c) Obtaining a search warrant by using the narcotics -detection trained canine in support of probable cause. (d) Conducting package and article interdiction. A narcotics -detection trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics. 310.7.4 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive -detection canine team may be used in accordance with current law and under certain circumstances, including: (a) Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located. (b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c) Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d) Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive -detection trained canine be used to render a suspected device safe or clear. 310.8 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and living conditions. The canine handler will be responsible for the following: (a) Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b) The handler shall maintain all department equipment under his/her control in a clean and serviceable condition. (c) Handlers shall permit the Canine Coordinator or Unit Commander to conduct spontaneous on -site inspections of the affected areas of their residence as well as their canine vehicles to verify that conditions and equipment conform to this policy. (d) Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the Canine Coordinator as soon as possible. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 97 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines (e) When off -duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler's home, the gate shall be secured to prevent unauthorized access. When off -duty, the canine may be let out of the kennel while under the supervision of the handler. (f) Under no circumstances will the canine be lodged at another location unless approved by the Canine Coordinator or Shift Supervisor. (g) When off -duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the Canine Coordinator or Shift Supervisor. (h) Whenever a canine handler is off -duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the Canine Coordinator so the appropriate arrangements can be made. (i) The handler will maintain an acceptable level of fitness to endure the rigors of canine work. 310.8.1 CANINE IN PUBLIC AREAS The canine shall be controlled when in areas that allow access to the public. Exceptions would include specific law enforcement operations for which the canine is trained. (a) A canine shall not be left unattended in any area to which the public may have access (b) When the canine vehicle is left unattended all windows and doors shall be secured in such a manner as to prevent unauthorized access to the dog. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 310.9 HANDLER COMPENSATION The canine handler shall be available for call -out under conditions specified by the Canine Coordinator. The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement/memorandum of understanding (29 USC § 207). 310.10 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has committed, is committing, or is threatening to commit any serious offense and if any of the following conditions exist: (a) There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officers, or the handler. (b) The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 98 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Shift Sergeant. Absent a change in circumstances that presents an imminent threat to officers, the canine, or the public, such canine use should be conducted on -leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect. 310.11 TRAINING AND CERTIFICATION Before assignment in the field, each canine team shall be trained and certified to meet current Criminal Justice Training Commission (CJTC) standards. Cross -trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified to meet current CJTC standards (WAC 139-05-915). The canine coordinator shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines. Because canines may be exposed to dangerous substances such as opioids, as resources are available, the canine coordinator should also schedule periodic training for the canine handlers about the risks of exposure and treatment for it. All canine training shall be conducted while on -duty unless otherwise approved by the canine coordinator or Shift Sergeant. 310.11.1 CONTINUED TRAINING Each canine team shall be recertified to current CJTC standards. A canine team's certification will automatically expire if the handler and canine originally paired at the time of certification are no longer working together, or if the function for which the team was certified changes (WAC 139-05-915). Additional training considerations are as follows: (a) Canine teams should receive training as defined in the current contract with the Tukwila Police Department canine training provider. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 99 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines (b) Canine handlers are encouraged to engage in additional training with approval of the canine coordinator. (c) To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by the Department. 310.11.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 310.11.3 TRAINING RECORDS A record for each canine that includes training, performance and identification records, and that meets CJTC requirements, shall be created and maintained in the canine handler's and the canine's training file. 310.11.4 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Tukwila Police Department may work with outside trainers with the applicable licenses or permits. 310.11.5 CONTROLLED SUBSTANCE TRAINING AIDS Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics -detection canine training in compliance with state and federal laws. (21 USC § 823(f); RCW 69.50.302; RCW 69.50.508; WAC 246-887-200). The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Tukwila Police Department to be possessed by the member or a narcotics -detection canine trainer who is working under the direction of this department for training purposes, provided the controlled substances are no longer needed as criminal evidence. As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Administration (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 310.11.6 CONTROLLED SUBSTANCE PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine's accidental ingestion of these controlled substances, the following procedures shall be strictly followed: (a) All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 100 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Canines (b) The weight and test results shall be recorded and maintained by this department. (c) Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (d) All controlled substance training samples will be inspected, weighed, and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency. (e) All controlled substance training samples will be stored in locked, airtight, and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler's assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f) The canine coordinator shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g) Any unusable controlled substance training samples shall be returned to the Property and Evidence Section or to the dispensing agency. (h) All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 310.11.7 EXPLOSIVE TRAINING AIDS Officers may possess, transport, store, or use explosives or destructive devices in compliance with state and federal laws (18 USC § 842; 27 CFR 555.41; RCW 70.74.191(4)). Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non -hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following: (a) All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials. (b) An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored. (c) The canine coordinator shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter. (d) Only members of the canine team shall have access to the explosive training aids storage facility. (e) A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on -scene will be designated as the secondary custodian. (f) Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Canines - 101 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence 311.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 311.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. Domestic violence - Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, sexual assault, or stalking of one intimate partner by another intimate partner; or physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, sexual assault, or stalking of one family or household member by another family or household member (RCW 10.99.020; RCW 26.50.010). 311.2 POLICY The Tukwila Police Department's response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims' and offenders' access to appropriate civil remedies and community resources whenever feasible. 311.3 OFFICER SAFETY The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 311.4 INVESTIGATIONS The following guidelines should be followed by officers when investigating domestic violence cases: (a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b) When practicable, officers should obtain and document statements from the victim, the suspect, and any witnesses, including children, in or around the household or location of occurrence. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 102 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence (c) Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. (d) When practicable and legally permitted, video or audio record all significant statements and observations. (e) All injuries should be photographed, regardless of severity, taking care to preserve the victim's personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Major Crimes Unit in the event that the injuries later become visible. (f) Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g) If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement, and make an arrest or seek an arrest warrant if appropriate. (h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. Officers who have probable cause that a crime has been committed shall lawfully seize all firearms and ammunition that they reasonably believe were used or threatened to be used in the commission of the offense, including all firearms in plain sight or discovered in a lawful search. Officers shall request consent to take temporary custody of any other firearms and ammunition that the alleged suspect may have access to (RCW 10.99.030). 2. Officers shall separate the victim and inquire whether there are any firearms or ammunition in the home, whether the suspect has access to any firearms either on the premises or stored elsewhere, whether the suspect has a concealed pistol license, and whether a firearm has ever been used by the suspect under other circumstances that could be threatening or coercive (RCW 10.99.030). (i) When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order, and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report. (j) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1. Marital status of suspect and victim. 2. Whether the suspect lives on the premises with the victim. 3. Claims by the suspect that the victim provoked or perpetuated the violence. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 103 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence 4. The potential financial or child custody consequences of arrest. 5. The physical or emotional state of either party. 6. Use of drugs or alcohol by either party. 7. Denial that the abuse occurred where evidence indicates otherwise. 8. A request by the victim not to arrest the suspect. 9. Location of the incident (public/private). 10. Speculation that the complainant may not follow through with the prosecution. 11. The racial, cultural, social, professional position, or sexual orientation of the victim or suspect. (k) Unless doing so would jeopardize the criminal investigation, the victim should be apprised of investigative plans such as when the suspect or witnesses are going to be interviewed and any plans for making an arrest. 311.4.1 HOSPITALIZED VICTIM When responding to a medical facility regarding an injured person, officers should make a reasonable attempt to determine whether the injury was a result of domestic violence prior to contacting the victim or person who reported the incident. If domestic violence is suspected, contact should be made with the medical facility representatives out of the view and hearing of the victim and any potential suspects when practical. 311.4.2 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: (a) Advise the victim that there is no guarantee the suspect will remain in custody. (b) Provide the victim's contact information to the jail staff to enable notification of the victim upon the suspect's release from jail. (c) Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 311.4.3 IF NO ARREST IS MADE If no arrest is made, the officer should: (a) Advise the parties of any options, including but not limited to: 1. Voluntary separation of the parties. 2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness unit). (b) Document the resolution in a report. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 104 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence 311.4.4 DV CHECKSHEET & SUPPLEMENTAL FORMS Officers should provide the victim with a copy of a department DV Checksheet, whether or not there has been an arrest of a suspect. If a criminal offense occurred, officers should also complete a DV Supplemental form while onscene. 311.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Officers should: (a) Recognize that a victim's behavior and actions may be affected. (b) Provide the victim with the department's domestic violence information handout, even if the incident may not rise to the level of a crime. (c) Alert the victim to any available victim advocates, shelters and community resources. (d) Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. (e) Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (f) Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. (9) Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (h) Seek or assist the victim in obtaining an emergency order if appropriate. 311.6 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state. 311.6.1 CANADIAN COURT ORDERS Any foreign court order properly issued in Canada shall be enforced by an officer as a foreign court order above. Any notice, if required, should be made in compliance with Chapter 263 § 903, 2019 Laws. 311.7 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 105 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable: (a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms, and efforts to respond to the order. (b) Check available records or databases that may show the status or conditions of the order. (c) Contact the issuing court to verify the validity of the order. (d) Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 311.8 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: (a) The primary duty of officers when responding to a domestic violence situation is to enforce the laws allegedly violated and to protect the complaining party (RCW 10.99.030(1)). (b) When an officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, he/she shall make an arrest pursuant to the criteria in RCW 10.31.100 and RCW 10.99.030(2)(a). (c) When an officer has confirmed that a valid court order exists and has probable cause to believe the defendant has violated that order, the officer shall make a physical arrest (RCW 10.99.055; RCW 10.31.100(2)). Whenever a member of this department serves or assists in serving a court order and that service is completed, a return of service form shall be completed and submitted to the Washington Crime Information Center (WACIC). 311.9 REPORTS AND RECORDS (a) Officers responding to a domestic violence call shall take a complete offense report, including the disposition of the case (RCW 10.99.030(2)(b)). 1. The report shall include all information about firearms and concealed pistol licenses and be properly coded to alert any officials reviewing the report to the existence of the information concerning firearms (RCW 10.99.030). (b) All such reports should be documented under the appropriate crime classification and should use the distinction "Domestic Violence" in the Type of Crime box of the crime report form (Chapter 367 § 3, 2019 Laws). (c) Whenever there is probable cause to believe that a crime has been committed and unless the case is under active investigation, the Major Crimes Unit Supervisor shall ensure that all domestic violence crime reports are forwarded to the County Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 106 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Prosecutor's Office within 10 days of the date the incident was reported (Chapter 367 § 3, 2019 Laws). (d) The Senior Manager shall ensure that accurate records of domestic violence incidents are maintained and submitted to the Washington Association of Sheriffs and Police Chiefs, in accordance with state law (Chapter 367 § 3, 2019 Laws). (e) The Senior Manager should ensure that the original receipt issued for any firearm, dangerous weapon, or pistol license surrendered after service of a protection order is filed with the court within 24 hours of service of the order and retain a copy of the receipt electronically if available (Chapter 245 § 2, 2019 Laws). 311.9.1 REPORT COMPLETION Officers will complete their reports and submit them to their supervisor by the end of their shift. 311.10 COURT ORDERS The Senior Manager shall ensure that no -contact orders received from the court are entered into the WACIC or other applicable criminal intelligence information system for one year or until the expiration date specified on the order (RCW 10.99.040; RCW 10.99.050). 311.11 SERVICE OF COURT ORDERS The officer serving a protection order, no -contact order, or restraining order that includes an order to surrender all firearms, dangerous weapons, and a concealed pistol license under RCW 9.41.800 shall (Chapter 245 § 2, 2019 Laws): (a) Advise the subject that the order is effective upon service. (b) Request that any firearms, dangerous weapons, and any concealed pistol license be immediately surrendered. Officers shall take possession of any firearms discovered in plain view, lawful search, or consent from the subject. If the subject indicates by word or action that he/she will not comply with a request to surrender firearms, dangerous weapons, or a concealed pistol license, consideration should be given to obtaining a search warrant for seizure. (c) Issue a receipt for any surrendered items. The officer should ensure the original receipt is forwarded to the Senior Manager as soon as practicable for filing with the court. All firearms and weapons collected shall be handled and booked in accordance with the Property and Evidence Policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence - 107 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Search and Seizure 312.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Tukwila Police Department personnel to consider when dealing with search and seizure issues. 312.2 POLICY It is the policy of the Tukwila Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 312.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: • Valid consent • Incident to a lawful arrest • Legitimate community caretaking interests • Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Search and Seizure - 108 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Search and Seizure 312.3.1 RESTRICTIONS ON CELL SITE SIMULATOR USE A member may only install or use a pen register, trap and trace device or cell site simulator device with a supporting court order or when there is both coordination with a prosecuting attorney and joint determination of probable cause to believe an emergency situation exists that involves immediate danger of death or serious bodily injury to a person. A court order must be obtained within 48 hours after installation of the pen register, trap and trace device or cell site simulator device when an emergency situation exists (RCW 9.73.260). 312.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a) Members of this department will strive to conduct searches with dignity and courtesy. (b) Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c) Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre -search condition. (d) In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1. Another officer or a supervisor should witness the search. 2. The officer should not search areas of the body covered by tight -fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 312.5 DOCUMENTATION Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: • Reason for the search • Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) • What, if any, injuries or damage occurred • All steps taken to secure property • The results of the search, including a description of any property or contraband seized Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Search and Seizure - 109 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Search and Seizure If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Search and Seizure - 110 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Juveniles 313.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Tukwila Police Department (34 USC § 11133). The Tukwila Police Department does not have a secure holding facility. Juveniles should not be held in custody unless directly supervised and in the presence of a sworn employee at all times. 313.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non -offender - An abused, neglected, dependent or alien juvenile who may be legally held for his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine -only offense) but was taken into custody for his/her protection, or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an offense that would subject an adult to arrest (a non -status offense) or a juvenile who has violated RCW 9.41.040(2)(a) by possessing a handgun (28 CFR 31.303). Non -secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell or behind any locked doors. Juveniles in non -secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation. Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object. Examples of secure custody include: (a) A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area. (b) A juvenile handcuffed to a rail. (c) Ajuvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. (d) Ajuvenile being processed in a secure booking area when an unsecure booking area is available. (e) A juvenile left alone in a secure booking area after being photographed and fingerprinted. (f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Juveniles - 111 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Juveniles (g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement. Sight and sound separation - Located or arranged to prevent physical, visual, or auditory contact. Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, or truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. 313.2 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Tukwila Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim. No juvenile should be held in temporary custody at the Tukwila Police Department without authorization of the arresting officer's supervisor or the Shift Sergeant. Any juvenile taken into custody shall be released to the care of the juvenile's parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry into the Tukwila Police Department (42 USC § 5633; RCW 13.04.116(b)). 313.2.1 CUSTODY OF JUVENILE NON -OFFENDERS Non -offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Tukwila Police Department. Custodial arrangements should be made for non -offenders as soon as reasonably possible. Juvenile non -offenders may not be held in secure custody (42 USC § 5633). 313.2.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders may not be held in secure custody (42 USC § 5633). 313.2.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non -secure custody while at the Tukwila Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. Generally, juvenile offenders may be taken into custody under the following circumstances (RCW 13.40.040(1)): (a) Pursuant to a court order. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Juveniles - 112 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Juveniles (b) Without a court order, by an officer if grounds exist for the arrest of an adult in identical circumstances. (c) When his/her parole has been suspended. 313.2.4 LIMITATIONS ON RELEASE OF JUVENILE OFFENDERS Juveniles should be referred to the appropriate juvenile authority and not released to a parent or guardian when there is probable cause to believe the juvenile (RCW 13.40.040(2)): (a) Will likely fail to appear for further proceedings. (b) Needs protection from him/herself. (c) Is a threat to community safety. (d) Will intimidate witnesses or otherwise unlawfully interfere with the administration of justice. (e) Has committed a crime while another case was pending. (f) Is a fugitive from justice. (g) Has had his/her parole suspended or modified. (h) Is a material witness. 313.3 ADVISEMENTS When a juvenile offender is taken into custody, the officer should, as soon as practicable, notify the juvenile's parent, guardian, or a responsible relative that the juvenile is in custody. Juveniles taken into custody should be advised the reason for the custody (RCW 43.185C.265). 313.4 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Tukwila Police Department when the juvenile presents a heightened risk. However, non -offenders and status offenders should not be handcuffed unless they present a flight risk, are combative or threatening. Other restraints shall only be used after less restrictive measures have failed and with the approval of the Shift Sergeant. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others. Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse. 313.4.1 PREGNANT JUVENILES Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Juveniles - 113 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Juveniles 313.5 PERSONAL PROPERTY The personal property of a juvenile shall be processed in the same manner as an adult in temporary custody (see the Temporary Custody of Adults Policy). 313.6 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent to an interview or interrogation. 313.7 RESTRICTION ON FINGERPRINTING AND PHOTOGRAPHING A juvenile offender may be photographed and fingerprinted as provided by RCW 43.43.735. 313.8 RELEASE OF INFORMATION CONCERNING JUVENILES Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Officers of this department shall not divulge any information regarding juveniles in situations where they are uncertain of the legal authority to do so. 313.8.1 RELEASE OF INFORMATION TO OTHER AGENCIES It shall be the responsibility of the Records Manager and the Major Crimes Unit supervisor to ensure that personnel of those divisions act within legal guidelines. 313.9 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Juveniles - 114 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse 314.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Tukwila Police Department members as required by law. 314.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult's care, or any other act that would mandate reporting or notification to a social service agency or law enforcement. 314.2 POLICY The Tukwila Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 314.3 MANDATORY NOTIFICATION Members of the Tukwila Police Department shall notify the Washington State Department of Social and Health Services (DSHS) when there is reasonable cause to believe that abandonment, abuse, financial exploitation or neglect of a vulnerable adult has occurred. Members shall also notify DSHS when there is reason to suspect sexual assault or physical assault or reasonable cause to believe that an act has caused fear of imminent harm. The medical examiner or coroner shall also be notified when there is reason to suspect that the death of a vulnerable adult was caused by abuse, neglect or abandonment by another person (RCW 74.34.035). For purposes of notification (RCW 74.34.020): • Abandonment is action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the person without the means or ability to obtain necessary food, clothing, shelter or health care. • Abuse is willful action or inaction that inflicts injury, unreasonable confinement or restraint, sexual abuse, physical abuse, financial exploitation, mental abuse, intimidation or punishment as provided. • A vulnerable adult is a person who is: (a) (a) 60 years or older who has the functional, mental or physical inability to care for himself/herself. (b) Is found by the superior court to be incapacitated under RCW 11.88.005 et seq. (c) Has a developmental disability as defined under RCW 71A.10.020. (d) Is admitted to any facility as defined in RCW 74.34.020 (assisted living facility, nursing home or other facility licensed by DSHS). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 115 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse (e) Is receiving services from an individual provider or licensed home health, hospice or home care agency. (f) Self -directs his/her own care and receives services from a personal aide under RCW 74.39.001 et seq. 314.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (RCW 74.34.035): (a) All notification to DSHS shall be made immediately or as soon as practicable by telephone (b) Information provided shall include, if known: 1. The name and address of the person making the report. 2. The name and address of the vulnerable adult. 3. The name and address of the facility or agency providing care for the vulnerable adult. 4. The name and address of the legal guardian or alternate decision maker. 5. The nature and extent of the abandonment, abuse, financial exploitation, neglect or self -neglect. 6. Any history of previous abandonment, abuse, financial exploitation, neglect or self -neglect. 7. The identity of the alleged perpetrator, if known. 8. Any other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect or the cause of death of the deceased vulnerable adult. 314.4 OFFICER RESPONSE All incidents involving actual or suspected elder and dependent abuse shall be fully investigated and appropriately documented. 314.5 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated. If the investigation reveals that a crime may have been committed, the City prosecutor shall be provided a written report of the incident (RCW 74.34.063(3)). Investigations and reports related to suspected cases of adult abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted. (b) Any relevant statements the victim may have made and to whom he/she made the statements. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 116 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse (c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e) Whether the victim was transported for medical treatment or a medical examination. (f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. (g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h) Previous addresses of the victim and suspect. (i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim's environment. Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential adult abuse and investigated similarly. 314.6 PROTECTIVE CUSTODY Before taking an adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact DSHS. Generally, removal of an adult abuse victim from his/her family, guardian or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove an adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to DSHS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody. When adult abuse victims are under state control, have a state -appointed guardian or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer should make an attempt to obtain a Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 117 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse protective order against the person alleged to have committed or threatened such abuse pursuant to RCW 74.34.110; RCW 74.34.210; or other applicable statutes. 314.7 STATE MANDATES AND OTHER RELEVANT LAWS Washington requires or permits the following: 314.7.1 ARREST WITHOUT WARRANT When an officer has confirmed that a valid court order for protection, including a temporary order, exists and has probable cause to believe that a person has violated that order, he/she has the authority to arrest the person without a warrant (RCW 10.31.100; RCW 26.50.110). 314.7.2 SUPPORT OPERATIONS RESPONSIBILITIES The Support Operations is responsible for: (a) Providing a copy of the adult abuse report to DSHS as required by law. (b) Retaining the original adult abuse report with the initial case file. 314.7.3 RELEASE OF REPORTS Information related to incidents of adult abuse or suspected adult abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (RCW 74.34.035(9); RCW 74.34.095). 314.8 TRAINING The Department should provide training on best practices in adult abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting interviews. (c) Availability of therapy services for adults and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to adult abuse investigations. (f) Availability of victim advocates or other support. 314.9 INTERVIEWS 314.9.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 118 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse 314.9.2 DETAINING VICTIMS FOR INTERVIEWS An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies: (a) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the adult need to be addressed immediately. 2. A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger. (b) A court order or warrant has been issued. 314.10 MEDICAL EXAMINATIONS When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency or entity having legal custody of the adult. The officer should also arrange for the adult's transportation to the appropriate medical facility. In cases where the alleged offender is a family member, guardian, agency or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 314.11 DRUG -ENDANGERED VICTIMS A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer -term medical and safety needs of an adult abuse victim who has been exposed to the manufacturing, trafficking or use of narcotics. 314.11.1 SUPERVISOR RESPONSIBILITIES The Major Crimes Unit supervisor should: (a) Work with professionals from the appropriate agencies, including DSHS, other law enforcement agencies, medical service providers and local prosecutors, to develop community -specific procedures for responding to situations where there are adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Activate any available interagency response when an officer notifies the Major Crimes Unit supervisor that he/she has responded to a drug lab or other narcotics crime scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 119 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Adult Abuse (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the adult. 314.11.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should: (a) Document the environmental, medical, social and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Major Crimes Unit supervisor so an interagency response can begin. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Adult Abuse - 120 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Discriminatory Harassment 315.1 PURPOSE AND SCOPE This policy is intended to prevent department members from being subjected to discrimination or sexual harassment. 315.2 POLICY The Tukwila Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The Department will not tolerate discrimination against employees in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The non-discrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 315.3 DISCRIMINATION PROHIBITED 315.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment -related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual's protected class. It has the effect of interfering with an individual's work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment, can include making derogatory comments, crude and offensive statements or remarks, making slurs or off-color jokes, stereotyping, engaging in threatening acts, making indecent gestures, pictures, cartoons, posters or material, making inappropriate physical contact, or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to the department's commitment to a discrimination free work environment. 315.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person's sex. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Discriminatory Harassment - 121 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Discriminatory Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment position or compensation. (b) Submission to, or rejection of, such conduct is used as the basis for employment decisions affecting the member. (c) Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment. 315.3.3 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the Washington State Human Rights Commission. (b) Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work - related communication between supervisor and member. 315.3.4 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 315.4 RESPONSIBILITIES This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher ranking supervisor or manager. Complaints may also be filed with the Chief of Police, Human Resources Director or the City Administrator. Any member who believes, in good faith, that he/she has been discriminated against, harassed, subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Discriminatory Harassment - 122 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Discriminatory Harassment Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 315.4.1 SUPERVISOR RESPONSIBILITY Each supervisor and manager shall: (a) Continually monitor the work environment and strive to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Take prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c) Ensure their subordinates understand their responsibilities under this policy. (d) Ensure that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e) Notify the Chief of Police in writing of the circumstances surrounding any reported allegations or observed acts of discrimination/harassment no later than the next business day. 315.4.2 SUPERVISOR'S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: (a) Behavior of supervisors and managers should represent the values of the Department and professional law enforcement standards. (b) False or mistaken accusations of discrimination, harassment or retaliation have negative effects on the careers of innocent members. (c) Supervisors and managers must act promptly and responsibly in the resolution of such situations. (d) Supervisors and managers shall make a timely determination regarding the substance of any allegation based upon all available facts. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline, in a manner that is consistent with established procedures. 315.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved members should take prompt and reasonable steps to mitigate or eliminate Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Discriminatory Harassment - 123 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Discriminatory Harassment any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination or harassment shall be fully documented, and promptly and thoroughly investigated. The participating or opposing member should be protected against retaliation, and the complaint and related investigation should be kept confidential to the extent possible. 315.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the member feels uncomfortable, threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 315.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the process described above, a formal investigation will be conducted. The member assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but not be limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Members who believe they have been discriminated against, harassed or retaliated against because of their protected status are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Human Resources Director, or the City Administrator. 315.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated or retaliated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 315.6 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the action taken to remedy or address the circumstances giving rise to the complaint. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Discriminatory Harassment - 124 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Discriminatory Harassment 315.7 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: Approved by the Chief of Police, City Administrator or the Human Resources Director, if more appropriate. Maintained for the period established in the department's records retention schedule. 315.8 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term of employment. All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. 315.8.1 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, manager, the Chief of Police, Human Resources Director or the City Administrator for further information, direction or clarification. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Discriminatory Harassment - 125 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse 316.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Tukwila Police Department members are required to notify the Department of Children, Youth, and Families, Child Protective Services (CPS) of suspected child abuse. 316.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child's care or any other act that would mandate notification to a social service agency. 316.2 POLICY The Tukwila Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 316.3 MANDATORY NOTIFICATION Members of the Tukwila Police Department shall notify CPS when a report of abuse or neglect of a child is received or when there is reasonable cause to believe that a child has suffered abuse or neglect (RCW 26.44.030). For purposes of notification, abuse or neglect of a child includes sexual abuse, sexual exploitation, or injury inflicted by any person under circumstances that cause harm to the child's health, welfare or safety, excluding lawful discipline, or the negligent treatment or maltreatment by a person who is responsible for, or providing care to, a child (RCW 26.44.020). Officers shall promptly notify CPS whenever a child under 16 years of age is in a vehicle being driven by the child's parent, guardian, legal custodian, sibling or half -sibling and that person is being arrested for a drug or alcohol -related driving offense (RCW 46.61.507). If, during an investigation of drug manufacturing, an officer discovers that a child is present at the investigation site, the officer shall notify CPS immediately (RCW 26.44.200). 316.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (RCW 26.44.030(5)): (a) In emergency cases, notification to CPS should be made immediately when the child's welfare is endangered but in all such cases within 24 hours. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 126 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse (b) In non -emergency cases, notification to CPS shall be made within 72 hours after a report is received. (c) Notification, when possible, should include (RCW 26.44.040): 1. The name, address and age of the child. 2. The name and address of the child's parents, stepparents, guardians or other persons having custody of the child. 3. The nature and extent of the alleged injury or injuries. 4. The nature and extent of the alleged neglect. 5. The nature and extent of the alleged sexual abuse. 6. Any evidence of previous injuries, including the nature and extent of the injury. 7. Any other information that may be helpful in establishing the cause of the child's death, injury or injuries, and the identity of the alleged perpetrator or perpetrators. (d) The Department shall forward all case dispositions to CPS. 316.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a) Conduct interviews in child appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to child abuse investigations. (c) Present all cases of alleged child abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (RCW 26.44.180 et seq.). 316.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 127 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse (b) The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c) Any relevant statements the child may have made and to whom he/she made the statements. (d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f) Whether the child victim was transported for medical treatment or a medical examination. (g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i) Previous addresses of the victim and suspect. Q) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim's environment. (k) Applicable local protocol regarding child abuse investigations (RCW 26.44.180 et seq.). All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 316.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to CPS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 128 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse Children may only be removed from a parent or guardian in the following situations (RCW 26.44.050): (a) A court order has been issued authorizing the removal of the child. (b) There is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order (e.g., the child could be taken and concealed). 316.6.1 SAFE HAVEN LAW A parent is not guilty of abandonment when leaving a newborn 72 hours old or younger with a qualified person at the emergency department of a licensed hospital or a fire station while personnel are present (RCW 13.34.360). The qualified person shall notify CPS. CPS shall assume custody of the newborn. 316.7 INTERVIEWS 316.7.1 PRELIMINARY INTERVIEWS Responding officers should briefly speak to the victim to gather basic case information. Generally, investigating officers should defer in-depth interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 316.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the child need to be addressed immediately. 2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. (b) A court order or warrant has been issued. 316.7.3 TRAINING REQUIREMENT Only those members who have successfully completed Washington State Criminal Justice Training Commission (WSCJTC) sponsored training on interviewing child victims of sexual abuse shall participate in or conduct such interviews. Interviews of children who are suspected victims of sexual abuse will be conducted in compliance with the training standards set forth in RCW 43.101.224. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 129 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse 316.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child's transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. 316.9 STATE MANDATES AND OTHER RELEVANT LAWS Washington requires or permits the following: 316.9.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (RCW 42.56.240). Records and information may be made available to multidisciplinary investigative team members as necessary for the performance of the member's duties as a member of the team. Records and information are subject to the same privacy and confidentiality restrictions as the person providing the information or records (Chapter 82 § 3, 2019 Laws). 316.9.2 ARREST WITHOUT WARRANT When an officer responds to a call alleging that a child has been subjected to sexual or physical abuse or criminal mistreatment and has probable cause that a crime has been committed, or the officer responds to a call alleging that a temporary restraining order or preliminary injunction has been violated, he/she has the authority to arrest the person without a warrant (RCW 10.31.100; RCW 26.44.130). 316.9.3 CASE SUBMISSION TO PROSECUTOR The Tukwila Police Department shall forward all cases of child abuse to the appropriate prosecutor when a crime may have been committed and (RCW 26.44.030): (a) A child has died or has had a physical injury. (b) Injuries were inflicted upon a child other than by accidental means. (c) A child has been subjected to alleged sexual abuse. 316.9.4 AGENCY COORDINATION If this department responds to a complaint of alleged child abuse and discovers that another agency has also responded to the complaint, this department shall notify the other agency of Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 130 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Child Abuse its presence. The agencies shall coordinate the investigation and keep each other apprised of progress (RCW 26.44.035). 316.9.5 LOCAL CHILD ABUSE PROTOCOLS The Major Crimes Unit Supervisor should ensure that local child abuse protocols for the investigation of child abuse are available to those department members who have a role in child abuse investigations (RCW 26.44.180 et seq.). Refer to Patrol Task Outline 6.11.1. 316.9.6 CONFLICT OF INTEREST IN INVESTIGATIONS An officer shall not participate as an investigator in a child abuse case concerning a child for whom he/she is, or has been, a parent, guardian or foster parent (RCW 26.44.190). 316.9.7 POSTING OF MANDATED REPORTER REQUIREMENTS The Shift Sergeant shall ensure that the Department of Children, Youth, and Families poster regarding mandated reporting requirements for child abuse and neglect is posted in a member common area (RCW 26.44.030). 316.10 TRAINING The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting forensic interviews. (c) Availability of therapy services for children and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to child abuse investigations. (f) Availability of victim advocate or guardian ad litem support. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Child Abuse - 131 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons 317.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 317.1.1 DEFINITIONS Definitions related to this policy include: At risk - This includes persons who: (a) Are 13 years of age or younger. (b) Regardless of age, are believed or determined to be experiencing one or more of the following circumstances: 1. Missing under unexplained, involuntary or suspicious circumstances and is believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or it is believed that the person is unable to return to safety without assistance. 2. Out of the zone of safety for his/her chronological age and developmental stage. 3. Mentally or behaviorally disabled. 4. Drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially life -threatening. 5. Absent from home for more than 24 hours before being reported to law enforcement as missing. 6. In a life -threatening situation. 7. In the company of others who could endanger his/her welfare. 8. Absent in a way that is inconsistent with established patterns of behavior and cannot be readily explained. Most children have an established and reasonably predictable routine. 9. Involved in a situation that would cause a reasonable person to conclude the person should be considered at risk. Missing person - Any person who is reported missing to law enforcement when that person's location is unknown. Missing person networks - Databases or computer networks that are available to law enforcement and are suitable for obtaining information related to missing person investigations. This includes the National Crime Information Center (NCIC) and the Washington Crime Information Center (WACIC). 317.2 POLICY The Tukwila Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Tukwila Police Department gives missing person cases priority over property - Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 132 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons related cases and does not require a specific amount of time to have passed before beginning a missing person investigation. 317.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Major Crimes Unit supervisor shall ensure the following forms and kits are developed and available: • Missing person report form • Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (RCW 43.43.876) • Missing person school notification form • Medical records release form • Biological sample collection kits 317.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay. This can be accomplished by accepting the report via telephone or in -person and initiating the investigation. Those members who do not take such reports or who are unable to give immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any question of jurisdiction. 317.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a) Respond to a dispatched call as soon as practicable. (b) Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c) Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d) Broadcast a "Be on the Look -Out" (BOLO) bulletin if the person is under 16 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 16 years of age or may be at risk. (e) Ensure that entries are made into the appropriate missing person networks, as follows: 1. Immediately, when the missing person is at risk. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 133 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons 2. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. (f) Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. (g) Collect and/or review: 1. A photograph and fingerprint card of the missing person, if available. 2. A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). 3. Any documents that may assist in the investigation, such as court orders regarding custody. 4. Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). (h) When circumstances permit and if appropriate, attempt to determine the missing person's location through his/her telecommunications carrier (RCW 80.36.570). 1. Information may only be sought from a carrier in an emergency situation that involves the risk of death or serious physical harm. 2. Members shall check NCIC and other available databases for a history of domestic violence or court order restricting contact and verify through the Washington State Patrol (WSP) that the missing person is not participating in the address confidentiality program under RCW 40.24.030 et seq. Information obtained from NCIC, other databases, or WSP shall not be released except by court order. 3. Information received from a carrier is restricted and should only be released to first responders responding to the emergency situation. (i) Contact the appropriate agency if the report relates to a missing person report previously made to another agency and that agency is actively investigating the report. When this is not practicable, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at -risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. Q) Consider contacting the WSP Missing and Exploited Children's Task Force (MECTF) if additional resources are needed (RCW 13.60.110). 317.6 REPORT PROCEDURES AND ROUTING Members should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 317.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not be limited to: (a) Reviewing and approving missing person reports upon receipt. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 134 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons 1. The reports should be promptly sent to the Support Operations. (b) Ensuring resources are deployed as appropriate. (c) Initiating a command post as needed. (d) Ensuring applicable notifications and public alerts are made and documented. (e) Ensuring that records have been entered into the appropriate missing persons networks. (f) Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. 1. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 317.7 MAJOR CRIMES UNIT FOLLOW-UP In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation: (a) Should ensure that the missing person's school is notified within 10 days if the missing person is a juvenile. 1. The notice shall be in writing and should also include a photograph. 2. The investigator should meet with school officials as appropriate to stress the importance of including the notice in the child's student file, along with the investigator's contact information, if the school receives a call requesting the transfer of the missing child's files to another school. (b) Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to keep them informed, as appropriate, and to determine if any additional information has become available. (c) Should consider contacting other agencies involved in the case to determine if any additional information is available. (d) Shall verify and update WACIC, NCIC, and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (34 USC § 41308). (e) Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f) Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (34 USC § 41308). (g) Should make appropriate inquiry with the Medical Examiner. (h) Should obtain and forward medical and dental records, photos, X-rays, and biological samples, as applicable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 135 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons (i) Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not been obtained previously and forward the photograph to the WSP Missing and Unidentified Persons Unit (MUPU) and enter the photograph into applicable missing person networks (34 USC § 41308). Q) Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (k) In the case of an at -risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 566). 317.7.1 MISSING OVER 30 DAYS OR WHEN CRIMINAL ACTIVITY SUSPECTED When a person reported missing has not been found within 30 days of the report or at any time when criminal activity is suspected, the handling detective shall contact the county coroner or medical examiner to determine if that office has any information concerning the missing person. If, after conferring with the coroner or medical examiner, the person is still determined to be missing, the handling officers shall: (a) File a missing person's report with MUPU. (b) Initiate the collection of biological samples from the known missing person and his/her family members for nuclear and mitochondrial DNA testing along with the necessary consent forms, if not previously obtained during the investigation. (c) Ask the missing person's family or next of kin to give written consent to request the person's dental records. 1. Whenever possible, obtain diagnostic quality copies or original records of the missing person's dental records. As soon as possible, biological samples shall be submitted to the appropriate lab; dental records shall be submitted to MUPU (RCW 43.43.751; RCW 68.50.320). In all missing person cases, the assigned detective should attempt contact with the reporting party no less than every 30 days in order to verify the status of the reported missing person. After 12 months, contact with the reporting party should be attempted yearly. All verifications should be reported to WSP via A Central Computerized Enforcement Service System (ACCESS). 317.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies, and refer the case for additional investigation if warranted. The Senior Manager should ensure that, upon receipt of information that a missing person has been located, the following occurs: (a) Notification is made to MUPU. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 136 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Missing Persons (b) A missing child's school is notified. (c) Entries are made in the applicable missing person networks. (d) When a person is at risk, the fact that the person has been found should be reported within 24 hours to MUPU. (e) Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation. 317.8.1 UNIDENTIFIED PERSONS Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a) Obtain a complete description of the person. (b) Enter the unidentified person's description into the NCIC Unidentified Person File. (c) Use available resources, such as those related to missing persons, to identify the person. 317.9 CASE CLOSURE The Major Crimes Unit Supervisor may authorize the closure of a missing person case after considering the following: (a) Closure is appropriate when the missing person is confirmed returned or evidence matches an unidentified person or body. (b) If the missing person is a resident of Tukwila or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. (c) If this department is not the lead agency, the case can be made inactive if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks, as appropriate. (d) A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Missing Persons - 137 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Alerts 318.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 318.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system's individual criteria. 318.3 RESPONSIBILITIES 318.3.1 MEMBER RESPONSIBILITIES Members of the Tukwila Police Department should notify their supervisor, Shift Sergeant or CDO as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 318.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the CDO, who will notify the Chief of Police, the appropriate Division Commander and the Public Information Officer when any public alert is generated. The CDO shall also designate an Incident Commander. The Incident Commander is responsible for the following: (a) Updating alerts (b) Canceling alerts (c) Ensuring all appropriate reports are completed 318.3.3 PUBLIC ALERT REPORTING OFFICER RESPONSIBILITIES The Chief of Police should designate a public alert reporting officer, who is responsible for: (a) Remaining familiar with the protocols for activating, maintaining and cancelling all applicable public alerts. (b) Being the point of contact with the Washington AMBER Alert Advisory Committee. (c) Ensuring the Department has members who have completed the appropriate training. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Alerts - 138 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Alerts 318.4 WASHINGTON STATEWIDE AMBER ALERT TIM PLAN The AMBER AlertTM Plan is a voluntary partnership between law enforcement, state government agencies, broadcasters and other participants to rapidly disseminate information to enhance the public's ability to assist in recovering abducted children (RCW 13.60.010). The Tukwila Police Department participates in this partnership and may initiate an AMBER Alert to disseminate information to the public when the criteria for an AMBER Alert are met. 318.4.1 ALERT CRITERIA The following criteria must exist prior to requesting an AMBER Alert: (a) The child is under 18 years of age and is known to have been abducted. The child is not a runaway or a throw -away child. (b) The abducted child is believed to be in danger of death or serious bodily injury. (c) The AMBER Alert activation should occur within four hours of the qualifying event unless circumstances or the timeliness of the information warrant otherwise. (d) There must be enough descriptive information to believe that an AMBER Alert activation will assist in the recovery of the child, including: 1. Where and when the abduction took place. 2. A physical description of the child: height, weight, age, hair color and length, eye color, clothing worn when the child was last seen, and any distinguishing physical characteristics. 3. A physical description of the abductor: height, weight, age, hair color and length, eye color, clothing worn when the suspect last seen, and any distinguishing physical characteristics. 4. Place last seen. 5. Description of the vehicle: color, make, model, license number, approximate year. 6. The abductors actions, if known. (e) The incident must be reported to and investigated by a law enforcement agency. 318.4.2 PROCEDURE Should the Shift Sergeant or supervisor determine that the incident meets the criteria of the Washington Statewide AMBER Alert Plan, the Shift Sergeant or supervisor should: (a) Ensure that department protocol is followed regarding approval of the alert. (b) Ensure all appropriate documentation is completed. (c) Contact the Washington State Patrol (WSP) Communication Center for entry into the Law Enforcement Alerting Portal (LEAP). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Alerts - 139 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Alerts 318.4.3 INITIAL NOTIFICATIONS Upon initiation of an AMBER Alert, the Shift Sergeant or supervisor shall: (a) Ensure prompt entry of information into the Washington Crime Information Center (WACIC) and National Crime Information Center (NCIC) databases. (b) Promptly notify the Chief of Police and the appropriate Division Commander of any AMBER Alert activation. (c) Ensure the preparation of an initial press release that includes all the information required by the Washington Statewide AMBER Alert Plan, and any other available information that might aid in locating the child, such as: 1. A photograph. 2. Detail regarding location of incident, direction of travel, potential destinations, etc., if known. 3. Name and telephone number of the Public Information Officer or other authorized point of contact to handle media and law enforcement liaison. 4. A telephone number and point of contact for the public to call with leads or information. 318.5 ENDANGERED MISSING PERSON ADVISORY The Endangered Missing Person Advisory is a voluntary partnership between law enforcement, other government agencies and local broadcasters to rapidly disseminate information to law enforcement agencies, the media and the public about a missing and endangered person in circumstances that do not qualify for an AMBER Alert (RCW 13.60.050). The Tukwila Police Department participates in this partnership and may initiate the required notifications whenever a person is reported missing from this jurisdiction and meets the criteria of an Endangered Missing Person. An endangered missing person advisory may be termed a "silver alert" when initiated to assist in the recovery of a missing endangered person age 60 or older. 318.5.1 ADVISORY CRITERIA All of the following criteria must exist prior to initiating an Endangered Missing Person Advisory: (a) The person is missing under unexplained, involuntary or suspicious circumstances. (b) The person has a developmental disability, is a vulnerable adult or is believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance. This also includes a person diagnosed as having Alzheimer's disease or other age -related dementia (RCW 13.60.010). (c) There is enough information that could assist the public in the safe recovery of the missing person (e.g., photo or description, clothing worn when last seen, vehicle, location last seen). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Alerts - 140 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Alerts (d) The incident has been reported to and investigated by a law enforcement agency. 318.5.2 PROCEDURE Should the Shift Sergeant or supervisor determine that the incident meets the criteria of an Endangered Missing Person Advisory, the Shift Sergeant or supervisor should: (a) Ensure that department protocol is followed regarding approval of the alert. (b) Ensure all appropriate documentation is completed. (c) Contact the WSP Communication Center for entry into LEAP. (d) Direct Support Operations personnel to enter the information into the WACIC and NCIC databases using the proper message key: Missing (MNP), Endangered (EME), or Involuntary (EMI). (e) Notify ValleyCom of the advisory and ensure that it is prepared to handle a high volume of telephone calls. (f) Ensure that the handling officer attempts to obtain a photograph of the missing person and/or suspect as soon as possible. (g) Direct the Support Operations to enter the photograph into WACIC and NCIC, then send an email to the WSP Missing Persons Unit (MPU). (h) Appoint a Public Information Officer to handle the media. 1. The Public Information Officer should notify the media through appropriate channels regarding the Endangered Person Advisory. Upon request, the WSP MPU can provide electronic posters with details of the missing person. 2. If the Endangered Missing Person is 21 years of age or younger, NCMEC should be notified as soon as practicable. (i) The Support Operations personnel should promptly cancel the advisory after an Endangered Missing Person is located by sending an administrative message through A Central Computerized Enforcement Service System (ACCESS), noting that the person has been found. 318.6 BLUE ALERTS The Blue Alert system is a voluntary cooperation between law enforcement, state government agencies and local broadcasters to enhance the public's ability to assist in locating and apprehending persons suspected of killing or seriously injuring a law enforcement officer (RCW 10.108.030). The Tukwila Police Department participates in this partnership and may initiate a Blue Alert to disseminate information to the public when the criteria for a Blue Alert are met. 318.6.1 CRITERIA All of the following criteria are required to exist prior to initiating a Blue Alert (RCW 10.108.030): Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Alerts - 141 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Alerts (a) The suspect has not been apprehended. (b) The suspect poses a serious threat to the public. (c) Sufficient information is available to disseminate to the public to assist in locating and apprehending the suspect. (d) The release of the information will not compromise the investigation. (e) The release of the information will not improperly notify an officer's next of kin. 318.6.2 PROCEDURE Should the Shift Sergeant or supervisor determine that the incident meets the criteria of a Blue Alert, the Shift Sergeant or supervisor should: (a) Direct Support Operations personnel to prepare a Blue Alert administrative message through ACCESS. The words, "Blue Alert Advisory" should be included in the title of the message. (b) Contact WSP Communications to verify that the advisory was received and, if available, provide the suspect's vehicle information and request the Washington Department of Transportation (WSDOT) to activate variable message signs. (c) Ensure that descriptive information about the suspect, the suspect's whereabouts and the suspect's method of escape is disseminated. (d) Appoint a Public Information Officer to issue press releases and handle media inquiries. 1. The Public Information Officer should be updated continually and be in constant contact with all media outlets to obtain maximum media exposure, provide updates and cancel the Blue Alert when appropriate. (e) Advise ValleyCom of the Blue Alert and ensure that it is prepared to handle a high volume of telephone calls. (f) Ensure that a press release is issued cancelling the Blue Alert. 318.7 OTHER RESOURCE CONSIDERATIONS The Shift Sergeant or supervisor should consider the following resources, as appropriate: (a) Local allied law enforcement agency resources (b) FBI local office (c) The National Center for Missing and Exploited Children (NCMEC) 1. Monitor the Cyber Tipline® link and post missing children alerts (d) The National Oceanic Atmospheric Administration (NOAA) 1. Will relay AMBER Alerts over Weather Radio Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Alerts - 142 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Victim Witness Assistance 319.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 319.2 POLICY The Tukwila Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The employees of the Tukwila Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy. 319.3 CRIME VICTIM LIAISON The Chief of Police may appoint a member of the Department to serve as the crime victim liaison. The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Tukwila Police Department regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 319.3.1 SPECIFIC VICTIM LIAISON DUTIES The crime victim liaison should: (a) Ensure that the Department affords victims and witnesses their appropriate rights (RCW 7.69.030; RCW 7.69B.020; Chapter 93 § 9, 2019 Laws). (b) Ensure that child victims and witnesses are provided appropriate services and rights (RCW 7.69A.030). (c) Coordinate with the County Prosecutor's Office to ensure that all other required notifications are provided to victims and witnesses. 319.4 CRIME VICTIMS Officers should provide all victims with the applicable victim information handouts. Officers should never guarantee a victim's safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written department material or available victim resources. 319.4.1 RIGHT OF IMMEDIATE MEDICAL ASSISTANCE Victims have the right to immediate medical assistance and should not be detained for an unreasonable length of time before having such assistance administered. The officer may accompany the victim to a medical facility to question the victim about the criminal incident if the questioning does not hinder the administration of medical assistance (RCW 7.69.030). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Victim Witness Assistance - 143 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Victim Witness Assistance 319.5 VICTIM INFORMATION The Professional Standards Unit Division Commander shall ensure that victim information handouts are available and current. These should include as appropriate: (a) Shelters and other community resources for victims including domestic violence and sexual assault victims. (b) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage, and preservation in sexual assault cases (34 USC § 10449; 34 USC § 20109; Chapter 93 § 9, 2019 Laws). (c) An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. (d) A clear explanation of relevant court orders and how they can be obtained. (e) Information regarding available compensation for qualifying victims of crime. (f) VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender's custody status and to register for automatic notification when a person is released from jail. (g) Notice regarding U-Visa and T-Visa application processes. (h) Resources available for victims of identity theft. (i) A place for the officer's name, badge number, and any applicable case or incident number. (j) A written statement enumerating the rights of victims (RCW 7.69.030; RCW 7.69A.030; RCW 7.69B.020). (k) The name, address, and telephone number of the local victim/witness program, or contact information for the Washington Coalition of Crime Victim Advocates. (1) An advisement notifying victims of domestic violence of their right to personally initiate a criminal proceeding when an officer does not exercise arrest powers or initiate criminal proceedings by citation (RCW 10.99.030). (m) Information about the address confidentiality program (RCW 40.24.030). 319.6 WITNESSES Officers should never guarantee a witness' safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Victim Witness Assistance - 144 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Victim Witness Assistance 319.7 WITNESS INFORMATION Any person who has been or expects to be summoned to testify for the prosecution in a criminal action, orwho is subject to call or is likely to be called as a witness, has rights to specific information about the case (RCW 7.69.030). The Professional Standards Unit Division Commander shall ensure that witness information handouts are available and current. These should include information regarding witness rights (RCW 7.69.030). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. victim Witness Assistance - 145 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hate Crimes 320.1 PURPOSE AND SCOPE This department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this department will utilize all available resources to see that justice is served under the law. This policy has been developed to provide members of this department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 320.2 DEFINITIONS Except where otherwise noted, the following definitions are provided per RCW 9A.04.110: Bodily injury, physical injury, or bodily harm - Physical pain or injury, illness, or an impairment of physical condition. Gender expression or identity - Having, or being perceived as having, a gender identity, self- image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth (RCW 9A.36.080). Malice and maliciously - To import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty. Reasonable person - A reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same gender expression or identity, or the same mental, physical, or sensory handicap as the victim (RCW 9A.36.080). Sexual orientation - Heterosexuality, homosexuality, or bisexuality (RCW 9A.36.080). Threat - To communicate, directly or indirectly, the intent to cause bodily injury immediately or in the future to any other person or to cause physical damage immediately or in the future to the property of another person. 320.3 CRIMINAL STATUTES 320.3.1 HATE CRIME OFFENSES A person is guilty of a hate crime offense if he/she maliciously and intentionally commits one of the following acts because of his/her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability (RCW 9A.36.080): (a) Causes physical injury to the victim or another person. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Hate Crimes - 146 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hate Crimes (b) Causes physical damage to or destruction of the property of the victim or another person. (c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under the circumstances. Prima facie acts of hate are described in RCW 9A.36.080(2). 320.3.2 THREATS TO BOMB OR INJURE PROPERTY It is unlawful for any person to threaten to bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated (RCW 9.61.160). 320.3.3 FEDERAL JURISDICTION The federal government has the power to investigate and prosecute bias -motivated violence by giving the U.S. Department of Justice jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability (18 USC § 245). 320.4 CIVIL STATUTES In addition to the criminal penalty provided in RCW 9A.36.080 for committing a hate crime offense, the victim may bring a civil cause of action for the hate crime offense against the person who committed the offense. A person may be liable to the victim of the hate crime offense for actual damages, punitive damages of up to one hundred thousand dollars, and reasonable attorneys' fees and costs incurred in bringing the action (RCW 9A.36.083). 320.5 PREVENTING AND PREPARING FOR LIKELY HATE CRIMES While it is recognized that not all crime can be prevented, this department is committed to taking a proactive approach to preventing and preparing for likely hate crimes by: (a) Making an affirmative effort to establish contact with persons and groups within the community who are likely targets of hate crimes to form and cooperate with prevention and response networks. (b) Providing victim assistance and follow-up as outlined below, including community follow-up. (c) Educating community and civic groups about hate crime laws. 320.6 PROCEDURE FOR INVESTIGATING HATE CRIMES Whenever any member of this department receives a report of a suspected hate crime or other activity that reasonably appears to involve a potential hate crime, the following should occur: Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hate Crimes - 147 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hate Crimes (a) Officer(s) will be promptly assigned to contact the victim, witness, or reporting party to investigate the matter further as circumstances may dictate. (b) A supervisor should be notified of the circumstances as soon as practical. (c) Once "in progress" aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of present suspects, etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved. (d) The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate crime. (e) Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from detectives or other resources to further the investigation. (f) The assigned officer(s) will include all available evidence indicating the likelihood of a hate crime in the relevant report(s). All related reports will be clearly marked as "Hate Crimes" and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift. (9) The assigned officer(s) will provide the victim(s) of any suspected hate crime with a brochure on hate crimes. Such brochures will also be available to members of the general public upon request. The assigned officer(s) should also make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations. (h) The assigned officer(s) and supervisor should take reasonable steps to ensure that any such situation does not escalate further. 320.6.1 MAJOR CRIMES UNIT RESPONSIBILITY If a case is assigned to the Major Crimes Unit, the assigned detective will be responsible for following up on the reported hate crime as follows: (a) Coordinate further investigation with the County Prosecutor and other appropriate law enforcement agencies, as appropriate. (b) Maintain contact with the victim(s) and other involved individuals as needed. (c) Maintain statistical data on suspected hate crimes and tracking as indicated and report such data to the Washington Association of Sheriff's and Police Chiefs (WASPC) (RCW 36.28A.030). 320.7 TRAINING All members of this department will receive CJTC approved training on hate crime recognition and investigation (RCW 43.101.290). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Hate Crimes - 148 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy 321.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of this department and are expected of its members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning member conduct. Members are also subject to provisions contained throughout this manual as well as any additional guidance on conduct that may be disseminated by the Department or the member's supervisors. This policy applies to all employees (full- and part-time) and volunteers. 321.2 DISCIPLINE POLICY Failure of any employee to meet the guidelines set forth in this or any other City policymay be cause for disciplinary action. An employee may be subject to discipline for off -duty conduct if the conduct violates this policy, brings discredit to the department or materially affects the employees's ability to perform offical duties. 321.2.1 PROGRESSIVE DISCIPLINE The administration of discipline is generally expected to be progressive in nature, with relatively minor violations of rules resulting in minor disciplinary action for first offenders. Repetitive similar violations, or more serious violations, would generally result in progressively more serious forms of discipline being administered. Nothing in this policy is intended to preclude the administration of more serious forms of discipline, including termination, for a first offense when warranted by the seriousness of the offense. 321.3 CONDUCT WHICH MAY RESULT IN DISCIPLINE The following list of causes for disciplinary action constitutes a portion of the disciplinary standards of this department. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for specific action or inaction that is detrimental to efficient department service: 321.3.1 ATTENDANCE (a) Leaving job to which assigned during duty hours without reasonable excuse and proper permission and approval. (b) Unexcused or unauthorized absence or tardiness on scheduled day(s) of work. (c) Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 149 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy (d) Failure to notify the Department within a reasonable amount of time of any change in residence address, or home phone number. (e) Failure to comply with attendance -related policies. 321.3.2 CONDUCT (a) Unauthorized or unlawful fighting, threatening, or attempting to inflict unlawful bodily injury on another. (b) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment without first notifying the Chief of Police of such action. (c) Using Departmental resources in association with any portion of their independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non -subpoenaed records. (d) Engaging in horseplay resulting in injury or property damage. (e) Unauthorized possession of, loss of, or damage to department property or the property of others or endangering it through unreasonable carelessness or maliciousness. (f) Failure of any employee to promptly and fully report activities that have resulted in official contact as a potential suspect or offender by any other law enforcement agency. (g) Using or disclosing one's status as an employee with the Department in any way that could reasonably be perceived as an attempt gain influence or authority for non - departmental business or activity (RCW 9A.80.010). (h) The use of any information, photograph, video or other recording obtained or accessed as a result of employment with the Department for personal or financial gain may result in discipline under this policy. The Chief of Police or his/her designee may expressly authorize the use for personal or financial gainresult in discipline under this policy. (i) Seeking restraining orders against individuals encountered in the line of duty without the expressed permission of the Chief of Police. (j) Discourteous or disrespectful treatment of any member of the public or any member of this department or another law enforcement agency. (k) Unwelcome and repeated solicitation of a personal or sexual relationship while on or off -duty or through the use of official capacity. (1) Engaging in on -duty sexual relations including, but not limited to sexual intercourse, excessive displays of public affection or other sexual contact. 321.3.3 DISCRIMINATION (a) Discriminate against any person because of age, race, color, creed, religion, sex, sexual orientation, national origin, ancestry, marital status, physical or mental disability or medical condition. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 150 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy (b) Violation of Departmental or City policies prohibiting discrimination and harassment. 321.3.4 INTOXICANTS (a) Reporting for work or being at work following the use of intoxicants where such use impairs the employee's ability to perform assigned duties or where there is an immediate suspicion of ineffectiveness during public contact resulting from the use of intoxicants. (b) Unauthorized possession or use of intoxicants at work except as authorized in the performance of an official assignment. An employee who is authorized to consume intoxicants is not permitted to do so to such a degree that it may impair on -duty performance. (c) Reporting for work or being at work following the use of a controlled substance or any drug (whether legally prescribed or otherwise) where such use may impair the employee's ability to perform assigned duties. (d) Unauthorized possession, use of, or attempting to bring a controlled substance, including marijuana, or illegal drug to any work site. 321.3.5 PERFORMANCE (a) Any knowing or negligent violation of the provisions of the department manual, operating procedures or other written directive of an authorized supervisor. The Department shall make this manual available to all employees. Employees shall familiarize themselves with and be responsible for compliance with each of the policies contained herein. (b) Unauthorized sleeping during on -duty time or assignments. (c) Unsatisfactory work performance including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or instructions of supervisors without a reasonable and bona fide excuse. (d) Concealing or attempting to conceal defective work, removing, destroying or otherwise concealing it without permission. (e) Disobedience or insubordination to constituted authorities including refusal or deliberate failure to carry out or follow any proper order from any supervisor or person in a position of authority. (f) The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit or any other improper purpose. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 151 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy (g) Willfully making false, misleading or malicious statements that are reasonably calculated to harm or destroy the reputation, authority or official standing of the Department or members thereof. (h) The falsification of any work -related records, the making of misleading entries or statements with the intent to deceive, or the willful and unauthorized destruction and/ or mutilation of any department record, book, paper or document. (i) Wrongfully loaning, selling, giving away or appropriating any department property for the personal use of the employee or any unauthorized person. (j) The unauthorized use of any badge, uniform, identification card or other department equipment or property for personal gain or any other improper purpose. (k) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the employee's duties (lawful subpoena fees, authorized work permits, and plaques or awards of nominal value excepted). (1) Attempted or actual theft of department property, services or the property of others. (m) Unauthorized removal or possession of Departmental property or the property of another employee. (n) Criminal or dishonest conduct adversely affecting the employee/employer relationship, whether on- or off -duty. (o) Failure to disclose material facts or the making of any false or misleading statement with the intent to deceive on any application, examination form or other official document, report, form, or during the course of any work -related investigation. (p) Failure to take reasonable action while on -duty and when required by law, statute, resolution or approved department practices or procedures. (q) Associating with or joining a criminal gang, organized crime and/or criminal syndicate when a department member knows or reasonably should have known of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by the Department. (r) Offer or acceptance of a bribe or gratuity. (s) Misappropriation or misuse of public funds. (t) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (u) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: while on department premises; at any work site; while on -duty or while in uniform; or while using any department equipment or system. Gambling activity undertaken as part of an officer's official duties and with Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 152 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy the express knowledge and permission of a direct supervisor is exempt from this prohibition. (v) Substantiated, active, continuing association on a personal rather than official basis with a person or persons who engage in, or are continuing to engage in, serious violations of state or federal laws, where the employee has or reasonably should have knowledge of such criminal activities, except where specifically directed and authorized by the Department. (w) Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on -duty, on department property or while in any way representing him/herself as a member of this agency, except as expressly authorized by the Chief of Police. (x) Engaging in political activities during assigned working hours except as expressly authorized by the Chief of Police. (y) Violating any misdemeanor or felony statute. (z) Any other on -duty or off -duty conduct which any employee knows or reasonably should know is unbecoming of a member of the Department or which is contrary to good order, efficiency, discipline, morale, or which tends to reflect unfavorably upon the Department or its members. (aa) Any failure or refusal of an employee to properly perform the function and duties of an assigned position. (ab) Failure to maintain required and current licenses (e.g. driver's license) and certifications (e.g. first aid). (ac) False or misleading statements to a supervisor or other person in a position of authority in connection with any investigation or employment -related matter. (ad) Failure to comply with the oath of office and agency policies, including the duty to be truthful and honest in the conduct of official business. (ae) Failure to provide rank, name, and badge number to anyone who requests it. (af) Making public statements to any group regarding department activities, plans, methods or policies without the approval of a division commander. (ag) Displaying or drawing a weapon for reasons other than preparing for use, inspection or duty related functions. (ah) Joining a subversive or oppressive organization that calls for the violent opposition to the government. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 153 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disciplinary Policy 321.3.6 SAFETY (a) Failure to observe posted rules, signs, and written or oral safety instructions while on duty and/or within department facilities or to use required protective clothing or equipment. (b) Knowingly failing to report any on-the-job or work related accident or injury as soon as practicable or by the end of the shift in which it occurred. (c) Substantiated employee record of unsafe or improper driving habits or actions in the course of employment. (d) Failure to maintain physical condition sufficient to safely perform all essential functions of the law enforcement position held. (e) Any personal action contributing to involvement in a preventable traffic collision, or other unsafe driving habits or actions in the course of employment. (f) Engaging in any serious or repeated violation of departmental safety standards or safe working practices. 321.3.7 SECURITY (a) Unauthorized, intentional release of designated confidential information, materials, data, forms or reports. 321.3.8 SUPERVISION RESPONSIBILITY (a) Failure of a supervisor to take appropriate action to ensure that employees adhere to the policies and procedures of this department and the actions of all personnel comply with all laws. (b) Failure of a supervisor to timely report known misconduct of an employee to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c) The unequal or disparate exercise of authority on the part of a supervisor toward any employee for malicious or other improper purpose. 321.4 INVESTIGATION OF DISCIPLINARY ALLEGATIONS Regardless of the source of an allegation of misconduct, all such matters will be investigated in accordance with Personnel Complaint Procedure Policy Manual § 1008 and Civil Service Rules (RCW 41.12.090). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disciplinary Policy - 154 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Report Preparation 322.1 PURPOSE AND SCOPE Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer's memory and to provide sufficient information for follow- up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training. 322.1.1 REPORT PREPARATION Employees should try to complete reports that are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off -duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee's opinions should not be included in reports unless specifically identified as such. 322.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor. 322.2.1 CRIMINAL ACTIVITY REPORTING When an employee responds to a call for service, or as a result of self -initiated activity becomes aware of any activity where a crime has occurred, the employee is required to document the activity. The fact that a victim is not desirous of prosecution is not an exception to documenting a report. The following are examples of required documentation: (a) In every instance where a felony has occurred, the documentation shall take the form of a written crime report. (b) In every instance where a misdemeanor crime has occurred, officers should take a report unless otherwise directed by a supervisor. If a report is not taken, officers will record details of the incident in CAD. (c) In every case where any force is used against any person by police personnel. (d) All incidents involving domestic violence. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Report Preparation - 155 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Report Preparation (e) All arrests. 322.2.2 NON -CRIMINAL ACTIVITY Incidents that require documentation on the appropriate approved report include: (a) Any use of force against any person by a member of this department (see the Use of Force Policy). (b) Any firearm discharge (except during training; see the Firearms and Qualification Policy). (c) Any time a person is reported missing, regardless of jurisdiction (see the Missing Persons Reporting Policy). (d) Any found property or found evidence checked into evidence storage. (e) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy). (f) Suspicious incidents that may indicate a potential for crimes against children or that a child's safety is in jeopardy. (g) All protective custody detentions. (h) Suspicious incidents that may place the public or others at risk. (i) Whenever the employee believes the circumstances should be documented or at the direction of a supervisor. 322.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigation Policy. An officer handling a death investigation should notify and apprise a supervisor of the circumstances surrounding the incident and a determination will be made on how to proceed. The following cases shall be appropriately investigated and documented using the approved report: (a) Sudden or accidental deaths. (b) Suicides (c) Homicide or suspected homicide. (d) Unattended deaths (No physician in attendance within 36 hours preceding death). (e) Found dead bodies or body parts. 322.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. 322.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this department shall require a report when: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Report Preparation - 156 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Report Preparation (a) The injury is a result of drug overdose. (b) Attempted suicide. (c) The injury is major/serious, whereas death could result. (d) The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event. The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 322.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all officers and supervisors should actwith promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. 322.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for departmental consistency. 322.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should make notations on the report. The original report should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 322.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Support Operations for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Support Operations may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor. 322.6 ON-LINE REPORTING It is the intent of the Tukwila Police Department to provide the most efficient and effective law enforcement service possible to the community. In many instances the achievement of this goal requires patrol officers to remain available for priority responses, while some reports are taken by telephone or other means. If a citizen insists on a response by a police officer, a police officer will be dispatched when one becomes available. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Report Preparation - 157 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Report Preparation A non -priority report is considered either a • a criminal report with no suspect information or very little/no viable suspect information, or • a non-riminal report of a minor nature or that is necessary for documentation purposes. The Shift Sergeant will be responsible for handling all reports made via the online reporting system and will ensure that these online reports are processed in a timely manner. If a citizen that has called or walked into the station to make a non -priority report chooses not to make that report online they will be referred to ValleyCom non -emergency number so a patrol officer can take the report. Following are the types of non -priority reports that can be reported online and will be handled by the Shift Sergeant: • Vandalism • Harassing Phone Calls • Hit & Run • Identity Theft • Mail Theft • Shoplifting • Theft • Theft from Auto • Lost Property Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Report Preparation - 158 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Media Relations 323.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 323.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police, however, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Division Commanders, Shift Sergeants and designated Public Information Officer(s) may prepare and release information to the media in accordance with this policy and the applicable law. 323.2.1 MEDIA REQUEST Any media request for information or access to a law enforcement situation shall be referred to the PIO, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: (a) At no time shall any employee of this department make any comment or release any official information to the media without prior approval from a supervisor or the designated department media representative. (b) In situations involving multiple law enforcement agencies, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. (c) Under no circumstance should any member of this department make any comment(s) to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. 323.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions: (a) The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b) Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1. Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Media Relations - 159 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Media Relations be coordinated through the department Public Information Officer or other designated spokesperson. 2. Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hampers incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Shift Sergeant. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration should be contacted (14 CFR 91.137). (c) No member of this Department who is under investigation shall be subjected to media visits or interviews without the consent of the involved employee. (d) Media interviews with individuals who are in custody shall not be permitted without the approval of the Chief of Police and the express consent of the person in custody. A tactical operation should be handled in the same manner as a crime scene, except the news media should be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. All comments to the media shall be coordinated through a supervisor or the Public Information Officer. 323.3.1 PROVIDING ADVANCE INFORMATION To protect the safety and rights of officers and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the news media, nor should media representatives be invited to be present at such actions except with the prior approval of the Chief of Police. 323.4 SCOPE OF INFORMATION SUBJECT TO RELEASE The Department will maintain a daily information log of significant law enforcement activities that shall be made available, upon request, to media representatives through the Shift Sergeant. When requested, additional information may be made available (RCW 42.56.070(1)). This log will generally contain the following information: (a) The date, time, location, case number, type of crime, extent of injury or loss and names of individuals (except confidential informants) involved in crimes occurring within this jurisdiction unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. (b) The date, time, location, case number, name, birth date and charges for each person arrested by this department unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Media Relations - 160 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Media Relations (c) The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident subject to the restrictions of this policy and applicable law. Identifying information concerning deceased individuals shall not be released to the media until notification of next of kin or otherwise cleared through the Coroner's Office. Any requests for copies of related reports or additional information not contained in this log shall be referred to the designated department media representative, the Public Records Officer, or if unavailable, to the Shift Sergeant. Such requests will generally be processed in accordance with the provisions of the Public Records Act (RCW Chapter 42.56.001 et seq.). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Media Relations - 161 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance 324.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 324.2 DEFINITIONS In -progress Emergency: A situation where the involved law enforcement officer(s) requests additional units to an unknown or developing incident, where the law enforcement officer(s), victim(s), or community is in danger and the on scene personnel cannot control the situation or effect the outcome without immediate allocation of additional resources. Some examples of this type of incident include but are not limited to: shots fired, officer involved shooting, explosions, vehicle and foot pursuits, assaults on officers, large numbers of hostile subjects. On -Going Incident: A situation where law enforcement is involved in a situation and additional law enforcement resources are required; however, there is no in -progress emergency and at the time of the request there is time to coordinate the responding law enforcement units. Some examples of this type of incident include but are not limited to: crowd control events; and contained crime scenes. Request for Additional Resources: A request for additional resources to staff an on -going incident. The situation requires additional law enforcement resources at the time of the request and there is time to coordinate the responding law enforcement units. Some examples of this type of incident include but are not limited to: crowd control events; and contained crime scenes. Requesting Agency The agency requesting additional resources and for whom the responding agencies will take direction at the incident site. ICS Incident Command System: A system providing specific structure, process and capabilities at an incident or event to provide management of resources to accomplish the command objectives. Staging Area: A designated place under ICS control where responders muster prior to being deployed in the field. Strike Team: A component of ICS where like resources are combined in a working deployable set of five and a supervisor with or without vehicles as requested, i.e. five officers and a Sgt., five fire engines, five line crews (power). Incident Commander: The person who is in charge of and responsible for the incident or event. 324.3 POLICY STATEMENT Responding to requests for immediate assistance requires a priority response to support life safety at the scene. These incidents present a danger to the public, victims, officers, and suspects. Requesting and responding personnel to calls for immediate assistance share the responsibilities Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Agency Assistance - 162 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance of ensuring a well -coordinated response and resolution of the emergency while mitigating the associated risks. To fulfill these obligations, it shall be the policy of Tukwila Policy Department to regulate the manner in which emergency response actions are undertaken and performed when responding to requests for assistance. Any officer may request immediate emergency assistance, such as a "Code 3," when he or she believes that additional resources are needed to mitigate an imminent threat to life or serious physical harm to self or others. The requesting officer, or other officers on scene, should notify dispatch when responding officers can downgrade their response or are no longer needed. Supervisors or Command personnel have the authority and responsibility to request mutual aid emergency response when they believe on -duty resources are inadequate to resolve a law enforcement emergency that presents a threat to the life and safety of the officers or others. The requesting supervisor shall assess and manage the response and assumes the position and responsibilities of the incident commander (IC) until relieved by another. When Tukwila borders on the jurisdiction requesting assistance, on -duty officers may respond to the incident with notification to dispatch. Supervisors shall monitor the request and coordinate the response. When Tukwila does not border the requesting jurisdiction, officers should not respond without receiving a specific request from the requesting agency and authorization by their supervisor. If not requested at the mutual aid incident, officers should prepare to assist other agencies that will have diminished resource capabilities due to its support of the incident. Officers shall notify dispatch of their response and check in with the IC or Staging Manager upon their arrival or as soon as possible. Officers shall deploy as directed by the IC and check out prior to dispatching from the incident. There may be situations where officers may deploy directly to the emergency location without physically checking in with an IC or Staging Manager. Examples of this may be a request to "help the officer" or a "Code 3." Other scenarios may occur where the IC directs incoming units to specific locations or tasks such as road closures or perimeter locations. On these occasions officers should check in over the air rather than in person. The requesting agency IC shall maintain command and control of the resources at the incident, establish incident priorities, deploy resources, authorize and implement the incident action plan, ensure logistical support is provided, and demobilize assets upon conclusion of the incident. 324.4 PROCEDURES Initiation of Emergency Request for Assistance: (a) The on -scene IC should assess the situation, resources available within the agency, and approximate number of additional officers or specific resources needed (K9, SWAT, CDU). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Agency Assistance - 163 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance (b) The IC should request the resources through their dispatch and state: 1. their call sign 2. their location 3. event and suspect description if needed 4. the command post and staging locations 5. and, if applicable, any immediate needs that responding officers may assume upon arrival, such as road blocks, traffic control or perimeter locations. (c) Routes of ingress may need to be communicated dependent on the incident. (d) The crisis area and inner and outer perimeters should be defined and communicated to the incoming units. (e) Radio frequencies should be identified and restricted for the event. Initiation of Response: (a) Responding officers shall advise dispatch, for tracking of resources assigned to the event, of their response. (b) If more than one officer is responding, they should respond as a team with a designated team leader/supervisor. (c) Officers responding will monitor the radio frequency involved but stay off the air until they arrive on scene. (d) Officers shall not self -deploy into the location of the incident. They should respond to the Staging Area unless otherwise directed by the IC. (e) Whenever possible a supervisor will respond. Supervisors are often needed to assist and support the on -scene commander. They may be assigned a position in the command post or they may directly supervise incoming officers. (f) Those responding to the call will follow Arriving Protocols outlined below. Arrival Protocols for Officers: (a) All officers shall advise dispatch when they arrive on scene. (b) Officers shall check in with the Staging Manager. This may occur in person at the Staging Area or via radio if a Staging Manager is not yet at the Staging Area. If an Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Agency Assistance - 164 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance officer was assigned a position prior to arrival, they should check in with the IC when they arrive either over the air or in person. (c) Personnel arriving in a Squad or Strike Team configuration should have one person advise the Staging Manager or IC of their arrival. (d) Officers, when practical, should advise the Staging Manager of any specialty skills or resources they possess. (e) Officers, Squads, Strike Teams, or Specialty Units will not deploy until directed by the Staging Manager or IC. (f) Officers work under the direction of the IC during their participation in the incident. (g) Officers will follow department policies while implementing the mission given by the IC. Conflicts in actions are brought to the attention of the IC through the chain of command for de -confliction. (h) Officers who respond under this policy will not depart from the incident scene without going through the established demobilization procedures set up by the ICS structure. Requesting Agency Supervisory Responsibilities: (a) When made aware of an emergency response the appropriate supervisor shall take command of the scene and coordinate response activities and has the discretion to limit the response from other agencies. (b) The Supervisor shall implement the Incident Command System to manage the event. Responding Supervisory Responsibilities: (a) When made aware of an emergency response the responding supervisor shall coordinate and direct their agency activities to ensure proper procedures are followed. The supervisor shall have the discretion to limit their agency's response per their departmental procedures. (b) Where possible, a supervisory officer shall respond to the location to support and assist the requesting agency and to provide direct supervision of responding officers. 324.5 REQUEST FOR ADDITIONAL RESOURCES The IC should request mutual aid for incidents or events, even though they may be non -emergency in nature, which requires resources beyond the agency's assets. The IC should request enough units to cover the positions while considering relief needs as well. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Agency Assistance - 165 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance The IC will advise dispatch of its need for resources, to include: (a) The number and type of resources requested. (b) The anticipated use of the resources. (c) Timeline for arrival and anticipated demobilization time. (d) The specific agency where the resources should be drawn per existing MOU's, if applicable. (e) Staging area location and name of the staging manager. (f) Provide the incident liaison officer's name and contact information. (g) Provide additional incident specific information as needed. The IC will assign a staging manager to support mutual aid response. Responding officers will follow the response and arrival protocols as described in section 352.4 of this policy, unless amended by the requesting IC. 324.6 TRAINING New officers shall be trained in this protocol during Field Training. Supervisors should provide shift level training for this protocol as needed. 324.7 POLICY It is the policy of the Tukwila Police Department to promptly respond to requests for assistance by other law enforcement agencies, subject to available resources and consistent with the applicable laws and policies of this department. 324.8 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Shift Sergeant's office for approval. In some instances, a mutual aid agreement or other established protocol may exist that eliminates the need for approval of individual requests. When another law enforcement agency requests assistance from this department, the Shift Sergeant may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance, however, they shall notify a supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Probation violators who are temporarily detained by this department will not ordinarily be booked at this department. Only in exceptional circumstances, Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. outside Agency Assistance - 166 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Agency Assistance and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 324.8.1 INITIATED ACTIVITY Any on -duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Tukwila Police Department shall notify his/her supervisor or the Shift Sergeant and ValleyCom as soon as practicable. This requirement does not apply to special enforcement details or multi -agency units that regularly work in multiple jurisdictions. 324.9 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 324.10 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Professional Standards Unit Division Commander or the authorized designee. The documentation should include: (a) The conditions relative to sharing. (b) The training requirements for: 1. The use of the supplies and equipment. 2. The members trained in the use of the supplies and equipment. (c) Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to ValleyCom and the Shift Sergeant to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Officer should maintain documentation that the appropriate members have received the required training. 324.11 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a general case report or as directed by the Shift Sergeant. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Agency Assistance - 167 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Registered Offender Information 325.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Tukwila Police Department will address issues associated with certain offenders who are residing in the jurisdiction and how the Department will disseminate information and respond to public inquiries for information about registered offenders. 325.2 POLICY It is the policy of the Tukwila Police Department to identify and monitor registered offenders living within this jurisdiction and to take reasonable steps to address the risks those persons may pose. 325.3 REGISTRATION The King County Sheriff's Office (KCSO) registers sex offenders in King County. The Tukwila Police Department relies on KCSO registration information to monitor sex offenders residing in the city limits. 325.4 MONITORING OF REGISTERED OFFENDERS The Major Crimes Unit supervisor should establish a system to periodically, and at least once annually, verify that a registrant remains in compliance with his/her registration requirements after the initial registration. This verification should include, as applicable: (a) Efforts to confirm residence using an unobtrusive method, such as an Internet search, drive -by of the declared residence or address verification under RCW 9A.44.135. 1. When notice is received that a sex offender is moving outside the jurisdiction of the Tukwila Police Department, the Major Crimes Unit supervisor is responsible for address verification until the registrant completes registration with a new residential address (RCW 9A.44.130(5)). (b) Review of information on the WASPC Sex Offender Information website. (c) Contact with a registrant's community correction officer. (d) Review any available Washington State database of felony firearm offenders. Any discrepancies with sex/kidnapping offenders should be reported to ACCESS (A Central Computerized Enforcement Service System), which is administered by WSP, and, in the case of sex offenders only, to WASPC. The Major Crimes Unit supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Tukwila Police Department personnel, including timely updates regarding new or relocated registrants. 325.4.1 OFFENDERS TRAVELING OUT OF THE COUNTRY When written notice is received from a registrant who intends to travel outside of the United States, the Sheriff shall notify the United States Marshals Service as soon as practicable after receipt Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Registered Offender Information - 168 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Registered Offender Information of notification and also of any further notice of changes or cancellation of travel plans (RCW 9A.44.130(3)). 325.5 DISSEMINATION OF PUBLIC INFORMATION Members will not unilaterally make a public notification advising the community of a particular sex/kidnapping registrant's presence in the community. Members who identify a significant risk or other public safety issue associated with a sex/kidnapping registrant should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police if warranted. A determination will be made by the Chief of Police, with the assistance of legal counsel as necessary, whether such a public alert should be made. Members of the public requesting information on sex/kidnapping registrants should be provided the WASPC Sex Offender Information website or the Tukwila Police Department's website. The Senior Manager shall release local sex/kidnapping registered offender information to residents in accordance with RCW 4.24.550 and in compliance with a request under the Public Records Act (RCW 42.56.001 et seq.). Information pertaining to felony firearm offenders should not be disseminated to the public. All inquiries should be referred to WSP. 325.5.1 RELEASE NOTIFICATIONS FOR SEX OR KIDNAPPING OFFENDERS Registrant information that is released should include notification that: (a) The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b) The information is provided as a public service and may not be current or accurate. (c) Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d) The crime for which a person is convicted may not accurately reflect the level of risk. (e) Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. (f) The Tukwila Police Department has no authority to direct where an offender may live. 325.5.2 MANDATORY NOTIFICATION The Major Crimes Unit Division Commander shall ensure that: (a) A public notification is made for sex offenders who are classified as Risk Level II I and who register in the City. The notice shall conform to the guidelines established in RCW 4.24.5501. (b) All information on sex/kidnapping offenders registered in the City is regularly updated and posted on the WASPC Sex Offender Information website (RCW 4.24.550(5)). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Registered Offender Information - 169 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Registered Offender Information 325.5.3 DISCRETIONARY DISSEMINATION FOR SEX OFFENDERS Dissemination should be predicated upon the levels detailed below (RCW 4.24.550(3)): (a) Offenders classified as Risk Level I: The Department may disclose, upon request, relevant, necessary and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the sex offender resides, expects to reside or is regularly found, and to any individual who requests information regarding a specific offender. (b) Offenders classified as Risk Level II: In addition to the dissemination for Level I, the Department may also disclose relevant, necessary and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women or vulnerable adults, and neighbors and community groups near the residence where the sex offender resides, expects to reside or is regularly found. (c) Offenders classified as Risk Level III: In addition to the dissemination of Level I and Level II, the Department may also disclose relevant, necessary and accurate information to the public at large. (d) Homeless and transient sex offenders may present unique risks to the community due to the impracticality of localized notification. The Department may also disclose relevant, necessary and accurate information to the public at large for sex offenders registered as homeless or transient. 325.5.4 SCHOOL NOTIFICATIONS The Sheriff has the responsibility of notifying the applicable school's principal or public safety department of any sex/kidnapping offender who attends or is employed at the school and for providing the following information about the offender (RCW 9A.44.138): • Name • Complete residential address • Date and place of birth • Place of employment • Crime for which the person have been convicted • Date and place of conviction • Aliases • Social Security number • Photograph • Risk level classification Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Registered Offender Information - 170 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Registered Offender Information 325.6 SEX OFFENDER RISK ASSESSMENT The Major Crimes Unit Division Commander shall establish a procedure to review and assign an initial risk level classification of sex offenders who have moved or are released into this jurisdiction and the risk assessment level has not already been assigned by the Washington Department of Corrections. That procedure shall address (RCW 4.24.550(6)): • The circumstances under which the Tukwila Police Department is authorized to assign its own risk level. • Risk level classification criteria. • What risk assessment tools may be used and how such tools are scored. • Assessment of known aggravating or mitigating factors related to the risk posed by the offender to the community. • Notification process following a change in the risk level classification. • The process for an offender to petition for review of the risk level classification. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Registered Offender Information - 171 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Major Incident Notification 326.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made. 326.2 POLICY The Tukwila Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 326.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police and the affected Division Commander. The following list of incident types is provided as a guide for notification and is not intended to be all-inclusive: • Homicide or Suspicious death investigation • First degree assault • Kidnapping • Bank Robbery • First degree rape incident (not necessary for report of prior incident) • Child rape (not necessary for report of prior incident) • Disrupted traffic flow for an extended period of time that has significant impact • Traffic accidents with fatalities • Officer -involved shooting on- or off -duty (See the Officer -Involved Shooting Policy for special notifications) • Significant injury or death to employee on- or off -duty • A police related incident in Tukwila is covered by the media • The SWAT Team is activated • Vehicle pursuits involving TPD Officers • Injury accidents involving TPD patrol vehicles • Major fires • Any crime in suspicious circumstances in which children are the target/victim and the suspect is a stranger to them • Armed robberies with injuries or shots fired Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Major Incident Notification - 172 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Major Incident Notification • Whenever a politically sensitive incident occurs • Regional disasters outside of Tukwila where the department may choose to send help • A significant incident involving a City employee • Any incident or information that is received that may be a threat to life or property involving a student or our schools, such as a bomb threat or information that a student may bring a weapon to school 326.4 SHIFT SUPERVISOR RESPONSIBILITY The Shift Sergeant is responsible for making the appropriate notifications. Command Duty Officer (CDO) shall be notified. The CDO will decide who needs to be informed. The CDO will make further notifications up the Chain of Command. 326.4.1 STAFF NOTIFICATION In the event an incident occurs described in Policy Manual § 358.3, the Chief of Police shall be notified along with the affected Division Commander. 326.4.2 DETECTIVE NOTIFICATION If the incident requires that a detective respond from home, the supervisor will contact the CDO. 326.4.3 TRAFFIC NOTIFICATION In the event of a traffic fatality or major injury, the on -duty supervisor shall contact the CDO. 326.4.4 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Major Incident Notification - 173 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Death Investigation 327.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 327.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Fire Department should be called in all death cases. A supervisor shall be notified in all death investigations. 327.2.1 CORONER JURISDICTION OVER REMAINS The coroner has jurisdiction of bodies of all deceased persons who come to their death suddenly in any of the following cases (RCW 68.50.010): (a) When in apparent good health without medical attendance within the thirty-six hours preceding death. (b) Where the circumstances of death indicate death was caused by unnatural or unlawful means. (c) Where death occurs under suspicious circumstances. (d) Where a coroner's autopsy or post mortem or coroner's inquest is to be held. (e) Where death results from unknown or obscure causes. (f) Where death occurs within one year following an accident. (g) Where the death is caused by any violence whatsoever. (h) Where death results from a known or suspected abortion; whether self-induced or otherwise. (i) Where death apparently results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation, exposure, alcoholism, narcotics or other addictions, tetanus, strangulations, suffocation or smothering. (j) Where death is due to premature birth or still birth. (k) Where death is due to a violent contagious disease or suspected contagious disease which may be a public health hazard. (1) Where death results from alleged rape, carnal knowledge or sodomy. (m) Where death occurs in a jail or prison. (n) Where a body is found dead or is not claimed by relatives or friends. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Death Investigation - 174 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Death Investigation The body or human remains shall not be disturbed or moved from the position or place of death without permission of the coroner (RCW 68.50.050). 327.2.2 DEATH NOTIFICATION When practical, and if not handled by the Coroner's Office, notification to the next -of -kin of the deceased person shall be made, in person, by the officer assigned to the incident. If the next -of - kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If the relatives live outside this county, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made. Assigned detectives may need to talk to the next -of -kin. 327.2.3 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented in a case report. 327.2.4 SUSPECTED HOMICIDE If it is suspected that the death involves a homicide or other suspicious circumstances, the on - duty supervisor shall notify the CDO for MCU callout. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Death Investigation - 175 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Identity Theft 328.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 328.2 REPORTING This department will initiate an incident report whenever a person reasonably suspects that his/her financial information or means of identification has been unlawfully obtained, used, or transferred to another person or entity in all cases where the victim resides or works within this jurisdiction, or where any part of the crime occurred within this jurisdiction. (RCW 9.35.050). In cases where the reporting party does not reside or work within this jurisdiction and there is no known or suspected criminal activity occurring within this jurisdiction the reporting party may be referred to the appropriate law enforcement agency having jurisdiction. Reports should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim's name when the victim has never made such an application). The employee preparing the report should also cross-reference all other known reports made by the victim (e.g., US Secret Service, credit reporting bureaus, US Postal Service and DOL) with all known report numbers. Following supervisory review and departmental processing, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Identity Theft - 176 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Limited English Proficiency Services 329.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 329.1.1 DEFINITIONS Definitions related to this policy include: Bilingual - The ability to communicate in two languages fluently, including the ability to communicate technical and law enforcement terminology. Bilingual includes a variety of skill levels. For example, some bilingual individuals may be fluent enough to engage in direct communications in a non-English language but insufficiently fluent to interpret or translate from one language into another. For example, a bilingual individual, depending on his/her skill level, could be utilized to communicate fluently in a non-English language but not to interpret between two languages if he/she does not possess the specialized skills necessary to interpret between two languages effectively. In order to be utilized to interpret or translate from one language into another, an individual must possess the skill, training, and demonstrated competence to do so. 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. Limited English Proficient (LEP) - 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 such as 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. Translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 329.2 POLICY It is the policy of the Tukwila Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 329.3 LEP COORDINATOR This department will make a reasonable effort to provide meaningful and timely assistance to LEP individuals through appropriate services, where available. LEP individuals may elect to use the Language Line at no cost or choose to provide their own interpreter services at their own expense. Department personnel should document in any related report whether the LEP individual elected to Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Limited English Proficiency Services - 177 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Limited English Proficiency Services use interpreter services provided by the Department or some other source. Department -provided interpreter services may include, but are not limited to the following assistance methods. 329.3.1 TELEPHONE INTERPRETER SERVICES The Language Line is the primary method department employees will use to communicate with LEP individuals when a translator is not available. 329.3.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF INTERPRETATION Where competent bilingual departmental personnel or other department -certified staff are unavailable to assist, responsible members of the community who have demonstrated competence in either monolingual (direct) communication and/or in interpretation and translation (as noted above) may be called upon to assist in communication efforts. Sources for these individuals may include neighboring police departments, university languages and linguistics departments, local businesses, banks, churches, neighborhood leaders and school officials. Department personnel should ensure that community members are able to provide unbiased assistance. The nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). Except for exigent or very informal and non -confrontational circumstances, the use of an LEP individual's bilingual friends or family members, particularly children, are generally not recommended and department personnel shall make case -by -case determinations on the appropriateness of using such individuals (for further guidance see section V(3) of the U.S. DOJ Final Guidance available at the U.S. DOJ website). 329.4 FOUR -FACTOR ANALYSIS Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts which may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Department personnel must assess each situation to determine the need and availability for translation services to all involved LEP individuals and utilize the methods outlined in this policy to provide appropriate language assistance. Although not every situation can be addressed within this policy, it is important that department personnel are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action taken with an LEP individual. It would, for example, be meaningless to request consent to search if the person requesting is unable to effectively communicate with an LEP individual. 329.4.1 INVESTIGATIVE INTERVIEWS In any situation where the translation of an interview may contain information that might be used in a criminal trial, it is important to take certain steps to improve the chances of admissibility. This includes interviews conducted during an investigation with victims, witnesses, and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Limited English Proficiency Services - 178 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Limited English Proficiency Services Any person selected as an interpreter and/or translator must have demonstrated competence in both English and the non-English language involved and knowledge of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the case. The person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation to the court. 329.5 TYPES OF LEP ASSISTANCE AVAILABLE Tukwila Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department -provided LEP services at no cost or they may choose to provide their own. Department -provided LEP services may include, but are not limited to, the assistance methods described in this policy. 329.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 329.7 AUDIO RECORDINGS (a) Language identification cards (b) Translated Miranda warning cards and other frequently used documents Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Limited English Proficiency Services - 179 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communications with Persons with Disabilities 330.1 PURPOSE AND SCOPE Individuals who suffer from deafness, hearing impairment, blindness, impaired vision, mental or other disabilities may encounter difficulties in gaining meaningful access to, or an understanding of important rights, obligations and services. In accordance with the Americans with Disabilities Act (ADA), it is therefore the policy of this department to take all reasonable steps to accommodate such individuals in any law enforcement contact. 330.2 POLICY Because the nature of any law enforcement contact may vary substantially from one situation to the next, employees of this department should consider all information reasonably available to them when determining how to communicate with an individual suffering from any disability. These factors may include, but are not limited to: (a) The extent to which a disability is obvious or otherwise made known to the involved employee. Impaired or disabled individuals may be reluctant to acknowledge their condition and may even feign a complete understanding of a communication despite actual confusion. (b) The nature of the disability (e.g., total deafness or blindness vs. impairment). (c) The nature of the law enforcement contact (e.g., emergency vs. non -emergency, custodial vs. consensual contact). (d) Availability of resources to aid in communication. When considering these and other available information, the involved employee(s) should carefully balance all factors in an effort to reasonably ensure meaningful access by individuals suffering from apparent disabilities to critical services while not imposing undue burdens on the Department or its officers. 330.2.1 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/ or emotionally charged, department employees should remain alert to the possibility of communication problems and exercise special care in the use of all gestures, and verbal and written communication in an effort to minimize initial confusion and misunderstanding when dealing with any individual(s) with known or suspected disabilities or communication impairments. 330.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Patrol Division Commander or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Tukwila Police Department - 1 80 Tukwila Police Department Tukwila PD Policy Manual Communications with Persons with Disabilities (a) Working with the City ADA coordinator regarding the Tukwila Police Department's efforts to ensure equal access to services, programs and activities. (b) Developing reports, new procedures, or recommending modifications to this policy. (c) Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. (d) Ensuring that a list of qualified interpreter services is maintained and available to each Shift Sergeant and ValleyCom Supervisor. The list should include information regarding the following: 1. Contact information 2. Availability (e) Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. (g) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 330.3.1 FIELD RESOURCES Individual officers and employees are encouraged to utilize resources immediately available to them in any contact with a known or suspected disabled or impaired person. Examples of this would include such simple methods as: (a) Hand gestures or written communications exchanged between the employee and a deaf or hearing impaired individual. (b) Facing an individual utilizing lip reading and speaking slowly and clearly. (c) Slowly and clearly speaking or reading simple terms to any visually or mentally impaired individual. 330.3.2 AUDIO RECORDINGS AND ENLARGED PRINT From time to time, the Department may develop audio recordings of important information needed by blind or visually impaired individuals. In the absence of such audio recordings, employees may elect to read aloud the Department form or document to a visually impaired individual or utilize a photocopier to enlarge printed forms for a visually impaired individual. 330.3.3 FAMILY AND FRIENDS OF DISABLED OR IMPAIRED INDIVIDUAL While family and friends of a disabled or impaired individual may frequently offer to assist with interpretation, employees should carefully consider the circumstances before relying on such Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Tukwila Police Department _ 181 Tukwila Police Department Tukwila PD Policy Manual Communications with Persons with Disabilities individuals. For example, children should not be relied upon except in emergency or critical situations. Further, the nature of the contact and relationship between the disabled individual and the individual offering services must be carefully considered (e.g., victim/suspect). 330.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a) Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c) The nature of the law enforcement contact (e.g., emergency vs. non -emergency, custodial vs. consensual contact). (d) The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 330.4.1 FIELD ENFORCEMENT AND INVESTIGATIONS Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts which may involve disabled or impaired individuals. The scope and nature of these activities and contacts will inevitably vary, therefore the Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every officer in the field. Each officer and/or supervisor must, however, assess each such situation to determine the need and availability for communication assistance to any and all involved disabled or impaired individuals. Although not every situation can be addressed within this policy, it is important that employees are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action taken with a disabled or impaired individual. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with a deaf individual. 330.4.2 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department have become increasingly recognized as important to the ultimate success of more traditional law enforcement Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Tukwila Police Department _ 182 Tukwila Police Department Tukwila PD Policy Manual Communications with Persons with Disabilities duties. As such, this department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services to disabled individuals and groups. 330.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non -emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual's choice of auxiliary aid or service. The individual's preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a) The methods of communication usually used by the individual. (b) The nature, length and complexity of the communication involved. (c) The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Tukwila Police Department, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Tukwila Police Department - 183 Tukwila Police Department Tukwila PD Policy Manual Chaplains 331.1 PURPOSE AND SCOPE This policy establishes the guidelines for Tukwila Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public (RCW 41.22.030; RCW 41.22.040). 331.2 POLICY It is the policy of this department that the Chaplain Program shall be a non -denominational, ecumenical ministry provided by volunteer clergy without financial compensation. 331.3 GOALS Members of the Chaplain Program shall fulfill the program's purpose in the following manner: (a) By serving as a resource for department personnel when dealing with the public in such incidents as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse, and other such situations that may arise. (b) By providing an additional link between the community, other chaplain programs and the Department. (c) By providing counseling, spiritual guidance and insight for department personnel and their families. (d) By being alert to the spiritual and emotional needs of department personnel and their families. (e) By familiarizing themselves with the role of law enforcement in the community. 331.4 REQUIREMENTS Candidates for the Chaplain Program shall meet the following requirements: (a) Must be above reproach, temperate, prudent, respectable, hospitable, able to teach, not be addicted to alcohol or other drugs, not contentious, and free from excessive debt. Must manage their household, family, and personal affairs well. Must have a good reputation with those outside the church. (b) Must be ecclesiastically certified and/or endorsed, ordained, licensed, or commissioned by a recognized religious body. (c) Must successfully complete an appropriate level background investigation. (d) Must have at least five years of successful ministry experience within a recognized church or religious denomination. (e) Membership in good standing with the International Conference of Police Chaplains (ICPC). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Chaplains - 184 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chaplains (f) Possess a valid Washington Drivers License. 331.5 SELECTION PROCESS Chaplain candidates are encouraged to participate in the ride -along program before and during the selection process. Chaplain candidates shall successfully complete the following process prior to deployment as a chaplain: (a) Appropriate written application. (b) Recommendation from their church elders, board, or council. (c) Interview with Chief of Police (d) Successfully complete an appropriate level background investigation. (e) Complete an appropriate probationary period as designated by the Chief of Police. 331.6 DUTIES AND RESPONSIBILITIES The duties of a chaplain include, but are not limited to, the following: (a) Assisting in making notification to families of department members who have been seriously injured or killed. (b) After notification, responding to the hospital or home of the department member upon request. (c) Visiting sick or injured law enforcement personnel in the hospital or home upon request. (d) Attending and participating, when requested, in funerals of active or retired members of the Department. (e) Assisting sworn personnel in the diffusion of a conflict or incident when requested. (f) Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Shift Sergeant aids in accomplishing the Department's mission. (g) Being on -call and if possible, on -duty during major demonstrations or any public function that requires the presence of a large number of department personnel. (h) Counsel officers and other personnel with personal problems, when requested. (i) Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (j) Being responsible for the organization and development of spiritual organizations in the Department. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Chaplains - 185 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chaplains (k) Responding to all major disasters such as earthquakes, bombings and similar critical incidents. (1) Providing liaison with other religious leaders of the community. (m) Assisting public safety personnel and the community in any other function of the clergy profession, as requested. (n) Participating in in-service training classes. (o) Willing to train to enhance effectiveness. (p) Promptly facilitating requests for representatives or ministers of various denominations. (q) Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. Chaplains may not proselytize or attempt to recruit members of the department or the public into a religious affiliation while on -duty unless the receiving person has solicited spiritual guidance or teaching. If there is any question as to the receiving person's intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may require payment or compensation for any service or follow-up contact that were provided while functioning as a chaplain for the Tukwila Police Department. 331.7 CLERGY -PENITENT CONFIDENTIALITY No person who provides chaplain services to members of the department may work or volunteer for the Tukwila Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy -penitent privilege and shall inform department members when it appears reasonably likely that the department member is discussing matters that are not subject to the clergy -penitent privilege. In such cases, the department chaplain should consider referring the member to a non - department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any Tukwila Police Department employees concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 331.8 COMMAND STRUCTURE (a) Under the general direction of the Chief of Police or his/her designee, chaplains shall report to the Chief of Police. (b) The Chief of Police shall make all appointments to the Chaplain Program. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Chaplains - 186 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chaplains 331.9 OPERATIONAL GUIDELINES (a) At least once per month, shift supervisors should accommodate Chaplains request for a ride -along during all or a portion of the shift. (b) In responding to incidents, a chaplain shall never function as an officer. (c) When responding to in -progress calls for service, chaplains may be required to stand- by in a secure area until the situation has been deemed safe. (d) Chaplains shall serve only within the jurisdiction of the Tukwila Police Department unless otherwise authorized by the Chief of Police or his/her designee. 331.9.1 UNIFORMS AND BADGES A distinct uniform, badge and necessary safety equipment will be provided for the Chaplains. Chaplains will only wear uniforms and distinctive insignia while on official police duties. 331.10 TRAINING The Department may establish a training program for department chaplains. The training may include stress management, death notifications, post traumatic stress syndrome, burnout for officers and chaplains, legal liability and confidentiality, ethics, responding to crisis situations, the law enforcement family, substance abuse, suicide, officer injury or death, and sensitivity and diversity, as approved by the Training Officer. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Chaplains - 187 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Public Safety Camera System 332.1 PURPOSE AND SCOPE The City of Tukwila, operates a public safety camera system for the purpose of creating a safer environment for all those who live, work, and visit the City. This policy provides guidelines for the operation of the cameras, the purpose of their use and the storage of captured images. 332.2 POLICY The City has two camera systems; one administered by the Police Department and the other by Public Works. Police cameras are used to deter crime and record illicit activity. Public Works cameras are used to monitor traffic. The Police Department may use these for law enforcement purposes secondarily to their primary application for Public Works. Public safety cameras are a crime prevention tool and can assist with scene reconstruction and evidence gathering. Public safety cameras are also a key resource to assist in securing vulnerable sites by providing real time monitoring and early detection of unusual or criminal activity allowing for a more efficient and timely response by law enforcement and emergency response personnel. The cameras only record images and do not record sound. Recordings may be used for a variety of purposes including criminal investigations, monitoring of activity. In addition, the public safety camera system helps to provide the following benefits: (a) Assist in identifying, apprehending and prosecuting offenders. (b) Assist in gathering evidence for criminal and civil court actions. (c) Assist emergency services personnel maintain good public order. (d) Assist in monitoring pedestrian and vehicle traffic activity. (e) Help improve the general environment on the public streets. (f) Assist in providing effective public services. Both camera systems may only be used for official duties. Release of videos will be processed through the Records Manager. Refer to Patrol Task Outline 7.3.5. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Safety Camera System - 188 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Volunteer Program 333.1 PURPOSE AND SCOPE It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers can be an important part of any organization and have proven to be a valuable asset to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 333.1.1 DEFINITION OF VOLUNTEER An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 333.2 VOLUNTEER MANAGEMENT 333.2.1 VOLUNTEER COORDINATOR The supervisor or manager of the unit in which the volunteer works shall be responsible for the direction and management of the volunteer. A Volunteer's Supervisor/Manager, or his/her designee, shall be responsible for the following: (a) Recruiting, selecting and training qualified volunteers for various positions. (b) Facilitating the implementation of new volunteer activities and assignments. (c) Maintaining records for each volunteer. (d) Tracking and evaluating the contribution of volunteers. (e) Outlining expectations, policies and responsibilities for all volunteers. (f) Maintaining a record of volunteer schedules and work hours. (g) Completion and dissemination as appropriate of all necessary paperwork and information. (h) Planning periodic recognition events. (i) Administering discipline when warranted. Q) Maintaining liaison with other volunteer -utilizing programs in the community and assisting in community -wide efforts to recognize and promote volunteering. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Volunteer Program - 189 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Volunteer Program 333.2.2 SCREENING A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: (a) Traffic and criminal background check. Fingerprints shall be obtained from all applicants and applicants shall be processed for criminal history. (b) Employment. (c) References. (d) Credit check. A polygraph exam may be required of each applicant depending on the type of assignment. 333.2.3 SELECTION AND PLACEMENT Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the manager or supervisor of the unit in which the volunteer is to work. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. 333.2.4 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment. Volunteers should receive position -specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor. Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers. All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. 333.2.5 FITNESS FOR DUTY No volunteer shall report to work or be on -duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Volunteer Program - 190 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Volunteer Program (a) Driver's license (b) Medical condition (c) Arrests (d) Criminal investigations All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use. 333.2.6 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to department -approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off -duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty. Volunteers shall be required to return any issued uniform or department property at the termination of service. 333.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member. Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers: (a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. 333.4 CONFIDENTIALITY With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Volunteer Program - 191 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Volunteer Program or departmental policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by departmental policy and supervisory personnel. Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper department personnel. 333.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card that must be worn at all times while on -duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service. 333.5.1 VEHICLE USE Volunteers assigned to duties such as parking enforcement or other assignments that require the use of a vehicle must first complete the following: (a) A driving safety briefing and department approved driver safety course. (b) Verification that the volunteer possesses a valid Washington Driver's License. (c) Verification that the volunteer carries current vehicle insurance. The Traffic Supervisor should insure that all volunteers receive safety briefing updates and license and insurance verification at least once a year. When operating a Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Smoking is prohibited in all Department vehicles. Volunteers should not operate a marked patrol car. 333.5.2 RADIO AND MDC USAGE Volunteers shall successfully complete Central Computerized Enforcement Service System (ACCESS) and radio procedures training prior to using the police radio or MDC and comply with all related provisions. The Volunteer Coordinator should ensure that radio and ACCESS training is provided for volunteers whenever necessary. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Volunteer Program - 192 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Volunteer Program 333.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or the Commander of the unit assigned. Volunteers may resign from volunteer service with the Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Volunteer Program - 193 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Off -Duty Law Enforcement Actions 334.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off -duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Tukwila Police Department with respect to taking law enforcement action while off -duty. 334.2 POLICY If enforcement action becomes necessary, off duty officers will, whenever possible, call or direct another person to call 911 and standby until on -duty personnel can arrive. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. 334.3 FIREARMS Officers of this department may carry firearms based on their authority as a peace officer while off - duty in accordance with federal regulations and department policy. When carrying firearms while off -duty officers shall also carry their department -issued identification and badge. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer's senses or judgment. 334.4 DECISION TO INTERVENE There is no legal requirement for off -duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: (a) The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b) The inability to communicate with responding units. (c) The lack of equipment, such as handcuffs, OC or baton. (d) The lack of cover. (e) The potential for increased risk to bystanders if the off -duty officer were to intervene. (f) Unfamiliarity with the surroundings. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Off -Duty Law Enforcement Actions - 194 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Off -Duty Law Enforcement Actions (g) The potential for the off -duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on -duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 334.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary, the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The operator should be informed that an off -duty officer is on -scene and should be provided a description of the officer if possible. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Tukwila Police Department officer until acknowledged. Official identification should also be displayed. 334.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling law enforcement incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter. 334.4.3 CIVILIAN NONSWORN RESPONSIBILITIES Non -sworn personnel should not become involved in any law enforcement actions while off -duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 334.4.4 OTHER CONSIDERATIONS When encountering a non -uniformed officer in public, uniformed officers should wait for acknowledgement by the non -uniformed officer in case he/she needs to maintain an undercover capability. 334.5 REPORTING Any off -duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Shift Sergeant as soon as practicable. The Shift Sergeant shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Off -Duty Law Enforcement Actions - 195 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Native American Graves Protection and Repatriation 335.1 PURPOSE AND SCOPE This policy is intended ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 335.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Funerary objects and associated funerary objects - Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains, or that were made exclusively for burial purposes or to contain human remains. Native American human remains - The physical remains of the body of a person of Native American ancestry. Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural importance that is central to the Native American group or culture itself and therefore cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group. Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. 335.2 POLICY It is the policy of the Tukwila Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption or complicated custody transfer processes. 335.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.4). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Native American Graves Protection and Published with permission by Tukwila Police Department Repatriation - 196 Tukwila Police Department Tukwila PD Policy Manual Native American Graves Protection and Repatriation Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.4): • Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture • State land - Medical Examiner (RCW 68.50.645) • Tribal land - Responsible Indian tribal official 335.4 EVIDENCE AND PROPERTY If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.6). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Native American Graves Protection and Published with permission by Tukwila Police Department Repatriation - 197 Tukwila Police Department Tukwila PD Policy Manual Extreme Risk Protection Orders 336.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving extreme risk protection orders and accounting for the firearms obtained pursuant to those orders (RCW 7.94.010 et seq.). 336.1.1 DEFINITIONS Definitions related to this policy include: Extreme risk protection order — An order prohibiting a named person from controlling, owning, purchasing, possessing, accessing, receiving, or otherwise having custody of any firearms. Ex parte extreme risk protection order — An extreme risk protection order that has been issued in the absence of or without notification to the named person. 336.2 POLICY It is the policy of the Tukwila Police Department to petition for and serve extreme risk protection orders in compliance with state law and to properly account for firearms obtained by the Department pursuant to such orders. 336.3 EXTREME RISK PROTECTION ORDERS An officer who reasonably believes a person, including a person under the age of 18, is a present danger to him/herself or another person by controlling, owning, purchasing, possessing, accessing, receiving, or otherwise having custody of a firearm may request permission from his/ her supervisor to petition the court for an extreme risk protection order (RCW 7.94.030). Officers petitioning the court shall use any standard petition and order forms created by the administrative office of the court (RCW 7.94.030; RCW 7.94.150). The petition shall (RCW 7.94.030): (a) Allege that the person poses a significant danger of causing personal injury to him/ herself or others by controlling, owning, purchasing, possessing, accessing, receiving, or otherwise having custody of a firearm and be accompanied by an affidavit, made under oath, that provides the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the person. (b) Identify the number, types, and locations of any firearms that the officer believes to be owned, possessed, accessed, controlled, or in the custody of the person. (c) Identify any other known existing protection orders governing the person. (d) Identify, if reasonably identifiable, any pending lawsuits, complaints, petitions, or other action between the person and the Tukwila Police Department. (e) Include an attestation that the officer provided notice of the intent to seek the order to a family or household member of the person and to any third party who the officer Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Extreme Risk Protection Orders - 198 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Extreme Risk Protection Orders reasonably believes may be at risk of violence, or an attestation to the steps that will be taken to provide this notice. An officer may also seek an ex parte extreme risk protection order, without notice to the person, by including in the petition detailed allegations based on personal knowledge that the person poses a significant danger of causing personal injury to him/herself or others in the near future by having in his/her custody or control, purchasing, possessing, or receiving a firearm. If necessary, the ex parte may be petitioned using an on -call, after-hours judge using the same procedures for after- hours search warrants (RCW 7.94.030; RCW 7.94.050). 336.3.1 NOTICE OF PETITION When a member of the Tukwila Police Department petitions for an extreme risk protection order, he/she shall make a good faith effort to provide notice to a family or household member of the person and to any third party who the member reasonably believes may be at risk of violence. The notice shall state the intention to seek an extreme risk protection order or that the order has already been sought and include referrals to appropriate resources, including behaviorial health, domestic violence, and counseling (RCW 7.94.030). 336.4 SERVICE Service of notice of hearing and petitions, ex parte extreme risk protection orders, and extreme risk protection orders should take precedence over the service of other documents, unless the other documents are of a similar emergency nature (RCW 7.94.040; RCW 7.94.060). Officers serving a notice of hearing and petition for an extreme risk protection order should make reasonable efforts to personally serve the person no less than five court days prior to the hearing. If an ex parte extreme risk protection order was issued, then the order, notice of hearing, and the petition are served together (RCW 7.94.040; RCW 7.94.050). Officers assigned to serve an extreme risk protection order should make reasonable efforts to personally serve the order not more than 10 days after the Tukwila Police Department received the order. If the order is issued against a minor under the age of 18, officers should also make reasonable efforts to serve a copy of the order on the parent or guardian of the minor at the address where the minor resides, or the Department of Children, Youth, and Families in the case where the minor is the subject of a dependency or court approved out -of -home placement (RCW 7.94.060). When timely personal service is not completed, the officer should notify the court and take reasonable steps to notify the petitioner (RCW 7.94.040; RCW 7.94.060). The officer serving any extreme risk protection order, including an ex parte order, shall (RCW 7.94.090): (a) Request that any firearms and any concealed pistol license be immediately surrendered and issue a receipt for the surrendered items. The officer should ensure the original receipt is forwarded to the Senior Manager. (b) Take into custody any firearms discovered in plain view or pursuant to consent or other lawful search. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Extreme Risk Protection Orders - 199 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Extreme Risk Protection Orders (c) As soon as practicable, but by the end of his/her shift, submit the proof of service to the Senior Manager. All firearms collected shall be handled and booked in accordance with the Property and Evidence Policy. 336.5 SEARCH WARRANTS If a person who has been served with an extreme risk protection order refuses to surrender any firearm, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. 336.6 SENIOR MANAGER RESPONSIBILITIES The Senior Manager is responsible for ensuring that: (a) Orders received by the court are entered into the national instant criminal background check system or any other federal or state computer -based system used by the Department that identifies prohibited purchasers of firearms, and into any other computer -based criminal intelligence information systems used by the Department that lists outstanding warrants (RCW 7.94.110). (b) The original receipt of surrendered firearms is filed with the court within 72 hours of service of an extreme risk protection order. A copy of the receipt shall also be properly maintained by the Department (RCW 7.94.090). (c) Any proofs of service for notices or orders are filed with the court. (d) Expired or terminated orders entered into computer based -systems by the Department are removed (RCW 7.94.110). 336.7 COURT -ORDERED FIREARMS SURRENDERS Authorized members should accept firearms and a concealed pistol license from any person who is the subject of an extreme risk protection order. The member receiving any firearm shall: (a) Record the person's name, address and telephone number. (b) Record the serial number of the firearm. (c) Prepare an incident report and property report. (d) Provide a property receipt to the person who surrendered the firearms (RCW 7.94.90). The original receipt is to be forward to the Senior Manager. (e) Package and submit the firearms in accordance with the Property and Evidence Policy. 336.8 RELEASE OF FIREARMS Firearms that were taken into custody or surrendered pursuant to an extreme risk protection order should be returned to the restrained person upon the expiration of the order, in accordance with the Property and Evidence Policy (RCW 7.94.100). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Extreme Risk Protection Orders - 200 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Extreme Risk Protection Orders 336.9 RENEWAL OF EXTREME RISK PROTECTION ORDER The Major Crimes Unit supervisor is responsible for review of an extreme risk protection order obtained by the Department, to determine if renewal should be requested within the time prescribed by law (RCW 7.94.080). 