Seattle Police Department Manual

General Policy Information

Preface

This Manual sets forth the standards, values, and expectations of the Seattle Police Department.  Its policies, procedures, core values, and mission and priority statements exist to maintain high levels of professional conduct and are the embodiment of the Department’s concerns for ensuring effective, safe, and constitutional law enforcement.

The Manual is intended to provide specific guidance and to serve as a reference to employees of the Seattle Police Department.

It is the responsibility of each member of the Department to comply with the Manual’s rules and provisions.

To the extent that Department policy may contain provisions more restrictive than state or federal law, such provisions are not intended, nor may they be construed or applied, to create a basis for liability against the City or any of its employees.

Finally, the written publications of the Department are only a part of the direction provided to employees. Communication that is directive in nature from supervisory or management personnel has the same authority as any written policy.

The Seattle Police Department Manual is maintained by the Bureau of Compliance & Professional Standards.

Mailing Address:

Seattle Police Department
Compliance Section
610-5th Ave
P.O. Box 34986
Seattle WA 98124-4986

9/1/15

About and Contact

Policy Research, Development and Review

The Seattle Police Department's Compliance Section maintains the Seattle Police Manual.

The Compliance Section Policy & Procedure Unit coordinates the research, development and review of the policy sections published in this manual.

Policy is researched and developed based on legal and Constitutional standards, best practices of the police profession, Department and Community values, best evidence/best science and collaboration with subject matter experts.

A detective is assigned to lead a policy project. The detective will assemble a work group of subject matter experts. The work group will review policy development through web-based shared review. An internal peer review within the APR Section is completed before a Department-wide review.

Once the review process is complete, the policy is presented to Department command staff where final policy decisions are made. The approved policy is then published on the third Wednesday of every month.

Manual Structure

Manual sections generally include policy, procedural steps and individual tasks.

  • Policy (POL): Describes a management decision or rules which employees must follow.
  • Procedures (PRO): Are a list of ordered steps that several individuals must complete to achieve the Department's desired goal.
  • Tasks (TSK): Are a list of ordered steps that instructs one person what they must do within the procedural steps to achieve the Department's goal.

Contact

Mailing Address:

Seattle Police Department

610-5th Ave

P.O.Box 34986

Seattle, WA 98124-4986

Click here for Seattle Police Department contact information.

Code of Ethics

As an employee of the Seattle Police Department, my actions will be guided by the following principles: Justice, Excellence, Humility and Harm Reduction. Our department goals focus on preventing and fighting crime, community policing, and harm reduction. We pursue these goals via time tested tactics, available research, innovation, training and partnering with the community.

As a police employee entrusted by my community to protect all of our community (police department employees and community members alike), I will strive to display the values of:

Justice - I will treat people fairly and act in good faith. I will work toward racial and social justice for all.

Excellence - I will not be satisfied with the status quo. I will review all systems and processes with an eye towards improvement, efficiency, and professionalism. When I attend training or review new policies I will strive to master the material because I recognize that training leads to competency.

Humility - I will learn from both positive and negative experiences and share what I learn with others. I will listen to what other people are saying, ask questions and consider their concerns.

Harm Reduction - I will commit to exploring new ways to improve public safety while reducing harm to communities and individuals. I will think outside the box and look for long-term and sustainable solutions while partnering with others.

Service - The common thread tying these four principles together is service. Service is the first word on my shoulder patch and I will keep service to our community as my first priority. I will provide that service with pride and dedication.

Crime prevention and crime fighting are integral parts of our mission. Effective crime fighting requires community policing. Community policing requires both the police department and community members to take responsibility for involving each other in our efforts. Community trust is built one transaction at a time. Police employees and community members who work together strengthen that bond and can build safer, stronger, and more compassionate communities. Harm reduction represents an acknowledgement that there are competing interests, demands, and strains on our social structures that create particularly challenging opportunities for law enforcement. These opportunities include finding long-term sustainable ways to reduce the harm caused by various challenges within our community. Making the most of these opportunities takes strong bonds of trust between police and the communities we serve.

As a Seattle Police employee I am responsible for supporting the mission and principles of the Seattle Police Department.

Mission Statement and Priorities

Mission Statement

The mission of the Seattle Police Department is to prevent crime, enforce the law, and support quality public safety by delivering respectful, professional and dependable police services.

  • Preventing crime includes everything from strengthening neighborhoods and families to using crime data to identify patterns and suspects.
  • Enforcing the law includes not just the measures of arrest and warnings but also educating the public about their responsibilities.
  • Supporting quality public safety means being a full partner with other parts of the criminal justice system and assisting witnesses and crime victims throughout the process.
  • Delivering respectful police services means treating people the way you want to be treated.
  • Professionalism is our hallmark and it means knowledgeable, competent, and ethical policing.
  • Dependable means that we keep our promises and serve with courage and dedication.

Department Priorities

Best Practices in Policing – Use best practices that include officer safety guidelines and performance-based accountability to provide progressive and responsive police services to crime victims, witnesses and all members of the community.

Ethics and Integrity – Foster an organizational culture where fundamental values are integrity, accountability, ethical decision-making, and respect for civil and constitutional rights.

Community Partnership – Strengthen links with all community members and associations through open communications, mutual responsibility, and a commitment to service.
Identify, Prioritize & Solve Problems – Identify and prioritize crime prevention and law enforcement challenges using a flexible problem-solving approach that achieves results.

Management & Organizational Efficiency & Effectiveness – Structure the organization to support the SPD mission and field a well-trained sworn and non-sworn workforce that uses technology, training, equipment, and research strategically and effectively.

Interim Policies


This page hosts PDFs of directives that contain interim policies that are still in effect. As interim policies are rescinded and/or incorporated into manual sections, they will be removed from this page.

Directive # 13-00051: Records Retention

Directive # 15-00003: Performance Evaluation (PAS)

Directive # 15-00012: Case Number Naming Convention

Directive # 19-00041: Juvenile Contact Card

Directive # 21-00023: Military Equipment and Use of Force per House Bills 1054 and 1310

Title 1 - Department Administration

1.010 - Authority and Jurisdiction

Effective Date: 2/19/2014

1.010-POL

This policy applies to all employees.

1. The Department is Governed by Law

The City of Seattle is a first class city as described in RCW 35.22.010 and is governed and organized in accordance with the Washington State Constitution Article 11, Section 10, Amendment 40.

2. The Mayor’s Powers and Duties are Listed in City Charter, Article V, Section 2

3. The Police Chief’s Powers, Duties and Responsibilities are Listed in City Charter, Article VI

The Chief of Police manages the Department and will prescribe rules and regulations consistent with the law.

4. The Chief of Police is Appointed by the Mayor, Subject to Confirmation of all Members of the City Council - City Charter, Article VI, Section 2

5. All Subordinate Police Officers are Appointed by the Chief of Police under Civil Service Rules and Regulations City Charter, Article VI, Section 2

1.020 - Chain of Command

Effective Date: 7/1/2016

1.020-POL

This policy applies to all employees.

1. Department Employees Follow a Structured Chain of Command

All Department employees are subordinate to the Chief of Police.  Employees are subordinate to all ranks above their position.

The Department chain of command applies while on duty or during secondary employment.

Sworn Employees are ranked:

- Chief of Police

- Deputy Chief

- Assistant Chief

- Captain

- Lieutenant

- Sergeant

- Officer/Detective

The Chief of Police is the overall commander of the Department.

Deputy and Assistant chiefs command bureaus.

- Deputy and Assistant chiefs are appointed by the Chief of Police.

- An assistant chief may also establish a task force. A task force responds to a specific law enforcement problem. The assistant chief will determine the command, duration, reporting requirements and scope of the task force.

Captains command sections and precincts.

- A section is a division of a bureau.

- A precinct is a geographical area of the city defined by boundaries.

- Precincts are geographically subdivided into sectors and beats.  Sectors are a division of a precinct and a beat is the division of a sector.

Lieutenants command units and watches.

- A unit is a division of a section.  Several units may exist in one section.

- A watch is a set time of day when assigned personnel are on duty.  A watch refers to a subcommand of a precinct.

Sergeants command squads and sectors.

- Squads are a division of a unit.  Sectors are a division of a precinct.  Several squads may exist in one unit.  Sergeants may also command a detail, which is a subdivision of a squad or sector assigned a specific task.

Detectives are assigned to a squad or unit.

Patrol officers are assigned to a beat or a post.

- A beat is a geographical area defined within a precinct.  A post is a fixed assignment within a precinct.

Non-sworn employees are ranked under their collective bargaining agreements.

2. The Department Follows a Succession of Command

If the Chief of Police is incapacitated, the Department command succession is:

- Deputy Chief

- Chief Operating Officer

- Patrol Operations Bureau Chief

- Special Operations Chief

- Professional Standards Bureau Chief

- Criminal Investigations Bureau Chief

3. Sworn Employees Take Command During Operational Situations

Sworn employees responding to an operational situation will follow the command of a higher ranking employee.

The physical presence of a higher ranking sworn employee at an operational scene indicates no immediate assumption of command and decision making responsibilities.

4. Employees May Delegate Duties to Their Subordinates

An employee may assign a subordinate employee the same authority and responsibility they possess to accomplish a specific task. The delegating employee remains responsible to complete the delegated task.

5. Employees Train Their Subordinates

Employees in a supervisory role will provide training for their subordinate employees.

Subordinate employees will report the need for training to their supervisors.

Employees in a supervisory role will train their subordinate employees in the duties of that role if the supervisor cannot perform their duties.

Also see: 1.075-Failure to Complete Required Training

6. Officers Assigned as Acting Sergeants Receive Training

Captains will send officers to Department sergeant training for acting sergeant assignments over 60 consecutive days.

Captains will send officers to Department sergeant training prior to, or within 90 days of the start of the acting sergeant assignment lasting over 60 days.

7. Command Employees Take Responsibility for Every Aspect of Their Command

Employees in a supervisory role will coordinate and direct subordinates and allocate resources to achieve the operations objective.

Employees in a supervisory role will perform the full range of administrative functions relying upon policy, direction, training, and personal initiative as a guide for themselves and their command in achieving the highest level of performance possible.

8. Employees Shall Communicate Through the Chain of Command

Exception: Where otherwise provided in this Manual, or where the information is sensitive and requires communication outside the chain of command, an employee may communicate directly with any higher-ranking employee.  The higher-ranking employee is then responsible for taking action where appropriate and passing along the information.

1.040 - Budget

Effective Date: 7/28/2017

1.040-POL

This policy applies to employees with budget-related responsibilities.

1. The Seattle City Council Approves the Department’s Yearly Budget

Captains and above, or their designees, will adhere to the approved budget. 

Captains and above, or their designees, may develop a new expenditure plan within available budgeted resources.  Any new plan is submitted to the Finance and Budget Policy Section who will coordinate with the Chief of Police, City Budget Office, and/or the City Council, for approval. 

2. The Chief of Police Determines the Organization of the Department

Only the Chief of Police has the authority to approve any organizational change that affects the structure of a bureau, section or unit.

Employees may submit a proposed change during the biennial or mid-biennial budget process for an organizational change through their chain of command to the Finance and Budget Policy Section.

Employees requesting an organizational change for the current year will complete a Request for Organizational Change (form 18.1) and submit it through their chain of command to the Deputy Chief of Operations, who will then forward it to the Finance and Budget Policy Section. Specific requirements for organizational changes at mid-year are outlined on the form.

3. Bureau Chiefs and Directors Distribute Budget and Expenditure Goals to Affected Personnel

4. Captains and Above Assess the Budgetary Needs of Their Command

5. Captains and Above Adhere to Their Command’s Budgetary Plan

The Finance and Budget Policy Section will coordinate the review and approval of requests for transfer of budget authority with the Fiscal, Property and Fleet Management Section, the Chief of Police/Chief Operating Officer, and the City Department of Finance.

Employees will comply with RCW 35.32.000 which prohibits the obligation of public funds by any personnel other than those authorized to disperse funds for the City.

6. The Department Complies With RCW Chapter 35.32A in Determining Budgetary Needs

7. The Human Resources Section Coordinates Money for Salaries and Personnel Benefits

Increases in personnel allocations, or creation of new positions is requested by section captains through their bureau chiefs or civilian equivalents and the Finance and Budget Policy Section.

The Chief of Police or the Chief Operating Officer is the final approving authority.

8. Captains Request Additional Personnel Positions From a Bureau Chief

Captains will request additional personnel positions or allocations through their bureau chief and the Finance, Strategic Policy and Planning Section.

The Chief of Police has final approval on budgetary decisions.

9. Employees Will Make Requests for Supplies, Equipment or Services Using the Purchase Order System

Employee requests through the Purchase Order (1.5E) system are sent for approval through their chain of command to the Chief Operating Officer.

Employees will not place an order with an outside vendor without prior approval of the chain of command through the Chief Operating Officer.

When approved, the Fiscal Unit will issue a Purchase Order Number to authorize the purchase.

The Information Technology Section Manager’s approval is required for purchases of technological equipment.

10. Employees Are Financially Responsible for Unauthorized Purchases Made on Behalf of the Department

11. An Expenditure Not Previously Authorized in the Budget Requires a Budget Addendum

See 1.040-PRO-1 Requesting a Budget Addendum for an Expenditure not Previously Authorized in the Budget

1.040-PRO-1 Requesting a Budget Addendum for an Expenditure not Previously Authorized in the Budget

Requestor

1. Completes a written addendum to the budget listing:

  • The new object of expenditure
  • What authorized spending is abandoned
  • The justification for the change
  • The impact on planned objectives and productivity
  • The level of effort to achieve the objective
  • The deferred costs or needs

2. Sends the written addendum through their chain of command to the Bureau Chief.

Bureau Chief

3. Approves or denies the addendum.

4. Notifies the requestor.

5. If approved, forwards the addendum to the Finance and Budget Policy Section.

Finance and Budget Policy Section

6. Coordinates review and approval with the Chief of Police, Chief Operating Officer and City Budget Office.

7. Notifies the requestor of the change in budget.

1.050 - Grants

Effective Date: 2/19/2014

1.050-POL

This policy applies to employees involved with the grant process.

1. The Grants & Contracts Unit (GCU) Assists the Department with the Application, Implementation and Management of Grants

Employees seeking a grant will read the Grant Management Manual and contact the Grants & Contracts Unit.

2. Employees Will Not Seek a Grant Without Contacting the Grants & Contract Unit

3. Employees May Notify the GCU of Grant Opportunities

Employees identifying a grant opportunity or source will contact the GCU Manager.

See 1.050-PRO-1 Grant Project Management

4. The GCU Manager Identifies Possible Grant Opportunities and Notifies the Chief of Police

The Chief of Police will determine if the grant is appropriate for the Department.

5. The GCU Manager Advises the Command Staff to Appoint a Subject Matter Expert (SME)

If a grant opportunity is approved for application, a qualified SME is identified by an appropriate member of the Command Staff.

The appointed SME will work with the GCU to develop:

  • Statement of the Problem
  • Scope of Work
  • Program Narrative
  • Project Timeline
  • Budget Detail & Narrative

The SME will refer to Grant Management Manual for definitions and direction to complete the required documents responsive to the grant solicitation.

6. The GCU Manager Advises the Command Staff to Appoint a Project Manager

If the grant funding is approved, then a Project Manager is appointed.  The appointed SME may also serve as the Project Manager.

7. The Project Manager Will Manage the Day-to-Day Work of the Approved Grant-Funded Project

8. The Fiscal Unit Will Assign a Project Number for Approved Grant Projects

The Project Manager will reference the assigned project number for all expenditures associated with the approved grant.

9. The Assigned GCU Staff Will Manage the Approved Grant and Oversee the Grant-Funded Project

1.050-PRO-1 Grant/Project Management

Subject Matter Expert

1. Completes the requirements in POL-5 following the directions in the Grant Owner’s Process Manual.

2. Maintains a project work file detailing the steps taken to complete the required documentation.

3. Submits the completed documentation to the GCU Manager.

GCU Manager

4. Reviews the submitted documentation.

5. Submits the complete grant applications package to the funding agency.

If the grant funding is awarded, then a Project Manager is assigned (see POL-7).

Project Manager

6. Maintains a project file referencing the assigned project number from Fiscal that contains:

  • The grant application material
  • Financial documents
  • Invoices
  • Other documentation of project work and progress

7. Completes required Purchase Orders.

8. Drafts reports on progress towards the stated goal of the grant.

9. Manages the day-to-day work activity of the project.

GCU Manager

10. Reviews the submitted draft progress reports.

11. Submits the finalized progress reports to the funding agency.

12. Manages the project funding source Grant to ensure all grant requirements are met.

1.060 - Management of Contracts

Effective Date: 06/01/16

1.060 – POL1 Signature Authority for Contracts and Memorandums of Understanding (MOUs)

This policy establishes who may sign and approve contracts, MOUs, Memorandums of Agreement (MOAs), or any other form of agreement that attempts to bind SPD resources or personnel. This policy will use the term contract to mean all such agreements.

A consultant contract is a nonrecurring, formal agreement with a person or firm for services associated with expertise, skills, and education not available within the Department’s workforce.

This policy does not apply to contracts executed by the Office of Professional Accountability.

1. A Captain or Civilian Equivalent Approves and Signs Non-Recurring Contracts of $9,999 or Less

Approval of a contact includes ensuring that the assignment of resources will be done in an equitable manner (e.g., work opportunities should be divided fairly among qualified staff).

After approval, the contract goes to the Fiscal Unit for recording and payment.

2. The Grants and Contracts Unit Processes Contracts of $10,000 or More, Recurring Contracts, and all Consultant Contracts

The Grants and Contracts Unit will assist in the development and route the documents to the Senior Police Counsel for review before submission to the Chief Operating Officer for final approval.

See also 1.060 – POL2 Consultant Contract Administration

3. The Chief Operating Officer Signs all Contracts of $10,000 or More and all Consultant Contracts


 

1.060 – POL2 Consultant Contract Administration

This policy applies to the Department’s execution of consultant contracts.

SMC 20.50 – Procurement of Consultant Services provides the guidelines for developing consultant contracts.

This policy does not apply to contracts executed by the Office of Professional Accountability.

1. The Grants and Contracts Unit Processes and Oversees the Execution of Consultant Contracts

Though the Grants and Contracts Unit processes the contracts, the Chief Operating Officer signs consultant contracts as stated in POL1.

2. The Contract Developer will Write and Manage the Contract to Completion

After identifying a need for a contract, a unit commander assigns an employee to serve in a lead role as the contract developer.

The contract developer must be familiar with the Department Contracting Manual and the contract templates. The contract developer may contact the Grants and Contracts Unit for these materials and assistance.

3. Budget Authorization for the Contract Must Exist

When the contract developer has enough information about the project, the developer may enter the request into the Department’s “1.5” System. This may occur at any point during TSK-1 below.

When the contract developer enters the proposed contract, the 1.5 number becomes the contract number.

The 1.5 submission will include:

- Source of funding, including:

- Paying ORG,

- Account number,

- Project number (if applicable)

- Activity number (if applicable)

- Funding amount

- State or federal grant award numbers, if applicable

- Grant names and project numbers, if applicable

The 1.5 approval signifies that the project has been approved from a budget stand point and is separate from the execution of the contract. The contract may still be under development while the 1.5 is being approved. However, the contract cannot be executed until the 1.5 is approved.

4. Contract Developers Must Follow a Vendor Selection Process

When selecting a vendor, the contract developer must follow the City’s contracting rules regarding direct selection of vendors and follow the competitive selection process.

As part of this process, the contract developer will produce written documentation of the process and make a good faith effort to locate a Women and Minority Business Enterprise (WMBE) Company.

The City consultant bid limits and thresholds are located on the City InWeb, or the contract developer may contact the SPD Grants and Contracts Unit for assistance.

1.060 TSK-1 Developing a Consultant Contract

When assigned to develop a consultant contract, the contract developer:

1. Performs a preliminary analysis of the work that the contract will address.

2. Reads and refers to the Department Contracting Manual.

3. Uses the standardized contract templates.

4a. Refers to the Consultant Roster Directory for a list of qualified consultants.

OR

4b. Conducts outreach activities to locate a suitable consultant, if necessary or if required by the contract cost amount.

5. If drawing from the City’s roster of Consultants, compares the services and costs of at least three consultants, including a women and minority business enterprise (WMBE) vendor, prior to making a decision.

6. Selects a consultant.

7. Verifies that the consultant is not debarred from working with the City by searching System for Award Management (SAM).

8. Prints the search page from SAM and keeps it in the project file.

9. Negotiates the terms of the contract with the consultant.

10. Submits a draft to the Grants and Contracts Unit for finalization, legal review, and presentation to the COO for approval.

11. Once the contract has been executed (signed), provides written authorization to the vendor to commence contract work.

12. Manages the scope, timeliness, and deliverables of the work.

13. Approves invoices for payment.

14. Amends the contract as necessary.

1.070 - Training

Effective Date: 11/20/2013

1.070-POL

This policy applies to training curriculum developed and hosted by all sections of the Department that is intended to support and reinforce Department policies, procedures and tactics.  Specialized training for other purposes is approved by the employee’s chain of command. Training courses that are hosted off-site by outside vendors are governed by Manual Section 3.080 – Travel and Training System.

1. Training Curriculum Must Be Consistent With the Seattle Police Manual

Training curriculum is a specific body of knowledge presented to train and educate employees.  Lesson plans are part of the training curriculum.

a. Attendance at Non-Department Training Does Not Relieve an Employee of the Duty to Follow Department Policy and Training

2. Lesson Plans Must Contain Certain Elements

Lesson plans must contain the following:

  • Course outline
  • Course overview
  • Performance objectives
  • Introductions
  • Material presented, to include any and all
    • Lecture notes
    • Power Point presentations
    • Videos
    • Handouts
    • Group activity instructions
  • Exams, if applicable
  • Debriefing
  • Safety plan, if applicable

3. Training Curriculum That is Intended to Support and Reinforce Department Policies, Procedures and Tactics is Vetted Through the Compliance Section

See 1.070-PRO-1 Vetting Department-Developed Training Curriculum Through Compliance Section.

4.  The Chief of Police, Through the Assistant Chief of the Professional Standards Bureau, Approves all Training Curriculum

5.  Each Section That Conducts Training Retains All Curriculum That It Presents

Each iteration of a lesson plan that is presented to a class must be archived.   

6.  ETS Retains All Attendance Documentation

Attendance documentation for courses that are intended to support and reinforce Department policies, procedures and tactics must include a class roster and the name and serial number of the lead instructor. 

Section captains shall ensure that ETS is advised of all outside training attended by their employees.    Training courses that are hosted off-site by outside vendors are governed by Manual Section 3.080 – Travel and Training System.

7.  Each Section That Conducts Training Evaluates All of Its Training on an Annual Basis

Sections evaluate their training in order to confirm that it remains current and relevant.  Captains shall document the annual review in a memorandum archived within their section.

1.070-PRO-1 Vetting Training Curriculum Through Compliance Section

Training Lieutenant

1. Sends draft training curriculum to the Compliance Section lieutenant

Compliance Section Lieutenant

2. Forwards draft training curriculum to Compliance Section sergeant for assignment

Compliance Section Sergeant

3. Assigns a Compliance Section detective to review draft curriculum (if possible, the detective shall have been the policy project lead on the subject)

Compliance Section Detective

4. Reviews draft curriculum

5. Determines whether draft curriculum is consistent with Department policy (Note: the intent is not to troubleshoot technical aspects of the training/curriculum)

a. If the detective determines that the draft curriculum is consistent with policy, emails the Compliance Section sergeant with that conclusion (which is then forwarded up the chain of command to the Assistant Chief of the Professional Standards Bureau) (Skip to step 11.)

b. If the detective determines that the draft curriculum may be inconsistent with policy, schedules a work group meeting with the Compliance Section sergeant, the Compliance Section detective, the Training sergeant, the Training officer who drafted the curriculum and, if feasible, at least one of the subject matter experts who participated in the work group when the policy was written/last updated

  • The meeting shall take place within two weeks 

Work Group

6.  Discusses the potential inconsistencies between policy and training curriculum

a. Training Officer: Documents the process (including who from Compliance Section vetted the draft curriculum, what was discussed at the meeting, whether there were any disagreements, whether edits were made after the meeting, etc.) on the Vetting Training Curriculum Form (form 23.9)

  • This completed form becomes part of the draft curriculum.
  • If the work group is able to resolve any and all policy issues with the draft curriculum, skip to step 11.

7. Forwards curriculum to the Compliance Section Captain and Training Captain for a resolution of any possible inconsistencies between training and policy, and for final approval by the Assistant Chief of the Professional Standards Bureau

Compliance Section Captain and Training Captain

8. Review draft curriculum

9. Discuss and resolve the potential inconsistencies between policy and training curriculum

10. Forwards draft curriculum to the Assistant Chief of the Professional Standards Bureau for review and approval

Assistant Chief of the Professional Standards Bureau

11. Approves final draft of the curriculum

1.075 - Failure to Complete Required Training

Effective Date: 08/01/2015

1.075-POL

1. Section Commanders and Civilian Managers are Responsible to Ensure that Each Employee in Their Section Completes All Required Training in a Timely Manner

Immediate supervisors shall register each employee under their supervision for all required training courses. Failure to do this will be investigated by the supervisor’s chain of command.

Exception: When a supervisor’s failure to register employees for training is repeated and/or results in the employees missing the opportunity to attend training, the section commander or civilian manager shall refer the incident to OPA.

After employees are initially registered, their immediate supervisor shall manage any necessary rescheduling.

2. Employees Shall Promptly Notify Their Immediate Supervisor and the Education & Training Section When and Why They Are Unable to Attend a Required Training for Which They are Registered

When an employee determines that he or she will not be able to attend required training for which the employee is registered, the employee must, as soon as practicable, make a reasonable attempt to notify his or her immediate supervisor and the Education & Training Section administrative assistant at SPD.Training@seattle.gov.  The employee must provide the reason for not being able to attend training.

3. Education & Training Section Shall Promptly Facilitate the Notification of Each Employee’s Immediate Supervisor and Section Commander or Civilian Manager of Failure to Attend or Complete Training

The learning management system electronically notifies an employee’s immediate supervisor when the employee fails to attend required training, or attends required training but fails to complete it.

Supervisors shall refer incidents of an employee attending but failing to complete required training within the required timeframe to OPA.

4. Immediate Supervisors Shall Conduct a Timely Review of Their Subordinates’ Failure to Attend a Required Training for Which They are Registered

The immediate supervisor shall speak with the employee to discuss the circumstances behind the failure to attend required training. The immediate supervisor shall determine whether the failure to attend required training is justified, shall document that determination and the reasoning behind that determination in the employee’s PAS, and shall reschedule the employee for training within the available sessions remaining.  

Supervisors shall refer the incident to OPA in the following circumstances:

- the employee’s absence is unjustified

-  the employee unjustifiably fails to provide reasonable advance notice that he or she will not attend a scheduled training

Additionally, supervisors have discretion to refer incidents to OPA when the employee’s history of justified absences indicates a lack of commitment to meet his or her obligation to attend required training.

1.080 - Inspection and Audits

Effective Date: 08/21/2013

1.080-POL

This policy outlines the authority and responsibilities for conducting audits and inspections, and responsibilities for cooperation with the audit and inspection function.

1. The Compliance Section Shall Conduct Specific Department Audits

Audits are conducted consistent with the Generally Accepted Government Auditing Standards (GAGAS) applicable to the subject, as published by the Government Accountability Office.

Audit: The process of examining a process or program from beginning to end by an independent person or body

The Compliance Section Captain has sole authority to initiate audits and inspections.

Exception: Line inspections shall be handled by precinct section captains.

All Department captains may request audits of their precinct/section through the Compliance Section Captain.

2. The Compliance Section Shall Have Full and Unrestricted Access to All Department Functions, Records, Property and Personnel

Department units shall respond to all requests from the Compliance Section within the time frame indicated.  If the deadline can not be met, a response explaining why and when the request will be met is required.

3. The Compliance Section Shall Publish a Report at the Conclusion of the Audit/Inspection

The report shall include all findings and may provide recommendations for corrective action, as needed.

The report shall be forwarded directly to the precinct/section captain for review and comment prior to final distribution.

4. The Compliance Section Captain Shall Order Follow-Up Audits as Needed

The Compliance Section shall notify the precinct/section captain that a follow-up audit will occur upon publication of the initial audit report.

The Compliance Section Captain shall establish a timeline and provide guidelines at least ten days prior to the follow-up audit to the precinct/section captain.

5. Captains Will Complete at Least Two Annual Line Inspections of Personnel and Equipment Within Their Command

An inspection is a process of examining an item or a number of items.  Line inspections shall be conducted by a sergeant or direct supervisor.

6. Each Officer Within a Precinct/Section Shall be Subject to at Least Two Line Inspections

Informal inspections shall be conducted while on-duty and may include roll-call inspections of uniforms and equipment.

Formal inspections are conducted like informal inspections but require a written report to command personnel.  Reports shall detail the finding of the inspection and document actions taken.

The precinct/section captain or lieutenant shall document the results of the inspection.  The record will be retained at the precinct/section level for one year according to the Washington State Retention Schedule (LEO-01-39).

1.090 - Ticket Chain of Custody

Effective Date: 08/01/2018

1.090-POL

This policy applies when tracking the custody of paper tickets through the various channels of custody throughout the Seattle Police Department.

1. The Quartermaster (QM) Shall Maintain the Ticket Supply

The Quartermaster will maintain an adequate supply of Criminal Citations, Notice of Infractions (NOI), Traffic Contact Reports (TCR), and Parking Violations.

2. The Audit Policy and Research Section (APRS) Will Approve All Ticket Orders -See 1.090-PRO-1 Approving Ticket Orders

3. Stationmasters Shall Control Tickets at the Precinct/Section Level -See 1.090-PRO-2 Issuing Tickets to Officers

Only the stationmaster/designee can issue tickets from precincts supplies.

Each precinct shall have a procedure to obtain tickets during non-business hours.

4. Officers Are Responsible For All Tickets Issued to Them

Officers shall retain copies of all tickets issued to them:

- "LEA" copies of NOIs and Criminal Citations

- Copies of Parking Violations and TCRs.

Officers shall turn in LEA and TCR officer copies to their sergeant upon completing a ticket book.

- If the officer cannot account for an LEA copy, they shall submit a memorandum in its place.

- Precincts will file these in the precinct centralized storage location for these documents for

- 3 years plus current year for NOIs and Criminal Citations

- 1 year plus current year for TCRs.

5. Unused Ticket Books and LEA Copies Will Remain at the Precinct Where They Were Originally Assigned

Officers transferring to a new precinct or separating from the Department will leave unused ticket books and LEA copies of used tickets with their immediate supervisor. See 1.090-PRO-3 Submitting a Ticket Book.

New ticket books may be requested and distributed from the stationmaster at the officer’s new precinct assignment.

Exception: Officers transferring to a detective position or a position outside of patrol may keep their assigned ticket books, as needed. Officers transferring to a new assignment will return their assigned ticket books to the originating stationmaster when completed. 

1.090-PRO-1 Approving Ticket Orders

Quartermaster

1. Sends one book selected from a batch order of tickets to APRS

Audit Unit Detective

2. Inspects ticket book for quality.

3. Sends a memorandum to the QM for approval of the order.

4. Retains the ticket book within APRS for 3 years plus the current year.

Quartermaster

5. Generates a Case Lot Roster for the tickets.

6. Creates a Ticket Book Register for each book within the batch.

7. Retains the Case Lot Roster for 5 years plus the current year.

1.090-PRO-2 Issuing Tickets to Officers

Stationmaster

1. Orders tickets from the Quartermaster.

Quartermaster

2. Provides tickets in Case Lots to the Stationmaster.

Stationmaster

3. Signs the Case Lot Roster prior to taking custody of tickets.

4. Returns any non-serviceable tickets to the QM upon discovery with a memorandum of explanation.

5. Issues tickets to officers upon request.

6. Records each book into the Ticket Book Register prior to issuance.

7. Removes the ticket book receipt from book prior to issuance.

8. Provides officer with the ticket book.

9. Sends all ticket receipts along with a copy of the ticket book register to APRS once all ticket books on the register are issued.

1.090-PRO-3 Submitting a Completed Ticket Book

Officer

1. Organizes all LEA copies from their ticket book in numerical order.

2. Writes an SPD Memorandum explaining the reason for any missing LEA copies from the ticket book.

If the ticket book is complete:

3. Gives the original LEA copies and memorandums to their immediate supervisor.

In the event of a transfer between precincts or separation:

3a. Leaves the unused tickets in the book and gives the ticket book and LEA copies to their immediate supervisor before leaving the precinct or unit.

Supervisor

6. Ensures all LEA copies of tickets are accounted for or that the memo exists for any outstanding LEA copies.

7. Sends the original LEA copies, SPD Memorandums and any remaining unused tickets to the precinct stationmaster.

Stationmaster

8.Logs the date, number of LEA copies returned and number of memos returned on the Ticket Register Form.

- Form 27.5a Ticket Register Notice of Infraction or Form 27.5b Ticket Register Criminal Citation located in Word Templates.

9. If unused tickets were returned, sends the unused portion of the ticket book to APRS.

10. Sends the LEA copies and memorandums to the precinct administrator.

Precinct Administrator

11. Files the LEA copies at the precinct.

Audit Unit Detective

12. Purges remaining unused tickets.

13. Retains the ticket book within APRS for 3 years plus the current year.

 

1.100 - Ticket Audits

Effective Date: 01/16/2013

1.100-POL

This policy applies when the Compliance Section initiates monthly ticket audits per RCW 46.64.010.

1. APR Shall Audit Tickets from Each Precinct and the Traffic Section Twice a Year

Each of the five precincts and traffic will be audited twice a year.

2. Watch Lieutenants Shall Conduct Ticket Inspections Monthly -See 1.100-PRO-1 Unit Ticket Inspections)

Watch Lieutenants shall record the results of the inspection on an SPD memorandum.

The memorandum shall be reviewed by the precinct/section captain and retained at the precinct for the current plus previous year.

3. Precinct/Section Captains Shall Perform Unit Ticket Inspections

Twice a year, at least 120 days apart, the precinct/section captain shall inspect the unit ticket procedures to include:

  • Accuracy of the Ticket Book Register
  • Security of the precinct LEA copy storage file.
  • Completion and retention of watch lieutenant inspection memorandums.

The precinct/section captain shall complete an SPD memorandum documenting these inspections and retain with the watch lieutenant inspection memorandums.

1.100-PRO-1 Unit Ticket Inspections

Watch Lieutenant

1. Selects two officers under their command.

2. Checks first 10 tickets of one criminal citation and one notice of infraction book currently issued to the officers.

3. Collects memorandums of explanation for any missing ticket LEA copies.

4. Drafts an SPD memorandum documenting the results of the inspection.

5. Submits the memo to the precinct/section captain.

Precinct/Section Captain

6. Collects all memorandums monthly from each Watch Lieutenant.

7. Retains memorandums in a centralized location.

1.110 - Public Information

Effective Date: 11/15/2017

1.110-POL-1 General Policy

1. “Media” Refers to all Reporters, Photographers, Camera Operators and Others Who are Directly Employed by Agencies of the Media and Who Hold Valid News Media Identification

Entities related to media outlets, such as CrimeStoppers, are considered related outlets for purposes of this policy.

2. Except as May Otherwise Be Authorized by the Chief of Police or His or Her Designee, Employees Shall Not Release Information to the Media or Related Outlets Other Than as Prescribed by This Policy

Exception:  The release of information responsive to a Public Disclosure Act Request or records subpoena shall be coordinated through the Legal Unit. 

3. Public Affairs Unit Promotes Effective Relations Between the Media and the Department

The Public Affairs Unit shall promote effective relations between the news media and the Department by:

- Assisting the media in covering news stories at the scene of police operations

- Preparing and distributing news releases

- Arranging for, and assisting at, news conferences

- Coordinating and authorizing the release of information

- Coordinating the release of information with other public service agencies

The general function of the Public Affairs Unit shall include but not necessarily be limited to:

- Assisting news personnel in covering news stories at the scenes of incidents

- Distributing public safety information via social media channels

- Being available for on-call responses to the news media

- Preparing and distributing agency news releases

- Arranging for and assisting at news conferences

- Coordinating and authorizing the release of information about victims, witnesses, and suspects

- Assisting in crisis situations within the agency

- Coordinating and authorizing the release of information concerning agency investigations and operations

- Developing procedures for releasing information when other public service agencies are involved in a mutual effort

4. Public Information Officers (PIO) Work in the Public Affairs Unit and Act as the Representatives of the Chief of Police to the Media

5. Only Specific Personnel are Authorized to Give a Statement to the Media

Non-authorized personnel shall not provide any substantive information to the media. 

When the media requests an interview with an on-duty employee, officers shall refer media representatives to a PIO or the on-scene captain or permanent-rank lieutenant.

At incidents where the media is on-scene and a PIO is not available, the precinct-of-occurrence watch lieutenant or someone designated by the on-scene captain or permanent-rank lieutenant will speak to the media as the Department representative.

When the media does not respond to the scene but then contacts a Department employee when there is not a PIO on-duty, the employee shall instruct the media to call the Communication Section at (206) 684-8640. 

The Dispatch Supervisor will page the on-call PIO in the event of a critical incident. The on-call PIO will communicate directly with news outlets regarding non-urgent matters as needed.

6. Chief of Police, or Designee, Is the Only Person Authorized to Speak to the Media Regarding Department Budget Issues, Department Goals, Allocation of Resources and the Interpretation of Department Policy

7. Department Employees Will Notify the Public Affairs Unit of All Requests for Interviews Prior to Speaking With the Media

If a time constraint exists, the Dispatch Supervisor will page the on-call PIO to screen the incident.

8. Primary Officer Will Notify His or Her Immediate Supervisor When Responding to an Incident That is Likely to Produce a Media Response or When Notification of the Public Affairs Unit is Required by Department Policy

If the incident is an in-progress police operation, the on-scene captain or permanent-rank lieutenant will contact the Communications Section and request that a PIO respond to the scene. The watch lieutenant at the precinct-of-occurrence will act as the Department media representative if a PIO does not respond.

9. When an Incident Produces a Media Response, or is Likely to Produce a Media Inquiry, the Primary Officer’s Sergeant Will Send a Notification to the Public Affairs Unit E-mail Account

The Public Affairs Unit e-mail account is SPDNews@Seattle.gov.

10. Interaction with the Media

- Department employees will cooperate with representatives of the media in a courteous and professional manner, providing only accurate, objective and factual responses.

- Speak about the facts as you know them. Do not speculate or editorialize. If you do not know the answer to a question, refer the media person to someone who has that information or tell them that you will attempt to get the information and get back to them.

- Take time in answering questions and give a thoughtful response.

- Do not make off-the-record statements to the media. The media is under no obligation to keep your statement off the record.

- Department employees should contact the Public Affairs Unit with any complaint they have about an interaction with the media.

11. At Active Crime Scenes and Other Serious Incidents, the Media are Not Permitted Past the Marked Perimeter

The on-scene captain or permanent-rank lieutenant shall establish a location near the scene as a media staging area as soon as practical and advise the media if a PIO is responding and his or her estimated time of arrival.

The on-scene captain, permanent-rank lieutenant or supervising investigator will determine if the media will be allowed to cross the perimeter and set limitations on their movements until the scene has been secured. Once the scene is secured, and the criminal investigation is complete, the media will be given access to the location.

The media will be allowed in any area that is open to the public. The media cannot enter private property without the owner’s permission.

a. Media Will Not Be Restricted From Entering a Disaster Area Unless the Media’s Presence Interferes With a Police Operation

The on-scene captain or permanent-rank lieutenant may declare a disaster area a crime scene if he or she believes the disaster occurred due to criminal action.

12. On-Scene Captain or Permanent-Rank Lieutenant Will Request That Media Aircraft Be Restricted Around the Location of a Police Operation When the Presence of the Aircraft Compromises Officer Safety or Hinders the Operation

The on-scene captain or permanent-rank lieutenant will inform the PIO of the reasons for the aircraft restriction. The PIO will contact the appropriate news agency and request that they voluntarily remove the aircraft. In the event that a PIO is not at the scene, the on-scene captain or permanent-rank lieutenant will have the Dispatch Supervisor make the request.

If the news agency does not voluntarily move their aircraft out of the area of the police operation, the PIO, Incident Commander or Dispatch Supervisor will contact the Federal Aviation Administration and request that the airspace above the incident be cleared.

13. On-Scene Captain or Permanent-Rank Lieutenant May Request the Assistance of Media Aircraft for Viewing the Incident, Coordinating the Operation, Photographing the Incident and Transporting Employees for Tactical or Operational Purposes

14. Department Employees Will Neither Prevent nor Facilitate the Photographing of Defendants or Suspects in Custody

15. Public Affairs Unit Shall Coordinate Requests for Media Ride-Alongs

The Public Affairs Unit will ensure that the precinct/unit hosting the media representative complete and sign a Civilian Observer Ride Request and Waiver (form 7.11).

During the ride-along, the media representative will not be allowed to use any image-recording device or audio recorder without the prior approval of the Chief of Police.

1.110-POL-2 Release of Information to the Media

1. Chief of Police or a Deputy Chief Will Screen the Information That Will Be Released to the Media in an Officer-Involved Shooting or Where a Serious Injury or Death of a Person Occurs as a Result of Police Activity

2. The Department Will Generally Release Information to the Media in a Timely Manner

The Public Affairs Unit will be the conduit for releasing information to the media. Public Affairs will coordinate with follow-up units when applicable to verify the case status and ensure that information released will not compromise an on-going investigation or pending prosecution. Information that is publicly available will be released as needed.

For information regarding the release of information related to an officer-involved shooting, see Manual Section 1.115-Media Release: Officer-Involved Shooting.

 

a. Public Affairs Unit Will Release Information to CrimeStoppers and Other Media Outlets

All media outlets have equal access to Department information once it has been deemed acceptable for release.

3. There is Certain Information That Can Generally Be Released to the Media

- The facts regarding an incident that may include:

- A basic description of the incident

- How the incident came to police attention

- What time the police responded to the call

- How many officers are currently assigned to the call

- The number of suspects and victims involved in the incident

- Adult suspects charged with a crime:

- Suspect’s name, age, gender, race and city of residence

- Charge filed by the prosecutor

- Arresting/investigating unit

- Circumstances of the arrest

- Adult suspects who have been arrested and booked into jail or cited but not charged with a crime:

- Suspect’s name, age, gender, race and city of residence

- Alleged offense

- Arresting/investigating unit

- Circumstances of the arrest

- Adult suspects who have been arrested, not booked into jail or cited, and have not been charged with a crime:

- Age, gender, race and city of residence

- Investigating/arresting agency

- Medical condition of a suspect/victim:

- Readily observed information regarding medical conditions may be released. Detailed medical information, diagnosis or prognosis will not be released.

- Deceased persons:

- Only the age, gender, race and city of residence of the deceased person may be released. The King County Medical Examiner’s Office will be responsible for releasing the identification of the deceased person.

4. Information Pertaining to Juveniles, Their Parents, or Legal Guardians Will Not Be Released

This applies whether the juvenile is reported as a suspect, witness, victim, missing person, runaway or person of interest.

Information identifying child victims under age eighteen who are victims of sexual assault is confidential and not subject to release to the press or public.

Photographs of juveniles will not be released to the media without a court order or the consent of the juvenile’s parent or guardian.

5. Certain Information Will Generally Not Be Released to the Media Unless Authorized by the Chief of Police or Designee

- Statements about a suspect or defendant’s:

- Character, criminal record, or reputation in the community

- Guilt, innocence or possible outcome of pending legal proceedings

- The existence or content of any admission, confession or alibi

- Statements or opinions regarding a defendant’s willingness or refusal to make a statement

- The results of evidentiary examinations or forensic tests involving a pending case

- The anticipated testimony or credibility of any prospective victim or witness

- Statements or opinions concerning evidence, or legal arguments, to be used in a pending case

- Information regarding bombings, bomb threats, kidnappings or kidnapping threats, unless authorized by the Captain or Lieutenant of the Violent Crimes Investigations Section

- Any information disclosing the identity of a confidential source

- Identification information related to the victim of a sexual assault

6. Information on Vehicle or Boating Collisions Will Be Restricted to the Narrative Portion of the Report and Must Be Requested Through the Public Affairs Unit

The names, license numbers or registration numbers of the persons and vehicles involved in the collision will not be released.

7. Booking Photo or an Investigative File Photo of a Suspect Wanted for a Serious Crime May Be Released to the Media if It Will Assist in the Capture of the Suspect or Warn the Public if the Suspect is a Danger to the Community

Authorization to release the photograph must come from the unit investigating the crime.

8. Photographs of Level III Sex Offenders May Be Released to the Media and the Public

9. Home Address, Telephone Number, or Date of Birth of Any Department Employee Will Not Be Released Without the Employee’s Expressed Consent

The release of immediate on-scene information of the involved employee will be confined to the employee’s age, race, gender, rank, tenure and bureau of assignment.

10. Media Representatives May Obtain Copies of Police Reports Through the Public Affairs Unit

1.112 - Responding to Requests from Elected Officials

Effective Date: 02/01/2018

This policy applies to all forms of communication by all civilian employees below the rank of executive and all sworn employees below the rank of Assistant Chief. Personnel conducting community meetings may communicate with elected officials, as appropriate.

The Department will ensure a prompt and thorough response to contacts and requests from elected officials and their representatives

This policy does not apply to matters that are of no reasonable concern to the Department, to include personal communications. It also does not apply to correspondence between labor representatives and elected officials regarding legitimate labor concerns.

1.112-POL

1. The Department Defines Elected Officials as Federal, State, County or Local Legislative or Elected Officials, Candidates or Their Staff/Representatives

2. The Executive Director of Strategic Initiatives is the Official Point of Contact for Communication with Elected Officials

3. Employees Will Forward Requests from Elected Officials to the Official Department Point of Contact

Employees will not communicate with elected officials regarding department-related matters. Instead, they will forward requests to the official department point of contact.

The department point of contact will screen all outgoing department-related information with the chief of police before releasing it to elected officials.

See 1.112-PRO-1 Communicating with Elected Officials

Exception: Department employees who have regular interactions with elected officials about on-going issues may respond to such elected officials at the time of the request, but must inform the Office of the Chief of Police through their chain of command as soon as practical.

Exception: Personnel conducting community meetings may communicate with elected officials who are present, as appropriate, but must notify the Office of the Chief of Police through their chain of command as soon as practical.

Exception: Precinct captains may communicate with their district city councilmembers, but must notify their bureau commander regarding these communications as soon as practical.

1.112-PRO-1 Communicating with Elected Officials

Employee

1. Receives an inquiry related to official department matters from an elected official or their representative

2. Notifies their lieutenant/civilian manager via the chain of command

Lieutenant/Civilian Manager

3. Receives the notification and forwards any official request through the chain of command to the department point of contact.

Executive Director of Strategic Initiatives

4. Receives the notification and proposes a response

5. Reviews the request and proposed response with the chief of police

6. Provides appropriate response to the elected official or representative

1.115 - Media Release: Officer-Involved Shooting

Effective Date: 06/01/2017

1.115-POL

This policy applies to the Department’s release of information following an officer-involved shooting.  This policy is intended to balance the integrity and credibility of an investigation with public transparency. This policy does not supersede the release policies of other agencies, should those agencies assume investigative responsibility.

For information about the investigation and review of officer-involved shootings, please see 8.400 - Use of Force Reporting and Investigation, 8.500 - Reviewing Use of Force 

1. The Department Will Issue a Statement as Soon as Feasible to Inform the Public of the Investigatory Timeline and Process

2. Information Released by the Department Will Be Factual and Will Not Contain Any Pre-Judgement

The Department will not compromise the investigatory timeline in order to expedite the release of information. 

3. The Public Affairs Unit Coordinates the Release of Information Related to Officer-Involved Shootings (OIS) as Approved by the Chief of Police or Designee

Investigative units will provide all relevant information to the Public Affairs Unit. 

4. Except as Otherwise Required by Law, the Department Will Not Release the Subject’s Criminal History, Unless if it was Relevant to the Incident and Known to the Involved Officer(s) Prior to Engagement

5. Within 48 Hours of an OIS, the Department Will Release the Names of any Officers Who Discharged a Firearm, Absent Exigent Circumstances

6. Within 72 Hours of an OIS, the Department Will Release Video That Provides a General Overview of What Occurred, if Any Such Video Has Been Identified

This includes both Department-produced video (ICV, etc.) and private video (store security camera, etc.)  The Department will not necessarily release all video related to an incident, just a representative and relevant sample. 

Exception: The Department will not release video that may compromise an investigation.

7. Within 72 Hours of an OIS, the Department Will Release Photos of Relevant Evidence, if Any Such Evidence Has Been Identified

Exception: The Department will not release evidence that may compromise an investigation. 

8. The Chief of Police Will Neither Approve Nor Condemn the Actions of Officers During an OIS Incident Until the Department’s Process of Investigation and Review has Concluded

9. Except in Narrow Circumstances, all Information is Presumptively Releasable at the Conclusion of an Investigation

See Manual Section 12.080 - Department Records Access, Inspection & Dissemination

1.120 - Performance Review Entities and Processes

Effective Date:  02/01/2016

This policy pertains to the approval of the Department’s performance review entities and processes.  For information about specific entities and processes, please see Manual Sections:

2.020 – Appointments & Probation,

2.070 – Performance Evaluation,

3.070 – Early Intervention System,

8.400 – Use-of-Force Reporting & Investigation,

8.500 – Reviewing Use-of-Force,

13.010 – Collisions Involving Department Vehicles,

13.015 – Collision Review Board,

13.031 – Vehicle Eluding/Pursuits, and

16.100 – Patrol Training & Publications.

1.120-POL

1. The Chief of Police Must Approve any Department Board, Unit or Process Created to Review Performance

The procedures of any Department board, unit or process created to review performance must be approved by the Chief of Police and set forth in the Seattle Police Manual or an appropriate unit manual.

Title 2 - Department Employment

2.020 - Appointments & Probation

Effective Date: 10/01/2015

2.020-POL-1 General Policy

1. Definitions

Non-sworn employee: Any Department employee other than a sworn employee.

Sworn employee: A Department employee commissioned and empowered to enforce the criminal laws of the City of Seattle and State of Washington.

2. The Chief of Police Shall Be Appointed by the Mayor, Subject to Confirmation by a Majority Vote of all Members of the City Council

3. All Subordinate Sworn and Non-Sworn Employees Shall Be Appointed by the Chief of Police under Civil Service Rules and Regulations

Except for the Chief of Police (appointed by the Mayor), Deputy Chief(s) and Assistant Chief(s) (appointed by the Chief of Police), all other sworn appointments are made by the Chief of Police on from a certified Public Safety Civil Service list.

4. Employees Are Assigned a Unique Serial Number

An employee’s unique serial number is used for official identification with the Department.

Each employee shall be responsible for including their name and serial number on all official reports and records prepared by them.

5. Human Resources Section Issues Employees Official Department Identification Cards

6. Employees Are Excused from Duty Between Some Assignment Changes

Employees who are transferred, detailed or temporarily assigned to a different section or unit from their  current assignment, are excused from duty the eight hours proceeding the start of their new assignment.

7. If Deficiencies are Identified in Performance Appraisals, the Department Will Provide the Employee Remedial Training, as Appropriate

2.020-POL-2  Recruits, Reserves & Other Commissions

1. All Police Recruits Shall Satisfactorily Complete the Course of Instruction for the Basic Law Enforcement Academy Conducted by the Washington State Criminal Justice Training Commission

The duties of a police recruit shall be to attend the Washington State Criminal Justice Training Commission accredited Police Academy until graduation and to perform other duties as assigned by the Chief of Police. The duties of a police recruit shall not include law enforcement duties, nor shall any employee holding such position be considered a law enforcement officer for purpose of any State law relating to police pensions.

The Chief of Police may appoint and swear police recruits as police officers upon their graduation from the State-accredited Academy.

2. Police Reserves are Unpaid, Volunteer Personnel Selected From the Community

Reserves are under the command of the Field Training Unit and are responsible for aiding and supplementing the Department in matters of routine police duty and assisting in the event of emergencies.

3. Special Police Commissions May be Approved by the Chief of Police

The Employment Services Section is responsible for processing all applications. The duties of Commissioned Special Police will conform to City Ordinance. Special Police Commissions are valid only during the performance of duties for which the commission was issued.

4. The Chief of Police May Issue Honorary Police Commissions

Honorary Police Commission holders shall have no authority or responsibility to enforce laws and ordinances, beyond that of any other citizen, as provided for by law.  Honorary Police Commissions may be issued by the Chief of Police to:

- Non-sworn employees - Legal Advisor, etc.

- Professional Consultants - Chaplain Corps, etc.

- Any other individual whose activities warrant formal Departmental recognition or identification.

2.020-POL-3  Probation

1. The Probationary Period for Non-Sworn Employees Shall Be Equivalent to Twelve (12) Months Full-Time Service From the Date of Hire

2. The Probationary Period for Sworn Employees Shall Be Twelve (12) Months From the Date a Police Recruit Successfully Completes the Washington State Basic Law Enforcement Training Academy

Minor absences due to vacations, annual military leaves, illnesses, etc., shall not be construed as interrupting the probationary period. If absences become excessive, the Executive Director of the Public Safety Civil Service Commission will approve a Departmental request for an extension of the probationary period. (Public Safety Civil Service Commission Rule 12.02)

No later than the end of the eleventh month of probation, the sworn probationer’s section captain or the non-sworn probationer’s supervisor shall submit a written report encompassing the probationer’s work performance record and qualifications and shall include a recommendation as to whether the probationer should be granted permanent status. This report shall be sent to the Human Resources Section no later than one week after the end of the eleventh month of probation.  Nothing in this section shall preclude a supervisor from addressing issues in the work performance of a probationary employee prior to the eleventh month of the probationary period.

2.020-POL-4  Promotion or Selection For Field Training Officer, Specialty Unit, Follow-Up Unit or Higher or Bonus Pay Position

 

1. Review of an Employee’s Performance History When Considering Promotion or Selection for Field Training Officer, Specialty Unit or Higher or Bonus Pay Position

The data underlying an employee’s performance and disciplinary history  (PAS, use-of-force, OPA complaints, EEO complaints, on-duty collisions, vehicle pursuits, being named in police action claims or lawsuits, K9 apprehension-bite ratio and unexcused failure to appear in mandatory training)  may be considered when an officer applies for promotion or for selection for a specialty unit, as a training officer, or for any higher or bonus pay position to the degree that the subject matter is relevant to the position or assignment sought.  Closed complaints with findings of lawful and proper or unfounded, Early Intervention Mentoring Plans successfully completed by an officer, and complaints that do not trigger early intervention thresholds are generally not relevant to a promotion or assignment decision.

Nothing in this policy manual precludes the consideration of performance-related criteria for promotions, selection for field training officer, specialty unit, or higher or bonus pay positions.

2. The Lieutenant or Captain of Specialized and Follow-Up Units Facilitates Appointments to Fill Open Positions

The lieutenant or captain of specialty and follow-up units must advertise an open position in the Department Notices at least 30 days prior to filling the position. (See 2.020-PRO-1 Advertising Open Positions in Specialty and Follow-Up Units.) The lieutenant or captain will request that applicants submit a memo of interest and/or resume for the position.

The lieutenant or captain will send a memo to each applicant stating that their memo of interest/resume has been received.

The lieutenant or captain will submit a memo to their bureau chief noting the top three candidates in order of priority. The memo will also list the names of all the employees applying for the position, in alphabetical order. The bureau chief will decide who will fill the position after consulting with the lieutenant or captain.

The lieutenant or captain will send a memo notifying the person selected for the position. A memo will also be sent to each person who applied for the position and was not selected. This will be done before any official or unofficial announcement.

In an effort to assist candidates to be more competitive for future openings, captains, lieutenants and sergeants will provide appropriate feedback and recommendations, (e.g. training, experience, improved skills, etc.) to the employees not selected for the position.

3. Police Detective or Investigator Assignments Will Require Successful Completion of a Course of Training Established by the Captain of the Education & Training Section

The Captain of the Education & Training Section shall establish a training schedule to best maintain a sufficient number of eligible candidates for the detective vacancies within the Department.

The Detective Course shall be scheduled and administered by the Education & Training Section and will include academic blocks of instruction as well as practical exercises for skill related training. The course will be structured around three core elements:

a. Criminal law

b. Criminal investigations

c. Department policy related to criminal investigations

Competency in all three core elements must be shown by successful completion of an examination at the end of the course.

Upon the successful completion of the Detective’s Course, the employee’s training record will be updated to reflect their eligibility status. Detective unit sergeants may verify a prospective candidate’s eligibility by contacting the Education & Training Section. The employee’s eligibility for a detective’s position will not expire.

Selection of personnel for a detective assignment shall be at the discretion of the respective bureau chief.

In the event a particular individual is needed for a specific detective assignment and that individual has not completed the Detective’s Course or has not worked a detective assignment, said individual must successfully complete the next scheduled Detective Course.

Failure to pass the Detective Course will eliminate their eligibility to work in a detective assignment. Eligibility may only be regained by passing the next scheduled Detective Course.

2.020-POL-5  Voluntary Transfer Requests

1. Employees May Submit Voluntary Transfer Requests

The initial request for transfer is made by submitting a Department Memorandum through the employee’s chain of command to the appropriate section captain. Requests to transfer from one precinct to another shall be made on the Cross Precinct Preference Request Form (26.1) and forwarded to the Patrol Operations Bureau for consideration.

When a transfer is likely to occur, the section captain will advise the employee or section administrative assistant to submit an EMT move request. (hyperlink)  EMT move requests will be authorized through the employee’s current and new chain of command, up to the Deputy Chief or Chief Operating Officer. 

 

2.020-PRO-1  Advertising Open Positions in Specialty and Follow-Up Units

Lieutenant or Captain

1. Develops advertisement, which shall include the following:

- Position description

- Shift hours

- Required qualifications

- Desired qualifications

- For sergeant positions, includes service in the Office of Professional Accountability as a desired qualification.

2. Forwards advertisement, via the chain of command, to the relevant bureau chief

Bureau Chief

3. Reviews advertisement

3a. If approved, forwards advertisement to the Director of Human Resources.

3b. If not approved, forwards advertisement back to the lieutenant or captain with an explanation as to why.

Director of Human Resources

4. Reviews advertisement

4a. If approved, forwards advertisement to the lieutenant or captain.

4b. If not approved, forwards advertisement back to the bureau chief with an explanation as to why.

Lieutenant or Captain

5. Forwards approved advertisement to SPD.Notice@seattle.gov

 

2.030 - Retirements & Separations

Effective Date: 05/01/2017

2.030-POL-1 Resignations & Retirements

1. Resignations Shall Be Made in Writing and Submitted to the Chief of Police at Least Two Weeks in Advance of the Final Day of Employment

The Public Safety Civil Service Secretary may permit the withdrawal of a resignation only upon a written request filed within 180 days from the effective date of the resignation, if the request for withdrawal bears the favorable recommendation of the Chief of Police (Public Safety Civil Service Rule 17.02).

a. A Former Employee Who Resigned May Request the Return of His or Her Name to the Proper Eligible Register for His or Her Class (Public Safety Civil Service Rule 10.05)

2. Employees Nearing the Date of Retirement Shall Notify the Human Resources Section at Least Two Weeks Prior to Their Last Day of Work

3. When any Employee Permanently Vacates His or Her Office, the Employee Shall Surrender all Department Equipment and Property to the Quartermaster

The Human Resources Section shall ensure that a separating employee has returned all Department-issued equipment and completed Return of Equipment (form 1.75)

4. The Human Resources Section Shall Notify a Separating Employee’s Supervisor When an Employee is Starting the Separating Process and Shall Notify the Supervisor of any Outstanding Equipment

Supervisors are responsible for ensuring that separating or retiring employees return all Department property.

Supervisors are responsible for making all reasonable attempts at recovering Department property that has not been returned. Efforts may include phone calls, letters, and in-person contacts. All efforts must be documented.

If, after reasonable efforts at recovery, Department property is still not returned, the supervisor shall complete a memo detailing the outstanding items and the efforts made to recover them. All documentation shall be attached to the memo, which shall be forwarded through the chain of command to the Human Resources Director, with a copy to the Quartermaster Unit.

5. In the Event of Death of an Employee, the Appropriate Captain/Manager Shall Make Proper Disposition of all Department Property That was in the Possession of the Deceased

6. Lieutenants and Above Must Return Badges and Cap Shields to the Fiscal, Property, and Fleet Management Section

2.030-POL-2 Discharges

1. Non-Sworn Employees May Be Discharged From the Department Only in Accordance With City Personnel Rule 1.3.2

2. Sworn Employees May Be Discharged From the Department Only in Accordance With Public Safety Civil Service Rule 5.01

3. Employees May Only Be Discharged for Good Cause Shown

Although a discharge may be made for any other good cause, the following are declared to illustrate adequate causes for discharge

1. False or fraudulent statements or fraudulent conduct as an applicant, examinee, eligible, or employee, or such actions by others with the applicant’s, examinee’s, eligible’s, or employee’s connivance.

2. Conviction of a criminal offense or misdemeanor involving moral turpitude.

3. Willful or intentional violation of any lawful and reasonable regulation, order or direction made or given by a superior officer.

4. Willful or intentional violation of any of the provisions of Civil Service law.

5. Incompetence or inefficiency in the performance of the duties of the position.

6. Improper or unauthorized use of City property or equipment.

7. Failure to pay or make reasonable provision for future payment of just debts.

8. Use of, or attempts to use, political influence or payment in securing appointment, promotion, transfer, leave of absence or increase in pay.

9. Aiding in assessment or collection from any employee of the City appointed under Public Safety Civil Service Rules for the purpose of securing the nomination or election of any person to municipal office.

10. An attempt to induce any employee of the City to commit an illegal act or act in violation of any lawful or reasonable Departmental regulation.

11. Taking or giving of bribes.

12. Abusive or improper treatment of a prisoner or one who is under arrest or sentence; provided, the acts committed were not necessarily or lawfully committed in self-defense, to protect the lives of others, or to prevent the escape of anyone lawfully in custody.

13. Unexcused absence from duty for three days.

- Discharge in such case is mandatory unless the employee is otherwise separated from the class to which probationary appointment has been made.

14. Other employment for which a Secondary Employment Permit was not obtained and which in any way conflicts with the City's interests or interferes with City employment.

15. Failure to successfully complete firearms qualification.

4. In the Event an Employee is Discharged for Good Cause Shown, the Employee Will Receive a Written Notification

The written notification shall contain the following:

1. The reason for the discharge.

2. The effective date of the discharge.

3. The status of any retirement, insurance or other benefit accounts.

5. A Regular Employee Who is Discharged or Demoted May, Within 10 Days After Receiving a Notice of Discharge, Make Written Appeal to the Public Safety Civil Service Commission for a Hearing

The Commission will proceed to conduct a hearing at which the Department and the employee involved will be entitled to the attendance of witnesses, and the employee may be represented by counsel.

After such hearing, the Commission shall make its finding and decision and certify the same to the Chief of Police, either sustaining the action or reinstating the employee (Public Safety Civil Service Rule 6.)

2.050 - Collective Bargaining & Contract Management

Effective Date: 5/19/2004

I. Collective Bargaining

A. The Department shall abide by applicable laws and rules governing the collective bargaining process as set forth in RCW Chapter 41.56, Seattle City Charter Article XVI, Sec. 9, and SMC 4.04.120.

B. The Department will negotiate in good faith with the representatives of public employee bargaining units and abide by the ground rules for collective bargaining that arise out of the collective bargaining process or labor arbitration.

C. The Department commits to abide, in both letter and spirit, by the negotiated labor agreement that has been signed by the authorized representatives of the City and the bargaining units, and ratified by the City Council.

II. Contract Management

A. The Chief of Police or designee will:

1. Obtain a written, signed copy of labor agreements.

2. Review and amend, if necessary, all written directives and procedures to coincide with the terms of the labor agreements.

3. Disseminate information relative to a new labor agreement, including modifications to existing agreements, to managers and supervisors of bargaining unit employees.

III. Seattle Police Department Bargaining Units

Union Name Classifications Covered:

Seattle Police Officers' Guild

Police Officer

Police Sergeant

Seattle Police Management Association

Police Lieutenant

Police Captain

Police Communications Director

IFPTE, Local 17 - Technical Unit

Identification Technician

Photographer, Senior

IFPTE, Local 17 - Professional Unit

Info Tech Systems Analyst

Photographic Services Supervisor

Crime Prevention Coordinator

IFPTE, Local 17 - Admin. Support Unit

Accounting Technician II

Accounting Technician III

Administrative Specialist I

Administrative Specialist II

Administrative Specialist III

Administrative Support Supervisor

Police Data Technician

Police Data Technician, Senior

Police Data Technician Supervisor

IFPTE, Local 17 - Info Tech Professional Unit

Info Tech Professional B

JCC - Teamsters, Local 117, Appendix “H”

Equipment Servicer

JCC - PS&IE, Local 1239, Appendix “J”

Laborer

Utility Laborer

Maintenance Laborer

Washington State Council of County & City Employees

Parking Enforcement Officer

Seattle Police Dispatchers' Guild

Police Communications Dispatcher I

Police Communications Dispatcher II

Police Communications Dispatcher III

Police Communications Dispatcher, Chief

Police Communications Analyst

Systems Analyst – Police

Teamsters, Local 117

Evidence Warehouser

Evidence Warehouser, Senior

2.060 - Grievances

Effective Date: 5/20/2004

POLICY

All employees shall be treated fairly in matters arising from their employment, and they shall have the opportunity to be heard fully any time they believe they have been treated unfairly. Formal grievance procedures usually evolve from informal attempts to resolve differences between employees and the Department. The grievance procedures shall be defined in collective bargaining agreements, Civil Service Rules, and City of Seattle Personnel Rules.

I. Represented Employees

A. Employees who are members of a bargaining unit having a labor agreement with the City shall process their grievances according to the applicable grievance procedure provided by their agreement or Civil Service Rules.

II. Non-Represented Employees

A. Non-represented Department employees shall process their grievances according to the grievance procedure provided by City of Seattle Personnel Rules, Chapter V, section 8.

III. Maintenance, Control, and Analysis of Grievance Records

A. The Director of Human Resources shall be responsible for the maintenance and control of grievance records.

B. The Legal Advisor, with assistance from the bargaining unit liaisons, shall make an annual analysis of grievances. The Legal Advisor shall forward the report to the Chief of Police.

2.070 - Performance Evaluation

Effective Date: 07/01/19

A vital tool in maintaining the professionalism of the Seattle Police Department is an effective system of evaluating employee performance. Performance evaluations allow supervisors to evaluate whether subordinates are performing the job they were hired and/or promoted to do; measure the quantity and quality of their work; provide rewards for exceptional work; coach employees to grow and develop; identify specific problems and corrections to improve deficiencies.

Performance evaluations create an opportunity for supervisors to gain a deeper understanding of employees’ attitudes and strengths. In return, this will allow employees to know exactly how they are performing and what they can do to improve their value to their peers, the department, and the community.

This policy applies to all employees except where specifically directed at the categories of sworn, non-sworn, and temporary employees.

2.070 POL – Preparing and Delivering Performance Evaluations

1. Supervisors Complete Performance Evaluations for Their Subordinates

Captains or their non-sworn equivalents delegate evaluations for each employee under their command. Typically, this is the employee’s immediate supervisor.

Captains will ensure supervisors complete evaluations on time and will review content prior to submission to the Human Resources Section.

2. Supervisors Continually Monitor Employee Performance

Throughout the evaluation period, supervisors will use the applicable evaluation system to document notable incidents or events involving employees. Ratings above or below standard should include documentation and specific examples of behavior.

Evaluators will use the ratings, measurements, and procedures established in E3 or the Performance Appraisal System.

3. Employees will be Notified by their Chain of Command When Their Performance is Deemed Unsatisfactory

Supervisors will normally give such notification prior to completion of the evaluation cycle.

4. Evaluations Follow a Schedule

Sworn Employees

- Probationary sworn employees in Phase I Training (Police recruits) are evaluated by the State Criminal Justice Training Academy through the Basic Law Enforcement Training program or an appropriate training program conducted or contracted by the Department.

- Probationary sworn employees in Phase II Training (the Field Training Program) receive evaluations according to the Field Training and Evaluation Program standards.

- Probationary sworn employees in Phase III Training will receive an Alternate Weekly Observation Report completed by the assigned Field Training Officer (FTO) and a monthly FTO Supervisor’s Report.

- Non-probationary sworn employees receive evaluations a minimum of once per year, within 20 days of the employee’s hire date.

Non-Sworn Employees

- Probationary employees receive evaluations every three months.

- Non-probationary employees receive evaluations once per calendar year.

- Employees placed on the Special Evaluation Cycle who are chronically performing at a deficient level receive evaluations every three months.

- Temporary employees do not receive performance evaluations.

5. Supervisors Will Provide Completed Performance Evaluations to Employees and Meet to Discuss

After completing evaluations, supervisors will meet with their subordinates individually to provide a copy of the evaluation and discuss the employee’s performance.

During the discussions employees may ask questions concerning the evaluations and may make written comments on the evaluation in the space provided.

Once the evaluation discussions have taken place, the chain of command will review the evaluations before forwarding them to Human Resources.

6. Employees May Request an Evaluation Appeal

An employee may appeal an evaluation if the employee believes that the ratings or comments are inaccurate or unjustified and should be modified or removed. The employee requests the appeal as outlined in the employee’s collective bargaining agreement (CBA). If a CBA does not apply, the appeal goes through the employee’s chain of command.

Title 3 - Employee Welfare

3.035 - Reasonable Accommodation (ADA)

Effective Date: 01/01/2020

3.035-POL

The Department will accommodate employees in accordance with the Americans with Disabilities Act and Washington Law Against Discrimination, RCW 49.60.

1. Employees Request a Reasonable Accommodation

Employees may give an oral or written request for a reasonable accommodation to a supervisor or the Human Resources Section.  The reasonable accommodation process begins when the request is made.

If the request is made orally to a supervisor, the supervisor or employee will complete a written request and forward the request to the Human Resources Section as soon as practical. (Also see: Seattle Department of Human Resources, ADA Resource Guide and Procedures for Providing Reasonable Accommodation for Individuals With Disabilities

The written request will include:

- Identification and a brief history of the employee’s disability, and

- A description of the accommodation(s) that the employee is seeking

The Human Resources Section will contact the requesting employee to enable the Department and employee to engage in an interactive dialogue regarding the accommodation request. The employee will be responsible for providing relevant documentation, including a treating physician’s report describing the disability and the accommodation(s) required.

2. The Department Will Not Require Employees to Disclose their Religious Affiliation or Beliefs

Exception: Unless disclosing for the purposes of providing religious accommodations at the request of the employee

3. Department Personnel Will Not Disclose the Religious Affiliations of Another Employee

Exception: Unless the individual employee expressly consents to the disclosure of their religious affiliation, and has knowledge of the purpose for the disclosure. 

 

3.040 - Airborne Pathogens Control

Effective Date: 06/19/2013

3.040-POL

Seattle-King County Department of Public Health has determined that SPD employees are in a very low-risk occupational setting for the transmission of tuberculosis and other airborne pathogens.  However, since a very low risk is greater than the risk of the general population, this policy reflects the essential guidelines for protection from occupational transmission of airborne pathogens.

Officers may contact the Harborview Medical Center triage desk at (206) 731-3074, ext. 3, or the Center for Disease Control (CDC) at (800) 232-4636, ext. 134, to discuss potential exposure incidents to assist in making the decision to initiate post-exposure follow-up procedures. 

Officers may consult the CDC for up-to-date information on airborne pathogens, including tuberculosis and hantavirus.      

1. Officers Will Make Reasonable Efforts to Limit Contact With Obviously Sick Subjects

Officers may question subjects about their symptoms of tuberculosis (coughing up blood, fever, chills, fatigue, weight loss.) 

  • Officers may place a surgical facemask on an obviously sick subject who is handcuffed and/or will be transported.

Exception: Any subject experiencing respiratory distress, that is intoxicated, or may vomit, will not be fitted with a facemask.

2. Officers Will Make Notifications About Subjects Who May Have Tuberculosis

If the subject will be transported to King County Jail, officers will contact the jail nursing station at (206) 296-1214.

If the subject will be transported to the Harborview Medical Center, officers will contact the triage desk at (206) 731-3074, ext. 3.

If the subject will not be booked into jail nor transported to a hospital, officers may contact the Seattle-King County Health Department Outreach Office at (206) 263-0331. 

3.  Officers Will Not Transport Other Prisoners in the Same Vehicle as a Prisoner Who is Showing Signs of Tuberculosis

When transporting a sick prisoner, officers shall:

  • Raise prisoner screen (if applicable)
  • Open rear vehicle windows/air vents
  • Close front vehicle windows
  • Turn airflow control to fresh (not re-circulate)
  • Turn fan on high setting

a. Officers Must Arrange for Department Vehicles that Become Contaminated to be Cleaned as Soon as Possible With an EPA-Approved Decontaminant

Officers shall contact Bio Clean, Inc. at (888) 412-6300 to arrange for decontamination. 

4.  Officers Will Not Hold Other Prisoners in the Same Holding Cell as a Prisoner Who is Showing Signs of Tuberculosis

a. Officers Will Attempt to Limit the Time That a Sick Person is Held at a Department Facility to 20 Minutes

5.  Officers Who Believe That They Have Been Exposed to an Airborne Pathogen Will Notify a Sergeant to Initiate Post-Exposure Follow-Up Procedures

The sergeant will provide the officer with an Airborne Exposure Packet.  All applicable forms must be completed and the packet must be sealed and submitted to the Employee Services Lieutenant by the end of the shift, if feasible.

6.  Sergeants Shall Notify the Watch Lieutenant of an Airborne Pathogen Exposure by the End of the Shift

3.045 - Bloodborne Pathogens Exposure Control

Effective Date: 06/19/2013

3.045 - POL

This policy outlines safe work practices against communicable diseases, in accordance with the requirements of WAC 296-823 Occupational Exposure to Bloodborne Pathogens and OSHA Directive CPL 2-2.69

Officers may contact the Harborview Medical Center triage desk at (206) 731-3074, ext. 3, or the Centers for Disease Control (CDC) at (800) 232-4636, ext. 134, to discuss potential exposure incidents and to assist in making the decision to initiate post-exposure follow-up procedures. 

Officers may consult the CDC for up-to-date information on bloodborne pathogens, including infectious diseases and West Nile virus.

1. Officers May Contact the Employment Services Lieutenant for Information About the Hepatitis B Vaccination Series and Testing 

The Employment Services Lieutenant may be reached at (206) 684-5466.

2. Officers Will Advise Their Sergeant of Reportable Exposures and Utilize the Bodily Fluid Exposure Packet

The packet contains detailed instructions for exposed officers and their sergeants.  All applicable forms must be completed and the packet must be sealed and submitted to the Employee Services Lieutenant by the end of the shift, if feasible.

A Department reportable exposure incident is the direct exchange of blood or other potentially infectious material (OPIM) from a source subject to an officer.  The following exposures are considered non-reportable:    

  • Exposure to blood or OPIM on intact skin
  • Blood or OPIM on clothing or equipment
  • Being present in the same room as an infected subject
  • Touching or talking to an infected subject

3. Officers Will Use Appropriate Personal Protective Equipment (PPE)

PPE will be considered appropriate when it is designed to deter blood or OPIM from passing through or reaching the officer's clothing, footwear, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the PPE is used. 

PPE includes:

  • Nitrile gloves
  • Eye protection
  • Surgical face masks
  • Fluid-shield masks
  • Disposable foot coverings
  • Rubber boots

a. Officers Will Check Their Patrol Vehicles at the Beginning of Each Shift to Make Sure That They Have Biohazard Kits That Contain PPE

Officers will report incomplete kits to the stationmaster for restocking. 

4.  Officers Must Arrange for Department Vehicles and Facilities that Become Contaminated to be Cleaned as Soon as Possible With an EPA-Approved Decontaminant

Officers shall contact Bio Clean, Inc. at (888) 412-6300 to arrange for decontamination. 

5.  The Department Will Pay to Clean or Replace, if Necessary, Uniform Items That Become Contaminated With Blood or OPIM as a Result of a Duty-Related Incident

See Manual Section 9.050.

6.  Officers Must Only Discard Waste That is Contaminated With Blood or OPIM in Containers Provided to the Department by the Commercial Biohazard Waste Contractor

7.  Officers Must Discard Contaminated Sharps in Appropriate Containers as Soon as Feasible

Exception: The Evidence Unit may accept syringes only in cases of homicide or assault where the syringe has been used as a weapon.  See SPD Evidence Packaging/Submission Guide.

8.  Sergeants Shall Notify the Watch Commander of a Bloodborne Pathogen Exposure by the End of the Shift

3.050 - Coordinating Officer Fatalities

Effective Date: 11/9/2007

I. Definitions

A. Coordinating Officer

1. Rank of Lieutenant,

2. Assigned by the Bureau Chief of the Deceased,

3. Acts as the coordinator for all necessary arrangements.

B. Liaison Officer

1. Assigned by the Coordinating Officer.

2. Close personal friend of the victim within the Department.

3. Serves as a liaison assisting the family.

C. Event Officer

1. Honor Guard Commander.

2. In charge of organizing the funeral and associated ceremonies.

II. Coordinating Officer Duties

A. Determine if the officer’s spouse or family is in need of monetary assistance.

1. Available funds:

a. Police Relief $5,000, and

b. Police Guild $2,500.

2. If there is no immediate need for funds, wait so that all the insurance claim forms can he handled at one time. This includes Social Security, Veteran’s Assistance Benefits, and City of Seattle Death Policies.

B. Assign a plain car for full-time use until the tasks are completed.

1. Use to transport the family until after the funeral.

C. Gather the property from the officer’s locker and prepare a written inventory.

1. Assign an officer to assist and record items.

2. Check with spouse or family for disposition of property.

3. Return city property to the Quartermaster.

a. Complete in a timely manner so that the last pay check can be issued.

D. Check with the Human Resources Section regarding benefits.

1. Obtain and complete all necessary forms.

2. Take forms to spouse or next of kin for signature after the funeral.

3. The following documents are required in order to process claims:

a. Marriage certificate, if applicable.

b. Birth certificate of any children.

c. Certified copies of death certificate.

4. Contact the deceased officer’s spouse or family to determine if they desire our assistance and inform them what services the Department will provide.

a. Evaluate if security measures are needed at family's home.

5. Determine which city officials will attend the funeral.

III. Event Officer

A. Meet with the family and discuss funeral and other ceremony arrangements. Determine the type of funeral, burial or cremation, and how much Department participation is requested by the spouse or next of kin.

1. Coordinate with Department Chaplain.

B. Mortuary

1. Spouse or next of kin must make arrangements.

a. Sign paperwork.

C. Funeral and Memorial Services

1. Date and time

2. Location

3. Pallbearers

a. Furnish a list to the mortuary.

b. Make honorary pallbearer assignments.

c. Notify all pallbearers.

4. Seating Plan

D. Honor Guard

1. Arrange for Color Guard.

2. Request mutual aid from other police agency Honor Guard units.

E. Develop event plan with the assistance of the Special Deployment and Planning Unit

1. The Special Deployment and Planning Unit will:

a. Assist in writing the plan,

b. Arrange transportation,

c. Assign support personnel,

d. Develop traffic control and escort plan with the assistance of Traffic Unit, and

(1) Traffic Unit will coordinate traffic plan with other jurisdictions as needed.

(2) Develop parking plan(s).

e. Provide other planning support as needed by Event Officer.

F. Brief Chief of Police or his designee, on the funeral ceremony.

G. Ensure that teletype notification of the funeral is sent.

H. Place information in the Department Notices including the following information:

1. Time and place of services and burial

2. Whether family wishes flowers or memorials,

3. Uniform of the day, and

4. Any other pertinent information.

3.070 - Early Intervention System

Effective Date: 04/01/2020

3.070-POL

This policy applies to the use of the Early Intervention System (EIS). The Early Intervention System shall employ risk management strategies that are not punitive or disciplinary in nature.

The Early Intervention System is a key element in the SPD’s strategy to support employee wellness and professional growth by seeking to identify and mitigate against factors that may lead to negative performance issues, employee discipline, and/or employee or department liability. Once an SPD employee exceeds a preset threshold of risk factors described below, an Early Intervention Assessment will be conducted. An assessment may also be conducted at the discretion of a supervisor as part of his or her ongoing duties to monitor employee conduct and maintain performance standards.

If a mentoring plan is prescribed, the progress of the employee will be carefully tracked, and the employee’s chain of command shall be personally responsible and accountable for the implementation of the individual program and such other steps as may be necessary to address any identified concerns, including demonstrated indicators of stress or training needs. The purpose of such Assessment and Plan is ultimately to support the employee in achieving professional goals.

The system is separate from, and does not replace, the existing system of discipline for violations of policy. Department employees remain fully accountable for adhering to policy and performance standards. Nonetheless, the EIS seeks to identify and address potential risk factors before policy violations arise. The goal is to intervene and offer assistance by identifying and modifying possible factors before they result in actions that are contrary to the mission and fundamental values of the Seattle Police Department, including its commitment to constitutional policing and upholding lawful, professional and ethical standards.

The EIS represents the Department’s commitment to coach and mentor its employees and to hold the entire chain of command accountable for promoting employee wellness and success by managing risk to officers and the public.

The system is designed to support the employee through mentoring and coaching by supervisors. The use of the Early Intervention System provides employees:

* Training/Education

* Job performance feedback

* Other pathways to improve performance

* Consistent oversight and supervision

* A clear message to officers and civilian employees that the Department has resources available to assist them in meeting expectations.

Except as required by law, contract, or policy, information relating to the Early Intervention System shall be considered confidential and is not to be shared with persons not having access to the Early Intervention System. Violations of this policy may result in discipline.

Definitions:

1. Assessment Report: A form used to document the assessment conducted for an employee who has either reached the threshold criteria or who has been referred for a discretionary assessment.

2. Early Intervention Alert: Electronic pathway by which the assessment flows up the chain of command to the Performance Review Committee, and back. Each EIA has a tracking number.

3. Early Intervention Mentoring Plan: A strategy developed by an employee’s chain of command to intervene and offer assistance to the employee so that he or she will be able to uphold lawful, professional and ethical standards. A mentoring plan contains the following:

- Issue(s) to be addressed

- Method/action plan for addressing the issue(s)

- Timeline for completion of the mentoring plan

- Follow-up actions to be taken

4. Mandatory Training: Firearms qualifications and any other training designated as mandatory by the Captain of the Education & Training Section.

5. Status Report: Biweekly report used to document actions and training taken during the review period.

3.070-POL-1 Oversight of the Early Intervention System

1. Sergeants, Managers and Commanders Are Required to Review the Early Intervention Criteria Thresholds of the Employees They Supervise at Least Once Weekly

Section chains of command will be responsible for ensuring that all levels of supervision utilize the Blue Team software for this purpose. If there is follow-up action based on this weekly review, the supervisor or commander shall document that in the PAS (Performance Appraisal System).

Additionally, the Early Intervention Coordinator will provide section captains and civilian managers with monthly updates of the Early Intervention criteria thresholds related to the employees under their command.

2. Sergeants, Commanders and Civilian Supervisors Are Required to Initiate an Early Intervention Assessment (“EIA”) of any Employee they Supervise that Meets Criteria Thresholds

If an employee meets Early Intervention Criteria Assessment Thresholds, the employee’s supervisor will conduct an Early Intervention Assessment, with one exception.

Exception: A mentoring plan is mandatory for any employee who meets the EIS threshold due to 2 or more preventable vehicle collisions within 6 months. In that circumstance, the supervisor does not need to complete an EIA and may proceed directly to create a mentoring plan.     

The EIA includes reviewing the Early Intervention Criteria thresholds and promptly notifying the affected employee if he or she has met any performance thresholds and affording the employee an opportunity to identify any errors in the data. If the information in the EIS is accurate, the sergeant, commander, or civilian supervisor must also review at least the last two performance evaluations in the PAS, documentation relating to the underlying incident(s) reflected in the EIS indicator, and any additional information that would be relevant to the identified performance issues.

3. A Sergeant, Commander or Civilian Supervisor May, in Conjunction with Their Chain of Command, Contact the Early Intervention Coordinator to Initiate the EIS and Assign a Discretionary Assessment to That Chain of Command

For example, if a supervisor identifies risk factors relating to officer performance or behavior that should be addressed formally, they may initiate a formal Assessment even if an EIS threshold has not yet been met.

The Department recognizes that supervisors of all levels must be proactive in guiding the performance of employees under their command. Supervisors are encouraged to address risk factors or performance concerns prior to the Early Intervention System being activated.

4. Upon Having an Officer Transfer into His or Her Squad or Unit of Command, a Sergeant or Commander Shall Review the Early Intervention Criteria Thresholds of That Employee, and Will Document Having Done So via the Performance Appraisal System

5. Utilizing Blue Team Software, Employees Will Have Access to Their Current Standing Regarding Early Intervention Criteria Thresholds Levels

Employees may view a display of their performance data contained in Blue Team by logging into that system, and may obtain their past EIS Review Report(s)/ Early Intervention Assessment(s) by making a request to the Director of Human Resources via their chain of command.

If an employee believes at any time that Early Intervention data is inaccurate, he or she should immediately notify his or her immediate supervisor or commander. The employee will then provide written notice (e-mail or memo) of his or her request for correction to the Early Intervention Coordinator in Human Resources via the chain of command. Any proposed corrections to the data are subject to review by the Performance Review Committee, the employee’s chain of command and the relevant bureau chief. The Director of Human Resources will make the final decision as to whether to modify early intervention data.

Corrections shall be documented fully in Blue Team so that the Department maintains a reliable audit trail regarding data entry and corrections.

6. After Receipt of the Completed Early Intervention Assessment, the Section Captain or Director Shall Create a Mentoring Plan for the Employee, if Appropriate

If the section captain or director decides an Early Intervention Mentoring Plan is needed, he or she may recommend a specific review period. The review period shall continue until the employee’s chain of command provides the Performance Review Committee and the concerned Bureau Chief with satisfactory written assurances in the form of EIS Status Reports. These shall indicate that the officer or civilian employee has successfully completed the mentoring plan and his or her current performance is consistent with the lawful, professional and ethical standards of the Department. If possible, Early Intervention should be achieved in six months or less.

Any decision not to place the officer in Early Intervention will be documented, justified, and fully articulated in the narrative portion of the Assessment Form, which will then be attached to the Blue Team Alert. The decision not to place an employee on an Early Intervention Mentoring Plan is subject to the approval of the Performance Review Committee and the relevant Assistant Chief.

7. Via the Early Intervention Coordinator, the Captain or Director Will Forward Their Recommendation of Whether to Put the Employee on an Early Intervention Mentoring Plan to the Performance Review Committee

The committee will review completed Assessments and Early Intervention Mentoring Plans to ensure Department-wide uniformity and consistency with SPD goals.

The committee may reject such Assessments and Early Intervention Mentoring Plans if they are inadequate, do not provide for uniformity and consistency in the treatment of similarly-situated officers, or otherwise appear inconsistent with the goals of the Early Intervention System.

8. The Performance Review Committee Will Monitor the Early Intervention System

The committee will comprise of stakeholders within SPD, to include:

* Chief's designee

* Human Resources Director or designee

* Representative from the Patrol Operations Bureau

* Representative from the Audit, Policy & Research Section (APRS)

* Representative from the Education & Training Section (ETS)

* Early Intervention Coordinator

* Department Risk Management (Director of Legal Affairs or designee)

The committee shall meet monthly. The committee’s responsibility is to ensure Department-wide consistency and uniformity in the implementation of the Early Intervention System. The committee is further responsible for determining whether the performance assessments and proposed Early Intervention Mentoring Plans are adequate to address concerns about risk factors, demonstrated indicators of stress, or training opportunities, and to provide the employee with the tools and support necessary to ensure that he or she adheres to Department policy and the lawful, professional and ethical standards of the Department. The committee will be responsible for reviewing and adjusting, where appropriate, the threshold levels of the Early Intervention indicator criteria. New indicator criteria will also be considered when and if appropriate. The committee’s recommendations for adjusting/changing indicator thresholds will be subject to approval from the Chief of Police.