336.10 STANDARD FOR ARREST When an officer has confirmed that a valid extreme risk protection order exists and has probable cause to believe the person has knowledge of the order and violated that order, the officer shall make an arrest and take the person into custody (RCW 10.31.100). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Extreme Risk Protection Orders - 201 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 4 - Patrol Operations Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Patrol operations - 202 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the functions of the patrol unit of the Department to ensure intra-department cooperation and information sharing. 400.1.1 FUNCTION Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of Tukwila, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws and respond to emergencies 24 hours per day seven days per week. Patrol will generally provide the following services within the limits of available resources: (a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions, the maintenance of public order, and the discovery of hazardous situations or conditions. (b) Crime prevention activities such as residential inspections, business inspections, community presentations, etc. (c) Calls for service, both routine and emergency in nature. (d) Investigation of both criminal and non -criminal acts. (e) The apprehension of criminals. (f) Community Oriented Policing and Problem Solving activities such as citizen assists and individual citizen contacts of a positive nature. (g) The sharing of information between the Patrol and other division within the Department, as well as other outside governmental agencies. (h) Traffic direction and control at special events, traffic collisions, and crime scenes. 400.1.2 TERRORISM It is the goal of the Tukwila Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. If an officer receives a NCIC Terrorist Watchlist hit requiring notification of the Terrorist Screening Center (TSC), the officer will contact the TSC as soon as required. 400.2 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Patrol Function - 203 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Patrol Function Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, when voluntary compliance with the law is not achieved. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Patrol Function - 204 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Bias -Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Tukwila Police Department 's commitment to policing that is fair and objective. Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships) (RCW 43.101.410). 401.1.1 DEFINITIONS Definitions related to this policy include: Bias -based policing - An inappropriate reliance on characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability or affiliation with any non -criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement. 401.2 POLICY The Tukwila Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 401.3 BIAS -BASED POLICING PROHIBITED Bias -based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes. 401.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias -based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased -based actions by another member. 401.4.1 REASON FOR CONTACT Officers contacting a person shall be prepared to articulate sufficient reason for the contact independent of the protected characteristics of the individual. To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Bias -Based Policing - 205 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Bias -Based Policing Except for required data -collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 401.5 SUPERVISOR RESPONSIBILITY Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. (a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. (b) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (c) Supervisors should ensure that no retaliatory action is taken against any member of this department who discloses information concerning racial- or bias -based profiling. 401.6 TRAINING Training on fair and objecting policing and review of this policy shall be directed by the Chief of Police, coordinated and managed by the Training Office. (RCW 43.101.410(c)). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Bias -Based Policing - 206 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crime and Disaster Scene Integrity 402.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 402.2 POLICY It is the policy of the Tukwila Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 402.3 SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officersshall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person. 402.4 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder's function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a) Broadcast emergency information, including requests for additional assistance and resources. (b) Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c) Locate or identify suspects and determine whether dangerous suspects are still within the area. (d) Provide first aid to injured parties if it can be done safely. (e) Evacuate the location safely as required or appropriate. (f) Secure the inner perimeter. (g) Protect items of apparent evidentiary value. (h) Secure an outer perimeter. (i) Identify potential witnesses. Q) Start a chronological log noting critical times and personnel allowed access. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Crime and Disaster Scene Integrity - 207 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crime and Disaster Scene Integrity 402.5 SEARCHES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 402.5.1 CONSENT When possible, officers should seek written consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. 402.6 MAJOR CRIMES UNIT DIVISION COMMANDER RESPONSIBILITIES The Major Crimes Unit Division Commander is responsible for ensuring procedures are established that are consistent with the Washington State Patrol Crime Laboratory Division Crime Scene Procedures Manual, including, but not limited to: (a) Ensuring reasonable access to qualified personnel, equipment and supplies for processing crime scenes. (b) Establishing procedures for collecting, processing and preserving physical evidence in the field. (c) Establishing procedures for photographing, video -recording and other imaging used to collect and preserve evidence. (d) Establishing procedures for processing, developing, lifting and labeling fingerprints. (e) Establishing procedures for the safe collection, storage, transportation and submission of biological and other evidence for DNA testing and evaluation. 402.7 EXECUTION OF HEALTH ORDERS Sworn members of this department shall enforce all lawful orders of the local health officer, issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (RCW 70.05.070; WAC 246-100-040(2)). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Crime and Disaster Scene Integrity - 208 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Ride -Along Policy 403.1 PURPOSE AND SCOPE The Ride -Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride -Along Program. 403.1.1 ELIGIBILITY The Tukwila Police Department Ride -Along Program is offered to applicants with a scheduled Chiefs interview, Tukwila residents, Tukwila business owners, ValleyCom dispatchers, TPD volunteers, family or friends of TPD personnel or any Supervisor initiated request. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. The following factors may be considered in disqualifying an applicant and are not limited to: • Being under 16 years of age (with the exception of Tukwila Police Explorers). • Prior criminal history. • Pending criminal action. • Pending lawsuit against the Department. • Denial by any supervisor. 403.2 PROCEDURE TO REQUEST A RIDE -ALONG The participant will complete a ride -along waiver form. Information requested will include a valid ID or driver's license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride -Along Form. The request will be submitted to Special Services for the required background check before a ride -along is granted. Special Services will place the request in the Shift Supervisor pass -on tray. Shift Supervisors will check the pass -on tray daily and review requests for rides on their shift. They will contact the rider and coordinate the ride -along. The Shift Supervisor will annotate the scheduled time on the request form, file it, and make an entry on the Ride -Along Log in the Ride -Along Request binder. Upon arrival for a ride -along, the officer will complete the entry in the Ride -Along log and return the ride - along waiver form to Special Services. If the ride -along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial. 403.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Explorers, Chaplains, police applicants, and all others with approval of the Shift Sergeant. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Ride -Along Policy - 209 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Ride -Along Policy An effort will be made to ensure that no more than one citizen will participate in a ride -along during any given time period. Normally, no more than one ride -along will be allowed in the officer's vehicle at a given time. 403.2.2 SUITABLE ATTIRE Any person approved to ride along is required to be suitably dressed and not present an unprofessional appearance. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. The supervisor may refuse a ride along to anyone not properly dressed. 403.2.3 PEACE OFFICER RIDE-ALONGS Off -duty members of this department or any other law enforcement agency will not be permitted to ride -along with on -duty officers without the expressed consent of the Shift Sergeant. In the event that such a ride -along is permitted, the off -duty employee shall not be considered on -duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. Peace Officers, with the approval of the supervisor, may be armed on a ride -along. 403.3 OFFICER'S RESPONSIBILITY The officer shall advise the dispatcher that a ride -along is present in the vehicle before going into service. Officers shall consider the safety of the ride -along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well -lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride -along may be continued or terminated at this time. The Shift Supervisor is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride -along, the form shall be returned to the Shift Supervisor with any comments which may be offered by the officer. 403.4 CONTROL OF RIDE -ALONG The assigned employee shall maintain control over the ride -along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a) The ride -along will follow the directions of the officer. (b) The ride -along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment. (c) The ride -along may terminate the ride -along at any time and the officer may return the observer to their home or to the station if the ride -along interferes with the performance of the officer's duties. (d) Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Ride -Along Policy - 210 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Ride -Along Policy (e) Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen. (f) Under no circumstance shall a civilian ride along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Ride -Along Policy - 211 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hazardous Material Response 404.1 PURPOSE AND SCOPE Exposure to hazardous materials present potential harm to department members and the public. This policy outlines the responsibilities of members who respond to these events and the factors that should be considered while on -scene, including the reporting of exposures and supervisor responsibilities. 404.1.1 DEFINITIONS Definitions related to this policy include: Hazardous material - A substance which, by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 404.2 HAZARDOUS MATERIAL RESPONSE Members may encounter situations involving suspected hazardous materials, such as at the scene of a traffic collision, chemical spill, or fire. When members come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and other persons. The fire department is the agency trained and equipped to properly respond to and mitigate most incidents involving hazardous materials and biohazards. Responders should not perform tasks or use equipment without proper training. A responder entering the area may require decontamination before he/she is allowed to leave the scene, and should be evaluated by appropriate technicians and emergency medical services personnel for signs of exposure. 404.3 REPORTING EXPOSURE Department members who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the member in an incident report that shall be forwarded via chain of command to the Shift Sergeant as soon as practicable. Should the affected member be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the report. Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on -duty injury or illness in addition to a crime report or incident report as applicable. 404.3.1 SUPERVISOR RESPONSIBILITIES When a supervisor has been informed that a member has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to mitigate the exposure or continued exposure. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hazardous Material Response - 212 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hazardous Material Response To ensure the safety of members, PPE is available from supervisors. PPE items not maintained by this department may be available through the appropriate fire department or emergency response team. 404.4 POLICY It is the policy of the Tukwila Police Department to respond to hazardous material emergencies with due regard for the safety of the public and those members responding to such incidents. 404.5 CONSIDERATIONS The following steps should be considered at any scene involving suspected hazardous materials: (a) Make the initial assessment of a potentially hazardous material from a safe distance. (b) Notify ValleyCom, appropriate supervisors, the appropriate fire department and hazardous response units. 1. Provide weather conditions, wind direction, a suggested safe approach route and any other information pertinent to responder safety. (c) Wear personal protective equipment (PPE), being cognizant that some hazardous material can be inhaled. (d) Remain upwind, uphill and at a safe distance, maintaining awareness of weather and environmental conditions, until the material is identified and a process for handling has been determined. (e) Attempt to identify the type of hazardous material from a safe distance using optical aids (binoculars or spotting scopes) if they are available. Identification can be determined by: 1. Placards or use of an emergency response guidebook. 2. Driver's manifest or statements or shipping documents from the person transporting the material. 3. Information obtained from any involved person with knowledge regarding the hazardous material. Information should include: (a) The type of material. (b) How to secure and contain the material. (c) Any other information to protect the safety of those present, the community and the environment. (f) Provide first -aid to injured parties if it can be done safely and without contamination. (g) Make reasonable efforts to secure the scene and prevent access from unauthorized individuals and to protect and identify any evidence. (h) Begin evacuation of the immediate and surrounding areas, dependent on the material. Voluntary evacuation should be considered; mandatory evacuation may be necessary and will depend on the type of material. (i) Establish a decontamination area when needed. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hazardous Material Response - 213 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hazardous Material Response 0) Activate automated community notification systems, if applicable. (k) Dependent upon the substance and other specific conditions, consider initiating an emergency public notification or evacuation. The decision to initiate public notifications and/or evacuations shall be in accordance with the Tukwila Local Emergency Planning Committee (LEPC) procedures. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hazardous Material Response - 214 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Response to Bomb Calls 405.1 PURPOSE AND SCOPE These guidelines have been prepared to assist officers in their initial response toincidents involving explosives, explosive devices, or explosion/bombing incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety shall always be the primary consideration. 405.2 FOUND EXPLOSIVES/SUSPECT DEVICES When handling an incident involving a suspected explosive device, the following guidelines should be followed: (a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (b) A perimeter appropriate to the size of the device, but a minimum of 300 feet, should be established around the location of the device. (c) As much information as is available should be promptly relayed to the responding bomb squad including: 1. The stated threat. 2. Exact comments. 3. Time of discovery. 4. Exact location of the device. 5. Full description (e.g., size, shape, markings, construction) of the device. (d) The device should not be touched or moved except by qualified bomb squad personnel. (e) All equipment near the suspected device capable of producing radio frequency energy should be turned off. This includes two-way radios, cell phones and other personal communication devices. (f) Consideration should be given to evacuating any buildings near the device. (g) A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area and a perimeter should be established around any additional suspicious device found. Explosive or military ordnance of any type should be handled only by the bomb squad or military ordnance disposal team. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Response to Bomb Calls - 215 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Response to Bomb Calls 405.3 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic incidents, a rapid response may help to minimize injury to victims, contamination of the scene by gathering crowds or additional damage by resulting fires or unstable structures. Whether the explosion was the result of an accident or a criminal act, the responding officers should consider the following actions: • Assess the scope of the incident, including the number of victims and extent of injuries. • Assist with first aid (Fire Department has primary responsibility). • Assist with evacuation of victims (Fire Department has primary responsibility). • Identify and take appropriate action to mitigate scene hazards such as collapsed structures, blood borne pathogens, hazardous materials and secondary explosive devices. • Request additional resources needed. • Identify witnesses. • Preserve evidence. 405.3.1 CROWD CONTROL Only authorized personnel with a legitimate need shall be permitted access to the scene. Spectators and other unauthorized individuals shall be excluded to a safe distance as is reasonably practicable given the available resources and personnel. 405.3.2 SCENE OF INCIDENT As in any other crime scene, steps should immediately be taken to preserve the scene. The scene could extend over a long distance. Evidence may be imbedded in nearby structures or hanging in trees and bushes. 405.4 BOMB THREATS RECEIVED AT POLICE FACILITY This procedure should be followed should a bomb threat call be received at the police facility. 405.4.1 BOMB THREATS RECEIVED BY TELEPHONE The following questions should be asked if a bomb threat is received at the Police Department: • When is the bomb going to explode? • Where is the bomb? • What kind of bomb is it? • What does it look like? • Why did you place the bomb? • Who are you? (to avoid possible termination of the call this should be the last question asked) Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Response to Bomb Calls - 216 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Response to Bomb Calls Attempt to keep the caller on the line as long as possible and obtain expanded answers to these six basic questions. During this time, document the following: • Time of the call. • Exact words of the person as accurately as possible. • Estimated age and gender of the caller. • Speech patterns and/or accents. • Background noises. 405.4.2 RESPONSIBILITIES The employee handling the call shall ensure that the Shift Sergeant is immediately advised and fully informed of the details. The Shift Sergeant will then direct and assign officers as required for coordinating a general building search or evacuation as he/she deems appropriate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Response to Bomb Calls - 217 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hostage and Barricade Incidents 406.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 406.2 POLICY It is the policy of the Tukwila Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 406.3 COMMUNICATION When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage -taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time -sensitive demands or conditions and obtain the suspect's surrender. When available, department -authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources. 406.3.1 EMERGENCY COMMUNICATIONS A supervisor may order the telephone company to cut, reroute or divert telephone lines in order to prevent a suspect from communicating with anyone other than designated personnel in a barricade or hostage situation (RCW 70.85.100). 406.4 FIRST RESPONDER CONSIDERATIONS First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor's response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hostage and Barricade Incidents - 218 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hostage and Barricade Incidents The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 406.4.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered: (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (d) Provide responding emergency personnel with a safe arrival route to the location. (e) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to do so. (f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. Q) If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k) Establish a command post. 406.4.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hostage and Barricade Incidents - 219 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hostage and Barricade Incidents officers react quickly to developing or changing threats. The following options while not all-inclusive or in any particular order, should be considered: (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d) Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. (e) Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (f) Provide responding emergency personnel with a safe arrival route to the location. (g) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to do so. (h) Coordinate pursuit or surveillance vehicles and control of travel routes. (i) Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. Q) Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (I) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the PIO. (m) If necessary and available, establish a tactical or exclusive radio frequency for the incident. 406.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a Crisis Response Unit response if appropriate and apprising the Crisis Response Unit Commander Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hostage and Barricade Incidents - 220 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Hostage and Barricade Incidents of the circumstances. In addition, the following options, listed here in no particular order, should be considered: (a) Ensure injured persons are evacuated and treated by medical personnel. (b) Ensure the completion of necessary first responder responsibilities or assignments. (c) Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. (d) Establish a command post location as resources and circumstances permit. (e) Designate assistants who can help with intelligence information and documentation of the incident. (f) If it is practicable to do so, arrange for video documentation of the operation. (g) Consider contacting utility and communication providers when restricting such services (e.g., restricting electric power, gas, telephone service). (h) Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non -essential personnel away from the scene unless they have been summoned by the supervisor or ValleyCom. (i) Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the Media Relations Policy. (j) Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. N Debrief personnel and review documentation as appropriate. 406.6 CRISIS RESPONSE UNIT RESPONSIBILITIES It will be the Incident Commander's decision, with input from the Crisis Response Unit Commander, whether to deploy the Crisis Response Unit during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the Crisis Response Unit Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the Crisis Response Unit. The Incident Commander and the Crisis Response Unit Commander or the authorized designee shall maintain communications at all times. 406.7 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Hostage and Barricade Incidents - 221 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Emergent Detentions 407.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may place an individual under an emergent detention (RCW 71.05.153). 407.2 POLICY It is the policy of the Tukwila Police Department to protect the public and individuals through legal and appropriate use of the emergent detention process. 407.3 AUTHORITY An officer who has reasonable cause to believe that a person is suffering from a mental disorder or a substance abuse disorder and presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, may take the person into emergent detention and immediately transport the person to a triage facility, crisis stabilization unit, evaluation and treatment facility, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or the emergency department of a local hospital (RCW 71.05.153). An officer may also take a person into emergent detention and deliver the person to an evaluation and treatment facility upon the written or oral request of a crisis responder designated by the county or other authority who has determined that the person, as the result of a mental disorder or substance abuse disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled (RCW 71.05.153). An officer shall take a person who is the subject of a written court order for apprehension issued pursuant to RCW 71.05.201 into initial detention and transport the person to the designated facility or emergency room as determined by the designated crisis responder (RCW 71.05.201). 407.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for an emergent detention, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the individual so desires, the officers should: (a) Have the individual transported to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to emergent detention. (b) If at any point the individual changes his/her mind regarding voluntary evaluation officers should proceed with the emergent detention, if appropriate. (c) Document the circumstances surrounding the individual's desire to pursue voluntary evaluation and/or admission. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Emergent Detentions - 222 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Emergent Detentions 407.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for an emergent detention should consider, as time and circumstances reasonably permit: (a) Available information that might assist in determining the cause and nature of the individual's action or stated intentions. (b) Community or neighborhood mediation services. (c) Conflict resolution and de-escalation techniques. (d) Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Emergent detentions should be preferred over arrest for individuals with mental disorders, who are suspected of committing minor crimes or creating other public safety issues. 407.5 TRANSPORTATION Individuals that are to be involuntarily transported to a mental health facility should be transported in an ambulance. The officer will frisk the individual first and secure anything dangerous. The individual should be restrained on a gurney in four point soft restraints as provided by the ambulance crew. The officer may follow the ambulance to the health care facility if the individual presents a potential for problems for the ambulance crew. 407.6 DOCUMENTATION The officer should complete Mental Health/Detox Contact Report in the field and provide it to the ambulance crew. That form will be presented with the individual at the mental health care facility. 407.7 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on an emergent detention should resolve the criminal matter by issuing a warning or a citation, as appropriate. When an individual who may qualify for an emergent detention has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a) Arrest the individual when there is probable cause to do so. (b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the emergent detention. (c) Facilitate the individual's transfer to the jail facility. (d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for an emergent detention. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Emergent Detentions - 223 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Emergent Detentions In the supervisor's judgment, the individual may instead be arrested or booked and transported to the appropriate facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard), and other relevant factors in making this decision. 407.8 FIREARMS AND OTHER WEAPONS Whenever an individual is taken into custody for an emergent detention, the handling officers should seek to determine if the individual owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g. safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons. The handling officers should further advise the individual of the procedure for the return of any firearm or other weapon that has been taken into custody. 407.9 TRAINING This department will endeavor to provide department -approved training on interaction with mentally disabled persons, emergent detentions and crisis intervention. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Emergent Detentions - 224 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Citation Releases 408.1 PURPOSE AND SCOPE Officers may release people arrested for misdemeanor and gross misdemeanor offenses (with certain exceptions) rather than book them into jail. 408.2 RELEASE METHODS Release by citation for misdemeanor and gross misdemeanor offenses can be accomplished in two separate ways: (a) A field release is when the violator is released in the field without being transported to a jail facility. (b) A jail release is when a violator is released after being transported to the jail and booked. 408.3 DEPARTMENT PROCEDURE The proceeding procedure will be followed to comply with state court rules. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Citation Releases - 225 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals 409.1 PURPOSE AND SCOPE Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign nationals from member countries when arrested, detained or imprisoned by law enforcement officials in this country. This section provides direction to officers when considering a physical arrest or detention of a foreign national. All foreign service personnel shall be treated with respect and courtesy, regardless of the level of established immunity. As noted herein, the United States is a party to several bilateral agreements that obligate our authorities to notify the consulate upon the person's detention, regardless of whether the detained person(s) request that his/her consulate be notified. The list of specific countries that the United States is obligated to notify is listed in the U.S. Department of State website. 409.1.1 DEFINITIONS Foreign National - Anyone who is not a citizen of the United States (U.S.). A person with dual - citizenship, U.S. and foreign, is not a foreign national. Immunity - Refers to various protections and privileges extended to the employees of foreign governments who are present in the U.S. as official representatives of their home governments. These privileges are embodied in international law and are intended to ensure the efficient and effective performance of their official "missions" (i.e., embassies, consulates, etc.) in foreign countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's Office of Foreign Missions (OFM) that illegal acts by Foreign Service personnel should always be pursued through proper channels. Additionally, the host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims. 409.2 ARREST OR DETENTION OF FOREIGN NATIONALS Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity received from violators. A person shall not, however, be subjected to in -custody arrest when diplomatic or consular immunity is claimed by the individual or suspected by the officer, and the officer has verified or reasonably suspects that the claim of immunity is valid. 409.3 LEVELS OF IMMUNITY The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 226 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals 409.3.1 DIPLOMATIC AGENTS Diplomatic agents (e.g., ambassadors and United Nations representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents enjoy these same immunities. Currently there are no diplomatic agents permanently assigned to Washington; but they do occasionally visit the state. 409.3.2 CONSULAR OFFICERS Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul, and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court jurisdiction, and its validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function. It is not sufficient that the consular agent was on -duty or in an official capacity at the time of the violation. The family members of consular officers generally enjoy no immunity, however, any family member who enjoys a higher level of immunity is issued an identification card by Department of State (DOS) enumerating any privileges or immunities on the back of the card. Examples are consular officers and family members from Russia or China. There are approximately 40 consular officers in Washington, with most located in Seattle and Spokane. 409.3.3 HONORARY CONSULS Honorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members have no immunity. 409.4 IDENTIFICATION All diplomatic and consular personnel who are entitled to immunity are registered with the Department of State and are issued distinctive identification cards by the Department of State Protocol Office. These cards are the best means of identifying Foreign Service personnel. They include a photograph, identifying information, and, on the reverse side, a brief description of the bearer's immunity status. Unfortunately, these identification cards are not always promptly issued by the Department of State. In addition to the Department of State identification card, Foreign Service personnel should also have a driver license issued by the Department of State Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operator's license issued by the state. 409.4.1 VEHICLE REGISTRATION Vehicles that are owned by foreign missions or Foreign Service personnel and their dependents are registered with the Department of State OFM and display distinctive red, white, and blue Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 227 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals license plates. Vehicles assigned to diplomatic or consular officers will generally have license plates labels with the words "Diplomat" or "Consul." Vehicles owned by honorary consuls are not issued OFM license plates; but may have Washington license plates with an "honorary consul" label. Driver's identity or immunity status should not be presumed from the type of license plates displayed on the vehicle. The status of an OFM license plate should be run via the National Law Enforcement Telecommunications System (NLETS), designating "US" as the state, if the officer has reason to question the legitimate possession of the license plate. The State of Washington may also issue honorary consul or official representative of any foreign government who is a citizen or resident of the United States of America, duly licensed and holding an exequatur issued by the department of state of the United States of America special plates of a distinguishing color and numerical series. 409.5 ENFORCEMENT PROCEDURES The following procedures provide a guideline for handling enforcement of foreign nationals: 409.5.1 CITABLE OFFENSES An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator's immunity status. The issuance of a citation is not considered an arrest or detention under current Department of State guidelines. Whenever the equivalent of a notice to appear is issued to an immunity claimant, the following additional procedures shall be followed by the arresting officer: (a) Identification documents are to be requested of the claimant. (b) The title and country represented by the claimant are to be recorded on the back of the officer's copy of the Notice to Appear for later reference. Do not include on the face of the notice to appear. (c) The identity and immunity status of the individual shall be conclusively established. (d) Verified diplomatic agents and consular officers, including staff and family members from countries with which the U.S. has special agreements, are not required to sign the Notice to Appear. The word "Refused" shall be entered in the signature box, and the violator shall be released. (e) Verified consular staff members, excluding those from countries with which the U.S. has special agreements, are generally obligated to sign the Notice to Appear, but a signature shall not be required if their immunity status is uncertain. (f) All other claimants are subject to the provisions of the policy and procedures outlined in this chapter. (g) The violator shall be provided with the appropriate copy of the notice to appear. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 228 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals 409.5.2 IN -CUSTODY ARRESTS Diplomatic agents and consular officers are immune from arrest or detention (unless they have no identification and the detention is to verify their diplomatic status). Proper identification of immunity claimants is imperative in potential in -custody situations. Claimants who are not entitled to immunity shall be placed in custody in accordance with the provisions outlined in Policy Manual § 422.6. A subject who is placed under arrest and claims diplomatic or consular immunity shall not be physically restrained before verification of the claim (unless restraint is necessary for the protection of the officer or others.) A supervisor shall be promptly notified and should respond to the scene when possible. Field verification of the claimant's identity is to be attempted as follows: (a) Identification cards issued by the Department of State, Protocol Office, are the only valid evidence of diplomatic or consular immunity. The following types of identification cards are issued: Diplomatic (blue bordered), Consular (red bordered), and Official (green bordered), The Department of State identification cards are 3-3/4 inch by 1-1/2 inch and contain a photograph of the bearer. (b) Initiate telephone verification with the Department of State. Newly arrived members of diplomatic or consular missions may not yet have official Department of State identity documents. Verify immunity by telephone with the Department of State any time an individual claims immunity and cannot present satisfactory identification, the officer has reason to doubt the claim of immunity, or there is a possibility of physical arrest. Law enforcement personnel should use the following numbers in order of preference: Office of Foreign Missions Diplomatic Security Service San Francisco, CA 915 Second Avenue, Room 3410 (415) 744-2910, Ext. 22 or 23 Seattle, WA 98174 (415) 744-2913 FAX (206) 220-7721(206) 220-7723 (0800-1700 PST) FAX Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 229 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals Office of Foreign Missions Diplomatic Motor Vehicle Office Washington D.C. (202) 895-3521 (Driver License Verification) or (202) 895-3532 (Registration Verification) (202) 895-3533 FAX (0815-1700 EST) Department of State Diplomatic Security Service Command Center Washington D.C. (202) 647-7277 (202) 647-1512 (Available 24 hours) (202) 647-0122 FAX Members of diplomatic or consular missions also may have other forms of identification. These include identification cards issued by Office of Emergency Services, local law enforcement agencies, the foreign embassy, or consulate; driver licenses issued by Department of State; and, Department of State license indicia on the vehicle. All these items are only an indication that the bearer may have some form of immunity. Subjects verified through the above procedures as being officials entitled to immunity (diplomatic agent, consular officers and consular staff and family members from countries with which the U.S. has special agreements) may not be arrested. The procedures below shall be followed. These procedures should also be used in the event immunity cannot be verified, but another form of identification indicates that immunity is probable. If the release of the violator will not create an additional hazard, adequate information to properly identify the violator shall be obtained then the official shall be released. A supervisor's approval for the release shall be obtained whenever possible. The necessary release documents and/or a Certificate of Release form should only be issued under the proper conditions. If the violator appears to have been driving while under the influence, field sobriety tests, including Preliminary Alcohol Screening (PAS) device tests and chemical tests should be offered and obtained whenever possible, however, these tests cannot be compelled. The subject shall not be permitted to drive. A supervisor's approval for release shall be obtained whenever possible and alternative transportation should be arranged. All facts of the incident shall be documented in accordance with this policy in a Driving Under the Influence (DUI) Arrest -Investigation Report, Arrest -Investigation Report and/or any other relevant Report form. Notwithstanding the field release of the subject, prosecution is still appropriate and should be pursued by the city prosecutor. The Department of State will take appropriate sanctions against errant foreign service personnel, even where prosecution is not undertaken by the agency. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 230 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals 409.6 TRAFFIC COLLISIONS Persons involved in traffic collisions who possess a Department of State OFM Diplomatic Driver License, issued by the DMVO, shall have the collision report coded as required. If subsequent prosecution of the claimant is anticipated, the claimant's title, country, and type of identification presented should be recorded for future reference. Issuance of a citation to, or arrest of, an immunity claimant at the accident scene should be handled in accordance with the procedures specified in Policy Manual § 422.5 of this chapter. 409.6.1 VEHICLES Vehicles, which are owned by subjects with full immunity, may not be searched, stored, or impounded without the owner's permission. (Such permission may be assumed if the vehicle has been stolen.) These vehicles may, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard. 409.6.2 REPORTS In all cases involving immunity claimants, whether or not the claim is verified, officers will complete case reports before going off duty. Special Services will forward a copy of the case report to the Chief's office immediately. The words "Immunity Claim" shall be marked on the case report. The case should include information regarding the claimant's title, country, and type of identification presented (if applicable). If the violation was flagrant, if the claimant was uncooperative, or if there were any other unusual aspects of the enforcement contact that should be reported to the Department of State for further action. The reporting officer will ensure that notification of Department of State and all necessary follow-up occur. 409.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY These policies and procedures apply to foreign nationals who do not claim diplomatic or consular immunity. Officers shall arrest foreign nationals only under the following circumstances: (a) There is a valid warrant issued for the person's arrest. (b) There is probable cause to believe that the foreign national has violated a federal criminal law, a state law, or a local ordinance. (c) Officers shall not arrest foreign nationals solely for alleged undocumented entry into the U.S. unless the undocumented entry is committed in the officer's presence. After a lawful detention or criminal arrest, officers may detain foreign nationals solely for alleged undocumented presence in the U.S. if the U.S. Immigration and Customs Enforcement (ICE) is contacted and can respond to take custody within a reasonable time. Officers shall not arrest foreign nationals for undocumented presence. Federal courts have consistently held that undocumented presence is not a crime but a federal civil violation only enforceable by federal officers. Officers shall not stop or detain persons solely for determining immigration status. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 231 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Arrest or Detention of Foreign Nationals International treaty obligations provide for notification of foreign governments when foreign nationals are arrested or otherwise detained in the U.S. Whenever an officer arrests and incarcerates a foreign national or detains a foreign national for investigation for over two hours, the officer shall promptly advise the individual that he/she is entitled to have his/her government notified of the arrest or detention. If the individual wants his/her government notified, the officer shall begin the notification process. 409.7.1 ARREST PROCEDURE Whenever an officer physically arrests or detains an individual for criminal investigation and the officer reasonably believes the person to be a foreign national, the officer shall inquire to determine the person's citizenship. This procedure applies to detentions of more than two hours. An inquiry is not required if the individual is detained less than two hours for criminal investigation. If the individual indicates that he/she is other than a U.S. citizen, the officer shall advise the individual that he/she has a right to have the nearest appropriate embassy or consulate notified of the arrest/detention (Vienna Convention on Consular Relations, Art. 36, (1969)). If the individual requests such notification, the officer shall ensure the appropriate embassy/consulate be notified. Officers shall provide the following information concerning the individual: • Country of citizenship. • Full name of individual, including paternal and maternal surname if used. • Date of birth or age. • Current residence. • Time, date, place, location of incarceration/detention, and the 24-hour telephone number of the place of detention if different from the Department itself. If the individual claims citizenship of one of the countries for which notification of the consulate/ embassy is mandatory, officers shall contact the embassy as soon as practicable, regardless of whether the individual desires that the embassy/consulate be notified. This procedure is critical because of treaty obligations with the particular countries. The list of countries and jurisdictions that require notification can be found on the U.S. Department of State website. 409.7.2 DOCUMENTATION Officers shall document notification of the consulate and/or State Department and any pertinent details in their report. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Arrest or Detention of Foreign Nationals - 232 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Rapid Response and Deployment 410.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers in situations that call for rapid response and deployment. 410.2 POLICY The Tukwila Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Department in protecting themselves or others from death or serious injury. 410.3 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life -threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance. Officersshould remain aware of the possibility that an incident may be part of a coordinated multi - location attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action officers should consider: (a) Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be made based on information known or received at the time. (b) Whether to wait for additional resources or personnel, This does not preclude an individual officer from taking immediate action. (c) Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d) Whether the suspect can be contained or denied access to victims. (e) Whether the officers have the ability to effectively communicate with other personnel or resources. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Rapid Response and Deployment - 233 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Rapid Response and Deployment (f) Whether planned tactics can be effectively deployed. (g) The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response). 410.4 CONSIDERATIONS When dealing with a crisis situation members should: (a) Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b) Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c) Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d) Attempt, if feasible and based upon the suspect's actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 410.5 PLANNING The SWAT Commander should coordinate critical incident planning. Planning efforts should consider: (a) Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Availability of building plans and venue schematics of likely critical incident target sites. (c) Communications interoperability with other law enforcement and emergency service agencies. (d) Training opportunities in critical incident target sites, including joint training with site occupants. (e) Evacuation routes in critical incident target sites. (f) Patrol first -response training. (g) Response coordination and resources of emergency medical and fire services. (h) Equipment needs. (i) Mutual aid agreements with other agencies. Q) Coordination with private security providers in critical incident target sites. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Rapid Response and Deployment - 234 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Rapid Response and Deployment 410.6 TRAINING The Training Officer should include rapid response to critical incidents in the training plan. This training should address: (a) Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Communications interoperability with other law enforcement and emergency service agencies. (c) Patrol first -response training, including patrol rifle, shotgun, breaching tool and control device training. (d) First aid, including gunshot trauma. (e) Reality -based scenario training (e.g., active shooter, disgruntled violent worker). 410.7 SCHOOL NOTIFICATION The Patrol Division Commander should establish protocols for public and private school notification in the event an incident reasonably appears to require a lockdown or evacuation. Protocols should include notification to all known schools in the vicinity of the incident that may be similarly threatened (RCW 28A.320.125). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Rapid Response and Deployment - 235 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Immigration Violations 411.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Tukwila Police Department relating to immigration laws and interacting with federal immigration officials (RCW 43.10.315). 411.2 POLICY It is the policy of the Tukwila Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 411.2.1 ENFORCEMENT OF FEDERAL IMMIGRATION LAW Unless otherwise required by law or court order, no officer of the City of Tukwila shall stop, search, arrest, detain, or continue to detain a person based on any administrative or civil immigration detainer request unless accompanied by a valid criminal warrant issued by a judge or magistrate. All employees should review and be familiar with Tukwila Municipal Code 2.98 411.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way that would violate the United States or Washington constitutions. 411.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention or arrest. 411.3.2 SWEEPS The Tukwila Police Department does not conduct sweeps or other concentrated efforts to detain suspected undocumented aliens. When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Immigration Violations - 236 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Immigration Violations 411.3.3 ICE REQUEST FOR ASSISTANCE If a specific request is made by ICE or any other federal agency, this department will provide available support services, such as traffic control or peacekeeping efforts, during the federal operation. Members of this department should not participate in such federal operations as part of any detention team unless it is in direct response to a request for assistance on a temporary basis or for officer safety. Any detention by a member of this department should be based upon the reasonable belief that an individual is involved in criminal activity. 411.3.4 IDENTIFICATION Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor, or felony), the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be taken to the station and given a reasonable opportunity to verify his/her true identity (e.g., telephone calls). If the person's identity is thereafter reasonably established, the original citation release should be completed without consideration of immigration status. 411.3.5 ARREST If the officer intends to take enforcement action and the individual is unable to reasonably establish his/hertrue identity, the officer may take the person into custody on the suspected criminal violation (RCW 10.31.100). 411.4 WASHINGTON STATE IMMIGRATION RESTRICTIONS Members shall not (RCW 10.93.160): (a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth unless there is a connection between such information and an investigation into a violation of state or local criminal law. (b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. (c) Provide nonpublicly available personal information about an individual to federal immigration authorities in a noncriminal matter, except as required by state or federal law. (d) Give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federal law, a court order, or written consent of the individual. (e) Allow a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in custody if the person has not consented in writing to be interviewed. In order to obtain consent, the person shall be provided with an oral explanation and a written consent form that explains the purpose of Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Immigration violations - 237 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Immigration Violations the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. (f) Detain individuals solely for the purpose of determining their immigration status. (g) Take a person into custody or hold a person in custody: 1. Solely for the purposes of determining immigration status 2. Based solely on a civil immigration warrant issued by a federal immigration authority 3. On an immigration hold request 411.4.1 SCHOOL RESOURCE OFFICERS Members who are school resource officers shall not (RCW 10.93.160): (a) Inquire or collect information about an individual's immigration or citizenship status, or place of birth. (b) Provide information pursuant to notification requests from federal immigration officials for the purposes of civil immigration enforcement, except as required by law. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Immigration violations - 238 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Field Training Officer Program 412.1 PURPOSE AND SCOPE The Field Training Officer Program is intended to provide a standardized program to facilitate the officer's transition from the academic setting to the actual performance of general law enforcement duties of the Tukwila Police Department. It is the policy of this department to assign all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment possessing all skills needed to operate in a safe, productive and professional manner. 412.2 FIELD TRAINING OFFICER SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. 412.2.1 TRAINING An officer selected as a Field Training Officer shall successfully complete a CJTC Certified Field Training Officer's Course prior to being assigned as an FTO. 412.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The Field Training Officer Program supervisor will be selected by a Patrol Division Commander. The responsibilities of the FTO Program Supervisor include the following: (a) Assignment of trainees to FTOs. (b) Conduct FTO meetings. (c) Maintain and ensure FTO/Trainee performance evaluations are completed. (d) Coordinate with Training to maintain and update the Field Training Manual. (e) Monitor individual FTO performance. (f) Monitor overall FTO Program. (g) Maintain liaison with academy staff on recruit performance during the academy. (h) Develop ongoing training for FTOs. 412.4 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 12 weeks. The training period for lateral officers may be modified depending on the trainee's demonstrated performance and level of experience, but shall consist of a minimum of eight weeks. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Field Training Officer Program - 239 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Field Training Officer Program To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts and geographical areas during their Field Training Program. 412.4.1 FIELD TRAINING MANUAL Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Tukwila Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules and regulations enacted by the Tukwila Police Department. 412.5 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 412.5.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a) Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO program supervisor on a daily basis. (b) Review the Daily Observation Report (DOR) with the trainee each day. (c) Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. 412.5.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the DOR's and forward them to the Field Training Supervisor. 412.5.3 FIELD TRAINING ADMINISTRATOR The Field Training Program Supervisor will review and track the DOR submitted by the FTO. 412.6 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer's training files and will consist of the following: (a) Daily Observation Reports (DOR's). (b) Memorandum indicating successful completion of the FTO Program. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Field Training Officer Program - 240 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Obtaining Air Support 413.1 PURPOSE AND SCOPE The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request. 413.2 REQUEST FOR HELICOPTER ASSISTANCE If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made through ValleyCom if air support is in service and readily available. If airsupport is not in service and must be called out, the Shift Supervisor will notify the CDO when practical. 413.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for a helicopter, the Shift Sergeant, or his/her designee, will call the closest agency having air support available. The Shift Sergeant on duty will apprise that agency of the specific details of the incident prompting the request. 413.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a) When the helicopter is activated under existing mutual aid agreements. (b) Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard. (c) When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community. (d) When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard. (e) Vehicle pursuits. While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopterwill rarely replace the need for officers on the ground. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Obtaining Air Support - 241 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Contacts and Temporary Detentions 414.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat -down searches, and the taking and disposition of photographs. 414.1.1 DEFINITIONS Consensual encounter - When an officer contacts an individual but does not create a detention through words, actions, or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field photographs - Posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system, body -worn camera, or public safety camera when persons are not posed for the purpose of photographing are not considered field photographs. Pat -down search - A type of search used by officers in the field to check an individual for dangerous weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. Temporary detention - When an officer intentionally, through words, actions or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when an officer actually restrains a person's freedom of movement. 414.2 FIELD INTERVIEWS Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary to resolve the officer's suspicion. Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with consenting individuals is encouraged by the Tukwila Police Department to strengthen community involvement, community awareness, and problem identification. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Contacts and Temporary Detentions - 242 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Contacts and Temporary Detentions 414.2.1 INITIATING A FIELD INTERVIEW When initiating the stop, the officer should be able to point to specific facts which, when considered with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not limited to an individual's: (a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is engaged in a criminal act. (b) Actions suggesting that he/she is engaged in a criminal activity. (c) Presence in an area at an inappropriate hour of the day or night. (d) Presence in a particular area is suspicious. (e) Carrying of suspicious objects or items. (f) Excessive clothes for the climate or clothes bulging in a manner that suggests he/she is carrying a dangerous weapon. (g) Location in proximate time and place to an alleged crime. (h) Physical description or clothing worn that matches a suspect in a recent crime. (i) Prior criminal record or involvement in criminal activity as known by the officer. 414.3 PAT -DOWN SEARCHES Once a valid stop has been made, and consistent with the officer's training and experience, an officer may pat a suspect's outer clothing for weapons if the officer has a reasonable, articulable suspicion the suspect may pose a safety risk. The purpose of this limited search is not to discover evidence of a crime, but to allow the officer to pursue the investigation without fear of violence. Circumstances that may establish justification for performing a pat -down search include but are not limited to the following: (a) The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved. (b) Where more than one suspect must be handled by a single officer. (c) The hour of the day and the location or neighborhood where the stop takes place. (d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons. (e) The actions and demeanor of the suspect. (f) Visual indications which suggest that the suspect is carrying a firearm or other dangerous weapon. Whenever practicable, pat -down searches should not be conducted by a lone officer. A cover officer should be positioned to ensure safety and should not be involved in the search. 414.4 FIELD PHOTOGRAPHS All available databases should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer shall carefully consider, among other things, the factors listed below. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Contacts and Temporary Detentions - 243 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Contacts and Temporary Detentions 414.4.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph. 414.4.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based on reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking a photograph. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 414.4.3 DISPOSITION OF PHOTOGRAPHS All detainee photographs must be adequately labeled and submitted to the Shift Sergeant with either an associated FI card or other documentation explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures. If a photograph is not associated with an investigation where a case number has been issued, the Shift Sergeant should review and forward the photograph to one of the following locations: (a) If the photo and associated FI or memorandum is relevant to criminal organization/ enterprise enforcement, the Shift Sergeant will forward the photo and documents to the designated criminal intelligence system supervisor. The supervisor will ensure the photograph and supporting documents are retained as prescribed in the Criminal Organizations Policy. (b) Photographs that do not qualify for retention in a criminal intelligence system or temporary information file shall be forwarded to the Support Operations. When a photograph is taken in association with a particular case, the investigator may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs shall be retained in accordance with the established records retention schedule. 414.4.4 SUPERVISOR RESPONSIBILITIES While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph is taken. Access to, and use of, field photographs shall be strictly limited to law enforcement purposes. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Contacts and Temporary Detentions - 244 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Contacts and Temporary Detentions 414.5 POLICY The Tukwila Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision to temporarily detain a person and complete an Fl, pat -down search, or field photograph shall be left to the officer based on the totality of the circumstances, officer safety considerations, and constitutional safeguards. 414.6 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on -scene supervisor and/or criminal investigator to utilize available members for the following: (a) Identifying all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, [officers/deputies] should attempt to identify the witness prior to his/her departure. (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department members. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transport. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Contacts and Temporary Detentions - 245 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Criminal Organizations 415.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Tukwila Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 415.2 POLICY Criminal Street Gang - Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and which has a common name or common identifying sign or symbol, and whose members individually or collectively engage or who have engaged in a pattern of criminal street gang activity. Gang Related Offense - Any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang. Criminal Street Gang Associate or Member - Any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang. 415.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20 and RCW 43.43.762. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: (a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. 415.4 TEMPORARY INFORMATION FILE The CPT Supervisor may maintain a temporary file of reports and Fls that is separate from any criminal gang intelligence database when an individual or group has been identified as a suspected criminal street gang participant or a suspected criminal street gang but does not meet the criteria necessary for entry into a criminal gang intelligence database. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Criminal organizations - 246 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Criminal Organizations Inclusion in a temporary file may be done only if there is a reasonable likelihood that, within one year of the contact, the individual or group will meet the criteria for entry into a department approved criminal gang intelligence database. Reports and Fls will only be included in a temporary gang file with the written authorization of the CPT Supervisor. A temporary file of criminal street gang participants or criminal street gangs shall include: (a) Names, aliases, monikers, addresses, and other relevant identifying information. (b) Gang name. (c) Justification used to identify an individual as a criminal street gang participant. (d) Vehicle(s) known to be used. (e) Cross references to other identified gangs or gang members. 415.4.1 FILE CONTENTS A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system. Information and documents contained in a temporary information file: (a) Must only be included upon documented authorization of the responsible department supervisor. (b) Should not be originals that would ordinarily be retained by the Support Operations or Property and Evidence Section, but should be copies of, or references to, retained documents, such as copies of reports, field interview (FI) forms, ValleyCom records or booking forms. (c) Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d) May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. 415.4.2 FILE REVIEW AND PURGING While this policy does not establish a gang intelligence database, the Chief of Police may approve one or more gang intelligence databases for use by members of the CPT. Any such database should be compliant with 28 C.F.R. § 23.20 regulating criminal intelligence systems. Employees must obtain the requisite training before accessing any such database. It is the CPT Supervisor's responsibility to determine whether a report or FI contains information that would substantiate an entry into a department approved intelligence database. The CPT Supervisor should forward any such reports or Fls to Support Operations after appropriate database entries are made. The submitting CPT Supervisor should clearly mark the report/FI as Gang Intelligence Information. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Criminal organizations - 247 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Criminal Organizations It is the responsibility of the Senior Manager to retain reports and Fls in compliance with the procedures of the department approved gang/intelligence file and 28 C.F.R. § 23.20. The Senior Manager may not purge these reports or Fls without the approval of the Gang Unit Supervisor. Validation and purging of gang intelligence databases is the responsibility of the Gang Unit Supervisor. 415.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a) Gang indicia associated with a person or residence. (b) Information related to a drug -trafficking operation. (c) Vandalism indicating an animus for a particular group. (d) Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Training Officer to train members to identify information that may be particularly relevant for inclusion. 415.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need -to -know basis and consistent with the Records Maintenance and Release Policy. When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 415.7 CRIMINAL STREET GANGS The Major Crimes Unit supervisor and CPT supervisor should ensure that there are an appropriate number of department members who can: (a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with identification of criminal street gangs, criminal street gang members and patterns of criminal gang activity. (b) Train other members to identify gang indicia and investigate criminal street gang - related crimes. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Criminal organizations - 248 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Criminal Organizations 415.8 TRAINING The Training Officer should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a) The protection of civil liberties (b) Participation in a multi -agency criminal intelligence system. (c) Submission of information into a multi -agency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. (d) The type of information appropriate for entry into a criminal intelligence system or temporary information file. (e) The review and purging of temporary information files. (f) All users of the Washington criminal street gang database shall receive training on its use prior to accessing the database (RCW 43.43.762). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Criminal Organizations - 249 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Audio Video 416.1 PURPOSE AND SCOPE The Tukwila Police Department has equipped marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 416.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In -car camera system and Mobile Audio Video (MAV) system - Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician - Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio -video signals recorded or digitally stored on a storage device or portable media. 416.2 POLICY It is the policy of the Tukwila Police Department to use mobile audio and video technology to more effectively fulfill the department's mission and to ensure these systems are used securely and efficiently. 416.3 OFFICER RESPONSIBILITIES Prior to going into service, each officer will properly equip him/herself to record audio and video in the field. At the end of the shift, each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. At the start of each shift, officers should test the MAV system's operation in accordance with manufacturer specifications and department operating procedures and training. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. If at any time the MAV is not working, the officer will note it in his CAD unit history. 416.4 ACTIVATION OF THE MAV The MAV system is designed to turn on whenever the unit's emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Audio Video - 250 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Audio Video should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record. Whenever reasonably practicable, officers shall inform any person being recorded that an audio recording is being made and shall ensure that such advisement informing the person is also recorded (RCW 9.73.090(1)(c)). 416.4.1 REQUIRED ACTIVATION OF MAV This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident. In some circumstances it is not possible to capture images of the event due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations: (a) All field contacts involving actual or potential criminal conduct within video or audio range: 1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2. Priority responses 3. Vehicle pursuits 4. Suspicious vehicles 5. Arrests 6. Vehicle searches 7. Transports 8. Physical or verbal confrontations or use of force 9. Pedestrian checks 10. DWI/DUI investigations including field sobriety tests 11. Consensual encounters 12. Crimes in progress 13. Responding to an in -progress call (b) All self -initiated activity in which an officer would normally notify ValleyCom (c) Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Audio Video - 251 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Audio Video 1. Domestic violence calls 2. Disturbance of peace calls 3. Offenses involving violence or weapons (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e) Any other circumstance where the officer believes that a recording of an event would be appropriate 416.4.2 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded (audio may be muted for conversations with other officers or people not involved with the call). The officer should cease recording when completed with his involvement with the call. 416.4.3 SUPERVISOR RESPONSIBILITIES Officers should use a vehicle with a working MAV. The Supervisor should determine if vehicles with non-functioning MAV systems will be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification in CAD at log -on. The supervisor shall ensure that vehicles with a non-functioning MAV are scheduled for repair in a timely manner. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer -involved shootings, department -involved collisions), a supervisor shall ensure the media is property secured until it can be downloaded and is locked out by the MAV tech. 416.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law. Recordings shall only be used for official department business. Review by supervisors without a specific performance issue in mind should not be conducted. No sound or video recording may be made available to the public until final disposition of any criminal or civil litigation which arises from the event or events that were recorded (RCW 9.73.090(1)(c)). 416.6 DOCUMENTING MAV USE If any incident is recorded with the MAV system, the existence of the recording shall be documented in the officer's report (including infractions). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Audio Video - 252 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Audio Video 416.7 RECORDING MEDIA STORAGE AND INTEGRITY All recording will be retained in compliance with the established records retention schedule (RCW 9.73.090(2)). 416.7.1 MAV RECORDINGS AS EVIDENCE Officers shall enter the appropriate retention data as soon as practicable. If a recording may be pertinent to a civil case or a potential claim against an officer or the department, the officer should notify their supervisor for review and possible retention. 416.8 MAV TECHNICIAN RESPONSIBILITIES The Senior Manager is responsible for managing the long-term storage of media in accordance with the department records storage protocols and the records retention schedule. 416.9 TRAINING MAV training will be conducted as part of the FTO program. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Audio Video - 253 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Digital Computer Use 418.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and ValleyCom. 418.2 POLICY Tukwila Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy. 418.3 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Shift Sergeants. Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business -related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member's name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 418.3.1 USE WHILE DRIVING Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped. Information that is required for immediate enforcement, investigative, tactical or safety needs should be transmitted over the radio. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Digital Computer Use - 254 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Mobile Digital Computer Use 418.4 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Shift Sergeant or other department -established protocol, all calls for service assigned by a dispatcher should be communicated by voice over the police radio and electronically via the MDC unless security or confidentiality prevents such broadcasting. MDC and voice transmissions are used to document the member's daily activity. To ensure accuracy: (a) All contacts or activity shall be documented at the time of the contact. (b) Whenever the activity or contact is initiated by voice, it should be documented by a dispatcher. (c) Whenever the activity or contact is not initiated by voice, the member shall document it via the MDC. 418.4.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDC system. Members responding to in -progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDC when the vehicle is not in motion. 418.4.2 EMERGENCY ACTIVATION If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Members should ensure a field supervisor and the Shift Sergeant are notified of the incident without delay. Officers not responding to the emergency shall refrain from transmitting on the police radio until a no -further -assistance broadcast is made or if they are also handling an emergency. 418.5 EQUIPMENT CONSIDERATIONS 418.5.1 MALFUNCTIONING MDC Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify ValleyCom. It shall be the responsibility of the dispatcher to document all information that will then be transmitted verbally over the police radio. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Mobile Digital Computer Use - 255 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Bicycle Patrol Unit 419.1 PURPOSE AND SCOPE The Tukwila Police Department authorizes the use of bicycles for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle. 419.2 POLICY Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special events. The use of the patrol bicycle will emphasize their mobility and visibility to the community. Bicycles may be deployed to any area at all hours of the day or night, according to department needs and as staffing levels allow. Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle Patrol Unit supervisor or the Shift Sergeant. 419.3 TRAINING Participants in the program must complete an initial department -approved bicycle -training course after acceptance into the program. Thereafter bicycle patrol officers should receive twice yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following: • Bicycle patrol strategies. • Bicycle safety and accident prevention. • Operational tactics using bicycles. Bicycle patrol officers will be required to train with their duty firearm while wearing bicycle safety equipment including the helmet and riding gloves. 419.4 UNIFORMS AND EQUIPMENT Officers shall wear the department -approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department -approved helmet, riding gloves, protective eyewear and approved footwear. The bicycle patrol unit uniform consists of the standard short -sleeve uniform shirt or other department -approved shirt with department badge and patches and department -approved bicycle patrol pants or shorts. Optional equipment includes jacket in colder weather, turtleneck shirts or sweaters when worn under the uniform shirt, and a radio head set and microphone. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Bicycle Patrol Unit - 256 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Bicycle Patrol Unit Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol. 419.5 OFFICER RESPONSIBILITY Officers must operate the bicycle in compliance with applicable codes under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and/or tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. It shall be the policy of this department that all other bicycle operation shall be in compliance with the rules of the road except when responding to an emergency call or when in the pursuit of an actual or suspected violator. An emergency response or pursuit shall be conducted only with emergency lights and siren and under the conditions required by RCW 46.61.035 and with due regard and caution for the safety of all persons using the highway as required by RCW 46.61.035(4). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Bicycle Patrol Unit - 257 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Foot Pursuits 420.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 420.2 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. 420.3 DECISION TO PURSUE The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members. Officers may be justified in initiating a foot pursuit of any individual that the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity alone shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual's involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a) Containment of the area. (b) Saturation of the area with law enforcement personnel, including assistance from other agencies. (c) A canine search. (d) Thermal imaging or other sensing technology. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Foot Pursuits - 258 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Foot Pursuits (e) Air support. (f) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. 420.4 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a) Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory. (b) The officer is acting alone. (c) Two or more officers become separated, lose visual contact with one another or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d) The officer is unsure of his/her location and direction of travel. (e) The officer is pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspect should a confrontation occur. (f) The physical condition of the officer renders him/her incapable of controlling the suspect if apprehended. (g) The officer loses radio contact with the dispatcher or with assisting or backup officers. (h) The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j) The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k) The officer loses possession of his/her firearm or other essential equipment. (1) The officer or a third party is injured during the foot pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m) The suspect's location is no longer known. (n) The identity of the suspect is established or other information exists that will allow for the suspect's apprehension at a later time, and it reasonably appears that there is no immediate threat to department members or the public if the suspect is not immediately apprehended. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Foot Pursuits - 259 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Foot Pursuits (o) The officer's ability to safely continue the foot pursuit is impaired by inclement weather, darkness or other environmental conditions. 420.5 RESPONSIBILITIES IN FOOT PURSUITS 420.5.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit and containment. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a) Location and direction of travel (b) Call sign identifier (c) Reason for the foot pursuit, such as the crime classification (d) Number of suspects and description, to include name if known (e) Whether the suspect is known or believed to be armed with a dangerous weapon Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify the dispatcher of his/her location and the status of the foot pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. 420.5.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non -essential radio traffic to permit the involved officers maximum access to the radio frequency. 420.5.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Foot Pursuits - 260 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Foot Pursuits the supervisor does not, however, need to be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post -foot pursuit activity. 420.5.4 VALLEYCOM RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible for: (a) Clearing the radio channel of non -emergency traffic. (b) Coordinating pursuit communications of the involved officers. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the foot pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notifying the Shift Sergeant as soon as practicable. (g) Assigning an incident number and logging all pursuit activities. 420.6 REPORTING REQUIREMENTS The initiating officer shall complete appropriate crime/arrest reports documenting, at a minimum: (a) Date and time of the foot pursuit. (b) Initial reason and circumstances surrounding the foot pursuit. (c) Course and approximate distance of the foot pursuit. (d) Alleged offenses. (e) Involved vehicles and officers. (f) Whether a suspect was apprehended as well as the means and methods used. 1. Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g) Arrestee information, if applicable. (h) Any injuries and/or medical treatment. (i) Any property or equipment damage. Q) Name of the supervisor at the scene or who handled the incident. (k) A preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Foot Pursuits - 261 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Foot Pursuits Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Foot Pursuits - 262 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual SCHOOL RESOURCE OFFICER PROGRAM 421.1 PURPOSE AND SCOPE It is the policy of the Department to cooperate with theTukwila School District in providing a safe environment for students and faculty and to interact in a positive manner with the youth of the community by providing a School Resource Officer Program. 421.2 GOALS AND OBJECTIVES The School District and the Police Department share the common goal of ensuring responsible juvenile behavior. The School Resource Officer Program is designed to form a partnership between the school administration, teachers, students, and the Police Department toward that end. Specific goals and objectives are: (a) Create a greater respect for law and order in the public school system and minimize criminal activity. (b) Identify youth in danger of becoming known to the criminal justice system and work with them to help them choose a more positive and socially acceptable way to conduct themselves. (c) Alleviate tension and fear brought on by criminal activity on or near school campus. (d) Enhance communication and understanding between students, their families, School District staff and the Police Department. (e) Provide for direct action in the apprehension of criminal violators on or near the school campus as it relates to safety at the school. (f) Maintain a regular office on the campuses of Foster High School, providing assistance to the school community on police related problems. (g) Provide coordination of security measures for special school activities, such as sports events and dances. (h) Reduce the need for Police Patrol Division response to the schools. (i) Provide for more continuity and to establish better relationships with the school staff. Q) Provide for School District input in the selection process of School Resource Officers 421.3 SCHOOL RESOURCE OFFICER RESPONSIBILITIES One (1) School Resource Officer is assigned to both Foster High School and Showalter Middle School. This does not preclude the SRO from visiting the Elementary schools at any time. (a) The School Resource Officer will be supervised by the Professional Standards Unit Sergeant. (b) It will be a uniformed position, but School Resource Officers may wear appropriate civilian attire as the occasion requires, with the supervisor's approval. (c) The working hours of the School Resource Officer will be established by the Division Commander with the flexibility necessary to achieve the states goals and objectives of the program. (d) The working hours of the School Resource Officer may require frequent adjustments to accommodate special events requiring their presence. (e) The School Resource Officer will start work at the assigned school one week before the classes start for students in the fall. The starting time corresponds with that of the Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SCHOOL RESOURCE OFFICER PROGRAM Published with permission by Tukwila Police Department - 263 Tukwila Police Department Tukwila PD Policy Manual SCHOOL RESOURCE OFFICER PROGRAM school's administrative staff. This will generally be in the third week of August. The School Resource Officer shall continue to work at the school until the last day of the school year, generally the second or third week of June. (f) During the school year the School Resource Officer shall: 1. Handle the calls that are related to the school and would normally be directed to police. 2. Report all significant incidents to a police supervisor. 3. Investigate and follow-up on crimes reported at the schools. 4. Assist Patrol and Investigations personnel in the arrest of juveniles at the schools as a result of investigations not originated by the School Resource Officer. 5. Work closely with other officers of the police department in matters relating to the schools, youth gangs and the community. 6. Assist the school administration with the prevention of crime and delinquency on campus. 7. Strive to increase student understanding and respect for law enforcement though interaction in informal situations and activities. 8. Interact with students relating to police/student problems and be a focal point for quelling unrest on campus. 9. Develop and maintain lines of communication between School District staff, students, parents and the Police Department. 10. Serve the school and community as a source of information regarding City and Police functions. 11. Provide officer -in -classroom programs when requested. This might include educational presentations to staff and students regarding the criminal justice system, criminal activity and substance abuse education. 12. Assist school staff in establishing policies that will contribute to the safety of school staff and students. 13. Participate in student counseling and parent conferences, when appropriate. 14. Provide testimony and technical assistance to the School District at expulsion hearings, or other proceedings when appropriate. 15. Coordinate and supervise security measures at school activities in conjunction with a vice principal, including sports events, dances, plays, etc. 16. Work with the school administration in identifying gang activity or potential gang activities as related to school safety. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SCHOOL RESOURCE OFFICER PROGRAM Published with permission by Tukwila Police Department - 264 Tukwila Police Department Tukwila PD Policy Manual SCHOOL RESOURCE OFFICER PROGRAM 17. Attend youth gang task force meetings, as time allows. 18. Attend periodic meetings of School Resource Officers and related organizations. 19. Be a positive role model for youths through positive interaction and projection of a professional image. 20. Provide training for campus supervisors on maintaining a safe and secure environment. (g) During summer and school breaks the School Resource Officer shall: 1. Work with school staff to prepare for the next school year. 2. Attend job related training. 3. Supplement the Patrol and CPT function. Any activities outside of the above functions shall be approved by the Division Commander. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SCHOOL RESOURCE OFFICER PROGRAM Published with permission by Tukwila Police Department - 265 Tukwila Police Department Tukwila PD Policy Manual Public Recording of Law Enforcement Activity 422.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence. 422.2 POLICY The Tukwila Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 422.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a) Recordings may be made from any public place or any private property where the individual has the legal right to be present. (b) Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: 1. Tampering with a witness or suspect. 2. Inciting others to violate the law. 3. Being so close to the activity as to present a clear safety hazard to the officers. 4. Being so close to the activity as to interfere with an officer's effective communication with a suspect or witness. (c) The individual may not present an undue safety risk to the officers, him/herself or others. 422.4 OFFICER/DEPUTY RESPONSE Officers should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Tukwila Police Department - 266 Tukwila Police Department Tukwila PD Policy Manual Public Recording of Law Enforcement Activity behavior to be unlawful. Accompanying the warnings should be clear directions on what an individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 422.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the officer and: (a) Request any additional assistance as needed to ensure a safe environment. (b) Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded. (c) When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d) Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e) Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 422.6 SEIZING RECORDINGS AS EVIDENCE Officers should not seize recording devices or media unless (42 USC § 2000aa): (a) There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b) There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c) The person consents. 1. To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. 2. If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain the Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Tukwila Police Department - 267 Tukwila Police Department Tukwila PD Policy Manual Public Recording of Law Enforcement Activity evidence is to transmit a copy of the recording from a device to a department - owned device. Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Tukwila Police Department - 268 Tukwila Police Department Tukwila PD Policy Manual Homeless Persons 423.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Tukwila Police Department recognizes that members of the homeless community are often in need of special protection and services. The Tukwila Police Department will address these needs in balance with the overall missions of this department. Therefore, officers will consider the following policy sections when serving the homeless community (see the Emergent Detentions Policy). 423.1.1 POLICY It is the policy of the Tukwila Police Department to provide law enforcement services to all members of the community while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 423.2 HOMELESS COMMUNITY LIAISON The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following: (a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with Social Services and representatives of other organizations that render assistance to the homeless. (c) Maintain a list of those areas within and near this jurisdiction that are used as frequent homeless encampments. (d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include the following: 1. Proper posting of notices of trespass and clean-up operations. 2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures. (e) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure the rights of the homeless are not violated. (f) Develop training to assist officers in understanding current legal and social issues relating to the homeless. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Homeless Persons - 269 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Homeless Persons 423.3 FIELD CONTACTS Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community -oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent such services may be appropriate. 423.3.1 OTHER CONSIDERATIONS Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects: (a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends. (b) Document places the homeless person may frequent. (c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event a homeless victim is unavailable for a court appearance. (e) Consider whether the person may be a vulnerable adult and if so, proceed in accordance with the Adult Abuse Policy. (f) Arrange for transportation for investigation -related matters, such as medical exams and court appearances. (9) Consider whether a crime should be reported and submitted for prosecution even when a homeless victim indicates he/she does not desire prosecution. (h) Document any facts indicating that the offense was intentionally committed because the victim was homeless or perceived to be homeless (RCW 9.94A.535). 423.4 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Homeless Persons - 270 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Homeless Persons When a homeless person is arrested, or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor's responsibility to coordinate the removal and safekeeping of the property. Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer. When practicable, requests by the public for clean-up operations of a homeless encampment should be referred to the Homeless Liaison Officer. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion. 423.5 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention. When a mental illness detention is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor. 423.6 ECOLOGICAL ISSUES Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Homeless Persons - 271 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual First Amendment Assemblies 424.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 424.2 POLICY The Tukwila Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 424.3 GENERAL CONSIDERATIONS Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed. Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to: Lawful, constitutionally protected actions and speech. Civil disobedience (typically involving minor criminal acts). Rioting. All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: (a) Engage in assembly or demonstration -related discussion with participants. (b) Harass, confront or intimidate participants. (c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. Supervisors should continually observe department members under their commands to ensure that members' interaction with participants and their response to crowd dynamics is appropriate. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. First Amendment Assemblies - 272 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual First Amendment Assemblies 424.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS Photographs and video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct. Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious or social views of associations, or the activities of any individual, group, association, organization, corporation, business or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 424.4 UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: • Location • Number of participants • Apparent purpose of the event • Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be impacted • Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to ValleyCom, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 424.5 PLANNED EVENT PREPARATION For planned events, comprehensive, incident -specific operational plans should be developed. The ICS should be considered for such events. 424.5.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: • Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated with the event or similar events. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. First Amendment Assemblies - 273 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual First Amendment Assemblies • The potential time, duration, scope and type of planned activities. • Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests. Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner. Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or the race, ethnicity, national origin or religion of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 424.5.2 OPERATIONAL PLANS An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event. The operational plan will minimally provide: (a) Command assignments, chain of command structure, roles and responsibilities. (b) Staffing and resource allocation. (c) Management of criminal investigations. (d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields). (e) Deployment of specialized resources. (f) Event communications and interoperability in a multijurisdictional event. (g) Liaison with demonstration leaders and external agencies. (h) Liaison with City government and legal staff. (i) Media relations. 0) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k) Traffic management plans. (1) First aid and emergency medical service provider availability. (m) Prisoner transport and detention. (n) Review of policies regarding public assemblies and use of force in crowd control. (o) Parameters for declaring an unlawful assembly. (p) Arrest protocol, including management of mass arrests. (q) Protocol for recording information flow and decisions. (r) Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s) Protocol for handling complaints during the event. (t) Parameters for the use of body -worn cameras and other portable recording devices. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. First Amendment Assemblies - 274 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual First Amendment Assemblies 424.5.3 MUTUAL AID AND EXTERNAL RESOURCES The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Outside Agency Assistance Policy). 424.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group. When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. 424.7 USE OF FORCE Use of force is governed by current department policy, VCDU policy, and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). 424.8 ARRESTS The Tukwila Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest. Mass arrests should be conducted in accordance with Valley CDU Policy.officers 424.9 MEDIA RELATIONS The Public Information Officer should use all available avenues of communication, including press releases, briefings, press conferences and social media to maintain open channels of communication with media representatives and the public about the status and progress of the Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. First Amendment Assemblies - 275 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual First Amendment Assemblies event, taking all opportunities to reassure the public about the professional management of the event (see the Media Relations Policy). 424.10 DEMOBILIZATION When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. 424.11 POST EVENT REPORTING ValleyComPost event reporting shall be in compliance with Valley CDU policy. 424.12 TRAINING Department members assigned to the Civil Disturbance Team shall be trained in accordance with VCDU policy. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. First Amendment Assemblies - 276 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crisis Intervention Incidents 425.1 PURPOSE AND SCOPE This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires an officer to make difficult judgments about a person's mental state and intent in order to effectively and legally interact with the individual. 425.1.1 DEFINITIONS Definitions related to this policy include: Person in crisis - A person whose level of distress or mental health symptoms have exceeded the person's internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment. 425.2 POLICY The Tukwila Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members' interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 425.3 SIGNS Members should be alert to any of the following possible signs of mental health issues or crises: (a) A known history of mental illness (b) Threats of or attempted suicide (c) Loss of memory (d) Incoherence, disorientation or slow response (e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt (g) Social withdrawal (h) Manic or impulsive behavior, extreme agitation, lack of control (i) Lack of fear 0) Anxiety, aggression, rigidity, inflexibility or paranoia Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crisis Intervention Incidents - 277 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crisis Intervention Incidents Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis. 425.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Division Commander to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources, to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 425.5 FIRST RESPONDERS Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer's authority to use reasonable force when interacting with a person in crisis. Officers are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration. An officer responding to a call involving a person in crisis should: (a) Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b) Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c) If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. (d) Attempt to determine if weapons are present or available. (e) Take into account the person's mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer. (f) Secure the scene and clear the immediate area as necessary. (g) Employ tactics to preserve the safety of all participants. (h) Determine the nature of any crime. (i) Request a supervisor, as warranted. (j) Evaluate any available information that might assist in determining cause or motivation for the person's actions or stated intentions. (k) If circumstances reasonably permit, consider and employ alternatives to force. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crisis Intervention Incidents - 278 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crisis Intervention Incidents 425.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: • Evaluate safety conditions. • Introduce themselves and attempt to obtain the person's name. • Be patient, polite, calm, courteous and avoid overreacting. • Speak and move slowly and in a non -threatening manner. • Moderate the level of direct eye contact. • Remove distractions or disruptive people from the area. • Demonstrate active listening skills (e.g., summarize the person's verbal communication). • Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: • Use stances or tactics that can be interpreted as aggressive. • Allow others to interrupt or engage the person. • Corner a person who is not believed to be armed, violent or suicidal. • Argue, speak with a raised voice or use threats to obtain compliance. 425.7 INCIDENT ORIENTATION When responding to an incident that may involve mental illness or a mental health crisis, the officer should request that the dispatcher provide critical information as it becomes available. This includes: (a) Whether the person relies on drugs or medication, or may have failed to take his/her medication. (b) Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous police response. (c) Contact information for a treating physician or mental health professional. Additional resources and a supervisor should be requested as warranted. 425.8 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crisis Intervention Incidents - 279 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crisis Intervention Incidents (a) Attempt to secure appropriate and sufficient resources. (b) Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy). (c) Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring. (d) Ensure that all reports are completed and that incident documentation uses appropriate terminology and language. (e) Upon conclusion of the event conduct an after -action tactical and operational debriefing, and if needed prepare an after -action evaluation of the incident to be forwarded to the Division Commander (a) Evaluate whether a critical incident stress management debriefing for involved members is warranted. 425.9 INCIDENT REPORTING Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances. Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. 425.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Emergent Detentions Policy. 425.9.2 SUICIDE THREATS OR ATTEMPTS Officers should consider a referral to mental health services when a person has threatened or attempted suicide and the person does not qualify for an emergent detention or voluntarily consent to immediate evaluation at a mental health facility (RCW 71.05.457). (a) Referrals should be made to the person by providing the name and phone number of the mental health agency and any available handouts. (b) The officer may notify the mental health agency of the referral by phone or other method, in addition to preparing a written incident report. Incident reports documenting a referral to a mental health agency should be sufficiently detailed regarding the nature of the incident and the person's behavior, to facilitate the mental health agency's prioritization and nature of their response. The officer should promptly provide a copy of the report to the referred mental health agency (RCW 71.05.457). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crisis Intervention Incidents - 280 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crisis Intervention Incidents 425.10 NON -SWORN INTERACTION WITH PEOPLE IN CRISIS Non -sworn members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues. (a) Members should treat all individuals equally and with dignity and respect. (b) If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c) Members should be aware and understand that the person may make unusual or bizarre claims or requests. If a person's behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 425.11 EVALUATION The Division Commander designated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command. 425.12 TRAINING In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis. Training shall include mandated training in crisis intervention, certified by the Criminal Justice Training Commission, as required by Washington law (RCW 43.101.427; WAC 139-09-020 et seq.). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crisis Intervention Incidents - 281 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Medical Aid and Response 426.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons who appear to be in need of medical aid and establishes a law enforcement response to such situations. 426.2 POLICY It is the policy of the Tukwila Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 426.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR and use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact ValleyCom and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide ValleyCom with information for relay to EMS personnel in order to enable an appropriate response, including: (a) The location where EMS is needed. (b) The nature of the incident. (c) Any known scene hazards. (d) Information on the person in need of EMS, such as: 1. Signs and symptoms as observed by the member. 2. Changes in apparent condition. 3. Number of patients, sex and age, if known. 4. Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. 5. Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Medical Aid and Response - 282 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Medical Aid and Response 426.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. Members should not provide emergency escort for medical transport or civilian vehicles. 426.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should consider proceeding with an emergent detention in accordance with the Emergent Detentions Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal -for -treatment forms or forms accepting financial responsibility for treatment. 426.6 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action. Arrestees who appear to have a serious medical issue should be transported by ambulance. Officers shall not transport an arrestee to a hospital without a supervisor's approval. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Medical Aid and Response - 283 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Medical Aid and Response Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably appears to be exhibiting symptoms that appear to be life threatening, including breathing problems or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants an EMS response in accordance with the officer's training. 426.7 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies. 426.8 AIR AMBULANCE Generally, when on -scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life -threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response. The Patrol Division Commander should develop guidelines for air ambulance landings or enter into local operating agreements for the use of air ambulances, as applicable. In creating those guidelines, the Department should identify: • Responsibility and authority for designating a landing zone and determining the size of the landing zone. • Responsibility for securing the area and maintaining that security once the landing zone is identified. • Consideration of the air ambulance provider's minimum standards for proximity to vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete, grass). • Consideration of the air ambulance provider's minimum standards for horizontal clearance from structures, fences, power poles, antennas or roadways. • Responsibility for notifying the appropriate highway or transportation agencies if a roadway is selected as a landing zone. • Procedures for ground personnel to communicate with flight personnel during the operation. One department member at the scene should be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance. Members should direct vehicle and pedestrian traffic away from the landing zone. Members should follow these cautions when near an air ambulance: • Never approach the aircraft until signaled by the flight crew. • Always approach the aircraft from the front. • Avoid the aircraft's tail rotor area. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Medical Aid and Response - 284 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Medical Aid and Response • Wear eye protection during landing and take -off. • Do not carry or hold items, such as IV bags, above the head. • Ensure that no one smokes near the aircraft. 426.9 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE A semi -automatic external defibrillator or AED should only be used by members who have completed a course approved by the Washington State Department of Health (DOH) that includes instruction in CPR and the use of an AED (RCW 70.54.310). 426.9.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Training Officer who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any memberwho uses an AED shall contact ValleyCom as soon as possible and request response by EMS (RCW 70.54.310). 426.9.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. Any data from usage shall be made available, upon request, to EMS or other health care providers (RCW 70.54.310). 426.9.3 AED TRAINING AND MAINTENANCE The Training Officer should ensure appropriate training is provided to members authorized to use an AED. The Police Support Officer is responsible for ensuring AED devices are appropriately maintained and tested consistent with the manufacturer's operational guidelines, and will retain records of all maintenance in accordance with the established records retention schedule (RCW 70.54.310). 426.10 FIRST AID TRAINING Subject to available resources, the Training Officer should ensure officers receive periodic first aid training appropriate for their position. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Medical Aid and Response - 285 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Worn Cameras 427.1 PURPOSE AND SCOPE This policy applies to the use of Body Worn Cameras (BWC) by department personnel while on duty. Personnel that will be required to wear BWC will be designated by the Chief of Police or his designee. This policy does not apply to surreptitious interception of electronic communications for lawful authorized investigative purposes or to mobile audio video recordings (see Mobile Audio Video Procedure Policy). 427.2 POLICY It is the policy of this department that personnel should activate the BWC when such use is appropriate to the proper performance of his or her official duties and where the recordings are consistent with this policy and law. This agency has adopted the use of the BWC to accomplish several objectives. The primary objectives are as follows: (a) BWCs allow for accurate documentation of police -public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. (b) Audio and video recordings also enhance this agency's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. (c) The BWC may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. 427.3 BWC PERSONNEL RESPONSIBILITIES (a) A designated City Technology Services Technician, in association with contracted vendors, shall be responsible for BWC system maintenance, upgrades, updates, and repairs. (b) The Support Operations Senior Manager is the overall system administrator responsible for system management, file retention, distribution, public disclosure, redaction, and deletion. (c) Supervisors will be responsible for ensuring that the BWC users on their shift use and maintain their BWC equipment. If an officer's equipment is not working, he/she will be responsible for documenting this in CAD, and will ensure that the equipment is promptly turned in to the appropriate person for repair. (d) The Police Department IT technician or City Technology Services Technician shall be responsible for system maintenance, upgrades, updates, and repair. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body Worn Cameras - 286 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Worn Cameras 427.4 BWC USER RESPONSIBILITIES (a) BWCs are for use primarily by uniformed officers. (b) Officers should activate the BWC to record all contacts with citizens in the performance of their official duties. (c) Officers should inform individuals that they are being recorded as soon as practicable. (d) In locations where individuals have a reasonable expectation of privacy, and the officer is not there to effect an arrest or serve a warrant, the BWC may be turned off upon request of an involved party. (e) Once activated, the BWC should remain on until the incident has concluded (audio may be muted for conversations with other officers or people not involved with the call). The officer should cease recording when his or her involvement with the call has been completed. (f) Officers shall indicate in their report that a BWC recording was made. If an officer fails to activate the BWC, fails to record the entire contact, mutes the recording, or interrupts the recording, the officer shall document why a recording was not made, was muted, was interrupted, or was terminated. (g) Civilians should not be allowed to review the recordings at the scene. They should be advised to seek a copy through discovery or to file a public records request through the Support Operations. (h) Unless specifically authorized by the Chief of Police, the BWC shall not be used to record: (a) Anything not involved with official duties (b) Communications with other police personnel while not on a call (c) Communications with undercover officers or confidential informants (d) When on break or otherwise engaged in personal activities 427.5 BWC EQUIPMENT (a) Officers shall be trained on the proper use of the BWC's before their use. (b) Only BWCs issued by the Tukwila Police Department are authorized. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment are the sole property of the Tukwila Police Department. (c) BWC equipment is the responsibility of the individual officers to whom it the equipment is assigned, and it shall be used with reasonable care. Officers shall inspect BWC equipment daily to ensure it functions properly. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible. (d) Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization and approval of the Chief or his designee. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body worn Cameras - 287 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Worn Cameras (e) Officers should inform their supervisor if they used the BWC to record an incident that may 1. Result in a complaint 2. Be used for training 3. Anything else that is unusual or high profile (f) If an officer is involved in an officer -involved shooting or other serious use of force and/or is suspected of wrongdoing, the Chief or his designee may limit or restrict an officer from viewing the video file. 427.6 STORAGE (a) BWC users should download camera footage at least once per shift, and as soon as practicable after a serious incident. (b) Any time an officer records any portion of a contact that the officer reasonably believes constitutes evidence in a criminal case, the officer shall record the related case number and transfer the file in accordance with current procedure for storing digital files, and shall document the existence of the recording in the related case report. Transfer should not occur at the end of the members shift, or at any time when the storage capacity is nearing its limits. Any time a member reasonably believes a recorded contact may be beneficial in a noncriminal matter, the member should promptly notify a supervisor of the existence of the recording. (c) BWC recordings should be stored, retained, released, and deleted in accordance with state records retention and public records disclosure laws. All recordings shall be retained for a period consistent with the requirements outlined by state law, or TPDown records retention schedule if more stringent, but in no event for a period less than 60 days. (d) Recordings not related to a case should be deleted in 60 days, unless retained by a commander or above for training, pursuant to an administrative or internal review, or a recording of a significant event that should be retained for reasons approved by the Chief. (e) The Senior Manager shall be responsible for the deletion of recordings that do not need to be retained. 427.7 REVIEW OF RECORDINGS (a) When preparing written reports, officers should review and utilize their BWC recordings as a resource. However, officers shall not retain personal copies of recordings, and officers should not use the fact that a recording was made as a reason to write a less detailed report. (b) Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, or reports of meritorious conduct, as a part of a follow-up to corrective action, or whenever such recordings would be beneficial in reviewing the officer's performance. However, the department shall not use such Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body worn Cameras - 288 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Worn Cameras recordings without cause for disciplinary investigations or actions. BWC recordings or equipment will not be randomly used to monitor employee performance without cause. (c) Recorded files may also be reviewed: (a) By any member of the department who is participating in an official investigation, such as a personnel complaint, administrative investigation, or criminal investigation, upon approval of a command level supervisor. (b) Pursuant to a lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By a supervisor for the purpose of reviewing performance, and for use with training and mentoring. (d) Review of incidents that adhere to mandatory review or reporting per department policy, examples would be canine application, pursuits, etc. (e) By media personnel with the permission of the Chief of Police or his or her authorized designee. (f) In compliance with a Public Records Request, if permitted and in accordance with the records maintenance and release policy, state and federal law. (d) All recordings should be reviewed by the Senior Manager or designee prior to public release. Redactions will be completed as outlined in RCW 42.56.240 (14). Redactions of recordings will be paid for by the requestor at the current rate established in the City of Tukwila Master Fee schedule. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body worn Cameras - 289 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Civil Disputes 428.1 PURPOSE AND SCOPE This policy provides members of the Tukwila Police Department with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts. The Domestic Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to "court orders" apply to any order of a court that does not require arrest or enforcement by the terms of the order or by Washington law. 428.2 POLICY The Tukwila Police Department recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this department will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace. When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 428.3 GENERAL CONSIDERATIONS When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial. While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes: (a) Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate. (b) Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent. (c) Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d) Members are reminded that they shall not enter a residence or other non-public location without legal authority. (e) Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. CIVII Disputes - 290 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Civil Disputes 428.4 COURT ORDERS Disputes involving court orders can be complex. Where no mandate exists for an officer to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating officer should consult a supervisor prior to making any arrest. If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating officer should document the following: (a) The person's knowledge of the court order or whether proof of service exists. (b) Any specific reason or rationale the involved person offers for not complying with the terms of the order. A copy of the court order should be attached to the report when available. The report should be forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing the order with a notice that the report was also forwarded to the prosecutor for review. 428.4.1 STANDBY REQUESTS Officers responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property. Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property. If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items (RCW 26.50.080). Officers should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or he/she may be subject to arrest for violation of the order. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 428.5 VEHICLES AND PERSONAL PROPERTY Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. 428.6 REAL PROPERTY Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. CIVII Disputes - 291 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Civil Disputes 428.6.1 REQUEST TO REMOVE TRESPASSER DECLARATION Officers possessing a lawful declaration signed under penalty of perjury and in the form required by law, may take enforcement action to remove a person from a residence when (Chapter 284 § 1, 2017 Washington laws): • The person has been allowed a reasonable opportunity to secure and present evidence that the person is lawfully on the premises • The officer reasonably believe he/she has probable cause to believe the person is committing criminal trespass under RCW 9A.52.070 An officer should give the trespasser a reasonable opportunity to vacate the premises before taking enforcement action. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. CIVII Disputes - 292 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Shift Sergeants 430.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant or designated Acting Sergeant heads each watch. 430.2 DESIGNATION AS ACTING SHIFT SUPERVISOR When a Sergeant is unavailable for duty, in most instances a member assigned to the shift who is on the current Sergeants list or the senior qualified Officer shall be designated as the acting shift supervisor. This policy does not preclude designating a less senior Officer as an acting shift supervisor when operational needs require or training permits. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Shift Sergeants - 293 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 5 - Traffic Operations Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic operations - 294 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic -related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Tukwila Police Department. Information provided by the Electronic Traffic Information Processing (eTRIP) data retrieval system is a valuable resource for traffic accident occurrences and officer deployment. Some of the factors for analysis include: • Location • Time • Day • Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. Other factors to be considered for deployment are citizen requests, construction zones or special events. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance. The visibility and quality of an officer's work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Function and Responsibility - 295 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Function and Responsibility 500.3.1 WARNINGS Warnings or other non -punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a) Explanation of the violation or charge. (b) Information on the citation regarding court location and court/payment options. 500.3.3 ARRESTS FOR TRAFFIC OFFENSES Officers may issue a traffic citation for any criminal traffic offense or infraction when such violations are committed in the officer's presence or as allowed pursuant to RCW 10.31.100. With limited exceptions, the detention in such cases may not be for a period of time longer than is reasonably necessary to issue and serve a citation to the violator. A traffic -related detention may expand to a physical arrest under the following circumstances: (a) When the officer has probable cause to believe that a felony has been committed, whether or not it was in the officer's presence (b) When the offense is one or more of the violations listed in RCW 10.31.100(3) (c) When a driver has been detained for a traffic offense listed in RCW 46.63.020 and fails to provide adequate identification or when the officer has reasonable grounds to believe that the person to be cited will not respond to a written citation. 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator who is also driving on a suspended or revoked license, the officer should issue a traffic citation or make an arrest as appropriate. 500.4.1 SUSPENDED, REVOKED OR CANCELED COMMERCIAL LICENSE PLATES If an officer contacts a traffic violator who is operating a commercial truck, truck tractor or tractor with registration that a computer check confirms to be revoked, suspended or canceled, the officer shall confiscate the license plates. The Department may either recycle or destroy the plates (RCW 46.32.100). 500.5 HIGH -VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high - visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Function and Responsibility - 296 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Function and Responsibility Although intended primarily for use while performing traffic related assignments, high -visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member. 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high -visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high -visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. 500.5.2 CARE AND STORAGE OF HIGH -VISIBILITY VESTS High -visibility vests shall be maintained in the trunk of each patrol and investigation unit and in the side box of each police motorcycle. Each vest should be stored inside the re -sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high -visibility vest is properly stored in the vehicle. 500.6 HAZARDOUS ROAD CONDITIONS The Tukwila Police Department will make all reasonable efforts to address all reported hazardous road conditions in a timely manner as circumstances and resources permit. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Function and Responsibility - 297 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Collision Reporting 501.1 PURPOSE AND SCOPE The Tukwila Police Department prepares traffic collision reports and as a public service makes traffic collision reports available to the community with some exceptions. 501.2 TRAFFIC COLLISION REPORTS This department utilizes SECTOR software to complete traffic citations and traffic collision reports. SECTOR shall only be used by those authorized employees who have completed department - approved training in the use of SECTOR software. All traffic collision reports completed with SECTOR software shall comply with established report approval requirements. All reports completed using SECTOR software should be downloaded to the designated server as soon as practical. 501.3 REPORTING SITUATIONS 501.3.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES Traffic collision investigation reports shall be taken when a City -owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle. Whenever there is damage to a City vehicle, an Employee Incident/Accident/Equipment/Property Damage Report shall be completed and forwarded to the appropriate Division Commander. Photographs of the collision scene and vehicle damage should be taken. 501.3.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES When an employee of this department, either on -duty or off -duty, is involved in a traffic collision within the jurisdiction of the Tukwila Police Department resulting in a serious injury or fatality, the Traffic Sergeant or the Shift Sergeant, may notify the Washington State Patrol for assistance. The term serious injury is defined as any injury that may result in a fatality. 501.3.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS The Traffic Sergeant or on -duty Shift Sergeant may request assistance from the Washington State Patrol for the investigation of any traffic collision involving any City official or employee where a serious injury or fatality has occurred. 501.3.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY Officers are not generally required to take traffic collision reports for traffic collisions occurring on private property unless there is a death or injury to any person involved, a hit-and-run violation, or RCW violation. An Incident Report may be taken at the discretion of any supervisor. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Collision Reporting - 298 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Collision Reporting 501.3.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances: (a) When there is a death or injury to any persons involved in the collision. (b) When there is an identifiable violation of the Revised Code of Washington. (c) Property damage exceeding the dollar amount currently established by WSP. (d) When a report is requested by any involved driver. In all cases where a traffic collision report is required by policy, the current state authorized form will to used to document the collision (RCW 46.52.070). 501.4 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION In the event of a serious injury or death related traffic collision, the Shift Sergeant shall notify the Command Duty Officer (CDO) and the Traffic Sergeant to relate the circumstances of the traffic collision and seek assistance from the Traffic Unit. In the absence of a Traffic Sergeant, the CDO may assign an accident investigator to investigate the traffic collision. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Collision Reporting - 299 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Towing Policy 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Tukwila Police Department. 502.2 RESPONSIBILITIES The responsibilities of those employees storing or impounding a vehicle are as follows. 502.2.1 REMOVAL OF VEHICLE DISABLED IN A TRAFFIC COLLISION When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in ValleyCom. If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the from the rotational list of towing companies in ValleyCom. The officer will then store the vehicle using the Uniform Washington State Tow/Impound and Inventory Record. 502.2.2 DRIVING A NON -CITY VEHICLE Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant, or to comply with posted signs. 502.2.3 SUPPORT OPERATIONS RESPONSIBILITIES Whenever a stolen vehicle is impounded by the Tukwila Police Department, the officer who recovers the stolen vehicle should make every attempt to contact the legal owner. Support Operations personnel will confirm that the legal owner of the recovery has been contacted. (RCW 7.69.030(7)). 502.3 TOWING SERVICES The City of Tukwila periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations. Nothing in this policy shall require the Department to tow a vehicle. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Towing Policy - 300 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Towing Policy 502.4 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping for the arrestee's vehicle. The vehicle shall be stored whenever it is mandated by law, needed for the furtherance of an investigation or prosecution of the case, or when the Community Caretaker Doctrine would reasonably suggest it. For example, the vehicle would present a traffic hazard if not removed, or due to a high crime area the vehicle would be in jeopardy of theft or damage if left at the scene. No impound should occur if other alternatives are available that would ensure the vehicle's protection. Factors that should be considered by officers in determining whether to impound a vehicle pursuant to this policy include: (a) Whether the offense for which the subject was arrested mandates vehicle impound (e.g., commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor (RCW 9A.88.140(2)). (b) Whether someone is available at the scene of the arrest to whom the vehicle could be released. (c) Whether the vehicle is impeding the flow of traffic or is a danger to public safety. (d) Whether the vehicle can be secured. (e) Whether the detention of the arrestee will likely be of such duration as to require protection of the vehicle. (f) Whether there is some reasonable connection between the crime/arrest and the vehicle, or the vehicle is related to the commission of another crime (i.e., the vehicle itself has evidentiary value). (g) Whether the owner/operator requests that the vehicle be stored. (h) Whether the vehicle would be in jeopardy of theft or damage if left at the scene in a high -crime area. In cases where a vehicle is not stored, the handling employee shall note in the report that the owner was informed that the Department will not be responsible for theft or damages to the vehicle. 502.5 VEHICLE INVENTORY All property apparently worth over $100 in an impounded vehicle shall be inventoried and listed in the report. A locked vehicle trunk shall not be opened, even if it may be opened without a key from an accessible area of the passenger compartment. Locked or closed containers located within the passenger compartment should be inventoried as a sealed unit, absent exigent circumstances. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Towing Policy - 301 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Towing Policy 502.6 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g. cash, jewelry, cell phone, prescriptions) which are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, search personnel shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Towing Policy - 302 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Impaired Driving 503.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI). 503.2 POLICY The Tukwila Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of Washington's impaired driving laws. 503.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. 503.4 FIELD TESTS Officers should use standardized field sobriety tests in accordance with NHTSA standards. 503.5 CHEMICAL TESTS A person implies consent under Washington law to a chemical test or tests of the person's breath and to providing the associated chemical sample under any of the following (RCW 46.20.308): (a) The arresting officer has reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug. (b) The arresting officer has reasonable grounds to believe a person under the age of 21 was driving or in actual physical control of a motor vehicle while having a blood alcohol concentration of at least 0.02 (RCW 46.61.503). (c) The officer has stopped a person operating a commercial motor vehicle license (CDL) and has reasonable grounds to believe that the person was driving while having alcohol in the person's system (RCW 46.25.120). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 503.5.1 BREATH TESTS The Traffic Sergeant should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested and that a record of such service and testing is properly maintained. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Impaired Driving - 303 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Impaired Driving Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Traffic Sergeant, and WSP if it is the BAC machine. 503.5.2 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples (RCW 46.61.506). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be drawn and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test. A blood sample may be obtained only with the consent of the individual or as otherwise provided in this policy (RCW 46.20.308; RCW 46.25.120). 503.5.3 STATUTORY NOTIFICATIONS An officer requesting that a person submit to a chemical test shall provide the person, prior to administering the test, with the mandatory warnings pursuant to RCW 46.20.308(2) or if driving a commercial vehicle the warnings pursuant to RCW 46.25.120(3). 503.6 REFUSALS When an arrestee refuses to provide a chemical sample, officers shall: (a) Advise the arrestee of the requirement to provide a sample. (b) Audio- and/or video -record the admonishment and the response when it is practicable. (c) Document the refusal in the appropriate report. 503.6.1 STATUTORY NOTIFICATIONS Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of intent to suspend, revoke or deny the person's license, permit or privilege to drive upon the person and mark any state -issued license to operate a motor vehicle that is held by that person in a manner authorized by the Department of Licensing (DOL) (RCW 46.20.308). 503.6.2 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who has been arrested and does not consent to a blood test when any of the following conditions exist (RCW 46.20.308; RCW 46.25.120): Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Impaired Driving - 304 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Impaired Driving (a) A search warrant has been obtained. (b) The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person's bloodstream. Exigency can be established by the existence of special facts, such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. 503.6.3 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a) Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. (b) Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c) Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance. This dialogue should be recorded on audio and/or video when practicable. (d) Ensure that the blood sample is taken in a medically approved manner. (e) Ensure the forced blood draw is recorded on audio and/or video when practicable. (f) Monitor and ensure that the type and level of force applied appears reasonable under the circumstances. 1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (g) Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. 503.7 ARREST AND INVESTIGATION Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Impaired Driving - 305 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Impaired Driving 503.7.1 WARRANTLESS ARREST An officer having probable cause to believe that a person is DUI may make a warrantless arrest of the person whether or not the officer observed the violation first hand (RCW 10.31.100). Arrests supported by probable cause for DUI are mandatory if the person has been convicted of DUI in the past 10 years or if the officer has knowledge based on the information available to him/ her that the person is charged with, or is waiting arraignment for, an offense that would qualify as a prior offense as defined by RCW 46.61.5055 if it were a conviction (RCW 10.31.100). 503.7.2 OFFICER RESPONSIBILITIES If a person refuses to submit to a chemical test, or the results from the test render a prohibited alcohol or THC concentration in the person's breath or blood, the officer shall (RCW 46.20.308(5)): (a) Serve the notice of intention to suspend, revoke, or deny the person's license or permit to drive. (b) Provide the person with a written notice of his/her right to a hearing before the Department of Licensing (DOL). (c) Advise the person that his/her license or permit is a temporary license. (d) Immediately notify the DOL of the arrest and within 72 hours transmit to the DOL a sworn report that states: 1. The officer had reasonable grounds to believe the person was DUI. 2. After having received the required statutory warnings, the person either refused to submit to a test of his/her blood or breath or submitted to a test that rendered a prohibited alcohol or THC concentration of the person's breath or blood. (e) Submit a sworn report to the DOL when the person has a CDL and either refused or had a test administered that disclosed a prohibited amount of alcohol or any amount of THC concentration (RCW 46.25.120(5)). When a person is arrested for a violation of RCW 46.61.502 (DUI) or RCW 46.61.504 (Physical control of vehicle while DUI), the officer shall make a clear notation on the report if there is a child under the age of 16 present in the vehicle and promptly notify child protective services as required in the Child Abuse Policy (RCW 46.61.507). 503.7.3 TYPE OF CHEMICAL TESTING Generally, chemical tests to determine alcohol concentration shall be of the breath only (RCW 46.20.308(3)). Blood tests may be administered (RCW 46.20.308): (a) When the person is incapable of providing a breath sample due to physical injury, physical incapacity or other physical limitation. (b) When the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance or other similar facility. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Impaired Driving - 306 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Impaired Driving (c) When the officer has reasonable grounds to believe that the person is under the influence of a drug. (d) When otherwise provided for in this policy. 503.7.4 ADDITIONAL TESTING A person submitting to a chemical test pursuant to this policy may have a qualified person of his/ her own choosing administer one or more tests in addition to any administered at the direction of an officer (RCW 46.20.308(2); RCW 46.61.506). 503.8 TRAINING The Training Officer should ensure that officers participating in the enforcement of DUI laws attend BAC certification as required by the CJTC. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Impaired Driving - 307 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Traffic Citations 504.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 504.2 RESPONSIBILITIES Special Services shall be responsible for the supply and accounting of all paper traffic citations issued to employees of this department. 504.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate supervisor of the circumstances surrounding the dismissal. 504.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to Special Services with a written explanation as to why the citation was voided. 504.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a letter requesting a specific correction to Special Services. The citation and letter shall then be forwarded to the city prosecutor. 504.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this department shall be forwarded to Support Operations. Upon separation from employment with this department, all employees issued traffic citations books shall return any unused citations to Support Operations. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Traffic Citations - 308 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disabled Vehicles 505.1 PURPOSE AND SCOPE This department has adopted the following policy on assisting motorists in disabled vehicles within this jurisdiction. 505.2 OFFICER RESPONSIBILITY When an on -duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 505.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. Officers should not attempt to open a vehicle in which the keys have been locked, unless the need to enter outweighs the chance that the vehicle will be damaged. If a vehicle must be immediately entered due to danger to an occupant, the officer may use reasonable means to enter the car or call the fire department for assistance. 505.3.1 MECHANICAL REPAIRS Department personnel should not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. An officer should have a Hold Harmless form signed by the vehicle owner prior to using a police vehicle to push another vehicle. Only police vehicles with push bars should be used to push another vehicle. 505.3.2 RELOCATION OF MOTORIST The relocation of a motorist with a disabled vehicle should only occur with the person's consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/her to a safe area to await pickup. 505.3.3 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disabled Vehicles - 309 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Disabled Vehicles 505.4 POLICY It is the policy of the Tukwila Police Department to assist motorists with disabled vehicles until those vehicles are safely removed from the roadway. Members should take appropriate action to mitigate potential problems when a vehicle constitutes a traffic hazard or the safety of the motorist is a concern. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Disabled vehicles - 310 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Unauthorized 72 Hour Vehicle Violations 506.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and impound of unauthorized vehicles parked in violation of 72 hour time limitations. 506.2 MARKING VEHICLES Vehicles suspected of being subject to removal from a roadway after being left unattended for 72 hours shall be marked and noted on the Tukwila Police Department Vehicle Impound Warning (TMC 9.20.050). No case number is required at this time (RCW 46.55.010(14)). A Vehicle Impound Warning shall be applied in a visible location and a visible mark should be placed on the left rear tire tread at the fender level unless missing tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on the Vehicle Impound Warning. All Vehicle Impound Warnings shall be submitted toSupport Operations for filing. If a marked vehicle has been moved or the markings have been removed during a 72-hour investigation period, the vehicle shall be re -marked for another 72-hour period and a Vehicle Impound Warning completed and forwarded to Support Operations. 506.2.1 MARKED VEHICLE FILE Support Operations shall be responsible for maintaining a file for all Vehicle Impound Warnings. Officers shall be responsible for the follow up investigation of all 72-hour unauthorized vehicle violations noted on the Vehicle Impound Warnings. If a marked vehicle has current Washington registration plates, Officers shall check the records to learn the identity of the last owner of record. Officers shall make a reasonable effort to contact the owner by telephone and provide notice that if the vehicle is not removed within 72 hours from the time the Vehicle Impound Warning was attached, the vehicle may be impounded and stored at the owner's expense (RCW 46.55.085(2) (TMC 9.20.120)). 506.2.2 VEHICLE IMPOUND An officer may impound any vehicle not removed 72 hours after marking (RCW 46.55.085(3) (TMC 9.20.120)). The officer authorizing the impound of the vehicle shall complete an impound form. The completed form shall be submitted to the Support Operations immediately following the storage of the vehicle (RCW 46.55.075). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Unauthorized 72 Hour Vehicle Violations - 311 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 6 - Investigation Operations Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Investigation operations - 312 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Investigation and Prosecution 600.1 PURPOSE AND SCOPE When assigned to a case for initial or follow-up investigation, detectives shall proceed with due diligence in evaluating and preparing the case for appropriate clearance or presentation to a prosecutor for filing of criminal charges. 600.2 MODIFICATION OF CHARGES FILED Employees should speak to their supervisor prior to recommending to the County Prosecutor, City Attorney, or to any other official of the court that charges on a pending case be altered or the case dismissed. 600.3 CONSTITUTIONAL MATTERS All employees of the Tukwila Police Department shall follow all United States and Washington State Constitutional requirements pertaining to custodial situations; including, but not limited to, search and seizure, access to counsel and interview and interrogation. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Any custodial interrogation of a person who is suspected of having committed any violent felony offense should be electronically recorded (audio/video or both as available) in its entirety as otherwise allowed by law. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of an interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Major Crimes Unit supervisor. Copies of recorded interrogations or interviews may be made in the same or different format provided they are true, accurate and complete copies and are made only for authorized and legitimate law enforcement purposes. Officers should continue to prepare written summaries of custodial questioning and investigative interviews and continue to obtain written statements from suspects when applicable. 600.5 ARRESTS BY PRIVATE PERSONS Private persons may make a common law arrest for crimes constituting a breach of the peace or may detain a person under the authority of RCW 9A.16.020 (felonies, retail theft, etc.) Any officer presented with a private person wishing to make an arrest must determine whether there is probable cause to believe that such an arrest would be lawful. (a) Should any officer determine that there is no probable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Investigation and Prosecution - 313 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Investigation and Prosecution the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety. 1. Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual. The officer must include the basis of such a determination in a related report. 2. Absent probable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report. (b) Whenever an officer determines that there is probable cause to believe that a private person's arrest is lawful, the officer shall take a written statement from the person who has made the arrest. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Investigation and Prosecution - 314 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture 601.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 601.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Tukwila Police Department seizes property for forfeiture or when the Tukwila Police Department is acting as the fiscal agent pursuant to a multi -agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. Property subject to forfeiture - Generally includes, but is not limited to: (a) Firearms that were carried, possessed or sold illegally (RCW 9.41.098). (b) Devices, profits, proceeds, associated equipment and conveyances related to illegal gambling (RCW 9.46.231). (c) Interests, proceeds, etc. related to organized crime (RCW 9A.82.060), criminal profiteering (RCW 9A.82.080), human trafficking (RCW 9A.40.100), commercial sexual abuse of a minor (RCW 9.68A.100) or promoting prostitution (RCW 9A.88.070) (RCW 9A.82.100). (d) Proceeds traceable to or derived from money laundering (RCW 9A.83.020; RCW 9A.83.030). (e) Property acquired or maintained in relation to commercial sexual abuse of a minor (RCW 9.68A.100), promoting commercial sexual abuse of a minor (RCW 9.68A.101) or promoting prostitution in the first degree (RCW 9A.88.070), and conveyances used to facilitate these offenses (RCW 9A.88.150). (f) Personal property, money, a vehicle, etc. that was used to commit a felony or was acquired through the commission of a felony not covered under another forfeiture statute (RCW 10.105.010). (g) Personal property, money, a vehicle, etc. that was acquired through the commission of a crime involving theft, trafficking or unlawful possession of commercial metal property, or facilitating such crimes (RCW 19.290.230). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 315 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture (h) Conveyances, including aircraft, vehicles or vessels, used for the violation of the Uniform Controlled Substances Act and proceeds from these violations (money, real property, etc.) (RCW 69.50.505). (i) Boats, vehicles, gear, etc. used for poaching/wildlife crimes (RCW 77.15.070). Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 601.2 POLICY The Tukwila Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person's due process rights. It is the policy of the Tukwila Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. 601.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 601.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer: (a) Real or personal property subject to forfeiture identified in a court order authorizing seizure. (b) Property subject to forfeiture without a court order when the property is lawfully seized incident to an arrest, the service of a search warrant or the service of an administrative inspection warrant. (c) Property subject to forfeiture can also be seized without a court order when: 1. There is probable cause to believe that the property was used or is intended to be used for illegal gambling (RCW 9.46.231). 2. There is probable cause to believe that the property was used or is intended to be used for the commercial sexual abuse of a minor (RCW 9.68A.100; RCW 9. 68A.101) or promoting prostitution in the first degree (RCW 9A.88.070) (RCW 9A.88.150). 3. There is probable cause to believe that the property was used or is intended to be used in the commission of any felony (RCW 10.105.010). See also separate statutes regarding seizures for felonies involving commercial metal, Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 316 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture "bootlegging," criminal profiteering or money laundering (RCW 19.290.230; RCW 66.32.020; RCW 9A.82.100; RCW 9A.83.030). 4. There is probable cause to believe that the property was used or is intended to be used in violation of the Uniform Controlled Substances Act (RCW 69.50.505). 5. There is probable cause to believe that the property was used or is intended to be used for poaching/wildlife crimes (RCW 77.15.070). A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. Whenever practicable, a court order for seizure prior to making a seizure is the preferred method. 601.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a) Cash and property that does not meet the forfeiture counsel's current minimum forfeiture thresholds should not be seized. (b) Property from an "innocent owner," or a person who had no knowledge of the offense or who did not consent to the property's use. (c) No vehicle or other conveyance based on a misdemeanor involving marijuana (RCW 69.50.505). (d) Vehicles/conveyances that would be subject to forfeiture if more than 10 days have elapsed since the owner's arrest and no court order has been issued (RCW 9.46.231; RCW 9A.88.150; RCW 69.50.505). 601.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: (a) Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. (b) Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. (c) Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The officer will book seized property as evidence with the notation in the comment section of the property form, "Seized Subject to Forfeiture." Property seized subject to forfeiture should be Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 317 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture booked on a separate property form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real estate, bank accounts, non -tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 601.5 MAINTAINING SEIZED PROPERTY The Property and Evidence Section Supervisor is responsible for ensuring compliance with the following: (a) All property received forforfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b) All property received for forfeiture is checked to determine if the property has been stolen. (c) All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d) Property received for forfeiture is not used unless the forfeiture action has been completed. 601.6 FORFEITURE REVIEWER The Chief of Police will appoint a forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a course approved by the Department on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a) Remaining familiar with forfeiture laws, particularly those cited in this policy and the forfeiture policies of the forfeiture counsel. (b) Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures. (c) Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d) Reviewing each seizure -related case and deciding whether the seizure is more appropriately made under state or federal seizure laws. The forfeiture reviewer should contact federal authorities when appropriate. (e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 318 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture (f) Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: 1. Names and contact information for all relevant persons and law enforcement officers involved. 2. Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). 3. A space for the signature of the person from whom cash or property is being seized. 4. A tear -off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (9) Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Special Orders. The training should cover this policy and address any relevant statutory changes and court decisions. (h) Reviewing each asset forfeiture case to ensure that: 1. Written documentation of the seizure and the items seized is in the case file. 2. Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3. Notice of seizure has been given in a timely manner to those who hold an interest in the seized property. (a) Generally, 15 days' notice. (Gambling RCW 9.46.231; Money laundering RCW 9A.83.030; Child prostitution RCW 9A.88.150; Felonies RCW 10.105.010; Commercial metal RCW 19.290.230; Controlled substances RCW 69.50.505; Fish and wildlife enforcement RCW 77.15.070). (b) Generally, 10 days' notice for conveyances. (Gambling RCW 9.46.231; Child prostitution RCW 9A.88.150; Controlled substances RCW 69.50.505). 4. Property is promptly released to those entitled to its return. 5. All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 319 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Asset Forfeiture 6. Any cash received is deposited with the fiscal agent. 7. Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8. Current minimum forfeiture thresholds are communicated appropriately to officers. 9. This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. (i) Ensuring that a written plan is available that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. Q) Ensuring that the process of selling or adding forfeited property to the department's regular inventory is in accordance with all applicable laws and consistent with the department's use and disposition of similar property. (k) Upon completion of any forfeiture process, ensuring that no property is retained by the Tukwila Police Department unless the Chief of Police authorizes in writing the retention of the property for official use. (I) Addressing any landlord claims for reimbursement through forfeited assets or damage to property (RCW 9.46.231; RCW 69.50.505). (m) Compensating victims of commercial metal crimes within 120 days (RCW 19.290.230). Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives. 601.7 DISPOSITION OF PROPERTY No member of this department may use property that has been seized for forfeiture until the forfeiture action has been completed and the Chief of Police has given written authorization to retain the property for official use. No department member involved in the decision to seize property should be involved in any decision regarding the disposition of the property. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Asset Forfeiture - 320 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Confidential Informants 602.1 PURPOSE AND SCOPE In many instances, a successful investigation cannot be conducted without the use of confidential informants. To protect the integrity of the Tukwila Police Department and the officers using informants, it shall be the policy of this department to take appropriate precautions by developing sound informant policies. 602.2 INFORMANT FILE SYSTEM The TAC Team Supervisor or his/her designee shall be responsible for maintaining informant files. A separate file shall be maintained on each confidential informant. 602.2.1 FILE SYSTEM PROCEDURE Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file and include the following information: (a) Informant's name and/or aliases. (b) Date of birth. (c) Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features. (d) Current home address and telephone numbers. (e) Current employer(s), position, address(es) and telephone numbers. (f) Vehicles owned and registration information. (g) Places frequented. (h) Informant's photograph. (i) Briefs of information provided by the informant and his/her subsequent reliability. If an informant is determined to be unreliable, the informant's file is marked as "Unreliable". Q) Name of officer initiating use of the informant. (k) Signed informant agreement. (1) Update on active or inactive status of informant. The informant files shall be maintained in a secure area within the TAC Team. These files shall be used to provide a source of background information about the informant, enable review and evaluation of information given by the informant, and minimize incidents that could be used to question the integrity of detectives or the reliability of the confidential informant. Access to the informant files shall be restricted to the Chief of Police, the Division Commander, the TAC Team Supervisor, or their designees. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Confidential Informants - 321 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Confidential Informants 602.3 USE OF INFORMANTS Before using an individual as a confidential informant, an officer must receive approval from the TAC Team Supervisor. The officer shall compile sufficient information through a background investigation in order to determine the reliability, credibility and suitability, of the individual, including age, maturity and risk of physical harm. 602.3.1 JUVENILE INFORMANTS The use of juvenile informants under the age of 13-years is prohibited. The use of juvenile informants between the ages of 13 and 18 shall be approved through the Chief's office. For purposes of this policy, a juvenile informant means any juvenile who participates, on behalf of this department, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the juvenile's participation in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the juvenile. 602.4 GUIDELINES FOR HANDLING CONFIDENTIAL INFORMANTS All confidential informants are required to sign and abide by the provisions of the departmental Informant Agreement. The officer using the confidential informant shall discuss each of the provisions of the agreement with the confidential informant. Details of the agreement are to be approved in writing by the unit supervisor before being finalized with the confidential informant. All confidential informants will be searched before and after any operation. Confidential informants must be free of contraband before being allowed to participate in any operation. 