The Early Intervention Coordinator will be responsible for scheduling meetings of the committee.

The Early Intervention Coordinator will be responsible for assisting commands with their use of the applicable Department computer software, including training of supervisors in its use.

9. The Committee Will Forward the Assessment and Early Intervention Mentoring Plan to the Appropriate Bureau Chief for Final Approval

10. The Early Intervention Coordinator Maintains Resources and Supervisor’s Toolkit for the Early Intervention System

11. The Early Intervention Coordinator Monitors Information Related to Certain Precinct-Level Activity

See 3.070-TSK-1 Early Intervention Coordinator’s Role in Creating, Implementing and Completing an Early Intervention Mentoring Plan.

12. Documentation of Early Intervention Threshold Criteria in the Yearly Performance Appraisal Evaluation

Sergeants and first-line supervisors will document Early Intervention threshold indicator activity in the Performance Appraisal System. See Seattle Police Manual Section 2.070-Performance Evaluation. Section Captains and civilian managers shall monitor supervisors’ use of the EIS software in the Performance Appraisal System.

 

3.070-POL-2 Administration of the Early Intervention System for Employees

1. Threshold Levels Initiate an Early Intervention Assessment

When the below criteria thresholds are met, an Early Intervention Assessment will be conducted for the involved employee. These thresholds are subject to revision, given the needs of the Department, after the consideration of the Performance Review Committee and the approval of the Chief of Police. The threshold time periods exist on a rolling basis.

* E.g., if an officer receives four OPA complaints within any period of twelve consecutive months, he or she has met the threshold level.

All sworn employees are assigned to a peer group based upon their assignment to one of the five SPD Bureaus. There are five peer groups:

Peer Group A: Patrol Operations Bureau

Peer Group B: Collaborative Policing Bureau

Peer Group C: Criminal Investigations Bureau

Peer Group D: Homeland Security/Special Operations Bureau

Peer Group E: Professional Standards Bureau

 

Trigger

Threshold Levels Peer Group A

Threshold Levels Peer Group B

Threshold Levels Peer Group C

Threshold Levels Peer Group D

Threshold Levels Peer Group E

 

Chain of Command Recommendations/ Discretionary Assessments

Each is reviewed

Same

Same

Same

Same

Use of Force – Type I

Officers exceeding six incidents within a six-month period

Officers exceeding five incidents within a six-month period

Officers exceeding three incidents within a six-month period

Officers exceeding five incidents within a six-month period

Officers exceeding three incidents within a six-month period

Use of Force – Type II

Officers exceeding four incidents within a six-month period

Officers exceeding three incidents within a six-month period

Officers exceeding two incidents within a six-month period

Officers exceeding three incidents within a six-month period

Officers exceeding two incidents within a six-month period

Use of Force – Type III

Officers exceeding one incident within a six-month period

Same

Same

Same

Same

Vehicle Collisions

Two (2) preventable collisions within six months OR four (4) collisions total within 12 months

Same

Same

Same

Same

Receipt of OPA complaints – Supervisory Action

Four (4) complaints within 12 months

Same

Same

Same

Same

Receipt of OPA complaints – Frontline Investigation

Four (4) complaints within 12 months

Same

Same

Same

Same

Receipt of OPA complaints – OPA investigation

Four (4) complaints within 12 months

Same

Same

Same

Same

Receipt of EEO complaints

Two (2) complaints within 12 months

Same

Same

Same

Same

Named in police action claims/lawsuit

Two (2) within 24 months

Same

Same

Same

Same

 

Additionally, an Early Intervention Assessment will be conducted at the aggregate level when an employee has a total of ten (10) indicators during any six-month window when the employee is not on a mentoring plan.

An employee’s sergeant first-line supervisor shall meet with the involved employee and discuss relevant factors, up to and including an Early Intervention Plan. The chain of command has the ability to include others in this discussion, as deemed necessary.

2. When an Officer or Civilian Employee Under an Early Intervention Mentoring Plan Has Additional Early Intervention Threshold Indicator Activity, That Employee’s Lieutenant or Manager Will Review Any Further Early Intervention Threshold Indicator Activity

If an officer currently the subject of an Early Intervention Mentoring Plan has additional Early Intervention System activity, the employee’s lieutenant will review the new event and submit to the captain, via the status report, a written recommendation regarding whether the original Early Intervention Mentoring Plan should be revised. Additional entries to the Early Intervention Mentoring Plan due to additional triggers are reviewed by the chain-of-command and the Performance Review Committee.

3. First-line Supervisors of Employees Designated for Early Intervention Assessments or Mentoring Plans Shall Coach and Mentor Employees About Issues and Behaviors That Indicate Possible Performance Risks

First-line supervisors shall carry out strategies to correct and modify the behaviors identified by the Early Intervention System. Based on each circumstance, performance mentoring of employees may include, without limitation:

* Regular and consistent conversations with employees about issues and incidents that affect behavior and performance.

* Sergeant ride-alongs with employees

* Sergeant accompaniment of employees on at least four calls/traffic stops/citizen contacts per work week.

* After action debriefs of significant events, arrests or other incidents that are an indicator criteria for the Early Intervention System.

* Review of the employee’s training history and possible referral to the Education and Training Section for additional training and/or assistance.

* Identifying and supporting positive behaviors.

Debrief Exceptions: Designated Type III Use-of-Force incidents, firearms discharges, and any open OPA complaint cannot be discussed in detail, per labor agreements and Department policy. Sergeants may discuss general issues and best practices with the involved officers after that officer has given a statement and has been interviewed by OPA.

3.070-TSK-1 Early Intervention Coordinator’s Role in Creating, Implementing and Completing an Early Intervention Mentoring Plan

The Early Intervention Coordinator:

1. Monitors information related to certain precinct-level activity:

* Uses of force

* Numbers of individual employees who have triggered Early Intervention Assessments

* Frequency of Early Intervention Assessments generated by employees assigned to specific supervisors in order to identify supervisors in need of additional skills and training.

2. Identifies employee who has met the criteria for an Early Intervention Assessment.

3. Verifies that the Early Intervention threshold criteria record for the identified employee is accurate and not the result of a system or human error. If a there is a question about accuracy, the Early Intervention Coordinator will consult with the Human Resources chain of command and the employee’s chain of command, to determine whether or not an Early Intervention Assessment should proceed.

4. Notifies, within three days, the employee’s chain of command, to include section captain or directors, that an Early Intervention Assessment needs to be completed, if the early intervention threshold criteria record is accurate.

5. Provides assistance and acts as a resource to personnel involved in the early intervention process.

6. Receives and reviews the completed Early Intervention Assessment from the section captain or director. Advises the committee of possible inadequacies and issues of non-uniformity.

7. Compiles Early Intervention Assessments from across the Department for the committee.

8. Forwards the completed Early Intervention Mentoring Plan, Assessment and Status Reports received from the section captain or director to the PRC, at least one week prior to the next committee meeting.

Upon being advised by a supervisor that he or she would like to conduct an EIA for an officer or civilian employee who has not met a threshold, the Early Intervention Coordinator shall create an EI Alert and provide it to the supervisor, commander or civilian manager. This initiates the same set of tasks for the employee’s chain of command as an EIA that is triggered by the threshold criteria.

3.070-TSK-2 Sergeant/First-Line Supervisor’s Role in Creating, Implementing and Completing an Early Intervention Assessment/Early Intervention Mentoring Plan

Upon notice that one of the employees under his or her supervision has triggered an Early Intervention Assessment, or upon deciding to conduct a discretionary assessment, the sergeant/first-line supervisor:

1. Obtains documentation relevant to the triggering incident(s).

* Such documentation may include Reports, use-of-force reports, OPA/EEO complaints and collision reports.

2. Reviews documentation relating to the triggering incident. The scope of the review must be thorough enough to identify factual circumstances surrounding the initiation, progression, and conclusion of the triggering incident(s) and to enable the supervisor to identify potential issues.

If a triggering incident has already gone through a separate administrative review (e.g., force review, OPA, collision review), the supervisor should be aware of the outcome of such review and should verify that the employee has followed through with any training recommendations or requirements or is scheduled to do so.

3. Reviews performance information contained in Blue Team and the Performance Appraisal System (“PAS”), looking for repeated issues and/or related trends.

In Blue Team, the sergeant reviews information contained in all indicator criteria areas. See 3.070-POL-2.

In PAS, the sergeant reviews at minimum: (a) the last two performance evaluations, and (b) any documentation relating to performance that has occurred between the last evaluation and the date of the assessment.

When reviewing both Blue Team and PAS, the scope of the review must be thorough enough to identify factual circumstances surrounding the initiation, progression, and conclusion of the incident(s) and to enable the supervisor to identify potential issues.

4. Considers any additional factors that may be relevant to the identified performance issue(s) or that might be impacting an employee’s performance.

Such factors may include an employee’s work history with the Department, secondary employment history, or EIS-related information beyond the triggering incidents (e.g., any prior EI Assessments or prior EI Mentoring Plans).

The review of these factors must be thorough enough to identify factual circumstances surrounding the initiation, progression, and conclusion of those incident(s) an to enable the supervisor to identify potential issues. The supervisor should become aware of the outcome of triggering incidents that have already gone through separate review and consider whether the employee has followed through with any training recommendations or requirements or is scheduled to do so.

In addition, when an officer meets the threshold based on a use-of-force trigger, the sergeant/first-line supervisor will review squad performance data in the Sergeant’s DAP Dashboard to assess whether the employee’s performance compares with the rest of the squad.

5. Promptly notifies the affected employee if he or she has met any performance thresholds and affording the employee an opportunity to identify any errors in the data.

6. Meets with employee and offers the employee an opportunity to discuss the concern.

7. Prior to completing an assessment, accompanies/observes the employee in work-related activity whenever possible.

8. Considers referrals to the Education & Training Section, the Employee Assistance Program (EAP) and/or Critical Incident Stress Management (CISM) Team. These alternatives may be part of the Early Intervention Mentoring Plan but are not substitutes for it.

9. Completes and submits, within 14 days of notice, an Early Intervention Assessment and, if appropriate, proposed Mentoring Plan through the supervisory chain. A proposed Mentoring Plan must identify specific performance issues to be addressed, identify specific methods/trainings that will be utilized to address the identified performance issues, and identify specific time frames for completing assigned tasks or training, and identify the chain of command responsibilities in ensuring the performance issues are addressed and corrected by involved employee, to include completion of bi-weekly status reports. If a training plan is not recommended, the supervisor shall thoroughly document the reasons for such decision.

10. If Early Intervention Mentoring Plan is approved, coaches and mentors the affected employee so as to address the identified concerns and improve performance on a continuing basis, using strategies identified in Section 3.070-POL-2.3

11. Utilizes the status report to document actions/training taken.

12. Modifies, in conjunction with the chain of command, the Early Intervention Mentoring Plan as needed.

13. Submits an Early Intervention Status Report on a twice monthly basis to their supervisory chain for review and concurrence.

14. Upon completion of designated Review Period, documents and recommends on the status report whether or not affected employee has participated in and made progress in the designated training/coaching.

3.070-TSK-3 Lieutenant/Manager’s Role in Creating, Implementing and Completing an Early Intervention Assessment/Early Intervention Mentoring Plan

Upon notice that one of the employees under his or her command triggers an Early Intervention Assessment, or that a sergeant/first-line supervisor has decided to initiate a discretionary assessment, the lieutenant/manager:

1. Reviews the circumstances that triggered the EIA.

2. Ensures that the employee’s sergeant/first-line supervisor is aware of and will be responsible for the EIA.

3. Reviews Early Intervention Assessment and proposed Mentoring Plan developed by sergeant/first-line supervisor for completeness and appropriateness, as described in Section 3.070-TSK-2.

4. Directs corrections, modifications, and/or additions to the Early Intervention Assessment and/or Mentoring Plan when needed.

5. Recommends whether or not employee should be assigned to the Early Intervention Program via the proposed Early Intervention Mentoring Plan.

6. Submits, within three days of receipt from the sergeant/first-line supervisor, the completed Early Intervention Assessment and proposed Mentoring Plan to the section captain/director.

7. Reviews Early Intervention Status Reports for the employee and documents their observations on the EI Alert.

8. Specifies on the Early Intervention Status Report and at the completion of designated Review Period, whether the employee should be removed from Early Intervention Program.

3.070-TSK-4 Section Captain/Director’s Role in Creating, Implementing and Completing an Early Intervention Assessment/Early Intervention Mentoring Plan

Upon notice that one of the employees under his or her command triggers an Early Intervention Assessment, or that a sergeant/first-line supervisor has decided to initiate a discretionary assessment, the captain/director:

1. Reviews the factors and circumstances that led to the EIA.

2. Ensures that the employee’s lieutenant and sergeant/manager and first-line supervisor are aware of and will be responsible for the EIA.

3. Reviews assessments and proposed mentoring plans for completeness, appropriateness and effectiveness with the goal of reducing risk factors and upholding lawful, professional and ethical standards.

4. Determines whether or not a proposed Early Intervention Mentoring Plan appropriate based on completed EIA and if so, establishes a timeframe for implementing Early Intervention Plan timeframe.

5. Forwards, via Blue Team, completed Early Intervention Assessment/ Early Intervention Mentoring Plan within seven days of receipt to the Bureau Chief.

6. Implements and oversees Early Intervention Plan, upon approval by bureau chief.

7. Reviews completed Early Intervention Status Reports forwarded by lieutenant/manager for completeness and appropriateness and documents having done so in the comments field of the EI Alert.

8. Designates, if appropriate, that the affected employee has completed the designated Early Intervention Mentoring Plan review period and should be removed from the Early Intervention Program or; that the Early Intervention Mentoring Plan will be extended for another specified time period.

3.070-TSK-5 Performance Review Committee’s Role in Creating, Implementing and Completing an Early Intervention Assessment/Early Intervention Mentoring Plan

The Performance Review Committee:

1. Reviews certain precinct-level activity:

* Whether executives are holding Captains accountable for managing the risk of police misconduct in their units.

* Whether the Lieutenants/managers or captains/directors or both are adequately holding sergeants/first-line supervisors accountable for their supervision of officers/civilian employees under their command.

* Whether the employee’s immediate supervisor has adequately overseen the employee’s performance in the past and is doing so currently.

2. Reviews each Early Intervention Assessment/ Early Intervention Mentoring Plan/status report against Department policy to ensure consistency across Department.

3. Determines whether Early Intervention Assessment/ Early Intervention Mentoring Plan/status reports meet department’s goals of intervening and offering assistance to employees.

4. Forwards, within seven days of the monthly meeting, Early Intervention Assessment/ Early Intervention Mentoring Plan/status reports with their recommendations to appropriate bureau chief for final approval.

3.070-TSK-6 Bureau Chief’s Role in Creating, Implementing and Completing an Early Intervention Assessment/Early Intervention Mentoring Plan

When one of the employees under his or her supervision triggers an Early Intervention Assessment, either by way of a chain-of-command recommendation or by crossing one or more thresholds, the bureau chief:

1. Reviews initial recommendations for action developed by affected employee’s chain of command and the PRC.

2. Determines whether Early Intervention Assessment/ Early Intervention Mentoring Plan is consistent with SPD policy and the goals of intervening and offering assistance to employees so that they will be able to uphold lawful, professional and ethical standards.

3. Approves, within five days of receipt, the Early Intervention Assessment/ Early Intervention Mentoring Plan, as appropriate.

4. Reviews completed Blue Team and Early Intervention Mentoring Plan Status Reports / Early Intervention Mentoring Plan prepared by subordinates.

5. Forwards completed Early Intervention Assessment/ Early Intervention Mentoring Plan to the PRC, if applicable.

6. Designates final disposition of Early Intervention Mentoring Plan as completed or directs additional actions.

3.080 - Travel Training System

Effective Date: 3/20/2013

3.080-POL

This policy applies to all employees requesting training and travel that requires Department funds.

1. Employees Will Use the Department's Electronic Travel Training System to Request Training and Travel That Require Department Funds

See 3.080-PRO-1 Employee Requesting Training and Travel Funding

Employees may access the system through this link:

Travel Training Request System Application

Employees may access the Travel Training User Guide through this link:

Users Guide

Employees may access the City Travel and Training Policy and Procedures for detailed information about travel and training.

2. Employees Must Submit Requests 30 Days Prior to Travel

3. Employee Requests Through the Travel Training System Are Reviewed Through Their Chain of Command

The chain of command through the rank of Chief Operating Officer will review all requests for employee travel/training requiring Department funds.

4. Employees Will Not Use the Travel Training System to Request Training That Does Not Require Funding

Employees will submit travel/training requests which do not require Department funds through their chain of command, so that captains/directors may authorize training days.

5. The Captains Training Committee Will Review Funding Requests from Sergeants and Officers

The Captains Training Committee, chaired by the Training Captain, will review and approve or disapprove all training requests from sergeants and officers that require Department funds.

Exception: If the requested training costs less than $500 or is funded through a specific source such as a grant, then the Travel/Training System will not route the request through the Captains Training Committee.

6. Employees Returning from Non-Department Training Will Complete an Individual Course Attendance Record (Form 31.0)

3.080-PRO-1 Employee Requesting Training and Travel Funding

Employee (With a Sergeant or Supervisor as a Direct Report)

NOTE: Employees with a Lieutenant/Manager or above as a Direct Report will proceed to step 4.

1. Emails their Sergeant/Supervisor outlining the details, costs and time required for requested travel/training.

Sergeant/Supervisor

2. Approves or denies the request and informs the requesting employee. If approved:

Employee (With a Sergeant or Supervisor as a Direct Report)

3. Enters the name of the approving Sergeant/Supervisor in the Travel Justification/Comments field when completing the Travel/Training Request and Approval Form.

Employee (All)

4. Follows the Users Guide to complete the required fields in the Travel/Training Request and Approval Form.

5. Enters the reason/need for the travel/training in the Travel Justification/General Comments field.

6. Attaches a PDF of the completed registration form for the specific training in the Travel Training System. (Reference 2.2.4 in the Users Guide)

7. Selects the funding source from the drop down menu with the Org or Project Number. (Reference 2.2.8 in the Users Guide)

If an Officer or Sergeant is requesting Department funds, checks the routing box for the Captains Training Committee. See 3.080-POL-5 (Reference 2.7 in the Users Guide)

8. Submits the Travel/Training Request and Approval Form.

Chain of Command

9. Approves or denies the request through the rank of Chief Operating Officer. If approved:

Fiscal Unit

10. Verifies the funding source and registers the employee for the training.

11. Issues a "PT#" to the requesting employee.

Employee (All)

12. Uses the "PT#" to make travel reservations.

13. Sends an Individual Course Attendance Record (form 31.0) to the Education & Training Section at the completion of the training.

14. Completes and submits the Expense Claim Form in the Travel Training System.

15. Sends original receipts to the Fiscal Unit.

3.090 - Employee Recognition Awards Program

Effective Date: 9/1/2003

PURPOSE

The Seattle Police Department Employee Recognition Awards Program will formally recognize and reward exceptional performance and outstanding contributions made by the sworn and non-sworn employees of this Department during each calendar year, and the process will be guided by our Mission, Vision and Core Values.

I. Eligibility

A. All permanent, full time or part time Seattle Police Department employees or temporary employees having at least 3 years with the Department are eligible to participate in the Awards Program.

II. Awards Process

A. Employee Recognition Committee (ERC)

1. An Employee Recognition Committee (ERC) shall be established to oversee the Employee Recognition Awards Program.

2. The Human Resources Bureau will select the ERC members and have lead responsibility for the Committee. The ERC should have representatives from each of the bureaus which may include non-sworn , sworn, management and support staff members of the ERC will serve 3 year terms.

3. The ERC will meet as needed and as determined by the Human Resources Bureau to initiate the nomination process, review nominations, select the award recipients, and coordinate the awards ceremony.

B. Award Categories

1. Medal of Valor

a. Awarded to sworn employees who knowingly perform conspicuous acts of courage under life threatening circumstances so that others might live.

2. Medal of Courage

a. Awarded to non-sworn employees who take action during an emergency with the intent to save a life, help the injured, or assist law enforcement.

3. Outstanding Public Service

a. An individual recognized for going above and beyond the expectations of their position which impacted a problem, issue or event.

4. Excellence

a. Consistently demonstrated exceptional work performance which made positive contributions to the Department.

5. Community Ambassador

a. Cultivated a productive working relationship between community members and the Seattle Police Department.

6. Inspirational

a. Consistently promoted a can-do approach which inspired others to achieve performance excellence.

7. Innovation

a. Developed a creative solution to a long standing problem which embodied the characteristics of courage, risk-taking and/or perseverance.

Note: The ERC may add, delete, or change categories or definitions as necessary.

C. Nomination Process

1. This is an employee generated awards program in which any Department employee may nominate another eligible Department employee or work group based on the seven award categories. A work group may consist of a team, work unit, squad or combination of individuals working together.

2. The ERC will publicize the Awards Program and nomination process and distribute the nomination packets throughout the Department.

3. The nominator must complete the nomination form and return it to the ERC by the specified deadline. In addition, the nomination form should include a detailed description of why the nominee qualifies for the award. The nominator is responsible for identifying two additional references. The nominator must give each reference a Nomination Reference Form to be completed by the reference and submitted to the ERC by the specified deadline.

4. At the conclusion of the nomination period, the ERC will review the nominations and select the award recipients.

D. Selection Process

1. Award nominations will be reviewed by the Nomination and Selection sub-committee of the ERC. The sub-committee will evaluate and select the finalists through a “blind selection process” in which the nominations reviewed will be absent the nominee’s identity. This will provide a consistent, unbiased and credible selection of the award recipients. The recipients will be selected based on the merits of their achievements.

2. The sub-committee will present the finalists to the full ERC who will approve the final selection for each of the categories. The award recipients will be notified, and the selections will be publicized Department-wide.

E. Awards Package

1. The Chief of Police will present the awards package to each award recipient at the annual Employee Recognition Awards ceremony. The awards package may include an engraved memento, gift certificate, paid day off and/or a certificate of appreciation. The ERC will determine the awards package on a yearly basis.

3.170 - Honoring Fallen Officers

Effective Date: 09/01/20

3.170-POL

Every year, well over 100 law enforcement officers are either killed in the line of duty or suffer an on-duty death. Honoring fallen officers is steeped in traditions that include mourning insignia to recognize the unique sacrifices that first responders make for their community.

This policy applies to all department personnel when honoring fallen officers.

See also Section 3.050 – Coordinating Officer Fatalities.

1. Defining Terms Used in this Section

Mourning Band: A solid band of material measuring approximately one-half inch (1/2”) in width. The mourning band is solid black or black with a thin blue line in the middle.

Memorial Ribbon: A looped and crossed blue ribbon or blue and black ribbon.

SPD Mourning Badge: The metal Seattle Police badge that has an enamel black/blue horizontal band across the center of the badge. The officer’s serial number is engraved at the bottom.

SPD Mourning Badge Lapel Pin: The Seattle Police mourning badge lapel pin is a miniature version of the SPD Mourning Badge. It does not have a serial number engraved.

Mourning Insignia: For the purpose of this policy; collectively, the above are referred to as mourning insignia.

2. The Chief of Police Authorizes Mourning Insignia

The Office of the Chief will authorize mourning insignia and uniform of the day for all services. The Audit, Policy and Research Section (APRS) sends an SPDALL email to relay the authorization.

For on-duty deaths, employees display mourning insignia beginning with the Chief’s authorization until the interment or memorial service is complete.

For SPD and SFD line-of-duty deaths, employees may choose to keep mourning insignia affixed for 72 hours after the interment or memorial service is complete.

Generally, personnel will not wear mourning insignia for funerals or memorial services where death did not occur on duty or in the line of duty. However, the Chief of Police may authorize mourning insignia in other circumstances on a case by case basis.

3. The Department Will Recognize On-Duty and Line-of-Duty Deaths of Seattle Police Officers and Seattle Firefighters

To recognize the on-duty or line-of-duty death of a Seattle Police Officer or Seattle Firefighter, sworn personnel may display mourning insignia in the following ways:

- Employees may wear the SPD Mourning Badge, or

- Employees may affix the mourning band to their metal or cloth badge in the following manner:

- The mourning band may not cover the center of the badge so that it does not obscure any number. The mourning band must be worn horizontally above or below the center, even if there is no number on the badge.

- Alterations to the mourning band, such as cutting it to expose the numbers underneath and writing or affixing the officer’s serial number on top of the mourning band, are not acceptable.

Parking Enforcement Officers may wear the mourning band on their badge per the sworn guidelines above.

Non-sworn employees may honor their sworn colleagues by displaying a memorial ribbon or SPD Mourning Badge Lapel Pin.

4. The Department May Recognize Law Enforcement Deaths from other Agencies

At the discretion of the Chief of Police, the Department may recognize on-duty or line-of-duty deaths from other law enforcement agencies.

The Office of the Chief will authorize mourning insignia. The mourning insignia is displayed beginning with the Chief’s authorization until the interment or memorial service is complete.

The Department recognizes that many SPD officers have experience from other departments and law enforcement family members in other locations. If officers have a personal connection to an officer killed in the line of duty, and mourning insignia are not specifically authorized Department-wide by the Chief, they may wear mourning insignia until the interment or memorial service is complete.

5. Flags Play an Important Role in Honoring Fallen Officers

On May 15th of each year all police facility flags will fly at half-staff in recognition of Peace Officers’ Memorial Day.

For the line-of-duty death of a Seattle Police Officer or Firefighter, all flags at police facilities are lowered to half-staff at the time of death and will remain at that position until 72 hours after the interment or memorial service.

When the flag is presented or retired by an honor guard, and the command “present arms” is given, all uniformed officers will render a salute. Plainclothes officers will place their hand over their heart. Officers will maintain the salute until the honor guard gives the command, “order arms”.

Officers in uniform, with a uniform hat, will wear their hat for the presentation of colors and during the salute. They may remove their hat after rendering the salute.

3.290 - Pre-Service/In-Service and Specialized Training

Effective Date: 10/23/2003

POLICY

All employees shall receive necessary training for the completion of their assigned duties. This will include both pre-service and in-service training.

I. Sworn Employees

A. Sworn employees transferred into certain specialized units must receive job-specific training prior to beginning the specialized assignment when practical, or as soon as possible after assignment to a specialized unit.

B. Assignments requiring this pre-service training include but are not limited to:

• DUI Squad

• Motorcycle Squad

• SWAT

• Harbor Unit

• Canine Unit

• Mounted Patrol Unit

• Bicycle Squad

• Arson and Bomb Squad

• Polygraph Unit

C. The Education & Training Section shall administer some specialized training, while other specialized training shall require outside training courses.

D. Unit Captains are responsible for developing on going training for unit members, and shall forward records of training conducted to the Education & Training Section annually.

E. The Department shall provide all sworn personnel annual retraining. The training may include but is not necessarily limited to: firearms and use of force; diversity and ethics training; emergency vehicle operation; defensive tactics; first aid and legal updates.

II. non-sworn Employees

A non-sworn employees hired for or transferred to specialized positions must receive job-specific training prior to beginning the specialized assignment when practical, or as soon as possible after assignment to a specialized unit.

B. Positions requiring specialized pre-service training are:

• Legal Advisors

• Latent Print Examiners

• Data Technicians

• Dispatchers

• Parking Enforcement Officers

• Victim Advocates

• Information Technicians

C. The City of Seattle Training and Development Unit shall administer some specialized training, while other specialized positions shall require outside training courses or college degrees.

D. Unit Managers are responsible for developing on going training for unit members and shall document all training for each unit member including specialized pre-service and in-service training.

E. The following non-sworn positions require documented in service training, which the department will provide:

• Legal Advisors

• Data Technicians

• Dispatchers

3.330 - Workplace Safety

Effective Date: 11/20/2006

Policy

The Seattle Police Department believes in the dignity and importance of all employees and their right to work in a safe and healthful environment. The prevention of occupational injuries and illnesses shall be given a top priority. In addition, the Department shall establish and maintain an Accident Prevention Program that integrates safety and health principles into every job task. The Department Safety Officer shall be responsible for maintaining and updating this program. A copy of the Accident Prevention Program shall be provided to each precinct and all supervisors shall be familiar with its contents

I. Reporting of Unsafe Working Conditions / Practices

A. It shall be the responsibility of each employee to report any internal conditions or practices which represent a safety hazard to them, other employees, or the public. Upon observation of such condition, the employee shall fill out an Employee’s Report of Unsafe Working Conditions/Practices, (form 2.25a) and forward it to the Department Safety Officer.

B. The Safety Officer shall investigate any unsafe conditions reported and forward their findings and recommendations to the reporting person and the concerned Bureau Chiefs.

C. If the unsafe condition or practice represents an immediate safety hazard, the employee shall notify their immediate supervisor. The supervisor shall take action to prevent injury or accidents from occurring because of the condition.

II. Safety and Health Committee

A. The Department’s Safety and Health Committee is established in compliance with WAC 296-800-13020.

B. Committee meetings shall address the following:

1. A review of safety and health inspection reports to assist in correction of identified unsafe conditions or practices,

2. An evaluation of accident investigations conducted since the last meeting to determine if the causes of unsafe acts or unsafe conditions were properly identified and corrected, and

NOTE: This evaluation of accident investigations shall not include investigations of employee vehicle collisions or the discharge of firearms by employees.

3. An evaluation of accident and illness prevention programs with a discussion of recommendations for improvement where indicated.

C. Committee Membership and Election

1. The Safety Committee shall be comprised of six Seattle Police Department employees. Three members may be appointed from management by the Chief of Police, but the number of appointed members shall not exceed the number of elected members.

2. Elected members may be appointed by the collective bargaining units or elected from the membership. Elected committee members shall serve terms not to exceed one year, but may be re-elected without limit.

3. The Human Resources Section shall coordinate the election of the above employee-elected committee members.

D. Procedures

1. A Chair shall be elected by the committee to serve for one year.

2. The frequency, date, and location of committee meetings shall be determined by the committee, but shall not be less than once per quarter.

3. Subject matter discussed and the members present shall be documented and maintained on file for a period of one year. Such documentation shall be maintained by the Employment Services Lieutenant.

4. The Safety Officer shall be responsible for documenting committee meeting attendance and the subjects discussed and shall also serve as an advisor to the committee.

5. Copies of the meeting minutes shall be provided to the Chief of Police, the Department Safety Officer, and posted on employee bulletin boards.

3.335 - Hazard Notification and Training Standards

Effective Date 03/01/18

3.335-POL

This policy applies to all units that use and/or store hazardous chemicals or have other hazards also requiring notification and training per WAC 296-800.

A hazard is an inherent or potential condition which can cause injury, death, occupational disease, or property damage.

1. Units Storing Hazardous Chemicals Shall Maintain an Accurate Inventory Updated Annually

These units are also required to maintain a Material Safety Data Sheet (MSDS) for each chemical, a written plan specific to the unit, and provide ongoing employee training.

The Department Safety Officer determines if other units using industrial strength chemicals are required to meet the same notification and training requirements. These include chemicals that are:

- Combustible/explosive

- Corrosive

- Unstable/reactive

- Oxidizers

- Compressed gases

- Toxic (poisonous)

- Carcinogens

- Irritants

- Sensitizers

2. The Department Will Provide Employees Information and Training on Hazards and Hazardous Chemicals in Their Work Environment

The Department will provide this information and training at the time of initial assignment and whenever a new hazard or hazardous chemical is introduced. Units that conduct specialized training beyond standard department-wide courses will maintain training completion records.

The information and training shall include the following:

- The Department’s responsibilities for hazard communication and training

- The location of the unit's written emergency plan, lists of hazardous chemicals, and MSDS

- An explanation of MSDS, the unit’s chemical labeling system, warning signs, and color codes

- Physical and health hazards of the chemicals in the workplace including the symptoms of over-exposure

- Use of the proper personal protective equipment, safe work practices, and the proper procedures to follow in the event of an emergency

- Operations in the work area where hazards or hazardous chemicals are present

- Methods of detecting/observing the presence or release of a hazardous chemical into the work environment

3. Training May Cover Groups of Chemicals

Units may arrange chemicals in functional groups and train on them as a group. A specific chemical may fall under one or more functional groups.

4. Unit Supervisors are Responsible for Training and Compliance

Unit supervisors are responsible for employee safety and health training and compliance with this manual section.

The Department Safety Officer may assist the unit in developing a plan and training curriculum, choose the proper personal protective equipment, develop engineering controls, and conduct job-task analysis.

3.340 - Employee Involvement Committees and JLMC

Effective Date:8/12/2004

PURPOSE

The City and the Guild have jointly created the Joint Labor Management Committee (JLMC). The JLMC is comprised of representatives from the Seattle Police Department, a representative from the City Labor Relations and a representative from the Guild. The main purpose behind the JLMC is to address workplace issues in a mutually agreeable fashion before they rise to the level of a grievance. The JLMC also is the committee responsible for approving and overseeing Employee Involvement Committees.

I. Employee Involvement Committees

A. These committees are formed with the joint agreement of labor and management to address specific workplace issues. Employees participate in creative problem solving groups to address agency concerns with an emphasis on productivity, efficiency, and customer service.

B. Employee Involvement Committees:

1. EIC are preapproved by the JLMC.

2. When deciding if an EIC should be formed it is important to focus on the desired result. The result should be something that is advantageous to both employees and the Department. The goals would be increased customer satisfaction, improved turnaround or response times, better quality of service or efficiency. Results should be cost neutral.

3. An EIC is made up of employees, supervisors and if appropriate, a manager.

4. EICs include people closest to the problem, who work together cooperatively to reach creative solutions.

5. The EIC may discuss working hours and working conditions.

6. Members of the EIC may receive training in problem solving and group dynamics.

C. If an employee has a proposal for an EIC, certain steps should be followed:

1. The employee can ask other coworkers if they have similar concerns.

2. Submit a proposal, in memo form, to either the Guild or the Chief Operating Officer. Include a copy of the EIC Charter that has been filled out.

3. The JMLC will then determine if the charter is approved.

4. If it is approved it will be sent to a citywide EIC Coordinator. A facilitator will be assigned and training schedule will be established.

5. After training, the EIC participants will start working on resolving the workplace issues that are addressed in the charter.

D. All proposals for alternative shifts must be handled through the EIC process.

II. Employee Involvement Committee Charter

A. EIC Name

B. Department(s)

C. Expected results (“charge”)

D. EIC members and their union affiliations (if any)

E. EIC facilitator (assigned once EIC approved)

F. Executive sponsor(s)

G. Resource/support staff

H. Expected date of intermediate report to Labor- Management Committee *

I. Expected date of final report *

J. Labor-Management Committee(s) approving charter

K. Date(s) of charter approval

* May change during the course of the EIC’s work; changes must be approved by both the EIC and Labor Management Committee(s).

Title 4 - Human Resources

4.000 - Employee Move Tracking System (EMT)

Effective Date: 04-01-15

4.000-POL

This policy applies to all employees transferring assignments, going on leave, rotation status as a probationary student or separating from the Department.

1. Sworn Lieutenants and Authorized Administrative Specialists Will Request Employee Transfers through the EMT

Lieutenants may assign administrative specialists to initiate the EMT requests.

The lieutenant or assigned administrative specialist will document approved transfer requests in the EMT prior to the execution of the transfer.

See: 4.000-PRO-1 Employee Initiating a Transfer Request

2. Employees Must Submit Requests 2 weeks prior to the Scheduled Start Date in the Receiving Unit

Employee transfers will not occur until the EMT request is finalized by Human Resources. 

Exception: Prior approval of the Human Resource command is required for transfers that occur prior to the finalization of the transfer in the EMT.

3. The Employee’s Chain of Command Reviews Employee Transfer Requests

The chain of command through the rank of Assistant Chief will review all requests for employee transfer requests outside of the requesting employee’s current bureau.  The chain of command through the rank of Captain will review all requests for employee transfer requests inside the requesting employee’s current bureau.

4. The Human Resources Section Uses EMT for the Following Requests

4.040-PRO-1 Employee Going on Extended Sick Leave

4.040-PRO-2 Employee Returning from Extended Sick Leave

4.070-PRO-1 Employee Requesting a Limited-Duty Assignment

4.070-PRO-2 Employee Returning From a Limited-Duty Assignment

4.000-PRO-1 Employee Initiating a Transfer Request

Employee

1. Submits a memo to their lieutenant/manager through their chain of command.

Lieutenant/Manager (Either from the employee’s current unit or receiving unit)

2. Directs administrative personnel to work with receiving unit on transfer initiation.

Note: Both the current unit and/or the receiving unit may initiate an EMT request.

Human Resources

3. Approves the transfer after the current unit of assignment’s chain of command approves the transfer and again after the receiving unit’s chain of command approves the transfer.

Receiving Lieutenant/Manager

4. Completes (or directs administrative personnel to complete) the transfer request in the EMT. 

Note: The receiving unit must update watch, shift and court codes.

Human Resources

5. Approves and finalizes the transfer request and notifies all commands involved and the employee by email.

 

4.005 - Police Employee Data System (PEDS)

Effective Date: 4/14/2014

4.005-POL

This policy applies to sworn and non-sworn employees.

1. Employees Information is Updated in PEDS

Employees or their supervisor will update PEDS within two weeks of changing:

  • Callout information
  • Work phone numbers
  • Court code
  • “Acting” status
  • Emergency contact phone number
  • Residential address
  • Computer network/drive/application access
  • Case management queue access

Note: Employees will call the Benefits Unit in Human Resources Section (684-0963) to update PEDS within two weeks of changing their legal name.

See PEDS User Guide

2. Captains, Directors and Managers Manage Employee PEDS Within Their Command

Captains, directors and managers will assign administrative personnel to check the accuracy of employee PEDS information within their command and update as needed.

3. Employees Provide Their Current Residential Address and Personal Phone Number

Employees will maintain a cell phone or telephone landline in their residence. 

Employees will provide their current residential address and telephone number through PEDS.

Employees may use a post office box as their mailing address but will also provide their residential address.

4.010 - Employee Time Off

Effective Date: 07/01/17

4.010-POL

This policy applies to all sworn and non-sworn employees.

1. Employee Time Off is Regulated

Department employees will earn and use time off as prescribed by the Fair Labor Standards Act (FLSA), state law, city ordinance, city personnel rules, collective bargaining agreement and any other lawful agreement.

United States Department of Labor

Collective Bargaining Agreements

City Personnel Site

City Personnel Definitions Page

City Personnel Rules

2. Employees Schedule Time Off With Their Sergeant/Supervisor

Employees will request sergeant/supervisor approval for scheduled and unscheduled time off.

Employees will submit a Leave Request application to request over four consecutive calendar days off.

- Request for over four consecutive calendar days off require the approval of a Section Captain or Non-Sworn Equivalent

Employees will contact their sergeant/supervisor before their scheduled work shift to request an unscheduled absence from duty.

If the request for time off is not approved, the employee will report for work as scheduled.

For SPOG members, all requests for vacation time of 10 days or greater submitted by January 31 of each year will be made in the order of departmental seniority and returned either approved or denied by February 14.  All vacation requests made after January 31 of each year will be honored on a first-come, first-served basis.

3. Sergeants/Supervisors Will Approve Timesheets by Noon on the Wednesday Following the End of Each Pay Period

4. Authorized Employees Record Time Using the Electronic Timesheet

Authorized employees may access the electronic timesheet through the City Employee Self-Service link.

Employees may also access:

Department’s Timesheet Entry Guide

Electronic Timesheet from a Non-City Computer

5. Employees Will Not Request Time Off That Exceeds Their Anticipated Leave Balance at the Time the Leave is to be Taken

Exception: Employees may use unearned holiday leave if the scheduled holiday leave will be earned by the end of the year.

Exception: Employees on a 4-2 or 24 hour work schedule may use unearned furlough leave up to 36 hours if the furlough leave will be earned by the end of the year.

6. Sergeants/Supervisors Will Verify That an Employee's Leave Balances Sufficiently Cover Requested Time Off

7. Employees Use All of Their Furloughs and Holidays by the End of the Year

Employees will use all their furloughs by the end of the last reporting pay period of the year, which is the pay period that is reflected on the last payday in December. Employees may contact the Payroll Supervisor for assistance with determining the appropriate pay period.

Employees will use all their holidays by December 31st.

Employees may email a request for an extension through their chain of command to their Bureau Chief. The Bureau Chief will notify the employee of their decision and send the request and their decision to the Payroll Unit.

The Payroll Unit will adjust employee negative holiday or furlough balances at the end of the year using paid leave (vacation, holiday, comp time) and/or pay adjustments.

Employees will lose paid holidays or furloughs if not used by the listed deadlines.

8. Sergeants/Supervisors May Request Timekeeping Corrections for Their Subordinates

Sergeants/Supervisors may email the Payroll supervisor to request correction of a submitted timesheet.

- Employees have 45 days from the day in question to submit a request.

Exception: Employees on extended absence may request a correction until 45 days after their return to work.

Exception: Beyond 45 days, the employee’s sergeant/supervisor may email a request to their Bureau Chief through their chain of command explaining the need for the exception.

9. Employees Absent Without Leave (AWOL) Are Not Paid for the Time of the Absence

The sergeant/supervisor of an AWOL employee will send a memo outlining the circumstances of the absence to the Human Resources director. The sergeant/supervisor will send a copy of their memo to their Bureau Chief through their chain of command.

10. Employees May Earn Compensatory Overtime (Comp Time) for Use as Time Off from Work

Employee comp time balance limits are specified by their collective bargaining agreement or City Personnel Rules.

Employees may contact the Payroll supervisor to request pay for accumulated comp time.

11. Sergeants/Supervisors May Give Sworn Subordinates Release Time (RT)

Sergeants/supervisors may approve release time for sworn employees due to an unforeseen medical emergency involving an immediate family member. See 4.010-PRO-1 Sworn Employee Release Time

12. Employees May Work Furlough Days (Circle Furloughs) With Approval

Employees may work their furloughs with sergeant/supervisor approval if the employee does not exceed FLSA allowances.

- Employees will contact their supervisor to verify their FLSA status.

- Supervisors may contact the Payroll Unit for further clarification.

Exception: Employees working a 9-80 schedule will not work scheduled furlough days unless on approved overtime.

Employees will take a normal work day off during the same FLSA period they worked their furlough.

Employees may refer to the Timekeeping help sheet or contact the Payroll Supervisor in Human Resources for additional information.

13. A Captain’s Approval is Required for Employees to Work Special Duty

Employees will complete the Special Duty Day Authorization (form 15.8) to request special duty days.

Employees may request special duty days when performing Department business outside of their regular duty including: attending a job-related business meeting, working on an extradition, or testifying in an outside jurisdiction.

14. Police Officers and Sergeants Performing Union Business May Take Guild Days With Approval

SPOG members requesting guild days will complete the Guild Day Authorization and Voucher (form 2.23.1).

The Seattle Police Officers’ Guild president will review and approve/disapprove requests for guild days.

15. The Department May Restrict Time Off Under Applicable Bargaining Agreements

Seattle Police Operations Center (SPOC) personnel will determine staffing needs for events that require police services beyond normal assignment.

These restricted-day-off events include but are not limited to: Fourth of July, Torchlight Parade, Seafair/Hydros and New Year’s Eve.

SPOC will announce personnel assignments for these events in a Special Order.

16. Some Detective Positions are Exempt From Working Restricted-Day-Off Events

These units are exempt:

- Homicide/Assault detectives designated as "next up" and "standby"

- Force Investigation Team (FIT) detectives designated as "standby" by the FIT commander.

- Arson/Bomb Squad detectives

- Traffic Collision Investigation Section detectives designated as “standby”

- Crime Scene Investigation (CSI) unit detectives designated as “standby”

- Undercover officers who do not have secondary work permits

Bureau Chiefs will submit a list of exempt employees under their command to SPOC by January 31st of every year.

Section Captains will notify SPOC of changes to this list as they occur.