602.4.1 RELATIONSHIPS WITH CONFIDENTIAL INFORMANTS No member of the Tukwila Police Department shall knowingly maintain a social relationship with a confidential informant while off duty, or otherwise become intimately involved with a confidential informant. Members of the Tukwila Police Department shall neither solicit nor accept gratuities nor engage in any private business transaction with a confidential informant. To maintain officer/informant integrity, the following must be adhered to: (a) Officers shall not withhold the identity of an informant from their superiors. (b) Identities of informants shall otherwise be kept confidential. (c) Criminal activity by informants shall not be condoned. (d) Informants shall be told they are not acting as police officers, employees or agents of the Tukwila Police Department, and that they shall not represent themselves as such. (e) The relationship between officers and informants shall always be ethical and professional. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Confidential Informants - 322 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Confidential Informants (f) Social contact shall be avoided unless necessary to conduct an official investigation, and only with prior approval of the TAC Team supervisor. (g) Officers should not meet with informants of the in a private place unless accompanied by at least one additional officer or with prior approval of the TAC Team Supervisor. Officers may meet informants alone in an occupied public place such as a restaurant. When contacting informants for the purpose of making payments officers should arrange for the presence of another officer. (h) In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. 602.5 NARCOTICS INFORMANT PAYMENT PROCEDURES The potential payment of large sums of money to any confidential informant must be done in a manner respecting public opinion and scrutiny. Additionally, to maintain a good accounting of such funds requires a strict procedure for disbursements. 602.5.1 PAYMENT PROCEDURE The amount of funds to be paid to any confidential informant will be evaluated against the following criteria: • The extent of the informant's personal involvement in the case. • The significance, value or effect on crime. • The amount of assets seized. • The quantity of the drugs seized. • The informant's previous criminal activity. • The level of risk taken by the informant. The TAC Team Supervisor will discuss the above factors with the Investigative Services Commander and arrive at a recommended level of payment that will be subject to the approval of the Chief of Police. The amount of payment will be based on a percentage of the current market price for the drugs or other contraband being sought, not to exceed 15-percent. 602.5.2 CASH DISBURSEMENT POLICY An informant should not be told in advance or given an exact amount or percentage for services rendered. An approximate amount may be discussed. 602.5.3 PAYMENT PROCESS Informants will not be paid more than $500 in a single transaction, or more than $1000 in a year without the prior approval of the Division Commander. To complete the transaction with the confidential informant the case agent shall have the confidential informant initial the voucher form. The confidential informant will sign the form indicating the amount received, the date, and that the confidential informant is receiving funds Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Confidential Informants - 323 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Confidential Informants in payment for information voluntarily rendered in the case. If applicable, the Tukwila Police Department case number shall be recorded on the voucher form. The TAC Team Supervisor is required to sign the voucher. A copy of the voucher will be kept in the expenditure report file. Each confidential informant receiving a cash payment shall be informed of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. 602.5.4 REPORTING OF PAYMENTS Each confidential informant receiving a cash payment shall be informed of his/her responsibility to report the cash to the IRS as income. If funds distributed exceed $600 in any reporting year, the confidential informant should be provided IRS Form 1099 (26 CFR § 1.6041-1). If such documentation or reporting may reveal the identity of the confidential informant and by doing so jeopardize any investigation, the safety of peace officers or the safety of the confidential informant (26 CFR § 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the confidential informant shall be provided a letter identifying the amount he/ she must report on a tax return as "other income" and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the confidential informant's file. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Confidential Informants - 324 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Eyewitness Identification 603.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques. 603.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 603.2 POLICY The Tukwila Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 603.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 603.4 EYEWITNESS IDENTIFICATION FORM The Major Crimes Unit supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. 603.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Eyewitness Identification - 325 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Eyewitness Identification • The individual was apprehended near the crime scene. • The evidence points to the individual as the suspect. • Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded and the recording should be retained according to current evidence procedures. 603.6 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification should be documented in the case report. If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. 603.7 PHOTOGRAPHIC AND LIVE LINEUP CONSIDERATIONS When practicable, the member presenting the lineup should not be involved in the investigation of the case or know the identity of the suspect. In no case should the member presenting a lineup to a witness know which photograph or person in the lineup is being viewed by the witness. Techniques to achieve this include randomly numbering photographs, shuffling folders or using a computer program to order the persons in the lineup. Individuals in the lineup should reasonably match the description of the perpetrator provided by the witness and should bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup. The member presenting the lineup to a witness should do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. 603.8 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show -ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination show -up or one-on-one identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Eyewitness Identification - 326 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Eyewitness Identification When initiating a field identification, the member should observe the following guidelines: (a) Obtain a complete description of the suspect from the witness. (b) Assess whether a witness should be included in a field identification process by considering: 1. The length of time the witness observed the suspect. 2. The distance between the witness and the suspect. 3. Whether the witness could view the suspect's face. 4. The quality of the lighting when the suspect was observed by the witness. 5. Whether there were distracting noises or activity during the observation. 6. Any other circumstances affecting the witness's opportunity to observe the suspect. 7. The length of time that has elapsed since the witness observed the suspect. (c) If safe and practicable, the person who is the subject of the show -up should not be handcuffed or in a patrol vehicle. (d) When feasible, members should bring the witness to the location of the subject of the show -up, rather than bring the subject of the show -up to the witness. (e) The person who is the subject of the show -up should not be shown to the same witness more than once. (f) In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show -up one at a time. (g) The person who is the subject of the show -up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h) If a witness positively identifies a subject of the show -up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow up, if necessary. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Eyewitness Identification - 327 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Brady Material Disclosure 604.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called "Brady information") to a prosecuting attorney. 604.1.1 DEFINITIONS Definitions related to this policy include: Brady information - Information known or possessed by the Tukwila Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. 604.2 POLICY The Tukwila Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Tukwila Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 604.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office. If information is believed to be privileged or confidential (e.g., confidential informant or protected personnel files); the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Department case file. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Brady Material Disclosure - 328 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Brady Material Disclosure 604.4 DISCLOSURE OF PERSONNEL INFORMATION If a member of this department is a material witness in a criminal case, a person or persons designated by the Chief of Police shall examine the personnel file and/or internal affairs file of the officer to determine whether they contain Brady information. If Brady information is located, the following procedure shall apply: (a) In the event that a motion has not already been filed by the criminal defendant or other party, the prosecuting attorney and department member shall be notified of the potential presence of Brady material in the member's personnel file. (b) If the court determines that there is relevant Brady material contained in the files, only that material ordered released will be copied and released to the parties filing the motion. 1. Prior to the release of any materials pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such materials to the involved case and requiring the return of all copies upon completion of the case. (c) If a court has determined that relevant Brady information is contained in the member's file in any case, the prosecutor should be notified of that fact in all future cases involving that member. The person or persons designated by the Chief of Police should periodically examine the personnel files and/or internal affairs files of all officers who may be material witnesses in criminal cases to determine whether they contain Brady information. The obligation to provide Brady information is ongoing. If any new Brady information is identified, the prosecuting attorney should be notified. 604.5 TRAINING Department personnel should receive periodic training on the requirements of this policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Brady Material Disclosure - 329 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Investigative Case File Management 605.1 PURPOSE AND SCOPE The purpose of this policy is to establish procedures for the effective tracking of case files within the Investigative Services Division (ISD); specifically the Major Crimes Unit (MCU) the Tukwila Anti -Crime Team (TAC Team) and the Traffic Unit. 605.1.1 PROCEDURE (a) The department's records management system (RMS) will be used to track all cases. 1. When an ISD supervisor assigns a case, the following information should be entered into RMS: (a) priority (b) type of investigation (c) detective assigned (d) assignment date 2. The assigning supervisor shall review RMS as needed to ensure cases are progressing. 3. When a case is completed it will be returned to the unit supervisor who shall enter a disposition into RMS. (b) Access to working case files will be on a need to know basis, with permission obtained from the assigned detective, the unit supervisor or commander. (c) Upon completion/conclusion of the investigation, the detective reports and case materials will be forwarded to the Records Section for inclusion into the original case file. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Investigative Case File Management - 330 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Intelligence Files 606.1 POLICY Per 28 CFR Part 23, no member of the Tukwila Police Department shall maintain intelligence records without a criminal nexus. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Intelligence Files - 331 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Surveillance, Undercover, Decoy and Raid Operations 607.1 PURPOSE AND SCOPE This policy establishes guidelines for conducting surveillance, decoy and undercover operations. 607.2 OPERATIONS ORDER All operations shall be planned using the NIMS Operation Order format. The written plan will be submitted to a supervisor for approval prior to implementation. The following topics should be considered while planning the operation: (a) Safety (b) Objectives (c) Targets (d) Staffing (e) Back up (f) Arrest Teams (g) Locations and routes (h) Equipment (i) Communications and signals Q) Contingency plans Operations Briefing: Prior to conducting planned surveillance operations, a detailed briefing for all involved personnel will be conducted. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Surveillance, Undercover, Decoy and Raid Published with permission by Tukwila Police Department Operations - 332 Tukwila Police Department Tukwila PD Policy Manual Sexual Assault Investigations 608.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. 608.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to, offenses defined in RCW 9A.44.010 et seq. and RCW 9A.64.020. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 608.2 POLICY It is the policy of the Tukwila Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 608.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a) Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b) Conduct follow-up interviews and investigation. (c) Present appropriate cases of alleged sexual assault to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e) Provide referrals to therapy services, victim advocates and support for the victim. (f) Participate in or coordinate with the SART or other multidisciplinary investigative teams as applicable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sexual Assault Investigations - 333 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sexual Assault Investigations 608.4 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to ValleyCom, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of the SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinion of whether the case is unfounded should be included in a report. Victims should be apprised of applicable victim's rights provisions, as outlined in the Victim Witness Assistance Policy. 608.4.1 POLYGRAPH EXAMINATION OF VICTIM Victims of alleged sex offenses shall not be asked or required to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense. The refusal of a victim to submit to a polygraph or other truth telling device shall not by itself prevent the investigation, charging or prosecution of the offense (RCW 10.58.038; 34 USC § 10451). 608.4.2 VICTIM CONFIDENTIALITY A victim who seeks to have his/her address remain confidential should be referred to the Office of the Secretary of State to submit an application to participate in the address confidentiality program (RCW 40.24.030). Information identifying a child victim under the age of 18 is confidential and not subject to release to the press or public without the permission of the child or the child's legal guardian unless allowed by law and as provided in RCW 10.97.130. Identifying information includes the child's name, address, location, photographs and the relationship of the child victim in cases where the alleged perpetrator is a relative or stepparent (RCW 10.97.130). 608.4.3 VICTIM PERSONAL REPRESENTATIVE A victim may choose a personal representative to accompany him/her to the hospital or other health care facility and to any proceeding concerning the alleged sexual assault, including interviews. A personal representative includes a friend, relative, attorney, employee or volunteer from a community sexual assault program or specialized treatment service provider (RCW 70.125.030; RCW 70.125.060). 608.5 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sexual Assault Investigations - 334 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sexual Assault Investigations information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Major Crimes Unit supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 608.6 TRAINING Subject to available resources, periodic training should be provided to: (a) Members who are first responders. Training should include: 1. Initial response to sexual assaults. 2. Legal issues. 3. Victim advocacy. 4. Victim's response to trauma. (b) Qualified investigators, who should receive advanced training on additional topics. Advanced training should include: 1. Interviewing sexual assault victims. 2. SART. 3. Medical and legal aspects of sexual assault investigations. 4. Serial crimes investigations. 5. Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP). 6. Techniques for communicating with victims to minimize trauma. 7. The course provided by the Washington State Criminal Justice Training Commission on investigating and prosecuting sexual assault cases developed pursuant to RCW 43.101.270. 8. Proper protocol for the use of the statewide sexual assault kit tracking system (RCW 35.21.195; RCW 36.28.200). 608.7 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 608.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim. When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sexual Assault Investigations - 335 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sexual Assault Investigations If a drug -facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable. Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing. Victims who choose not to assist with an investigation, do not desire that the matter be investigated or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately. 608.8.1 COLLECTION AND TESTING REQUIREMENTS Sexual assault examination kits shall be submitted to an approved lab within 30 days with a request for testing prioritization when either of the following conditions are met (RCW 70.125.090): (a) A related report or complaint is received by the Department alleging a sexual assault or other crime has occurred and the victim has consented to the submission. (b) The victim is an unemancipated person 17 years or age or younger. Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy. 608.8.2 STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM Members investigating a sexual assault should ensure that that biological evidence is tracked appropriately in the statewide sexual assault kit tracking system (RCW 35.21.195; RCW 36.28.200). 608.8.3 DNA TEST RESULTS Members investigating sexual assault cases should notify victims of any DNA test results as soon as reasonably practicable. A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim Witness Assistance Policy. Members investigating sexual assaults cases should ensure that DNA results are entered into databases when appropriate and as soon as practicable. 608.9 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Major Crimes Unit supervisor. Classification of a sexual assault case as unfounded requires the Major Crimes Unit supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sexual Assault Investigations - 336 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sexual Assault Investigations statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. 608.10 CASE REVIEW The Major Crimes Unit supervisor should ensure cases are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of: Case dispositions. Decisions to collect biological evidence. Submissions of biological evidence for lab testing. The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sexual Assault Investigations - 337 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Operations Planning and Deconfliction 609.1 PURPOSE AND SCOPE This policy provides guidelines for planning, deconfliction and execution of high -risk operations. Additional guidance on planning and serving high -risk warrants is provided in the Warrant Service Policy. 609.1.1 DEFINITIONS Definitions related to this policy include: High -risk operations - Operations, including service of search and arrest warrants and sting operations, that are likely to present higher risks than are commonly faced by officers on a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation with multiple persons, or reason to suspect that persons anticipate the operation. 609.2 POLICY It is the policy of the Tukwila Police Department to properly plan and carry out high -risk operations, including participation in a regional deconfliction system, in order to provide coordination, enhance the safety of members and the public, decrease the risk of compromising investigations and prevent duplicating efforts. 609.3 OPERATIONS DIRECTOR The Chief of Police has designated the Major Crimes Unit Division Commander as the Operations Director. The Operations Director will develop and maintain a risk assessment form to assess, plan and coordinate operations. This form should provide a process to identify high -risk operations. The Operations Director will review risk assessment forms with involved supervisors to determine whether a particular incident qualifies as a high -risk operation. The Operations Director will also have the responsibility to ensure that operations that are categorized as high risk are properly coordinated. 609.4 RISK ASSESSMENT 609.4.1 RISK ASSESSMENT FORM PREPARATION Officers assigned as operational leads for any operation shall complete a risk assessment form to determine if the operation qualifies as high risk. When preparing the form, the officer should query all relevant and reasonably available intelligence resources for information about the subject of investigation, others who may be present and the involved location. These sources may include regional intelligence and criminal justice databases, target deconfliction systems, firearm records, commercial databases and property records. Where appropriate, the officer should also submit information to these resources. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Operations Planning and Deconfliction - 338 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Operations Planning and Deconfliction The officer should gather available information that includes, but is not limited to: (a) Photographs, including aerial photographs, if available, of the involved location, neighboring yards and obstacles. (b) Maps of the location. (c) Diagrams of any property and the interior of any buildings that are involved. (d) Historical information about the subject of investigation (e.g., history of weapon possession or use, known mental illness, known drug use, threats against police, gang affiliation, criminal history). (e) Historical information about others who may be present at the location (e.g., other criminals, innocent third parties, dependent adults, children, animals). (f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced doors/windows, surveillance measures, number and type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations). (g) Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service). (h) Other available options that may minimize the risk to officers and others (e.g., making an off -site arrest or detention of the subject of investigation). 609.4.2 RISK ASSESSMENT REVIEW Officers will present the risk assessment form and other relevant documents (such as copies of search warrants and affidavits and arrest warrants) to their supervisor and the Operations Director. The supervisor and Operations Director shall confer and determine the level of risk. Supervisors should take reasonable actions if there is a change in circumstances that elevates the risks associated with the operation. 609.4.3 HIGH -RISK OPERATIONS If the Operations Director, after consultation with the involved supervisor, determines that the operation is high risk, the Operations Director should: (a) Consult with the appropriate tactical commander and/or contact or place on standby any of the following appropriate and available resources: (a) Hostage Negotiator Team (HNT) (b) Additional personnel (c) Outside agency assistance (d) Special equipment (e) Medical personnel Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Operations Planning and Deconfliction - 339 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Operations Planning and Deconfliction (f) Persons trained in negotiation (g) Additional surveillance (h) Canines (i) Property and Evidence Section or analytical personnel to assist with cataloguing seizures 0) Forensic specialists (k) Specialized mapping for larger or complex locations (b) Contact the appropriate department members or other agencies as warranted to begin preparation. (c) Ensure that all legal documents such as search warrants are complete and have any modifications reasonably necessary to support the operation. (d) Coordinate the actual operation unless delegated to a tactical unit. 609.5 DECONFLICTION Deconfliction systems are designed to identify persons and locations associated with investigations or law enforcement operations and alert participating agencies when others are planning or conducting operations in close proximity or time or are investigating the same individuals, groups or locations. The officer who is the operations lead shall ensure the subject of investigation and operations information have been entered in an applicable deconfliction system to determine if there is reported conflicting activity. This should occur as early in the process as practicable, but no later than two hours prior to the commencement of the operation. The officer should also enter relevant updated information when it is received. If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict before proceeding. 609.6 OPERATIONS PLAN The Operations Director should ensure that a written operations plan is developed for all high -risk operations. Plans should also be considered for other operations that would benefit from having a formal plan. The plan should address such issues as: (a) Operation goals, objectives and strategies. (b) Operation location and people: 1. The subject of investigation (e.g., history of weapon possession/use, known mental illness issues, known drug use, threats against police, gang affiliation, criminal history) 2. The location (e.g., fortification, booby traps, reinforced doors/windows, surveillance cameras and/or lookouts, number/type of buildings, geographic Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Operations Planning and Deconfliction - 340 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Operations Planning and Deconfliction and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations), including aerial photos, if available, and maps of neighboring yards and obstacles, diagrams and other visual aids 3. Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service) 4. Identification of other people who may be present in or around the operation, such as other criminal suspects, innocent third parties and children (c) Information from the risk assessment form by attaching a completed copy in the operational plan. 1. The volume or complexity of the information may indicate that the plan includes a synopsis of the information contained on the risk assessment form to ensure clarity and highlighting of critical information. (d) Participants and their roles. 1. An adequate number of uniformed officers should be included in the operation team to provide reasonable notice of a legitimate law enforcement operation. 2. How all participants will be identified as law enforcement. (e) Whether deconfliction submissions are current and all involved individuals, groups and locations have been deconflicted to the extent reasonably practicable. (f) Identification of all communications channels and call -signs. (g) Use of force issues. (h) Contingencies for handling medical emergencies (e.g., services available at the location, closest hospital, closest trauma center). (i) Plans for detaining people who are not under arrest. Q) Contingencies for handling children, dependent adults, animals and other people who might be at the location in accordance with the Child Abuse, Adult Abuse, Child and Dependent Adult Safety and Animal Control Procedures policies. (k) Communications plan (1) Responsibilities for writing, collecting, reviewing and approving reports. 609.6.1 OPERATIONS PLAN RETENTION Since the operations plan contains intelligence information and descriptions of law enforcement tactics, it shall not be filed with the report. The operations plan shall be stored separately and retained in accordance with the established records retention schedule. 609.7 OPERATIONS BRIEFING A briefing should be held prior to the commencement of any high -risk operation to allow all participants to understand the operation, see and identify each other, identify roles and Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Operations Planning and Deconfliction - 341 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Operations Planning and Deconfliction responsibilities and ask questions or seek clarification as needed. Anyone who is not present at the briefing should not respond to the operation location without specific supervisory approval. (a) The briefing should include a verbal review of plan elements, using visual aids, to enhance the participants' understanding of the operations plan. (b) All participants should be provided a copy of the operations plan and search warrant, if applicable. Participating personnel should be directed to read the search warrant and initial a copy that is retained with the operation plan. Any items to be seized should be identified at the briefing. (c) The operations director shall ensure that all participants are visually identifiable as law enforcement officers. 1. Exceptions may be made by the operations director for officers who are conducting surveillance or working under cover. However, those members exempt from visual identification should be able to transition to a visible law enforcement indicator at the time of enforcement actions, such as entries or arrests, if necessary. (d) The briefing should include details of the communications plan. 1. It is the responsibility of the operations director to ensure that ValleyCom is notified of the time and location of the operation, and to provide a copy of the operation plan prior to officers arriving at the location. 2. If the radio channel needs to be monitored by ValleyCom, the dispatcher assigned to monitor the operation should attend the briefing, if practicable, but at a minimum should receive a copy of the operation plan. 3. The briefing should include a communications check to ensure that all participants are able to communicate with the available equipment on the designated radio channel. 609.8 MEDIA ACCESS No advance information regarding planned operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 609.9 OPERATIONS DEBRIEFING High -risk operations should be debriefed as soon as reasonably practicable. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Operations Planning and Deconfliction - 342 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Warrant Service 610.1 PURPOSE AND SCOPE This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances. This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high -risk warrants. This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 610.2 POLICY It is the policy of the Tukwila Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants. 610.3 OPERATIONS DIRECTOR The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with the involved supervisor to determine the risk level of the warrant service The operations director will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 610.4 SEARCH WARRANTS Officers should receive authorization from a supervisor before preparing a search warrant application. Once authorization is received, the officer will prepare the affidavit and search warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). 610.5 ARREST WARRANTS If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). If the warrant is classified as high risk, service will be coordinated by the operations director. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Warrant Service - 343 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Warrant Service to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. 610.6 WARRANT PREPARATION An officer who prepares a warrant should ensure the documentation in support of the warrant contains as applicable: (a) Probable cause to support the search or arrest, including relevant dates and times to demonstrate timeliness and facts to support any request for nighttime execution. (b) A clear explanation of the affiant's training, experience and relevant education. (c) Adequately supported opinions, when relevant, that are not left to unsubstantiated conclusions. (d) A nexus between the place to be searched and the persons or items central to the investigation. The facts supporting this nexus should be clear and current. For example, the affidavit shall explain why there is probable cause to believe that a particular person is currently residing at a particular location or that the items sought are present at a particular location. (e) Full disclosure of known or suspected residents at the involved location and any indication of separate living spaces at the involved location. For example, it should be disclosed that several people may be renting bedrooms at a single location, even if the exact location of the rooms is not known. (f) A specific description of the location to be searched, including photographs of the location, if reasonably available. (g) A sufficient description of the items to be seized. (h) Full disclosure of any known exculpatory information relevant to the warrant application (refer to the Brady Material Disclosure Policy). 610.7 HIGH -RISK WARRANT SERVICE The operations director or the authorized designee shall coordinate the service of warrants that are categorized as high risk and shall have sole authority in determining the manner in which the warrant will be served, including the number of officers deployed. The member responsible for directing the service should ensure the following as applicable: (a) When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present. (b) The warrant service is video -recorded when practicable and reasonable to do so. The warrant service may be audio -recorded when announcing to everyone present that the conversation is going to be recorded and said announcement is recorded except if allowed by the warrant (RCW 9.73.030). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Warrant Service - 344 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Warrant Service (c) Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the designated members to the presence of potential evidence and not touch or disturb the items. (d) Reasonable efforts are made during the search to maintain or restore the condition of the location. (e) Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f) Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g) A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h) A copy of the search warrant is left at the location. (i) The condition of the property is documented with video recording or photographs after the search. 610.8 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. However, officers must be mindful that only reasonable force may be used and weapons should be displayed no longer than the officer reasonably believes is necessary (see the Use of Force Policy). As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of people who have been detained. 610.9 ACTIONS AFTER WARRANT SERVICE The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. 610.10 OUTSIDE AGENCIES AND CROSS -JURISDICTIONAL WARRANTS The operations director will ensure that cooperative efforts with other agencies in the service of warrants conform to existing mutual aid agreements or other memorandums of understanding and will work cooperatively to mitigate risks including, but not limited to, the following: Identity of team members Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. warrant Service - 345 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Warrant Service • Roles and responsibilities • Familiarity with equipment • Rules of engagement • Asset forfeiture procedures Any outside agency requesting assistance in the service of a warrant within this jurisdiction should be referred to the operations director. The director should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the other agency. The director should ensure that members of the Tukwila Police Department are utilized appropriately. Any concerns regarding the requested use of Tukwila Police Department members should be brought to the attention of the Chief of Police or the authorized designee. The actual service of the warrant will remain the responsibility of the agency requesting assistance. If the operations director is unavailable, the Shift Sergeant should assume this role. If officers intend to serve a warrant outside Tukwila Police Department jurisdiction, the operations director should provide reasonable advance notice to the applicable agency, request assistance as needed and work cooperatively on operational planning and the mitigation of risks detailed in this policy. Officers will remain subject to the policies of the Tukwila Police Department when assisting outside agencies or serving a warrant outside Tukwila Police Department jurisdiction. 610.11 MEDIA ACCESS No advance information regarding warrant service operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 610.12 TRAINING The Training Officer should ensure officers receive periodic training on this policy and associated topics, such as legal issues, warrant preparation, warrant service and reporting requirements. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. warrant Service - 346 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 7 - Equipment Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Equipment - 347 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Owned and Personal Property 700.1 PURPOSE AND SCOPE Department employees are expected to properly care for department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or department property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF DEPARTMENTAL PROPERTY Employees shall be responsible for the safekeeping, proper care and use of department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to the cost of repair or replacement. (a) Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any department issued property or equipment assigned for their use. (b) The use of damaged or unserviceable department property should be discontinued as soon as practical and repaired or replaced with comparable Department property as soon as available and following notice to a supervisor. (c) Department property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (d) In the event that any Department vehicles, weapons or technology becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made in memo format and submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a memo to the appropriate Division Commander, which shall include the results of his/her review and whether the employee followed proper procedures. The supervisor's review shall address whether reasonable care was taken to prevent the loss or damage. Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the division commander who will then forward the claim to the Finance Department. The Department will replace or repair items up to $150 that are reasonably required as a part of work. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Owned and Personal Property - Published with permission by Tukwila Police Department 348 Tukwila Police Department Tukwila PD Policy Manual Department Owned and Personal Property 700.3.1 REPORTING REQUIREMENT A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a) A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b) An Employee Incident Report Form ("Blue Form") shall be submitted before the employee goes off duty. If the employee is unable to complete the Blue Form, the supervisor or his designee shall complete it before going off duty. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the City, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee, supervisor or his designee shall submit a Blue Form. These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Division Commander. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Department Owned and Personal Property - Published with permission by Tukwila Police Department 349 Tukwila Police Department Tukwila PD Policy Manual Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on -duty or when used for authorized work -related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs) wireless capable tablets and similar wireless two-way communications and/or portable internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the internet. 701.2 POLICY The Tukwila Police Department allows members to utilize department -issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on -duty, or used off -duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on -duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on -duty or after duty hours for business -related purposes may subject the member and the member's PCD records to civil or criminal discovery or disclosure under applicable public records laws. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 701.4 DEPARTMENT -ISSUED PCD Depending on a member's assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD for the member's use to facilitate on -duty performance. Department -issued or funded PCDs may not be used for personal business either on -or off -duty unless authorized by the Chief of Police or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Communication Devices - 350 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Communication Devices 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on -duty, subject to the following conditions and limitations: (a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. (b) The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c) The PCD and any associated services shall be purchased, used and maintained solely at the member's expense. (d) The device should not be used for work -related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business -related communication. 1. Members may use personally owned PCDs on -duty for routine administrative work as authorized by the Chief of Police. (e) Except in exigent circumstances the device shall not be utilized to record or disclose any business -related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment with the Department, without the express authorization of the Chief of Police or the authorized designee. (f) Use of a personally owned PCD while at work or for work -related business constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, public records retention and release obligations and internal investigations. If the PCD is carried on -duty, members will provide the Department with the telephone number of the device. (g) All work -related documents, emails, photographs, recordings or other public records created or received on a member's personally owned PCD should be transferred to the Tukwila Police Department and deleted from the member's PCD as soon as reasonably practicable but no later than the end of the member's shift. Except with prior express authorization from their supervisors, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off -duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing collective bargaining agreements, or if the member has prior express authorization from his/her supervisor, the member may engage in department business -related communications. Should members engage in such approved off -duty communications or work, members entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Communication Devices - 351 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Communication Devices compensation. Members who independently document off -duty department -related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate record keeping. 701.6 USE OF PCD The following protocols shall apply to all PCDs that are carried while on -duty or used to conduct department business: (a) A PCD shall not be carried in a manner that interferes with the wear of the duty uniform or presents an unprofessional appeareance. (b) All PCDs carried by uniformed personnel in the workplace should be set to silent or vibrate mode. (c) The use of a PCD to conduct personal business while on -duty, except for brief personal communications (e.g., informing family of extended hours) should be limited to to authorized break times, unless an emergency exists. (d) Members may use a PCD to communicate with other personnel in situations where the use of the radio is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid or in lieu of regular radio communications. (e) Members are prohibited from taking pictures, making audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline. (f) Members will not use a department issued or funded PCD to access social networking sites for any purpose that is not official department business. (g) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. 701.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a) Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b) Monitoring, to the extent practicable, PCD use in the workplace and take prompt corrective action if a member is observed or reported to be improperly using a PCD. 1. An investigation into improper conduct should be promptly initiated when circumstances warrant. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Communication Devices - 352 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Communication Devices 2. Before conducting any administrative search of a member's personally owned device, supervisors should consult with the Chief of Police or the authorized designee. 701.8 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Except in an emergency, members who are operating vehicles other than authorized emergency vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands -free use and the use complies with RCW 46.61.672. Hands -free use should be restricted to business -related calls or calls of an urgent nature. 701.9 OFFICIAL USE Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land -based or other department communications network. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Communication Devices - 353 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Maintenance 702.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Department vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 702.2 DEFECTIVE VEHICLES When a department vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be promptly completed by the employee who first becomes aware of the defective condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle maintenance for repair. 702.2.1 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged or perform poorly shall be removed from service for inspections and repairs as soon as practicable. 702.2.2 SEVERE USE Vehicles operated under severe -use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer's parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off -road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the department armory prior to the vehicle being released for maintenance, service or repair. 702.3 VEHICLE EQUIPMENT Certain items shall be maintained in all department vehicles for emergency purposes and to perform routine duties. 702.4 VEHICLE REFUELING Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place a vehicle in service that has less than one -quarter tank of fuel. Whenever practicable, vehicles should be fully fueled when placed into service and refueled before the level falls below one - quarter tank. Vehicles shall only be refueled at an authorized location. 702.5 WASHING OF VEHICLES All units should be kept clean at all times and weather conditions permitting, shall be washed as necessary to enhance their appearance. Employees using a vehicle shall remove any trash or Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Vehicle Maintenance - 354 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Maintenance debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this material. 702.6 NON -SWORN EMPLOYEE USE Non -sworn employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Non -sworn employees shall also prominently display the "out of service" placards or light -bar covers at all times. Non -sworn employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Vehicle Maintenance - 355 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use 703.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off -duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Tukwila to provide assigned take-home vehicles. 703.2 POLICY The Tukwila Police Department provides vehicles for department -related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments and other considerations. 703.2.1 SHIFT ASSIGNED VEHICLES Personnel assigned to Patrol should log into CAD when going on duty. If the vehicle is not equipped with a working in -car computer, they shall notify ValleyCom. Employees shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shift. A thorough inspection of the vehicle interior shall be completed before and after transporting any prisoner. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. 703.2.2 UNSCHEDULED USE OF VEHICLES Personnel utilizing a vehicle for any purpose other than their normally assigned duties shall indicate the vehicle number in CAD upon log -on. If a front-line patrol vehicle is used, the officer shall ensure there is no conflict with use personnel normally assigned to the vehicle. If a conflict exists the on -duty supervisor will be notified. 703.2.3 AUTHORIZED PASSENGERS Personnel operating department owned vehicles should not permit persons other than City employees or persons conveyed in the performance of duty or as otherwise authorized to ride as a passenger in their vehicle. 703.3 USE OF VEHICLES 703.3.1 VEHICLES SUBJECT TO INSPECTION All City owned vehicles are subject to inspection and or search at any time by a supervisor and no employee assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 356 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use 703.3.2 ALCOHOL Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 703.3.3 PARKING Except when responding to an emergency or when urgent department -related business requires otherwise, members driving department vehicles should obey all parking regulations at all times. Department vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 703.3.4 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 703.3.5 NON -SWORN MEMBER USE Non -sworn members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Non -sworn members shall prominently display the "out of service" placards or light bar covers at all times. Non -sworn members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES Department vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on -duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 703.4.1 ON -DUTY USE Vehicle assignments shall be based on the nature of the member's duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department members at the discretion of the Chief of Police or the authorized designee. 703.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where department vehicles must be used by members to commute to and from a work assignment. Members may take home department vehicles only with prior approval of a supervisor and shall meet the following criteria: (a) The circumstances are unplanned and were created by the needs of the Department. (b) Other reasonable transportation options are not available. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 357 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use (c) The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Tukwila City limits. (d) Off-street parking will be available at the member's residence. (e) Vehicles will be locked when not attended. (f) All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. 703.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member's residence; the nature of the member's duties, job description and essential functions; and the member's employment or appointment status. Residence in the City of Tukwila is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Tukwila may be required to secure the vehicle at a designated location or the Department at the discretion of the Chief of Police. Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on -duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member's tax adviser. Criteria for use of take-home vehicles include the following: (a) Vehicles shall only be used for work -related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Division Commander gives authorization. (b) Vehicles may be used to transport the member to and from the member's residence for work -related purposes. (c) Vehicles will not be used when off -duty except: 1. In circumstances when a member has been placed on call by the Chief of Police or Division Commanders and there is a high probability that the member will be called back to duty. 2. When the member is performing a work -related function during what normally would be an off -duty period, including vehicle maintenance or traveling to or from a work -related activity or function. 3. When the member has received permission from the Chief of Police or Division Commanders. 4. When the vehicle is being used by the Chief of Police, Division Commanders or members who are in on -call administrative positions. 5. When the vehicle is being used by on -call investigators. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 358 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use (d) While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on -duty. (e) The two-way communications radio, MDC and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f) Unattended vehicles are to be locked and secured at all times. 1. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 2. All weapons shall be secured while the vehicle is unattended. 3. All department identification, portable radios and equipment should be secured. (g) Vehicles are to be parked off-street at the member's residence unless prior arrangements have been made with the Chief of Police or the authorized designee. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (h) Vehicles are to be secured at the member's residence or the appropriate department facility, at the discretion of the Department when a member will be away (e.g., on vacation) for periods exceeding one week. 1. If the vehicle remains at the residence of the member, the Department shall have access to the vehicle. 2. If the member is unable to provide access to the vehicle, it shall be parked at the Department. (i) The member is responsible for the care and maintenance of the vehicle. 703.4.4 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: (a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage. (b) It is the member's responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d) The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 359 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 703.4.5 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the Tukwila Police Department or while off -duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off -Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). Officers driving take-home vehicles shall be armed, appropriately attired and carry their department -issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. 703.5 UNMARKED VEHICLES Unmarked vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a supervisor. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall be recorded in CAD and the on duty Shift Sergeant will be notified and approve the usage. 703.6 DAMAGE, ABUSE, AND MISUSE When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy). Damage to any department vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format, and forwarded to the Shift Sergeant. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 703.6.1 ACCESSORIES AND/OR MODIFICATIONS No modifications, additions or deletions of any equipment or accessories shall be made to the vehicle without written permission. 703.7 TOLL ROAD USAGE Authorized on -duty emergency vehicles are exempt from incurring toll road charges. An authorized emergency vehicle is an on -duty vehicle of the Department which is equipped with emergency lights and siren and used to respond to emergency calls (WAC 468-270-030; WAC 468-270-085; WAC 468-270-105). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 360 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Vehicle Use To avoid unnecessary toll road charges, all members operating department vehicles on a toll road shall adhere to the following: (a) Members operating department vehicles that are not authorized emergency vehicles shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b) Members in unauthorized vehicles passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Division Commander within five working days explaining the circumstances. 703.8 UNMARKED ENFORCEMENT VEHICLES Tukwila Police Department unmarked vehicles equipped per the provisions of RCW 46.37.190 and 46.37.670 also authorized as emergency vehicles per RCW 46.61.035 are designated for use as Special Enforcement Vehicles (SEV's). SEV's are used for special undercover interdiction and undercover enforcement duties focused on reducing (but not limited to) DUI's, aggressive driving, and school zone violations. SEV's are exempt from the statutory requirements to mark publicly owned vehicles as set forth in RCW 46.08.065 (1). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Vehicle Use - 361 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Cash Handling, Security and Management 704.1 PURPOSE AND SCOPE This policy provides guidelines to ensure department members handle cash appropriately in the performance of their duties. This policy does not address cash -handling issues specific to the Property and Evidence and Informants policies. 704.2 POLICY It is the policy of the Tukwila Police Department to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of department operations and ensure the public trust. 704.3 PETTY CASH FUNDS The Chief of Police shall designate a person as the fund manager responsible for maintaining and managing the petty cash fund. Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager. 704.4 PETTY CASH TRANSACTIONS The fund manager shall document all transactions on the ledger and any other appropriate forms. Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer form require an expense report. 704.5 PETTY CASH AUDITS The fund manager shall perform an audit no less than once every six months. This audit requires that the fund manager and at least one command staff member, selected by the Chief of Police, review the transaction ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and an immediate reporting of the discrepancy to the Chief of Police. Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member. A separate audit of each petty cash fund should be completed on a random date, approximately once each year by the Chief of Police or the City. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Cash Handling, Security and Management - Published with permission by Tukwila Police Department 362 Tukwila Police Department Tukwila PD Policy Manual Cash Handling, Security and Management 704.6 ROUTINE CASH HANDLING Those who handle cash as part of their property or TAC Team supervisor duties shall discharge those duties in accordance with the Property and Evidence and Informants policies. Members who routinely accept payment for department services shall discharge those duties in accordance with the procedures established for those tasks. 704.7 OTHER CASH HANDLING Members of the Department who, within the course of their duties, are in possession of cash that is not their property or that is outside their defined cash -handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property and Evidence Policy. Cash in excess of $1,000 requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Cash Handling, Security and Management - Published with permission by Tukwila Police Department 363 Tukwila Police Department Tukwila PD Policy Manual Personal Protective Equipment 705.1 PURPOSE AND SCOPE This policy identifies the different types of personal protective equipment (PPE) provided by the Department as well the requirements and guidelines for the use of PPE. This policy does not address ballistic vests or protection from communicable disease, as those issues are addressed in the Body Armor and Communicable Diseases policies. 705.1.1 DEFINITIONS Definitions related to this policy include: Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical or other workplace hazards. Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not include particulate -filtering masks such as N95 or N100 masks. 705.2 POLICY The Tukwila Police Department endeavors to protect members by supplying certain PPE to members as provided in this policy. 705.3 OFFICER RESPONSIBILITIES Members are required to use PPE as provided in this policy and pursuant to their training. Members are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed. Any member who identifies hazards in the workplace is encouraged to utilize the procedures in the Accident, Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE. 705.4 HEARING PROTECTION Approved hearing protection shall be used by members during firearms training. Hearing protection shall meet or exceed the requirements provided in WAC 296-817-200. 705.5 EYE PROTECTION Approved eye protection, including side protection, shall be used by members during firearms training. Eye protection for members who wear prescription lenses shall incorporate the prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure their eye protection does not interfere with the fit of their hearing protection. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Protective Equipment - 364 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Protective Equipment The Rangemaster shall ensure eye protection meets or exceeds the requirements provided in WAC 296-800-16050. 705.6 RESPIRATORY PROTECTION The Professional Standards Unit Division Commander is responsible for ensuring a respiratory protection plan is developed and maintained by a trained and qualified member. The plan shall include procedures for (WAC 296-842-12005): (a) Selecting appropriate respiratory PPE based on hazards and risks associated with functions or positions. (b) Fit testing, including identification of members or contractors qualified to conduct fit testing. (c) Medical evaluations. (d) PPE inventory control. (e) PPE issuance and replacement. (f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respiratory PPE, including schedules for these activities. (g) Regularly reviewing the PPE plan. (h) Remaining current with applicable National Institute for Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), Environmental Protective Agency (EPA) and state PPE standards and guidelines. 705.6.1 RESPIRATORY PROTECTION USE Designated members may be issued respiratory PPE based on the member's assignment (e.g., a narcotics investigator who is involved in clandestine lab investigations). Respiratory PPE may be worn when authorized by a scene commander who will determine the type and level of protection appropriate at a scene based upon an evaluation of the hazards present. Scene commanders are responsible for monitoring members using respiratory PPE and their degree of exposure or stress. When there is a change in work area conditions or when a member's degree of exposure or stress may affect respirator effectiveness, the scene commander shall reevaluate the continued effectiveness of the respirator and direct the member to leave the respirator use area when the scene commander reasonably believes (WAC 296-842-18010): (a) It is necessary for the member to wash his/her face and the respirator facepiece to prevent eye or skin irritation associated with respirator use. (b) The member detects vapor or gas breakthrough, or there is a change in breathing resistance or leakage of the facepiece. (c) The member needs to replace the respirator, filter, cartridge or canister. (d) The member needs to readjust his/her respirator. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Protective Equipment - 365 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Protective Equipment (e) The member becomes ill. (f) The member experiences sensations of dizziness, nausea, weakness, breathing difficulty, coughing, sneezing, vomiting, fever or chills. 705.6.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION Members shall not use self-contained breathing apparatus (SCBA), full -face respirators or cartridge respirators unless they have completed training requirements for the equipment. Members exposed to environments that are reasonably known to be harmful due to gases, smoke or vapors shall use respiratory PPE. Members using respiratory PPE shall (WAC 296-842-18005): (a) Ensure that they have no facial hair between the sealing surface of the facepiece and the face that could interfere with the seal or the valve function. Members also shall ensure that they have no other condition that will interfere with the face-to-facepiece seal or the valve function. (b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of the facepiece to the face, or that has not been previously tested for use with that respiratory equipment. (c) Perform a user seal check per department -approved procedures recommended by the respirator manufacturer each time they put on a tight -fitting respirator. (d) Leave a respiratory use area whenever they detect vapor or gas breakthrough, changes in breathing resistance or leakage of their facepiece and ensure that the respirator is replaced or repaired before returning to the affected area. 705.6.3 GAS MASK Full -face air -purifying respirators, commonly referred to as gas masks, may be fitted with mechanical pre -filters or combination cartridge/filter assemblies for use in areas where gases, vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge based on the circumstances: A scene commander may order the use of gas masks in situations where the use of a SCBA is not necessary. These incidents may include areas where tear gas has or will be used or where a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen - deficient atmosphere. Members shall ensure their gas mask filters are replaced whenever: (a) They smell, taste or are irritated by a contaminant. (b) They experience difficulty breathing due to filter loading. (c) The cartridges or filters become wet. (d) The expiration date on the cartridges or canisters has been reached. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Protective Equipment - 366 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Protective Equipment 705.6.4 SELF-CONTAINED BREATHING APPARATUS Scene commanders may direct members to use SCBA when entering an atmosphere that may pose an immediate threat to life, would cause irreversible adverse health effects or would impair an individual's ability to escape from a dangerous atmosphere. These situations may include, but are not limited to: (a) Entering the hot zone of a hazardous materials incident. (b) Entering any area where contaminant levels may become unsafe without warning, or any situation where exposures cannot be identified or reasonably estimated. (c) Entering a smoke- or chemical -filled area. The use of SCBA should not cease until approved by a scene commander. 705.6.5 RESPIRATOR FIT TESTING No member shall be issued respiratory PPE until a proper fit testing has been completed by a designated member or contractor (WAC 296-842-15005). After initial testing, fit testing for respiratory PPE shall be repeated (WAC 296-842-15005): (a) At least once every 12 months. (b) Whenever there are changes in the type of SCBA or facepiece used. (c) Whenever there are significant physical changes in the user (e.g., obvious change in body weight, scarring of the face seal area, dental changes, cosmetic surgery or any other condition that may affect the fit of the facepiece seal). (d) Whenever there is an indication that the respirator fit is unacceptable. All respirator fit testing shall be conducted in negative -pressure mode. 705.6.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE No member shall be issued respiratory protection that forms a complete seal around the face until (WAC 296-842-14005; WAC 296-842-22005): (a) The member has completed a medical evaluation that includes a medical evaluation questionnaire. (b) A physician or other licensed health care professional has reviewed the questionnaire. (c) The member has completed any physical examination recommended by the reviewing physician or health care professional. 705.7 RECORDS The Training Officer is responsible for maintaining records of all: (a) PPE training. (b) Initial fit testing for respiratory protection equipment. (c) Annual fit testing. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Protective Equipment - 367 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Protective Equipment (d) Respirator medical evaluation questionnaires and any subsequent physical examination results. (e) These records shall be maintained in a separate confidential medical file. The records shall be maintained in accordance with the department records retention schedule and WAC 296-842-12010. 705.8 TRAINING Members should be trained in the respiratory and other hazards to which they may be potentially exposed during routine and emergency situations. All members shall be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE; and the limitations (WAC 296-800-16025). Members issued respiratory PPE shall attend annual training on the proper use of respiratory protection devices (WAC 296-842-16005). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Protective Equipment - 368 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual SMALL UNMANNED AIRCRAFT SYSTEMS 706.1 PURPOSE This policy is intended to provide personnel who are assigned responsibilities associated with the deployment and use of small unmanned aircraft systems (sUAS) with instructions on when and how this technology and the information it provides may be used for law enforcement and public safety purposes in accordance with law 706.2 POLICY It is the policy of this department that duly trained and authorized agency personnel may deploy sUAS when such use is appropriate in the performance of their official duties, and where deployment and use, and the collection and use of any audio/video recordings or other data originating from or generated by the sUAS, comport with the policy provisions provided herein and applicable law. 706.3 DEFINITIONS Digital Multimedia Evidence (DME): Digital recording of images, sounds, and associated data. Model Aircraft: A remote controlled aircraft used by hobbyists that is built, produced, manufactured, and operated for the purposes of sport, recreation, and/or competition. Unmanned Aircraft (UA) or Unmanned Aerial Vehicle (UAV): An aircraft that is intended to navigate in the air without an on -board pilot. Also alternatively called Remotely Piloted Aircraft (RPA), Remotely Operated Vehicle (ROV), or Drone. Unmanned Aircraft System (UAS): A system that includes the necessary equipment, network, and personnel to control an unmanned aircraft. Small Unmanned Aircraft Systems (sUAS): UAS systems that utilize UAVs weighing less than 55 pounds and are consistent with Federal Aviation Administration (FAA) regulations governing model aircraft. UAS Flight Crewmember: A pilot, visual observer, payload operator or other person assigned duties for a UAS for the purpose of flight or training exercise. Unmanned Aircraft Pilot: A person exercising control over a UA/UAV/UAS during flight. 706.4 ADMINISTRATION All deployments of sUAS must be specifically authorized by the chief executive officer (CEO) of this agency or authorized supervisory personnel. This agency has adopted the use of sUAS to provide an aerial visual perspective in responding to emergency situations and exigent circumstances, and for the following objectives: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SMALL UNMANNED AIRCRAFT SYSTEMS - Published with permission by Tukwila Police Department 369 Tukwila Police Department Tukwila PD Policy Manual SMALL UNMANNED AIRCRAFT SYSTEMS 1. Situational Awareness: To assist decision makers (e.g., incident command staff; first responders; city, county, and state officials) in understanding the nature, scale, and scope of an incident —and for planning and coordinating an effective response. 2. Search and Rescue: To assist missing person investigations, AMBER Alerts, Silver Alerts, and other search and rescue missions. 3. Tactical Deployment: To support the tactical deployment of officers and equipment in emergency situations (e.g., incidents involving hostages and barricades, support for large-scale tactical operations, and other temporary perimeter security situations). 4. Visual Perspective: To provide an aerial visual perspective to assist officers in providing direction for crowd control, traffic incident management, special circumstances, and temporary perimeter security. 5. Scene Documentation: To document a crime scene, accident scene, or other major incident scene (e.g., disaster management, incident response, large-scale forensic scene investigation). 706.5 PROCEDURES FOR SUAS USE 1. The agency must obtain applicable authorizations, permits, or certificates required by the Federal Aviation Administration (FAA) prior to deploying or operating the sUAS, and these authorizations, permits, and certificates shall be maintained and current. 2. The sUAS will be operated only by personnel (pilots and crew members) who have been trained and certified in the operation of the system. 3. The sUAS-certified personnel shall inspect and test sUAS equipment prior to each deployment to verify the proper functioning of all equipment and the airworthiness of the device. 4. The sUAS equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that an appropriate repair can be made or a replacement unit can be procured. 5. The sUAS equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. 6. All flights will be documented on a form or database designed for that purpose, and all flight time shall be accurately recorded. In addition, each deployment of the sUAS shall include information regarding the reason for the flight; the time, date, and location of the flight; the name of the supervisor approving the deployment and the staff assigned; and a summary of the activities covered, actions taken, and outcomes from the deployment. 7. Except for those instances where officer safety or investigation could be jeopardized —and where reasonably possible and practical, agencies should consider notifying the public. 8. Where there are specific and articulable grounds to believe that the sUAS will collect evidence of criminal wrongdoing and/or if the sUAS will be used in a manner that may intrude upon Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SMALL UNMANNED AIRCRAFT SYSTEMS - Published with permission by Tukwila Police Department 370 Tukwila Police Department Tukwila PD Policy Manual SMALL UNMANNED AIRCRAFT SYSTEMS reasonable expectations of privacy, the agency will obtain a search warrant prior to conducting the flight. 706.6 RESTRICTIONS ON USING THE SUAS 1. The sUAS shall be deployed and used only to support official law enforcement and public safety missions. 2. The sUAS shall not be operated in an unsafe manner or in violation of FAA rules. 3. The sUAS shall not be equipped with weapons of any kind. 706.7 DME RETENTION AND MANAGEMENT 1. All DME shall be handled in accordance with existing policy on data and record retention, where applicable. 2. All DME shall be securely downloaded at the completion of each mission. The sUAS- certified operators will record information for each file that shall include the date, time, location, and case reference numbers or other mission identifiers —and identify the sUAS personnel involved in mission. 3. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner sUAS DME without prior written authorization and approval of the CEO or his or her designee. 4. All access to sUAS DME must be specifically authorized by the CEO or his or her designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. 5. Files should be securely stored in accordance with agency policy and state records retention laws and retained no longer than necessary for purposes of training or for use in an investigation or prosecution. 706.8 SUAS SUPERVISION AND REPORTING 1. sUAS supervisory personnel shall manage all deployments and uses of sUAS to ensure that officers equipped with sUAS devices utilize them in accordance with policy and procedures defined herein. 2. An authorized sUAS supervisor or administrator will audit flight documentation at regular intervals. The results of the audit will be documented. Any changes to the flight time counter will be documented. 3. The CEO of the agency or his or her designee shall publish an annual report documenting the agency's deployment and use of sUAS devices. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SMALL UNMANNED AIRCRAFT SYSTEMS - Published with permission by Tukwila Police Department 371 Tukwila Police Department Tukwila PD Policy Manual SMALL UNMANNED AIRCRAFT SYSTEMS 706.9 TRAINING 1. Police personnel who are assigned sUAS must complete an agency -approved training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation and proper calibration and performance of the equipment and to incorporate changes, updates, or other revisions in policy and equipment. 2. All agency personnel with sUAS responsibilities, including command officers, shall also be trained in the local and federal laws and regulations, as well as policies and procedures governing the deployment and use of sUAS. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. SMALL UNMANNED AIRCRAFT SYSTEMS - Published with permission by Tukwila Police Department 372 Tukwila Police Department Tukwila PD Policy Manual Chapter 8 - Support Services Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Support Services - 373 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Crime Analysis 800.1 PURPOSE AND SCOPE Crime analysis should provide currently useful information to aid operational personnel in meeting their tactical crime control and prevention objectives by identifying and analyzing methods of operation of individual criminals, providing crime pattern recognition, and providing analysis of data from field interrogations and arrests. Crime analysis can be useful to the Department's long range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities. 800.2 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to: • Crime reports • Field Interview cards • Computer Aided Dispatch data 800.3 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for Crime Analysis: • Frequency by type of crime • Geographic factors • Temporal factors • Victim and target descriptors • Suspect descriptors • Suspect vehicle descriptors • Modus operandi factors • Physical evidence information 800.4 CRIME ANALYSIS DISSEMINATION For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to them. Information relevant to the development of the Department's strategic plans should be provided to the appropriate staff units. When information pertains to tactical and strategic plans, it should be provided to all affected units. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Crime Analysis - 374 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence 801.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and those persons authorized to remove and/or destroy property. 801.2 DEFINITIONS Property - Includes all items of evidence, items taken for safekeeping and found property. Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes latent fingerprints. Safekeeping - Includes the following types of property: • Property obtained by the Department for safekeeping, such as a firearm • Personal property of an arrestee not taken as evidence • Property taken for safekeeping under authority of a law Found Property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. Surrendered Property - Includes property surrendered to a law enforcement agency pursuant to a court order 801.3 PROPERTY HANDLING Any employee who first comes into possession of any property, shall retain such property in his/ her possession until it is properly tagged and placed in the designated property locker or storage room. Care shall be taken to maintain the chain of custody for all evidence. Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the item(s). Proper chain of custody for the property must be maintained until the item is released and the item(s) shall not be left unsecured at any time. If the identified owner is not able to pick the property up by the end of that officer's duty day, the item must be booked into the property room. 801.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off -duty. Employees booking property shall observe the following guidelines: (a) Complete the property form describing each item of property separately, listing all serial numbers, owner's name, finder's name, and other identifying information or markings. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 375 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence (b) Mark each item of evidence with the booking employee's initials and the date booked using the appropriate method so as not to deface or damage the value of the property. (c) Complete an evidence/property tag and attach it to each package or envelope in which the property is stored. (d) Place the case number in the upper right-hand corner of the bag. (e) The original property form shall be submitted with the case report. A copy shall be placed with the property in the temporary property locker or with the property if property is stored somewhere other than a property locker. (f) When the property is too large to be placed in a locker, the item may be retained in the supply room. Submit the completed property record into a numbered locker indicating the location of the property. 801.3.2 EXPLOSIVES Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Shift Sergeant. The Bomb Squad will be called to handle explosive -related incidents and will be responsible for the handling, storage, sampling, and disposal of all suspected explosives. Explosives will not be retained in the police facility.Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. The property and evidence technician is responsible for transporting to the Fire Department, on a regular basis, any fireworks or signaling devices that are not retained as evidence. 801.3.3 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a) Any wet items, including bodily fluids such as blood or semen stains shall be dried in the drying cabinets prior to packaging.. (b) All currency (paper and coins) will be counted regardless of amount. (c) Refer to Task Outline for Currency Packaging procedures. See attachment: 7.1.4 Currency Packaging.pdf (d) All firearms will be verified as rendered safe by two employees prior to being booked into evidence. Refer to the Task Outline for Firearms Packaging Procedures. (e) All fentanyl and suspected fentanyl shall be packaged in a metal container and labeled with a fentanyl warning label. City property, unless connected to a known criminal case, should be released directly to the appropriate City department.No formal booking or release form is required.ln cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 376 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence 801.3.4 PROPERTY SUBJECT TO FORFEITURE Whenever property seized by the Department is subject to forfeiture, specific notification procedures must be followed. It shall be the responsibility of the assigned officer, detective, or the property and evidence technician to ensure that the following notifications are completed. The owner of the property will be notified of the seizure and intended forfeiture of the seized property within 15 days following the seizure. Notification includes any person having any known right or legal interest in the seized property, including any community property interest. The notice of the seizure may be made by any method authorized by law (RCW 10.105.010). The notification will include the legal reason for the seizure and information regarding how to appeal the pending forfeiture. Notification procedures for property seized under Asset Forfeiture (RCW 69.50.505) are detailed in the Asset Forfeiture Policy. 801.3.5 STORAGE OF SURRENDERED FIREARMS Officers shall accept and store a firearm from any individual who has surrendered firearms under RCW 9.41.800 (Surrender of weapons), the Extreme Risk Protection Order Act, or after being detained under RCW 71.05.150 or RCW 71.05.153. The officer receiving the firearm shall: (a) Record the individual's name, address, and telephone number in FileOnQ, using Involvement Code "H-Hold, Order to Surrender". (b) Record the firearm's serial number, make, model,caliber and firearm type. (c) Record the date that the firearm was accepted for storage. (d) Prepare a property receipt form and provide a copy to the individual who surrendered the firearm. (a) If the firearm was surrendered pursuant to the Extreme Risk Protection Order Act, the original receipt should be forwarded promptly to the Senior Managerto email the document to the Tukwila Municipal Court for timely filing (RCW 7.94.090). The evidence technician shall store a firearm accepted pursuant to this policy. 801.3.6 FOUND PROPERTY Found property surrendered to the Department shall be handled as required by RCW 63.21.050. 801.4 RECORDING OF PROPERTY All property shall be packaged and entered in FileOnQ by the booking officer. A unique barcode number shall be obtained through FileOnQ for each item. This barcode number will be maintained in the evidence data base. The evidence technician receiving custody of evidence or property shall scan each barcoded item as received from evidence lockers upon receipt during intake. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 377 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence 801.5 PROPERTY CONTROL Each time the evidence technician receives property or releases property to another person, he/ she shall document this transfer in FileOnQ Officers desiring property for court shall request the needed item(s) through the "Request Monitor" function in FileOnQ at least one day prior to the court day. 801.5.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released or received, an appropriate entry shall be made into the evidence database to maintain the chain of custody. Evidence authorized for release will be noted in the evidence database. 801.5.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The evidence technician, or designated personnel will be responsible for the submission of evidence to a laboratory or outside agency. 801.5.3 STATUS OF PROPERTY Each person receiving property will make the appropriate entry to document the chain of evidence. Temporary release of property to officers for investigative purposes, or for court, shall be noted on the property control card, stating the date, time, and to whom released. The property and evidence technician shall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity. The return of the property should be recorded on the property control card, indicating date, time, and the person who returned the property. 801.5.4 RELEASE OF PROPERTY The Tukwila Police Department shall make every effort to return personal property that is in the possession of this department when such property is not considered evidence of a crime or is no longer needed as evidence. In such cases, the evidence technician shall make a reasonable attempt to identify the lawful owner and provide written notice. If the property remains unclaimed beyond sixty days after the initial written notice to the property owner, or, in the case of property held as evidence, sixty days from the date when the case has been finally adjudicated and the property has been released as evidence by order of the court, the Department may (RCW 63.32.010): (a) At any time thereafter sell the property at public auction to the highest and best bidder for cash in the manner provided by RCW 63.32 or RCW 63.40. The disposition of all Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 378 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence proceeds from such auctions shall be accounted for and recorded according to law. (RCW 63.32.030). (b) Retain the property for the use of the Department subject to giving notice in the manner prescribed in RCW 63.32.020 (or RCW 63.40.020) and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the Chief of Police, the property consists of firearms or other items specifically usable in law enforcement work, provided that at the end of each calendar year during which there has been such a retention, the Department shall provide the City's elected body and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2). (c) Destroy an item of personal property at the discretion of the Chief of Police if he/she determines that the following circumstances have occurred: 1. The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property; and 2. The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and 3. The Chief of Police has determined that the item is unsafe and unable to be made safe for use by any member of the general public. The evidence technician shall release the property upon either proper identification being presented by the owner for which an authorized release has been received or verified through other law enforcement databases, such as DOL or SCORE photo. A signature of the person receiving the property shall be recorded electronically on the original property release form. Upon release, the proper entry shall be documented in FIIeOnQ. Property should be release using MoileOnQ to capture the signature electronically; if a property is release using a hand receipt, the original receipt shall be retained by the Evidence Technician. Firearm release forms shall be generated and forwarded to the Records Supervisoralong with the completed background check form. 801.5.5 PROPERTY DEPICTING A MINOR ENGAGED IN SEXUALLY EXPLICIT CONDUCT No property or material that depicts a minor engaged in sexually explicit conduct shall be copied, photographed, or duplicated. Such material shall remain under the control of this department or the court and shall be made reasonably available for inspection by the parties to a criminal proceeding involving the material. The defendant may only view these materials while in the presence of his/ her attorney or an individual appointed by the court either at this department or a neutral facility as approved by the court (RCW 9.68A.001). Any request for inspecting such material should be brought to the attention of the assigned investigator or an investigation supervisor. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 379 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence 801.6 DISPOSITION OF PROPERTY All personal property, other than vehicles governed by Chapter 46.52 RCW, not held for evidence in a pending criminal investigation or proceeding, and held for 60 days or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The property and evidence technician should request a disposition or status on all property which has been held in excess of 60 days, and for which no disposition has been received (RCW 63.32.010; RCW 63.40.010). 801.6.1 RETURN OF FIREARMS Prior to the return of a privately owned firearm, the property and evidence technician shall ensure confirmation of the following (RCW 9.41.345): (a) The individual to whom the firearm is to be returned is the individual from whom the firearm was obtained, an authorized representative of the individual, or other person identified by a court order. (b) The individual is eligible to possess a firearm pursuant to RCW 9.41.080. (c) The firearm is not required to be held in custody or prohibited from release. (d) Twenty-four hours has elapsed from the time the firearm was obtained by law enforcement or five business days if the firearm was seized in connection with a domestic violence call under RCW 10.99.030. (e) Notification is made to those family or household members, or an intimate partner, who have requested notification pursuant to established department protocol (RCW 9.41.340). 1. Firearms shall be held in custody for 72 hours from the time notification is provided. If a firearm or dangerous weapon was surrendered or lawfully seized pursuant to a protection order issued under RCW 9.41.800 and is to be returned to a person other than the individual from whom the firearm or dangerous weapon was obtained, the property and evidence technician shall determine that the person is the lawful owner and obtain a written agreement, signed by the lawful owner under the penalty of perjury, that the firearm or dangerous weapon will be stored in a manner to prevent the individual from whom the firearm or dangerous weapon was obtained, from accessing, controlling, or possessing the firearm or dangerous weapon (RCW 9.41.801). Upon confirmation that the individual is eligible to possess a firearm and any applicable notifications are complete, the firearm shall be released to the individual or authorized representative upon request without unnecessary delay. If a firearm cannot be returned because it is required to be held in custody or is otherwise prohibited from release, written notice shall be provided to the individual within five business days of the date the individual requested return of the firearm. The written notice shall include the reason the firearm must remain in custody. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 380 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence 801.6.2 RELEASE OF FIREARMS IN EXTREME RISK PROTECTION ORDER MATTERS If an extreme risk protection order is terminated or expires without renewal, a firearm taken or surrendered pursuant to the order shall be returned to the person after (RCW 7.94.100): (a) Confirming through a background check that the person is currently eligible to possess the firearm under federal and state law. (b) Confirming with the court that the extreme risk protection order is no longer in effect. (c) Notice has been provided to a family or household member who requested notification. If an individual other than the restrained person claims title to any firearms surrendered or taken into custody, and that individual is determined to be the lawful owner and a lawful possessor of the firearm, the firearm shall be returned to that individual provided that he/she agrees to store the firearm in a manner that prevents the restrained person from access (RCW 7.94.090). 801.6.3 SEXUAL ASSAULT KITS Unreported sexual assault kits shall be stored and preserved for 20 years from the date of collection (Chapter 26 § 3, 2020 Laws). 801.6.4 RELEASE OF FIREARMS AFTER EMERGENCY DETENTION Firearms surrendered pursuant to RCW 71.05.182 (surrender of firearms after emergency detention) shall be returned in compliance with the provisions of RCW 9.41.345 as long as the six-month suspension period has expired or the person's right to possess firearms has been restored, whichever is sooner (RCW 71.05.182). 801.7 INSPECTIONS OF THE EVIDENCE ROOM (a) On a monthly basis, the supervisor of the evidence technician shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police. (c) An annual audit of evidence held by the department shall be conducted by a Division Commander (as appointed by the Chief of Police) not routinely or directly connected with evidence control. (d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual not associated to the property room or function to ensure that records are correct and all evidence property is accounted for. 801.7.1 PROPERTY AND EVIDENCE SECTION SECURITY Access to the Tukwila Police Department Property and Evidence Section is restricted to authorized department personnel only. It shall be the responsibility of the property and evidence technician to control all access to the Property and Evidence Section. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 381 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Property and Evidence The property and evidence technician shall maintain a log of all persons entering the secured area of the Property and Evidence Section. Personnel, other than those assigned to the Property and Evidence Section, who have legitimate business in the secured area will be required to record their name, the date, time, and purpose for entry. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Property and Evidence - 382 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Records 802.1 PURPOSE AND SCOPE The Senior Manager shall maintain the Department Support Operations Procedures Manual on a current basis to reflect the procedures being followed within the Support Operations. Policies and procedures that apply to all employees of this department are contained in this chapter. 802.1.1 NUMERICAL FILING SYSTEM Case reports are filed numerically within the Support Operations by Support Operations personnel. Reports are numbered commencing with the last two digits of the current year followed by a sequential number beginning with 0000001 starting at midnight on the first day of January of each year. As an example, case number 090000001 would be the first new case beginning January 1, 2009. Reports that are generated by the victim utilizing the department on-line reporting system are numbered commencing with the last two digits of the current year followed by a sequential number beginning with 0020000. 802.1.2 UNIFORM CRIME REPORTING The Tukwila Police Department participates in the Uniform Crime Reporting Program (UCR) and/ or the National Incident Based Reporting System (NIBRS). The Senior Manager is responsible for ensuring that UCR/NIBRS reports are provided to the Washington Association of Sheriffs and Police Chiefs (WASPC) on a regular basis. 802.2 FILE ACCESS AND SECURITY All reports including, but not limited to, initial, supplemental, follow-up, evidence, and all reports critical to a case shall be maintained in a secure area within the Records Division. Case files are under twenty-four hour supervision by the Records Division. Tukwila Police Department employees shall not access, view or distribute, or allow anyone else to access, view or distribute any record, file, audio file, video file or report, whether hard copy or electronic file format, except in accordance with department policy and with a legitimate law enforcement purpose or as otherwise permissible by law. 802.2.1 REQUESTING ORIGINAL REPORTS Generally, original reports shall not be removed from the Support Operations. Should an original report be needed for any reason, the requesting employee shall first obtain authorization from the Senior Manager. All original reports removed from the Support Operations shall be recorded on the Report Check -Out Log, which shall constitute the only authorized manner by which an original report may be removed from the Support Operations. 802.2.2 RECORDS CONCERNING JUVENILES The Senior Manager shall be responsible for the destruction of juvenile records in accordance with RCW 13.50.270, including the following circumstances: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Records - 383 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Records • Upon receiving notification from the juvenile court that specific records should be destroyed. • Upon receiving notification from the Office of the Governor that a specific juvenile has received a full and unconditional pardon, the Senior Manager shall ensure that all records pertaining to that juvenile are destroyed within 30 days. 802.3 USE OF A CENTRAL COMPUTERIZED ENFORCEMENT SERVICE SYSTEM (ACCESS) ACCESS is a computer -controlled communications system located at the WSP Information Technology Division. ACCESS provides service to all the state and national information systems. The Chief of the WSP is vested with the authority to administer all operating phases of ACCESS and the Washington Crime Information Center (WACIC). There are specific requirements for agencies accessing the information in the group of computer systems in ACCESS. 802.4 COURT ORDERS The Senior Manager shall see that no -contact orders received from the court are entered into the WACIC or other applicable criminal intelligence information system for one year or until the expiration date specified on the order. Upon receipt of notice that an order has been terminated, the Senior Manager shall see that the order is removed from the applicable system (RCW 9A.40.102; RCW 9A.40.104; RCW 9A.40.106). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Records - 384 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Records Maintenance and Release 803.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Criminal History Record Information (CHRI). 803.2 TRAINING The Senior Manager shall complete a training program consistent with the Attorney General's model rules within 90 days of assuming responsibilities for public records and complete refresher training as required (RCW 42.56.152). 803.3 SECURITY BREACHES Members who become aware that any Tukwila Police Department system containing personal information may have been breached should notify the Senior Manager and Tukiwla TIS POC as soon as practicable. The Senior Manager will notify the Public Records Officer The Senior Manager shall insure the required notice is given to any resident of this state whose unsecured personal information is reasonably believed to have been acquired by an unauthorized person (RCW 42.56.590). Notice shall be given as soon as reasonably practicable but may be delayed if notification will impede a criminal investigation. For the purposes of the notice requirement, personal information includes: (a) An individual's first name or first initial and last name in combination with any one or more of the following: 1. Social Security number 2. Driver license number or Washington identification card number 3. Full account number, credit or debit card number, or any required security code, access code, or password that would permit access to an individual's financial account 4. Any data elements listed in RCW 42.56.590 (e.g., date of birth, health insurance policy number, biometric data, email address, password) (b) Any of the data elements listed above without the individual's first and last name if the data elements would enable a person to commit identity theft or if encryption, redaction, or other methods have not safeguarded the data element (RCW 42.56.590). If either a physical or logical security breach appears to have been made to protected information covered in the CHRI Policy, the Senior Manager should promptly notify the Tukiwla TIS POC and the Chief of Police. (see CHRI Policy). 803.4 CJIS/CHRI Security Incident Reporting Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Records Maintenance and Release - 385 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Records Maintenance and Release If either a physical or logical security breach appears to have been made to protected information covered in the CHRI policy, staff will notify Tukwila TIS POC and the Senior Manager as soon as possible. The Senior Manager will notify the Chief of Police. To significantly mitigate the risk associated with illicit data access from mobile devices, agency personnel shall immediately contact PD POC at Tukwila TiS in any of the following situations: 1. Loss of device control. For example: (a) Device know to be locked, minimal duration of loss (b) Device lock state unknown, minimal duration of loss (c) Device lock state unknown, extended duration of loss (d) device know to be unlocked, more than momentary duration of loss 2. Total loss of device 3. Device compromise 4.Device loss or compromise outside to the outside the United States Then the Senior Manager shall promptly report incident information to the ACCESS Information Security Officer (ISO) by email to ACCESS@wsp.wa.gov using the FBI Security Incident Reporting Form available on the ACCESS webpage: http//www.wsp.wa.gov/ secured/access/ docs/access cjis security incident report.pdf to any authorities appropriate to the local agency. Security events, including identified weaknesses associated with the event, shall be communicated in a manner allowing timely corrective action to be taken. Formal event reporting should occur per the chain of command and the Tukwila TIS escalation procedures shall be in place. Wherever feasible, the Tukwila TIS shall employ automated mechanisms to assist in the reporting of security incidents. Tukwila TIS shall apply a consistent and effective approach to the management of security incidents. Tukwila TIS shall implement an incident handling capability for security incidents that includes; preparation, detection and analysis, containment, eradication, and recovery. Tukwila TIS will incorporate the lessons learned from ongoing incident handling activities into the incident response procedures and implement the procedures accordingly. All employees, contractors and third party users shall be made aware of the procedures for reporting the different types of event and weakness that might have an impact on the security of agency assets and are required to report any security events and weaknesses as quickly as possible to designated point of contact. Collection of Evidence where a follow-up action against a person or agency after an information security incident involves legal action (either civil or criminal), evidence shall be collected, retained, and presented to confirm to the rules for evidence. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Records Maintenance and Release - 386 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Records Maintenance and Release Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Records Maintenance and Release - 387 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Computers and Digital Evidence 804.1 PURPOSE AND SCOPE This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCDs) digital cameras, digital recorders and other electronic devices that are capable of storing digital information; and for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 804.1.1 POLICY STATEMENT Seizing computers for evidentiary reasons involves many complex legal issues. No computer may be seized without prior notification and approval by a supervisor. 804.2 SEIZING COMPUTERS AND RELATED EVIDENCE (a) Accessing computer files: Computers can be easily set up with a trap that will destroy programs if it is activated; therefore, employees not specifically trained in computer forensics will not perform any function with the computer while seizing it. (b) Photographing: Prior to touching the computer or any of its components officers will photograph the entire computer set-up, to include: 1. anything displayed on the monitor 2. the wiring (also diagram) 3. any documents or manuals related to computer operations (c) When preparing a computer for transport officers will: 1. never turn on/off the computer 2. not unplug the computer from the power source (if something must be unplugged then pull the connection at the rear of the computer, printer, etc.) 3. not touch a diskette that is in a drive (seal the drive with tape to prevent removal of the diskette) 4. only disassemble to facilitate transport 5. always mark both ends when disconnecting wires to indicate how the wires were connected 6. tag all computer components and record identification number/information 7. cover the keyboard with cardboard to protect the keys 8. collect any evidence of ownership (d) Transportation: Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Computers and Digital Evidence - 388 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Computers and Digital Evidence components will not be transported near radio antennas or power supplies 2. diskettes will be kept away from electromagnetic fields Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Computers and Digital Evidence - 389 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Criminal History Record Information (CHRI) 805.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Tukwila Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Maintenance and Release Policy. 805.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Tukwila Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 805.2 POLICY Members of the Tukwila Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 805.3 RESPONSIBILITIES The Chief of Police shall select a member of the Department to coordinate the use of protected information. The responsibilities of this position include, but are not limited to: (a) Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Department of Licensing (DOL) records and the Washington Crime Information Center (WACIC). (b) Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice's current Criminal Justice Information Services (CJIS) Security Policy. (c) Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. (d) Developing procedures to ensure training and certification requirements are met. (e) Resolving specific questions that arise regarding authorized recipients of protected information. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Criminal History Record Information (CHRI) - Published with permission by Tukwila Police Department 390 Tukwila Police Department Tukwila PD Policy Manual Criminal History Record Information (CHRI) (f) Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. 805.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Tukwila Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work -related reason for such access. Unauthorized access, including access for other than a legitimate work -related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. Visitors must: 1. Be accompanied by an agency personnel escort at all times to include delivery or service personnel. An escort is identified as authorized personnel who will accompany a visitor at all times while with a physically secure location to ensure the protection and integrity of the physically secure location and any CHRI therin. 2. Show a valid form of photo identification. 3. Not be allowed to view screen information. 4. Strangers in physically secure areas without escort should be challenged. 5. Not be allowed to sponsor another visitor. 6. Photographs are not allowed without permission of the Tukwila Police Department assigned personnel. Be referred to the proper agency point of contact for scheduling requests for tours. Visitor rules apply for each visitor within the group. The group leader will provide a list of names to the front desk for instances of emergency evacuation and accountability of each visitor while on agency premises. Authorized physical access: Only authorized personnel will have non -escorted access of physically secure non-public locations, including access to locations that have Criminal Justice Information (CJI) physical and logical access. Authorized personnel will take necessary steps to prevent and protect the agency from physical, logical or electronic breaches. The agency will implement access controls for physically secure areas to protect all transition and display mediums of CHRI. Perimeter doors and non-public locations will be securely locked and will automatically lock after entry or departure. Perimeter doors will never be propped open and each authorized staff entering the non-public locations will take measures to prevent unauthorized staff from entering the area. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Criminal History Record Information (CHRI) - Published with permission by Tukwila Police Department 391 Tukwila Police Department Tukwila PD Policy Manual Criminal History Record Information (CHRI) All physical access points the agency's secure areas will be authorized before granting access. The Tukwila Police Department will maintain and keep current a list of authorized personnel who have been granted non -escorted access. Requirements for authorization include a state of residency and fingerprint -based background check and Security Awareness Training. Security Awareness training must be taken every two years. Before accessing all confidential data, personnel must be aware of their surroundings and take appropriate action to protect all confidential information, including protecting all terminal monitors with viewable CJI displayed on the monitor and not allowing viewing by the pub;lic or escorted visitors. When personnel no longer need access to non public locations and/or no longer employed by the Tukwila Police Department, access is revoked. 805.4.1 PENALTIES FOR MISUSE OF RECORDS It is a misdemeanor to furnish, buy, receive or possess criminal history record information without authorization by Washington law (RCW 10.97.120). Divulging the content of any criminal record to anyone other than authorized personnel is a violation of the Standards of Conduct Policy. Employees who obtain, or attempt to obtain, information from the department files other than that to which they are entitled in accordance with their official duties is a violation of the Standards of Conduct Policy. 805.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know (RCW 10.97.050). A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Senior Manager for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Support Operations to ensure proper documentation of the release (see the Records Maintenance and Release Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of officers, other department members or the public is at risk. When CJI is physically moved from a secure location to a non secure location, appropriate controls must be taken not prevent data compromise and/or unauthorized access. Hardcopy printouts of CJI can only be released to Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Criminal History Record Information (CHRI) - Published with permission by Tukwila Police Department 392 Tukwila Police Department Tukwila PD Policy Manual Criminal History Record Information (CHRI) authorized personnel in a secure envelope and should only be shared on a "need to know" basis. Printouts should be shredded when no longer needed. Nothing in this policy is intended to prohibit broadcasting warrant information. 805.5.1 REVIEW OF CRIMINAL OFFENDER RECORD An individual may review his/her criminal history record information held by this department after complying with established department requirements as authorized by RCW 10.97.080. 805.6 SECURITY OF PROTECTED INFORMATION The Chief of Police will select a member fo the Department to coordinate with Tukwila TIS POC to oversee the security of protected information. The responsibilities of this position include but are not limited to: (a) Developing and maintaining security practices, procedures, and training. (b) Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c) Establishing procedures to provide for the preparation, prevention, detection, analysis, and containment of security incidents, including computer attacks. (d) Tracking, documenting, and reporting all breach of security incidents to the Chief of Police and appropriate authorities (RCW 19.255.010; RCW 42.56.590). 805.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an unattended computer terminal). 805.7 TRAINING All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. 805.8 RELIGIOUS AFFILIATION DISCLOSURE Members shall not release personal information from any agency database for the purpose of investigation or enforcement of any government program compiling data on individuals based on religious belief, practice, affiliation, national origin, or ethnicity (RCW 42.60.020). Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Criminal History Record Information (CHRI) - Published with permission by Tukwila Police Department 393 Tukwila Police Department Tukwila PD Policy Manual Animal Control 808.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals. 808.2 POLICY It is the policy of the Tukwila Police Department to be responsive to the needs of the community regarding animal -related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal -related problems, as outlined in this policy. 808.3 ANIMAL CONTROL RESPONSIBILITIES Animal control services are generally the primary responsibility of King County Animal Control and include the following: (a) Animal -related matters during periods when King County Animal Control is available. (b) Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that King County Animal Control is available for investigation and resolution. (c) Follow-up on animal -related calls, such as locating owners of injured animals. 808.4 MEMBER RESPONSIBILITIES Members who respond to or assist with animal -related calls for service should evaluate the situation to determine appropriate actions to control the situation. Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture or pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance. Members may consider acting before the arrival of such assistance when: (a) There is a threat to public safety. (b) An animal has bitten someone. Members should take measures to confine the animal and prevent further injury. (c) An animal is creating a traffic hazard. (d) An animal is seriously injured. (e) The owner/handler of an animal has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal. 1. This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Animal Control - 394 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Animal Control 2. With the owner's consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal. 3. If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility. (f) The animal is safe to handle. 808.5 ANIMAL CRUELTY COMPLAINTS Laws relating to the cruelty to animals should be enforced, including but not limited to RCW 9.08.070 (cruelty to pets), RCW 16.52.117 (animal fighting), RCW 16.52.205 (animal cruelty) and RCW 16.52.320 (cruelty to livestock). (a) An investigation should be conducted on all reports of animal cruelty. (b) Legal steps should be taken to protect an animal that is in need of immediate care or protection from acts of cruelty. 808.5.1 REMOVAL OF ANIMALS An officer who has probable cause to believe that an animal is subject to cruelty may obtain a warrant for removal of the animal when there is no responsible person to assume care of the animal and a good faith effort to contact the animal's owner has first been attempted. If an animal is in immediate life -threatening condition, a warrant need not be obtained. The animal may be removed to a suitable place for feeding and care or placed under the custody of King County Animal Control (RCW 16.52.085). When an animal is removed, written notice shall be provided to the owner regarding the circumstances of the removal and the legal remedies available to the owner. The notice shall be given by posting at the place of the seizure, by delivery to a person residing at the place of seizure or by registered mail if the owner is known (RCW 16.52.085). The officer who removed the animal may authorize an examination by a veterinarian to determine whether neglect or abuse is sufficient to require removal of the animal (RCW 16.52.085). 808.5.2 ANIMALS EXPOSED TO EXCESSIVE HEAT OR COLD, LACK OF VENTILATION OR LACK OF NECESSARY WATER Officers may, in exigent circumstances, enter a vehicle or enclosed space other than a residence to save the life of an animal suffering harm from exposure to excessive heat or cold or lack of necessary ventilation or water when there is no person present in the immediate area who has access to the vehicle or enclosed space and is willing to immediately remove the animal (RCW 16.52.340). In all other cases, a court order should be obtained when necessary to enter a vehicle or structure to protect the life of an animal. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Animal Control - 395 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Animal Control 808.6 ANIMAL BITE REPORTS Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal. 808.7 STRAY DOGS If the dog has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the dog should be released to the owner and a citation may be issued, if appropriate. If a dog is taken into custody, it shall be transported to the appropriate shelter/ holding pen. Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter). 808.8 DANGEROUS ANIMALS In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Shift Sergeant will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency. 808.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality -of -life issues. Nuisance calls will be refered to Animal Control for follow up. 808.10 DECEASED ANIMALS When a member becomes aware of a deceased animal, all reasonable attempts should be made to preliminarily determine if the death of the animal is related to criminal activity. Deceased animals on public property should be refered to public works for removal. Members should not climb onto or under any privately owned structure for the purpose of removing a deceased animal. 808.11 INJURED ANIMALS When a member becomes aware of an injured domesticated animal, all reasonable attempts should be made to contact an owner or responsible handler. If an owner or responsible handler cannot be located, the animal should be taken to a designated animal care facility. 808.12 DESTRUCTION OF ANIMALS When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor and whenever possible, in consultation with a licensed veterinarian and the owner of the animal (RCW 16.52.210). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Animal Control - 396 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 9 - Custody Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custody - 397 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Adults 900.1 PURPOSE AND SCOPE This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Tukwila Police Department for processing prior to being released or transferred to a housing or other type of facility. Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy. Juveniles will not be permitted where adults in custody are being held. Custodial searches are addressed in the Custodial Searches Policy. 900.2 RELEASE AND/OR TRANSFER When an individual is released or transferred from custody, the member releasing the individual should ensure the following: (a) All proper reports, forms and logs have been completed prior to release. (b) A check has been made to ensure that the individual is not reported as missing and does not have outstanding warrants. (c) It has been confirmed that the correct individual is being released or transported. (d) All property, except evidence, contraband or dangerous weapons, has been returned to, or sent with, the individual. (e) All pertinent documentation accompanies the individual being transported to another facility (e.g., copies of booking forms, medical records, an itemized list of his/her property, warrant copies). (f) The individual is not permitted in any nonpublic areas of the Tukwila Police Department unless escorted by a member of the Department. (g) Any known threat or danger the individual may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation transported with the individual if he/she is being sent to another facility. 1. The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (h) Generally, persons of the opposite sex, or adults and juveniles, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating individuals is not practicable, officers should be alert to inappropriate physical or verbal contact and take appropriate action as necessary. (i) Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the person being transferred to assist with his/her personal needs as reasonable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Adults - 398 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Custody of Adults 900.2.1 TRANSFER TO HOSPITAL When an individual in custody for a violent or sex offense is taken to a hospital, the transporting officer shall remain with, or secure, the individual while the individual is receiving care, unless (RCW 10.110.020; RCW 10.110.030): (a) The medical care provider determines the individual does not need to be accompanied or secured. (b) The officer notifies the medical care provider that the officer is leaving after reasonably determining: 1. The individual does not present an imminent and significant risk of causing physical harm to themselves or another person. 2. There is no longer sufficient evidentiary basis to maintain the individual in custody. 3. In the interest of public safety, his/her presence is urgently required at another location and supervisor approval is obtained. (a) The officer shall make a reasonable effort to ensure a replacement officer is provided or other means of securing the individual is provided as soon as possible. 900.3 ASSIGNED ADMINISTRATOR The Patrol Division Commander will ensure any reasonably necessary supplemental procedures are in place to address the following issues: (a) General security (b) Key control (c) Sanitation and maintenance (d) Emergency medical treatment (e) Escapes (f) Evacuation plans (g) Fire and life -safety (h) Disaster plans (i) Building and safety code compliance 900.4 TRAINING Department members should be trained and familiar with this policy and any supplemental procedures. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Temporary Custody of Adults - 399 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches 901.1 PURPOSE AND SCOPE This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Tukwila Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public. Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody. 901.2 POLICY Pat -Down Search - The normal type of search used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the prisoner, or other prisoners. Custody Search - An in -custody search of an individual and of his/her property, shoes, and clothing, including pockets, cuffs, and folds on the clothing, to remove all weapons, dangerous items and contraband. Booking Search - A search used in the jail and again involves a thorough patting down of an individual's clothing. All pockets, cuffs and folds of the clothing are checked to locate all personal property, contraband, or weapons. The prisoner's personal property is taken and inventoried. Strip Search - A search that requires a person to remove or rearrange some or all of his/ her clothing to permit a visual inspection of the underclothing, breasts, buttocks or genitalia of such person (RCW 10.79.070(1)). This includes monitoring of an arrestee showering or changing clothes where the arrestee's private underclothing, buttocks, genitalia or female breasts are visible to the monitoring employee. Physical Body Cavity Search - The touching or probing of a person's body cavity, whether or not there is actual penetration of the body cavity (RCW 10.79.070(2)). Body cavity means the stomach or rectal cavity of a person and the vagina of a female (RCW 10.79.070(3)). 901.3 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 400 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches 901.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Tukwila Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search. Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility. 901.5 STRIP SEARCHES No individual in temporary custody at any Tukwila Police Department facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing a weapon or contraband that constitutes a threat to the facility. Probable cause is required for a strip search when there is a belief the individual is concealing on his/her body evidence not constituting a threat to the facility (RCW 10.79.130). Factors to be considered in determining reasonable suspicion or probable cause include, but are not limited to (RCW 10.79.140): (a) The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. (b) Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. 1. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c) Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts). (d) The individual's actions or demeanor. (e) Criminal history (i.e., level of experience in a custody setting). (f) The nature of the offense. No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual's genital status. If the individual's genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115). 901.5.1 STRIP SEARCH PROCEDURES Strip searches at Tukwila Police Department facilities shall be conducted as follows (28 CFR 115.115): Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 401 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches (a) Written authorization from the Shift Sergeant shall be obtained prior to the strip search. (b) All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner (RCW 10.79.100). (c) All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording. (d) Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence. (e) Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. (f) The primary member conducting the search shall prepare a written report to include (RCW 10.79.150): 1. The facts that led to the decision to perform a strip search. 2. The reasons less intrusive methods of searching were not used or were insufficient. 3. The written authorization for the search, obtained from the Shift Sergeant. 4. The name of the individual who was searched. 5. The name, serial number of the officer and sex of the members who conducted the search. 6. The name, sex and role of any person present during the search. 7. The time and date of the search. 8. The place at which the search was conducted. 9. A list of the items, if any, that were recovered. 10. The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband. 11. Any health condition discovered. (g) No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is showering, performing bodily functions or changing clothes, unless he/she otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 402 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches (h) Except at the request of the individual, no person, other than those who are participating in the search, shall be present or able to observe the search (RCW 10.79.150). (i) A copy of the written authorization shall be maintained in the file of the individual who was searched (RCW 10.79.150). 901.6 PHYSICAL BODY CAVITY SEARCH Physical body cavity searches shall be subject to the following: (a) No individual shall be subjected to a physical body cavity search without written approval of the Shift Sergeant and only upon a search warrant. If authorization from the Shift Sergeant is received electronically, it shall be printed and signed by the Shift Sergeant as soon as possible (RCW 10.79.080). A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). (b) Only a qualified physician, registered nurse or physician's assistant may conduct a physical body cavity search (RCW 10.79.100). (c) Except for the qualified physician, registered nurse or physician's assistant conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department members needed to maintain the safety and security of the medical personnel shall be present. (d) Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. (e) All such searches shall be documented, including (RCW 10.79.080): 1. The facts that led to the decision to perform a physical body cavity search of the individual. 2. The reasons less intrusive methods of searching were not used or were insufficient. 3. The Shift Sergeant's approval. 4. A copy of the search warrant. 5. The time, date, location and description of the search. 6. The medical personnel present. 7. The names, sex and roles of any department members present. 8. A statement of the results of the search and a list of any contraband or weapons discovered by the search. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 403 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches (f) A copy of the written authorization shall be retained and made available to the individual who was searched or other authorized representative upon request. (9) Before any physical body cavity search is authorized or conducted, a thorough pat - down search, a thorough electronic metal -detector search and a thorough clothing search, as appropriate, must be used. No physical body cavity search shall be authorized or conducted unless these other methods do not satisfy the safety, security or evidentiary concerns of the department (RCW 10.79.080). (h) The Shift Sergeant may allow the individual to have a readily available witness, of the individual's choosing, present at the time the search is conducted. The person chosen shall not be currently in custody or present an unreasonable security risk (RCW 10.79.100). 901.7 TRAINING The Training Officer shall ensure members have training that includes (28 CFR 115.115): (a) Conducting searches of cross -gender individuals. (b) Conducting searches of transgender and intersex individuals. (c) Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. The search must be conducted by a physician, registered nurse, or physician's assistant. 901.8 DOCUMENTATION OF A BODY CAVITY SEARCH The officer requesting a body cavity search shall prepare and sign a report regarding the body cavity search, which shall include (RCW 10.79.080(4)): (a) A copy of the written authorization required under Policy Manual § 902.6(b). (b) A copy of the warrant and any supporting documents. (c) The name and sex of all persons conducting or observing the search. (d) The time, date, place and description of the search. (e) A statement of the results of the search and a list of any items removed from the person as a result of the search. 901.9 TRAINING The Defensive Tactics trainers should include periodic training for members have training in (28 CFR 115.115): Conducting searches properly in a professional and respectful manner and in the least intrusive manner possible, consistent with security needs. Conducting cross -gender searches. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 404 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Custodial Searches Conducting searches of transgender and intersex prisoners. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Custodial Searches - 405 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Chapter 10 - Personnel Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel - 406 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection 1000.1 PURPOSE AND SCOPE This policy provides a framework for employee recruiting efforts and identifying job -related standards for the selection process. This policy supplements the rules that govern employment practices for the Tukwila Police Department and that are promulgated and maintained by the Human Resources Department. 1000.2 POLICY In accordance with applicable federal, state, and local law, the Tukwila Police Department provides equal opportunities for applicants and employees, regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, or any other protected class or status. The Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law. The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 1000.3 RECRUITMENT The Department should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates. The strategy should include: (a) Identification of racially and culturally diverse target markets. (b) Use of marketing strategies to target diverse applicant pools. (c) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and the use of department -managed social networking sites, if resources permit. (d) Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities and the military. (e) Employee referral and recruitment incentive programs. (f) Consideration of shared or collaborative regional testing processes. The Department shall avoid advertising, recruiting and screening practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory manner. The Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of his/her status in the recruiting process. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 407 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection 1000.3.1 HIRING REQUIREMENTS Applicants must: (a) Be at least 21 years of age at the time of hire for commisioned officers, at least 18 years of age for non-commissioned employees (b) Be a United States citizen, with the ability to fluently read, write and speak the English language (c) Have a high school degree, or GED equivalent (d) Obtain a Washington drivers license within 6 months of being hired (e) Have vision that is 20/100 in each eye without correction, and corrected to 20/20 in the better eye and 20/30 in the lesser eye (f) Be able to meet and conform to department personal appearance standards 1000.3.2 AUTOMATIC DISQUALIFIERS 1. CRIMINAL VIOLATIONS Honesty and integrity are essential traits for a successful career in law enforcement. Any false statements, lack of candor, cheating or failure to fully divulge requested information may result in an immediate disqualification from the hiring process. (a) Any adult felony conviction on current criminal record at the time of application. (b) Any juvenile felony conviction within the past five years. (c) Conviction of any crime of violence, including domestic violence. (d) Commission of any sexual offense within the past 10 years. (e) Any conviction of a felony crime at any time while employed in any capacity with a law enforcement agency (including volunteer, intern, explorer and reserve officer positions). (f) Any theft of property or money within the past five years. (g) Any conviction for a sex related crime. (h) Ever having register as a sex offender, regardless of conviction status. (i) Any conviction for solicitation of prostitution. (j) Any misdemeanor convictions for crimes not specifically stated above will be reviewed on a case -by -case basis. 2. TRAFFIC VIOLATIONS (a) Any criminal traffic conviction within the past five years. Violation examples include, but are not limited to: Driving Under the Influence (DUI), Reckless Driving, Negligent Driving or Hit and Run Driving. (b) Suspension or revocation of a driver's license (for any traffic violations) within five years of the date of employment application. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 408 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection (c) Any more than two criminal convictions for traffic related offenses. 3. FINANCIAL RECORD (a) Any willful failure to pay income tax or court ordered child support. 4. MILITARY RECORD (a) Must have been discharged from the military under honorable conditions. Any discharge other than honorable will be evaluated on a case -by -case basis. 5. POTENTIAL DISQUALIFIERS (a) Any applicant who maintains an on -going relationship with individuals who are criminals and/or are reputed to be involved in recent or current criminal activity. (b) An applicant's criminal record, including all arrests, prosecutions, deferred prosecutions, "Alford" pleas and non -conviction information will be thoroughly assessed and may be grounds for disqualification. (c) Commission of any crime (non -conviction). 1000.4 SELECTION PROCESS The Department shall actively strive to identify a diverse group of candidates that have in some manner distinguished themselves as being outstanding prospects. Minimally, the Department should employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following: (a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record) (b) Driving record (c) Reference checks (d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form 1-9 and acceptable identity and employment authorization documents. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (e) Information obtained from public internet sites (f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) (g) Local, state, and federal criminal history record checks Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 409 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection (h) Polygraph or voice stress analyzer (VSA) examination (when legally permissible) (RCW 43.101.095; WAC 139-07-040) (i) Medical and psychological examination (may only be given after a conditional offer of employment) 0) Review board or selection committee assessment 1000.4.1 VETERAN PREFERENCE The Department will provide veteran preference percentages as requied (RCW 41.04.010). 1000.5 BACKGROUND INVESTIGATION Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate's unsuitability to perform duties relevant to the operation of the Tukwila Police Department (RCW 43.101.095). 1000.5.1 NOTICES Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA (15 USC § 1681d). 1000.5.2 REVIEW OF SOCIAL MEDIA SITES Due to the potential for accessing unsubstantiated, private or protected information, the background investigator shall not require candidates to provide passwords, account information or access to password -protected social media accounts (RCW 49.44.200). The Department should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches and/or review information from social media sites to ensure that: (a) The legal rights of candidates are protected. (b) Material and information to be considered are verified, accurate and validated. (c) The Department fully complies with applicable privacy protections and local, state and federal law. Regardless of whether a third party is used, the background investigator should ensure that potentially impermissible information is not available to any person involved in the candidate selection process. 1000.5.3 DOCUMENTING AND REPORTING The background investigator shall summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation shall be included in the candidate's background Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 410 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection investigation file. These files shall be stored in a secured manner and made available only to those who are authorized to participate in the selection process. 1000.5.4 RECORDS RETENTION The background report and all supporting documentation shall be maintained in accordance with the established records retention schedule. 1000.6 DISQUALIFICATION GUIDELINES As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following: • Age at the time the behavior occurred • Passage of time • Patterns of past behavior • Severity of behavior • Probable consequences if past behavior is repeated or made public • Likelihood of recurrence • Relevance of past behavior to public safety employment • Aggravating and mitigating factors • Other relevant considerations A candidate's qualifications will be assessed on a case -by -case basis, using a totality -of -the - circumstances framework. 1000.7 EMPLOYMENT STANDARDS All candidates shall meet the minimum standards required by state law (RCW 43.101.095; RCW 43.101.200). Candidates will be evaluated based on merit, ability, competence and experience, in accordance with the high standards of integrity and ethics valued by the Department and the community. Validated, job -related and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge and skills required to perform the position's essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Human Resources Department should maintain validated standards for all positions. 1000.7.1 STANDARDS FOR OFFICERS Candidates shall meet the following minimum standards established by the Washington State Criminal Justice Training Commission (WSCJTC) (RCW 43.101.095): (a) Be eligible for WSCJTC certification (b) Submit to a psychological evaluation Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 411 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Recruitment and Selection (c) Submit to a polygraph examination (d) Submit to a criminal history check (e) Not been convicted of a felony offense Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Recruitment and Selection - 412 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Evaluation of Employees 1001.1 PURPOSE AND SCOPE The Department's employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement. 1001.2 POLICY The Tukwila Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to promotion, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. Employee's strengths and weaknesses should be evaluated and recorded on an ongoing basis. Employees should be given the chance to know and understand expectations and performance criteria. All supervisors and managers shall keep an ongoing performance file on each employee they supervise. This file shall include a log that should be regularly updated and reflect the actual work performed by the employee. Employees may view their logs upon request and should be made aware of anything recorded in the log. Supervisors shall rate their employees based on the standards and not how the employee compares to his/her peers. The Department evaluates employees in a non-discriminatory manner based upon job -related factors specific to the employee's position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1001.3 FULL TIME PROBATIONARY PERSONNEL Non -sworn personnel while on probation are evaluated weekly while on initial training. For the remainder of the probationary period, an evaluation is completed quarterly based on their date of hire. Sworn personnel while on probation are evaluated daily while in Field Training, and monthly during the remainder of their probationary period. 1001.4 NON -PROBATIONARY PERSONNEL Permanent employees are subject to three types of performance evaluations: Regular - An Employee Performance Evaluation shall be completed once each year by the employee's immediate supervisor on the anniversary of the employee's date of hire except for employees who have been promoted in which case an Employee Performance Evaluation shall be completed on the anniversary of the employee's date of last promotion. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Evaluation of Employees - 413 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Evaluation of Employees Change of Supervisor - If an employee's supervisor changed during the evaluation period, any previous supervisors shall provide the current supervisor a memorandum of input regarding the employee's performance. 1001.4.1 RATINGS CRITERIA When completing the Employee Performance Evaluation, the rater will select the appropriate number in the column that best describes the employee's performance. The definition of each rating category is as follows: E; Exceeds Standards - Surpasses performance standards at least 90% of the time. Rating must be justified with specific incidents or examples of overall performance. M; Meets Standards - Equivalent to performance at department standard. Performance level of the majority of employees. N; Needs Improvement - Employee does not meet requirements but demonstrates capability of improvement with additional training and/or supervision. Comments must justify rating. U; Unacceptable - Is Employee does not demonstrate sufficient competence to fulfill job requirements despite additional supervision and assistance. Comments must justify rating. 1001.5 EVALUATION INTERVIEW When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation. Permanent employees may also write comments in the Employee Comments section of the performance evaluation report. 1001.6 EVALUATION REVIEW After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Division Commander). The Division Commander shall review the evaluation for syntax, fairness, impartiality, uniformity, and consistency. The Division Commander shall evaluate the supervisor on the quality of ratings given. The evaluation will be routed through the Chain of Command to the Chief of Police, who will be the final approving authority. 1001.7 EVALUATION DISTRIBUTION The original performance evaluation shall be maintained in the employee's personnel file in Human Resources. A copy will be given to the employee. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Evaluation of Employees - 414 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Evaluation of Employees 1001.8 REMEDIAL TRAINING At any time during an evaluation period, should an employee fail to perform a job function at the level prescribed in this policy manual, remedial training may be necessary to ensure that the employee has the knowledge and skills necessary to perform at an acceptable level. Whenever an employee receives an evaluation rating of unacceptable, or is receiving discipline for a performance deficiency, the supervisor should consider whether remedial training would be appropriate to assist the employee in improving their performance. (a) If remedial training is deemed to be appropriate, the supervisor shall document the following items in a Personnel Improvement Plan (PIP): 1. The remedial training being provided. 2. The timeline for providing the training. 3. The timeline for evaluating the employee's subsequent performance. 4. The consequences if the employee fails to perform. 5. The desired outcome if the remediation is successful. The remedial training process is for use with all employees. It is not limited to use with probationary employees. The PIP will be reviewed and distributed as described in this policy, sections 1002.6 and 1002.7. The progress or final results of a PIP may be documented in the next annual employee evaluation. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Evaluation of Employees - 415 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Anti -Retaliation 1001.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non -retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members' access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance, or collective bargaining agreement or memorandum of understanding. 1001.2 POLICY Tukwila Police Department members shall take reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1001.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: • Refusing to hire or denying a promotion. • Extending the probationary period. • Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. • Taking unwarranted disciplinary action. • Spreading rumors about the person filing the complaint or about the alleged wrongdoing. • Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Anti -Retaliation - 416 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Anti -Retaliation 1001.4 COMPLAINTS OF RETALIATION Any memberwho feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police or the City Human Resources Director. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member's identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1001.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a) Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (b) Receiving all complaints in a fair and impartial manner. (c) Documenting the complaint and any steps taken to resolve the problem. (d) Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e) Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f) Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g) Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h) Not interfering with or denying the right of a member to make any complaint. (i) Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Anti -Retaliation - 417 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Anti -Retaliation 1001.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a) Communicating to all members the prohibition against retaliation. (b) The timely review of complaint investigations. (c) Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d) The timely communication of the outcome to the complainant. 1001.7 WHISTLE -BLOWING Washington law protects employees who make good faith reports of improper government actions. Improper government actions include violations of Washington law, abuse of authority, gross waste of funds, and substantial and specific danger to the public health or safety (RCW 42.40.010 et seq.; RCW 49.60.210; RCW 42.41.010 et seq.). Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Professional Standards for investigation pursuant to the Personnel Complaints Policy. 1001.8 TRAINING The policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Anti -Retaliation - 418 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Reporting of Employee Charged with a Crime or Respondent in a Court Order 1002.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform official duties; therefore, all employees shall be required to promptly notify the Department of any past and current criminal convictions. 1002.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS Washington and federal law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1002.3 REPORTING PROCEDURE All members of this department and all retired officers with an identification card issued by the Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest or conviction regardless of whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any. All members and all retired officers with an identification card issued by the Department shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing if the member or retiree becomes the subject of a domestic violence restraining order or similar court order. Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Reporting of Employee Charged with a Crime Published with permission by Tukwila Police Department or Respondent in a Court Order - 419 Tukwila Police Department Tukwila PD Policy Manual Drug- and Alcohol -Free Workplace 1003.1 PURPOSE AND SCOPE The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace. 1003.2 POLICY It is the policy of this department to provide a drug- and alcohol -free workplace for all members. 1003.3 GENERAL GUIDELINES Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Such use shall not be tolerated (41 USC § 8103). Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Shift Sergeant or appropriate supervisor as soon as the member is aware that he/she will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on -duty, he/she shall be immediately removed and released from work (see Work Restrictions in this policy). 1003.3.1 USE OF MEDICATIONS Members should avoid taking any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to his/her immediate supervisor prior to commencing any on - duty status. No member shall be permitted to work or drive a vehicle owned or leased by the Department while taking any medication that impairs his/her abilities, without a written release from his/her physician. Possession of medical marijuana or being under the influence of marijuana on- or off -duty is prohibited and may lead to disciplinary action (RCW 69.51A.060(6)). 1003.4 MEMBER RESPONSIBILITIES Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on department premises or on department time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition. Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on -duty performance. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Drug- and Alcohol -Free Workplace - 420 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Drug- and Alcohol -Free Workplace Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use. Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 1003.5 EMPLOYEE ASSISTANCE PROGRAM There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Human Resources Department, their insurance providers or the employee assistance program for additional information. 1003.6 WORK RESTRICTIONS If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work. If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the Department. 1003.7 REQUESTING SCREENING TESTS A supervisor may order an employee to submit to a screening test if the supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing his/her ability to perform duties safely and efficiently. 1003.7.1 SUPERVISOR RESPONSIBILITY The supervisor shall prepare a written record documenting the specific facts that led to the decision to order the test, and shall inform the employee in writing of the following: (a) The test will be given to detect either alcohol or drugs, or both. (b) The result of the test is not admissible in any criminal proceeding against the employee. (c) The employee may refuse the test, but refusal may result in disciplinary action. 1003.7.2 SCREENING TEST REFUSAL An employee may be subject to disciplinary action if he/she: (a) Fails or refuses to submit to a screening test as requested. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Drug- and Alcohol -Free Workplace - 421 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Drug- and Alcohol -Free Workplace (b) After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that he/she took the controlled substance as directed, pursuant to a current and lawful prescription issued in his/her name. (c) Violates any provisions of this policy. 1003.8 COMPLIANCE WITH THE DRUG -FREE WORKPLACE ACT No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the Department will review the incident and take appropriate disciplinary action consistent with just cause,and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104). 1003.9 CONFIDENTIALITY The Department recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatmentshall only be with the express written consent of the member involved or pursuant to lawful process. The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained separately from the employee's other personnel files. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Drug- and Alcohol -Free Workplace - 422 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sick Leave 1004.1 PURPOSE AND SCOPE This policy provides general guidance regarding the use and processing of sick leave. The accrual and terms of use of sick leave for eligible employees are detailed in the City personnel manual or applicable labor agreement. This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) or the Washington Paid Family and Medical Leave program (PFML) (29 USC § 2601 et seq.; RCW 50.04.010 et seq.). 1004.2 POLICY It is the policy of the Tukwila Police Department to provide eligible employees with a sick leave benefit. 1004.3 USE OF SICK LEAVE Sick leave is intended to be used for qualified absences (RCW 49.46.210). Sick leave is not considered vacation. Abuse of sick leave may result in discipline, denial of sick leave benefits, or both (WAC 296-128-750). Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury or illness (see the Outside Employment Policy). Qualified appointments should be scheduled during a member's non -working hours when it is reasonable to do so. 1004.3.1 NOTIFICATION All members should notify the Shift Sergeant or appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than two hours before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor (WAC 296-128-650). When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible and practicable, provide the Department with no less than 10 days' notice of the impending absence (WAC 296-128-650). Upon return to work, members are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sick Leave - 423 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Sick Leave 1004.4 EXTENDED ABSENCE Members absent from duty for more than three consecutive days may be required to furnish verification supporting the need to be absent and/or the ability to return to work (RCW 49.46.210; WAC 296-128-660). Members on an extended absence shall, if possible, contact their supervisors at specified intervals to provide an update on their absence and expected date of return. 1004.5 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a) Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy. (b) Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the Human Resources Department as appropriate. (c) When appropriate, counseling members regarding inappropriate use of sick leave. (d) Referring eligible members to an available employee assistance program when appropriate. 1004.6 PERSONNEL AGENCY The Human Resources Director shall ensure: (a) Written or electronic notice is provided to each employee regarding applicable paid sick leave provisions as required by WAC 296-128-760. (b) This Sick Leave Policy is readily available to all employees. (c) Employee records are retained and preserved regarding paid sick leave information and data as required by WAC 296-128-010. 1004.7 RETALIATION No employee shall be retaliated against for using qualifying sick leave (WAC 296-128-770). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Sick Leave - 424 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communicable Diseases 1005.1 PURPOSE AND SCOPE This policy provides general guidelines to assist in minimizing the risk of department members contracting and/or spreading communicable diseases. 1005.1.1 DEFINITIONS Definitions related to this policy include: Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis. Exposure - When an eye, mouth, mucous membrane or non -intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member's position at the Tukwila Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1005.2 POLICY The Tukwila Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. 1005.3 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes (WAC 296-823.100 et seq.): (a) Exposure -prevention and decontamination procedures. (b) Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure. (c) The provision that department members will have no -cost access to the appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) for each member's position and risk of exposure. (d) Evaluation of persons in custody for any exposure risk and measures to separate them. (e) Compliance with all relevant laws or regulations related to communicable diseases, including: 1. Bloodborne pathogen mandates including but not limited to (WAC 296-823-110 et seq.): (a) The identification of positions with the potential for exposure. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communicable Diseases - 425 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communicable Diseases (b) Measures to eliminate or minimize occupational exposure and how members will be informed of those measures. (c) A plan for the distribution and use of personal protective equipment (PPE) related to communicable diseases. (d) Directions for appropriate labeling of contaminated items. (e) Rules regarding worksite maintenance. (f) Rules regarding waste. (g) Confidentiality requirements and medical protocols. (h) Maintenance of training and medical records. 2. The Washington Industrial Safety and Health Act (RCW 49.17.010 et seq.; WAC 296-800-110 et seq.). 3. Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136). The ECO should also act as the liaison with the Washington Division of Occupational Safety and Health (DOSH) and may request voluntary compliance inspections. The ECO should annually review and update the exposure control plan and review implementation of the plan (WAC 296-823-11010). 1005.4 EXPOSURE PREVENTION AND MITIGATION 1005.4.1 GENERAL PRECAUTIONS All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to: (a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area or department vehicles, as applicable. (b) Wearing department -approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non -intact skin can be reasonably anticipated. (c) Washing hands immediately or as soon as feasible after removal of gloves or other PPE. (d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease. (e) Using an appropriate barrier device when providing CPR. (f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease. (g) Decontaminating non -disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communicable Diseases - 426 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communicable Diseases 1. Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/ decontaminated appropriately. (h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture -resistant containers for their storage and/or transportation. (i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j) Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored. 1005.4.2 IMMUNIZATIONS Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (WAC 296-823-130). 1005.5 POST EXPOSURE 1005.5.1 INITIAL POST -EXPOSURE STEPS Members who experience an exposure or suspected exposure shall: (a) Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b) Obtain medical attention as appropriate. (c) Notify a supervisor as soon as practicable. 1005.5.2 REPORTING REQUIREMENTS The supervisor on -duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented (WAC 296-823-16005): (a) Name and Social Security number of the member exposed (b) Date and time of the incident (c) Location of the incident (d) Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source) (e) Work being done during exposure (f) How the incident occurred or was caused (g) PPE in use at the time of the incident (h) Actions taken post -event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communicable Diseases - 427 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communicable Diseases The supervisor should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Occupational Disease and Work -Related Injury Reporting Policy). 1005.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Department members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary (WAC 296-823-16005). The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information: (a) Whether the member has been informed of the results of the evaluation. (b) Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. No other information should be requested or accepted by the ECO. 1005.5.4 COUNSELING The Department shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure (WAC 296-823-16005). 1005.5.5 SOURCE TESTING Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate. Source testing is the responsibility of the ECO (WAC 296-823-16010). If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member's supervisor to ensure testing is sought. Source testing may be achieved by: (a) Obtaining consent from the individual. (b) In the event that consent cannot be obtained, by contacting the local health authority who may pursue testing of the source individual for HIV or other communicable diseases (RCW 70.24.340; WAC 246-100-205). Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing. The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communicable Diseases - 428 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Communicable Diseases 1005.6 CONFIDENTIALITY OF REPORTS Medical information shall remain in confidential files and shall not be disclosed to anyone without the member's written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well. 1005.7 TRAINING All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training shall include the mandates provided in WAC 296-823-12005 et seq. and: (a) Shall be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b) Shall be provided wheneverthe member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease. (c) Shall provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Communicable Diseases - 429 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Smoking Policy 1006.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on -duty or while in Tukwila Police Department facilities or vehicles. For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 1006.2 POLICY The Tukwila Police Department recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy (RCW 70.160.030). 1006.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited anytime members are in public view representing the Tukwila Police Department. It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside City facilities and vehicles. 1006.4 ADDITIONAL PROHIBITIONS No person shall smoke tobacco products within 25 feet of a main entrance, exit or operable window of any building (RCW 70.160.075). 1006.4.1 NOTICE The Chief of Police or the authorized designee shall ensure that proper signage prohibiting smoking is conspicuously posted at each entrance to the department facilities (RCW 70.160.050). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Smoking Policy - 430 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints 1007.1 PURPOSE AND SCOPE The purpose of this procedure is to provide guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members and employees of this department. 1007.1.1 PERSONNEL COMPLAINTS DEFINED Complaints consist of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law. Inquiries about employee conduct which, even if true, would not qualify as a complaint may be handled informally as a procedural inquiry by a department supervisor and shall not be considered complaints. These will be handled as informal complaints and documented accordingly. Complaints shall be classified in one of the following categories: Informal - A matter in which the complaining party is satisfied that appropriate action has been taken by a department supervisor of rank greater than the accused employee. The responsible supervisor shall have the discretion to handle the complaint in any manner consistent with this policy. Informal complaints and disposition shall be documented and forwarded to the unit commander even if it is unfounded. The commander shall review and log the informal complaint as necessary. If while investigating the informal complaint the supervisor determines that the complaint should be elevated to the formal process, he shall do so in accordance with the following policy. Formal - A matter in which the complaining party requests further investigation or which a department supervisor determines that further action is warranted.The Chiefs office shall classify formal complaints as follows: (a) Supervisory review: An allegation of misconduct which, on the face of it, would not result in termination. The investigating supervisor will endeavor to notify the employee as soon as possible. Notification may take the form of verbal contact, email, or written notification, and will contain the nature of the complaint. If evidence is discovered during the investigation that indicates a more serious policy or law violation may have occurred, the investigator shall consult the Assistant Chief for a possible upgrade to a formal investigation. A supervisory review should be completed in 30 days. If more time is needed, the investigator will notify the Assistant Chief through the chain of command. (b) Formal investigation: A formal investigation is used to investigate allegations of serious law and/or policy violations that, if sustained, could result in discipline up to and including termination and/or criminal charges. An employee who becomes the focus of a formal investigation will receive written notification and a copy of the complaint. The notification will state the allegation(s), the applicable rights, and the responsibilities Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 431 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints of the employee. If multiple violations are alleged, each violation will be listed as a separate allegation. If additional allegations of misconduct are discovered during an investigation, those allegations will be provided to the employee in writing. A projected completion date should be set by the Chief's office upon assignment based the anticipated complexity of the investigation. Progress reports will be made in writing to the Assistant Chief every 30 days. 1007.2 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1007.2.1 AVAILABILITY OF COMPLAINT FORMS Complaint forms will be provided to anyone that asks to make a complaint. A supervisor or manager can initiate a formal complaint in memorandum format and need not use this form. 1007.2.2 SOURCE OF COMPLAINTS (a) A department employee having knowledge of alleged law or significant policy violations shall immediately notify a supervisor. (b) A supervisor receiving a complaint from any source shall accept and forward as required above. (c) Anonymous complaints and third party complaints shall be accepted and investigated to the extent that sufficient information is provided. 