17. Employees Request a Personal Exemption from a Restricted Day-Off-Event in the Leave Request Application

Employees will request a personal exemption from a restricted-day-off event with supporting documentation by January 31st.

- Note: Employees requesting a personal exemption for an emergent situation will submit the request when practical.

18. Deputy Chief Level Command Reviews Requests for Personal Exemptions of a Restricted-Day-Off Event

A personal exemption from a restricted-day-off event requires approval at the Deputy Chief level of command. When SPOG members submit requests for exemption by January 31st, the Deputy Chief level of command will approve or reject these requests by February 14th.

Employees with a personal exemption request of a serious or significant nature are given priority.

19. Employees with an Exemption Will Not Work Off-Duty the Day of the Event

4.010-PRO-1 Sworn Employees Release Time

Sworn Employee

1. Informs their sergeant/supervisor of a personal emergency that requires immediate release from work.

Sergeant/Supervisor

2. Assesses the need for release time and approves or denies the employee’s request.

Note: The sergeant/supervisor may inform the employee that their situation qualifies them for release time without the employee making a request.

3. Completes the Release Time Authorization (form 2.27).

Note: Employees are charged sick time if the Leave Request is not received by Payroll in time for payroll processing, or if the request does not meet the requirements for release time.

Note: A Bureau Commander may authorize additional release time.

4. Forwards the completed Release Time Authorization (form 2.27) to Payroll and a copy of the form through the chain of command to the Bureau Chief, also a copy to the Family Medical Leave Coordinator if the request is for over three consecutive days.

Family Medical Leave Coordinator

5. Informs the employee of the Family Medical Leave option.

 

4.015 - Restricted Time Off for a Pre-Planned Event

Effective Date: 9/18/2013

4.015-POL

This policy applies to sworn and non-sworn employees.

1. The Department May Restrict Time Off Under Applicable Bargaining Agreements

Seattle Police Operations Center (SPOC) personnel will determine staffing needs for pre-planned events that require police services beyond normal assignment. 

Pre-planned events include but are not limited to: Fourth of July, Torchlight Parade, Seafair/Hydros and New Year’s Eve.

SPOC will announce personnel assignments for these pre-planned events in a Special Order.

2. Some Detective Positions are Exempt From Pre-Planned Events

The following units are exempt from pre-planned events:

  • Homicide/Assault detectives designated as "next up" and "standby"
  • Force Investigation Team (FIT) detectives designated as "standby" by the FIT commander.
  • Arson/Bomb Squad detectives
  • Traffic Collision Investigation Section detectives designated as “standby”
  • Crime Scene Investigation (CSI) unit detectives designated as “standby”
  • Undercover officers who do not have secondary work permits

Bureau Chiefs will submit a list of exempt employees under their command to SPOC by January 31st of every year.

Section Captains will notify SPOC of changes to this list as they occur.

3. Bureau Chiefs Review Requests for Personal Exemptions

Bureau Chiefs will give priority to employee personal requests of a serious or significant nature.

See 4.015-PRO-1 Requesting a Personal Exemption From a Pre-Planned Event

4. Employees With an Exemption Will Not Work Off-Duty the Day of the Event

4.015-PRO-1-Requesting a Personal Exemption From a Pre-Planned Event

Employee

1. Submits a Request for Authorized Absence (form 2.23) requesting the exemption through their chain of command with supporting documentation by January 31st.

Note: Employees requesting a personal exemption for an emergent situation will submit the request when practical.

Employee’s Chain of Command

2. Approves or denies through Captain/Director.

If approved, forwards the request to the Special Operations Bureau Chief by February 10th.

If denied, informs the employee through the chain of command.

Special Operations Bureau Chief

3. Approves or Denies the request.

If approved, the Bureau Chief forwards the request to the Deputy Chief.

If denied, informs the employee through the chain of command.

4.020 - Reporting and Recording Overtime/Out of Classification Pay

Effective Date: 05/01/2017

4.020-POL-1 – Civilians, Officers, Detectives, Sergeants & Lieutenants

This policy applies to civilians, officers, detectives, sergeants and lieutenants requesting, recording or approving overtime or out-of-classification pay.

1. City Personnel Rules and Collective Bargaining Agreements (CBAs) Determine Overtime and Out-of-Classification Pay

Personnel Rule 3.5 – Out-of-Class Assignments

Personnel Rule 3.6 – Overtime Compensation

Collective Bargaining Agreements

If there are conflicts between this manual section or the City personnel rules and a CBA, the CBA prevails.

Temporary employees and non-represented employees will refer to the City personnel rules for definitions and compensation rates.

2. Employees Require Pre-Approval from a Supervisor to Work Overtime

Only a supervisor shall authorize employees to work beyond their regular shift. 

Exception:  Employees do not need pre-approval from a supervisor to appear in court in response to a subpoena.  (See paragraph 10{a} below.)

Exception:  Employees who are actively participating in a major incident may work beyond their regular shift without authorization until such time as it is feasible to obtain authorization.  The supervisor will grant authorization for the overtime already worked and then will determine whether to authorize additional overtime. 

Individuals may not authorize their own overtime. Employees who work overtime without authorization may be subject to disciplinary action.

3. Employee Work-Hour Maximums

No employee may work more than 90 hours in one week, from 0300 hours on Saturday until 0300 hours the following Saturday. These hours include all hours worked (i.e. regularly scheduled shifts, overtime, court time, paid details, compensatory time, secondary employment). Any shift missed due to illness or injury, suspension or administrative leave shall also be included in the calculation of the total of hours worked for the week.

Exceptions to these limitations on maximum hours worked may be made only in the interest of public safety, court appearances, and mandatory overtime. These exceptions must be pre-approved by a captain or civilian equivalent or higher-ranking individual.

4. Supervisor Responsibilities for Monitoring Overtime Use

It is the responsibility of all supervisors to ensure that staff operates in a manner that minimizes the need for overtime.

Supervisors will ensure that all overtime is authorized in advance and that the work done on overtime is necessary to the mission of the Department, consistent with this policy.

Supervisors shall ensure that overtime requests are completed in accordance with the procedures established in this policy and that the appropriate reason for the overtime is recorded on the documentation.

As feasible, supervisors shall ensure that individuals do not work in excess of the maximum allowable overtime hours as established by paragraph 3 of this policy or the appropriate collective bargaining agreement.

5. Lieutenant/Manager Responsibilities for Monitoring Overtime Use

Lieutenants and managers shall review the overtime of their respective sections and ensure that overtime use complies with the policies and mission of the Department. This includes the review of overtime reports by unit, reason for the overtime, and individuals’ amount of overtime worked for a period of time.

6. Employees Are Compensated for Authorized Overtime Worked

7. Employees On Sick Leave, Military Leave, Disciplinary Suspension, or Limited Duty Will Not Work Department Overtime

8. Employees Will Not Use Discretionary Time Off to Work Department Overtime

Exception: SPOG members will follow their current CBA where it conflicts with this policy.

9. A Bureau Chief Approves Altering Regular Shift Hours to Work Department Overtime

The employee’s bureau chief, through the chain of command, will approve/deny the employee’s request to alter their shift to work a Department overtime event.

10. Employees Report Overtime Worked On the Appropriate Form

Employees will submit requests for overtime to their sergeant/supervisor using the appropriate form:

- Overtime Request – Regular Duty/Out-of-Class (form 1.33A) for overtime worked in a situation not covered below.

- Court Overtime Request (form 1.33B) for court   appearances. 

- Event Overtime Summary (form 15.6) for pre-planned events, major incidents and extra-duty events.

Absent exigent circumstances, employees are required to submit requests for overtime during the pay period in which the hours were worked.

Employees who appear in court on overtime will obtain the bailiff’s or prosecutor’s signature on the Overtime Request – Court (form 1.33B.)

Exception:  Employees participating in a telephonic hearing will attach their subpoena to the Overtime Request.

See 5.190-Court Appearances and Legal Proceedings

11. Sergeants/Supervisors Enter Overtime Within the Pay Period it is Earned

a. Overtime Request Forms

Upon approving an overtime request, the employee’s direct sergeant/supervisor will enter the overtime onto the employee’s electronic timesheet and check the “entered electronically” box on the form. The sergeant/supervisor will then submit the form to the chain of command.

When employees work an overtime detail for another unit to which they are not regularly assigned, that unit’s commander may allow the overtime to be entered directly onto the employees’ timesheet.  In this case, the commander must communicate this to the employees’ direct sergeant/supervisor.  The overtime request will still require approval through the chain of command of where the overtime was actually worked.

b. Event Overtime Summary Forms

Sergeants/supervisors will record a combination of employee regular work time and overtime on the Event Overtime Summary.

Sergeants/supervisors will send the completed Event Overtime Summary to:

- SPOC for special events (exception: Traffic Unit and Parking enforcement)

- Payroll Unit for all other events

Because timesheets will already have been processed, sergeants/supervisors will not enter overtime on the electronic timesheet for overtime earned in a previous pay period. Sergeant’s/supervisors will submit forms that include overtime worked in a previous pay period to the Payroll Unit via the chain of command.  The Payroll Unit will handle the timesheet entry.

12. Sworn Employees May Request Overtime for Taking Law Enforcement Action Off-Duty

See 5.120-Secondary Employment

13. Overtime is Paid as Wages or Compensatory Time Off (Comp Time)

Maximum comp time accrual is established in collective bargaining agreements.

14. Off-Duty Standby Pay is Authorized by a Captain

Employees must get approval from a captain to work off-duty standby.

15. Employees Are Compensated When Working Out-of-Classification

Employees may refer to Personnel Rule 3.5 – Out-of-Class Assignments and their Collective Bargaining Agreements for definitions and application for working out-of-classification.

Sworn employees will receive out-of-classification pay when assigned to perform all of the duties of a higher paying classification for any amount of time.

16. An Out-of-Classification Assignment Requires Approval from a Precinct/Section Captain, Director or Manager

Captains, directors and managers, or their designees, will screen and approve personnel for out-of- classification assignments.

Non-sworn employees will get approval from Human Resources prior to an out-of-classification assignment.

Captains or their designees will send an email to the Payroll supervisor listing sworn employees working out-of-classification assignments to set up out-of-classification codes on the electronic timesheet.

17. Officers Assigned as Acting Sergeants Receive Training

Captains will send officers to Department sergeant training for acting sergeant assignments over 60 consecutive days.

Captains will send officers to Department sergeant training prior to, or within 90 days of the start of the acting sergeant assignment lasting over 60 days.

18. Captains Retain Copies of Signed Overtime Forms for all Section and Precinct Personnel

19. Captains are Responsible to Ensure that Supervisors Approve Their Direct Reports’ Timesheets

4.020-POL-2 – Captains

1. Captains Shall Log Overtime Worked on Their Timesheets for Later Use as Flex Time

4.030 - Jury Duty

Effective Date: 9/18/2013

4.030-POL

This policy applies to all Department employees summoned to jury duty.

1. Employees Serving Jury Duty Notify the Department

See 4.030-PRO-1-Employee Serving Jury Duty

Employees May Refer to City Personnel Rule 3.10 - Jury Duty or Testimony as Witness: Compensation- For Definitions and Application

2. The Employee or Their Chain of Command May Request the Employee’s Release from Jury Duty

Employees or their supervisor may request release from jury duty due to workload, operational need, special event or other reasonable justification. See 4.030-PRO-2 Requesting Release from Jury Duty

Employees will follow the procedures of the summoning court for requesting release from jury duty.

3. Sergeants/Supervisors Place Employees Serving Jury Duty on a 5-2 Work Schedule

4. Employees Serving Jury Duty are Excused from Their Routine Duties

5. Employees Serving Jury Duty Follow the Reporting Instructions of the Court

6. Employees Released by the Court for All or Part of a Day While Serving Jury Duty Report to Their Supervisor

Exception: If the employee is impaneled on a jury, and released for a day or part of a day, then they do not report to their supervisor.

7. Employees Completing Their Jury Duty and Released by the Court Report to Their Regular Work Assignment

8. Employees May Keep Court-Provided Compensation for the Cost of Transportation

Employees will submit to Fiscal the total amount of money received from the court for jury duty, minus the amount that is designated as a transportation allowance. See: City Personnel Rule 3.10.3 - Section D

4.030-PRO-1 Employee Serving Jury Duty

Employee

1. Provides their sergeant/supervisor a copy of the jury summons.

Sergeant/Supervisor

2. Emails the jury summons to the Payroll Unit and to the employee’s Section Captain or Director and their chain of command.

3. Marks the employee “JA” for jury duty on the timesheet.

Employee

4. Reports to sergeant/supervisor when released by the court.  See 4.030-POL-7

4.030-PRO-2 Requesting Release from Jury Duty

Employee

1. Informs their sergeant/supervisor they are requesting release from jury duty.

2. Provides their sergeant/supervisor a copy of the jury summons.

Sergeant/Supervisor

3. Emails the jury summons to the Payroll Unit and to the employee’s Captain/Director/Manager and their chain of command.

Captain/Director/Manager

4. Notifies the employee and the sergeant/supervisor if the request is approved or denied.

If approved, provides a letter on Department letterhead requesting the release of the employee from jury duty.

Employee

5. Follows the court’s instructions requesting release from jury duty.

4.040 - Sick Leave

Effective Date: 5/4/2016

4.040-POL

This policy applies to all employees using or recording sick leave.

1. Department Employees Keep Medical Information Confidential

Employee medical information is treated as confidential under City personnel rules, policies and applicable law.

Completed employee Medical Absence Reports (form 2.11) are confidential personnel records.

2. Employee Use of Sick Leave is Regulated by City Personnel Rules and Collective Bargaining Agreements

Employee sick leave includes paid and unpaid time taken for qualified reasons as defined by City Personnel Rules:

Personnel Rule 7.1, Family and Medical Leave

Personnel Rule 7.2, Pregnancy Disability Leave

Personnel Rule 7.3, Leave of Absence

Personnel Rule 7.4, Sabbatical Leave

Personnel Rule 7.7, Sick Leave and Sick Leave Transfer

3. Employees May Use Sick Leave for an Eligible Family Member

Eligible family member is defined by SMC 4.24.005.

Employees may establish the relationship of spouse or domestic partner by an Affidavit of Marriage/Domestic Partnership as required by SMC 4.30.020.

Employees will file a Statement of Termination of Marriage/Domestic Partnership with the Human Resources Section within 31 days of a divorce or termination.

Employees may file a subsequent Affidavit of Marriage/Domestic Partnership for domestic partnerships after 90 days has elapsed from the termination of the prior partnership.

4. The City of Seattle Follows the Sick and Safe Leave Law

Employees may access additional information from the City's Sick and Safe Website.

5. Employees Will Not Use Sick Leave Under Specific Conditions

Employees will not use sick leave when they are:

  • Suspended
  • On leave without pay
  • Laid off
  • On any other non-pay status
  • Injured or disabled while working for an employer other than the City of Seattle
  • On a regular furlough day, holiday or time outside their regular work schedule.

Exception: Employees may use sick leave if they become ill or injured while on a scheduled trip and provide the Payroll Unit with documentation from a doctor.

6. Employees Will Not Work Secondary Employment While Using Sick Leave

Exception: The Chief of Police may grant exceptions on a case-by-case basis.

7. Employees Contact a Sergeant/Supervisor When Taking Sick Leave

Employees will contact a sergeant/supervisor before the start of their regularly assigned shift on the first day of using sick leave.

8. Employee Sick Leave is Recorded on the Electronic Time Sheet and the Medical Absence Report (form 2.11)

Sergeants/supervisors will record their employees’ sick leave on the electronic time sheet and complete a Medical Absence Report (form 2.11). (The sergeant/supervisor maintains the responsibility to record their employee’s sick leave when the employee goes on extended sick leave.)

Employees returning to work after using sick leave will verify the information on the Medical Absence Report (form 2.11) and sign it. 

Sergeants/supervisors will sign the completed, FINAL Medical Absence Report (form 2.11) and submit it to Payroll.

9. Employees Will Use Earned Sick Leave for a Medical Absence

Sergeants/supervisors/employees will not substitute discretionary leave for requested sick leave if an employee has an insufficient sick leave balance.

  • Employees may be subject to disciplinary action for being absent from work without sufficient leave.

If the employee does not have sufficient sick time to cover their absence, sergeants/supervisors/employees will mark the timesheet “WS” for time not covered by the employee’s sick leave balance.

10. Employees on Sick Leave for Over Two Weeks Are Placed on a 5-2 Schedule

Sergeants/supervisors will notify the Employment Services Lieutenant and their chain of command if an employee is expected out on sick leave for over two weeks.  The sergeant/supervisor will place the employee on a 5-2 schedule.

See: 4.040-PRO-1 Employee Going on Extended Sick Leave & 4.040-PRO-2 Employee Returning from Extended Sick Leave

11. Employees Require Permission to Leave Their Place of Recovery

Employees on sick leave wishing to leave their place of recovery will contact the Employment Services Lieutenant for approval.

The employee will provide the Employment Services Lieutenant with certification from their health care provider stating the employee cannot work but their recovery from the illness/injury is not impeded by the employee leaving their place of recovery.

Exceptions: Medical appointments, sudden unexpected personal emergencies, attendance at religious services, and voting do not require prior approval.

12. Employees Complete a Washington State Insurer Activity Prescription Form (APF) When Required

Sworn LEOFF II employees and non-sworn employees will send the Employment Services Lieutenant a completed APF signed by their sergeant/supervisor and their health care professional when returning to work after taking over four consecutive days of sick leave, including Family and Medical Leave.

Sworn LEOFF I employees will send the Employment Services Lieutenant a completed APF signed by their sergeant/supervisor and their health care provider if they take over five consecutive days of sick leave.

The APF will certify the employee could not work due to illness and/or injury during the requested sick leave and that the employee is cleared to resume duty without restrictions on the date they return to work.

13. LEOFF II Sworn Employees and Non-Sworn Employees May Use Disability Benefits

See 4.060-Long Term Disability Benefits

14. A Bureau Chief May Refer an Employee for Psychological Fitness for Duty Evaluation

A Bureau Chief may contact the Human Resources Director to request an employee psychological fitness for duty evaluation.  The Bureau Chief will provide documentation of the behavior affecting an employee’s ability to perform their duty.

15. Sworn Employees Surrender Their Department Issued Firearm While Using Sick Leave for Mental-Health Illness

Sworn employees will surrender their Department-issued firearms to their immediate supervisor when using sick leave for a mental health illness.

The Employment Services Lieutenant will take possession of the firearm(s) from the immediate supervisor.

Sworn employees will not take police action while using sick leave for mental health illness.

16. The Employment Services Lieutenant Investigates Sick Leave Abuse

The Employment Services Lieutenant will report sick leave abuse cases to the Human Resources Director.  The Human Resources Director will notify the employee's Bureau Chief.

17. The Human Resources Director May Place an Employee on the Mandatory Reporting Program for Sick Leave Abuse

Employees using sick leave while on the mandatory reporting program will provide an Insurer Activity Prescription Form (APF) signed by a health care provider before returning to work.

4.040-PRO-1 Employee Going on Extended Sick Leave

Employee

1. Notifies Sergeant/Supervisor of sick leave exceeding two weeks.

Sergeant/Supervisor

2. Emails the Employment Services Lieutenant and their chain of command of employee sick leave exceeding two weeks.

Employment Services Lieutenant

3. Updates PEDS.

4. Creates EMT entry.

Sustainment

5. Updates Versonnel.

6. Closes EMT and PEDS Request.

Sergeant/Supervisor

7. Continues to record employee’s sick leave on the electronic timesheet throughout the extended leave.

4.040-PRO-2 Employee Returning from Extended Sick Leave

Employee

1. Obtains a Washington State Insurer Activity Prescription Form (APF) signed by a health care professional releasing them to duty without restrictions including the date released to full duty.

  • The APF must be signed by the employee and the sergeant/supervisor before the employee returns to their regular assignment.

2. Submits the signed APF to their regular sergeant/supervisor.

Sergeant/Supervisor

3. Emails or Faxes an image of the signed APF to the Employment Services Lieutenant.

4. Sends through interoffice mail the original signed hard copy APF to the Employment Services Lieutenant.

Employment Services Lieutenant

5. Updates PEDS.

6. Creates a transfer request in EMT.

Sustainment

7. Closes PEDS request.

8. Updates Versonnel.

9. Closes EMT request.

4.050 - On-Duty Illness or Injury

Effective Date: 9/18/2013

4.050-POL

This policy applies to all employees who report or investigate a work-related illness or injury.

1. Employees Report a Work-Related Illness or Injury to a Sergeant/Supervisor

Sergeants/supervisors will investigate reported or observed job-related illness or injury to an employee under their command.

See 4.050-PRO-1 Reporting and Investigating Job-Related Illness or Injury

For additional information: City Workers’ Compensation Link

Sergeants/supervisors may refer to the Supervisor’s Resource Guide for additional information.

2. Sergeants/Supervisors Complete Electronic Timesheets for Employees Off Work Due to On-Duty Injury/Illness

Sergeants/supervisors will record the employee earning regular pay for the remainder of the day that they were injured. 

Sergeants/supervisors will mark the timesheet “WD” for time the employee is absent from work due to their on-duty injury/illness. 

If timeloss is not approved by workers comp the WD hours will be converted to sick hours using the employees available time balances.

3. Eligible Employees May Buy Back Retirement Service Credit for Absences Resulting From On-Duty Illness/Injury

Employees may buy back service credit after they return to regular paid status or separate from employment.

LEOFF II members may contact DRS (Department of Retirement Systems) at 360-464-7000 or toll free at 1-800-547-6657; pressing “0” to speak with a live representative.  Sworn employees may view the Department of Retirement Systems policy from this link:  http://www.drs.wa.gov/

Civilian employees may contact SCRS (Seattle City Employees’ Retirement System) at 206-386-1293.  Non-sworn employees may view the Seattle City Employees’ Retirement System policy from this link:  www.seattle.gov/retirement/

4.050-PRO-1 Reporting and Investigating Job-Related Illness or Injury

Employee

1. Requests a sergeant/supervisor respond to the injured/ill employee’s location.

Sergeant/Supervisor

2. Investigates the circumstances surrounding the injury or illness.

3. Completes an Investigating Supervisor's Report of Employee's Industrial Injury (form 2.22)

a. Sends the original to the Employment Services lieutenant.

b. Provides the employee with a copy.

4. If the employee requires time off work, completes a Medical Absence Report (form 2.11).

5. If medical treatment is required for a LEOFF 2 or civilian employee, completes a Self Insurer Accident Report (SIF-2).

  • Ensures the “employee” portion of the SIF-2 is completed by the injured employee.

6. Gives the employee a copy of the SIF-2

7. Gives the LEOFF 2 or civilian employee an electronic or paper copy of, “A Guide to Workers' Compensation Benefits” and, “Help for Injured Workers of Self-Insured Businesses.

8. Provides a Washington State Insurer Activity Prescription Form (APF) to the employee.

Note:  A health care provider must complete this form when an employee is treated for a duty-related illness or injury.

9. Makes a copy of the completed SIF-2 for unit records.

10. Delivers the completed SIF-2 form and the APF, if available, to the Employment Services Lieutenant within 24 hours of the incident.

4.060 - Long Term Disability Benefits

Effective Date: 9/18/2013

4.060-POL

This policy applies to sworn LEOFF II and non-sworn employees claiming long term disability benefits.

1. Sworn LEOFF II and Regularly-Appointed Non-Sworn Employees May Claim Long Term Disability Benefits

Sworn LEOFF II employees will contact the Seattle Police Officers’ Guild (SPOG) to coordinate long term disability benefits.

Non-sworn employees will contact the Family and Medical Leave Coordinator in the Human Resources Section to coordinate long term disability benefits.

2. The Human Resources Section Assists Employees Seeking Long Term Disability Benefits

All employees will contact the Payroll Unit in the Human Resources Section for assistance in completing the long term disability benefits employer’s statement.

See 4.060-PRO-1 Completing an Employer’s Statement for Employees Seeking Long-Term Disability Benefits

3. Employees Coordinate Leave Status With the Department

Employees receiving long term disability benefits will use their sick leave balances or authorized leave. See 4.100-Family and Medical Leave

Employees may contact the Family and Medical Leave Coordinator in the Human Resources Section for assistance in reviewing leave options.

4.060-PRO-1 Completing an Employer’s Statement for Employees Seeking Long-Term Disability Benefits

Employee

1. Submits a written request or email to the Payroll supervisor for a completed employer’s statement.

Payroll Unit

2. Completes the employer’s statement.

a. For sworn LEOFF II, sends the employer’s statement to the long term disability insurance provider.

b. For non-sworn personnel, sends the employer’s statement to the City Personnel Benefits Unit.

3. Sends a copy of the completed employer’s statement to the requesting employee.

4.070 - Limited Duty Assignments

Effective Date: 4/14/2014

4.070-POL

This policy applies to all employees seeking a limited-duty assignment because of a diagnosis by a health care professional of a physical or mental disability that temporarily prevents them from performing their regularly-assigned duties.

1. Employees May Work Up to 16 Weeks on a Limited-Duty Assignment

Exception: The Human Resources Director may extend the limited-duty assignment beyond 16 weeks if the employee is not fit to return to their regular duty assignment.

Exception: The 16 week limit does not apply to pregnant employees.

2. Employees on a Limited-Duty Assignment Shall Not Work for a Secondary Employer

3. The Employment Services Lieutenant Establishes Reporting Requirements for the Limited-Duty Employee

4. Employees Require Approval From the Employment Services Lieutenant or the Human Resources Director to Return to Work in a Limited-Duty Capacity

Sergeants/supervisors will not allow an employee to work in a limited-duty capacity without the required approval regardless of the duration of the limited-duty.

4.070-PRO-1 Employee Requesting a Limited-Duty Assignment

Employee

1. Emails a request for a limited-duty assignment to the Employment Services Lieutenant and their Captain/Director/Manager (via chain of command) to include:

  • Job-related limitations
  • Expected duration of their need for a limited-duty assignment

2. Sends a completed Washington State Insurer Activity Prescription Form (APF) from their healthcare professional to the Employment Services Lieutenant.

Employment Services Lieutenant

3. Determines whether to approve the request and, if approved, finds a limited-duty assignment for the employee.

4. Creates the employees limited-duty assignment in EMT.

5. Updates the employee’s limited-duty assignment in PEDS.

6. Emails a notification to the employee, the employee’s chain of command, and the limited-duty chain of command of the limited-duty assignment.

Employee

7. Reports to their limited-duty assignment sergeant/supervisor.

Sustainment

8. Receives updated EMT entry and updates Versonnel.

9. Closes PEDS and EMT request.

4.070-PRO-2 Employee Returning From a Limited-Duty Assignment

Employee

1. Upon completion of their limited-duty assignment, obtains an APF signed by a healthcare professional releasing them to duty without restrictions.

  • The APF must include the date released to full duty.
  • The APF must be signed by the employee and their sergeant/supervisor before the employee returns to their regular assignment.

2. Submits the signed APF to their regular sergeant/supervisor.

Sergeant/Supervisor

3. Emails or Faxes an image of the signed APF to the Employment Services Lieutenant.

4. Sends through interoffice mail the original signed hard copy APF to the Employment Services Lieutenant.

Employment Services Lieutenant

5. Updates PEDS.

6. Creates a transfer request in EMT.

Sustainment

7. Receives updated EMT entry and updates Versonnel.

8. Closes PEDS and EMT request.

4.080 - Pregnancy

Effective Date: 3/19/2014

4.080-POL

This policy applies to pregnant employees.

1. Pregnant Employees May Request a Limited Duty Assignment-See 4.070-Limited Duty

The pregnant employee will notify her supervisor and the Employment Services Lieutenant when the employee or a health care provider believes her condition prevents her from safely performing all the duties of her regular position or assignment.

2. Pregnant Employees May Request Family and Medical Leave-See 4.100-Family and Medical Leave

Employees may take family and medical leave for pregnancy, prenatal care, or to care for a newborn child.

Employees may request both pregnancy disability leave and family and medical leave.

Employees may review leave options with the Family and Medical Leave Coordinator.

3. Pregnant Employees May Claim Long Term Disability Benefits

See 4.060-Long Term Disability Benefits

4. Pregnant Employees May Request Pregnancy Disability Leave as Described in City Personnel Rule 7.2 – Pregnancy Disability Leave

Pregnant employees will use all accrued sick leave and then may take an unpaid pregnancy disability leave of absence for a disability related to pregnancy or childbirth.

  • Employees may request both pregnancy disability leave and family and medical leave.

See 4.080-PRO-1 Requesting Pregnancy Disability Leave

5. Eligible Employees May Buy Back Retirement Service Credit for Unpaid Leave of Absence

Employees may buy back service credit after they return to regular paid status or separate from employment.

LEOFF II members may contact DRS (Department of Retirement Systems) at 360-464-7000 or toll free at 1-800-547-6657; pressing “0” to speak with a live representative.  Sworn employees may view the Department of Retirement Systems policy from this link:  http://www.drs.wa.gov/

Civilian employees may contact SCRS (Seattle City Employees’ Retirement System) at 206-386-1293.  Non-sworn employees may view the Seattle City Employees’ Retirement System policy from this link:  www.seattle.gov/retirement/

6. The Department Follows the City Policy on Breastfeeding

Also see: SMC 4.34.055(G) Use and Scheduling of Vacations

4.080-PRO-1 Requesting Pregnancy Disability Leave

Employee

1. Completes an Employee Request for Leave of Absence (form 2.9) and a Washington State Insurer Activity Prescription Form (APF).

  • A health care provider must state the medical necessity for pregnancy disability leave on the APF and estimate the duration of the leave.

2. Submits completed forms to the Family and Medical Leave Coordinator.

Family and Medical Leave Coordinator

3. Reviews completed forms and follows up with the employee.

4. Forwards the request to the Human Resources Director.

Human Resources Director

5. Informs the employee in writing of the Department’s decision regarding the request.

Employee

6. If the disability leave is extended, then submits a new Employee Request for Leave of Absence (Form 2.9) and a Washington State Insurer Activity Prescription Form (APF) per steps 1 and 2 of this procedure.

7. Obtains a health-care provider signed APF releasing the employee to full duty without restrictions.

8. Reports for duty per the release date on the APF, obtains sergeant/supervisor signature on APF, and forwards APF to Employment Services Lieutenant.

4.090 - Leave of Absence Without Pay

Effective Date: 9/18/2013

4.090-POL

This policy applies to employees requesting a leave of absence without pay.

1. Employees May Request an Unpaid Leave of Absence for Personal or Medical Reasons

Employees may refer to City Personnel Rule 7.3-Leave of Absence for definitions and application.

Employees may request an unpaid "Leave of absence for medical reasons" for up to 12 months while recovering from their own personal illness or injury.

  • Employees must use their unpaid Family and Medical Leave entitlement before applying for an unpaid leave of absence for medical reasons.

Employees may request an unpaid "Leave of Absence for Personal Reasons" for up to 12 months for reasons other than recovering from their own illness or injury or after they exhaust their FMLA entitlement.

See 4.090-PRO-1 Employee Requesting Personal Leave of Absence and 4.090-PRO-2 Employee Requesting Medical Leave of Absence

2. Eligible Employees May Buy Back Retirement Service Credit for Unpaid Medical Leave of Absence

LEOFF II members may contact DRS (Department of Retirement Systems) at 360-464-7000 or toll free at 1-800-547-6657; pressing “0” to speak with a live representative.  Sworn employees may view the Department of Retirement Systems policy from this link:  http://www.drs.wa.gov/

Civilian employees may contact SCRS (Seattle City Employees’ Retirement System) at 206-386-1293.  Non-Sworn employees may view the Seattle City Employees’ Retirement System policy from this link:  www.seattle.gov/retirement/

4.090-PRO-1 Employee Requesting Personal Leave of Absence

Employee

1. Submits Employee Request for Leave of Absence (form 2.9) to sergeant/supervisor.

Sergeant/Supervisor

2. Sends the completed form through the chain of command to the Human Resources Director.

Human Resources Director

3. Informs the employee if the leave is approved or denied.

4.090-PRO-2 Employee Requesting Medical Leave of Absence

Employee

1. Submits the Employee Request for Leave of Absence (form 2.9) and an Insurer Activity Prescription Form (APF) to the Family and Medical Leave coordinator in the Human Resources Section.

Human Resources Director

2. Informs the employee if the leave is approved or denied.

4.100 - Family and Medical Leave

Effective Date: 9/18/2013

4.100-POL

This policy applies to employees seeking Family and Medical Leave.

1. The Department Complies With the Federal Family and Medical Leave Act

Employees may view the city Family and Medical Leave policy from this link: Personnel Rule 7.1 – Family and Medical Leave

See additional resources:

Your Rights Under City Family and Medical Leave

Seattle Municipal Code Chapter 4.26 Family and Medical Leave

Federal Family and Medical Leave Act

Employee Rights and Responsibilities Under the Family and Medical Leave Act

State Family Leave Act

2. Employees May Use Family and Medical Leave for One or a Combination of Reasons

Qualifying Conditions:

  • Non-medical care of a newborn child of the employee or of the employee’s spouse/domestic partner
  • Placement of a child with the employee or his or her spouse/domestic partner for adoption or foster care
  • Care of the employee’s spouse/domestic partner, or a child or parent of the employee or his or her spouse/domestic partner who has a serious health condition
  • Employee’s own serious health condition that makes the employee unable to perform the functions of his or her regular assignment.

A qualifying military exigency for the spouse/domestic partner, son, daughter or parent of the employee as defined in the federal Family and Medical Leave Act including:

  • Short notice deployment
  • Military events and related activities
  • Childcare and school activities
  • Care of military member’s parent
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation
  • Post-deployment activities
  • Any other event that the employee and Department agree is a qualifying exigency.

Also see: Fact Sheet #28M (c): Qualifying Exigency Leave under the Family and Medical Leave Act

  • Care of a spouse/domestic partner, parent, son, daughter, or next of kin who is a covered service member and has a serious illness or injury under the terms and circumstances that such leave would be available under the federal Family and Medical Leave Act.

Also see: Fact Sheet #28M(a): Military Caregiver Leave for a Current Service member under the Family and Medical Leave Act

  • Care of a spouse/domestic partner, parent, son, daughter, or next of kin who is a covered veteran and has a serious illness or injury under the terms and circumstances that such leave would be available under the federal Family and Medical Leave Act.

Also see: Fact Sheet #28M(b): Military Caregiver Leave for a Veteran under the Family and Medical Leave Act

3. Employees May Use Paid and/or Unpaid Time for Family and Medical Leave

4. Employees Notify the Department When Family and Medical Leave is Needed

Employees will notify the Family and Medical Leave Coordinator in the Human Resources Section 30 days before the leave is needed. 

If 30 days notice is not possible, the employee will contact the Family and Medical Leave Coordinator in Human Resources Section for instruction.

See 4.100-PRO-1 Requesting Family and Medical Leave

5. Family and Medical Leave Electronic Timesheets Coding will be Used for the Specific Dates of Approval of Family and Medical Leave by Human Resources

Sergeants/supervisors/employees will use these family and medical leave codes for family and medical leave time.

“92” for employee sick leave use

“93” for family sick leave use

“94” for vacation use

“95” for floating holiday use

“96” for executive leave use

“98” for comp time use

“FM” for unpaid family and medical leave use

6. Eligible Employees May Buy Back Retirement Service Credit for Unpaid Medical Leave of Absence

Employees may buy back service credit after they return to regular paid status or separate from employment.

LEOFF II members may contact DRS (Department of Retirement Systems) at 360-464-7000 or toll free at 1-800-547-6657; pressing “0” to speak with a live representative.  Sworn employees may view the Department of Retirement Systems policy from this link:  http://www.drs.wa.gov/

Non-Sworn employees may contact SCRS (Seattle City Employees’ Retirement System) at 206-386-1293.  Non-Sworn employees may view the Seattle City Employees’ Retirement System policy from this link:  www.seattle.gov/retirement/

 

4.100-PRO-1-Requesting Family and Medical Leave

Employee

1. Sends a completed Employee Request for Family and Medical Leave (form 2.10), and certification directly to the Family and Medical Leave Coordinator in the Human Resources Section.

Certification of Health Care Provider for Employee’s Serious Health Condition

Certification of Health Care Provider for Family Member’s Serious Health Condition

Certification of Qualifying Exigency For Military Family Leave

Certification for Serious Injury or Illness of Covered Service member for Military Caregiver Leave

Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

Family and Medical Leave Coordinator

2. Assists the employee with obtaining the required forms.

3. Reviews the completed forms and updates the employee.

4. Forwards the request to the Human Resources Director.

Human Resources Director

5. Informs the employee in writing of the Department’s decision regarding the request.

4.110 - Sick Leave Donation

Effective Date: 9/18/2013

4.110-POL

This policy applies to employees who want to donate sick leave or receive donated sick leave.

1. Employees May Donate Sick leave and Receive Donated Sick leave as Described in City Personnel Rule 7.7 – Sick Leave and Sick Leave Transfer

Employees may receive up to 560 hours of donated sick leave for each incident.

2. Eligible Employees May Receive Donated Sick Leave

Employees will use donated sick time only for their own illness or injury.

An employee is eligible to receive donated sick leave when they:

See 4.110-PRO-1 Requesting Donation for Sick leave

3. Eligible Employees May Donate Sick Leave

Employees may donate sick leave if:

  • They can donate a minimum of eight hours, and
  • They will maintain a minimum sick leave balance of 240 hours after the donation.

An employee separating from the Department may donate sick leave if:

  • They will maintain a minimum sick leave balance of 240 hours after the donation, and
  • The donated time does not exceed the actual time the employee could use before separation.

Eligible employees may send a completed Application to Donate Sick Leave (form 20.6) to the Human Resources Section, Payroll Supervisor.

4. Excess Donated Sick Leave is Returned to the Donor

The Payroll Unit will coordinate the return of unused donated sick leave to the donor.

4.110-PRO-1 Requesting Donation for Sick Leave

Employee

1. Completes an Application to Receive Sick Leave (form 20.5) and a Washington State Insurer Activity Prescription Form (APF).

2. Sends the completed forms to the Human Resource Section Payroll Supervisor.

Payroll Supervisor

3. Reviews and submits the request to the Human Resources Director.

Human Resources Director

4. Certifies the donated sick leave request and then notifies the employee’s sergeant/supervisor.

5. If requested by the employee, posts a request for donated sick leave in the Notices. 

4.120 - Domestic Violence, Sexual Assault, and Stalking Leave

Effective Date: 9/18/2013

4.120-POL

This policy applies to employees who must take leave due to domestic violence, sexual assault or stalking.

1. Employees May Take Leave Due to Domestic Violence, Sexual Assault and Stalking

Employees may refer to Personnel Rule 7.11 - Domestic Violence, Sexual Assault, and Stalking Leave

Employees may contact the Employment Services Lieutenant for assistance in obtaining leave.

4.130 - Military Leave

Effective Date: 01/01/2017

4.130-POL

This policy applies to employees fulfilling a military obligation.

1. Employees May Refer to City Personnel Rule 7.9—Military Leave and RCW 38.40.060 For Definitions and Application

Employees serving in the National Guard or military reserve of the United States are granted paid military leave of absence for up to 21 work days each federal fiscal year (October 1st through September 30th) to report for required military duty.

Employees may take unpaid military leave or paid discretionary time if their military service goes beyond 21 work days.

See 4.130-PRO-1 Requesting Military Leave

2. A Bureau Chief Approves Employee Military Leave That Exceeds 21 Work Days in a Federal Fiscal Year

Employees requesting unpaid military leave will submit a “Leave Request”.

The employee will complete the Department request before the publication of their military orders.

4.130-PRO-1 Requesting Military Leave

Employee

1a. Completes a “Leave Request” for up to 21 days of paid military leave.

- For unpaid leave beyond 21 days of paid leave proceeds to 1b.

1b. Completes an Employee Request for Leave of Absence (form 2.9) for unpaid military leave.

2. Attaches a copy of military orders or written verification of assigned drill days.

3. Submits a Leave Request or Employee Request for Leave of Absence (form 2.9) to the Bureau Chief through their chain of command.

4. Emails a copy of the request to the Human Resources Director.

5. Contacts the Benefits Supervisor in Human Resources regarding possible military wage supplement pay.

Benefits Supervisor

6. Notifies the employee in writing of the Department’s decision regarding the unpaid military leave request.

7. Updates PEDS if the military leave lasts over two weeks.

Employee

8. Notifies the Benefits Supervisor when unpaid military leave over two weeks is ending.

Employment Services Lieutenant

9. Authorizes the employee to return to duty when the employee’s military leave ends.

10. Temporarily assigns the employee returning from extended absence to the Education and Training Section.

11. Directs Benefits Supervisor to update PEDS when the military leave ends.

4.140 - Military Spouse/Domestic Partner Leave

Effective Date: 9/18/2013

4.140-POL

This policy applies to employees with a military spouse or state registered domestic partner.

1. Employees With a Military Spouse or State Registered Domestic Partner Deployed or Called Up to Active Duty May Use the Military Family Leave Act

Also see:

Washington State Military Family Leave Act -RCW 49.77

Employees with a spouse or state registered domestic partner who is a U.S. military member may take up to 15 days of unpaid leave each deployment when the military member is deployed or called up to active duty.  

Employees may elect to substitute any accrued leave for any part of the unpaid leave.

Employees may split the 15 days of unpaid leave between the time prior to the deployment and then during the deployment. 

Employees will not exceed 15 days per deployment.

4.140-PRO-1 Requesting Leave Under the Military Family Leave Act

Employee

1a. If requesting paid leave using accumulated time, completes a Request for Authorized Absence (form 2.23).

And/or

1b.If requesting 15 days of unpaid military family leave, completes an Employee Request for Leave of Absence (form 2.9).

and

1c. Completes the Certification of Military Exigency form.

If applicable, writes the registration number for Washington state registered domestic partnership on the form.

2. Attaches a copy of military orders.

3. Submits Request for Authorized Absence (form 2.23) or the Employee Request for Leave of Absence (form 2.9) to their Bureau Chief through their chain of command.

4. Sends a copy to the Benefits Supervisor

Benefits Supervisor

5. Notifies the employee in writing of the Department’s decision regarding paid and unpaid leave.

6. Updates PEDS if the military leave lasts over two weeks.

7. Updates PEDS when the military family leave ends.

4.150 - Bereavement Leave

Effective Date: 08/01/21

This policy applies to all department employees requesting bereavement leave.

The intention of this policy is to implement Personnel Rule 7.8.

For part-time employees, leave amounts outlined in the policy are pro-rated.

4.150-POL

1. Definitions

For the purposes of this policy, these terms have the meanings reflected in Personnel Rule 7.8.

- Bereavement leave: Time off without loss of pay or reduction of any accrued paid leave in the event of the death of a close relative.

Possible uses of bereavement leave include, but are not limited to, attending a funeral or memorial service, tending to the family member’s estate, or grieving the loss of the family member.

- Close relative: The employee's spouse/domestic partner, or the child, parent, sibling, grandparent or grandchild of the employee or the employee's spouse/domestic partner, or legal guardian, ward or any person over whom the employee or employee’s spouse/domestic partner has legal custody.

- Relative other than a close relative: The following relatives of the employee or the employee’s spouse/domestic partner: cousin, parent’s sibling, parent’s sibling’s child, spouse or domestic partner of a sibling, child, or grandchild.

2. The Department Grants up to 40 Hours of Bereavement Leave for a Close Relative

The department will grant up to 40 hours of bereavement leave in the event of the death of a close relative.

- For sworn employees, bereavement leave also covers the death of a relative other than a close relative.

Employees will notify the need to use bereavement leave as soon as practicable if the need is foreseeable.

Employees may take bereavement leave intermittently.

3. The Department May Approve Sick Leave for Bereavement of a Relative Other Than a Close Relative

The department may approve the use of up to 40 hours of sick leave for non-sworn employees in the event of the death of a relative other than a close relative.

4. Employees May Request the Use of Additional Time

The department may approve, for any employee, additional time off for bereavement charged to vacation, personal holidays, compensatory time off, or executive and merit leave. The employee may also request unpaid leave.

5. Employees Must Use Leave Under This Policy Within One Year

Bereavement leave or sick leave used for bereavement purposes must be used within one year of the death of the employee’s qualifying family member. After such time, the ability to use leave in this manner is forfeited.

6. Employees Will Submit a Request and Provide Reasonable Documentation

Employees will submit a bereavement leave request (form 2.91) to request leave under this policy.

A supervisor may complete and submit the form on behalf of the employee.

Supervisors may require employees to provide reasonable documentation to substantiate the need for bereavement leave.

Sections will archive requests submitted by their personnel.

Title 5 - Employee Conduct

5.001 - Standards and Duties

Effective Date: 05/01/21

5.001-POL

This policy provides the philosophy for employee conduct and professionalism. It is not the Department's intent to interfere with or constrain the freedoms, privacy, and liberties of employees; discipline will only be imposed where there is a connection between the conduct and the duties, rank, assignment, or responsibilities of the employee.

The Department expects all employees to treat all people with dignity; remember that community care-taking is at times the focus, not always command and control; and that the guiding principle is to treat everyone with respect and courtesy, guarding against employing an officious or overbearing attitude and refraining from language, demeanor, and actions that may cause the individual feeling belittled, ridiculed, or intimidated.

This section applies to all Department employees. The content is not all-inclusive. Employees must also comply with conduct expectations in other manual sections pertaining to them.

1. The Chief of Police Determines Employee Duty Status

The Chief of Police has final authority through the Charter of the City of Seattle to determine the on-duty status of any employee, and whether their actions are within the course and scope of their duties.

Completion of overtime or other Department forms by an employee does not establish the employee's duty status.

2. Employees Must Adhere to Laws, City Policy and Department Policy

Employees adhere to:

- Federal laws

- State laws

- Laws of the City of Seattle

- City of Seattle policies

- The Seattle Police Manual

- Published Directives and Special Orders

- Applicable collective bargaining agreements and relevant labor laws

3. Employees Use Training to Assist in Following Policy

Department training is intended to provide guidance on how to implement and follow policy.

Not following training, in itself, is not a policy violation.

Regardless of the result, an employee may need to explain, and possibly document, a substantial deviation from training

4. Employees Must Attend All Mandatory Training

Employees will attend mandatory training and follow the current curriculum during their duties.

Employees who have missed any mandatory training because of excused absences, such as a sick day or court appearance, will arrange through their immediate supervisor to complete that training within a reasonable time frame.

Employees on approved limited duty who cannot participate in a mandatory training program will request a waiver using SPD Memorandum (form 1.11), and an Insurer Activity Prescription Form (APF) through their chain of command.

Also See: 1.075-Failure to complete Required Training

5. Employees Complete Work in a Timely Manner

Absent exigent circumstances or supervisory approval, employees will complete all required duties and official reports before going off duty.

6. Employees May Use Discretion

Employees are authorized and expected to use discretion in a reasonable manner consistent with the mission of the Department and duties of their office and assignment.

Discretion is proportional to the severity of the crime or public safety issue being addressed.

7. Employees Engaged in Department-Related Activities Identify Themselves When Requested

Employees will provide their name and Department serial number verbally, or in writing if requested.

Employees may use a Department-issued business card that contains their name and serial number to satisfy the request for the information.

Employees will also show their department identification card and badge (sworn) when specifically requested to do so.

Exception: Employees are not required to immediately identify themselves if:

- An investigation is jeopardized

- A police function is hindered

- There is a safety consideration

8. On-Duty Officers in Civilian Attire Identify Themselves When Contacting Citizens

Officers will accomplish this verbally and/or by displaying their badge or Department-issued identification.

Exception: Employees are not required to immediately identify themselves if:

- An investigation is jeopardized

- A police function is hindered

- There is a safety consideration

9. Uniformed Employees Will Not Initiate Contact With Officers Dressed In Civilian Clothing

When any uniformed employee meets an officer dressed in civilian attire, that uniformed employee will not openly recognize the plain-clothes officer unless greeted first.

10. Employees Will Strive to be Professional

Regardless of duty status, employees may not engage in behavior that undermines public trust in the Department, the officer, or other officers. Employees will avoid unnecessary escalation of events even if those events do not end in reportable uses of force.

Any time employees represent the Department or identify themselves as police officers or Department employees, they will not use profanity directed as an insult or any language that is derogatory, contemptuous, or disrespectful toward any person.

Employees on duty or in uniform will not publicly ridicule:

- The Department or its policies

- Other Department employees

- Other law enforcement agencies

- The criminal justice system or police profession

This applies where such expression is defamatory, obscene, undermines the effectiveness of the Department, interferes with the maintenance of discipline, or is made with reckless disregard for truth.

11. Employees Will Be Truthful and Complete in All Communication

Exception: Employees may use deception for a specific and lawful purpose in certain circumstances, when:

- There is an exigent threat to life safety or public safety

- It is necessary due to the nature of the employee's assignment

- There is a need to acquire information for a criminal investigation

12. Employees Must Promptly Report Exonerating Information

Employees must report any information they discover that may exonerate a person who is under investigation or has been charged with or convicted of a crime.

13. Employees Will Not Use Their Position or Authority for Personal Gain

14. Retaliation is prohibited

No employee will retaliate against any person who:

- Exercises a constitutional right

- Records an incident

- Makes a public disclosure request

- Publicly criticizes an SPD employee or the Department

- Initiates litigation

- Opposes any practice reasonably believed to be unlawful or in violation of Department policy

- Files a complaint or provides testimony or information related to a complaint of misconduct

- Provides testimony or information for any other administrative criminal or civil proceeding involving the Department or an officer

- Communicates intent to engage in the above-described activities

- Otherwise engages in lawful behavior

Retaliation includes discouragement, intimidation, coercion, or adverse action against any person. This prohibition will include any interference with the conduct of an administrative, civil, or criminal investigation.

Such retaliation may be a criminal act, may give rise to personal civil liability, or constitute independent grounds for discipline, up to and including termination.

15. Employees Obey any Lawful Order Issued by a Superior Officer

Failure to obey lawful orders from a superior officer constitutes insubordination.  Orders may be issued directly, relayed through a subordinate employee or current Department training, published in notices, and other forms of communication.

16. Supervisors Clarify Conflicts in Orders

Should any orders conflict with a previous order, or published regulation, employees may respectfully bring this to the supervisor's attention.

The supervisor who issued the conflicting order will try to correct the conflict in orders.

17. Employees May Object to Orders Under Certain Conditions

An employee may object to a supervisor's orders under these conditions:

- When such orders represent unjustified, substantial and/or reckless disregard for life or safety

- When such orders are illegal or unethical

- When the supervisor has been relieved of duty by an employee of higher rank

- When other circumstances are present that establish the supervisor's inability to discharge the duties of the assignment

Employees in this situation will, if practical, state the basis for objecting to the order to the supervisor.

If the situation remains unresolved, the employee will immediately contact the next higher ranking supervisor in the chain of command.

18. Employees Must Avoid Conflicts of Interest

Employees will not associate with persons or organizations where such association reasonably gives the appearance of conflict of interest.

Employees will not engage in enforcement, investigative, or administrative functions that create or give the appearance of conflicts of interest.

Employees will not investigate events where they are involved.  This also applies where any person with whom the employee has a personal relationship is involved in the event.

Except in cases of emergency, officers will not arrest family members, business associates, or social acquaintances.

Employees will not show preference by recommending or suggesting the employment of any attorney, bondsman, or other business during the course of, or because of, their official business as employees of the Department.

See also SMC 4.16-City Code of Ethics and 5.120 – Off-Duty Employment.

19. Employees Must Disclose Conflicts

Employees will immediately disclose to the Chief of Police, via their supervisor, any activities or relationships that may present an actual, potential, or apparent conflict of interest for themselves or other Department employees.

20. Employees Will Not Use a Department Mailing Address for Personal Reasons

This provision includes using a Department address for a driver license, vehicle registration, telephone service, etc.

21. Employees Will Not Imply to Another Agency the Department's Approval or Disapproval of That Agency's Actions

22.Employees Will Not Use Their Position to Inappropriately Influence Court Proceedings

Department employees are regularly called as witnesses to testify in court pursuant to their official duties. Outside of these official appearances, employees will not use their positions to make any recommendations or otherwise influence the disposition of any court proceedings.

Exception: Employees may address the court on behalf of a crime victim during sentencing, if requested. However, employees who intend to address the court in this capacity will first consult with the prosecuting attorney’s office to review the employees’ intended remarks.

23. Employees Notify the Department Before Initiating any Claim for Damages Related to Their Official Position

Employees must report their intention to initiate a claim for damages sustained while working in a law enforcement capacity or by virtue of employment with the Department.  This notification is to the Chief of Police via the employee's chain of command.

24. Officers Report any Off-Duty Assault on Themselves Related to Department Employment

If an employee is assaulted while working off-duty in a law enforcement capacity, that employee must report the assault. The employee must then notify the Department before seeking a No Contact or Restraining Order related to the assault.  This notification is to the Chief of Police via the employee's chain of command.

25. Employees Report Their Intent to Initiate Lawsuits or Seek Court Orders

Employees must report to the Chief of Police their intention to sue for damages sustained while working in a law enforcement capacity or by virtue of employment with the Department.

Sworn employees will notify their supervisor prior to applying for a No Contact or Restraining Order stemming from an assault on the employee that occurred while the employee was working in a law enforcement capacity.

26. Employees Follow the Americans With Disabilities Act (ADA) in the Performance of their Job

Employees interacting with persons with disabilities will take steps to provide needed accommodations to provide police services or achieve a law enforcement goal.

See: Commonly asked questions about the Americans with Disabilities Act and Law Enforcement, ADA.gov, City of Seattle ADA.

5.002 - Responsibilities of Employees Concerning Alleged Policy Violations

Effective Date: 07/15/18

5.002-POL

This policy applies to the reporting of alleged policy violations identified by the public, employees of the Department, or others and related investigations by the Department and OPA.

The purpose of this policy and the related procedures is to provide a prompt, just, and open disposition of allegations of policy violation regarding the conduct of employees.

1. The Department Will Accept Allegations of Policy Violations from Any Source and by Any Means

2. Employees Will Assist Any Person Who Wishes to File a Complaint

In addition to obligations that may arise under other parts of this manual (e.g., See 5.140-Bias-Free Policing-6, 7) employees will assist the complainant by taking the complaint and passing it on to a supervisor or OPA (see also 6 below.)

If the complainant requests information on where and how to file the allegation, the employee will provide it. However, the employee is still responsible for passing the complaint on to a supervisor or OPA.

If the employee is unable to take the complaint (e.g., the allegation is made during a demonstration while the employee is on a line, etc.), while not interfering or compromising public safety interests, the employee will provide specific information to the complainant on where and how to file the allegation.

3. Employees Shall Not Discourage, Interfere With, Hinder, or Obstruct Any Person from Filing a Complaint or Conducting or Cooperating with an Investigation of an Allegation of a Policy Violation

4. Retaliation Is Prohibited

No employee will retaliate against any person who:

- Exercises a constitutional right

- Records an incident, including videotaping and photographing

- Makes a public disclosure request

- Publicly criticizes an SPD employee or the Department

- Initiates litigation

- Opposes any practice reasonably believed to be unlawful or in a violation of Department policy

- Files a complaint or provides testimony or information related to an allegation of policy violations, including but not limited to complaints made OPA, Human Resources, or the EEO Investigator

- Provides testimony or information for any other administrative criminal or civil proceeding involving the Department or a Department employee

-Files a whistle-blower claim pursuant to Seattle Municipal Code

- Communicates an intent to engage in the above-described activities

- Otherwise engages in lawful behavior

Retaliation includes discouragement, intimidation, coercion, or undertaking any adverse action against any person because the person engaged in any of the activity set forth above. This prohibition specifically includes interference with any administrative, civil, or criminal investigation.

Retaliation may constitute independent grounds for discipline, up to and including termination.

5. Supervisors Will Investigate or Refer Allegations of Policy Violations Depending on the Severity of the Violation

a. All allegations of serious policy violations will be referred to OPA for investigation.

The following are serious policy violations that must be referred to OPA:

- Unnecessary, unreasonable, or disproportionate use of force

- Biased policing, including use of language that is derogatory based on an individual’s sex, race, ethnicity, religion, homeless status, or other protected class.

- Exception: Supervisors will not report an allegation of biased policing directly to OPA in those circumstances where a Bias Review Blue Team Entry is appropriate under 5.140-POL-6 and 5.140-POL-7.

- See 5.140-Bias-Free Policing, sections 6 & 7.

- Any other violation of SPD policy that may violate a suspect/person's constitutional rights to freedom of speech, to the free exercise of religion, to peaceably assemble, to due process of law, and to be secure against unreasonable search and seizure

- Violations of law enforcement authority

- Failure to use ICV when required

- Failure to report serious policy violations to OPA

- Violations of any policy that are intentional or reckless

- Serious neglect of duty

- Insubordination

- Potential criminal violations of law

- Failure to fully cooperate in an internal investigation

- Dishonesty

- Misuse of authority, conflicts of interest, or improper use of position for personal gain

- Repeated minor policy violations

b. If the severity of the violation is unclear, the lieutenant or civilian equivalent will consult OPA.

The level of seriousness of an alleged policy violation is sometimes contingent upon the specific facts of an incident. The Department recognizes that even some minor violations may raise concerns of public trust and warrant a referral to OPA. Employees should consider the totality of the circumstances when determining the level of seriousness of an alleged policy violation, apply common sense, and consult with an OPA lieutenant or above if uncertain.

c. Minor policy violations (allegations of policy violations that do not rise to the level of “serious”) must still be investigated by the chain of command.

Supervisors who witness, have reason to believe, or receive an allegation of a minor policy violation are expected to address the violation as they deem appropriate.

Supervisors also have the discretion to refer allegations of even minor policy violations to OPA for investigation where they deem it appropriate.

Allegations of minor policy violations may include administrative, procedural, or technical violations of SPD policies that are unrelated to:

(1) The use of force,

(2) Exercise of law enforcement authority, and/or

(3) The list of serious offenses outlined above or issues involving similarly serious potential violations.

Example of allegations of minor policy violations include, but are not limited to:

- Force reporting timeline violations

- Exception: Willful violations of the force reporting timelines must be considered serious violations of policy and referred to OPA

- Failure to perform a system checks on ICV/BWV equipment that causes no failure to record officer actions

- Failure to seatbelt subjects who are being transported by an officer in a seatbelt equipped Department vehicle or during performing official duties where the detainee is not injured as the result of not being secured.

- Failure to identify tactical issues or document deficiencies in the use of force packet

- Failure to turn off the vehicle’s AM/FM radio when the ICV is engaged

- Engaging in law enforcement related secondary employment without a valid secondary work permit on file with the Department

- Minor Rudeness (absent bias)

- Traffic and parking infractions

- Profanity not directed as an insult

- Employee tardiness

- Uniform, equipment, and personal appearance

- Failure to attend and/or complete required training (including mandatory e-Learning modules on Cornerstone) for which the employee is registered, unless the failure is:

- Unjustified and/or

- The employee fails to provide reasonable advance notice he or she will not attend a scheduled training

 (Supervisors may contact the Cornerstone lieutenant in ETS to research an employee’s previous instances of missed training.)

- Failure of a supervisor to register employees for training, except when that failure results in the employees missing the opportunity to attend training

6. Employees Will Report Alleged Violations

Employees will report any alleged minor policy violation to a supervisor.

Employees will report any alleged serious violations to a supervisor or directly to OPA.

For sworn employees this reporting requirement also applies to allegations of uses of force not yet reported.

Employees who witness or learn of a violation of public trust or an allegation of a violation of public trust will take action to prevent aggravation of the incident or loss of evidence that could prove or disprove the allegation.

Any employee who observes another employee engaged in dangerous or criminal conduct or abuse will take reasonable action to intervene.

7. Employees Will Avoid Conflicts of Interest Regarding Allegations of Policy Violation

Employees’ duty to avoid and disclose actual, potential, or apparent conflicts of interest (See 5.001-Standards and Duties) extends to the allegation process.

If a supervisor is the subject of an allegation of policy violation, the employee receiving the allegation will refer the allegation to the next highest level employee in the supervisor’s chain of command.

If the subject of the allegation of policy violation is assigned to OPA, the employee receiving the report will forward the allegation to the OPA Director.

If the subject of the allegation of policy violation is the OPA Director, the allegation will be forwarded to the City Human Resources Director.

8. Employees Will Report Certain Events

Employees will report to their supervisor, in writing, as soon as practical (and before the start of their next work shift) any of these circumstances in any jurisdiction:

- They are the subject, or they believe they may be the subject of a criminal investigation, criminal traffic citation, arrest, or conviction

- They are the respondent of an order of protection, restraining order, no contact order, anti-harassment order

- Their Washington driver license is expired, suspended, revoked, or restricted, for example, with an ignition interlock driver license

9. The OPA Manual Sets Forth OPA Procedures

10. OPA May Choose to Investigate Any Alleged Policy Violation

If a supervisor is informed that OPA is taking over an investigation, the supervisor will cease their investigation.

11. Employees Will Cooperate with Department Internal Investigations

Employees will truthfully answer all questions, render complete, comprehensive statements, and promptly provide all available material related to investigations of alleged policy violations. The statements will include all material facts and circumstances surrounding the subject matter of the investigation, which are known by the employee. Omissions of material facts known by the employee will be a failure to cooperate in an internal investigation.

12. OPA Maintains a Record of all Allegations Referred

All allegations of policy violations and any files related to these allegations will be secured within OPA offices for a period of time consistent with the Department’s record retention policies.

5.002-TSK-1 Employee Reporting of Serious Policy Violations

When any employee is referring an allegation of serious policy violations to OPA, the employee:

1. Provides all of the following information to OPA, if possible:

- The nature, date and place of occurrence of the alleged incident

- Name of employee involved or their serial number and other description

- Name, address, and telephone number of the complainant, aggrieved party, and all known witnesses

- A detailed summary of the allegation

- Information about perishable and other known evidence, including video recordings

- Whether the investigation presents any actual, potential, or apparent conflicts of interest

2. Assembles any supporting documentation.

3. Documents the allegation on a Complaint Blue Team entry and forwards the entry to OPA via the chain of command.

Exception: If the employee named in the allegation is assigned to OPA, the allegation is sent directly to the OPA Director.

Exception: If the allegation involves the chain of command and the employee does not want it to be viewed by the chain of command, the employee may forward it directly to an OPA lieutenant.

Exception: If the allegation is an EEO complaint, the employee will refer to 5.040-PRO-1.

5.003 - Front Line Investigations

Effective Date: 05/10/2017

5.003-POL

1. Supervisors Will Investigate and Document Allegations of Minor Policy Violations

Supervisors will fully investigate and take corrective action, within their authority, when they witness or receive allegations of an employee’s minor policy violations. (See 5.002- Responsibilities of Employees Concerning Alleged Policy Violations, 5.c.)

Exception: If the supervisor is informed that OPA is taking over the investigation, the supervisor will cease their investigation as described in 5.003-PRO-1 Supervisor Reporting Allegations of Minor Policy Violations.

When reporting allegations of minor policy violations supervisors/ sergeants are expected to complete the investigation and forward to the lieutenant within two (2) calendar weeks.

Lieutenants are expected to complete the review of the investigation and forward to the captain within one calendar week.

Captains are expected to complete the review of the investigation and forward within one calendar week.

In exceptional cases, when workload or scheduling issues will preclude timely review, each reviewer may request an extension from his or her supervisor.

If a report is delayed beyond this time limit, the reason for the delay will be documented.

Supervisors/Sergeants will screen the incident with a lieutenant to confirm the violation meets the criteria for minor misconduct. Lieutenants will screen with OPA if in doubt regarding its appropriate categorization.

 

2. A Supervisor May Relieve a Subordinate Employee of Duty

If immediate relief from duty is necessary to protect the Department, the employee, or the public, a supervisor may relieve a subordinate employee from duty and place the employee on Administrative Leave for up to 24 hours (excluding weekends and holidays).

The supervisor will screen the incident with a higher-ranking employee prior to informing the employee they are relieved from duty. 

- A permanent lieutenant or higher will screen incidents involving sworn employees and notify their bureau chief through the chain of command and call the bureau chiefs office the next day. The HR Director and Employee Services Lieutenant are informed of any relief from duty immediately.

Supervisors will notify a higher-ranking employee within their chain of command, or the Duty Captain, before going off duty where immediate investigative action by the OPA may be necessary. If warranted, the higher ranking employee will notify OPA immediately.  After hours, the Communications Section will follow its callout procedure for OPA.

The higher-ranking employee will consider having the Peer Support personnel contact the employee if appropriate.

5.003-PRO-1 Supervisor Reporting Allegations of Minor Policy Violations

First observed or first reported allegation of a minor policy violation

Supervisor

1. Reviews the allegations and investigates to determine if a Frontline investigation is appropriate.

2. Screens the incident with a lieutenant/civilian manager.

3. Counsels the employee as to any tactical or behavioral concerns raised by the complaint.

4. Takes remedial steps to correct the tactics or behavior if necessary.

5. Documents the allegation/violation, any remedial actions taken, and outcome in PAS.

6a. Internal Allegation: If the alleged violation is observed by the supervisor or a Department employee, documents the completed investigation in a Frontline Blue Team entry and forwards it to the chain of command.

6b. External Allegation: If the allegation is made by a person outside of the Department, documents the completed investigation in a Frontline Blue Team entry and forwards it to OPA, via the chain of command.

7. When possible, notifies the complainant that the investigation is completed.

Second observed or second reported allegation of a similar minor policy violation.

Supervisor

1. Reviews the allegations and investigates to determine if a Frontline investigation is appropriate.

2. Screens the incident with a lieutenant/civilian manager.

3. Counsels the employee as to any tactical or behavioral concerns raised by the complaint.

4. Takes remedial steps to correct the tactics or behavior if necessary.

5. Documents the allegation/violation, any remedial actions taken, and outcome in PAS.

6. Notifies the Employment Services Lieutenant of the PAS entry via email.

7. Documents the completed investigation in a Frontline Blue Team entry and forwards it to OPA, via the chain of command.

Lieutenant/Captain/Civilian Manager

8. Reviews the complaint and provides a recommendation in Frontline Blue Team.

-A second violation will typically result in an oral reprimand.

OPA

9. Reviews the incident and the chain of command’s recommendation.

10. Determines whether to take over the investigation, and advises the chain of command of their decision via Blue Team.

Lieutenant/Captain/Civilian Manager

11. If OPA will not be taking over the investigation, issues a reprimand as appropriate using the Frontline Reprimand Form (25.4).

12. Documents the reprimand in a Frontline Blue Team entry.

Supervisor

13. Documents the resolution in PAS.

14. If a reprimand is issued, notifies the Employment Services Lieutenant of the PAS entry via email.

15. When possible, notifies the complainant that the investigation is completed.

Employment Services Lieutenant

16. Notifies the employee’s union of the reprimand.

Third observed or third reported allegation of a similar minor policy violation.

Supervisor

1. Reviews the allegations and investigates to determine if a Frontline investigation is appropriate.

2. Screens the incident with a lieutenant/civilian manager.

3. Counsels the employee as to any tactical or behavioral concerns raised by the complaint.

4. Takes remedial steps to correct the tactics or behavior if necessary.

5. Documents the allegation/violation, any remedial actions taken, and outcome in PAS.

6. Documents the completed investigation in a Frontline Blue Team entry and forwards it to OPA, via the chain of command.

Lieutenant/Captain/Civilian Manager

7. Reviews the complaint and provides a recommendation in Frontline Blue Team.

-A third violation will typically result in a written reprimand.

OPA

8. Reviews the incident and the chain of command’s recommendation.

9. Determines whether to take over the investigation, and advises the chain of command of their decision via Blue Team.

Lieutenant/Captain/Civilian Manager

10. If OPA will not be taking over the investigation, issues a reprimand as appropriate using the Frontline Reprimand Form (25.4).

11. Documents the reprimand in a Frontline Blue Team entry.

Supervisor

12. Documents the resolution in PAS.

13. If a reprimand is issued, notifies the Employment Services Lieutenant of the PAS entry via email.

14. When possible, notifies the complainant that the investigation is completed.

Employment Services Lieutenant

15. Notifies the employee’s union of the reprimand.

Fourth observed or fourth reported allegation of a similar minor policy violation.

Supervisor

1. Follows 5.002-TSK-1 Employee Reporting of Serious Policy Violations.

- The fourth observed or fourth reported allegation of a similar minor policy violation is handled as a serious policy violation. 

5.010 - Civil Actions

 Effective Date: 05/01/2020

Definition

Civil action: Civil law deals with matters involving harm to an individual or other private party, such as a business. Such cases are usually initiated by a private party (plaintiff) and decided by a judge based upon the “preponderance of the evidence” standard, where the plaintiff most likely requests money for damages or an injunction to prevent recurring harm in the future.

For Example: Civil cases include temporary restraining orders, landlord/tenant issues, defamation, battery, medical malpractice, fraud, not paying in full or on time, failing to deliver goods sold or promised.

II. Citizen Claims for Reimbursement

A. Although citizens may file a claim with the City for reimbursement for any damages or expenses that result from police action, officers cannot obligate, and should not suggest, that the City or the Department will pay such claims. Legally, the City is usually not obligated to reimburse citizens for all damages or expenses that result from police action (e.g. the service of a search warrant where force is used to gain entry).

1. Officers shall not promise citizens that they will be reimbursed if they file a claim.

B. If a citizen requests information regarding reimbursement for damages, officers should inform them that they may apply for reimbursement by filing a claim with the Claims Division of the City’s Law Department. Citizens may pick up a claim form at the Seattle Municipal Building, Clerk’s Office, 600 Fourth Avenue - Room #104, or they may call 684-8213 and a form will be mailed to them.

III. Involvement / Participation in Civil Actions - Generally

A. No employee shall volunteer to aid any private party in any manner in a civil action, and no employee shall participate in any manner in a civil action except as provided by Department policy and due process of law.

B. No employee, except the Chief of Police as the custodian of Department records or an employee specifically designated by the Chief of Police (e.g., Records, Evidence and Identification Section Director, Department Legal Advisors), shall provide to any person or authority outside the Department, related to a civil action, any Department records, reports, documents, or other materials, or copies thereof, completed by an employee in the performance of official duties.

C. No employee shall confer or consult with any person outside the Department or participate in any activity or proceeding related to a civil action, except in response to a subpoena or at the request of a Department Legal Advisor, City Attorney, or private attorney representing the City.

IV. Compensation for Appearances in Civil Actions

A. An employee who makes an authorized appearance (e.g., interview, conference, deposition, judicial proceeding) related to a civil action shall be compensated by the Department in accordance with applicable compensation provisions for duty-related activities.

B. No employee shall solicit or receive, directly or indirectly, any other fees or compensation (e.g., witness fees, expert witness fees, consultation fees) for any appearance, participation, or other activity related to a civil action.

V. Supervisory Notification and Scheduling

A. Whenever an employee receives a subpoena or request from a Department Legal Advisor, City Attorney, or private attorney representing the City to appear or participate in an activity related to a civil action, the employee shall inform their immediate supervisor of the subpoena or request, the nature of the employee’s involvement (e.g., appearance at trial, deposition), and the anticipated date and time of the appearance.

B. Whenever possible, consideration should be given to scheduling appearances and activities related to private civil actions (a civil action where the City, State, or some other government agency is not a party to the action) outside the employee’s normal duty hours if an on-duty appearance would affect the operation of the employee’s unit of assignment.

VI. Overtime Requests

A. An employee who makes an off-duty appearance related to a civil action shall submit an Overtime Request (form 1.33) in order to receive compensation for the appearance. Employees shall indicate on the request:

1. That the appearance or activity was related to a civil action,

2. Names of the parties involved in the civil action and who requested the employee’s appearance,

3. The nature of the appearance (e.g., trial, deposition, interview).

B. The Overtime Request shall be routed and reviewed according to standard court time/Overtime Request routing and review procedures.

VII. Fiscal Unit Notification

A. In all cases where an employee makes a civil action related appearance (e.g., interview, conference, deposition, judicial proceeding), on-duty or off-duty, at the request of a private party (a party other than the City, Department, or other government agency), the Fiscal, Property and Fleet Management Section will collect fees from the private party. In order to facilitate billing by the Fiscal Unit, such employee appearances shall be reported as follows:

1. The employee who makes an appearance, on- or off-duty related, shall complete a Memorandum (form 1.11) addressed to the Fiscal, Property and Fleet Management Section, indicating the following:

a. Name, address, and business phone number of the attorney(s) representing the party who requested the employee’s appearance,

b. The date, hours, location, nature of the appearance (e.g., conference, deposition, trial), any time spent in preparation for the appearance, and whether the appearance occurred during the employee’s on-duty or off-duty hours, and a brief description of the nature of the civil action (e.g., civil lawsuit, insurance claim) and the incident and employee activity related to the civil action (e.g., vehicle accident investigation, Report Number),

c. The employee shall attach to the Memorandum a copy of any subpoena the employee received and in the case of off-duty appearances, a copy of the Overtime Request completed by the employee,

2. In the event an employee receives any fees or compensation for a civil appearance, the employee shall forward the fees or compensation to the Fiscal, Property and Fleet Management Section with the Memorandum, and

a. Any checks received by an employee shall be endorsed “payable to the City of Seattle” and shall be signed by the employee.

3. The Memorandum with attachments shall be forwarded for review through the employee’s chain of command. Each supervisor shall initial and date the Memorandum to acknowledge review. The Section/Precinct Captain shall then forward the Memorandum, with attachments, to the Director of the Fiscal, Property and Fleet Management Section.

5.020 - Gifts and Gratuities

Effective Date: 8/15/2012

5.020-POL

This policy applies to any item of value received by an employee in the course of their duties.

1. Department employees shall not accept any gift or other item if it appears that the person offering the gift is trying to influence the employee.

a. Several gift/gratuity situations are prohibited.

  • Soliciting or receiving any thing of monetary value that would, to a reasonable person, appear to have been accepted with the intent to give or obtain special consideration or influence.
  • Using or attempting to use their official position for a purpose that is for the private benefit of the Department employee or any other person.
  • Soliciting or accepting any gift or gratuity from other Department employees if such items would adversely affect the actions of the employee in connection with police operations.
  • Offering or agreeing to purchase any item of private property from a non-criminal justice employee, when the contact with the owner or agent of the owner is as a result of the employee performing his/her Department duties, without Department approval.  This prohibition to purchase specifically includes firearms and real property.
  • Becoming financially or otherwise indebted to any other employee to the extent that work performance is affected.
  • Soliciting any personal notoriety and/or award or soliciting or accepting any reward for services rendered incident to their position or duty as an employee of the Department.
  • Soliciting or accepting free admission to the theaters and other places of amusement for themselves or others, except in the line of duty.

b. Employees receiving prohibited gifts or gratuities are required to report and document such items.

  • See 5.020-PRO-1

2. Employees may accept the following unsolicited items unless it would appear to a reasonable person that the item had been offered with the intent to influence the employee’s official actions.

  • Advertising or promotional items valued at $25 or less.
  • Items valued at $25 or less that are placed in a common area where they are shared with coworkers.
  • Items with an aggregate value that does not exceed $50 from a single source in a calendar year.
  • Tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item.
  • Informational material, publications, or subscriptions related to the recipient’s performance of official duties.
  • Food and beverages consumed at hosted receptions.
  • Admission to, and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental or community organization.
  • Gifts that are accepted on behalf of and retained by the Department.
  • Gifts of nominal monetary value, not to exceed $25.
  • Purchases made by a community member for an individual officer (e.g., a cup of coffee, a snack or beverage), with the total value being $5 or less.
  • Anonymous purchases of food for an individual officer, with the total value of $10 or less.
  • Gifts motivated by a family or personal relationship (and not due to the recipient’s status as a police officer).

5.020-PRO-1 Reporting Prohibited Gifts and Gratuities

Officer/detective

1. Sends an email or SPD Memorandum (form 1.11) through their chain of command to the captain of the Compliance Section explaining the circumstances.

a. Retains the item(s) until a decision is made regarding their ultimate disposition.

Sergeant

2. Forwards this email/memo to the officer/detective’s lieutenant.


Lieutenant

3. Forwards this email/memo to the officer/detective’s captain.


Captain

4. Forwards this email/memo to the captain of the Compliance Section.


Captain of the Compliance Section

5. Receives this communication from the officer/detective’s captain.

6. Notifies the officer/detective’s chain of command regarding the item’s disposition.

7. Determines the appropriate disposition of the item.

8. Notifies the Compliance Section Administrative Assistant.

Section Administrative
Assistant

9. Keeps a log regarding items received and their disposition.

10.Sends correspondence to the citizen, if known, who gave the officer/detective the item(s).

5.030 - Preparing for Criminal Case Interviews

Effective Date: 05/07/2019

5.030-POL

This policy applies when Department employees receive requests from the defense for criminal case interviews and/or notice to appear as a defense witness in a criminal case. 

1. Department Employees May Participate in Felony Case Interviews After Notifying the King County Prosecuting Attorney’s Office (KCPAO)

For felony case interviews, Department employees will contact the KCPAO to speak with the assigned prosecutor or to request that a prosecutor be present for the interview.

See 5.030-TSK-1 Providing Notice to the King County Prosecutor’s Office

If a Department employee declines an interview request then they may be subpoenaed or ordered by the court to provide a deposition which may result in unnecessary costs to the Department.

2. Department Employees May Participate in Misdemeanor Case Interviews After Notice to the Seattle City Attorney’s Office (SCAO)

After receiving a request for a defense interview on a misdemeanor case, employees will notify the SCAO by sending an email to Law_Defense_Interview_Request with the following information:

- Subject Line: “Defense Interview”

- Officer Name and contact number

- Report Number

- Defense Attorney Name

- Date Defense Contacted Officer

- Prosecutor Requested to Attend: Yes or No

If a Department employee declines an interview request then they may be subpoenaed or ordered by the court to provide a deposition which may result in unnecessary costs to the Department.

3. Department Employees Shall Notify the KCPAO Juvenile Section Before Participating in an Interview of a Case Involving Juvenile Suspects.

Contact the KCPAO Juvenile Section to speak to a prosecutor or paralegal supervisor.

4. Department Employees Shall Verify Information Before the Interview

Before scheduling a case interview, employees will verify the following information:

- The person requesting the interview is representing the defendant, the State, or the City.

- The Report and any other relevant reports that contain information relevant to the case.

- The victim is not a Department employee.  If the victim is a Department employee, contact the appropriate Prosecutor’s office for consultation prior to conducting the interview.

- The case is an active criminal case.

* For felony adult cases use the KCPOA case management system for case status.

* For cases involving a juvenile subject contact the KCPAO Juvenile Section.

* For misdemeanor adult cases call the Law Department at (206) 684-7757.

If the employee cannot verify the above information, the employee will refer the requestor to the appropriate Prosecutor’s office to facilitate the interview.

5. Department Employees May Refuse to Answer Questions and May Terminate the Interview

An employee may refuse to answer questions during the interview if the employee has concerns about the line of questioning or if the employee feels that another investigation may be compromised by answering the questions.

The employee may request that the interview be recorded and that a recording be provided by the interviewer. The employee may also terminate the interview.

The employee may contact the SCAO or KCPAO to relay the concerns and seek guidance on resuming the interview at a later date.

6. Department Employees Shall Not Sign Criminal Case Documents That Were Not Prepared by SPD

Exception:  A Department employee may sign a document or statement if done so at the direction of the assigned prosecutor.

7. Department Employees Requested to Appear as a Defense Witness Shall Immediately Notify the KCPAO

This request may include a personal appearance, deposition, or affidavit by the employee.

See 5.030-TSK-1 Providing Notice to the King County Prosecutor’s Office

8. Department Employees Shall Schedule Interviews to Take Place During Work Hours

Exception: If the employee is unable to schedule the interview during regular work hours, the employee shall get authorization from their supervisor for overtime before conducting the interview.

5.030-TSK-1 Providing Notice to the King County Prosecutor’s Office

After receiving a defense request for an interview on a felony case, the Department Employee:

1. Logs into King County Ingress Distributed Security Gateway

2. Clicks on “PAO CASE INFO” to access searchable fields.

- “Report#” is the police case number

- “L.E. Agency” button gives a list of agencies

- It is not necessary to complete every field

3. Locates the “File #” link for the case to show case details.

4. Finds the “Assigned” prosecutor.

5. Sends an e-mail to the assigned prosecutor using the email link including the following information:

- Defendant’s name

- KCPAO cause number

- SPD Report Number

- Name of defense attorney or investigator requesting the interview

- Employee’s contact information

- Request for contact before the interview or to have prosecutor present during the interview

6. Schedules the interview if the employee has received no response after 5 business days or after conferring with the prosecutor’s office.

Exception: If a request was made to have the prosecutor’s office schedule the interview, or if the case is a Class A Violent Felony or Sex Crime, then re-contact the assigned prosecutor or paralegal.

5.040 - EEO Complaints and Investigations

Effective Date: 04/01/2019

An EEO (Equal Employment Opportunity) complaint is an oral or written complaint alleging discrimination or harassment, both of which are strictly prohibited.

Discrimination is any act, by itself or as part of a practice, which is intended to or results in different treatment or differentiates between or among individuals or groups of individuals by reason of race, color, age, sex, marital status, sexual orientation, gender identity, political ideology, creed, religion, ancestry, national origin, honorably discharged veteran or military status; or the presence of any sensory, mental, or physical disability.

Harassment is a form of discrimination characterized by any of the following circumstances:

- Submission to discriminatory conduct is made either explicitly or implicitly a term or condition of employment

- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

Sexual harassment is defined as unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature under the above circumstances.

For further guidance, see http://www.eeoc.gov/.

This Policy 5.040 shall at all times be construed in a manner consistent with the City of Seattle Personnel Rules, and will be construed to provide no less protection against discrimination and harassment than is required by applicable federal and state laws.

5.040-POL

1. The Human Resources Director Shall Monitor all Department Procedures Regarding Fair Employment and Labor Practices

2. The Human Resources Director Shall Oversee the Investigation of Complaints of Discriminatory Misconduct by Department Employees

3. The EEO Investigator Will Investigate Complaints

The EEO Investigator will investigate all discrimination and harassment complaints as defined in this policy 5.040, as well as complaints of retaliation for bringing or participating in an EEO investigation. All other complaints will be referred through appropriate channels.

- The EEO Investigator shall notify the chains of command of both the complainant and the named employee.

4. Supervisors and Managers Shall Immediately Take Action When There is an Indication That Harassment May be Occurring

See 5.040-PRO-1 EEO Investigations.

5. The Chain of Command of the Accused Employee Will Cooperate With the EEO Investigator

6. Employees May, at any Time, Seek Redress from an Enforcement Agency or a Court of Law

Administrative agencies (Washington State Human Rights Commission, Seattle Human Rights Commission and the Equal Employment Opportunity Commission) have established time limits for filing complaints. In most cases, such a complaint must be filed within 180 days of the last date of alleged harm.

7. Supervisors and Managers Shall Maintain Confidentiality of EEO Complaints and Investigations

8. The EEO Investigator Shall Complete the Investigation No Later Than 180 Days From the Receipt of the Complaint or From the Time That a Supervisor Became Aware of the Situation

The time limit for completing an investigation may be extended if it is determined by the Human Resources Director that additional time is necessary for a full and complete investigation.  The named employee will be immediately notified in writing of any extension, with a courtesy copy sent to the complainant.

9. All Misconduct Records and Complaints and Their Resolutions Will be Maintained by the EEO Investigator and Human Resources

When a complaint is determined to be unfounded or not sustained, the record of the complaint shall be expunged three years after the end of the year of the complaint.

When a complaint results in a sustained finding, the record shall be expunged six years after the end of the year of the complaint.

- A file may be maintained for a longer retention period if there is a hold requested by the Department legal adviser.  The legal adviser shall be responsible for releasing the hold.

5.040-PRO-1 EEO Investigations

Employee

1. Notifies a supervisor or management representative of an EEO complaint

- Alternatively, the employee may contact the supervisor’s supervisor, the EEO Investigator, OPA-IS Captain, or another management employee.

Supervisor or Manager

2. Takes immediate action, in consultation with SPD Human Resources, by doing the following:

a. Mitigates the matter to prevent harm from continuing while an investigation is pending; for example, removing the named employee from the workplace, granting time off to the complainant if requested, temporarily changing work locations of the named employee or complainant (if the latter consents).

b. Documents the mitigation efforts in a memo.  Provides a copy of the memo to both the complainant and the named employee.

c. Refers the incident to the EEO Investigator via the chain of command, for further action

EEO Investigator

3. Conducts intake to evaluate the appropriate course of action – for example: investigation, contact log, or referral to OPA.

4. Assesses the need to recommend removal of the parties from the same work environment, if this has not already occurred through initial mitigation by the supervisor or manager

5. If investigation is determined to be the course of action, notifies the named employee in writing that an EEO complaint has been filed and will be investigated

6. Complies with any right to union representation of individuals, including the named employee, who may be disciplined based on their statements

7. Advises all parties to the investigation that all forms of retaliation against the complainant violate city ordinance, as well as state and federal law

8. Conducts investigation through completion, making recommendation as to whether each alleged EEO policy violation is Sustained or Not Sustained

9. Forwards the case to the Assistant Chief of the named employee

Assistant Chief, Section Captain of the Named Employee, and Human Resources Director

9. Meet with EEO investigator to review case and recommended findings of the investigation (whether there was a policy violation)

10. Deliberate and make final determination whether each alleged EEO policy violation is Sustained or Not Sustained, and determine, personnel actions, and organizational follow-up to recommend to the Chief of Police

11. Submit their recommendations to the Chief of Police

Human Resources Director and Chief of Police

12. Verify that the named employee has received the results of the investigation, and provide the named employee an opportunity to provide a response to the allegations

13. Consider any additional information provided by the named employee

14. Make a final decision regarding disciplinary action

15. The Human Resources Director then notifies the EEO Investigator of the decision.

EEO Investigator

16. Upon request, provides a written summary of the investigation outcome to the complainant and the named employee

5.060 - Employee Political Activity

Effective Date: 7/13/2004

POLICY

Seattle Police Department Employees have the same political freedoms as all other citizens. But because of their City jobs, State and City laws may restrict some political activity. Employees shall be familiar with the City’s Code of Ethics (SMC 4.16) and Elections Code (SMC 2.04).

I. Permitted Campaign Activity

A. State law, RCW 41.06.250, provides that employees have the right to:

1. Vote,

2. Express opinions on all political subjects and candidates,

3. Hold any political party office,

4. Participate in the management of a partisan, political campaign,

5. Participate fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and

6. Participate fully in campaigns for nonpartisan offices.

II. Prohibited Campaign Activity

A. The exercise of those rights, however, are subject to the provisions of State law (RCW 42.17A.555), and the Seattle Municipal Code, SMC 2.04.300, which prohibit the use of City facilities for political purposes. The Seattle Code of Ethics (SMC 4.16.070(2)(a) and (b) prohibits the use of a City position for private benefit, and the use of City funds and facilities for other than a City purpose. SMC 2.04.300 and SMC 4.16.070(2)(a) and (b) prohibit City officers and employees from:

1. Engaging in campaign work (volunteer or paid) during City paid time, except vacation time,

2. Using office space, telephones, stationary, etc., at any time, to assist a candidate or to support or oppose a ballot measure; and

a. For example, signs, bumper stickers, photos, invitations to fund raisers, position papers, etc., may not be displayed on City bulletin boards, walls of City work areas, or City vehicles

b. City officers and employees may not solicit campaign funds (verbally or with literature) or petition for signatures on City property, at any time.

3. Using their City position to endorse or oppose a candidate or ballot issue.

a. For example, a City employee may give an endorsement speech to a local service club, as long as the employee clearly states that this is the employee’s personal position and not a City position.

(1) The exception to this rule, however, is that an elected official may be listed, with their office title, on campaign literature or in the voter’s pamphlet as an endorser or a member of an advisory committee.

(2) Likewise, the City Council may take official actions (motions, resolutions, or ordinances) that endorse or oppose candidates or ballot issues.