1007.2.3 ACCEPTANCE OF COMPLAINTS A complaint may be filed in person, in writing, electronically, or by telephoning the Department. Although not required, an effort should be made to have the complainant appear in person. (a) When the complainant is intoxicated or impaired to the point where his/her credibility appears to be unreliable, identifying information should be obtained and a supervisor should observe the demeanor and physical condition then document the contact. The complainant should be contacted at a later time when the person is no longer impaired. (b) Depending on the urgency and seriousness of the allegations involved, complaints from juveniles should generally be taken only with their parents or guardians present and after the parents or guardians have been informed of the circumstances prompting the complaint. 1007.2.4 COMPLAINT DOCUMENTATION Formal complaints of alleged misconduct shall be documented by a supervisor on a memorandum with the original complaint form or documentation (if applicable) attached. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. A supervisor may elect to document informal complaints in this format. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 432 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints When a Personnel Complaint form is completed in person, the complainant should legibly write a detailed narrative of his/her complaint. If circumstances indicate that this is not feasible, the complaint may be dictated to the receiving supervisor. In an effort to ensure accuracy in any complaint, it is recommended that a recorded statement be obtained from the reporting party. A refusal by a party to be recorded shall not alone be grounds to refuse to accept a complaint. Whether handwritten or dictated, the complainant's signature should be obtained at the conclusion of the statement. 1007.3 SUPERVISOR RESPONSIBILITY A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. In general, the primary responsibility for the investigation of a personnel complaint shall rest with the employee's immediate supervisor. The Chief of Police or authorized designee may, however, direct that another supervisor investigate the complaint. The supervisor shall be responsible for the following: (a) A supervisor receiving a formal complaint involving allegations of a potentially serious nature shall ensure that the employee's supervisor and CDO are notified as soon as practicable. (b) A supervisor receiving or initiating any formal complaint shall complete a detailed report in memorandum format. The original complaint memo will then be directed to the division commander of the accused employee, who will take appropriate action or forward the complaint to the chief's office for further action. 1. During the preliminary investigation of any complaint, the supervisor should make every reasonable effort to obtain names, addresses and telephone numbers of additional witnesses. 2. If the nature of the complaint involves injury to the complainant, once the determination of need for medical aid is complete, photographs of alleged injuries as well as accessible areas of non -injury should be taken. 3. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the employee's division commander or higher who will initiate appropriate action. (c) A supervisor dealing with an accused employee shall ensure that the procedural rights of the employee are followed pursuant to law. (d) When the nature of a personnel complaint relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination, the supervisor receiving the complaint shall immediately contact their chain of command to notify the chief's office. The Chief or designee shall contact Human Resources, Legal, and city administration as appropriate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 433 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints 1007.4 RELIEF FROM DUTY When a complaint of misconduct is of a serious nature or when circumstances practically dictate that it would impose an unreasonable risk to the Department, the employee, other employees or the public, a supervisor or above may relieve the accused employee of duty until the case can be reviewed by the chiefs office. It shall be the responsibility of the supervisor to promptly notify the employee's Division Commander and the Chief of Police. The Chief or his designee will determine the duty status of the employee pending an investigation. 1007.4.1 ADMINISTRATIVE LEAVE An employee placed on administrative leave may be subject to the following guidelines: (a) Under most circumstances, an employee placed on administrative leave shall continue to receive regular pay and benefits pending the imposition of any discipline. (b) It shall be the responsibility of the assigning supervisor to promptly notify the employee's Division Commander and the Chief of Police. (c) An employee placed on administrative leave may be required by a supervisor to relinquish any badge, departmental identification, assigned weapon(s) and any other departmental equipment. (d) An employee placed on administrative leave may be ordered to refrain from taking any action as a departmental employee or in an official capacity. The employee shall be required to continue to comply with all policies and lawful orders of a supervisor. (e) An employee placed on administrative leave may be temporarily reassigned to a different shift (generally normal business hours) during the pendency of the investigation and the employee may be required to remain available for contact at all times during such shift and report as ordered. 1007.5 ALLEGATIONS OF CRIMINAL CONDUCT Where an employee of this department is accused of potential criminal conduct occurring in the city of Tukwila, a separate investigation into the criminal allegations shall be assigned to an appropriate investigator apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practical when an employee is formally accused of criminal conduct occurring in the city of Tukwila. In the event of serious criminal allegations, the Chief of Police may request a criminal investigation by an outside law enforcement agency. An employee accused of criminal conduct shall be provided with all rights and privileges afforded to a civilian and the employee may not be administratively ordered to provide any information as part of any criminal investigation. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 434 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints 1007.6 ADMINISTRATIVE INVESTIGATION OF COMPLAINT The following procedures shall be followed with regard to the accused employee(s): (a) Unless it compromises an ongoing criminal case, the employee will receive written notice of the complaint and that an investigation has been initiated. The notice will include only the nature of the complaint, the policy or law violation alleged, and duty restrictions if applicable. (b) Interviews of accused employees shall be conducted during reasonable hours and, if the employee is off -duty, the employee shall be compensated. (c) No more than two interviewers may ask questions of an accused employee. (d) Prior to any interview, an employee shall be informed of the nature of the investigation. (e) All interviews shall be for a reasonable period and the employee's personal needs shall be accommodated. (f) No employee shall be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. Any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively or be subject to discipline for insubordination. (g) In general, the interviewer should record all interviews of employees and witnesses. The employee may also record the interview. (h) All employees subjected to interviews that could result in punitive action shall have the right to have an uninvolved representative present during the interview. However, in order to maintain the integrity of each individual employee's statement, involved employees shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (i) All employees shall provide complete and truthful responses to questions posed during interviews. Q) No employee may be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation. 1007.6.1 ADMINISTRATIVE SEARCHES The use of compelled testing results shall be restricted to an administrative investigation. Assigned lockers and storage spaces may only be administratively searched in the employee's presence, with the employee's consent, with a valid search warrant or where the employee has been given reasonable notice that the search will take place. All other departmentally assigned areas (e.g., desks, office space, assigned vehicles) may be administratively searched by a supervisor, in the presence of an uninvolved witness, for non - investigative purposes. (e.g., obtaining a needed report or radio). An investigative search of such areas shall only be conducted upon a reasonable suspicion that official misconduct is involved, in Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 435 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints the employee's presence with the employee's consent with a valid search warrant or where the employee has been given reasonable notice that the search will take place. 1007.6.2 ADMINISTRATIVE INVESTIGATION FORMAT The investigator is a finder of facts. Investigations of personnel complaints shall be detailed, complete and contain the following information: Introduction - Include the identity of the employee(s), the identity of the assigned investigator(s), the initial date and source of the complaint. Synopsis - Provide a very brief summary of the facts giving rise to the investigation. Summary Of Allegations - List the allegations separately (including applicable policy sections) with a very brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Investigation - Detailed description of all measures taken to investigate the allegations. Evidence As To Each Allegation - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of employee and witness statements. Other evidence related to each allegation should also be detailed in this section. Exhibits - A separate list of exhibits (recordings, photos, documents, etc.) should be attached to the report. 1007.7 DISPOSITION OF PERSONNEL COMPLAINTS Each allegation shall be classified with one of the following dispositions: Unfounded - When the investigation discloses that the alleged act(s) did not occur or did not involve department personnel. Exonerated - When the investigation discloses that the alleged act occurred, but that the act was justified, lawful and/or proper. Not Sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance which was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1007.8 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint shall proceed with due diligence. Recognizing that factors such as witness availability and the complexity of allegations will affect each case, every effort should be made to complete each investigation within Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 436 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints a reasonable period following receipt. If the nature of the allegations dictate that confidentiality is necessary to maintain the integrity of the investigation, the involved employee(s) need not be notified of the pending investigation unless and until the employee is interviewed or formally charged If the complaining party is charged with a criminal offense associated with this investigation, then the investigation may be suspended until the completion of the criminal trial. Upon completion, the report should be forwarded to the Assistant Chief of Police for initial review. Once the A/C deems the investigation to be complete, he will forward the report to the Chief with his recommendations Once received, the Chief of Police may accept or modify the classification and recommendation for disciplinary action contained in the report. If the recommendation is suspension without pay, involuntary demotion, or involuntary termination, prior to any disciplinary action, "The ...tenured public employee is entitled to oral or written notice of the charges against him (or her), an explanation of the employer's evidence, and an opportunity to present his (or her) side of the story." This right is known as the "Loudermill Right" based upon the 1985 U.S. Supreme Court decision in the case of Cleveland Board of Education v. Loudermill. After final review by the Chief of Police, written notice of the findings shall be sent to the complaining party. This notice shall indicate the findings, however, will not disclose the amount of discipline, if any imposed. The complaining party should also be provided with a copy of his/ her own original complaint. 1007.8.1 CONFIDENTIALITY OF PERSONNEL FILES The contents of personnel files shall not be revealed other than as required by law, to the involved employee or authorized personnel, or pursuant to lawful process (RCW 42.56 et seq.; RCW 70.02). All formal personnel complaints shall be maintained in accordance with Washington State Retention Guidelines. Sustained complaints shall be maintained in the employee's personnel file. Complaints which are unfounded, exonerated or not sustained shall be maintained by the Police Administration Office apart from the employee's personnel file. 1007.9 INVESTIGATIONS LOGS All complaints will be noted in one of three logs kept for such purposes. (a) The procedural inquiry log will indicate: 1. the category of the complaint 2. the employee(s) involved (if applicable) 3. name of the complainant Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 437 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Complaints 4. summary of the complaint 5. a brief summary of any action taken (b) The supervisory review log will indicate: 1. the category of the complaint 2. the employee(s) involved 3. complainant name 4. summary of the complaint 5. a brief summary of any action taken (c) The formal investigations log will indicate: 1. the investigation number 2. complainant name 3. classification 4. employee name 5. employee(s) involved 6. investigator name 7. disposition 8. date assigned 9. date completed The complaint logs shall be maintained for statistical purposes only. Neither the complaint logs nor information in the complaint logs shall be maintained in any employee files. Upon proper request for public disclosure the complaint logs shall only be disclosed in compliance with current law. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Complaints - 438 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Seat Belts 1008.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles. 1008.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and regulations set forth in 49 CFR 571.213 and RCW 46.61.687(6). 1008.2 POLICY It is the policy of the Tukwila Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1008.3 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off -duty, or in any privately owned vehicle while on -duty. The member driving such a vehicle shall ensure that all other occupants, including those who are not members of the Department, are properly restrained (RCW 46.61.688; RCW 46.61.687). Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the department member or the public. Members must be prepared to justify any deviation from this requirement. 1008.4 TRANSPORTING CHILDREN A child restraint system shall be used for all children of an age, height or weight for which such restraints are required by law (RCW 46.61.687). Rear seat passengers in a cage -equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer's design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger - side air bag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Seat Belts - 439 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Seat Belts 1008.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints (WAC 204-41-030). Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1008.6 INOPERABLE SEAT BELTS Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 1008.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer's operator requirements for safe use. 1008.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Seat Belts - 440 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Armor 1009.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1009.2 POLICY It is the policy of the Tukwila Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1009.3 ISSUANCE OF BODY ARMOR The quartermaster supervisor shall ensure that body armor is issued to all officers when the officer begins service at the Tukwila Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The quartermaster supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1009.3.1 USE OF SOFT BODY ARMOR Generally, the use of body armor is required subject to the following: (a) Officers shall only wear agency -approved body armor. (b) Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. (c) Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (d) Body armor shall be worn when an officer is working in uniform or taking part in Department range training. (e) An officer may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. Officers wearing dress or ceremonial uniforms may choose to not wear body armor. 1009.3.2 CARE AND MAINTENANCE OF SOFT BODY ARMOR Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body Armor - 441 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Body Armor Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions. Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Soft body armor should be replaced in accordance with the manufacturer's recommended replacement schedule. If body armor becomes damaged or no longer fits properly, the employee is responsible for requesting repair or replacement through the quartermaster system. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Body Armor - 442 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Records 1010.1 PURPOSE AND SCOPE This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name. 1010.2 POLICY It is the policy of this department to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of Washington. 1010.3 DEPARTMENT FILE The department file shall be maintained as a record of a person's employment/appointment with this department. The department file should contain, at a minimum: (a) Personal data, including photographs, marital status, names of family members, educational and employment history or similar information. A photograph of the member should be permanently retained. (b) Election of employee benefits. (c) Personnel action reports reflecting assignments, promotions and other changes in employment/appointment status. These should be permanently retained. (d) Original performance evaluations. These should be permanently maintained. (e) Discipline records, including copies of sustained personnel complaints. (f) Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment. 1. Once a member has had an opportunity to read and initial any adverse comment, the member shall be given the opportunity to respond in writing to the adverse comment.. 2. Any member response shall be attached to and retained with the original adverse comment. 3. If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file. (g) Commendations and awards. (h) Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Records - 443 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Records 1010.4 DIVISION FILE Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file may contain supervisor comments, notes, notices to correct and other materials that are intended to serve as a foundation for the completion of timely performance evaluations. 1010.5 TRAINING FILE An individual training file shall be maintained by the Training Officer for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records). (a) The involved member is responsible for providing the Training Officer or immediate supervisor with evidence of completed training/education in a timely manner. (b) The Training Officer or supervisor shall ensure that copies of such training records are placed in the member's training file. 1010.5.1 RELEASE OF CONFIDENTIAL INFORMATION Except as provided by this policy or pursuant to lawful process, no information contained in any confidential peace officer personnel file shall be disclosed to any unauthorized person(s) without the expressed prior consent of the involved officer or written authorization of the Chief of Police or his/her designee. Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this department may be guilty of a misdemeanor. The disposition of any citizen's complaint shall be released to the complaining party within 30 days of the final disposition. This release shall be limited to the disposition and shall not include what discipline, if any was imposed. 1010.6 INTERNAL AFFAIRS FILE Internal affairs files shall be maintained under the exclusive control of the Professional Standards in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police or the Professional Standards supervisor. These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition. Investigations of complaints that result in the following findings shall not be placed in the member's department file but will be maintained in the internal affairs file: (a) Not sustained (b) Unfounded (c) Exonerated Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Records - 444 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Records 1010.7 RETENTION AND PURGING Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule. (a) During the preparation of each member's performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police. (c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule. 1010.8 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS Any member may request access to his/her own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from his/her personnel records shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member's request and the written response from the Department shall be retained with the contested item in the member's corresponding personnel record (RCW 49.12.250). Members may be restricted from accessing files containing any of the following information: (a) An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline. (b) Confidential portions of internal affairs files that have not been sustained against the member. (c) Criminal investigations involving the member. (d) Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member. (e) Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f) Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for department planning purposes. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Records - 445 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personnel Records (g) Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (h) Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Personnel Records - 446 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Commendations and Awards 1011.1 PURPOSE AND SCOPE This policy provides general guidelines for recognizing commendable or meritorious acts of members of the Tukwila Police Department and individuals from the community. 1011.1.1 POLICY STATEMENT The Tukwila Police Department acknowledges and rewards outstanding or exemplary work performed by its employees. 1011.2 AWARDS AND RECOGNITIONS Click here for reference for devices (a) MEDAL OF HONOR: The Medal of Honor is awarded for an act that is above and beyond the call of duty and involves extreme risk to the life of the individual nominated. This award shall merit the issuance of a medal and uniform ribbon. (b) MEDAL OF VALOR: The Medal of Valor is awarded for an act within the normal scope of duties that involves extreme risk to the life of the individual nominated. This award shall merit the issuance of a medal and uniform ribbon. (c) PURPLE HEART: The Purple Heart Medal is awarded to an individual receiving a serious or life threatening injury in the performance of his duties. This award shall merit the issuance of a medal and uniform ribbon. (d) DISTINGUISHED SERVICE MEDAL: The Distinguished Service Medal is awarded for an act that results in a significant enhancement of the departments operations or for distinguished career service to the department. This award shall merit issuance of a medal and uniform ribbon. (e) MERITORIOUS SERVICE MEDAL: The Meritorious Service Medal is awarded for conduct or judgment that is exemplary or for dedication to duty during a prolonged time of crisis, emergency, or unusual occurrence. This award shall merit the issuance of a medal and uniform ribbon. (f) LIFE SAVING MEDAL: The Life Saving Medal is awarded for the rendering of assistance which directly results in the saving of an individuals life. COMMENDATION AWARD: The Commendation Award is awarded to an individual or unit for outstanding job related performance that is exemplary or above and beyond expectations. This award shall merit the issuance of a certificate of commendation. . (g) EMPLOYEE RECOGNITION REPORT: The Employee Recognition Report may be completed by any employee and forwarded up the Chain of Command. The Chief will approve this report prior to posting. (h) SKILL PROFICIENCY: The Skill Proficiency Ribbon (Specialty and Instructor) ribbon may be worn by any individual for demonstrated proficiency in a job -related skill while Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Commendations and Awards - 447 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Commendations and Awards assigned to certain specialties and when assigned as part of an instructor cadre. The Chief shall determine which proficiencies, specialties and instructors may wear a ribbon. 1011.3 PROCEDURES (a) Any employee who observes or is otherwise made aware of an act that warrants recognition may make the nomination of an individual or group for formal recognition. (b) Nominations will be routed in memo format through the submitter's Chain of Command. The nomination will include the following information: 1. nominee's name 2. date of occurrence 3. incident report number, if applicable 4. narrative describing the act to be recognized (c) The nominee's supervisor will: 1. review the nomination and forward with recommendations. 2. forward the nomination through the proper Chain of Command for review and comment. (d) Each person responsible for review and comment will ensure that the next person in the Chain of Command receives the nomination. If the next person in the Chain of Command is absent and not expected to return in a timely manner to complete the review, the nomination shall be submitted to the next person in the Chain of Command. (e) The Chief may appoint a committee of three other supervisors/administrators, excluding the supervisor of the nominated employee, to review the nomination. That committee will assemble and review all documentation and, if desired, will hear testimony from the nominee, the supervisor, and others as necessary. The committee will then make a recommendation to the Chief as to which award, if any, is appropriate. (f) The final decision to award rests with the Chief. (g) The Chief or an appointed representative will present all service awards at a time that is convenient for the Chief and the recipient. A copy of the certificate awarded will be placed in the member's personnel file. (h) If an officer killed in the line of duty is the recipient of an award, his spouse or appropriate family member will receive the citations awarded. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Commendations and Awards - 448 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Fitness for Duty 1012.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all members of this department remain fit for duty and able to perform their job functions. 1012.2 EMPLOYEE RESPONSIBILITIES (a) It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform the essential duties of their job position. (b) Each member of this department shall not allow physical, emotional, and/or mental constraints to impede their ability to perform their respective duties. (c) During working hours, all employees are required to be alert, attentive, and capable of performing their assigned responsibilities. (d) Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1012.3 SUPERVISOR RESPONSIBILITIES (a) A supervisor observing an employee or receiving a report of an employee who is perceived to be unable to safely perform his/her duties due to a physical or mental condition shall take prompt and appropriate action in an effort to address the situation. (b) Whenever feasible, the supervisor should make a preliminary determination of the level of inability of the employee to perform the essential duties required of the job. (c) In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to obtain sufficient information regarding the nature of the concern to enable the Department to assess options and react responsibly to assure the safety of the employee, other members of the Department and the public, while complying with the employee's legal rights. (d) In conjunction with the Shift Sergeant or employee's available Division Commander, a determination should be made whether or not the employee should be temporarily relieved from his/her duties. (e) The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Fitness for Duty - 449 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Fitness for Duty 1012.4 RELIEF FROM DUTY Any employee suffering from a work or non -work related condition which warrants a temporary relief from duty ordered by the Department shall be paid for the rest of the shift. 1012.5 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS (a) Where permissable by law and when the facts create a reasonable basis that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/or psychological examination to determine the level of the employee's fitness for duty. The Chief may consult with Human Resources in this process. The order shall indicate the date, time and place for the examination. (b) The examining health care provider will inform the Department whether the employee is either fit for duty or, if not, listing any functional limitations which limit the employee's ability to perform job duties. The scope of the requested fitness for duty report shall be confined to the physical or psychological condition that prompted the need for the examination. (c) In order to facilitate the examination of any employee, the Department will provide information to the caregiver to assist in the evaluation and/or treatment. (d) Any reports and evaluations from the treating physician or therapist received by the police department shall be placed in the employee's medical file in Human Resources. (e) Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist regarding any clinical interview, tests administered or other procedures as directed that are within the limits and scope of the fitness for duty examination. Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and shall be subject to discipline up to and including termination. 1012.6 LIMITATION ON HOURS WORKED Work is defined as all hours worked on -duty, off -duty, training, and on TPOG contracted jobs. The Chief or Assistant Chief may declare an emergency that suspends the requirements of this policy. It is important that employees are properly rested to maintain a safe and healthy work environment. This policy provides the maximum amount of time an employee should work to maintain a minimum fitness for duty. Employees and supervisors should be cognizant that employees are properly rested. If an employee appears fatigued even if working fewer than the hours listed here, a supervisor should address the issue with the employee. Duty Day: defined as a 24 hour cycle starting at the beginning of a normally scheduled on -duty day Employees should not work more than 16 hours on any duty day. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Fitness for Duty - 450 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Fitness for Duty Employees should schedule work periods to allow for a minimum of eight contiguous hours of rest. Duty week: (a) A shift starts on Saturday (b) B shift starts on Wednesday (c) Other work groups start on Monday (d) Special Services start on Sunday Employees should not work more than 64 hours in any duty week. Employees should schedule work periods to allow for a minimum of one day off per duty week. A vacation day counts as a rest day; however it is inclusive of your total scheduled hours. A sick day does not count as a day off. Unexpected overtime beyond these guidelines and outside of an employee's control must be approved by a supervisor. If this occurs, the supervisor will notify his commander in a memorandum. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Fitness for Duty - 451 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Employment 1013.1 PURPOSE AND SCOPE In order to avoid actual or perceived conflicts of interest for departmental employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with the provisions of this policy, however approval shall not be unreasonably withheld. 1013.1.1 DEFINITIONS Any member of this department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this department for services, product(s) or benefits rendered. 1013.2 OBTAINING APPROVAL No member of this department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action. In order to obtain approval for outside employment, the employee must complete a memo which shall be submitted to the employee's immediate supervisor. The memo will then be forwarded through channels to the Chief of Police for consideration. Any employee seeking approval of outside employment, whose request has been denied, shall be provided with a written reason for the denial of the application at the time of the denial. 1013.2.1 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS Any authorization may be revoked or suspended under the following circumstances: (a) Should an employee's performance at this department decline to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of competency, the Chief of Police may, at his/her discretion, suspend any previously approved outside employment. If an employee's approved outside employment is suspended the employee shall be provided, in writing, the specifics of what needs improvement and the steps that need to be taken to have the outside employment reapproved. That suspension will stand until the employee's performance has been reestablished at a satisfactory level and his/her supervisor recommends reinstatement of the outside employment. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Employment - 452 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Employment (b) Suspension or revocation of a previously approved outside employment may be included as a term or condition of sustained discipline. (c) If, at any time during the term of an approved outside employment, an employee's outside employment conflicts with the provisions of department policy or is determined by the Chief of Police to be incompatible with the employee's departmental duties, the authorization may be revoked. (d) When an employee is unable to perform at a full duty capacity due to an injury or other condition, any previously approved outside employment may be subjected to similar restrictions as those applicable to the employee's regularly assigned duties until the employee has been cleared to return to full duty status. 1013.3 PROHIBITED OUTSIDE EMPLOYMENT The Department expressly reserves the right to deny any Outside Employment submitted by an employee seeking to engage in any activity which, in its view, would: (a) Involve the employee's use of departmental time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage. (b) Involve the employee's receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee's duties as a member of this department. (c) Involve the performance of an act in other than the employee's capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department. (d) Involve time demands that would render performance of the employee's duties for this department less efficient or render the employee unavailable for reasonably anticipated overtime assignments. 1013.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT Because it would further create a potential conflict of interest, no member of this Department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position. 1013.4 DEPARTMENT RESOURCES Unless authorized by the Chief of Police, members are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of this department or other agencies through the use of the employee's position with this department. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Employment - 453 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Outside Employment 1013.5 MATERIAL CHANGES OR TERMINATION OF OUTSIDE EMPLOYMENT Employees are also required to disclose material changes in outside employment that occur after approval of outside employment has been granted to the Chief of Police in writing. For the purpose of this policy, such changes include any material change in the number of hours, type of duties or demands of outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Outside Employment - 454 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Contracted Overtime and Off -Duty Guild Employment 1014.1 PURPOSE AND SCOPE Members of this department may be hired to perform uniformed services for licensed businesses. This policy provides for two methods by which this service is provided. The Chief of Police must approve these contracts. 1014.2 CONTRACTING METHODS (a) Contracted Overtime: This is usually a long-term arrangement between a business and the City. Rates, staffing levels, equipment, duties, and other details are negotiated by a department management representative. A financial project number shall be assigned and the employee will be paid through the payroll process. (b) Off -Duty Guild Employment: An arrangement between a business and the Tukwila Police Officers Guild (TPOG) and approved by the Chief of Police. TPOG will negotiate rates and staffing levels. Any requests for use of department equipment must be approved through Chief of Police. If the business is outside of the city, the Chief Law Enforcement Official of that jurisdiction must also approve. The employee will provide these services as an employee of the contracting business or as an independent contractor. 1014.3 CONTRACTED OVERTIME (a) The employee will arrive at the contracted overtime venue in uniform at the beginning of the scheduled shift. He will stay on property and available until the end of his scheduled shift. If an incident occurs at the contracted overtime job making it necessary to work beyond the scheduled time, the employee will notify the on -duty supervisor. (b) If an employee no longer wants to work a contracted overtime shift, he must find a replacement in order to be excused from working that shift. (c) If unforeseen circumstances arise causing the employee to be late or unavailable for his contracted overtime shift, he will notify the on -duty supervisor as soon as possible and his supervisor as soon as practical (notification to the employee's supervisor may be done verbally or in an email). (d) Violation of any of these contracted overtime rules may result in discipline and/or suspension from contracted overtime privileges. 1014.4 OFF -DUTY GUILD EMPLOYMENT (a) Off -duty employment will not be approved in the following situations: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Contracted Overtime and Off -Duty Guild Published with permission by Tukwila Police Department Employment - 455 Tukwila Police Department Tukwila PD Policy Manual Contracted Overtime and Off -Duty Guild Employment 1. Working in uniform in an establishment that is exclusive function is the serving of alcohol. 2. Towing of vehicles, ambulance services, or similar businesses. 3. Process server, bill collector, or any other employment that may require the use of police power for a private purpose. (b) The primary duty, obligation, and responsibility of an employee is to the department at all times. Employees directed to work department overtime will do so regardless of their off -duty working obligations. (c) While working outside the City, the employee will abide by the Tukwila Police Department General Orders. (d) The TPOG has published written directives for duties and responsibilities while working off -duty contracts. Enforcement of those directives is the responsibility of TPOG leadership. 1014.4.1 SCHEDULING OFF -DUTY JOBS (a) Members must only work off -duty jobs at times not scheduled for duty. Under no circumstance will a member submit for pay by both the contract off -duty employer and the City for the same time period. (b) Under the following circumstances, members will not work off -duty jobs: 1. Member on sick leave or disability. 2. Member is suspended for any reason. (c) Probationary member may work off -duty jobs after successfully completing the following requirements: 1. Complete the Field Training Program. 2. Submit a written request to the Chief of Police via the Chain of Command. 3. The Division Commander will approve or deny the request and return it to the member's supervisor. 4. If the request is denied, the member may reapply in three months. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Contracted overtime and Off -Duty Guild Published with permission by Tukwila Police Department Employment - 456 Tukwila Police Department Tukwila PD Policy Manual Personal Appearance Standards 1015.1 PURPOSE AND SCOPE In order to project uniformity and neutrality toward the public and other members of the department, employees shall maintain their personal hygiene and appearance in a manner that projects a professional image appropriate for this department and for their assignment. 1015.2 GROOMING STANDARDS Unless otherwise stated, and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception. 1015.2.1 HAIR Hairstyles of all members shall be neat in appearance. For male sworn members, hair must not extend below the top edge of the uniform collar while assuming a normal stance. For female sworn members, hair must be no longer than the horizontal level of the bottom of the uniform patch when the employee is standing erect, worn up or in a tightly wrapped braid or ponytail. 1015.2.2 FACIAL HAIR Facial hair is to be neatly trimmed and consistent with the stipulations outlined below. Male employees may choose to have a mustache or goatee, but may not choose to wear facial hair that is a hybrid of both styles (commonly known as Vandyke's, or soul patches, or any other variation). 1015.2.3 MUSTACHES, GOATEES, & BEARDS A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip. Goatees may not be more than one- half inch in depth, may not extend more than one half inch beyond the corners of the mouth, and may not extend more that one-half inch below the chin. The facial hair directly above the upper lip may not extend over the upper lip. Beards may not be worn. 1015.2.4 SIDEBURNS Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat. 1015.2.5 FINGERNAILS Fingernails extending significantly beyond the tip of the finger can pose a safety hazard to officers or others. For this reason, fingernails shall be trimmed so that they are no longer than 1/4" beyond the tip of the finger. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Appearance Standards - 457 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Personal Appearance Standards 1015.2.6 JEWELRY AND ACCESSORIES No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment, except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible above the shirt collar. Earrings shall not be worn by male uniformed members, detectives or special assignment personnel without permission of the Chief of Police or his/her designee. Only one ring or ring set may be worn on each hand of the employee while on -duty. 1015.3 TATTOOS Employees, while on duty, will not display tattoos that attract undue attention, detract from the police department uniform, or cause a safety concern. Some examples include, but are not limited to; obscene, sexist, racist tattoos; tattoo sleeves of any design; or tattoos on the neck or face. The chief will make the determination on the appropriateness of any tattoo questioned under this order. 1015.4 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a deviation from normal anatomical features and which is not medically required is prohibited except with prior authorization of the Chief of Police. Such body alteration includes, but is not limited to: (a) Tongue splitting or piercing. (b) The complete or transdermal implantation of any material other than hair replacement. (c) Abnormal shaping of the ears, eyes, nose or teeth. (d) Branding or scarification. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Personal Appearance Standards - 458 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations 1016.1 PURPOSE AND SCOPE The uniform policy of the Tukwila Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies: • Department Owned and Personal Property • Body Armor • Grooming Standards The Uniform and Equipment Specifications manual is maintained and periodically updated by the Chief of Police or his/her designee. That manual should be consulted regarding authorized equipment and uniform specifications. The Tukwila Police Department will provide uniforms for all employees required to wear them in the manner, quantity and frequency agreed upon in the respective employee group's collective bargaining agreement. 1016.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis or other time of need. (a) Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed. (b) All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c) Personnel shall wear only the uniform specified for their rank and assignment. (d) The uniform is to be worn in compliance with the specifications set forth in the department's uniform specifications that are maintained separately from this policy. (e) Supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations. (f) Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official department functions or events. (g) If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off duty. (h) Employees are not to purchase or drink alcoholic beverages while wearing any distinguishable part of the department uniform. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 459 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations (i) Visible jewelry, other than those items listed below, shall not be worn with the uniform unless specifically authorized by the Chief of Police or his/her designee. 1. Wrist watch. 2. Wedding ring(s), class ring, or other ring of tasteful design. A maximum of one ring/set may be worn on each hand. 3. Medical alert bracelet. 4. Earrings that do not attract undue attention, detract from the uniform or casue a safety concern. (female personnel only) 1016.2.1 DEPARTMENT ISSUED IDENTIFICATION The Department issues each employee an official department identification card bearing the employee's name, identifying information and photo likeness. All employees shall be in possession of their department issued identification card at all times while on duty or when carrying a concealed weapon. (a) Whenever on duty or acting in an official capacity representing the department, employees shall display their department issued identification in a courteous manner to any person upon request and as soon as practical. (b) Officers working specialized assignments may be excused from the possession and display requirements when directed by their Division Commander. 1016.3 UNIFORM SPECIFICATIONS Class A uniform: The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies, or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform includes the standard issue uniform with: a. Long sleeve shirt with tie. b. Polished shoes or boots. Boots with pointed toes are not authorized. The Class B uniform: All sworn personnel will maintain a servicable Class B uniform at all times. The Class B uniform consists of the same garments and equipment as the Class A uniform with the following exceptions: a. The Long sleeve or short sleeve shirt may be worn with the collar open, no tie is required. b. A white, navy blue, or black crew neck t-shirt will be worn with the uniform. c. All shirt buttons must reamin buttoned except for the last button at the neck. d. Shoes for the Class B uniform may be as described in the Class A uniform. e. Approved all black unpolished shoes may be worn. f. Boots with pointed toes are not authorized. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 460 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations The Class C uniform: The class C Uniform may be established to allow field personnel cooler clothing during the summer months or special duty. The Chief of Police will establish the regulations for wearing the Class C uniform and the specifications for the Class C uniform. Specialized Unit uniforms: The Chief of Police may authorize special unifroms and equipment to be worn by officers in specialized units such as Canine teams, SWAT, Bicycle Patrol, Motor Officers, and other specialized assignments. 1016.3.1 PATROL DUTY UNIFORM Shirt: Short and long sleeve, synthetic blend, brand & model to be determined by the Quartermaster. Option: Traditional wool with metal buttons. LAPD blue, with epaulets. Minimum insignia: Metal badge, department patches on both shoulders, rank insignia on both sleeves, cloth name tag on synthetic, metal name tag or wool, US flag centered and 1/2 inch above the name tag, service stripes on left forearm sleeve of long sleeve only. Optional insignia: awards & specialty badges. Pants: Synthetic blend, brand & model to be determined by the Quartermaster. Option: Traditional wool. LAPD blue (matching duty uniform shirt). Jumpsuit: (Optional) Black, several models are acceptable as determined by the Quartermaster. Minimum insignia: sew -on badge, department patches on both shoulders, rank insignia on both sleeves, cloth name tag, US flag centered and 1/2 inch above the name tag. Optional insignia: awards & specialty badges. Jacket, inclement weather: LAPD blue, several models are acceptable as determined by the Quartermaster. Insignia: sew -on badge, department patches on both shoulders, rank insignia on both sleeves, cloth name tag, US flag centered and 1/2 inch above the name tag. Tie: Clip on, dark blue to match shirt. Must be engraved "Tukwila Police" with or without state seal. Hat: eight -point, dark blue, wool, fitted, with leather sweatband and patent leather visor. Metal hat badge. Hat bands: Officer silver metal, sergeants silver cloth band, command staff gold cloth band. Footwear: boots or shoes, black with black laces, plain round toes. Buckles, straps, and buttons are not authorized. Undershirt (not provided by Quartermaster): White, navy blue, or black crew neeck t- shirt, turtleneck, or mock turtleneck style. Black or white. "TPD" embroidered on the collar is authorized. Socks (not provided by Quartermaster): if wearing shoes or low cut boots, black socks should be worn. 1016.3.2 DUTY UNIFORM OPTIONAL ITEMS Hats • Baseball style: black, fitted„ wool. 3" department patch centered on front panel. Badge number in 3/8" white letters on the back of the cap. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 461 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations • Watch cap (not provided by Quartermaster): black. May have 3" department patch on the front. To be worn only during inclement weather. Short pants (not provided by Quartermaser): synthetic blend matching the duty uniform shirt as approved by the Quartermaster. Sweater (not provided by Quartermaster): commando style V-neck, LAPD blue. Insignia: sew -on badge, department patches on both shoulders, rank insignia on epaulets, cloth name tag, US flag centered above name tag. Gloves (not provided by Quartermaster): black. Will not be weighted or constructed in a manner designed to cause more injury when a hand strike is delivered. May have stock reinforcements designed to protect the wearer's hands. Brightly colored gloves may be worn while directing traffic. Raingear: black or LAPD blue, must meet standards of issued jacket. Supervisors may authorize other foul weather gear as appropriate to protect officers during extreme inclement weather. Reversible brightly colored raingear must be ANSI certified to substitute for a traffic vest when working in a roadway. 1016.3.3 DUTY UNIFORM, MANDATORY MINIMUM EQUIPMENT Duty belt, black nylon or leather, with following equipment: Duty pistol holster, black, level 2 or 3. (pistol specified in policy) Ammo pouch (ammo specified in policy) Handcuffs, 2 sets, with handcuff case(s) Radio, with radio holder Taser, with holster (Tasers shall not be carried in uniform pouches or pockets) OC Spray, with holster Flashlight, with ring or holster Ink pen, and notepad 1016.3.4 DUTY UNIFORM, OPTIONAL EQUIPMENT Impact weapon, as authorized by policy and approved by DT Instructor, with ring or holster Flashlight, extra flashlights may be carried Knife, folding blade External Body Armor Carriers - See attachment: 2.2.2 External Armor Carriers.pdf 1016.3.5 TRAFFIC OFFICER DUTY UNIFORM Helmet, black and white Britches, LAPD blue, with reflective stripe Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 462 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations Boots, high top motorcycle type Jacket, black leather Raingear as specified by the Quartermaster Coveralls, black 1016.3.6 BICYCLE OFFICER DUTY UNIFORM Helmet, plain black or white, POLICE lettering on each side Shirt, long or short sleeve, black, sew -on shoulder patches, rank, badge, nametag, and US flag centered and 1/2 inch above the nametage. Shorts, black (must match shirt) Pants, black (must match shirt) Jacket, bright blue upper panel and sleeves, black lower panel, sew -on shoulder patches, rank, badge, and nametag Footwear, black Gloves, cold weather, black Gloves, warm weather, black 1016.4 INSIGNIA AND PATCHES (a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the shoulder seam of the shirt and be bisected by the crease in the sleeve. (b) Service stripes, stars, etc. - Service stripes and other indicators for length of service may be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shall be sewn the one and one-half inches above the cuff seam with the rear of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on the left sleeve only. (c) The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's first initial and last name. If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn centered and 1/8 inch above the right pocket. (d) When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. (e) Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as designated by the Chief of Police. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 463 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations (f) Flag - A cloth US flag will be worn, centered and 1/2 inch above the nameplate. (g) Awards and Commendations - Awards issued by the Tukwila Police Dept may be worn with the Class A, or Class B uniform. Awards will be worn centered and 1/8 inch above the nameplate. If more than one award is worn the precedence will be from right to left (highest award on wearer's right). Awards issued by other agencies may be worn upon approval of the Chief of Police. Awards authorized for wear on the duty uniform are listed by precedence, Medal of Honor, Medal of Valor, Purple Heart Medal, Distinguished Service Medal, Meritorious Service Medal, Life Saving Medal. (h) Badge - The department issued badge, or an authorized sewn on cloth replica, must be worn and visible at all times while in uniform. (i) Rank Insignia - The designated insignia indicating the employee's rank must be worn at all times while in uniform. The Chief of Police may authorize exceptions. 1016.5 CIVILIAN ATTIRE There are assignments within the Department that do not require the wearing of a uniform because recognition and authority are not essential to their function. There are also assignments in which the wearing of civilian attire is necessary. (a) All employees shall wear clothing that fits properly, is clean and free of stains, and not damaged or excessively worn. (b) All male administrative, investigative and support personnel who elect to wear civilian clothing to work shall wear button style shirts with a collar, slacks or suits that are moderate in style. (c) All female administrative, investigative, and support personnel who elect to wear civilian clothes to work shall wear dresses, slacks, shirts, blouses, or suits which are moderate in style. (d) The following items shall not be worn on duty: 1. T-shirt alone. 2. Open toed sandals or thongs. 3. Swimsuit, tube tops, or halter -tops. 4. Spandex type pants or see -through clothing. 5. Distasteful printed slogans, buttons or pins. (e) Variations from this order are allowed at the discretion of the Chief of Police or designee when the employee's assignment or current task is not conducive to the wearing of such clothing. (f) No item of civilian attire may be worn on duty that would adversely affect the reputation of the Tukwila Police Department or the morale of the employees. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 464 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations 1016.5.1 DAILY DUTY FOR PLAINCLOTHES EMPLOYEES (BUSINESS CASUAL) Slacks Shirt with collar or sweater. Should be tucked in to slacks unless of a cut designed to be worn not tucked. Jacket, vest, or other appropriate outer garment to cover weapon while in public. Shoes, closed toe, plain *This attire is not sufficient for court attendance except in Tukwila Municipal Court. 1016.5.2 BUSINESS ATTIRE Slacks, dress or suit pants Shirt, dress, with full length buttons, must be tucked in to slacks. Tie (optional for females in appropriate business attire) Coat, sports or suit jacket Shoes, dress 1016.5.3 CASUAL ATTIRE Maybe authorized for wear on duty by the Chief. In those cases, the following items are prohibited: • Short pants • T shirts • Open shoes • Anything dirty, unpressed, stained, unprofessional, or otherwise unserviceable 1016.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, Tukwila Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the Tukwila Police Department, to do any of the following: (a) Endorse, support, oppose or contradict any political campaign or initiative. (b) Endorse, support, oppose, or contradict any social issue, cause or religion. (c) Endorse, support, or oppose, any product, service, company or other commercial entity. (d) Appear in any commercial, social, or non-profit publication, or any motion picture, film, video, public broadcast or any website. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 465 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Uniform Regulations 1016.7 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Tukwila Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Tukwila Police Department employees may not use or carry any safety item, tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Uniform Regulations - 466 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Police Explorers 1017.1 PURPOSE AND SCOPE The Explorer Post is an official program of the police department. It is chartered, and shall remain so chartered, through the Boy Scouts of America, Learning for Life Program. The purpose of the explorer program is to prepare its members for a future in law enforcement. Police Explorers perform under direct supervision of authorized advisors or staff and perform a variety of routine and progressively more advanced tasks in an apprenticeship program in preparation for a career in law enforcement. 1017.2 MEMBERSHIP REQUIREMENTS Membership is open to all persons who meet all of the requirements listed below and any other eligibility requirements by the Boy Scouts. Members do not have to be a Tukwila resident to participate: • age 14 through age 21 • graduate the 8th grade • interest in law enforcement and community service • pass screening and background check • have no felony convictions • not on probation or supervision for any offense • good moral character and emotionally stable • good health and physically fit • make a commitment to attend meetings, details, training, and other events • parental/guardian permission (if under 18) The Explorer Post Coordinator shall develop an applicant screening and background investigation process sufficient to screen all applicants to ensure that membership requirements are met. 1017.2.1 EDUCATION REQUIREMENT Explores shall be enrolled in high school or equivalent academic program. After high school graduation or equivalent, explorers shall be enrolled in college or an advanced educational/ certification program. Explorers shall be in good academic standing and are required to maintain a minimum grade point average of a 2.0. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Police Explorers - 467 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Police Explorers 1017.2.2 PHYSICAL FITNESS Participation in explorer events and police training often involve rigorous physical activity. Explorers must pass a physical examination by a health care professional prior to participation in the post. The following may be used to satisfy this requirement: • high school sports physical • pre -employment physical examination • an examination by a physician that understands the physical requirements of post participation. 1017.2.3 VOLUNTEERISM Police explorers are volunteers. All post activities are voluntary. The post may charge for services as a fund raiser with the money used to offset costs of sanctioned activities and equipment. No money received as a donation or fee for services to the post shall be paid directly to any explorer or department employee. Police explorers shall not be compensated by the city in any way for their participation in the post. 1017.3 EXPLORER POST COORDINATOR The Chief shall select the explorer post coordinator. The explorer post coordinator shall be responsible to: • Oversee all operations of the explorer program • Liaison with Boy Scouts and other explorer posts • Ensure that all required charters, insurance, waivers, and other related information is current and on file • Oversee the processing of applicants, including the screening and background process • Schedule and oversee explorer meetings, training programs, detail staffing, activities • Maintain records to track the training and performance of individual explorers • Maintain explorer post banking and equipment records and prepare reports to police administration as needed • Oversee the planning of all explorer post field trips and events 1017.3.1 EXPLORER ADVISORS The Chief shall select explorer advisors from members of the department or volunteers from the community. Advisors that are not employees must be at least 21 years -old, meet any requirements for advisors as required by Boy Scouts, and pass a background check. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Police Explorers - 468 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Police Explorers 1017.4 ORIENTATION AND TRAINING Explorers shall be provided with initial and ongoing training. Training can include practical field exercises including physical training under the supervision of advisors and police employees. Explorers can be exposed to all aspects of police training as long as it is safe and conducted under supervision. 1017.5 EXPLORER UNIFORMS Each explorer should be provided one uniform and jacket. Explorers uniforms shall be neat, clean, pressed, and fit properly. 1017.6 RIDE-ALONGS See §410 regarding general ride -along policy. After three months of participation in the explorer post, an explorer may apply for a ride -along. An explorer advisor shall approve the ride -along and facilitate communication with the patrol shift supervisor to make arrangements. Explorers should not ride more than once every three months but may ride more if approved by the explorer post coordinator and it does not present a burden to the effected patrol personnel. Explorers should ride at least once per year. Explorers should wear their uniform on ride-alongs. Explorers shall never present themselves as police employees. They may assist officers but should not interact with suspects or victims. Explorers should not direct traffic in a public roadway unless directly supervised by an officer. 1017.7 EVENT PARTICIPATION Explorer events, whether conducted at city facilities or off -site, shall be planned using the NIMS Operation Order format and be approved by a Commander. Events that involve overnight participation by explorers should be attended by at least one department explorer advisor. If an explorer advisor is not available, the explorer post coordinator shall arrange for supervision of the participating Tukwila explorers by an explorer advisor from another agency. This must be pre -approved by a Commander. Explorers must sign a waiver prior to off -site events. Explorers under 18 years -old must have parent or guardian approval. If an events involving rigorous physical activity, explorer advisors should consider if the explorer is sufficiently physically fit to participate. The explorer post coordinator may require an explorer to pass a physical examination prior to participation. The explorer post coordinator may restrict the activities of any explorer for any reason. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Police Explorers - 469 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Nepotism and Conflicting Relationships 1018.1 PURPOSE AND SCOPE The purpose of this policy is to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination, or actual or potential conflicts of interest by or between members of this department. These employment practices include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to training opportunities, supervision, performance appraisal, discipline and workplace safety and security. 1018.1.1 DEFINITIONS Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder or investor in an outside business, company, partnership, corporation, venture or other transaction where the Department employee's annual interest, compensation, investment or obligation is greater than $250. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee's action, inaction or decisions are or may be influenced by the employee's personal or business relationship. Nepotism - The practice of showing favoritism to relatives in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Public official - A supervisor, officer or employee who is vested with authority by law, rule or regulation, or to whom authority has been delegated. Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor. Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. 1018.2 RESTRICTED DUTIES AND ASSIGNMENTS The Department does not prohibit all personal or business relationships between employees. However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply: (a) Employees are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Nepotism and Conflicting Relationships - 470 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Nepotism and Conflicting Relationships 1. If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor. 2. When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/ subordinate situations. The Department, however, reserves the right to transfer or reassign any employee to another position within the same classification in order to avoid conflicts with any provision of this policy. (b) Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. (c) Whenever possible, FTOs and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. (d) Employees are prohibited from developing or maintaining personal or financial relationships with individuals including but not limited to victims or witnesses, or that would created an actual or perceived conflict of interest. (e) Except as required in the performance of official duties or, in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive, or registered sex offender, or who engages in serious violations of state or federal laws. 1018.2.1 EMPLOYEE RESPONSIBILITY Prior to entering into any personal or business relationship or other circumstance which the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor. Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify dispatch to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Nepotism and Conflicting Relationships - 471 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Nepotism and Conflicting Relationships 1018.2.2 SUPERVISORS RESPONSIBILITY Upon being notified of, or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations, whenever possible. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Nepotism and Conflicting Relationships - 472 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees 1019.1 PURPOSE AND SCOPE This policy establishes procedures, protocols and actions for investigating and reporting domestic violence involving employees of this and other law enforcement agencies. The intent of this policy is to ensure that law enforcement employees are held to the standards of the law regarding domestic violence (RCW 10.99.090). 1019.1.1 DEFINITIONS Agency - Means a general authority Washington law enforcement agency as defined in RCW 10.93.020. Employee - Means any person currently employed with an agency. Sworn Employee - Means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to carry out the duties of the sheriff under RCW Chapter 36.28. 1019.2 DEPARTMENT RESPONSIBILITIES Tukwila Police Department has the following obligations (RCW 10.99.030 and 10.99.090): (a) Provide pre -hire screening procedures reasonably calculated to disclose whether an applicant for a sworn employee position has a history of domestic violence, child abuse allegations, or have been subject to protective order. (b) Maintain ongoing and meaningful relationships with victim advocacy groups and other domestic violence professionals in the community. (c) Provide education to Tukwila Police Department employees on the dynamics of interpersonal violence. (d) In response to observed behavior or at the request of the employee, the Tukwila Police Department may offer or recommend intervention services to employees. If domestic violence is suspected, the referral should be to a domestic violence specialist. (e) Any employee who becomes aware of domestic violence committed by a sworn employee must immediately report that allegation to their supervisor. (f) Recognize that employees who disclose that they have personally engaged in criminal acts of domestic violence are not entitled to confidentiality. Such acts shall be investigated administratively and criminally as appropriate. (9) Provide information to employing law enforcement agencies within 24 hours of a domestic violence or domestic dispute report involving a sworn officer. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 473 Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees (h) Provide information on this domestic violence policy and programs under RCW 26.50.150 to employees and make it available to employee families and the public. (i) Provide victims of domestic violence by Tukwila Police Department employees a department point of contact to assist the victim through the investigative process. Consideration should be given to selecting a point of contact at least one rank higher than the perpetrator, and would ideally be someone other than the investigator. (j) Provide victims of domestic violence by Tukwila Police Department employees contact information about public and private nonprofit domestic violence services and information regarding relevant confidentiality policies related to the victim's information. (k) Respond to Tukwila Police Department employees who are alleged victims of violence at the hands of sworn employees of the Tukwila Police Department. Safety concerns and domestic violence services information will be reviewed with the victim employee. (I) Provide for an impartial administrative investigation and appropriate criminal investigation of all acts of domestic violence allegedly committed by a sworn employee and appropriate sanctions when it is found that an employee has committed an act of domestic violence. Administrative investigations may be conducted by the Tukwila Police Department or through agreements with other law enforcement agencies (m) Consider whether to relieve a sworn employee of Department -issued weapons and suspend law enforcement powers pending resolution of an investigation. 1019.2.1 SUPERVISOR RESPONSIBILITIES Supervisors are required to: (a) Be aware of behaviors in their subordinates that could be indicative of domestic violence and properly process observations of such behavior. (b) Ensure that domestic violence incidents are properly recorded and processed according to this policy. (c) If notified by an outside agency of a DV incident involving a TPD employee, immediately contact the CDO. 1019.2.2 COMMAND DUTY OFFICER RESPONSIBILITIES A command duty officer shall be notified of an incident covered by this policy and shall notify the Chief of Police promptly of such incident and: (a) If a TPD employee is involved: 1. Determine if the involved employee's law enforcement powers shall be suspended and if duty weapon, and other Department -owned equipment shall Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 474 Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees be removed pending investigation outcome and possible prosecutorial charging decision. 2. Issue an administrative order prohibiting contact with the victim if appropriate. 3. Respond or designate a Command Officer to respond to a scene if the involved employee is a sergeant or above, or if the situation dictates command presence. 4. If there is probable cause for the arrest of the employee, assure the employee's department weapon and identification are recovered. 5. Initiate notification for an internal investigation report in accordance with policy 1020. (b) If an employee of another law enforcement agency is involved they shall: 1. Verify command notification of the employing agency. 2. Verify the supervisor has offered assistance with removing weapons, police powers, etc. 3. Ensure that the Tukwila Police Department provides appropriate reports and any other requested documentation to the employing agency. 1019.2.3 DOMESTIC VIOLENCE SPECIALIST RESPONSIBILITIES (a) In all instances of law enforcement domestic violence the Domestic Violence Specialist or DV Unit Supervisor shall: 1. Review the report and assign the criminal investigation or coordinate with the agency of jurisdiction. 2. Coordinate with the appropriate prosecutor's office regarding charging and prosecution. 3. Coordinate with the appropriate domestic violence advocacy organization to assist with victim safety concerns. Victim notification of each step of the administrative process is critical to victim safety. (b) All completed investigations of domestic violence that reveal probable cause of a crime committed by any agency sworn employees or the agency head shall be promptly forwarded to the appropriate prosecuting authority for a charging decision. (c) For all situations involving an employee of this department, the Domestic Violence Specialist or DV Unit Supervisor shall: 1. Contact the victim. 2. Introduce the point of contact. 3. Provide an update regarding the administrative process. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 475 Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees 1019.3 EMPLOYEE ACTIONS Law enforcement employees have the following obligations or entitlements (RCW 10.99.090): (a) Employees are entitled to seek assistance through the employee assistance program, employee peer counselors, chaplains, or psychological professionals, however, in situations where family violence is indicated a referral to a domestic violence specialist is critical. (b) Employees with knowledge or information about any sworn employee in violation of this policy shall report in writing upon request. (c) Employees who are victims of domestic violence are encouraged to request assistance, but are not subject to punitive measures for failing to report their abuse. (d) Employees should be alert to the likelihood of victim or witness intimidation and shall immediately take appropriate action. This action will include, but is not limited to the report to their supervisor or Professional Standards Commander within 24 hours. (e) Employees shall fully cooperate with the investigation of allegations under this Policy. (f) When another law enforcement agency responds to a call in which a sworn Tukwila Police Department employee is alleged to have been involved in a domestic dispute or committed an act of domestic violence, the involved employee must immediately report that police response to the on -duty supervisor. A written report must follow within 24 hours, subject to the agency's internal investigatory process. (9) When an employee becomes the subject of an investigation for child abuse or neglect, or becomes subject to an order under RCW 26.44.063 or RCW 26.50 or any equivalent order issued by another state or tribal court, that employee must immediately report the fact to the on -duty supervisor. A written report must follow within 24 hours to include a copy of any order and any notices of court dates, appearances, and proceedings received by the employee. 1019.4 INCIDENT RESPONSE Any notification of any incident of domestic violence involving any law enforcement officer requires a prompt response, full investigation and a complete written report by this department (RCW 10.99.030). These incidents additionally require: (a) On -scene supervisory presence. (b) Notification through the chain of command to the Chief of Police of this department; and if the incident involves employees of another agency, immediate notification of the employing agency. (c) The Chief of Police may delegate responsibility for receiving such reports to a specialized unit and/or specific person. Anyone so designated the Domestic Violence Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 476 Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees Detective or Domestic Violence Advocate should have specialized training regarding the dynamics of violent relationships, victim safety and the role of advocacy. The point of contact or unit supervisor should review each referral for any potential conflict of interest (d) In the event of a report of domestic violence alleged to have been committed by the Chief of Police, prompt notification will be made to the City Manager. 1019.4.1 PATROL RESPONSE A patrol officer responding to an incident described as domestic violence involving a law enforcement officer shall request a supervisory response. (a) The primary unit will conduct a thorough investigation, including, but not limited to: 1. Photographs of the crime scene and any injuries identified. 2. Statements from all witnesses, including children, if any. 3. The Domestic Violence Supplemental Report Form. 4. Seizure of any weapons used or referred to in the crime. 5. Signed medical releases. 6. Copies of dispatch (CAD) records. 7. 9-1-1 call recording preserved. 8. Statement of the victim; statement of the suspect. 9. Determine if the victim requests any guns or specific weapons be removed for safekeeping and accommodate removal or explain the process for seeking a court order for removal. 10. Complete the report as soon as possible, but prior to the completion of their shift. (b) Patrol units responding to suspicious circumstances, compelling third party accounts of incidents, unexplained property damage, etc. or other troubling event involving law enforcement officers will complete written reports of the incident. (c) A copy of all reports of the incident should be forwarded through the appropriate routing and a copy sent to the CDO. 1019.4.2 PATROL SUPERVISOR RESPONSE A patrol supervisor shall: (a) Respond whenever practical to the scene of any domestic violence incident involving sworn employees of this department regardless of jurisdiction. Supervisors will coordinate information and offer assistance to the agency of jurisdiction to provide a complete investigation. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 477 Tukwila Police Department Tukwila PD Policy Manual Domestic Violence Involving Law Enforcement Employees (b) Respond to the scene of all domestic violence incidents within the jurisdiction of the Tukwila Police Department involving any law enforcement officer and coordinate the investigation applying appropriate resources. (c) Notify the CDO. (d) Ensure a thorough report is completed by the end of shift on all incidents, whether deemed criminal or not and route it appropriately. (e) In the event of the arrest of a sworn employee of the Tukwila Police Department department -issued weapons and identification shall be seized. Consideration should be given to other agency equipment and inquiries made about voluntary surrender of personal weapons that may be secured for safekeeping. (f) In the event of the arrest of a sworn employee of another agency, contact that agency prior to custody transport and request authorization to seize that employee's agency - issued weapons or arrange for the employing agency to obtain them. (g) Endeavor to make a good faith effort to locate the suspect if there is probable cause for an arrest. (h) Explain the process to the victim, including the opportunity for applicable emergency protection orders, administrative no -contact orders, and confidentiality statutes and policies. (i) Provide the victim with a DV Checksheet and TPD contact information, acting as the point of contact until another assignment is made. 1019.5 VICTIM SAFETY ASSISTANCE AND NOTIFICATION The Tukwila Police Department will work with community resources and domestic violence advocacy agencies and shall make available to the victim (RCW 10.99.090): (a) Information on how to obtain protective orders and/or removal of weapons from his/ her home. (b) Assistance with obtaining such orders in coordination with domestic violence victim advocates. (c) A copy of this policy and any agency confidentiality policy. (d) Information about public and private domestic violence advocacy resources to include the Washington State Domestic Violence Hotline. (e) Information related to relevant confidentiality policies related to the victim's information and public disclosure as provide by law. (f) The Tukwila Police Department will coordinate victim notification regarding criminal and administrative investigative processes through the designated agency liaison in order to assist with victim safety. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Domestic Violence Involving Law Enforcement Published with permission by Tukwila Police Department Employees - 478 Tukwila Police Department Tukwila PD Policy Manual Department Badges 1020.1 PURPOSE AND SCOPE The Tukwila Police Department badge and uniform patch as well as the likeness of these items and the name of the Tukwila Police Department are the property of the Department and their use shall be restricted as set forth in this policy. 1020.2 POLICY The uniform badge shall be issued to department members as a symbol of authority and the use and display of departmental badges shall be in strict compliance with this policy. Only authorized badges issued by this department shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. If an employee misplaces or loses their badge they will notify their supervisor and a review will be opened. 1020.2.1 BADGE ISSUANCE (a) The department will issue each officer one (1) badge with their badge number on it. (b) New officers that are in Field Training will be issued one (1) "WA" badge. Once that officer succesfully completes Field Training, they will be issued a numbered badge. (c) If an officer is promoted in rank, he/she will be required to turn in their old numbered badge prior to receiving the new numbered badge. (d) If an officer retires in good standing, the last badge issued will be given as a gift. (e) Employees may not purchase department badges for a personal collection. (f) Command Staff may have two (2) numbered badges issued. 