III. Ballot Issues

A. The law only applies to ballot issues, not issues of interest. An issue of interest does not become a ballot issue, under law, until some paperwork is in progress to perfect certification.

1. State ballot issues

a. Certification is begun when a proposed ballot title is submitted to the Secretary of State.

2. County-wide ballot issues

a. Certification is begun when a ballot is submitted to the County Auditor.

b. See RCW 29A.20.161.

3. City ballot issues

a. The first step for certifying a City ballot issue is either:

(1) Collection of signatures for a citizen-initiated initiative, referendum, or Charter amendment, or

(2) Passage of a Council resolution for a levy election or Council initiated Charter amendment.

(a) See Seattle City Charter Article IV, and Article XX (1992).

b. Management may restrict the use of City time and facilities to disseminate information about an issue of interest, but the law prohibits such activity when it involves a ballot issue, as discussed below.

IV. City Facilities

A. City facilities include supplies, equipment, property, and City paid time, except vacation and holiday time.

V. Prohibited Uses

A. The Elections Code prohibits City employees and appointed and elected officials (except as provided in the exceptions below) from using City facilities to campaign for or against a ballot issue.

1. Even a City agency that was established to promote or oppose the subject of a ballot issue may not use City funds to promote or oppose a ballot issue (including soliciting money or signatures for the ballot issue), unless there is expressed authority in the agency’s enabling ordinance to use City funds to promote or oppose ballot issues.

VI. Permitted Activities

A. Ballot Issue Campaigns - Use of Personal Time and Facilities

1. City employees, appointed and elected officials may use their own personal time and private facilities (not the City’s) to conduct activity in support of or in opposition to a ballot issue. When a City employee expresses an opinion about a ballot issue, however, the employee may not use City position as part of the argument for or against the issue.

a. For example, when giving a speech about a ballot issued, employees must make it clear that the opinions expressed are their own and not those of the City.

B. Providing Information on Request

1. An employee or official may use City facilities to provide information, on request, about the subject of a ballot issue if the normal and regular conduct of the agency is to provide such information and if the information is presented without comment.

C. Unbiased Information in the Course of City Business

1. City facilities may be used to discuss a ballot issue in a newsletter or other printed or broadcast matter if:

a. That is the normal and regular conduct of the department, and

b. The discussion includes both the proponent’s and opponent’s views of the issue.

D. Departments Authorized to Promote Issues

1. City officers and employees of departments that are authorized to promote an issue may not use City facilities to do so once the issue is a ballot issue, unless the department’s enabling ordinance expressly authorizes the use of City resources to promote or oppose ballot issues.

E. Equal Access to Public Facilities

1. City facilities that are available to the public for use may be used by proponents or opponents of ballot issues, provided that both have equal access to the use of those facilities.

F. Normal and Regular Conduct of Elected Officials / Statements

1. City elected officials may use City facilities to make statements in support of or in opposition to ballot issues as long as such statements are made in either:

a. An open press conference, or

b. In response to a specific request.

G. Normal and Regular Conduct of Elected Legislator’s Motions / Resolutions

1. City Council members may adopt resolutions or motions in support of or in opposition to a ballot issue. Other City officers, elected or appointed officials may not adopt such resolutions.

VII. Additional Resources

A. The City of Seattle Ethics and Elections Commission is available for assistance if you have questions or concerns concerning permitted or prohibited employee political activity.

5.090 - Operations Bureau General Personnel Matters

Effective Date: 8/18/2003

I. Duty Hours

A. Watch Hours

1. First Watch

a. Early Squads: 0300 hrs.-to-1200 hrs.

b. Late Squads: 0330 hrs.-to-1230 hrs.

2. Second Watch

a. Early Squads: 1100 hrs.-to-2000 hrs.

b. Late Squads: 1130 hrs.-to-2030 hrs.

3. Third Watch

a. Early Squads: 1900 hrs.-to-0400 hrs.

b. Late Squads 1930 hrs.-to-0430 hrs.

B. Specialty Unit Hours

1. Anti-Crime Teams

a. 1900 hrs.-to-0300 hrs.

2. Community Police Team

a. 1000 hrs.-to-1800 hrs.

3. Special Patrol Unit

a. Day Shift: 1000hrs.-to-1800 hrs.

b. Night Shift: 1900 hrs.-to-0300 hrs.

4. Special Deployment

a. 0800 hrs.-to-1600 hrs.

5. Seattle Center Detail

a. Day Shift: 0930 hrs.-to-1800 hrs.

b. Night Shift: 1730 hrs.-to-0130 hrs.

6. Traffic Unit

a. #1 Motorcycles 0700 hrs.-to-1500 hrs.

b. #2 Motorcycles 1000 hrs.-to-1800 hrs.

c. AM Cars 0630 hrs.-to-1430 hrs.

d. PM Cars 1300 hrs.-to-2100 hrs.

e. DUI Squad 2000 hrs.-to-0400 hrs.

7. Canine Unit

a. Narcotics Dog: 1600 hrs.-to-2300 hrs.

b. #1: 2000 hrs.-to-0300 hrs.

c. #2: 2100 hrs._to-0400 hrs.

d. #3: 2200 hrs.-to-0500 hrs.

8. Mounted Unit

a. 1000 hrs.-to-1800 hrs.

9. Harbor Patrol

a. Day Shift: 0700 hrs.-to-1500 hrs.

b. Swing Shift: 1500 hrs.-to-2300 hrs.

c. Night Shift: 2300 hrs.-to-0700 hrs.

10. Parking Enforcement Unit

a. #1: 0630 hrs.-to-1500 hrs.

b. #2: 0800 hrs.-to-1630 hrs.

c. #3: 0900 hrs.-to-1730 hrs.

d. #4: 0945 hrs.-to-1815 hrs.

e. #5: 1430 hrs.-to-2300 hrs.

EXCEPTION: Modification to these hours may be made by a Captain upon approval from the Operations Bureau Chief.

C. Responsibilities

1. Watch Lieutenant will report to duty at least thirty minutes prior to the first roll call of their watch.

2. Sector Sergeants will report for duty fifteen minutes prior to the start of their roll call.

3. Officers will report for duty, fully equipped and prepared, at the start of their watch.

NOTE: Officers not arriving on time or in the proper uniform will be subject to corrective action, unless excused.

4. Station personnel will report for duty as ordered by the Precinct Captain.

5. Other personnel will report for duty as directed by the appropriate captain.

6. Officers who cannot report for duty at their assigned time will

a. Contact their sergeant before the start of the watch.

b. Explain the situation; and

c. Provide an estimated time of arrival.

7. Shift change will occur as near as possible to the above times. If this is not possible

a. The Sector Sergeant will notify radio.

b. Explain why the on-coming watch cannot relieve the previous watch.

8. Officers shall remain on duty for the entire assigned watch unless excused by a sergeant.

II. Roll Call Responsibilities

A. Patrol Officer

1. Watch start hours are also roll call start hours.

2. Take notes during roll call.

B. Sergeants

1. Record those officers not present when their names are called.

a. Place the word "late" on the roll call sheet.

b. Mark officers reporting to roll call out of uniform "late" on the roll call sheet.

2. Obtain and document explanations for tardiness .

a. Forward explanations to the Watch Lieutenant.

3. Provide information on criminal activity.

4. Conduct formal roll call training no less than monthly. This training should be documented on the Staff Distribution report.

C. Lieutenant

1. Conduct roll call during formal inspections.

2. Address roll calls as needed.

III. Inspections

1. The sergeant will assemble the watch.

a. Give command of "At close interval, fall in."

b. Determine the number of ranks needed.

(1) Space ranks six feet apart, if possible.

c. Plainclothes officers should be separate on the left end of the formation.

d. Sergeants should be separate on the right end of the formation.

2. Once the ranks are assembled, the sergeant will:

a. Give the command "At close interval, dress right dress."

b. Officers:

(1) Place the heel of the left hand on the left hip at the belt line; and

(2) Extend the left elbow out to the left and

(3) Look to the right to help dress the line of officers.

c. Check the dress and cover of the formation.

d. Return to the position of attention.

(1) Give the command "Officers Ready, front."

(2) Bring your hand smartly down the trouser seam, and re-cup your fingers. Turn your eyes to the front.

3. Place the ranks at ease.

a. Keep the right foot in place while at ease

4. Call the watch to attention when the inspecting officer enters the room.

5. The sergeant will face the inspecting officer.

a. Render a hand salute and say, “The watch is ready for inspection."

b. The inspecting officer will return the salute; this begins the inspection.

6. Follow the inspecting officer through the ranks.

7. Place the ranks not being inspected "At ease."

a. Call the rank to” Attention" as the inspecting officer approaches

b. Place the rank just inspected "At ease."

8. On completion of the inspection, call the ranks to attention.

9. The inspecting officer may address or dismiss the watch.

a. The ranks may be placed "At ease," if addressed.

b. Call the watch to "Attention" on completion of the inspecting officer's address.

10. The sergeant will exchange salutes with the inspecting officer.

11. The inspector commanding officer will issue the command to dismiss the watch.

12. Dismiss the watch.

a. Give the command of "Fall out" after the inspecting officer has left the area.

IV. Assignments

A. Staffing Assignments

1. On-duty strength requirements will vary from precinct to precinct.

a. Requirements depend on the total resources available.

b. Patrol deployment software defines the guidelines.

c. The Operations Bureau Chief determines the minimum on-duty strength requirements.

2. Distribution of personnel between precincts is determined by the Operations Bureau Chief.

a. Precinct Captains will keep the Operations Bureau Chief informed on precinct staffing needs.

3. The Precinct Captain distributes staffing resources among the three watches.

a. The Operations Bureau Chief provides the staffing guidelines.

4. The Watch Lieutenant distributes resources among the sectors.

a. The Precinct Captain provides the sector staffing guidelines.

b. The Watch Lieutenant will provide the beat staffing guidelines.

5. The Sector Sergeant will distribute resources among the beats.

B. Car Beat Assignments

1. Patrol deployment software is used to determine the number of various units needed.

a. Adjustment of resources may be needed to meet staffing or operational needs.

2. The Operations Bureau Chief determines the number of two- officer units in each sector.

a. The Watch Lieutenant will ensure the number of allowed units is not exceeded without justification during routine operations, and report significant variations to the Precinct Captain.

3. If the watch falls below minimum strength:

a. Assign one-officer units to two officer beats; and

b. The number of two-officer units will remain consistent with Patrol deployment software, unless operational priorities dictate otherwise.

C. Foot and Bicycle Beat Assignments

1. The Operations Bureau Chief determines the number of foot/bicycle assignments.

a. Assignments are made as resources permit.

2. Precinct Captains may assign a combination car/foot or car/bicycle beat.

D. Plainclothes Assignments

1. Watch Lieutenants may assign plainclothes units to resolve a specific problem.

a. Assignments will normally be six days or less.

b. Assignments longer then six days require approval from the Operations Bureau Chief.

V. Transfer Requests

A. Within Operations Bureau

1. Submit a memo to your sergeant.

a. The individual's chain of command indicates approval or disapproval.

2. Forward memorandum to the requested precinct.

a. The receiving chain of command indicates approval or disapproval.

3. All transfers are determined by the needs of the Operations Bureau.

4. The Operations Bureau Chief will make the final decision regarding transfers.

5.100 - Operations Bureau Individual Responsibilities

Effective Date: 7/20/2010

I. Patrol Officers

A. Responsibilities

1. Remain in your area (district/beat) as much as possible, unless:

a. Dispatched by radio.

b. In pursuit.

c. Responding to a major police incident.

d. Given permission by sergeant.

2. Monitor and take appropriate action regarding criminal activity in assigned area.

3. Complete reports accurately.

a. Enter serial number and court code.

b. Submit for approval prior to the end of shift.

4. Update MDT/CAD log to include:

a. Dispatched calls.

b. On-views.

c. Description of incident and actions taken.

d. MIR disposition.

e. Times in and out of service.

f. Other entries required on form.

5. Engage in high visibility directed patrol in areas assigned by sergeants.

6. Maintain close contact with the community.

7. Utilize creative problem solving techniques involving traditional and non-traditional police tactics.

8. Display the necessary interpersonal skills to work with:

a. Varied community groups comprised of diverse ethnic and cultural backgrounds.

b. Various public and private agencies.

9. Demonstrate consistent work habits which reflect a high standard of performance and initiative.

10. Remain professional at all times.

B. Foot and Bicycle Beat Officers

1. Make numerous contacts with the public and merchants in assigned area.

2. Share responsibility for radio calls in assigned area.

3. Record all activities on a SPD log sheet.

C. Plainclothes Officers

1. Assigned by the Sergeant for specific details.

2. Document activity on the Patrol Unit Log.

D. Appearance

1. Officers will wear the proper and complete uniform.

a. Attach and secure all uniform accessories.

b. Maintain and clean the uniform.

(1) Replace the uniform as soon as it becomes worn, torn, or damaged.

2. Officers will ensure they are properly attired and groomed.

E. Lunch and Coffee Breaks

1. No more than two marked cars (excluding sergeants vehicles), with a maximum of four officers and one Sergeant, may be at one location during a break.

F. Community Meetings

1. Officers will attend community meetings when requested, if possible.

a. Ensure sergeant knows the time and location of meeting.

b. Officers assigned to the area the meeting is held in will attend as the department's representatives, if possible.

2. If no one can attend, the requester will be contacted and informed of the circumstances

II. Duty Officer

A. Responsibilities

1. Perform the general office duties required during the watch.

2. Respond to both in-person and telephone inquiries.

a. Telephone courtesy.

(1) Answer the phone by stating:

(a) Seattle Police Department.

(b) Precinct.

(c) Officer's name.

(d). Offer of assistance.

b. Answer the phone as soon as possible.

c. If you need to answer another line ask the caller to hold and explain any delay.

d. Contact a sergeant if assistance is needed.

OPTION: Consider taking a call-back number and return the call at a later time.

3. Take in-person complaints

a. Complete necessary reports.

b. Take other appropriate actions, as required.

c. Employee Complaints.

(1) Refer to a Sergeant.

(2) If a Sergeant is not available:

(a) Take complainant's name and phone number, and

(b) Notify a Sergeant for call-back.

4. Notify the Communications Section of staffing deployment.

a. Call 911 so the primary operator can take the information.

b. Routine Service:

(1) Take report over the phone or from in-person complainant.

(2) Call 911 for an officer to be dispatched if evidence collection is necessary.

5. Each precinct will make daily mail deliveries to the Public Safety Building Data Distribution Center. Data Center is open twenty-four hours a day seven days a week.

a. Copy and distribute reports.

b. Sort and route citations.

c. Delivery times:

(1) 1st Watch before 0530

(2) 2nd Watch before 1430

(3) 3rd Watch before 2230

d. Deliver:

(1) Mail.

(2) Subpoenas.

(3) Reports.

(4) Citations.

6. Inspect the precinct facility hourly after normal business hours.

a. Trespass.

(1) Public areas of the precinct are open at all times.

(2) Trespass warnings or arrests should be made only under the most aggravated of circumstances.

(3) Alternatives to arrest may include:

(a) SUV wagon.

(b) Taxi.

7. Perform other duties assigned by sergeants.

8. Handling of fax messages.

a. Determine correct destinations and time sensitive concerns.

b. Place fax in:

(1) Officer's box; or

(2) Watch board.

c. Phone officers if time sensitive.

d. Make copies if fax concerns more than one officer.

e. Encourage other agencies to use fax messages.

9. Present a professional appearance.

a. Wear the Operations Bureau uniform of the day including a Department approved sidearm.

EXCEPTION: The Watch Lieutenant may waive wearing the gun belt, and light duty limitations may preclude wearing some or all of a standard uniform.

III. Patrol Sergeant

A. Responsibilities

1. Direct supervision of police officers, including:

a. Coordination of response to criminal trends identified by district officers.

b. Identifying and providing squad and individual training.

c. Direct supervision at any incident involving multiple units.

d. Personal screening of prisoners and arrests.

e. Interviewing of injured suspects.

f. Approval of police reports and log sheets.

g. Check holding rooms at the start and throughout the shift.

h. Monthly inspection of issued demonstration management gear to verify that each officer has the proper gear and that it is in good condition. Document the inspection on the daily watch sheet.

B. Field Supervision

1. Ensure officers comply with the following:

a. Log into service as soon as possible.

b. Manage their time appropriately.

(1) Calls for service.

(2) On-views.

(3) Details.

c. Remain in service, in assigned area, until fifteen minutes prior to the end of the shift.

2. Monitor assigned frequencies.

3. Remain in the field for a majority of the shift.

a. Advise radio when leaving or returning to your sector.

4. Document prisoners placed in holding rooms.

a. Note any apparent injuries to, or violent conduct by, prisoners using:

(1) Report; and

(2) Use of Force Statement; and

(3) Hazard Report (form 5.38) if appropriate.

b. Ensure the above paperwork is completed before the end of the shift.

5. Check the personal appearance of assigned officers and ensure officers’ equipment is in good condition.

6. Reports:

a. Ensure accuracy and completeness.

b. Check for the correct court code on paperwork.

(1) Notify the Executive Assistant of the Operations Bureau by memorandum of any court code changes.

C. Problem Solving

1. Responsible for overall problem solving.

a. Ensure officers are applying problem solving techniques.

2. Encourage officers in their problem solving efforts by using the following methods.

a. Brainstorming sessions.

b. Mediation techniques.

c. Community meetings.

d. Utilizing other resources.

(1) City departments.

(2) Social agencies.

3. Monitor call load activity and coordinate time for officers to use the above methods.

IV. Watch Lieutenants Responsibilities:

A. Duties

1. Responsible for the supervision, administration, and performance of assigned watch.

2. Reports directly to the Precinct Captain.

3. Perform delegated duties assigned from the Operations Bureau Chief, or the Precinct Captain.

B. Responsibilities

1. Remain available by radio or telephone during the shift.

2. Provide direct supervision at any incident that is of a sensitive nature.

3. Screen all arrests involving an assault to an officer.

4. Inspect the watch.

a. Personal appearance

b. Department vehicles

c. Holding rooms

5. Encourage officers in their problem solving efforts.

6. At least one Watch Lieutenant with the permanent rank of Lieutenant will be on duty at all times.

C. Additional Duties

1. 1st Watch Lieutenant (Facility and Vehicle Coordinator)

a. Conduct weekly inspections of the precinct to ensure the precinct is properly maintained.

b. Conduct monthly inspections of all precinct patrol vehicles to ensure proper maintenance.

2. 2nd Watch Lieutenant (Precinct Training Coordinator)

a. Coordinate training for the precinct.

b. Report monthly to precinct Captain on training and recommendations for additional training.

3. 3rd Watch Lieutenant (Community Liaison Coordinator)

a. Serve as Community Liaison as directed by the Precinct Captain.

V. Operations Lieutenant

A. Responsibilities

1. Overall operation of the Anti-Crime Team and the Community Police Team include:

a. Planning

b. Coordinating

c. Budgeting

2. Flexibility to commit the entire unit, or any part of it, immediately to address a community need.

3. Report directly to the Precinct Captain.

4. Maintain effective staffing deployment.

5. Attend community meetings, respond to questions, and obtain input and feedback on neighborhood problems.

6. Conduct unit meetings to discuss and seek input from unit personnel to identify the problem area, the problem, personnel assignments, their duties, and expected results.

7. Plan activities with other units and agencies working with the team in order to avoid duplication of effort.

8. Maintain routine contact with the Precinct Watch Lieutenants to ensure effective communication and coordination between the team and other patrol officers.

VI. Precinct Captain

A. Responsibilities

1. Overall management and performance of assigned precinct.

2. Oversight of all problem solving efforts of assigned precinct.

3. Reports directly to the Operations Bureau Chief.

VII. Bureau Chief

A. Responsibilities

1. Responsible for the overall management and performance of the Operations Bureau.

2. Reports directly to the Deputy Chief of Operations.

VIII. Equipment and Facilities Coordinators (Stationmaster)

A. Responsibilities

1. Responsible for the general maintenance and supply of

a. Precinct facility

b. Assigned vehicles

c. Assigned equipment.

B. Vehicles

1. Inspect vehicles

a. Prepare slips for maintenance and damage repair

2. Schedule vehicles for preventive maintenance.

a. Transport vehicles to Haller Lake and/or Charles Street shops.

b. Check with the shops about availability of units for return to service.

3. Maintain records of assigned vehicles, including damage files.

4. Make assignments of patrol vehicles to districts.

a. Monitor mileage

5. Request maintenance materials and related equipment through

a. FFD.

b. Charles Street Garage or Haller Lake Shop.

6. Test drive vehicles for maintenance monitoring purposes.

7. Monitor fuel delivery and use.

C. Equipment

1. Maintain and track precinct specific equipment.

2. Order supplies and equipment

3. Maintain all records of equipment assigned to the precinct.

a. Confirm with an annual inventory

4. Provide proper storage for police documents.

a. Issue citation books

5. Maintain key boards and all precinct keys.

6. Issue lockers

7. Conduct monthly inspections of the precinct’s chemical agents supply. Verify that the munitions are current and accounted for. Document these inspections on a memorandum to the Precinct Captain.

5.120 - Off-Duty Employment

Effective Date: 02/01/19

The Department has the management right to regulate the law enforcement related off-duty employment of its employees. This policy applies to the off-duty employment of Department employees.

5.120-POL-1 Off-Duty Employment Eligibility, Requirements, and Authorized Activities

1. Department Policy Applies to Off-Duty Employment

Employees working law enforcement related off-duty jobs are held to the same standards of conduct and performance that apply on duty. Employees must adhere to all Department policies and procedures including those related to use of force.

Employees are responsible for prisoner processing, investigatory paperwork, and reports required by policy. An on-duty sergeant must approve all reports.

Exception: If a supervisor is working off duty supervising officers, he or she will screen arrests and uses of force that occur during the course and scope of the off-duty employment.

2. Employees Must Be Eligible for Off-Duty Employment

To be eligible for off-duty employment, employees must meet these criteria:

- The person must be a full-time employee of the Seattle Police Department.

- The employee must be in good standing with the Department, having completed all required training, certifications, and qualifications.

- The employee must have completed their civil service probationary period.

- The employee must not otherwise be prohibited from working off-duty employment.

3. Certain Events Suspend Eligibility for Off-Duty Employment

Eligibility for off-duty employment becomes suspended during these circumstances:

- Sick Leave, for an employee’s own illness

- Long Term Disability

- Military Leave

- Limited Duty

- Family Medical Leave, for an employee’s own qualifying medical condition

- Release time

- Suspension

- Mandatory Administrative Reassignment due to an on-going OPA investigation

A poor work record, significant complaint history, or discipline may result in denial or revocation of off-duty employment eligibility.

Exception: The Chief of Police may grant permission to engage in off-duty employment while on extended sick leave for an employee’s own illness.

The employee must submit a written request that includes a doctor’s medical recommendation to the Director of Human Resources. If granted, the permission will be in writing.

The employee must have the written permission before engaging in off-duty work.

4. Employees Must Request Approval for all Law Enforcement Related Off-Duty Employment and Business Activities

Before engaging in law enforcement related off-duty employment, the employee will submit an Off-Duty Employment Permit (Form 1.30) to the employee’s chain of command up to the precinct or section captain.

The form must contain the employer or business name, the street address where work will take place, and specific duties the employee will perform. Employees may not submit vague descriptions such as “various security”.

Sergeants and above will ensure that permits are forwarded to the next reviewer or to the Human Resources Section promptly.

See 5.120-PRO-1 Obtaining a Permit for Off-Duty Employment

The employee may not work until the request has been approved, in writing, by the employee’s precinct or section captain and the captain of the precinct where the work is to be performed.

Exception: Where insufficient time exists to process an Off-Duty Employment Permit, a sergeant from the employee’s section or bureau may authorize employment. This authorization is valid for four days to allow time to process the permit.

See 5.120-PRO-2 Obtaining a Permit for Off-Duty Employment on short notice.

5. Approval of Off-Duty Employment is not Automatic

Permits may be denied or revoked when doing so would be in the best interest of the Department.

Before approving Off-Duty Employment Permits, the chain of command must verify that the off-duty employment follows this manual section. Approval of a permit that violates this section may be grounds for discipline.

6. Off-duty Employment Permits Are Valid for a Maximum of One Year, Expiring on the Employee’s Date of Hire

Employees must submit a new Off-Duty Employment Permit request each year for renewal.

7. The Director of Human Resources Maintains a File of All Off-Duty Employment Permits

8. Employees Must Report Each Off-Duty Shift in Blue Team

Employees will report their off-duty job shifts, using Blue Team, by the conclusion of the employee’s next Department work shift.

Each off-duty shift requires a separate Blue Team entry.

The employee will include any event number related to the off-duty job in the “external case number” field. When there are no related events, the field is left blank. The event number created when logging into service with radio is not necessary.

When adding themselves, employees will select their role, matching the type of work performed. (Flagging, Uniformed Security, or Plainclothes Security)

Employees will enter the CAD-compliant address where work was performed, and the name of the person or business directing the work.

Note: As an example, if the employee is flagging traffic for a construction company but is being paid by a third party, the employee will enter the name of the construction company, not the third party.

In the “summary of incident” field, employees enter the number of hours worked.

See 5.120-PRO-3 Logging Off-Duty Hours Worked via Blue Team.

9. Officers are Expected to Take Appropriate Law Enforcement Action When Working Off-Duty

Officers will assist on-duty officers whenever it is appropriate.

10. Taking Police Action May Convert Time to On-Duty Status

If an employee takes enforcement action related to off-duty employment, that time is paid by the off-duty employer until the end of the off-duty shift. The employee will not receive pay from the Department for this time.

The Department may pay overtime if law enforcement action requires the employee to work past the off-duty shift, or if the officer was required by Department policy to take action and doing so prevents the officer from performing the off-duty job.

An on-duty sergeant must approve this overtime prior to, or as soon as practical after, the employee takes the law enforcement action.

Overtime earned is paid hour-for-hour for the actual time spent performing the tasks.

11. The Department May Call Upon Employees Working Off-Duty

The Department may call upon officers working off-duty for tasks such as addressing a public safety emergency, processing an arrest, booking a suspect, etc.

An officer working off-duty will be entitled to call back pay if such duty will not permit the officer to return to his or her off-duty job before the end of that shift.

If the officer can return to the off-duty job, the Department will compensate the officer at the rate of time and a half for the actual time spent performing the Department duty.

12. Officers and Sergeants Working Off-Duty Must Earn a Minimum Rate of Pay

Officers and sergeants may only work law enforcement related off-duty at a minimum rate of pay equal to the top step of police officer or sergeant.

The total compensation in meeting these rates may comprise pay and other benefits, such as food.

13. Employees Must Log-In at the Beginning of Their Off-Duty Shifts and Log-Off at the End of Their Shifts

Employees working off-duty must have their portable radio.

Employees shall log in with Communications at the beginning of their shift and provide this information:

- Their appropriate “Victor” call sign

- The business or event name and address where they are working

- The hours they are working

- Whether they are working in uniform or plain clothes

Exception: Employees do not have to log in when working security at Safeco Field or Century Link Field where there are on-scene SPD supervisors, and all employees are operating as a group on a radio channel separate from normal radio traffic.

14. Employees Working Traffic Control Must Wear Safety Equipment

While working any off-duty job where overhead hazards exist, each employee working traffic control must wear a Department-issued safety vest or the reversible raincoat worn with the lime green side out and hard hats. Hard hats must meet the Washington Industrial Safety and Health Act standards.

15. Patrol Sergeants and Lieutenants Shall Periodically Inspect Off-Duty Employment Locations that are Active During Shift Hours

Sergeants and lieutenants will work to correct any policy violations they discover and may relieve the employee from the off-duty job, if appropriate.

The sergeant or lieutenant will document the issue and the action taken to correct the problem on an SPD Memorandum, via the chain of command, to the Patrol Operations Bureau Chief.

5.120-POL-2 Restrictions on Off-Duty Employment

To maintain the integrity of the Department and its employees, the Department prohibits or restricts certain types of off-duty employment activities having a potential for actual or perceived conflicts of interest or that would lower the dignity of the police profession.

1. The Department Prohibits Certain Employment

Employees are prohibited from engaging in the following off-duty employment and business activities:

- Performing tasks other than those of a law enforcement or traffic control nature while in Department uniform

- Any employment in which police authority might be used for private purposes of a civil nature such as repossessing or towing vehicles or acting as a process server or bill collector

- Employment which requires access to police files, records, or services as a condition for employment

Exception: The Bureau Chief having control over such information may grant specific approval for such use.

- Employment which results in other qualified persons being deprived of “rightful” employment and which results in a justified complaint. The Department will be the sole judge in these matters

- Employment which assists in the case preparation for the defense in any criminal action or proceeding

- Employment by or on behalf of a nightclub or an establishment licensed for or providing adult entertainment

- Employment directly for any or on behalf of establishments that sell or dispense intoxicating beverages

Exception: The Department may grant an exception to this prohibition if the employer is a business association that has received specific authorization from the Department to hire off-duty officers and/or if the employer’s main activity is not the sale or consumption of alcohol such as athletic events, hotels, etc.

- Employment directly for or on behalf of businesses that sell, produce, or dispense marijuana, marijuana-infused products, marijuana extracts or marijuana concentrates

- Owning, operating, managing, or having a financial interest in a business that sells, produces, or dispenses marijuana, marijuana-infused products, marijuana extracts or marijuana concentrates

- Owning a private security business after September 1, 1984

- Owning, operating, managing, or having a financial interest in a business providing security services where the employee utilizes their color of office, position of employment, or access to Department information, files, records, or services for private or business gain

- Owning, operating, managing, or having a financial interest in a private investigation business

- Performing police functions in uniform for a private employer beyond the jurisdiction of the corporate limits of the City

Exception: The employee may perform this work with prior written approval of the chief law enforcement officer of the agency having jurisdiction. If employees do not submit the written authorization, they may not wear any part of the Seattle Police uniform or anything that would identify the employee as a Seattle Police Officer.

- Employment involving any form of gambling

Exception: Employees may participate as volunteers (not in uniform) in legal gambling activities sponsored by a “Bona Fide Charitable or Nonprofit Organization” as defined in RCW 9.46.0209.

An employee may hold an office in “Bona Fide Charitable or Nonprofit Organizations” such as churches and fraternal societies wherein one of the statutory mandates of such an office requires their participation in the application process for or signing of city, county, or state licenses authorizing the dispensing of alcoholic beverages or the conducting of legal gambling activities.

However, this exemption is not an authorization for any other employee activity elsewhere prohibited within this manual.

- Participating in professional sporting events where there is a substantial risk of serious injury, without prior written approval of the employee’s Bureau Chief

- Any other employment activity not herein defined where there is a law enforcement obligation for close police scrutiny, which would lower the dignity of the police profession, or that creates actual or perceived conflicts of interest.

2. The Chief May Waive Prohibitions for Pending Retirement

The Chief of Police may waive any provisions listed above if an employee wishes to invest in such businesses prior to leaving city service and has indicated, in writing, a commitment to retire within eighteen months.

3. Employees May Not Work Any Off-Duty Employment While On-Duty

Except for court overtime, an employee will not accept payment from an off-duty employer for the same time paid by the Department.

4. Employees Will Not Solicit Off-Duty Work While On-Duty

Employees shall not solicit off-duty work while on-duty or at any time that would lead a reasonable person to believe that the regular provision of police services to their business or person may be affected.

5. Employees Will Not Use On-Duty Time to Conduct Investigations for an Off-Duty Employer

Employees may not conduct any investigations or take other law enforcement action on behalf of their off-duty employer while on duty.

Matters requiring further follow-up may be referred to a sergeant for assignment or to the appropriate follow-up unit.

6. Employees Will Not Disclose Any Confidential Information Obtained in an Official Capacity to Any Off-Duty Employer

7. Supervisory Ranks May Not Work for their Subordinates

Employees holding the rank of sergeant and above shall not engage in off-duty employment coordinated, brokered, supervised, or scheduled by an employee of lower rank in the supervisor’s direct chain of command.

8. Employees Must Have a Rest Period of at Least Six Consecutive Hours in a Rolling 24-Hour Period

Work includes regular Department shift hours, Department and/or court overtime, and law enforcement or traffic control off-duty employment.

Employees must not exceed 64 total hours of work per week when off-duty employment and Department work hours are combined. Employees working a Department-approved full-time alternative schedule are considered to be on a 40-hour week.

Exception: A lieutenant or above may waive the application of this standard for the needs of the Department. Exceptions may also be considered for assignments and/or off-duty employment such as traveling security, or overnight security assignments which allow a paid rest period.

This provision does not affect the collective bargaining agreement between the Guild and the City, and does not apply to employees working the 24-hour shift in the Harbor Unit when they actually work that shift.

9. Disability Benefits Are Restricted by Off-duty Employment

The following is an excerpt from RCW 41.20.060, covering the Police Retirement Pension:

“Disability benefits provided for by this chapter shall not be paid when the policeman [police officer] is disabled while he [she] is engaged for compensation in outside work not of a police or special police nature.”

LEOFF II officers are not covered by Washington State Industrial Insurance for injuries resulting from off-duty employment.

5.120-PRO-1 Obtaining a Permit for Off-Duty Employment

Officer

1. Completes an Off-Duty Employment Permit

2. Submits completed permit to a sergeant

Sergeant

3. Reviews officer’s work record, complaint history and discipline history

4. Recommends approval or denial of the permit

5. Forwards the permit to the lieutenant

Lieutenant

6. Recommends approval or denial of the permit

7. Forwards the permit to the captain

Captain

8. Approves or denies permit

9. If the work will be performed in another precinct, forwards permit to the captain of that precinct for final approval

Captain who issues final approval

10. Forwards a copy of the permit to the officer

11. Retains a copy of the permit

12. Forwards the original permit to the Human Resources Section

5.120-PRO-2 Obtaining a Permit for Off-Duty Employment on short notice.

Officer

1. Completes an Off-duty Employment Permit

2. Under “Hours of Employment” indicates the hours and the inclusive employment dates, and

3. Marks the box at the top of the Off-duty Employment Permit specifying “Permit for Off-Duty Employment less than 4 days”

4. Contacts a sergeant (in person or by phone) and requests approval

Sergeant

5. Recommends approval or denial of the permit

6. If approved, the sergeant or above gives the employee a signed copy of the permit

If verbal approval was granted, the employee prints the name of the approving sergeant in the signature block, obtains written confirmation within 24 hours and attaches it to the permit.

7. Forwards the original document to the Human Resources Section, via the chain of command

5.120-PRO-3 Reporting Off-Duty Hours Worked via Blue Team

Employee

1. Adds a new Blue Team incident. The type is “Off Duty”

2a. Enters any related event numbers in the “External Case Number” field.

or

2b. If there are no related event numbers, leaves the “External Case Number” field blank.

3. Enters date and time the off-duty job started in the “Date” and “Time of Occurrence” fields

4. Enters the street address where the work was performed

5. Selects the precinct area where the work was performed for the “Location of Occurrence” field

6. Enters number of hours worked in the “Summary of Incident” field

7. Selects “Community Member” for the reporting party

8. Uses the “Last Name” field to search the existing list of off-duty employers. If there is no match, the employee enters the off-duty employer’s information

9. Clicks “Add Me” to add himself or herself to the entry

10. Selects his or her role, matching the type of work performed (Flagging, Uniformed Security, or Plainclothes Security)

11. Forwards the entry to the recipient “Off Duty”

12. Enters “off duty” in the “instructions” field

Off Duty Administrator

13. Reviews the Blue Team entry for formatting accuracy and completeness.

14. Sends the entry to QA

5.125 - Social Media

Effective Date: 07/01/19

Social media refers to digital communication platforms that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites, microblogging sites, photo and video sharing sites, wikis, blogs, and news sites. Some examples of social media include:

- Facebook

- Twitter

- Instagram

- YouTube

- Reddit

- Tumblr

These policies address the use of social media in general and not one particular form.

5.125-POL 1– Department Use of Social Media

The Department endorses the secure use of social media as described below to enhance community engagement, information distribution, and neighborhood safety.

1. The Chief of Police Approves Official Department Social Media Accounts

Exception: This approval requirement does not apply to the Director of the Office of Police Accountability (OPA) or the OPA staff acting under the authority of the OPA Director. However, this exception does not relieve the Director of the obligation to obtain approval from the Mayor’s communications director per City policy.

2. Public Affairs Will Oversee all Official Department Social Media Accounts

3. The Department Will Clearly Identify its Official Social Media Accounts

Where possible, Department social media accounts shall prominently display the following information and/or statements:

- Department contact information and a link to the Department website

- That pages are maintained by the Department

- The purpose and scope of the Department’s presence on the websites

- That the opinions expressed by visitors to the pages do not reflect the opinions of the Department

- That posted comments will be monitored and that the Department reserves the right to remove comments at its discretion such as obscenities, off-topic comments, personal attacks, any comments that jeopardize an ongoing investigation or prosecution, or that otherwise impair the Department’s ability to provide effective law enforcement services to the community.

- That any content posted or submitted for posting is subject to public disclosure

4. Employees May Use Non-Official Social Media Accounts for Investigations

Any employees using non-official social media accounts for investigative purposes will obtain written permission from the Chief of Police, regardless of duty assignment.

These employees will maintain a log of all social media postings to non-official accounts.

5. Social Media Content is Subject to Information Technology and Records Management Laws and Policies

The City of Seattle Department of Information Technology stores and retains content from official Department social media accounts in compliance with open records laws and policies.

 

5.125-POL 2 – Employee Personal Use of Social Media

This policy covers employee personal use of social media affecting the workplace and/or the Department’s ability to perform its public mission.

The Department recognizes the role that social media plays in the personal lives of some Department employees. However, the personal use of social media can have bearing on employees in their official capacity as they are held to a high standard by the community.

Engaging in prohibited speech outlined in this policy may provide grounds for discipline and may be used to undermine or impeach an officer’s testimony in legal proceedings.

1. Employees Shall Not Post Speech That Negatively Impacts the Department’s Ability to Serve the Public

Employees may express themselves as private citizens on social media sites as long as employees do not:

- Make, share, or comment in support of any posting that includes harassment, threats of violence, or similar conduct

- Make, share, or comment in support of any posting that ridicules, maligns, disparages, expresses bias, or disrespect toward any race, religion, sex, gender, sexual orientation, nationality, or any other protected class of individuals

- Make, share, or comment in support of any posting that suggests that Department personnel are engaged in behavior reasonably considered to be unlawful or reckless toward public safety

- Otherwise violate any law or SPD policy

Employees shall make reasonable efforts to remove content appearing on their social media account that violates this policy upon learning of the offensive content.

2. Employees May Not Post Privileged Information or Represent the Department

Employees shall not post or otherwise disseminate any confidential information they have access to as a result of their employment with the Department.

Employees may not make any statements, appearances, endorsements, or publish materials that could reasonably be considered to represent the views or positions of the Department.

Exception: This section does not apply to the personnel outlined in Manual section 1.110- Media Relations.

3. Employees May Not Use Their City Email Address to Register a Personal Account on Social Media

Employees shall refer to Manual section 12.110 regarding personal use of City-owned equipment and devices to access the internet and email.

5.130 - Supervisor/Employee Relationships

Effective Date: 03/01/2018

This manual section applies to all employees.

5.130 POL

1. Family and Relationships Defined

For purposes of this policy, the following terms will apply:

Family Relationship – The relationship between an employee and his or her:

- Spouse or domestic partner,

- Children and step-children,

- Parents, stepparents and parents-in-law,

- Grandparents and grandparents-in-law,

- Siblings and siblings-in-law,

- Aunts and uncles,

Personal Relationship – A relationship involving employees who are dating, engaged in a sexual or romantic relationship, or cohabitating.

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.

2. The Department Will Avoid Placing Employees in Certain Assignments When There is a Family or Personal Relationship

The Seattle Police Department will not knowingly place employees with a family or personal relationship in a supervisor/subordinate assignment.

The Department will not place employees in assignments where it is reasonable that the family or personal relationship interest between the employees could interfere with the interests of the Department.

3. Employees Must Report the Development of Personal Supervisor/Subordinate Relationships

Supervisors and subordinates who develop a personal or family relationship with each other during the course of employment shall report the relationship to the Human Resources lieutenant.

If the Department determines there is a reasonable possibility of a conflict of interest, or that the relationship could interfere with the interests of the Department, one of the involved employees will be transferred to another position. Applicable collective bargaining agreements will govern the transfer.

5.140 - Bias-Free Policing

Effective Date: 08/01/2019

5.140-POL

The Seattle Police Department is committed to providing services and enforcing laws in a professional, nondiscriminatory, fair, and equitable manner.

The Department recognizes that bias can occur at both an individual and an institutional level and is committed to eradicating both.

Our objective is to provide equitable police services based upon the needs of the people we encounter.

The intent of this policy is to increase the Department’s effectiveness as a law enforcement agency and to build mutual trust and respect with Seattle’s diverse groups and communities.

Bias-based policing is the different treatment of any person by officers motivated by any characteristic of protected classes under state, federal, and local laws as well as other discernible personal characteristics of an individual. Such “discernible personal characteristics” include, but are not limited to, the following:

- Age

- Disability status

- Economic status

- Familial status

- Gender

- Gender Identity

- Homelessness

- Mental illness

- National origin

- Political ideology

- Race, ethnicity, or color

- Religion

- Sexual orientation

- Use of a motorcycle or motorcyclerelated paraphernalia – RCW 43.101.419

- Veteran status

1. Every Employee is Responsible for Knowing and Complying With This Policy

The Chief of Police will reinforce that biasbased policing is unacceptable through specific yearly training, regular updates, and such other means as may be appropriate.

Supervisors are responsible for ensuring all personnel in their command are operating in compliance with this policy.

2. Officers Will Not Engage in Bias-Based Policing

Employees shall not make decisions or take actions that are influenced by bias, prejudice, or discriminatory intent.  Law enforcement and investigative decisions must be based upon observable behavior or specific intelligence.

Officers may not use discernible personal characteristics in determining reasonable suspicion or probable cause, except as part of a suspect description.

Employees shall not express—verbally, in writing, or by other gesture—any prejudice or derogatory comments concerning discernible personal characteristics.

No employee shall retaliate against any person who initiates or provides information or testimony related to an investigation, prosecution, Office of Police Accountability (OPA) complaint, litigation or hearings related to the Department or Departmental employees, regardless of the context in which the allegation is made, or because of such person's participation in the complaint process as a victim, witness, investigator, decisionmaker or reviewer.

Employees who engage in, ignore, or condone bias-based policing will be subject to discipline.

Supervisors and commanders who fail to respond to, document, and review allegations of biasbased policing will be subject to discipline.

3. The Characteristics of an Individual May Be Appropriately Considered in Limited Circumstances

Officers may take into account the discernible personal characteristics of an individual in establishing reasonable suspicion or probable cause, only when the characteristic is part of a specific suspect description based on trustworthy and relevant information that links a specific person to a particular unlawful incident.

Officers must articulate specific facts and circumstances that support their use of such characteristics in establishing reasonable suspicion or probable cause.

Officers are expected to consider relevant personal characteristics of an individual when determining whether to provide services designed for individuals with those characteristics (e.g., behavioral crisis, homelessness, addictions, etc.).

4. All Employees Share Responsibility for Preventing Bias-Based Policing

Employees who have observed or are aware of others who have engaged in biasbased policing shall specifically report such incidents to a supervisor, providing all information known to them before the end of the shift during which they make the observation or become aware of the incident.

Supervisors, commanders and civilian managers have an individual obligation to ensure the timely and complete review and documentation of all allegations of violation of this policy that are referred to them or of which they should reasonably be aware.

5. Employees Will Call a Supervisor in Response to Allegations of Bias-Based Policing

If a person alleges biasbased policing, the employee shall call a supervisor to the scene to review the circumstances and determine an appropriate course of action. For purposes of this policy, an allegation of bias-based policing occurs whenever, from the perspective of a reasonable officer, a person complains that they have received different treatment from an officer because of any discernible personal characteristic listed above.

If the person declines to speak with a supervisor or wishes to leave before the supervisor arrives, the employee will attempt to obtain the person’s contact information voluntarily.

- The employee will also offer the person the supervisor’s contact information and information on how to file a complaint with the OPA.

Officers may not extend a detention solely to await the arrival of a supervisor.

If officers have completed their business with the person making the allegation, and the supervisor has not yet arrived, the officer will wait at the location for the supervisor to arrive.

6. Supervisors Conduct Preliminary Inquiry into Bias-Based Policing

If the person making the allegation wishes to speak with the supervisor about the bias-based policing concerns, the supervisor will discuss the incident with the person making the allegation. (See 5.140-PRO-1 Handling a Bias-Based Policing Allegation)

- If the person making the allegation has left the scene, the supervisor shall make meaningful attempts to contact the person making the allegation by phone or letter. 

- The supervisor will document the attempts in the Blue Team entry.  If after meaningful attempts the person making the allegation is unavailable or unresponsive to phone calls or letter, the supervisor will review BWV/ICV of the incident. 

- The supervisor will document any issues found on the BWV/ICV.

The reviewing supervisor shall explain to the person making the allegation the option to refer the complaint to OPA. If the person making the allegation asks that the matter be referred to OPA then the reviewing supervisor shall refer it using the Complaint Blue Team entry, instead of the Bias Review Blue Team entry.

If the reviewing or approving supervisor determines that there may have been misconduct, that supervisor shall refer the matter to OPA using the Complaint Blue Team entry for further investigation. When a supervisor sends a complaint to OPA, a Bias Review Blue Team entry will not be used.

Bias Review Blue Team entries are used when all of the following apply:

- The supervisor has conducted a preliminary investigation into the allegation of bias-based policing,

- The supervisor believes that no misconduct occurred,

- The supervisor has explained to the person making the allegation the option to refer the complaint to OPA,

- The supervisor provides the person OPA's contact information, and

- The person does not ask that the matter be referred to OPA.

7. Employees Will Document All Allegations of Bias-Based Policing

If the use of a Bias Review Blue Team entry is permitted under the circumstances (see 5.140-POL-6), the investigating supervisor will complete the entry to document the circumstances of the allegations and steps that were taken to investigate and resolve it. This review must include the following information, if the person is willing to provide it:

- The person’s name,

- Address,

- Phone number, or email address, and

- Contact information for witnesses who observed the events.

The investigating supervisor must submit all documentation of an allegation of bias-based policing by the end of their shift.

The supervisor will then forward the Blue Team entry, via the chain of command, to the bureau chief.

8. The Chief Legal Officer Prepares an Annual Report for the Chief of Police and the Public

The Chief Legal Officer will prepare a report that describes and analyzes the year’s biasbased policing allegations and the status of the Department’s effort to prevent biasbased policing, and any disparate impacts of policing.

After review by the SPD command staff, and after names of individual officers have been removed, this report will be made available to the community.

9. Disparate Impacts

The Seattle Police Department is committed to eliminating policies and practices that have an unwarranted disparate impact on certain protected classes. It is possible that the long-term impacts of historical inequality and institutional bias could result in disproportionate enforcement, even in the absence of intentional bias. The Department’s policy is to identify ways to protect public safety and public order without engaging in unwarranted or unnecessary disproportionate enforcement.

In consultation with the Community Police Commission, and the Office of the Inspector General for Public Safety, the Department shall periodically analyze data which will assist in identification of SPD practices – including stops, citations and arrests – that may have a disparate impact on particular protected classes relative to the general population.

Alternatively, the Department may rely in whole or in part on the Community Police Commission and the Office of the Inspector General for Public Safety for analysis of this data.

When unwarranted disparate impacts are identified and verified, the Department will consult with neighborhoods, businesses, community groups, and/or the Community Police Commission, and the Office of the Inspector General for Public Safety, to explore equally effective alternative practices that would result in less disproportionate impact. Alternative enforcement practices may include addressing the targeted behavior in a different way, deemphasizing the practice in question, or other measures. Initially, disparate impact analysis will focus on race, color, and national origin. The Department will consult with neighborhoods, businesses, community groups, and/or the Community Police Commission, and the Office of the Inspector General for Public Safety, about whether to examine disparity with respect to other classifications.

The Disparate Impacts section of the policy is not a basis to impose discipline upon any employee of the Department, nor is it intended to create a private right of action to enforce its terms.

a. The Chief of Police or Designee Will Enforce Policy

The Chief or designee will ensure that this policy is in effect and carried out.

b. Officers Document Enforcement Activity

See Seattle Police Manual Section 6.220 – Voluntary Contacts, Terry Stops & Detentions.

c. The Department Analyzes Officer-Initiated Activity

The analysis focuses on enforcement practices (stops, citations, and arrests) that are not primarily driven by reports from crime victims. These include, but are not limited to:

- Violation of the Uniform Controlled Substance Act (VUCSA)

- Prostitution

- Obstructing

- Resisting arrest

- Driving crimes/infractions

- Pedestrian interference

- Illegal camping

- Pedestrian violations (e.g., “Jaywalking”)

- Drinking in public

- Public consumption of marijuana

- Public urination/defecation

5.140–PRO-1 Handling a Bias-Based Policing Allegation

Employee

1. Receives an allegation of bias-based policing

2. Calls a supervisor to the scene

2a. If the officer’s sergeant is not available, the officer notifies a sergeant from the officer’s precinct.

2b. If no sergeant is available, the officer notifies a lieutenant who may assign a specific sergeant or who will personally respond to conduct the same review as would have been required of a sergeant had one been available.

3. If the person making the allegation wishes to leave the scene, the officer attempts to obtain the person’s contact information voluntarily.

Next-Level Supervisor

4. Responds to the scene

5. Gathers all relevant information from the person making the allegation and any witnesses, if they are willing to provide it

- Relevant information is defined as any information that may tend to explain, prove, or disprove the allegations being made.

6. Provides specific information to the person on how to file a complaint or, if warranted, refers the matter to OPA for further investigation

See Seattle Police Manual Section 5.002 - Responsibilities of Employees Concerning Complaints of Possible Misconduct.

7. Completes a Blue Team entry

7a. Uses the Complaint Blue Team entry for cases that are being referred to OPA for further investigation

7b. Uses the Bias Review Blue Team entry for cases that are not being referred to OPA for further investigation

8. Forwards the Blue Team entry to the bureau chief via the chain of command

Bureau Chief

9. Reviews and forwards the Blue Team entry to OPA

5.150 - Use of Private Vehicles for City Business

Effective Date: 12/29/2004

Policy

Employees should always attempt to use City vehicles in the performance of their duties for the Police Department. Whenever possible, permission shall be obtained from an employee’s Bureau Chief prior to using their private vehicle on City business.

I. Definitions

A. For purposes of reimbursement, vehicles shall be defined as any motor driven conveyance licensed to operate on the public roads and highways.

II. Procedures

A. Employees shall obtain prior authorization from their Section Captain before using a private vehicle on City business. Use a Seattle Police Department Memorandum (form 1.11).

B. Employees shall notify their Section Captain immediately following the use of a private vehicle for City business in instances where obtaining prior permission is not possible.

C. Requests for reimbursement shall be completed on Claim for Private Automobile Mileage Form (form 5.12) with a copy of the approval attached. Both documents will then be forwarded to the Director of the Fiscal, Property, and Fleet Management Section.

D. Reimbursement for authorized private vehicle travel within the Puget Sound area shall be at the current City rate.

E. Reimbursement for authorized private vehicle travel outside the Puget Sound area shall not exceed the lowest round trip air fare to and from that location, regardless of the amount of mileage.

5.160 - Observation of Officers

Effective Date: 05/07/2019

5.160-POL

It is the policy of the Seattle Police Department that a person not involved in an incident may remain in the vicinity of any stop, detention, arrest, or other incident occurring in a public place, and observe or record activity and express themselves, including making comments critical of an officer’s actions, so long as the person’s conduct and presence are otherwise lawful.

Officers should assume that a member of the general public is observing, and possibly recording, their activities at all times.

1. Officer Safety, the Protection of the Suspect or Person Being Detained, Including His or Her Right to Privacy, and the Safety of Onlookers are the Most Important Factors

2. People Have the Right to Record Police Officer Enforcement Activities

Exception: The person’s conduct and presence must not:

- hinder, delay, or compromise legitimate police actions or rescue efforts;

- threaten the safety of the officers or members of the public; or

- attempt to incite others to violence

These conditions on the conduct do not prohibit conduct that creates a slight inconvenience for an officer, such as minor delay caused by escorting the person to a nearby location. 

3. People, Regardless of Their Intent to Video and/or Audio-Record an Activity, May Not Enter any Established Marked and Protected Crime Scene or a Restricted Area That Would Normally Be Unavailable to the General Public

Officers and follow-up investigators will determine who enters or leaves a secure scene.

In public areas, there is no distinction between people employed by news media organizations and those who are not. The existence of “press credentials” extends no special privileges to any person, nor does the absence of such credentials limit a person’s free access to record law enforcement activities while in public, under most circumstances.

4. Officers May Contact People to Obtain Evidence

When officers seek recorded media from a member of the public, they shall first request voluntary surrender of the media. Officers shall document this request and the person’s response in the Report. If the person surrenders the media, officers shall provide a Report Number and the requesting officer’s name.

If officers do not have sufficient authority to seize the media but think it may be of value to a criminal investigation, they shall advise people that a court order will be sought for the media since it may be evidence of a crime.

 

5.170 - Alcohol and Substance Use

Effective Date:  11/21/2012

5.170–POL

This policy pertains to the Department's response to employee alcohol and substance use.

1.   Employees Shall not Report for Duty Under the Influence of any Intoxicant

Employees are prohibited from reporting for duty with the odor of an alcoholic beverage on their breath or under the influence of any intoxicant.

2.   Employees Shall not Consume Intoxicants in any Department-Operated Facilities or Police Vehicles

This prohibition does not extend to facilities operated by police-related private organizations (Seattle Police Officers' Guild, etc.) or undercover operations as described in subsection 6, below.

3.   Employees Shall Submit to Tests for Intoxication When There are Indications of Impairment

See 5.170–PRO–1 Testing for Impairment.

4.   Employees Shall Not Consume Intoxicating Beverages While Wearing any Recognizable Part of the SPD Uniform

This prohibition does not apply to the following circumstances:

  • Receptions related to a law enforcement funeral
  • The annual Department awards banquet
  • The annual Vancouver Police Ball
  • Other functions, as authorized by the Chief

5.   Employees Shall not Consume any Food or Beverage in any Tavern or in the Lounge Area of any Restaurant Where Intoxicating Liquor is Sold While Wearing any Recognizable Part of the Police Uniform 

6.   Undercover Officers Shall Only Consume Intoxicating Beverages When Necessary for a Police Operation

Officers shall obtain approval from a sergeant or above in their chain of command prior to consuming intoxicating beverages while on-duty.

7.   No Employee Shall Use or Possess any Controlled Substance, Except at the Direction of a Medical Authority

Employees shall only possess narcotics, dangerous drugs or controlled substances (as defined in DEA Regulations 21 C.F.R Sections 1308.11 through 1308.15) per duty requirements or at the direction of a medical authority.  Employees shall not use medication to the extent that their performance is affected while on-duty.

a. Employees Shall not Use Marijuana, Medical or Otherwise, On- or Off-Duty

8.   Employees Shall Report the Use of Impairing Medications

Employees using any medication which has side effects that might impair their performance on-duty shall notify their immediate supervisor.  See 5.170–PRO–2 Reporting Medications.

5.170–PRO–1  Testing for Impairment

Sergeant or Non-sworn Supervisor

1. Recognizes that an employee may be under the influence of an intoxicant

2. Notifies a lieutenant

3. Orders the employee to submit to any required tests under this procedure

4. Arranges for another sergeant or supervisor to witness the tests

  • The lieutenant may serve as the witness.

5. Administers or directs the administration of the field sobriety and BAC breath tests

6. Documents results of the test on form 10.5 (Fit-For-Duty Behavior Observation Form)

7. Submits form to lieutenant

Lieutenant

8. Reviews the form

9. Determines whether to recommend a Fit-For-Duty test

a. If BAC is not consistent with behavior observed, or if substances other than alcohol are suspected, follows 5.170–TSK–1 Fit-For-Duty Testing

10.  Arranges transportation for the employee directly to home, if medical attention is not needed

11.  Advises employee that he or she is on paid administrative leave until further notice

12. Forwards all original paperwork under confidential cover to the Human Resources Director with copies under confidential cover to the employee's Bureau Chief and OPA-IS

a. If after office hours, verbally notifies the Duty Captain, Bureau Chief or Human Resources Director

Employment Services Lieutenant

13. Reviews the packet

5.170–PRO–2  Reporting Medications Which Impair Performance

Employee

1. Advises the sergeant or supervisor of the use of medication(s) that might impair performance on-duty

2. Submits Insurance Activity Prescription Form (APF) listing medication(s), side effects and duty limitations to sergeant or supervisor

Sergeant or Non-sworn Supervisor

3. Determines whether the employee will be allowed to perform regular duties, be reassigned to limited duty, or be relieved of duty for that shift

4. Forwards APF to section Captain

Section Captain

5. Consults with the Employment Services lieutenant before determining the employee's assignment while using medication

5.170–TSK–1  Fit-For-Duty Testing

When the lieutenant or above determines the need for a fit-for-duty test, he or she:

1.     Directs the employee to submit to a reasonable suspicion drug test at a Department-approved testing facility.

2.     Directs the employee to read and sign the Employee Acknowledgment of Medical Release for Drug Test (form 10.6).

a. If the employee refuses to sign, informs the employee that refusal to sign constitutes insubordination and allows the employee another opportunity to sign.  If the employee still refuses to sign, relieves the employee of duty.

3.     Contacts the Employment Services Lieutenant through Communications for instructions as to where to transport the employee.

a. If unable to reach the Employment Services Lieutenant, contacts the City Safety Coordinator at (206) 684-7959 for instructions as to where to transport the employee.

4.     Transports the employee to the approved testing site with the witness supervisor.

5.     Provides Health Care Professional's Findings & Recommendations to health care professionals for them to fill out.

6.     Remains at testing site during testing.

7.     Arranges transportation for the employee directly to home, if medical attention is not needed.

8.     Advises employee that he or she is on paid administrative leave until further notice.

9.     Forwards all original paperwork under confidential cover to the Human Resources Director with copies under confidential cover to the employee's Bureau Chief and OPA-IS.

a. If after office hours, verbally notifies the Duty Captain, Bureau Chief or Human Resources Director.

5.175 - Critical Incident Stress Management Communications

Effective Date: 04/17/2013

5.175-POL

This policy applies to communications between Seattle Police Department employees and members of the SPD Critical Incident Stress Management (CISM) team members.

1. CISM Team Members are “Peer Support Counselors” as Defined by RCW 5.60.060(6)(b)

The Department will also extend this designation to civilian employees who are CISM team members.

The Peer Support Coordinator and SPD Communications shall maintain a current list of CISM team members.

2. Any Department Employee May Make a Referral to CISM

Employees may refer co-workers or themselves for assistance.

By phone: 206-233-2765 or through SPD Communications

By email: SPD_Peer_Support@seattle.gov

3. Communications Between a Department Employee and CISM are Confidential When the CISM Team Member is Acting in an Official Capacity

RCW 5.60.060 includes CISM team members as persons protected against divulging privileged communications.

Exception: CISM relationships with employees are not privileged when the CISM team member is an initial responder or witness to an incident the employee is involved in that triggers a CISM relationship.

4. The Department Shall Not Compel Confidential Information from CISM

Members of Department management, including the Office of Professional Accountability, cannot compel CISM team members to testify about any information made to them by an employee during a CISM relationship.

The Department shall not use information conveyed to CISM during a CISM relationship for discipline or other administrative proceedings involving employees.

5. The Employee Requesting Confidential Communication With CISM Shall Have Sole Authority to Waive Privilege

The employee may voluntarily give the CISM team member permission to provide information.

6. CISM Team Members, as Department Employees, Are Still Mandatory Reporters in Certain Circumstances

CISM team members shall report to the proper investigative unit information provided by SPD employees when it relates to:

  • Injury, abuse, or neglect of a child or vulnerable adult
  • Danger of physical harm to one’s self or others
  • Domestic violence crimes
  • Court orders issued when the counseling relationship is deemed not confidential pursuant to RCW Chapter 5.60

7. CISM Communications with Employees Shall Remain Confidential After the CISM Relationship Has Ceased

5.180 - Carrying Weapons Into King County Superior Court

Effective Date:  10/01/2015

5.180-POL

This policy exists to instruct officers when they may carry weapons into King County Superior Court.

1. Officers May Only Carry Weapons Into King County Superior Court When on Official Department Business

Under these circumstances, officers are on official Department business:

- Appearing for trial in response to a subpoena

- Meeting with a judge to sign a warrant

- Filing a warrant after service

- Attending a meeting with a prosecuting attorney

- Responding to an emergency

- Whenever directed by a superior

5.190 - Court Appearances and Legal Proceedings

Effective Date: 4/1/2009

I. Subpoenas and Court Appearances

A. Police Officers and Parking Enforcement Officers shall respond to all subpoenas and summons received from any court, or other formal hearings resulting from actions related to their City employment.

1. Only the primary officer, the officer that is listed first on the subpoena, shall attend Seattle Municipal Court cases and License Revocation Hearings, unless prior approval for additional officers is granted by a sergeant or requested by the City Attorney’s office.

2. If for any reason the primary officer cannot appear, the officer shall attempt to arrange for the secondary officer to answer the subpoena or summons.

3. In the event that neither officer can attend, it shall be the responsibility of the primary officer to notify the witness coordinator for Municipal Court cases or the prosecuting attorney’s office for Superior Court cases. Officers who cannot make satisfactory arrangements with the court shall notify their sergeant(s).

a. The sergeant shall take the necessary steps to resolve the conflict.

4. Officers shall be prepared and present at the required place, date, and time specified on the subpoena or summons.

5. Sergeants will personally deliver subpoenas, summons, etc. directly to the involved employee. In addition, the sergeant will maintain a written record of such delivery. It will be the responsibility of the section/precinct Captain to maintain a record of all such service occurring in their respective sections/precincts. In cases where in-person delivery is not practical (e.g. change of court date/time and the employee is at home), sergeants must still document their delivery efforts.

6. Sergeants have the responsibility of notifying officers who are on extended sick leave of incoming subpoenas. Sergeants shall mail subpoenas to the officer’s home address and make phone notification in those instances where a mailed notification would not provide sufficient warning of a pending court date.

a. Officers on extended sick leave who are able to appear and testify shall make every effort to comply with any subpoena or summons received.

7. Officers responding to subpoenas or summons outside of the City shall contact the Patrol Operations Bureau Administrative Section for transportation instructions.

8. Officers shall obtain approval of their sergeant prior to testifying in any court or hearing not directly related to their duties as police officers or City employees, except in those cases when it is clear that the officer is acting as a private citizen and party in a non-police court action.

B. Checking Seattle Municipal Court Trial Information

1. All Seattle Municipal Court trial updates will be posted on the City Law Department’s website: www.seattle.gov/law/docs/upcomingtrialinfo.htm

a. There is a link to the trial updates from the Law Department’s main page at: www.seattle.gov/law. The link can be accessed from any Internet capable computer so it can be accessed from home as well as from work. A link to the page has also been added to the SPD in-web home page accessible from any Department networked computer.

2. The Trial Information web page lists cases by the SMC case number. There are no current plans to list the cases by Defendant. The Law Department is including the SMC case number on all subpoenas issued to SPD Officers. The SMC case number will be needed to look up the status of a case on the web page.

a. The Trial Information line will not be linked to the MDT’s for security reasons.

C. Officer Stand-by

1. Officers will continue to receive an email from the Law Department informing them that they will soon receive a subpoena. The email will instruct the officers on how they can put themselves on stand-by (voluntary recall). Officers have the option of responding to the email or by calling 684-7757.

II. Failure to Appear

A. If an officer fails to appear to a Municipal Court assigned case then Municipal Court personnel will contact the SPD Court Coordinator. The Court Coordinator will log the officer’s FTA notice upon receipt. The Court Coordinator then forwards the FTA notice and the Performance Management Record (PMR) forms to the appropriate Bureau Chief, along with a due date for action. The Court Coordinator maintains a database of information that outlines those employees with current FTA information on record. The court coordinator will coordinate with Human Resources and/or OPAIS for those incidents requiring specialized attention.

B. The following section contains definitions and consequences for officers if they have a First, Second, Third or Fourth Failure to Appear in Municipal Court.

1. First Failure to Appear:

a. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate Bureau Chief with instructions for resolution. The Bureau Chief will ensure that the FTA form is forwarded to the appropriate sergeant for action.

b. The sergeant will review the circumstances with the named employee who is alleged to have failed to appear for court. The sergeant will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed that the employee did not have justifiable reasons for failing to appear for court, the following will occur:

(1) The sergeant will counsel the employee as to the importance of complying with a court ordered subpoena to appear in court as directed.

(2) The sergeant will ensure that appropriate documentation that outlines the specifics of the counseling session is noted on a PMR form.

(3) The sergeant will forward both the completed FTA and PMR forms through the chain of command up to the Bureau Chief. The Bureau Chief will then forward it to the Court Coordinator for filing purposes.

(4) For a first confirmed FTA, copies of the FTA and PMR forms will not be placed in the employee’s Human Resource Personnel file.

Note: The above listed actions will be considered a supervisory counseling session.

2. Second Confirmed Failure to Appear - It is considered a second confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of a previous confirmed violation.

a. It is considered a second confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of a previous confirmed violation.

b. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate Bureau Chief with instructions for resolution.

c. The Bureau Chief will ensure that the FTA form is forwarded to the appropriate sergeant for action.

d. The sergeant will review the circumstances with the named employee who is alleged to have failed to appear for court. The sergeant will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed within 36 months (3 years) from a previous FTA violation that the employee did not have justifiable reasons for failing to appear for court, the following will occur:

(1) The sergeant will counsel the employee as to the importance of complying with a court ordered subpoena to appear in court as directed.

(2) The sergeant will ensure that appropriate documentation that outlines the specifics of the counseling session is noted on a PMR form.

(3) The sergeant will forward both the completed FTA and PMR forms through the chain of command up to the Bureau Chief. The Bureau Chief will then forward it to the Court Coordinator for filing purposes.

(4) For a second confirmed FTA, copies of the FTA and PMR forms will not be placed in the employee’s Human Resource Personnel file.

Note: The above listed actions will be considered a verbal reprimand.

3. Third Confirmed Failure To Appear - It is considered a third confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first two confirmed violations.

a. It is considered a third confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first two confirmed violations.

b. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate Bureau Chief with instructions for resolution.

c. The Bureau Chief will ensure that the FTA form is forwarded to the appropriate Lieutenant or Captain for action.

d. The appropriate Lieutenant or Captain will review the circumstances with the named employee who is alleged to have failed to appear for court. He/she will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed within 36 months (3 years) from the first of two previous FTA violations that the employee did not have justifiable reasons for failing to appear for court, the following will occur:

(1) The appropriate Lieutenant or Captain will elicit the assistance of the Human Resources Bureau.

(2) The appropriate Lieutenant or Captain will counsel the employee as to the importance of complying with a court ordered subpoena and consequences for failing to appear for court.

(3) The appropriate Lieutenant or Captain will ensure that appropriate documentation outlines the specifics of the counseling session and is noted on a PMR form.

(4) The appropriate Lieutenant or Captain will forward both the completed FTA and PMR forms through the chain of command up to the Bureau Chief. The Bureau Chief will then forward it to the Court Coordinator for filing purposes.

Note: The above listed actions will be considered a written reprimand and such documentation will be placed in the employee’s personnel file within Human Resources.

4. Fourth Confirmed Failure to Appear - It is considered a fourth confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first of the three previous confirmed violations.

a. Upon receiving a FTA form, the Court Coordinator checks the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate Bureau Chief with instructions for resolution. The Bureau Chief will forward the necessary information to OPAIS for investigation. If sustained, the employee may be subject to discipline, up to and including termination.

III. Meetings with Attorneys

A. Interviews and meetings with attorneys shall be scheduled, if possible, during the officer’s normal working hours to avoid unnecessary overtime.

B. Meetings scheduled during off duty hours shall first be approved by the officer’s sergeant. The sergeant shall justify why overtime was authorized.

C. Overtime shall not be approved for meetings which could have been scheduled during the officer’s normal shift.

IV. Overtime Pay for Court Appearances

A. For specific information regarding court overtime pay, employees shall refer to their current collective bargaining agreement. In the event of a conflict between the agreement and this manual, the provisions of the bargaining agreement shall apply.

B. Employees shall document court overtime on the Overtime Request (form 1.33).

1. A bailiff’s or prosecutor’s signature is required by the Timekeeping Squad when an Overtime Request is submitted as a result of a court appearance.

a. Both signature blocks must be signed when the secondary, non-subpoena officer appears for court in place of the subpoenaed primary officer.

C. Employees shall not receive overtime pay for any court appearances while on a regular-duty status. This includes any judicial or quasi-judicial hearing in Federal, Superior, Justice, and Municipal Courts.

D. Employees, whether officially on- or off-duty, who are being compensated at the time by City salary or overtime pay, shall not receive witness fees, either directly or indirectly, for appearances at any judicial or quasi-judicial hearing.

E. Compensation for mileage or travel expenditures via private vehicle shall be allowed, but any officer or employee receiving witness fees over and above travel allowances shall immediately report the amount received to the Fiscal, Property, and Fleet Management Section for payroll adjustment.

F. Employees shall not be allowed overtime compensation by the Department for appearances in any court or hearing not directly related to their official duties as police officers or City employees.

5.210 - Law Enforcement Officers Flying Armed

Effective Date: 02/01/2016

5.210-POL

1. Officers Follow Department Policy While Flying Armed

Officers will limit taking police action to responding to life safety emergencies or when requested by the flight crew or air marshals.

Officers will not consume alcohol within 8 hours prior to the flight and will not be impaired by any substance while flying armed.

2. The Department Follows Transportation Security Administration Guidelines

Officers will only be able to fly armed if they are conducting official Departmental business and are in compliance with TSA guidelines:

- https://www.tsa.gov/about-tsa/law-enforcement-officers-flying-armed

3. Officers Complete Required Training to Fly Armed

Officers must successfully complete the required “Law Enforcement Officers Flying Armed” course through the Advanced Training Unit.

Officers flying armed will follow all restrictions and requirements presented in the training course.

4. Authorization to Fly Armed is Requested on the Approval Request to Fly Armed (form 18.3)

See 5.210-PRO-1 Law Enforcement Officers Requesting to Fly Armed

5. Officers Carry an Authorized Duty Handgun and Department Identification While Flying Armed

Officers are required to carry the handgun they are currently qualified on while flying.

Officers will carry the handgun concealed.

Officers will carry their Department badge and/or identification on their person.

5.210-PRO-1 Law Enforcement Officers Requesting to Fly Armed

Officer

1. Completes the Approval Request to Fly Armed (form 18.3) for the departing and return flights.

2. Submits the completed form and proof that they have successfully completed the required training to their chain of command to their Precinct/Section captain.

Captain

3. Reviews the form and proof of training.  Based on the criteria stated on the form approves/disapproves the request to fly armed.

4. Returns the form to the officer through the chain of command.

Officer

5. Takes the completed approved form to the Chief’s Office for the Chief’s signature.

6. Takes the signed form to the Data Center.

Data Center

7. Submits a National Law Enforcement Telecommunications System (NLETS) message to TSA

- TSA provides the Data Center with an NLETS unique alphanumeric code. 

8. Forwards the TSA NLETS unique alphanumeric code and original signed request to the officer.

Officer

9. Notifies the airline check-in counter that they are a law enforcement officer flying armed, presents credentials, and completes airline paperwork

10. Responds to TSA checkpoint (usually at exit gate) and provides TSA with airline paperwork, TSA code, credentials, and boarding pass.

11. Notifies airline at each boarding gate that they are flying armed and presents airline paperwork and follows airline procedures.

 

Title 6 - Arrests, Search and Seizure

6.010 - Arrests

Effective Date: 07/26/2019

6.010-POL

This policy applies when any on-duty or off-duty officer arrests a person.  For charge-by-officer, see 15.020 – Charge-By-Officer (CBO.)  For stops and detentions, see 6.220 - Voluntary Contacts, Terry Stops and Detentions.

Employees shall not engage in enforcement, investigative or administrative functions that create conflicts of interest or the appearance of conflicts of interest. (See 5.001 - Standards and Duties.)

1. Officers Must Have Probable Cause That a Suspect Committed a Crime in Order to Effect an Arrest

2. When Taking a Suspect Into Custody, Officers Must Identify Themselves, Inform the Suspect that He or She is Under Arrest, and State the Reason for the Arrest As Early as Practical

3. Officers Shall Advise All Arrestees of Their Full Miranda Rights

Officers shall give this advisement to all persons taken into custody, regardless of interview, as soon as practical.  See Manual Section 6.150 – Advising Persons of Right to Counsel and Miranda.

4. Officers are Required to Report Arrests

An officer will notify a sergeant and complete an Arrest Report for each person arrested.

When a person is arrested for assaulting an on-duty or off-duty officer, the sergeant will notify a lieutenant. See Manual Section 15.330 - Responding to Threats & Assaults on Officers.

In addition to all other pertinent information, the Report shall include the name of the sergeant who reviewed the incident and the location where the review took place.

If an officer arrests a subject but then discovers that probable cause for the arrest no longer exists, the officer may not extend the subject's detention to await the arrival of or screening with a supervisor. The officer shall immediately release the subject.

Incidents where a subject has been arrested and then released shall be documented in a Report.

5. Sergeants Must Screen All Arrests Prior to Booking or Release

The sergeant shall screen the arrest in-person if the person detained has been handcuffed by SPD, is injured or claiming injury, or has been the subject of a reportable use-of-force.

Sergeants screen detentions for involuntary mental health evaluations, with no reportable use of force, per Manual Section 16.110- Crisis Intervention.

When a sergeant is the primary officer, a different sergeant or above will review the incident.

6. Screening Sergeant Will Approve Report

The same sergeant that screened the arrest will be the one to review all documentation related to the event.

Exception: Another sergeant may review the documentation if it is impractical for the initial sergeant to do so. The screening sergeant will locate an alternate to perform the review and will inform the reporting officer of the change.

The screening sergeant will complete the Sergeant Arrest Screening Supplement.

7. Reports Must Be Completed by End of Shift

The primary officer will complete the Report as soon as practical after the arrest, and in all cases, before going out of service.

For all bookings, officers shall directly notify the screening sergeant after the Report has been sent. The sergeant will review the Report immediately for approval. See 6.010-PRO-1.

8. Felony Arrests Require a Label and an Alert Email

For felony arrests, officers shall complete an Alert Email with copies of paper documents attached. See 6.010-TSK-2.

Sergeants will apply a label to the report for the appropriate investigative unit. See 6.010-PRO-1.

6.010-PRO-1 Officer Reporting the Arrest

Officer

1. Arrests a person.

2. Advises the person of his or her Miranda rights.

3. Notifies sergeant of the arrest.

Sergeant

4. Screens the incident. See 6.010-TSK-1.

Officer

5. Completes an Arrest Report for each person arrested.

a. For booking, also completes a Superform.

b. For felony arrests, also completes an Alert Email. See 6.010-TSK-2.

6. Submits the completed Report when finished.

7. Notifies the screening sergeant that the completed report has been sent.

Sergeant

8. Completes a Sergeant Arrest Screening Supplement

9. Applies a label to the report for the appropriate follow-up unit..

Data Center Unit

10. Attaches any paper documents to the Report.

6.010-TSK-1 Sergeant Screening and Approving An Arrest

When screening an arrest, the sergeant:

1. Reviews, the circumstances surrounding the incident and the physical condition of the person arrested or detained.

- This review must take place in-person if the person detained has been handcuffed, is injured or claiming injury, or has been the subject of a reportable use-of-force.

2. Determines the appropriateness of the offense charged and the disposition of the person arrested or detained.

3. Completes a Sergeant Arrest Screening Supplement.

- This applies even if the subject is released.

4. Reviews the reports for completeness.

5. Applies a label to the report for the appropriate follow-up unit.

6.010-TSK-2 Officer Assembling an Alert Email

When completing an Alert Email for a felony booking, the reporting officer:

1. Compiles copies of any paper documents from the investigation and a printout of the E-Superform.

a. For narcotics cases, includes a Certification of Probable Cause-Narcotics with an original signature in blue ink.

2. Scans and Emails the paper documents to the appropriate follow-up unit.

3. Routes original paper documents to Data Center through normal distribution processes.

4. Completes a Report if additional Alert information becomes available.

a. Follows the same Alert procedures to forward the new information.

6.020 - Interactions with Foreign Nationals

Effective Date: 05/07/2019

It is the Seattle Police Department’s intent to foster trust and cooperation with all people served by the Department, including immigrant and refugee residents.

The Department encourages any person who wishes to communicate with Seattle Police officers to do so without fear of inquiry regarding their immigration status.

6.020-POL 1 - General Policy Regarding Contacts with Foreign Nationals

The Department recognizes that local law enforcement has no role in immigration enforcement. “Unlawful presence” in the country is a civil matter and not within the department’s jurisdiction.

1. Employees Will Not Inquire About Any Person’s Citizenship or Immigration Status.

There are no exceptions to this policy, unless approved by the Chief of Police or designee.

2. Employees Will Not Request Specific Documents for the Sole Purpose of Determining a Person’s Immigration Status

A general request for adequate identification as part of a criminal investigation or to issue a Notice of Infraction is typically all that is necessary or appropriate.

Employees may rely on immigration documents to establish someone’s identity if they are the person’s only source of identification.

3. Employees Will Not Initiate, Maintain, or Participate in any Police Action Based on an Individual’s Immigration Status

SPD employees will not act on NCIC/WACIC hits issued by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), or other DHS agencies. These hits may include some or all of the following language:

- “Administrative Warrant of Removal from the United States”

- “Immigration Violation – Failure to Appear for Removal”

- “Outstanding Warrant for Deportation”

SPD Employees regardless of assignment within SPD or participation in joint task force operations must comply with this policy.

4. Employees Will Notify a Bureau Chief Through the Chain of Command Before Contacting the Department of Homeland Security (DHS) Regarding Foreign Nationals

Employees will not contact DHS or any agencies thereof, respond to DHS inquiries, or grant DHS access to police facilities under any circumstances involving a foreign national without first notifying a bureau chief or above.

 

6.020 -POL 2 - Arrest and Detention of Foreign Nationals

The Vienna Convention and other treaties outline notification procedures when a foreign national is detained or arrested. Consular officials may access their nationals in detention and provide consular assistance. However, notification places no obligation upon consular officials to perform any services on behalf of the foreign national.

Compliance with this policy enhances the ability of the United States to insist that foreign officials provide the same rights to United States citizens arrested abroad.

The US Department of State has more information on consular notification on their website.

1. Employees Will Notify a Bureau Chief Through the Chain of Command Before Contacting the Department of Homeland Security (DHS) Regarding Foreign Nationals

Employees will not contact DHS or any agencies thereof, respond to DHS inquiries, or grant DHS access to police facilities under any circumstances involving the arrest or detention of a foreign national without first notifying a bureau chief or above.

2. Employees Will Notify Detained or Arrested Foreign Nationals of the Right to Consular Notification

Employees will not inquire about any person’s citizenship or immigration status.

When an arrested or detained person voluntarily gives information or a search yields documentation that he or she is a foreign national, employees will advise the arrestee or detainee of the right to have consular officials notified. This applies whether or not the suspect will be interrogated.

- The notification occurs after arrival at the precinct, jail, or other significant detention such as hospitalization, but before interrogation or booking. Department of State – Consular Notification and Access

Note: A person who is a citizen of the United States and another country (dual citizenship) may be treated exclusively as a United States citizen when in the United States. Consular notification is not required if the detainee is a U.S. citizen. This is true even if the detainee’s other country of citizenship is a mandatory notification country.

Absent other information, officers may accept the person’s passport or other travel document as evidence of the person’s nationality.

The employee making the arrest makes the consular notification.

See 6.020 TSK1 – Employee Making a Consular Notification

3. Some Circumstances Trigger Automatic Consular Notification

The Department of State maintains a list of countries that require consular notification when one of their citizens is arrested or detained. Once an employee is made aware that the arrested or detained person is a citizen of one of these countries, notification must be made regardless of the foreign national’s wishes.

That list is located here: Mandatory Notification Countries

The following circumstances also trigger automatic consular notification.

- When a government official becomes aware of the death of a foreign national;

- When a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent;

- When a foreign ship or aircraft is involved in a collision or accident.

4. Employees Will Record Details of Consular Notification in the Report

Employees will document the steps taken to notify the consulate or advise the arrestee/detainee of their right to consular notification.

5. Employees Will Verify Claims of Diplomatic Immunity

The Department of State issues identification cards to foreign nationals with diplomatic immunity. The degree of immunity is detailed on the back of the cards.

Once a person claims to be entitled to immunity, officers will immediately advise the person that their immunity status must be verified and request identification to substantiate the claim.

If the person claiming immunity cannot provide documentation, and the offense would warrant arrest or detention, the officer may continue to detain the suspect until confirming the individual’s status.

If the claim of immunity is not valid, the officer will follow standard procedures, keeping in mind the appropriate consular notification and/or advisement.

Employees may contact the Department of State with questions on diplomatic immunity. Their website contains phone and fax numbers.

6. Employees May Intervene for Public Safety Regardless of an Involved Person’s Diplomatic Status

When a foreign national with full diplomatic immunity is involved in an incident, and the safety of the public is in imminent danger or a crime may otherwise be committed, employees may intervene to halt such activity. This intervention may include use of force and/or arrest if otherwise justified according to existing policy.

If an officer has a person stopped and the officer believes the person is too impaired by alcohol/narcotics to drive safely, the officer will not permit that person to continue to drive (even in the case of diplomatic agents).

In these cases, the screening sergeant contacts the Department of State for guidance as soon as feasible.

7. Employees May Stop Foreign Nationals for Investigation (Terry Stop) or Stop and Cite for Traffic Violations Regardless of Their Diplomatic Immunity

A stop for a traffic infraction is not considered an arrest or detention as it relates to diplomatic immunity.

8. Employees Will Thoroughly Document Incidents Involving Immunity

Investigating and preparing reports does not violate diplomatic immunity. Absent a public safety emergency, when a foreign national with full diplomatic immunity is suspected of committing a crime, officers shall obtain as much information as possible during the initial investigation.

In addition to the offense(s) being investigated, employees will list “Diplomatic-Personnel-Involved” in the “Offenses” section.

The primary officer will send the Report to a sergeant for approval, notify the sergeant directly, and send any paper documents to the Data Center in an ALERT Packet.

The sergeant will route the Report as an ALERT packet after review and approval.

The Data Center will fax a copy of the report to the Department of State.

9. Joint Operations with Federal Agencies Require Bureau Chief Approval

The Department designates personnel to assist federal agencies from time to time, and these operations may involve the arrest of persons who have been previously deported and are currently involved in criminal activity. Any such joint operations, including access to SPD facilities, require approval of the employees’ bureau chief via the chain of command.

6.020 TSK 1 - Employee Making a Consular Notification

When an arrestee/detainee voluntarily provides information or documentation that he or she is a foreign national, the employee:

1. Advises the arrestee/detainee of the following:

a. For a mandatory notification country:

Because of your nationality, we are required to notify your country’s consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country’s consular officials as soon as possible.

b. For a non-mandatory notification country:

As a non-United States citizen who is being arrested or detained, you are entitled to have us notify your country’s consular representatives here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country’s consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call or visit you. Do you want us to notify your country’s consular officials?

- The Department of State has this notification in different languages and contact information for consular offices on their website.

2. Notify that country’s nearest consular official if required or requested by faxing or emailing SPD form 58.0.

- If a fax machine and email are not available, call to make consular notification and document the date, time, and point of contact in the Report.

3. Submit the fax sheet and fax transmittal report or a printout of the sent email to the Data Center.

- If the fax machine does not print a fax transmittal report, record the date and time the fax was sent in the Report.

4. Document the method of notification or attempt in the Report.

5. Notify jail staff if the suspect is being booked and notification has not yet been made.

 

6.030 - Body Cavity Searches

Effective Date: 7/1/1996

POLICY

Requests for body cavity searches of suspects shall be made only when it is necessary and justifiable. Body cavity searches are justifiable if they meet the requirements of State law (RCW Chapter 10.79).

I. General

A. Body cavity searches shall not be conducted by Seattle Police Officers.

B. The actual body cavity search will be conducted by medical personnel of Harborview Medical Center or an approved medical facility.

II. Procedures

A. An officer who has probable cause to believe that evidence of a crime or a weapon or contraband is concealed in body cavities must obtain written authorization from a lieutenant or above and a search warrant.

B. A police officer who is the same sex as the person being searched must be present during the search by the hospital medical personnel, and will be responsible for preparing the necessary documentation required under RCW 10.79.080(4).

6.060 - Collection of Information for Law Enforcement Purposes

Effective Date: 01/06/2021

This policy applies to all Department personnel that collect and disseminate private sexual information and restricted information for law enforcement purposes.  The purpose of this policy is to ensure that the collection and review of such information serves a legitimate law enforcement purpose and does not unreasonably infringe upon individual rights, liberties, and freedoms secured by the Constitution of the United States and of the State of Washington, including, among others, the freedom of speech, press, association and assembly; liberty of conscience; the exercise of religion; and the right to petition government for redress of grievances; or violate an individual’s right to privacy.

This policy is intended to provide guidance in applying SMC Chapter 14.12. Department personnel are required to be familiar with that Chapter and should refer to that Chapter as needed.

Private Sexual Information means any information about an individual’s sexual practices or orientation.

Restricted Information means information about:

- An individual’s political or religious associations, activities, beliefs, or opinions’;

- The political or religious activities, beliefs, or opinions and the membership, mailing, subscription, or contributor lists of a political or religious organization, an organization formed for the protection or advancement of civil rights or civil liberties, or an organization formed for community purposes;

- An individual’s membership or participation in such an organization, in a political or religious demonstration, or in a demonstration for a community purpose.

1. Department Personnel Will Ensure That Investigations Which Collect or Rely On Restricted Information Have a Legitimate Law Enforcement Purpose

2. Except as Provided Below, Department Personnel Will Not Collect Private Sexual Information or Restricted Information about an Individual Absent an Authorization by a Lieutenant or Above

Exceptions:

- Information may be collected as part of a criminal investigation where the subject of that information supplies the information to department personnel, as in reporting of a bias crime;

- Information may be collected as part of a criminal investigation based upon reasonable suspicion and where the subject of the investigation has made that information readily reviewable by any member of the public, as in unrestricted social media postings;

- Information may be collected as provided to SPD by a third party reporting a crime.

- Information may be collected when necessary to provide religious accommodation.

See SMC Chapter 14.12, RCW 49.60 and RCW 49.60

3. Department Personnel Will Not Provide or Disclose Private Sexual Information or Restricted Information Under any Government Program Compiling a List, Registry, or Database Based on Religious Belief, Practice, or Affiliation, or National Origin, or Ethnicity for Law Enforcement or Immigration Purposes

4. Department Personnel Will Not Investigate, Enforce, or Assist in the Investigation or Enforcement of any Criminal, Civil or Administrative Violation of any Requirement that Individuals Register with the Federal Government or any Federal Agency Based on Religion

5. Department Personnel Will Not Use Public Funds, Facilities, Property, Equipment, or Personnel to Create a List or Database of Personally Identifiable Information Based on an Individual’s Religious Belief, Practices, or Affiliation

6. Lieutenant or Above May Issue an Authorization for the Collection of Information that Relates to Political Affiliation or Sexual Orientation and Serves a Legitimate Law Enforcement Purpose

Any unit obtaining an authorization must register it with the Criminal Intelligence Section.  All units must maintain records of their authorizations. Employees will not investigate, or collect information, on groups or individuals related to their political, or their sexual orientation, unless it serves a legitimate law enforcement purpose and is approved via the authorization process.

7. Department Personnel May Take Video and Photographic Documentation of Individuals Participating in a Demonstration Under Certain Circumstances

Employees May Take Photographs of Demonstrators Under the Following Conditions:

- When there is reasonable suspicion of criminal activity.