1020.2.2 CIVILIAN AND NON -SWORN PERSONNEL Badges and departmental identification cards issued to non -sworn personnel shall be clearly marked to reflect the position of the assigned employee (e.g. Parking Control, Dispatcher). Non -sworn personnel shall not display any department badge except as a part of his/her uniform and while on duty, or otherwise acting in an official and authorized capacity. Non -sworn personnel shall not display any department badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer. 1020.2.3 FLAT BADGE Employees assigned to the Investigation Division may be issued a flat badge in addition to their numbered badge. (a) Should the flat badge become lost, damaged, or otherwise removed from the officer's control, he/she shall make the proper notifications as outlined in the Department Owned and Personal Property Policy. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Badges - 479 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Badges (b) The purchase, carrying or display of a flat badge is not authorized for non -sworn personnel. 1020.2.4 RETIREE UNIFORM BADGE Upon honorable retirement employees will be given his/her assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia as other uses of the badge may be unlawful or in violation of this policy. 1020.3 UNAUTHORIZED USE Except as required for on -duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer. Department badges are issued to all sworn employees and non -sworn uniformed employees for official use only. The department badge, shoulder patch or the likeness thereof, or the department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda, and electronic communications such as electronic mail or web sites and web pages. The use of the badge, uniform patch and department name for all material (printed matter, products or other items) developed for Department use shall be subject to approval by the Chief of Police. Employees shall not loan his/her department badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. 1020.4 PERMITTED USE BY EMPLOYEE GROUPS The likeness of the department badge shall not be used without the expressed authorization of the Chief of Police and shall be subject to the following: (a) The employee associations may use the likeness of the department badge for merchandise and official association business provided they are used in a clear representation of the association and not the Tukwila Police Department. The following modifications shall be included: 1. The text on the upper and lower ribbons is replaced with the name of the employee association. 2. The badge number portion displays the initials of the employee association; or left blank. (b) The likeness of the department badge for endorsement of political candidates shall not be used without the expressed approval of the Chief of Police. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Badges - 480 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Modified -Duty Assignments 1021.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified -duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules or current collective bargaining agreements or memorandums of understanding. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1021.2 POLICY Subject to operational considerations, the Tukwila Police Department may identify temporary modified -duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1021.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified -duty assignments will be given to employees with work -related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Washington Law Against Discrimination shall be treated equally, without regard to any preference for a work -related injury. No position in the Tukwila Police Department shall be created or maintained as a temporary modified -duty assignment. Temporary modified -duty assignments are a management prerogative and not an employee right. The availability of temporary modified -duty assignments will be determined on a case -by - case basis, consistent with the operational needs of the Department. Temporary modified -duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee's ability to perform in a modified -duty assignment. The Chief of Police or the authorized designee may restrict employees working in temporary modified -duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle or engaging in outside employment, or may otherwise limit them in employing their peace officer powers. Temporary modified -duty assignments shall generally not exceed a cumulative total of 1,040 hours in any one-year period. 1021.4 PROCEDURE Employees may request a temporary modified -duty assignment for short-term injuries or illnesses. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Temporary Modified -Duty Assignments - 481 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Modified -Duty Assignments Employees seeking a temporary modified -duty assignment should submit a written request to their Division Commanders or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: (a) An assessment of the nature and probable duration of the illness or injury. (b) The prognosis for recovery. (c) The nature and scope of limitations and/or work restrictions. (d) A statement regarding any required workplace accommodations, mobility aids or medical devices. (e) A statement that the employee can safely perform the duties of the temporary modified -duty assignment. The Division Commander will make a recommendation through the chain of command to the Chief of Police regarding temporary modified -duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Human Resources Department or the City Attorney as appropriate. Requests for a temporary modified -duty assignment of 20 hours or less per week may be approved and facilitated by the Shift Sergeant or Division Commander, with notice to the Chief of Police. 1021.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified -duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee's medical appointments, as mutually agreed upon with the Division Commander. 1021.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to: (a) Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors. (b) Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c) Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. (d) Submitting a written status report to the Division Commander that contains a status update and anticipated date of return to full -duty when a temporary modified -duty assignment extends beyond 60 days. 1021.5.2 SUPERVISOR RESPONSIBILITIES The employee's immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Temporary Modified -Duty Assignments - 482 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Temporary Modified -Duty Assignments The responsibilities of supervisors shall include, but not be limited to: (a) Periodically apprising the Division Commander of the status and performance of employees assigned to temporary duty. (b) Notifying the Division Commander and ensuring that the required documentation facilitating a return to full duty is received from the employee. (c) Ensuring that employees returning to full duty have completed and required training and certification. (d) Temporary modified -duty assignments that extend beyond 90 days will require a written status report by the employee's supervisor and a request for an extension to the Division Commander with an update of the employee's current status and anticipated date of return to regular duty. Extensions require approval of the Chief of Police. 1021.6 MEDICAL EXAMINATIONS Prior to returning to full -duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations. The Department may require a fitness -for -duty examination prior to returning an employee to full - duty status, in accordance with the Fitness for Duty Policy. 1021.7 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided the certification, training or qualifications are not in conflict with an limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisor of any inability to maintain any certification, training or qualifications. 1021.8 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified -duty assignment. Nothing in this policy limits a pregnant employee's right to a temporary modified -duty assignment if required under RCW 43.10.005 or WAC 357-26-030 et seq. 1021.8.1 NOTIFICATION Pregnant employees should notify their immediate supervisors as soon sa practicable and provide a statement from their medical providers identifying any pregnancy related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City's personnel rules and regulations regarding family and medical care leave. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Temporary Modified -Duty Assignments - 483 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Social Media 1022.1 PURPOSE The Tukwila Police Department fully endorses the secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity. This policy establishes this department's position on the utility and management of social media and provides guidance on its management, administration, and oversight. This policy is not meant to address one particular form of social media, rather social media in general, as advances in technology will occur and new tools will emerge. 1022.2 POLICY Social media provides a valuable means of assisting the department and its personnel in meeting community outreach, problem -solving, investigative, crime prevention, and related objectives. As such, this policy is considered to be a proactive approach to allowing department representatives to use social media individually and collectively to communicate with the public and solve crimes. This policy identifies potential uses that may be explored or expanded upon as deemed reasonable by administrative and supervisory personnel. The Tukwila Police Department expects personnel to understand the basic fundamentals of social media usage. To such an end, designated Departmental members will receive training on social media platforms currently in use and investigative tactics commonly deployed. 1022.3 DEFINITIONS 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." Page: The specific portion of a social media website where content is displayed and managed by an individual or individuals with administrator rights. Post: Content an individual shares on a social media site or the act of publishing content on a site. Profile: Information that a user provides about himself or herself on a social networking site. Social Media: A category of Internet -based resources that integrate user -generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), microblogging sites (Twitter, Nixle), photo- and video -sharing sites (Vine, Instagram, Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web 2.0: The second generation of the World Wide Web focused on shareable, user -generated content, rather than static web pages. Some use this term interchangeably with social media. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Social Media - 484 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Social Media Wiki: Web page(s) that can be edited collaboratively. 1022.4 ON-THE-JOB USE (a) Potential Uses 1. Social media is a valuable investigative tool when seeking evidence or information about: (a) Missing persons (b) Wanted persons (c) Gang participation (d) Crimes perpetrated online (i.e., cyberbullying, cyberstalking); and (e) Photos or videos of a crime posted by a participant or observer 2. Social media can be used for community outreach and engagement by: (a) Providing crime prevention tips (b) Offering online reporting opportunities (c) Sharing crime maps and data, and (d) Soliciting tips about unsolved crimes (i.e., Crimestoppers, text -a -tip) (e) Providing recruiting information to potential candidates (f) Advertising upcoming community events 3. Social media can be used to make time sensitive notifications related to: (a) Road closures (b) Special events (c) Weather emergencies; and (d) Missing or endangered persons 4. Any post pertaining to an active and ongoing incident that would require a Command Duty Officer (CDO) notification will be approved by the CDO prior to posting. (b) Department Sanctioned Presence (a) Determine strategy (a) Social media page(s) will be accessible to all authorized departmental members once they have been trained on the proper use of the page. (b) Departmental members are encouraged to use social media for furthering the mission and goals of the Tukwila Police Department. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Social Media - 485 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Social Media (c) Investigators are encouraged to use social media for solving crimes they have been assigned. (d) Command staff is encouraged to use social media for communicating departmental trends and successes to the users of social media. (b) Procedures (a) All department social media sites shall be approved by the Chief of Police or his/her designee and shall be administered by the Professional Standards Commander, Professional Standards Sergeant, Patrol Commander's Assistant or the Professional Standards Administrative Support Specialist. (b) Where possible, social media pages shall clearly indicate they are maintained by the department and should have department contact information prominently displayed. (c) Social media content shall adhere to applicable laws, regulations, and policies, including all information technology and records management policies. (a) Tukwila Police Department social media sites are subject to the State of Washington public record laws. Relevant records retention schedules apply to social media content. (b) Content must be managed, stored and retrieved to comply with open records laws and e-discovery laws and policies. (c) As such, Social Media Administrators that encounter information which violates the terms of use of this policy will remove the post from the site. A record of the post will be automatically retained and archived via IT for public records disclosure requests. (d) Where possible, social media pages should state that the opinions expressed by visitors to the page(s) do not reflect the opinions of the department. (a) Pages shall clearly indicate that posted comments will be monitored and that the department reserves the right to remove obscenities, off -topic comments, and personal attacks. (b) Pages shall clearly indicate that any content posted or submitted for posting is subject to public disclosure. (e) In the case of Facebook, members of the public will be allowed to comment on department generated posts, but not post independently on department pages. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Social Media - 486 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Social Media (f) Social Media Administrators will ensure they monitor department pages daily during their work week. (g) Any complaint received via social media will be referred to the department's normal complaint process. (a) Every attempt will be made to contact the complainant, preferably offline, to refer them to our complaint process. (b) The Social Media Administrator will provide the on -duty patrol sergeant with a printed screenshot of the original complaint. (c) Department Sanctioned Use (a) Department personnel representing the department via social media outlets shall do the following: 1. Conduct themselves at all times as representatives of the department and, accordingly, shall adhere to all department standards of conduct and observe conventionally accepted protocols and proper decorum. 2. Identify themselves as a member of the department when necessary. 3. Not make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending prosecutions, no post, transmit, or otherwise disseminate confidential information. 4. Not conduct political activities or private business. (b) The use of department computers by department personnel to access social media for personal use is prohibited without authorization. (c) Department personnel use of personally owned devices to manage the department's social media activities or in the course of official duties is discouraged. (d) It is preferred that department personnel use devices assigned to them by the department for the dedicated purpose of managing the department's social media activities. (e) Employees shall observe and abide by all copyright, trademark and service mark restrictions in posting materials to electronic media. (c) Terms of Use for Users and Visitors 1. Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communications between the Tukwila Police Department members and the public. Tukwila Police Department Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Social Media - 487 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Department Social Media social media site articles and comments containing any of the following forms of content shall not be allowed: (a) Comments not topically related to the particular social medium article being commented upon. (b) Comments in support or opposition to political campaigns or ballot (c) Profane language or content. (d) Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation. (e) Sexual content or links to sexual content. (f) Solicitations of commerce. (g) Conduct or encouragement of illegal activity. (h) Information that may tend to compromise the safety or security of the public or public systems; or (i) Content that violates a legal ownership interest of any other party. 2. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date, and identity of the poster when available. 3. The Tukwila Police Department reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law. (d) Social Media Sites/Tools (a) The Tukwila Police Department will approach the use of social media tools as consistently as possible. (b) All new social media tools proposed for department use will be approved by the Chief of Police. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Department Social Media - 488 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Employee Speech, Expression and Social Networking 1023.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1023.1.1 APPLICABILITY This policy applies to all forms of communication including but not limited to film, video, print media, public or private speech, use of all Internet services, including the World Wide Web, e- mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file -sharing sites. 1023.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Tukwila Police Department will carefully balance the individual employee's rights against the Department's needs and interests when exercising a reasonable degree of control over its employees' speech and expression. 1023.3 SAFETY Employees should consider carefully the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of the Tukwila Police Department employees, such as posting personal information in a public forum, can result in compromising an employee's home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that would reasonably be expected to compromise the safety of any other employee, anyother employee's family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Employee Speech, Expression and Social Published with permission by Tukwila Police Department Networking - 489 Tukwila Police Department Tukwila PD Policy Manual Employee Speech, Expression and Social Networking • Disclosing a photograph and name or address of an officer who is working undercover. • Disclosing the address of a fellow officer. • Otherwise disclosing where another officer can be located off -duty. 1023.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the department's safety, performance and public -trust needs, the following is prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern): (a) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Tukwila Police Department or its employees. (b) Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Tukwila Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the Tukwila Police Department or its employees. (c) Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d) Speech or expression of any form that would reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape. (e) Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Tukwila Police Department. (f) Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee (RCW 9A.68.020). (9) Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Tukwila Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Employee Speech, Expression and Social Published with permission by Tukwila Police Department Networking - 490 Tukwila Police Department Tukwila PD Policy Manual Employee Speech, Expression and Social Networking Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. (h) Accessing websites for non -authorized purposes, or use of any game device or media device, whether personally or department -owned, for personal purposes while on - duty, except in the following circumstance: 1. During authorized breaks; such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment. Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1023.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Tukwila Police Department or identify themselves in any way that could be reasonably perceived as representing the Tukwila Police Department in order to do any of the following, unless specifically authorized by the Chief of Police: (a) Endorse, support, oppose or contradict any political campaign or initiative. (b) Endorse, support, oppose or contradict any social issue, cause or religion. (c) Endorse, support or oppose any product, service, company or other commercial entity. (d) Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or any website. Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization (e.g. bargaining group), is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Tukwila Police Department. Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while off - duty. However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Employee Speech, Expression and Social Published with permission by Tukwila Police Department Networking - 491 Tukwila Police Department Tukwila PD Policy Manual Employee Speech, Expression and Social Networking 1023.5 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to e-mails, texts or anything published or maintained through file -sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system. The Department reserves the right to access, audit and disclose for whatever reason any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the department e- mail system, computer network or any information placed into storage on any department system or device. This includes records of all key strokes or web -browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a user name or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. However, the Department shall not require a member to disclose a personal user name or password, or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work -related misconduct (RCW 49.44.200). 1023.6 CONSIDERATIONS Subject to available resources, the Department should provide training regarding employee speech and the use of social networking to all members of the Department. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Employee Speech, Expression and Social Published with permission by Tukwila Police Department Networking - 492 Tukwila Police Department Tukwila PD Policy Manual Peer Support Program 1024.1 PURPOSE This policy establishes a Peer Support Program for department employees. 1024.2 POLICY STATEMENT Department employees are subject to many sources of stress that can adversely affect job performance. A peer support program is hereby established as a resource to assist employees resolve stressful situations. Participation is voluntary. The department recognizes that participation in this program is confidential unless otherwise listed below. 1024.3 PEER SUPPORT TEAM (PST) MEMBERS (a) Selection process: 1. The Chief of Police will assign a PST Commander for the functional oversight of the program. The Commander shall complete PST training as soon as practically feasible. 2. Openings for PST members will be posted. 3. The PST Commander will oversee the selection process. 4. PST members will participate in the selection process. 5. The PST Commander will review the recommendations and forward them to the Chief of Police. 6. The Chief of Police will choose PST members and supervisor. (b) PST members will attend department approved training before responding to counseling requests. (c) Upon completion of training, the Chief of Police will issue a certification letter to the PST member. This letter will serve as legal recognition of the appointment and provide legal confidentiality privileges. This letter will be rescinded when the member leaves the team, or at any time by the Chief of Police. (d) Department facilities, vehicles, and equipment may be used to facilitate peer counseling. The on -duty supervisor or incident commander will determine resource allocation. (e) Valley Communications and Special Services will maintain a call in list of PST members. (f) PST membership is voluntary. A team member may decline a call -in or remove himself from the program. (g) Pay and leave for PST duties will be in accordance with policy and the labor contract. Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. Peer Support Program - 493 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Peer Support Program 1024.4 PROGRAM PARTICIPATION (a) An employee may contact a PST member at any time. The counselor and employee will arrange for a time and place for a counseling session. The PST Commander or CDO shall approve overtime. (b) In the case of a critical incident, the incident commander or CDO may call in a PST member(s). The counselor(s) will respond as a resource to involved personnel. (c) The peer support team will coordinate Critical Incident Stress Debriefings as necessary. (d) Peer support team members who were an initial responder, witness, or a party to an incident shall not be assigned as peer support for that incident. 1024.5 CONFIDENTIALITY Peer support counseling sessions are private and confidential. The PST member will not discuss the session with anyone, including other counselors, unless the employee gives written permission. PST members have the same legal confidentiality privileges as a mental health care professional (RCW 5.60.060). There are exceptions to confidentiality, in the following circumstances: (a) Suspected domestic violence (RCW 10.99.030). (b) Suspected child abuse, including physical, sexual, or neglect (RCW 26.44). (c) Suspected abuse of vulnerable adults (RCW 74.34). (d) Suspected danger to self or others, including the general public (RCW 71.05). (e) If the peer support team member was the initial responder or witness to the incident (RCW 5.60). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Peer Support Program - 494 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention 1025.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Tukwila Police Department, in accordance with the requirements of an Accident, Illness and Injury Prevention Program (AIIPP) (WAC 296-800-140 et seq.). This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede, but supplements any related Citywide safety efforts. 1025.2 POLICY The Tukwila Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work -related accidents, illness and injuries. The Department will establish and maintain an AIIPP and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the Department to comply with all laws and regulations related to occupational safety. 1025.3 ACCIDENT, ILLNESS AND INJURY PREVENTION PLAN The Professional Standards Commander is responsible for developing an accident, illness and injury prevention plan that shall include (WAC 296-800-14005): (a) A description of the entire accident, illness and injury plan, including workplace safety and health training programs. (b) A safety orientation that covers all components of the AIIPP. (c) Regularly scheduled safety meetings. (d) Posted or distributed safety information (WAC 296-800-19005; WAC 296-800-20005). (e) A system for members to anonymously inform management about workplace hazards. (f) Establishment of a safety and health committee that will (WAC 296-800-130): 1. Meet regularly. 2. Prepare a written record of safety and health committee meetings. 3. Review the results of periodic scheduled inspections. 4. Review investigations of accidents and exposures. 5. Make suggestions to command staff for the prevention of future incidents. 6. Review investigations of alleged hazardous conditions. 7. Submit recommendations to assist in the evaluation of member safety suggestions. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 495 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention 8. Assess the effectiveness of efforts made by the Department to meet applicable standards (WAC 296-800-100 et seq.). (g) Establishing a process to ensure workplace accidents involving a fatality or in -patient hospitalization of any member are reported as required to the Washington Department of Labor and Industries (WAC 296-27-031). (h) On-the-job review and training of the practices necessary to perform the initial job assignments in a safe manner and how to properly address hazards. (i) Instruction on reporting injuries and location of first -aid facilities. 0) The use and care of required personal protective equipment (PPE). (k) The proper actions to take during emergencies, including the routes for exiting work areas. (1) Identification of the hazardous gases, chemicals or materials, along with the instructions on their safe use and emergency action following accidental exposure. (m) The development, supervision, implementation and enforcement of training programs to improve the skill, awareness and competency of all members regarding occupational safety and health (WAC 296-800-14020). 1025.3.1 SAFETY COMMITTEE The City of Tukwila maintains a safety committee to communicate and evaluate safety and health issues that may affect members and to promote a safe and healthy work environment. The safety committee should include employee -elected and department -selected members. The number of employee -elected members must equal or exceed the number of department -selected members. A chairperson of the committee shall be elected (WAC 296-800-13020). The safety committee will: (a) Review safety and health inspection reports to help correct safety standards. (b) Evaluate accident investigations conducted since the last meeting to determine if the causes of the unsafe situation were identified and corrected. (c) Evaluate the AIIPP and discuss recommendations for improvement, if needed. (d) Document attendance. (e) Write down the subject discussed. (f) Prepare minutes of each meeting that shall be made available for review by safety and health consultation personnel of the Washington Department of Labor and Industries. 1025.4 PROFESSIONAL STANDARDS UNIT COMMANDER RESPONSIBILITIES The responsibilities of the Professional Standards Unit Commander include, but are not limited to: (a) Managing, implementing and enforcing a plan to reduce the incidence of member accident, illness and injury (WAC 296-800-14025). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 496 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention (b) Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: 1. New member orientation that includes a discussion of safety and health policies and procedures. 2. Regular member review of the accident, illness and injury prevention plan. (c) Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d) Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes, but is not limited to: 1. Informing members of the accident, illness and injury prevention guidelines. 2. Recognizing members who perform safe work practices. 3. Ensuring that the member evaluation process includes member safety performance. 4. Ensuring department compliance to meet standards regarding the following: (a) Communicable diseases (WAC 296-823-100 et seq.) (b) PPE (WAC 296-800-160 et seq.) (c) Respiratory protection (WAC 296-800-160) (d) First aid (WAC 296-800-150 et seq.) (e) Safe workplace (WAC 296-800-110 et seq.) (f) Emergency Action Plan and Fire Prevention Plan (WAC 296-24-567) (e) Making available a form to document inspections, unsafe conditions or work practices, and actions taken to correct unsafe conditions and work practices. (f) Making available a form to document individual incidents or accidents. (g) Developing a form to document the safety and health training of each member. This form will include the member's name or other identifier, training dates, type of training and training providers. 1025.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a) Ensuring member compliance with accident, illness and injury prevention guidelines and answering questions from members about this policy. (b) Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c) Establishing and maintaining communication with members on health and safety issues. This is essential for an injury -free, productive workplace. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 497 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention (d) Completing required forms and reports relating to accident, illness and injury prevention; such forms and reports shall be submitted to the Professional Standards Unit Commander. (e) Notifying the Professional Standards Unit Commander when: 1. New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2. New, previously unidentified hazards are recognized. 3. Occupational accidents, illnesses and injuries occur. 4. New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5. Workplace conditions warrant an inspection. 1025.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on the appropriate form. This form should be forwarded to the Professional Standards Unit Division Commander via the chain of command. The Professional Standards Unit Division Commander will take appropriate action to ensure the accident, illness and injury prevention plan addresses potential hazards upon such notification. 1025.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment. The Professional Standards Unit Commander shall ensure that the appropriate documentation is completed for each inspection. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 498 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention 1025.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their PPE prior to working in the field. Members shall complete the appropriate form if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1025.8 INVESTIGATIONS Any member sustaining any work -related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on -duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a) A visit to the accident scene as soon as possible. (b) An interview of the injured member and witnesses. (c) An examination of the workplace for factors associated with the accident/exposure. (d) Determination of the cause of the accident/exposure. (e) Corrective action to prevent the accident/exposure from reoccurring. (f) Documentation of the findings and corrective actions taken. Additionally, the supervisor should proceed with the steps to report an on -duty injury, as required under the Occupational Disease and Work -Related Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. 1025.9 TRAINING The Professional Standards Unit Commander shall work with the Training Officer to provide all members, including supervisors, with training on general and job -specific workplace safety and health practices (WAC 296-800-14020). Training shall be provided: (a) To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b) To all members with respect to hazards specific to each member's job assignment. (c) To all members given new job assignments for which training has not previously been provided. (d) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e) Whenever the Department is made aware of a new or previously unrecognized hazard. 1025.9.1 TRAINING TOPICS The Training Officer shall ensure that training includes: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 499 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Accident, Illness and Injury Prevention (a) Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b) Use of appropriate clothing, including gloves, footwear and PPE. (c) Use of respiratory equipment. (d) Availability of toilet, hand -washing and drinking -water facilities. (e) Provisions for medical services and first aid. (f) Handling of bloodborne pathogens and other biological hazards. (g) Prevention of heat and cold stress. (h) Identification and handling of hazardous materials, including chemical hazards to which members could be exposed. (i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non -ionizing radiation. Q) Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k) Back exercises/stretches and proper lifting techniques. (1) Avoidance of slips and falls. (m) Good housekeeping and fire prevention. (n) Other job -specific safety concerns. 1025.10 RECORDS Records and training documentation relating to accident, illness and injury prevention will be maintained in accordance with the established records retention schedule. Safety committee records shall be retained for a minimum of one year (WAC 296-800-13020). Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Accident, Illness and Injury Prevention - 500 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Attendance 1026.1 PURPOSE This policy defines attendance expectations 1026.2 NORMALLY SCHEDULED SHIFT (a) Employees shall start and end all shifts as scheduled unless other arrangements are approved by the employee's supervisor. (b) Leave will be scheduled by the shift/unit supervisor. Single instance, short-term leave may be approved by the acting supervisor in the absence of the shift/unit supervisor. If no supervisor is available, approval of the division commander will be sought before changing scheduled shifts. (c) The department understands that employees may need to deviate from a scheduled shift due to unforeseen circumstances. In these cases, the employee's supervisor will be contacted as soon as practical. (d) Pre -arranged sick leave will be scheduled with the employee's supervisor. For unforeseen sick leave use, the employee will make the appropriate notification based on duty assignment. Patrol Officers will call the on -duty supervisor. Special Services employees will notify the on -duty Specialist. All other employees will use the process specified by the unit supervisor. 1026.3 TRAINING (a) When training is posted for open sign-up, employees will sign-up for a class as soon as practical but no less than two week before the day of the training. Once signed - up, employees will not remove their name or change classes without their supervisor's approval. (b) Once scheduled for any training class, the employee must attend unless excused by his supervisor. (c) The employee will arrive at the training venue on time and stay until released by the instructor. (d) If unforeseen circumstances arise causing the employee to become unavailable for training, he will notify the instructor and/or his supervisor as soon as possible. 1026.4 CALL -IN FOR UNSCHEDULED INCIDENTS OR PATROL STAFFING SHORTAGES In some cases, a supervisor or member of command staff may compel an employee to report for duty to respond to unscheduled incidents, emergencies, or staff shortages. The supervisor or member of command staff may pull employees from training, off -duty, or contracted overtime. In these cases, the employee will report for duty as soon as possible. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. ,Attendance - 501 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths 1027.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of the Tukwila Police Department in the event of the death of a member occurring in the line of duty and to direct the Department in providing proper support for the member's survivors. The Chief of Police may also apply some or all of this policy in situations where members are injured in the line of duty and the injuries are life -threatening. 1027.1.1 DEFINITIONS Definitions related to this policy include: Line -of -duty death - The death of a sworn member during the course of performing law enforcement -related functions while on- or off -duty, or a non -sworn member during the course of performing their assigned duties. Survivors - Immediate family members of the deceased member, which can include spouse, children, parents, other next of kin or significant others. The determination of who should be considered a survivor for purposes of this policy should be made on a case -by -case basis given the individual's relationship with the member and whether the individual was previously designated by the deceased member. 1027.2 POLICY It is the policy of the Tukwila Police Department to make appropriate notifications and to provide assistance and support to survivors and coworkers of a member who dies in the line of duty. It is also the policy of this department to respect the requests of the survivors when they conflict with these guidelines, as appropriate. 1027.3 INITIAL ACTIONS BY COMMAND STAFF (a) Upon learning of a line -of -duty death, the deceased member's supervisor should provide all reasonably available information to the Shift Sergeant and ValleyCom. 1. Communication of information concerning the member and the incident should be restricted to secure networks to avoid interception by the media or others (see the Public Information Officer section of this policy). (b) The Shift Sergeant should ensure that notifications are made in accordance with the Officer -Involved Shootings and Deaths and Major Incident Notification policies as applicable. (c) If the member has been transported to the hospital, the Shift Sergeant or the designee should respond to the hospital to assume temporary responsibilities as the Hospital Liaison. (d) The Chief of Police or the authorized designee should assign members to handle survivor notifications and assign members to the roles of Hospital Liaison (to relieve Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 502 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths the temporary Hospital Liaison) and the Department Liaison as soon as practicable (see the Notifying Survivors section and the Department Liaison and Hospital Liaison subsections in this policy). 1027.4 NOTIFYING SURVIVORS Survivors should be notified as soon as possible in order to avoid the survivors hearing about the incident in other ways. The Chief of Police or the authorized designee should review the deceased member's emergency contact information and make accommodations to respect the member's wishes and instructions specific to notifying survivors. However, notification should not be excessively delayed because of attempts to assemble a notification team in accordance with the member's wishes. The Chief of Police, Shift Sergeant or the authorized designee should select at least two members to conduct notification of survivors, one of which may be the Department Chaplain. Notifying members should: (a) Make notifications in a direct and compassionate manner, communicating as many facts of the incident as possible, including the current location of the member. Information that is not verified should not be provided until an investigation has been completed. (b) Determine the method of notifying surviving children by consulting with other survivors and taking into account factors such as the child's age, maturity and current location (e.g., small children at home, children in school). (c) Plan for concerns such as known health concerns of survivors or language barriers. (d) Offer to transport survivors to the hospital, if appropriate. Survivors should be transported in department vehicles. Notifying members shall inform the Hospital Liaison over a secure network that the survivors are on their way to the hospital and should remain at the hospital while the survivors are present. (e) When survivors are not at their residences or known places of employment, actively seek information and follow leads from neighbors, other law enforcement, postal authorities and other sources of information in order to accomplish notification in as timely a fashion as possible. Notifying members shall not disclose the reason for their contact other than a family emergency. (f) If making notification at a survivor's workplace, ask a workplace supervisor for the use of a quiet, private room to meet with the survivor. Members shall not inform the workplace supervisor of the purpose of their visit other than to indicate that it is a family emergency. (g) Offer to call other survivors, friends or clergy to support the survivors and to avoid leaving survivors alone after notification. (h) Assist the survivors with meeting childcare or other immediate needs. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 503 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths (i) Provide other assistance to survivors and take reasonable measures to accommodate their needs, wishes and desires. Care should be taken not to make promises or commitments to survivors that cannot be met. (j) Inform the survivors of the name and phone number of the Survivor Support Liaison (see the Survivor Support Liaison section of this policy), if known, and the Department Liaison. (k) Provide their contact information to the survivors before departing. (1) Document the survivor's names and contact information, as well as the time and location of notification. This information should be forwarded to the Department Liaison. (m) Inform the Chief of Police or the authorized designee once survivor notifications have been made so that other Tukwila Police Department members may be apprised that survivor notifications are complete. 1027.4.1 OUT -OF -AREA NOTIFICATIONS The Department Liaison should request assistance from law enforcement agencies in appropriate jurisdictions for in -person notification to survivors who are out of the area. (a) The Department Liaison should contact the appropriate jurisdiction using a secure network and provide the assisting agency with the name and telephone number of the department member that the survivors can call for more information following the notification by the assisting agency. (b) The Department Liaison may assist in making transportation arrangements for the member's survivors, but will not obligate the Department to pay travel expenses without the authorization of the Chief of Police. 1027.5 NOTIFYING DEPARTMENT MEMBERS Supervisors or members designated by the Chief of Police are responsible for notifying department members of the line -of -duty death as soon as possible after the survivor notification is made. Notifications and related information should be communicated in person or using secure networks and should not be transmitted over the radio. Notifications should be made in person and as promptly as possible to all members on -duty at the time of the incident. Members reporting for subsequent shifts within a short amount of time should be notified in person at the beginning of their shift. Members reporting for duty from their residence should be instructed to contact their supervisor as soon as practicable. Those members who are working later shifts or are on days off should be notified by phone as soon as practicable. Members having a close bond with the deceased member should be notified of the incident in person. Supervisors should consider assistance (e.g., peer support group, modifying work schedules, approving sick leave) for members who are especially affected by the incident. Supervisors should direct members not to disclose any information outside the Department regarding the deceased member or the incident. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 504 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths 1027.6 LIAISONS AND COORDINATORS The Chief of Police or the authorized designee should select members to serve as liaisons and coordinators to handle responsibilities related to a line -of -duty death, including, but not limited to: (a) Department Liaison. (b) Hospital Liaison. (c) Survivor Support Liaison. (d) Critical Incident Stress Management (CISM) coordinator. (e) Funeral Liaison. (f) Mutual aid coordinator. (g) Benefits Liaison. (h) Finance coordinator. Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient duty time to complete their assignments. Members may be assigned responsibilities of more than one liaison or coordinator position depending on available department resources. The Department Liaison may assign separate liaisons and coordinators to accommodate multiple family units, if needed. 1027.6.1 DEPARTMENT LIAISON The Department Liaison should be a Division Commander or of sufficient rank to effectively coordinate department resources, and should serve as a facilitator between the deceased member's survivors and the Department. The Department Liaison reports directly to the Chief of Police. The Department Liaison's responsibilities include, but are not limited to: (a) Directing the other liaisons and coordinators in fulfilling survivors' needs and requests. (b) Establishing contact with survivors within 24 hours of the incident and providing them contact information. (c) Advising survivors of the other liaison and coordinator positions and their roles and responsibilities. (d) Identifying locations that will accommodate a law enforcement funeral and presenting the options to the appropriate survivors. (e) Coordinating all official law enforcement notifications and arrangements. (f) Making necessary contacts for authorization to display flags at half-mast. (g) Ensuring that department members are reminded of appropriate information —sharing restrictions regarding the release of information that could undermine future legal proceedings. (h) Coordinating security checks of the member's residence as necessary and reasonable. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 505 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths (i) Serving as a liaison with visiting law enforcement agencies during memorial and funeral services. 1027.6.2 HOSPITAL LIAISON The Hospital Liaison should work with hospital personnel to: (a) Arrange for appropriate and separate waiting areas for: 1. The survivors and others whose presence is requested by the survivors. 2. Department members and friends of the deceased member. 3. Media personnel. (b) Ensure, as much as practicable, that any suspects who are in the hospital and their families or friends are not in close proximity to the member's survivors or Tukwila Police Department members (except for members who may be guarding the suspect). (c) Ensure that survivors receive timely updates regarding the member before information is released to others. (d) Arrange for survivors to have private time with the member, if requested. 1. The Hospital Liaison or hospital personnel may need to explain the condition of the member to the survivors to prepare them accordingly. 2. The Hospital Liaison should accompany the survivors into the room, if requested. (e) Stay with survivors and ensure that they are provided with other assistance as needed at the hospital. (f) If applicable, explain to the survivors why an autopsy may be needed. (g) Ensure hospital bills are directed to the Department, that the survivors are not asked to sign as guarantor of payment for any hospital treatment and that the member's residence address, insurance information and next of kin are not included on hospital paperwork. Other responsibilities of the Hospital Liaison include, but are not limited to: • Arranging transportation for the survivors back to their residence. • Working with investigators to gather and preserve the deceased member's equipment and other items that may be of evidentiary value. • Documenting his/her actions at the conclusion of his/her duties. 1027.6.3 SURVIVOR SUPPORT LIAISON The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate needs and requests of the survivors of any member who has died in the line of duty, and serve as the long-term department contact for survivors. The following should be considered when selecting the Survivor Support Liaison: • The liaison should be an individual the survivors know and with whom they are comfortable working. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 506 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths • If the survivors have no preference, the selection may be made from names recommended by the deceased member's supervisor and/or coworkers. The deceased member's partner or close friends may not be the best selections for this assignment because the emotional connection to the member or survivors may impair their ability to conduct adequate liaison duties. • The liaison must be willing to assume the assignment with an understanding of the emotional and time demands involved. The responsibilities of the Survivor Support Liaison include, but are not limited to: (a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes and other locations, as appropriate. (b) Communicating with the Department Liaison regarding appropriate security measures for the family residence, as needed. (c) If requested by the survivors, providing assistance with instituting methods of screening telephone calls made to their residence after the incident. (d) Providing assistance with travel and lodging arrangements for out-of-town survivors. (e) Returning the deceased member's personal effects from the Department and the hospital to the survivors. The following should be considered when returning the personal effects: 1. Items should not be delivered to the survivors until they are ready to receive the items. 2. Items not retained as evidence should be delivered in a clean, unmarked box. 3. All clothing not retained as evidence should be cleaned and made presentable (e.g., items should be free of blood or other signs of the incident). 4. The return of some personal effects may be delayed due to ongoing investigations. (f) Assisting with the return of department -issued equipment that may be at the deceased member's residence. 1. Unless there are safety concerns, the return of the equipment should take place after the funeral at a time and in a manner considerate of the survivors' wishes. (g) Working with the CISM coordinator to ensure that survivors have access to available counseling services. (h) Coordinating with the department's Public Information Officer (PIO) to brief the survivors on pending press releases related to the incident and to assist the survivors with media relations in accordance with their wishes (see the Public Information Officer section of this policy). (i) Briefing survivors on investigative processes related to the line -of -duty death, such as criminal, internal and administrative investigations. Q) Informing survivors of any related criminal proceedings and accompanying them to such proceedings. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 507 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths (k) Introducing survivors to prosecutors, victim's assistance personnel and other involved personnel as appropriate. (1) Maintaining long-term contact with survivors and taking measures to sustain a supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions, special support during holidays). (m) Inviting survivors to department activities, memorial services or other functions as appropriate. Survivor Support Liaisons providing services after an incident resulting in multiple members being killed should coordinate with and support each other through conference calls or meetings as necessary. The Department recognizes that the duties of a Survivor Support Liaison will often affect regular assignments over many years, and is committed to supporting members in the assignment. 1027.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR The CISM coordinator should work with the Chief of Police or the authorized designee, liaisons, coordinators and other resources to make CISM and counseling services available to members and survivors who are impacted by a line -of -duty death. The responsibilities of the CISM coordinator include, but are not limited to: (a) Identifying members who are likely to be significantly affected by the incident and may have an increased need for CISM and counseling services, including: 1. Members involved in the incident. 2. Members who witnessed the incident. 3. Members who worked closely with the deceased member but were not involved in the incident. (b) Ensuring that members who were involved in or witnessed the incident are relieved of department responsibilities until they can receive CISM support as appropriate and possible. (c) Ensuring that CISM and counseling resources (e.g., peer support, debriefing, grief counselors) are available to members as soon as reasonably practicable following the line -of -duty death. (d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of available CISM and counseling services and assisting with arrangements as needed. (e) Following up with members and the Survivor Support Liaison in the months following the incident to determine if additional CISM or counseling services are needed. 1027.6.5 FUNERAL LIAISON The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison and survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral Liaison's responsibilities include, but are not limited to: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 508 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths (a) Assisting survivors in working with the funeral director regarding funeral arrangements and briefing them on law enforcement funeral procedures. (b) Completing funeral notification to other law enforcement agencies. (c) Coordinating the funeral activities of the Department, including, but not limited to the following: 1. Honor Guard (a) Casket watch (b) Color guard (c) Pallbearers (d) Bell/rifle salute 2. Bagpipers/bugler 3. Uniform for burial 4. Flag presentation 5. Last radio call (d) Briefing the Chief of Police and command staff concerning funeral arrangements. (e) Assigning an officer to remain at the family home during the viewing and funeral. (f) Arranging for transportation of the survivors to and from the funeral home and interment site using department vehicles and drivers. 1027.6.6 MUTUAL AID COORDINATOR The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to request and coordinate any assistance from outside law enforcement agencies needed for, but not limited to: (a) Traffic control during the deceased member's funeral. (b) Area coverage so that as many Tukwila Police Department members can attend funeral services as possible. The mutual aid coordinator should perform his/her duties in accordance with the Outside Agency Assistance Policy. 1027.6.7 BENEFITS LIAISON The Benefits Liaison should provide survivors with information concerning available benefits and assist them in applying for benefits. Responsibilities of the Benefits Liaison include, but are not limited to: (a) Confirming the filing of workers' compensation claims and related paperwork (see the Occupational Disease and Work -Related Injury Reporting Policy). (b) Researching and assisting survivors with application for federal government survivor benefits, such as those offered through the: Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 509 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths 1. Public Safety Officers' Benefits (PSOB) Programs. 2. Public Safety Officers' Educational Assistance (PSOEA) Program. 3. Social Security Administration. 4. Department of Veterans Affairs. (c) Researching and assisting survivors with application for state and local government survivor benefits. 1. Death benefit (RCW 41.26.510) 2. Education benefit (RCW 28B.10.567; RCW 28B.15.380; RCW 28B.15.520) 3. Retirement benefits (RCW 41.04.393) (d) Researching and assisting survivors with application for other survivor benefits such as: 1. Private foundation survivor benefits programs. 2. Survivor scholarship programs. (e) Researching and informing survivors of support programs sponsored by police associations and other organizations. (f) Documenting and informing survivors of inquiries and interest regarding public donations to the survivors. 1. If requested, working with the finance coordinator to assist survivors with establishing a process for the receipt of public donations. (g) Providing survivors with a summary of the nature and amount of benefits applied for, including the name of a contact person at each benefit office. Printed copies of the summary and benefit application documentation should be provided to affected survivors. (h) Maintaining contact with the survivors and assisting with subsequent benefit questions and processes as needed. 1027.6.8 FINANCE COORDINATOR The finance coordinator should work with the Chief of Police and the Department Liaison to manage financial matters related to the line -of -duty death. The finance coordinator's responsibilities include, but are not limited to: (a) Establishing methods for purchasing and monitoring costs related to the incident. (b) Providing information on finance -related issues, such as: 1. Paying survivors' travel costs if authorized. 2. Transportation costs for the deceased. 3. Funeral and memorial costs. 4. Related funding or accounting questions and issues. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 510 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths (c) Working with the Benefits Liaison to establish a process for the receipt of public donations to the deceased member's survivors. (d) Providing accounting and cost information as needed. 1027.7 PUBLIC INFORMATION OFFICER In the event of a line -of -duty death, the department's PIO should be the department's contact point for the media. As such, the PIO should coordinate with the Department Liaison to: (a) Collect and maintain the most current incident information and determine what information should be released. (b) Ensure that department members are instructed to direct any media inquiries to the PIO. (c) Prepare necessary press releases. 1. Ensure coordination with other entities having media roles (e.g., outside agencies involved in the investigation or incident). 2. Ensure that important public information is disseminated, such as information on how the public can show support for the Department and deceased member's survivors. (d) Arrange for community and media briefings by the Chief of Police or the authorized designee as appropriate. (e) Respond, or coordinate the response, to media inquiries. (f) If requested, assist the member's survivors with media inquiries. 1. Brief the survivors on handling sensitive issues such as the types of questions that reasonably could jeopardize future legal proceedings. (g) Release information regarding memorial services and funeral arrangements to department members, other agencies and the media as appropriate. (h) If desired by the survivors, arrange for the recording of memorial and funeral services via photos and/or video. The identity of deceased members should be withheld until the member's survivors have been notified. If the media has obtained identifying information for the deceased member prior to survivor notification, the PIO should request that the media withhold the information from release until proper notification can be made to survivors. The PIO should ensure that media are notified when survivor notifications have been made. 1027.8 DEPARTMENT CHAPLAIN The Department chaplain may serve a significant role in line -of -duty deaths. His/her duties may include, but are not limited to: • Assisting with survivor notifications and assisting the survivors with counseling, emotional support or other matters, as appropriate. • Assisting liaisons and coordinators with their assignments, as appropriate. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 511 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Line -of -Duty Deaths • Assisting department members with counseling or emotional support, as requested and appropriate. Further information on the potential roles and responsibilities of the chaplain is in the Chaplains Policy. 1027.9 INVESTIGATION OF THE INCIDENT The Chief of Police shall ensure that line -of -duty deaths are investigated thoroughly and may choose to use the investigation process outlined in the Officer -Involved Shootings and Deaths Policy. Investigators from other agencies may be assigned to work on any criminal investigation related to line -of -duty deaths. Partners, close friends or personnel who worked closely with the deceased member should not have any investigative responsibilities because such relationships may impair the objectivity required for an impartial investigation of the incident. Involved department members should be kept informed of the progress of the investigations and provide investigators with any information that may be pertinent to the investigations. 1027.10 LINE -OF -DUTY DEATH OF A LAW ENFORCEMENT ANIMAL The Chief of Police may authorize appropriate memorial and funeral services for law enforcement animals killed in the line of duty. 1027.11 NON -LINE -OF -DUTY DEATH The Chief of Police may authorize certain support services for the death of a member not occurring in the line of duty. Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Line -of -Duty Deaths - 512 Published with permission by Tukwila Police Department Tukwila PD Policy Manual Tukwila PD Policy Manual Attachments Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Attachments - 513 Published with permission by Tukwila Police Department Tukwila PD Policy Manual Tukwila PD Policy Manual 7.1.4 Currency Packaging.pdf Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. 7.1 .4 Currency Packaging.pdf - 514 Published with permission by Tukwila Police Department Tukwila PD Policy Manual Tukwila PD Policy Manual 2.2.2 External Armor Carriers .pdf Copyright Lexipol, LLc 2020/05/28, All Rights Reserved. 2.2.2 External Armor Carriers .pdf - 515 Published with permission by Tukwila Police Department Task Outline 2.2.2 External Body Armor Carriers Date: February 22, 2016 Written By: Rossi Approved By: Linton 1. Purpose The external body armor carrier is an added option for Officers to utilize in donning their ballistic armor and department issued gear. 2. Policy This policy outlines the expectations, specifications, and restrictions associated with the wear and use of the external body armor carrier. The External Body Armor Carrier and pouches are an optional wear item and are not Quartermaster issued items. 3. Definitions External Body Armor Carrier: An external vest that internally holds the soft ballistic armor issued to all Officers. The vest's platform is meant to allow for the carry of gear/pouches that are needed for an Officer's everyday duties. PALS: Pouch Attachment Ladder System is a grid of webbing material that is stitched into the face of an external body armor carrier. MOLLE pouches are attached to the PALS. MOLLE: Modular Lightweight Load -carrying Equipment refers to the straps on the back of the pouches and gear holsters that attach to PALS. The combined used of PALS/MOLLE is often referred to as MOLLE. 4. External Body Armor Carrier A. The wear of an External Body Armor Carrier allows an officer to wear a ballistic protective vest outside of their patrol uniform. The ballistic panels are removable and interchangeable between concealed and external carriers. Officers who choose to wear an external carrier are required to move their ballistic panels from their issued protective vest into the external armor carrier. When an officer wears a uniform without the external carrier, they must move their ballistic panels back into their concealment carrier. The department will not provide additional ballistic panels for external armor carriers. B. Approved Brand/Model: Currently the only approved carrier is the Safariland Oregon City Armor Carrier (black). There will be no PALS on the back of the external carrier. External carriers will be designed to properly fit the officer and his/her issued ballistic panels. Task Outline Armor Carriers Date: October 18, 2017 Written By: Sgt. Murphy Approved By: Dep. Chief Mitchell C. Minimum insignia: The metal badge will be worn above the upper left pocket, a cloth name tape (white lettering) will be worn above the right upper pocket, a cloth US flag (I V4 X V2 inch) will be worn centered, 1 V2 inch above the name tape. D. Optional insignia: Approved special duty assignments (K9, or Traffic), "POLICE" printed in 3" lettering may be attached to the back of the carrier near the top. E. All external carrier equipment pouches will be made of black nylon, black Kydex or similar material and use the MOLLE attachment system. Other than the primary duty handgun, all other items commonly worn on the duty belt may be worn on the external carrier provided no more than eight pouches or attachments are worn on the carrier. Exceptions may be made for officers in specialty assignments that require additional specific equipment (i.e. K9 door poppers, E-collar transmitters). The primary duty handgun and holster must remain attached to the duty belt, and no firearm or fixed blade knife will be worn or attached to the exterior of the carrier. If a fixed blade knife is worn or affixed to the interior of the carrier it will be fully concealed. Duty gear that will not fit on the external carrier will be worn on the duty belt. Equipment pouches will not be stacked two deep and no pouch will be attached to the external carrier in a manner that obstructs access life -safety equipment (i.e. handcuffs, duty weapon, O.C., Taser). G. External Armor Carrier are not to be worn during the following occasions/or assignments: (a) Any event that requires Class A uniform wear (i.e. Superior Court, funerals, formal gatherings) (b) Other events or operations where supervisors deem them unfit for the venue H. External Armor Carriers and equipment pouches are individual purchase items. The department will not purchase external carriers or equipment pouches as a result of: (a) Subsequent changes to department issued body armor, the model, type, or ballistic protection level (b) An officer's weight gain or loss (c) Normal wear and tear Tukwila PD Policy Manual Tukwila PD Policy Manual INDEX / TOPICS 0 ACCIDENT, ILLNESS AND INJURY PREVENTION . . . . . . . . . . . . 495 ADMINISTRATIVE INVESTIGATION . . . 65 ADMINISTRATIVE LEAVE . . . . . . . 434 ADMINISTRATIVE SEARCHES . . . . . 435 ADULT ABUSE . . . . . . . . . . . . 115 AIRCRAFT Ambulance . . . . . . . . . . . . . 284 Flying while armed. . . . . . . . . . 75 Temporary flight restrictions. . . . . . 159 ALCOHOL Vehicle use . . . . . . . . . . . . . 357 AMMUNITION . . . . . . . . . . . . 71 ANIMALS Dangerous . . . . . . . . . . . . . . 74 Euthanize. . . . . . . . . . . . . . 75 Injured . . . . . . . . . . . . . . . 75 Line -of -duty deaths. . . . . . . . . 512 ANTI -RETALIATION . . . . . . . . . 416 APPOINTMENTS Exposure Control Officer. . . . . . . 425 Line -of -duty death liaisons and coordinators 505 Operations director . . . . . . . 338, 343 Petty cash fund manager. . . . . 362 Press information officer (PIO). . . . . 159 ARRESTS First amendment assemblies. . . . . . 275 Log. . . . . . . . . . . . . . . . 160 Seat belts . . . . . . . . . . . . . 440 Use of force . . . . . . . . . . . . . 37 AUDITS Petty cash . . . . . . . . . . . . . 362 AUTHORITY Canine handler. . . . . . . . . . . . 94 Law enforcement. . . . . . . . . . . 9 AUTOMATED EXTERNAL DEFIBRILLATORS (AED) . . . . . . . . . . . . . . . . 285 AUXILIARY RESTRAINTS . . . . . . . 47 BACKGROUNDS . . . . . . . . . . . 410 BARRICADED SUSPECTS . . . . . . . 218 BATON . . . . . . . . . . . . . . . . 51 BETTING . . . . . . . . . . . . . . 151 BICYCLE PATROL . . . . . . . . . . 256 BIOLOGICAL SAMPLES Hazards . . . . . . . . . . . . . . 499 BODY ARMOR Suspects . . . . . . . . . . . . . . 69 BODY ARMOR . . . . . . . . . . . . 441 BODY CAVITY SEARCH . . . . . . . . 400 BOMB CALLS . . . . . . . . . . . . 215 BOMB THREATS . . . . . . . . . . . 216 BOMBS MDT/MDC. . . . . . . . . . . . . 255 BOOKING SEARCH . . . . . . . . . . 400 BREATH TESTS . . . . . . . . . . . 303 BRIBE . . . . . . . . . . . . . . . . 151 C CANINE Assignments . . . . . . . . . . . . . 93 CANINES Pursuits . . . . . . . . . . . . 83, 258 CASH . . . . . . . . . . . . . . . . 362 CHAPLAINS . . . . . . . . . . . . . 184 Line -of -duty deaths. . . . . . . . . 511 CHILD ABUSE . . . . . . . . . . . . 126 CHILD ABUSE Definitions . . . . . . . . . . . . . 126 CITATIONS . . . . . . . . . . . . . 296 CITIZEN COMPLAINTS . . . . . . . . 431 CIVIL DISPUTES . . . . . . . . . . . 290 CIVIL RESPONSE TEAM . . . . . . . . 66 CIVILIAN/NON-SWORN Crisis intervention incidents. . . . . . 281 COMMAND STAFF Line -of -duty deaths. . . . . . . . . 502 COMMENDATIONS AND AWARDS . . . 447 COMMUNICABLE DISEASE Health orders. . . . . . . . . . . . 208 COMMUNICABLE DISEASES Accident, Illness and Injury Prevention. 495 First responders. . . . . . . . . . . 282 COMMUNICATIONS CENTER Foot pursuits. . . . . . . . . . . . 261 Vehicle pursuits. . . . . . . . . . . 84 CONCEALED PISTOL LICENSE . . . . . 29 CONCEALED WEAPONS PERMITS Out of State . . . . . . . . . . . . . 77 CONDUCT UNBECOMING . . . . . . . 151 CONFIDENTIAL INFORMANTS . . . . . 321 Payment Procedure. . . . . . . . . . 323 CONFIDENTIAL INFORMATION . . . . 154 CONFIDENTIALITY Communicable disease information. . . 429 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Published with permission by Tukwila Police Department Index - 516 Tukwila Police Department Tukwila PD Policy Manual Radio broadcasts. . . . . . . . . . 255 CONSULAR OFFICERS . . . . . . . . 227 CONTACTS AND TEMPORARY DETENTIONS Bias -based policing. . . . . . . . . 205 Warrant service. . . . . . . . . . . 345 CONTROL DEVICES Decontamination. . . . . . . . . . . 426 First amendment assemblies. . . . . . 275 Pain compliance. . . . . . . . . . . 38 CONTROL DEVICES . . . . . . . . . . 50 COURT ORDERS Adult abuse . . . . . . . . . . . . . 117 Civil disputes. . . . . . . . . . . . 291 Source testing. . . . . . . . . . . . 428 CRIME ANALYSIS . . . . . . . . . . 374 CRIME AND DISASTER SCENE INTEGRITY 207 CRIMINAL ACTIVITIES . . . . . . . . 151 CRIMINAL ACTIVITY REPORTING . . . 155 CRIMINAL INTELLIGENCE . . . . . . 246 CRIMINAL ORGANIZATIONS . . . . . 246 CRIMINAL STREET GANGS . . . . . . 246 CRISIS INTERVENTION INCIDENTS. 277 CUNDUCTED ENERGY DEVICE . . . . . 55 IC DAMAGE BY CITY PERSONNEL . . . . 156 DEATH Native American Graves (NAGPRA). . . 196 DEATH INVESTIGATION . . . . . . . 174 DEATH NOTIFICATION . . . . . . . . 175 DEBRIEFING OIS. . . . . . . . . . . . . . . . 67 Warrant service. . . . . . . . . . . 345 DECONFLICTION . . . . . . . . . . . 340 DEFECTIVE VEHICLES . . . . . . . . 354 DEFINITIONS OF TERMS IN MANUAL. 13 DEPARTMENT OWNED PROPERTY . . . 348 DEPARTMENT PROPERTY Loss Or Damage. . . . . . . . . . . 349 DIPLOMATIC AGENTS . . . . . . . . 227 DIPLOMATIC IMMUNITY . . . . . . . 226 DISABLED Motorist . . . . . . . . . . . . . . 309 DISCLAIMER OF POLICIES . . . . . . . 13 DISCRIMINATION . . . . . . . . . . 150 DISCRIMINATORY HARASSMENT . . . 121 Complaints . . . . . . . . . . . . . 123 Definitions . . . . . . . . . . . . . 121 Supervisor's Role. . . . . . . . . . 123 DISGRACEFUL CONDUCT . . . . . . . 151 DISHONESTY . . . . . . . . . . . . 151 DISOBEDIENCE . . . . . . . . . . . 151 DISPARAGING REMARKS . . . . . . . 151 DIVISION . . . . . . . . . . . . . . . 17 DOG BITES . . . . . . . . . . . . . . 95 DOMESTIC VIOLENCE . . . . . . . . 102 DOMESTIC VIOLENCE BY LAW ENFORCEMENT EMPLOYEES . . . . . 473 DRIVING MDT/MDC. . . . . . . . . . . . . 254 Pursuit tactics. . . . . . . . . . . . 82 DRUG- AND ALCOHOL -FREE WORKPLACE . . . . . . . . . . . . . . . . . . . 420 E ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY DEVICE . . . . . . . . 55 ELECTRONIC CIGARETTES . . . . . . 430 ELECTRONIC MAIL . . . . . . . . . . 25 EMPLOYEE ASSISTANCE . . . . . . . 421 EMPLOYEE CONVICTIONS . . . . . . 419 ENFORCEMENT . . . . . . . . . . . 295 EVALUATION . . . . . . . . . . . . 413 EVIDENCE NAGPRA. . . . . . . . . . . . . 196 Seizing recordings. . . . . . . . . . 267 EXCESSIVE FORCE . . . . . . . . . . 151 EXPLOSIVES . . . . . . . . . . . . . 215 EXPOSURE CONTROL Officer . . . . . . . . . . . . . . 425 Reporting 14AZMAT exposure. . . . . 212 Reviews . . . . . . . . . . . . . . 495 EYEWITNESS IDENTIFICATION . . . . 325 F FAILURE TO TAKE ACTION . . . . . . 151 FALSE REPORT . . . . . . . . . . . 155 FALSE STATEMENTS . . . . . . . . . 151 FALSIFICATION OF RECORDS . . . . . 151 FIELD SOBRIETY TESTS . . . . . . . 303 FIELD TRAINING OFFICER . . . . . . 239 FIGHTING . . . . . . . . . . . . . . 150 FIREARMS . . . . . . . . . . . . . . 69 Destruction of animals. . . . . . . . 396 Pursuits . . . . . . . . . . . . . . . 85 Vehicle use . . . . . . . . . . . . . 357 FIREARMS Qualifications. . . . . . . . . . . . 73 FIRST AMENDMENT ASSEMBLIES . . . 272 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Published with permission by Tukwila Police Department - 517 Tukwila Police Department Tukwila PD Policy Manual FITNESS FOR DUTY . . . . . . . . . 449 FLYING WHILE ARMED . . . . . . . . 75 FOREIGN COURT ORDERS . . . . . . 105 FOREIGN NATIONALS . . . . . . . . 226 Arrest or Detention. . . . . . . . . . 226 Arrest Procedure. . . . . . . . . . . 232 In -Custody Arrests. . . . . . . . . . 229 Traffic Collisions. . . . . . . . . . 231 Vehicle Registration. . . . . . . . . 227 G GAMBLING . . . . . . . . . . . . . 151 GANGS . . . . . . . . . . . . . . . 246 GRATUITY . . . . . . . . . . . . . 151 GROOMING STANDARDS . . . . . . . 457 I HATE CRIMES . . . . . . . . . . . . 146 HAZARDOUS MATERIAL (HAZMAT) RESPONSE . . . . . . . . . . . . . . 212 Precautions . . . . . . . . . . . . . 426 HAZARDS . . . . . . . . . . . . . . 498 HELICOPTER ASSISTANCE . . . . . . 241 HONORARY CONSULS . . . . . . . . 227 HORSEPLAY . . . . . . . . . . . . . 150 HOSTAGE AND BARRICADE INCIDENTS Rapid response and deployment. . . . . 234 HOSTAGES . . . . . . . . . . . . . 218 IDENTITY THEFT . . . . . . . . . . . 176 IMMUNITY . . . . . . . . . . . . . 226 IMMUNIZATIONS . . . . . . . . . . 427 IMPAIRED DRIVING . . . . . . . . . 303 INSPECTIONS Accident, Illness and Injury Prevention 495, 499, 498 Accident, Illness and Injury Prevention . . . . . . . . . . . . . . . 499, 498 Exposure control. . . . . . . . . . 425 Firearms. . . . . . 69 Personal protective equipment. . . . . 499 INSUBORDINATION . . . . . . . . . 151 INTERNAL AFFAIRS Personnel records. . . . . . . . . . 444 INTOXICANTS . . . . . . . . . . . . 151 INVESTIGATION AND PROSECUTION. 313 J JURISDICTION Pursuits . . . . . . . . . . . . . . . 87 JUVENILE INFORMANTS . . . . . . . 322 JUVENILES Use as Informants. . . . . . . . . . 322 I:/ KINETIC PROJECTILES . . . . . . . . . 52 L LAW ENFORCEMENT AUTHORITY . . . . 9 LEG IRONS . . . . . . . . . . . . . . 47 LEG RESTRAINT . . . . . . . . . . . 45 LIMITED ENGLISH PROFICIENCY . . . 177 LINE -OF -DUTY DEATHS . . . . . . . 502 M MANUALS . . . . . . . . . . . . . . 20 MEDIA First amendment assemblies. . . . . . 275 Line -of -duty deaths. . . . . . . . . 511 OIS. . . . . . . . . . . . . . . . 68 Operations plans. . . . . . . . . . . 342 Warrant service. . . . . . . . . . . 346 MEDIA REQUEST . . . . . . . . . . . 159 MEDICAL Accident, Illness and Injury prevention. 495 Adult involuntary detention. . . . . . 119 Examinations - adult abuse . . . . 118, 119 Releases . . . . . . . . . . . . 40, 284 MISAPPROPRIATION OF PROPERTY. 151 MISUSE OF PUBLIC FUNDS . . . . . . 151 MOBILE AUDIO VIDEO . . . . . . . . 250 MOBILE DIGITAL TERMINAL USE . . . 254 MUTUAL AID . . . . . . . . . . . . 162 First amendment assemblies. . . . . . 275 N NATIVE AMERICAN GRAVES (NAGPRA) 196 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Published with permission by Tukwila Police Department - 518 Tukwila Police Department Tukwila PD Policy Manual NONSWORN Documentation. . . . . . . . . . . 432 Vehicles . . . . . . . . . . . . . . 357 PERSONNEL RECORDS . . . . . . . . 443 NOTIFICATIONS PHOTOGRAPHS Adult abuse . . . . . . . . . . . . . 115 First amendment assemblies. . . . . . 273 Cash . . . . . . . . . . . . . . . 363 Photo lineups. . . . . . . . . . . . 326 Exposure control. . . . . . . . . . 425 PHYSICAL AND MENTAL EXAMINATIONS Impaired driving. . . . . . . . . . . 304 . . . . . . . . . . . . . . . . . . . 450 Line -of -duty deaths. . . . . . . . . 503 PHYSICAL CONDITION . . . . . . . . 154 NAGPRA. . . . . . . . . . . . . 196 POLICE CADETS . . . . . . . . . . . 467 NOTIFICATIONS . . . . . . . . . . . 62 Program Advisors. . . . . . . . . . 468 POLICY MANUAL . . . . . . . . . . . 13 O POLITICAL ACTIVITIES . . . . . . . . 151 PRESS INFORMATION OFFICER (PIO) . 159 PROPERTY AND EVIDENCE . . . . . . 375 OATH . . . . . . . . . . . . . . . . 12 PROTECTED INFORMATION . . . . . . 390 OATH OF OFFICE . . . . . . . . . . . 12 PROTECTIVE CUSTODY OC SPRAY . . . . . . . . . . . . . . 51 Dependent adults. . . . . . . . . . 117 OFFICER RESPONSE TO CALLS . . . . . 90 PUBLIC RECORDING OF LAW ENFORCEMENT OFFICER SAFETY ACTIVITY . . . . . . . . . . . . . . 266 Crime and disaster scene integrity. . . . 207 PURSUITS Foot pursuits. . . . . . . . . . . . 258 Foot . . . . . . . . . . . . . . . . 258 Occupational hazards. . . . . . . . . 498 Vehicle . . . . . . . . . . . . . . . 78 Seat belts . . . . . . . . . . . . . 439 Vehicle pursuits. . . . . . . . . . . 78 Warrant service. . . . . . . . . . . 343 OFFICER -INVOLVED SHOOTINGS OIS. . . . . . . . . . . . . . . . 61 RANGEMASTER OPERATIONS PLANNING AND Firearms . . . . . . . . . . . . . . 69 DECONFLICTION . . . . . . . . . . . 338 Inspections . . . . . . . . . . . . . 69 ORDERS RAPID RESPONSE AND DEPLOYMENT. 233 Compliance with. . . . . . . . . . . 18 RECORDS RELEASE ORGANIZATIONAL STRUCTURE . . . . 17 Media . . . . . . . . . . . . . . . 160 OUTSIDE AGENCY ASSISTANCE . . . . 162 RECORDS RETENTION OUTSIDE EMPLOYMENT . . . . . . . 452 Accident, Illness and Injury Prevention. 500 Obtaining Approval. . . . . . . . . 452 Oath of office. . . . . . . . . . . . 12 Prohibited Outside Employment. . . . 453 Personal protective equipment. . . . . 367 Security Employment. . . . . . . . . 453 RECRUITMENT AND SELECTION . . . 407 RELIGION NAGPRA. . . . . . . . . . . . . 196 P REPORT CORRECTIONS . 157 REPORT PREPARATION . . . . . . . . 155 PARKING . . . . . . . . . . . . . . 357 REPORTING CONVICTIONS . . . . . . 419 PATROL FUNCTION . . . . . . . . . 203 Domestic Violence . . . . . . . 419, 419 PEPPER SPRAY . . . . . . . . . . . . 51 RETALIATION . . . . . . . . . . . . 122 PERSONAL APPEARANCE . . . . . . . 457 RETALIATION PROHIBITED . . . . . . 416 PERSONAL PROPERTY . . . . . . . . 348 RETIRED OFFICER CPL . . . . . . . . 27 Loss Or Damage. . . . . . . . . . . 349 REVIEW BOARD PERSONAL PROTECTIVE EQUIPMENT Force . . . . . . . . . . . . . . . . 43 Hazardous material response. . . . . . 212 REVIEWS PERSONNEL COMPLAINTS Accident, Illness and Injury Prevention. 495 Acceptance . . . . . . . . . . . . . 432 Crisis intervention incidents. . . . . . 281 Administrative Searches. . . . . . . . 435 Exposure control plan. . . . . . . . . 425 Disposition . . . . . . . . . . . . . 436 Exposures. . . . . . . . . . . . . 495 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. - 5 1 9 Published with permission by Tukwila Police Department Tukwila Police Department Tukwila PD Policy Manual Post pursuit . . . . . . . . . . . 84, 83 Pursuit policy. . . . . . . . . . . . 85 Vehicle pursuits - annual. . . . . . . . 88 RIDE -ALONG Eligibility . . . . . . . . . . . . . 209 RISK ASSESSMENT . . . . . . . . . . 338 S SAFETY First responder. . . . . . . . . . . 207 Inspections (occupational). . . . . . . 498 Media . . . . . . . . . . . . . . . 159 Occupational. . . . . . . . . . . . 495 Personal protective equipment. . . . . 364 Temporary flight restrictions. . . . . . 159 SAFETY EQUIPMENT Seat belts . . . . . . . . . . . . . 439 SEARCH & SEIZURE . . . . . . . . . 108 SEARCH WARRANTS . . . . . . . . . 343 SEARCHES Crime scene. . . . . . . . . . . . 208 SEAT BELTS . . . . . . . . . . . . . 439 SECURITY EMPLOYMENT . . . . . . . 453 SEXUAL HARASSMENT . . . . . . . . 121 SMOKING AND TOBACCO USE . . . . 430 SOCIAL MEDIA Backgrounds. . . . . . . . . . . . 410 SPECIAL ORDER . . . . . . . . . . . 19 STRIP SEARCH . . . . . . . . . . . . 400 SUCCESSION OF COMMAND . . . . . . 18 SWEEPS . . . . . . . . . . . . . . . 236 T TAKE HOME VEHICLES . . . . . . . . 358 TASER . . . . . . . . . . . . . . . . 55 TATTOOS . . . . . . . . . . . . . . 458 TEAR GAS . . . . . . . . . . . . . . 51 TEMPORARY CUSTODY Adults . . . . . . . . . . . . . . . 398 TERMINATE A PURSUIT . . . . . . . . 80 TRAFFIC FUNCTION AND RESPONSIBILITY . . . . . . . . . . . . . . . . . . . 295 TRAINING Adult abuse . . . . . . . . . . . . . 118 AED. . . . . . . . . . . . . . . 285 Communicable disease. . . . . . . . 429 Custody . . . . . . . . . . . . . . 399 First amendment assemblies. . . . . . 276 Hazardous materials. . . . . . . . . 499 Occupational safety. . . . . . . . . 499 Personal protective equipment. . . . . 368 Personnel records. . . . . . . . . . 444 Pursuits . . . . . . . . . . . . . . . 85 Rapid response and deployment. . . . . 235 Use of Force . . . . . . . . . . . . . 41 Warrant service. . . . . . . . . . . 346 TRAINING Anti -Retaliation. . . . . . . . . . . 418 TRAINING, CRIMINAL ORGANIZATIONS 249 TRAINING, PROTECTED INFORMATION 393 TRANSPORT BELTS . . . . . . . . . . 47 U UNIFORM REGULATIONS . . . . . . . 459 UNITY OF COMMAND . . . . . . . . . 18 UNLAWFUL ASSEMBLY . . . . . . . 275 USE OF FORCE . . . . . . . . . . . . 36 First amendment assemblies. . . . . . 275 V VEHICLE MAINTENANCE . . . . . . . 354 VEHICLES Pursuits . . . . . . . . . . . . . . . 78 VIDEO RECORDINGS First amendment assemblies. . . . . . 273 W WARRANT SERVICE . . . . . . . . . 343 WASHING OF VEHICLES . . . . . . . 354 WATCH COMMANDERS . . . . . . . . 293 Copyright Lexipol, LLC 2020/05/28, All Rights Reserved. Published with permission by Tukwila Police Department - 520