This includes taking baseline shots to later identify individuals who don masks or otherwise may alter their appearance, when there is an existing authorization or criminal activity is reasonably anticipated.  If no criminal activity occurs, the information shall be purged unless retention is approved via an authorization.

- When actual criminal activity is occurring.

8. Department Personnel May Take Photographs During a Demonstration to Document the Event

Photographs by officers are permitted to document the event, but employees must take care to ensure that individual demonstrators are not readily identifiable in any such images.  If possible, any documentary photographs should be long-range to reduce the likelihood of identifying any individual demonstrators.

9. Department Personnel Will Not Video Record Individuals Lawfully Demonstrating, Unless Ordered to do so by a Lieutenant or Above

Except for body-worn or in-car video, Department employees who are not assigned to the Video Unit or the Criminal Intelligence Section shall not take video during a demonstration, unless ordered to do so by a lieutenant or above.

When safe and practical, employees will activate body worn video and/or in-car video when an imminent risk to public safety or large-scale property damage appears likely.

See Manual Section 16.090 – In-Car and Body-Worn Video (1)(g)

10. Criminal Intelligence Section Receives and Vets Original Copies of all Videos and Photographs Taken at a Demonstration Covered by the Ordinance

Employees will send original copies of all videos and photographs taken at a demonstration to the Criminal Intelligence Section within 24 hours of the event. 

Employees will not make or retain any copies of these videos and photographs.

Within five days of the demonstration, the Criminal Intelligence Section will purge all videos and photographs not covered by an authorization to be retained.

Exception: This section does not apply to in-car and body-worn video.

11. Criminal Intelligence Section Maintains a Log of All Videos and Photographs Received

Employees will store documentation covered by an authorization in the appropriate case file.  The Department may actively collect additional information on the case as long as the authorization remains current. 

When an authorization expires or closes, the associated case file becomes inactivated.  The Criminal Intelligence Section may keep inactivated cases for up to five years, after which, the file will be securely sequestered from the rest of the Department.  The Department will not actively collect additional information on or further investigate inactivated cases, although de minimus updates may be added without reactivation.  The Criminal Intelligence Section will purge case files within five years of being inactivated.

The Criminal Intelligence Section maintains a log of all files purged, containing the file number of the event.

12. Infiltration of Political and Religious Organizations Requires Authorization from the Chief of Police, or Designee

Undercover officers, cooperating witnesses and confidential informants acting under the control of the Department may only infiltrate a political or religious organization under the authorization of the Chief of Police (or designee).  Undercover officers participating in demonstrations will not incite or encourage any actions by the crowd, but may actively protest.  The authorization lasts until it expires or is closed.

This does not preclude plain-clothes officers from being assigned to public demonstrations.  Plain-clothes work is not affected by the Investigations Ordinance nor this manual section, other than the restrictions on photography and video. 

 

 

6.120 - Impounding Vehicles

Effective Date: 07/01/2020

6.120-POL

This policy applies when impounding vehicles pursuant to investigations, arrests, recoveries and parking violations. Officers will use the Case Assignment Matrix when determining which detective unit will conduct follow-up on an impounded vehicle.

1. Officers Consider Alternatives to Impound

Officers may leave a vehicle at the scene of the incident if not needed for police purposes. The vehicle may be:

- Legally parked and secured at the scene, with the owner’s permission,

- Released to the owner, or

- Privately towed at the owner’s expense.

Officers do not have to exhaust all possible alternatives to impound and do not have to wait an unreasonable amount of time for alternatives to be carried out.

2. Vehicles are Impounded Using the Appropriate Form

Department personnel may use:

- The Uniform Washington State Tow/Impound and Inventory Record

- SECTOR trained officers may use the Electronic Tow/Impound Record. See 15.380 - SECTOR

- When using SECTOR, officers will print the required number of copies as required by a TSK.

- The Vessel, Watercraft, or Obstruction Theft and Impound Report (form 5.42) to impound boats.

Department personnel will record the reason for the impound on the tow/impound records.

3.Officers Impound Vehicles When Arresting Drivers for Certain Crimes and When Appropriate and Necessary for the Protection of the Public

Officers may impound the vehicle if the driver is arrested for DUI or DUI Physical Control if after considering reasonable alternatives to impoundment, impoundment is determined necessary.

Officers impound the vehicle if the driver is arrested for: (See: RCW 9A.88.140).

- Commercial Sexual Abuse of a Minor

- Promoting Commercial Sexual Abuse of a Minor

- Promoting Travel for Commercial Sexual Abuse of a Minor

See: 6.120-TSK-5 Impounding Vehicles for Sexual Abuse of a Minor

4. Officers May Impound Vehicles With Prior Notice

Officers may impound a vehicle after giving 24 hours’ notice (see SMC 11.30.060) when the vehicle is:

- In violation of any law, or

- Abandoned, or

- Mechanically unsafe

If none of the conditions in SMC 11.30.060 are met, a vehicle may be impounded after 72 hours’ notice has been given under SMC 11.72.440 – “Parking Enforcement”.

See: 6.120-TSK-3-Impounding with a Vehicle Notice (form 8.5)

5. Officers May Impound Vehicles Without Prior Notice

See: SMC 11.30.040-When a vehicle may be impounded without prior notice.

6. Officers Perform an Inventory Search Pursuant to Impoundment of the Vehicle

Officers inspect and inventory items of value within the vehicle using the Uniform Washington State Tow/Impound and Inventory Record.  See: 6.180 - Searches-General

Exception: Officers will not complete the inspection and inventory if the vehicle is impounded on an investigatory hold.

7. Officers Will Consider Reasonable Alternatives Prior to Impounding Vehicles Operated by Drivers in Certain Situations

These situations include:

- DUI or DUI Physical Control arrests

- Officers may impound in DUI or Physical Control cases only after their individualized consideration of the circumstances, and if the officer determines that there is no reasonable alternative to impound.

- Reasonable alternatives will be considered before the vehicle may be impounded.

- Officers will document their reasoning for both impounding or not impounding. Considerations for impounding should include the risk of the impaired driver returning to their vehicle and driving while impaired.

- See 6.120-TSK-2 Impounding a Vehicle for DUI Arrests

- Drivers operating a vehicle without a Valid Driver's License

- Drivers operating a vehicle with a Suspended (DWLS) or Revoked driver's license

Officers will consider reasonable alternatives to impoundment (e.g. allowing a licensed passenger to take possession of the vehicle or calling a family member to retrieve the vehicle).

Officers will not impound vehicles for DWLS 3rd violations.

Officers may impound vehicles for other crimes committed that warrant impoundment.

See: 6.120-TSK-4 Impounding Vehicles for DWLS

8. Officers May Impound Vehicles to the Vehicle Processing Room (VPR) for Specific Reasons

A sergeant will screen any incident where the officer believes there is a reason to impound the vehicle to the VPR. 

An officer will escort the impounded vehicle to the VPR.

- See 6.120-TSK-6 Placing Vehicles into the Vehicle Processing Room

Officers may impound a vehicle to the VPR when:

- The vehicle contains evidence and is pending a warrant, or

- A specific analysis of the vehicle must be performed (DNA, fingerprinting, damage analysis, etc.), or

- The vehicle is an integral part of the investigation (agent/tool of the crime), or

- The vehicle is held pending a seizure, or

- Acting on the direction of the case detective.

Officers will not impound vehicles to the VPR when:

- A vehicle is impounded for a crime that occurred outside of Seattle,

- The vehicle is oversized, unless authorized by a follow up unit sergeant, or CSI, or.

- The vehicle is leaking gasoline or hazardous materials, unless screened by CSI, or

- The vehicle is damaged in an arson fire, unless screened by CSI.

9. Detectives Assigned to an Impounded Vehicle Case Retain Vehicles as Long as Necessary to Complete Investigation or Prosecution

Investigative unit sergeants report dispositions on impounded vehicles to Record Files Unit - Auto Records Team upon request.

If the primary detective decides not to obtain a search warrant for the vehicle, they will inventory the contents of the vehicle as soon as practical.

Exception: Contents of the trunk and locked containers are not opened for inventories.

Only the assigned investigative unit (detective, detective-sergeant, officer assigned to the assigned detective unit, ACT) that the vehicle is being Held for, may Release the vehicle.

Exception: CSI can release held vehicles for other detective units.

10. Detectives Assigned to Impounded Vehicle Cases Determine When Vehicles are Improperly Impounded

SMC 11.30.180 outlines when the owner of a vehicle will be assessed impoundment, towing, and storage charges.

11. Detectives Assigned to Impound Vehicle Cases May Release the Vehicle to Other Investigative Units

See: 6.120-TSK-7- Detective Releasing a Vehicle to Other Investigative Units

12. Officers Will Not Drive Impounded Vehicles Including Those in the Vehicle Processing Room

13. Vehicles Will Only be Released to Owners from the Department Contracted Tow Lot

Detectives will arrange transport for vehicles in the Vehicle Processing Room to the tow lot prior to notifying the owner of the release.  Vehicles will not be released from the VPR, Narcotic Seizure Garage or other City processing facilities.

14. Officers Do Not Recommend Tow Companies

Officers impound vehicles related to investigations through the Communications Section.

For private tows, officers will refer to the city’s Licensed Tow Companies List.

6.120-TSK-1-Impounding a Vehicle for Parking Violations

When impounding vehicles under a violation outlined in SMC 11.30.040 or When a vehicle may be impounded without prior notice, the officer:

1. Issues the vehicle a Parking Ticket.

2. Completes a Uniform Washington State Tow/Impound and Inventory Record and leaves the driver and tow company copies with the vehicle.

- The Quartermaster stocks plastic bags to protect the documents from the weather.

3. Forwards the completed supervisor copy to Data Center.

6.120-TSK-2-Impounding a Vehicle for DUI Arrests

When Impounding Vehicles under a DUI arrest, the officer:

1. Considers individualized reasonable alternatives to impounding the vehicle.

2. If, in the judgement of the officer, no reasonable alternatives to impound exist, requests a tow through Communications.

3. Completes a Uniform Washington State Tow/Impound and Inventory Record.

- The Quartermaster stocks plastic bags to protect the documents from the weather.

4. Checks the “DUI/PC IMPOUND” box in the top left corner of the form.

5. Completes the Uniform Washington State Tow/Impound and Inventory Form including the following in the narrative:

- the reason(s) or considerations for the impounding the vehicle

- the alternatives considered in the Narrative or Diagram portion of the form

- Writes “Hailey’s Law” and the crime driver was arrested for in the Narrative or Diagram portion of the form

6. Obtains the tow company’s truck number and driver name and writes in the appropriate box on the tow record.

7. Provides the arrestee and tow company with their respective copies of the tow record.

8. Advises the arrested driver that only another registered owner or legal owner of the vehicle may redeem the vehicle within twelve hours.

9. Forwards the completed supervisor copy of the tow record to Data Center.

6.120-TSK-3-Impounding with a Vehicle Notice (form 8.5)

When Impounding Vehicles with prior notice the officer:

1. Determines if the vehicle is in violation of a law, abandoned, or mechanically unsafe.

2. Attaches a completed Notice form (8.5) to the driver’s side window or windshield of the vehicle.

3. Returns to the vehicle after the notice has lapsed and orders a tow.

4. Writes “Notice attached on (date)”in the narrative portion of the tow record.

5a. Completes a Uniform Washington State Tow/Impound and Inventory Record and leaves the “driver” and “tow company” copies with the vehicle, or

5b. Completes the Electronic Tow/Impound Record in SECTOR and prints two copies and leaves them with the vehicle. See 15.380 - SECTOR

- The Quartermaster stocks plastic bags to protect the documents from the weather.

6.120-TSK-4-Impounding a Vehicle for DWLS

When impounding vehicles under a DWLS violation, the officer:

1. Requests a tow through Communications.

2. Completes a Uniform Washington State Tow/Impound and Inventory Record.

3. Checks the “DWLS IMPOUND” box in the top left corner and leaves the “DAY HOLD” portion blank.

4. Completes and provides the driver with the informational page and driver copy of the tow record packet.

5. Obtains the tow company’s truck number and driver name and writes in the appropriate box on the tow record.

6. Provides the tow company with their copy of the tow record.

7. Forwards the completed supervisor copy to Data Center.

6.120-TSK-5-Impounding a Vehicle for Sexual Abuse of a Minor

When impounding vehicles under crimes outlined in RCW 9A.88.140, the officer:

1. Completes a Uniform Washington State Tow/Impound and Inventory Record.

2. Checks the “EVIDENCE” box in the top left corner of the form.

3. Writes “VICE/Prostitution hold” and the appropriate reason for hold in the Narrative or Diagram portion of the form based on the specific probable cause for arrest.

- “This vehicle is impounded pursuant to RCW 9.68A.100—Commercial Sexual Abuse of a Minor and is further being held for evidentiary purposes.”

- “This vehicle is impounded pursuant to RCW 9.68A.101—Promoting Commercial Sexual Abuse of a Minor and is further being held for evidentiary purposes.”

- “This vehicle is impounded pursuant to RCW 9.68A.102—Promoting Travel For Commercial Sexual Abuse of a Minor and is further being held for evidentiary purposes.”

4. Provides a copy of the tow record and a Commercial Sexual Exploitation of a Minor Instruction Sheet (form 20.2) to the arrested person.

5. Forwards the supervisor copy of the tow record to Data Center.

6.120-TSK-6-Impounding Vehicles Into the Vehicle Processing Room (VPR)

When Impounding Vehicles into the VPR, the officer:

1. Screens the impound with the sergeant of the appropriate follow up unit.  See: Case Assignment Matrix.

2. Requests a tow through Communications.

3. Completes a Uniform Washington State Tow/Impound and Inventory Record.

4. Writes the reason for the investigatory hold and the unit responsible for follow-up investigation in the Narrative or Diagram field on the tow record.  See: Case Assignment Matrix.

- Does not simply write "See Narrative".

5. Obtains the tow company’s truck number and driver name and writes in the appropriate box on the tow record.

6. Follows the vehicle to the VPR and keeps observation over it during transport.

7. Leaves the “Officer” and “Driver” copies on the windshield of the unlocked vehicle in the VPR and delivers the "Tow Company" copy to the tow truck operator.

- Officers ensure that the VPR is locked and secure before leaving.

8. Forwards the “Supervisor” copy to Data Center in an Alert Packet if using the paper Uniform Washington State Tow/Impound and Inventory Record.

6.120-TSK-7- Detective Releasing a Vehicle to Other Investigative Units

When the custody of the vehicle investigation is transferred from the original follow-up unit of assignment to the new follow-up unit, the original follow-up unit detective:

1.Completes the Investigative Hold Tracking Form (form 5.53) with these details:

- Report Number

- Date/Time

- Vehicle information section

- Hold transfer section

2. Faxes a copy of the Hold Tracking Form to Auto Records (206)684-8355 and sends the original Hold Tracking Form to Auto Records via Department mail.

6.120-TSK-8-Detective Releasing a Vehicle from a City Processing Facility to a City Contracted Tow Lot

When releasing a vehicle from a city processing facility to a City contracted tow lot, the follow-up unit detective:

List of city processing facilities:

- SPD vehicle processing room (VPR)

- SPD long term storage

- SPD narcotics facility

- SPD seizure garage

- Charles Street maintenance facility

- TCIS facility

1.Completes the Investigative Hold Tracking Form (form 5.53) with these details:

- Report Number

- Date/Time

- Vehicle information section

- Hold Release Information section of the Investigative Hold Tracking Form (form 5.53)

2. In Hold Release Information section:

- Checks the box indicating ‘City Pays’ when:

- The registered owner, or the driver authorized by the registered owner, in the incident leading to the investigative hold, was not arrested or charged, or

- The vehicle was improperly placed on investigatory hold, in which case; notifies their sergeant who will inform the impounding officer and notifies their precinct/section captain via email.

OR

- Checks the box indicating ‘Owner Pays’ when:

- The registered owner, or the driver authorized by the registered owner, in the incident leading to the investigative hold, was arrested or charged.

3. Completes all the information in the Vehicle Movement to/from Facility section on the Investigative Hold Tracking Form (form 5.53).

- In the ‘from’ section, checks storage facility.

- In the ‘to’ section, checks ‘Tow Co. (Specify)’ and lists the current tow contractor.

4. Calls the tow contractor to schedule a re-tow from the specified processing facility to the tow contractor’s lot.

5. Completes the Appointment Scheduling section of the Investigative Hold Tracking Form (form 5.53).

6. Faxes a copy of the Hold Tracking Form to Auto Records (206)684-8355, provides a copy of the form to the tow truck driver, and sends the original Hold Tracking Form to Auto Records via Department mail.

6.120-TSK-9-Detective Releasing a Vehicle from a City Contracted Tow Lot

When releasing a vehicle from a contracted tow lot to the owner/authorized person the follow-up unit detective:

1.Completes the Investigative Hold Tracking Form (form 5.53) with these details:

-  Report Number

- Date/Time

- Vehicle information section

- Hold Release Information section of the Investigative Hold Tracking Form (form 5.53)

2. In Hold Release Information section:

- Checks the box indicating ‘City Pays’ when:

- The registered owner, or the driver authorized by the registered owner, in the incident leading to the investigative hold, was not arrested or charged, or

- The vehicle was improperly placed on investigatory hold, in which case; notifies their sergeant who will inform the impounding officer and notifies their precinct/section captain via email.

OR

- Checks the box indicating ‘Owner Pays’ when:

- The registered owner, or the driver authorized by the registered owner, in the incident leading to the investigative hold, was arrested or charged.

3. Faxes a copy of the Hold Tracking Form to Auto Records (206)684-8355 and sends the original Hold Tracking Form to Auto Records via Department mail.

6.130 - Informant Management

Effective Date: 03/20/2013

6.130-POL

This policy applies when utilizing confidential informants for investigative or intelligence purposes.

Confidential Informant (CI) - A person who provides information or services to the Department in return for money or other benefit including consideration from a prosecutor, court or other governmental agency.  A CI may take part in an investigation or prosecution without benefit if the intention is to keep their identity confidential throughout.

1. Only Authorized Personnel Shall Utilize CIs

The only units authorized to use CIs are:

  • Human Trafficking Unit
  • Major Crimes Task Force
  • Narcotics
  • Gun Violence Reduction Team
  • Investigation Support Unit

The Assistant Chief of the Investigations Bureau may approve exceptions to this policy.

2. Officers Shall Receive Training Prior to Using CIs

The sergeant of the officer’s unit shall provide them training on use of CIs.

3. Detectives Shall Follow the Procedures for Use of CIs

The Confidential Informant Guidelines shall contain all training materials and reference information on the use of CIs. These guidelines shall be kept updated by the Investigative Bureau and shall be available for authorized personnel through the Compliance Section.

Any deviation to procedures outlined in the Confidential Informant Guidelines must be approved by the authorized detective’s lieutenant or above.

4. Detective Sergeants Shall Screen all Potential CIs Prior to Their Use

A unit sergeant must approve the use of a CI prior to their investigative use. The approval shall include an in-person meeting between the CI and the sergeant prior to approval.

Additionally, CIs under DOC supervision or any other court-restricted status require approval from the overseeing agency. Approval documentation must be placed in the CI’s file.

5. Unit Sergeants Shall Verify the Completion of all CI File Paperwork

The sergeant of each authorized investigative unit shall review and approve all CI files prior to use of the CI.

  • A unit sergeant may approve use of a CI prior to completion of their file if they can articulate risk to the investigation caused by delay. This shall be documented in a memorandum and placed into the CI’s file as soon as practical.

6. Department Employees Shall Keep the Identity of CIs Confidential

7. Detectives Shall Not Utilize Persons Under 16 Years of Age as CIs

8. Detectives Shall Obtain Approval to Utilize Persons 16 or 17 Years of Age as CIs

The detective shall obtain approval from the Assistant Chief of the investigations bureau prior to use of these persons as CIs.

9. Certain Activities Shall Be Restricted Between Department Employees and CIs

Detectives shall only meet or deliver payment to CIs with another law enforcement officer present.

Exception: The detective’s sergeant may pre-approve a solo meeting.

Department employees shall not condone or encourage CIs to engage in unlawful activity.

Department employees shall not knowingly maintain social relationships or otherwise become personally involved with CIs without pre-approval by the Chief of Police.

Department employees shall not buy, sell, receive, or transfer for personal gain, anything of value to or from a person the employee knows to be a CI.

  • This rule does not apply to a legitimate, routine retail or wholesale purchase from a licensed business that a CI is employed by or owns.

10. Detectives Shall Not Offer Consideration to CIs Without Proper Approval

A detective shall not offer consideration to an informant who has been charged with a crime without the approval of Assistant Chief of the Investigations Bureau and the prosecuting attorney of the crime the CI was charged with.

Detectives shall contact their sergeant or a prosecuting attorney for review of any search or arrest warrant affidavits generated from CI-provided information prior to submission to the courts.

11. Investigative Units Shall Secure and Maintain Chain of Custody for all CI Files in Their Possession

Units shall secure CI files in a centralized location and restrict access to authorized personnel only.

  • The unit shall maintain a log which will include entries for each time access is made into the CI file storage location

Detectives will create individual CI files and each detective involved in the use of a CI will be responsible for keeping an individual file on the CI current and complete.

12. The Investigative Unit May Purge Inactive CI Files

Prior to purging these files, a detective must verify:

  • There has been no contact with the informant within five years and,
  • They must receive approval from the Assistant Chief of the Investigations Bureau.

13. Detectives Shall Not Utilize Problem Informants Without Approval From the Unit Lieutenant

Detectives shall refer to and follow the Confidential Informant Guidelines for policies and procedures related to problem informants.

14. The Office of the Assistant Chief of the Investigations Bureau Shall Maintain a Central File

The Assistant Chief’s office shall maintain a centralized and secured record of all department CIs containing:

  • Informant Name Cards (form 1.1.5) and unit catalogs
  • Problem Informant Cards (form 1.1.7)
  • Duplicate CI information

15. The Audit, Policy & Research Section (Compliance Section) Shall Audit CI Files Twice Each Year

Each investigative unit shall be subject to an audit twice a year. Unit audits shall be at least 120 days apart.

16. The Department Shall Regulate Payments to CIs

CIs may receive cash payments for any of the following:

  • Information
  • Evidence
  • Contraband
  • Actual expenses incurred by the CI
  • Introductions between detectives and other CIs

All CI payments require:

  • Satisfactory completion of the CI’s services/activities
  • A completed Justification for Payment of Funds (form 1.1.6)
  • An entry into the CI Activity Report
  • Any other vouchers, receipts, or payment control reports or logs required by the detective’s unit of assignment

17. Detectives Shall Obtain Approval to Share CI Information with Outside Agencies

Detectives shall obtain permission from their unit lieutenant prior to sharing CI information with outside agencies.

  • Detectives may only share information without approval if the information serves an immediate public safety emergency. The detective shall notify their Section Captain as soon as practical after sharing information in these circumstances. The detective shall document all shared information in a memorandum placed in the CI’s file.

6.135 - Cooperating Witnesses

Effective Date: 03/20/2013

6.135-POL

This policy applies when utilizing cooperating witnesses for investigative or intelligence purposes.

Cooperating Witness (CW) - Cooperating Witnesses are not confidential informants and may be subpoenaed to testify to their involvement in investigations stemming from their information or services. A CW is willing to provide information to police about the criminal activity of others and/or facilitate the delivery of illegal drugs or other items related a crime in exchange for a release from custody in lieu of being booked into jail.

1. Only Investigative Bureau Detectives and Anti-Crime Team (ACT) Personnel Shall Utilize CWs

Patrol officers shall contact the sergeant of the appropriate investigative unit or ACT if they encounter a subject who wishes to act as a CW.

CWs under DOC supervision or other court restricted status require approval from the overseeing agency prior to their use.

  • Approval documentation must be sent to the appropriate follow-up unit.

2. ACT Shall Obtain Watch Lieutenant Approval Prior to Use of a CW

3. The Watch Lieutenant Can Approve a Temporary 5-Day, One-Time Use Request for Use of the CW

4. Any Subsequent Investigative Work With the CW by ACT Can Only be Conducted With Approval From the Appropriate Follow-Up Unit Sergeant

(See 6.135-PRO-1 ACT Utilization of a CW)

5. Investigative Bureau Detectives Shall Obtain Sergeant Approval Prior to Use of a CW

6. ACT and Investigative Bureau Sergeants Shall Maintain Oversight of the Use of CWs

7. Officers Shall Inform CWs of the Requirements of Their Assistance

Detectives shall inform CWs that they may have to testify in court as to their assistance.

After the CW agrees to the terms of their assistance, an ACT sergeant may approve their release from custody, if appropriate.

  • Personnel shall not make or imply promises in regards to prosecution, or filing decisions related to the incident in which the CW was arrested.

8. Detectives Shall Not Utilize Persons Under 16 Years of Age as CWs

9. Detectives Shall Obtain Approval to Utilize Persons 16 or 17 Years of Age as CWs

The detective shall obtain approval from the Assistant Chief of the investigations bureau prior to use of these persons as CWs.

6.135-PRO-1 ACT Utilization of a Cooperating Witness(CW)

ACT Sergeant

1. Contacts a watch lieutenant requesting temporary approval to use a CW.

Watch Lieutenant

2. Reviews the request.

If the request if for use of a CW who has previously been used as such, contacts the appropriate follow-up unit sergeant for approval to utilize the CW.

3. Considers factors in the use of the CW such as:

  • Officer safety/life safety
  • Credibility of the CW
  • Threat assessment/risk analysis of the police operation
  • Availability of police resources

4. Considers disqualifying CWs when their arrest situation or criminal history includes:

  • Crimes of violence or assault
  • Domestic violence assault
  • Assaults on law enforcement

5. Consults the appropriate follow-up unit (if necessary)

6. Approves a temporary (5-day, one-time use) request.

ACT Sergeant

7. Assigns officer(s) to work with the CW.

ACT Officer(s)

8. Completes appropriate paperwork for the CW.

(See 6.135-TSK-1 Completing Cooperating Witness Forms and Preparing an Alert Packet)

6.135-TSK-1 Completing Cooperating Witness Forms and Preparing an Alert Packet

When completing forms associated with the use of a CW, an officer:

1. Completes the Cooperating Witness Checklist (form 22.7) prior to working with a CW.

2. Additionally, after receiving approval to work with a person as a Cooperating Witness, completes the following forms with the CW:

  • Cooperation Disclaimer (form 22.8)
  • Cooperation Release (form 22.9)

3. Prepares an Alert Packet for the appropriate follow-up unit including the following additional items:

  • Printout of the CW’s criminal history/NCIC III.
  • At least one officer statement which serves as a “police witness” to the CW’s words and actions related to the incident under which the CW’s testimony was obtained.

6.140 - Locating a Cell Phone during an Emergency

Effective Date: 05/07/2019

6.140-POL

1. A Lieutenant (Or an Acting Lieutenant) Will Screen and Approve Patrol Requests for Locating a Cell Phone During an Emergency as Defined Below

2. A Sergeant or Designee Will Contact the Technical and Electronic Support Unit (TESU) of the Investigation Support Unit to Screen and Coordinate Requests by Patrol to Locate a Cell Phone During an Emergency

Also see Find a Stolen Cell Phone flow chart.

3. Definition: Historic Information

  • Cell phone data that has previously been captured and stored by the cell phone service provider.
  • Cell site information becomes “historic” the instant after it has been saved to the cellular service provider’s computers.
  • This information is available to law enforcement with a search warrant, search warrant exception, consent to search, or when the Community Caretaking Warrant Exception applies).

4. Definition: Prospective Information

  • Cell phone data that shows the current or future use and location of a cell phone. ‘Pinging’ the cell phone generates prospective information. This requires an action on the part of the cell service provider to locate the cell phone.
  • This information is available to law enforcement with an existing pen register and/or trap and trace order or a qualifying pen/trap emergency. Even with a qualifying emergency, a pen register and/or trap and trace court order is required.

5. Definition: Community Caretaking Warrant Exception

  • Community caretaking function exception to the warrant requirement is totally divorced from a criminal investigation. The emergency aid doctrine arises from a police officer's community caretaking responsibility to come to the aid of persons believed to be in danger of death or physical harm. If the exception applies, police officers may conduct a noncriminal investigation so long as it is necessary and strictly relevant to performance of the community caretaking function. The noncriminal investigation must end when reasons for initiating an encounter are fully resolved.

6. Officers May Request Historic Information Using Community Caretaking Only When an Emergency Exists and:

  • Someone likely needs immediate assistance for health or safety reasons and,
  • A reasonable person in the same situation would similarly believe that there was a need for immediate assistance and,
  • There is a reasonable basis to believe that locating a cell phone is necessary to provide the needed assistance and,
  • The claimed emergency is not a mere pretext for an evidentiary search and,
  • The danger is such that even if the search warrant were diligently pursued, the emergency requires locating the cell phone before a warrant could be obtained.

7. Officers May Request Prospective Information Using a Qualifying Pen/Trap Emergency When:

  • An emergency situation exists that involves “immediate danger of death or serious bodily injury” and,
  • A qualified King County Prosecutor from the Special Operations Unit agrees with police that the above described emergency situation exists and,
  • There is a reasonable basis to believe that locating a cell phone is necessary to police ability to provide the needed assistance and,
  • The danger is such that, even if the pen/trap court order were diligently pursued, the emergency requires locating the cell phone before an order could be obtained.
  • The facts and circumstance support that a court could lawfully authorize the order if pursued.

8. Officers Will Document What Cell Phone Data Was Obtained in the Report

9. If Prospective Information Using a Qualifying Pen/Trap Emergency is Obtained, The Requesting Officer Must Complete the Pen Register and/or Trap and Trace Affidavit and Order Within 48 Hours

  • The officer will coordinate with TESU and the approving deputy prosecuting attorney.
  • The officer will take the order to a judge for signature and return the originals to the deputy prosecuting attorney for processing.
  • Failure to obtain the pen register and/or trap and trace affidavit and order within 48 hours of obtaining the information from the cell phone provider is a Gross Misdemeanor -- even if pen/trap usage has ceased prior to seeking an order.

6.140-PRO-1 Requesting the location of a cell phone

Officer

1. Recognizes the need to locate a cell phone.

2. Notifies a sergeant.

Sergeant

3. Screens the incident and determines, with the officer, which type of information is required.

4. Contacts TESU through Communications.

TESU Sgt/Det

5. Assists the sergeant in verifying the type of information that can be obtained.

6. Contacts the Special Operations Prosecutor if prospective information using a qualifying pen/trap emergency is required.

7. Provides direction and reporting requirements to the Patrol Sergeant.

Sergeant

8. Instructs the officer to complete the Cell Phone Location Request (form 22.4)

9. Notifies an on-duty Lieutenant of the request.

Lieutenant

10. Approves (if appropriate) the request and signs the completed Cell Phone Location Request form, returning the form to the Officer.

Officer

11. Delivers the approved Cell Phone Location Request form to Communications.

Communications

12. Follows their internal procedure to obtain the information from the cellular service provider.

13. Notifies the requesting officer of the results.

Officer

14. Completes the required Report and other paperwork and reporting requirements –See 6.140-TSK-1 (Officer Reporting).

Sergeant

15. Reviews and approves all related paperwork.

16. Follows-up with the officer that if a pen/trap order is obtained, then the officer completed the order affidavit requirements.

TESU

17. Records the incident for inclusion in a required monthly report that is sent to the King County Administrative Office of the Courts if a pen/trap order is required.

6.140-TSK-1 Officer Reporting

1. Sends the original Cell Phone Location Request to Data.

2. Compiles an Alert Packet that includes the Report, a copy of the Cell Phone Location Request, copies of any other documents associated with the incident.

a. The Report must include:

  • Facts supporting the Community Caretaking Warrant Exception if Historic Information is sought, or,
  • Facts supporting the qualifying pen/trap emergency if Prospective Information is sought.
  • The name of the TESU sergeant/detective that screened the incident,
  • The name of the Sergeant that screened the incident,
  • The name of the Lieutenant who approved obtaining the cell phone data.
  • The type of data that was obtained from the cellular service company and if the data assisted the investigation or resolution of the incident.
  • That the Cell Phone Location Request (form 22.4) was completed.

3. Sends the Alert Pack to TESU.

4. If prospective information is obtained, then completes the pen register and/or trap and trace affidavit and order within 48 hours of obtaining the information from the cell phone provider.

a. Coordinates with TESU and the approving deputy prosecuting attorney, who will sign off on the order.

b. Meets with a judge to obtain their signature on the order.

c. Returns the originals back to the deputy prosecuting attorney.

6.150 - Advising Persons of Right to Counsel and Miranda

Effective Date: 11/01/2020

6.150-POL

This policy applies to all sworn employees.

1. Officers Shall Advise All Arrestees of Their Full Miranda Rights

Officers shall give this advisement to all persons taken into custody, regardless of interview, as soon as practical. See Superior Court Rule CrR 3.1.

2. Miranda Warnings Must Precede Custodial Interview

Officers must give Miranda warnings before questioning a person who is in custody. (i.e. custodial interview)

- A juvenile’s age is a consideration in determining whether the juvenile would not feel free to leave. A child may be in custody for purposes of the Miranda rule when an adult in the same circumstances would not.

If the arresting officer is awaiting the arrival of a follow up detective, the officer may postpone the reading of Miranda and the interview.

3. Officers Must Include All Elements of Miranda and Establish Understanding

When advising a person of Miranda, officers will include the following statements:

- “You have the right to remain silent.”

- “Anything you say can be used against you in a court of law.”

- “You have the right at this time to talk to a lawyer and have your lawyer present with you while you are being questioned.”

- “If you cannot afford to hire a lawyer, one will be appointed to represent you before questioning, if you wish.”

Officers will establish that the suspect understands in one of two ways:

- By asking “Do you understand” after each of the four Miranda warnings, or

- By asking, “Do you understand each of these rights?” after reading all the warnings.

Officers may then begin asking questions.

If the arrestee makes a comment that causes the officer to believe that the arrestee might be requesting an attorney, officers will ask the arrestee to confirm, with a “yes” or “no” answer, whether the arrestee is requesting an attorney.

4.Officers Shall Read Additional Warning for Juveniles

When reading Miranda to a juvenile, officers shall include the following warning:

- “If you are under the age of 18, anything you say can be used against you in a juvenile court prosecution for a juvenile offense and can also be used against you in an adult court criminal prosecution if you are to be tried as an adult.”

A parent or guardian must waive the rights of a juvenile under the age of 12 and has the right to be present during the interview.

5. After Issuing Miranda Warnings, Officers Will Not Question Any Person Younger than 18 Years of Age or Request Consent from a Juvenile to Search Their Person, Property, Dwelling, or Vehicle Unless the Juvenile has Consulted With Legal Counsel

The youth’s legal consultation may be in person, by telephone, or by video conference and may not be waived, regardless of custody status. Nothing in this section affects the youth’s right to waive counsel after consultation.

After the youth has consulted with legal counsel, the youth may advise, have a parent or guardian advise, or direct legal counsel to advise, the officer as to whether the youth chooses to assert a Constitutional right. Any assertion of rights by the youth via legal counsel shall be treated by an officer as though it came from the youth.

Exception: Questioning a juvenile without legal counsel after issuing a Miranda warning may take place if:

1. The officer who issued the warning reasonably believes the information sought is necessary to protect life from an imminent threat; and

2. Delay to allow legal consultation by phone would hamper the protection of life from an imminent threat; and

3. The questioning is limited to matters reasonably expected to obtain information necessary to protect life from an imminent threat.

6. If a Juvenile Does not Have an Attorney, The Juvenile may Contact the King County Department of Public Defense 24 Hours a Day

The King County Public Defender’s Office may be reached at (206) 477-8899.

7. Attorney-Client Protected Conversations Will Not be Recorded

Officers providing juveniles right to counsel will protect the privacy of the juvenile’s attorney-client privileged communication. If a private room and phone at the precinct is not feasible, in-car video may be stopped to provide privacy during the consultation.

8. Officers Will Report Each Incident Invoking Exceptions to Juvenile Legal Counsel

The report will include:

1. The time the youth was given a Miranda warning;

2. The time the youth was questioned without legal consultation;

3. The reasons that justified questioning the youth without legal consultation;

4. The questions posed to the youth;

5. The youth’s name, age, and race; and

6. The name and badge number of the officer(s) involved in the incident.

On a quarterly basis, the Seattle Police Department will provide these reports to the Office of the Inspector General, the Seattle City Attorney’s Office, the King County Prosecuting Attorney’s Office and the Director of the King County Department of Public Defense providing copies of the records with the youth’s name redacted and replaced with initials.

9. Officers Shall Include Additional Warning for the Hearing-Impaired

When advising a person who is hearing-impaired of Miranda, officers shall include the following warning:

- “If you are hearing-impaired, the Seattle Police Department has the obligation to offer you an interpreter without cost and will defer interviews pending the appearance of the interpreter.”

See RCW 2.42.120 Appointment of interpreter — Responsibility for compensation — Reimbursement.

See Seattle Police Manual Section 15.250-Interpreters/Translators.

10. Officers Shall Provide Miranda in Appropriate Language

When advising a person who speaks limited English of Miranda, officers shall give Miranda warnings in an appropriate language to establish understanding.

11. Officers Shall Document the Advising of Miranda

Officers may document the Miranda advisement in at least one of the following ways:

- Explanation of Rights Form (English/ Spanish)

- Officer statement

- Department-approved recording device (This includes In-Car Video)

If officers are recording a custodial interview, the Miranda warnings must also be recorded, even if they have been previously given to the suspect.

See RCW 9.73.090 (1)(b)(iii)

See Manual Section 7.110-Recorded Statements.

12. Officers Shall Stop Questioning Once an Arrestee has Invoked the Right to a Lawyer

Once an arrestee invokes the right to counsel, officers shall stop questioning unless the suspect

reinitiates contact. Though officers may not ask further questions, they may document anything the arrestee says that is unsolicited.

Exception: Officers may continue questioning related to locating a kidnapped or missing person, or evidence, such as a gun, for public safety reasons.

13. Should an Arrestee Clearly Invoke the Right to Remain Silent, Officers Must Read Miranda Again if They Later Re-Initiate Contact

6.180 - Searches-General

Effective Date: 05/01/2020

This policy applies to searches conducted by Department employees.

1. Officers May Only Make Searches Pursuant to a Search Warrant, Unless a Specific Exception Applies

Officers will serve all search warrants in accordance with Seattle Police Manual Section 6.185 - Search Warrants.

Except as described in this policy, officers shall not conduct a search without a valid search warrant.  In each circumstance, officers are required to document in a Report or Field Contact that an exception to the warrant requirement applies.

6.180 – POL - 1- Community Caretaking Searches

The need to protect or preserve life, avoid serious injury or protect property in danger of damage may justify an entry that would otherwise be illegal absent an emergency.

It is important to remember that while an entry may be justified under the emergency doctrine, a warrant will generally need to be obtained prior to further investigation or seizure of evidence.

The emergency doctrine and the community-caretaking exception do not require probable cause but shall be motivated solely by the perceived need to render aid or assistance. Officers will act under a community caretaking role in emergency action, not in their evidence gathering role.

1. Officers May Perform Warrantless Community Caretaking Searches Under Specific Circumstances

Officers may conduct warrantless community caretaking searches when:

- The officer has subjective belief that someone likely needs assistance for health or safety concerns;

- Officers will attempt to rouse suspected unconscious persons prior to conducting searches. Suspected unconsciousness alone does not support a reasonable, objective belief of a need for immediate assistance. 

- A reasonable person in the same situation would similarly believe that there is need for assistance;

- There is a reasonable basis to associate the need for assistance with the place searched;

- There is an imminent threat of substantial bodily injury to persons or substantial damage to property;

- A specific person or persons or property need immediate help for health or safety reasons

2. Officers May Make a Limited Sweep of a Vehicle Under Specific Circumstances

Officers may make a limited sweep of a vehicle when:

- There is reasonable suspicion that an unsecured firearm is in the vehicle, and

- The vehicle will be impounded and towed from the scene.

3. Officers Must Cease a Search Immediately Upon Dispelling the Reason for the Noncriminal Investigation 

4. Officers Will Not Use Community Caretaking as Pretext for an Investigatory Search

6.180 – POL - 2- Consent Searches

1. Officers Conducting a Consent Search Will Ask the Consenting Person to Sign a Consent to Search form (form 9.54)

If the Consent to Search form is not available, officers will document the consent using another department authorized recording device, such as ICV, BWV, or digital recorder.

2. The Validity of the Consent Depends on Consent Being Given Voluntarily

The age, capacity for understanding, and education of the person are scrutinized by the court, as is the totality of the circumstances, including actual or perceived physical and mental coercion, exploitation and the authority of the person to give consent.  If consent is obtained after an officer notifies the person of the right to refuse consent, that can be considered an indicator of voluntariness.

Prior to conducting a consent search, officers are required to make a good faith effort to determine whether the consenting person has capacity to provide consent.  

3. Third-Party Consents Are Valid Under Certain Conditions

- Consent is valid if the third person has equal authority over the business or residence and it can be concluded the absent person assumed the risk the cohabitant (roommate) might permit a search. 

- All cohabitants (roommates) or business partners who are present must affirmatively provide their consent prior to the search.  Consent to search is not allowed if one cohabitant or business partner objects to the consent, even if another person gives permission.

- Parents and legal guardians may consent to search a minor’s living area if they have routine access to the area and the minor is not paying rent.

- Landlords cannot give consent to search if a lease or rental agreement is still valid.

6.180 – POL - 3- Exigent Circumstance Searches

1. Officers Will Not Conduct Warrantless Searches or Seizures Unless there is Both Subjective and Objectively Reasonable Basis to Believe that Exigent Circumstances Exist.

Factors to be considered by the court include:

- Is the crime involved a serious offense or crime of violence?

- Is there reasonable basis to believe the suspect is armed?

- Is there objectively reasonable basis to believe the suspect committed the crime?

- Is there objectively reasonable basis to believe the suspect is on the premises?

- Is there objectively reasonable basis to believe that the suspect is likely to escape if not swiftly apprehended?

- Did the police identify themselves and give the suspect a chance to surrender prior to entry?

- Was the entry made peaceably?

6.180 – POL – 4 Open View and Plain View Doctrines

Open View- The open view doctrine applies when the officer sees contraband or evidence from a vantage point available to the public. To seize the contraband or evidence, it must be located in an area open to the public and not protected by the Constitution.

- Police officers are not allowed to enter and seize contraband if the contraband is exposed to the public from a constitutionally protected place. For example: If officers see physical evidence of a crime in the window of a residence, they cannot enter the home, but have probable cause to seek a search warrant.

Plain View- The plain view doctrine applies when the police inadvertently discover contraband or evidence after making a lawful intrusion into a constitutionally protected area, such as a residence or a vehicle. The contraband or evidence must be immediately recognizable as such and be in plain view.

- The key to the plain view doctrine is being in the protected place with consent or on legitimate police business. Once the inadvertent discovery is made, officers may have probable cause to seek a search warrant for a more thorough search.

6.180 – POL – 5 Pat-Down / Frisk

The purpose and scope of a frisk is to discover weapons or other items which pose a danger to the officer or those nearby. It is not a generalized search of the entire person. The decision to conduct a frisk is based upon the totality of the circumstances and the reasonable conclusions drawn from the officer’s training and experience. Generally, the frisk will be limited to a pat-down of outer clothing. Once the officer ascertains that no weapon is present after the frisk is completed, the officer’s limited authority to frisk is completed (i.e. the frisk will stop).

6.180 – POL – 6 Search Incident-to-Arrest / Custodial Search

Search Incident-to-Arrest—Officers may, incident to a lawful arrest, search an arrestee’s person and the area within the arrestee’s immediate control.

Vehicles - After a person is arrested out of a vehicle, officers do not have authority to search the passenger compartment and locked or unlocked containers within the vehicle incident to arrest. One of the following must apply:

- Officers have consent to search,

- Exigent circumstances exist, or

- Officers are performing an inventory search pursuant to impoundment of the vehicle.  (Inventory searches do not include searches of locked containers or locked trunks.)

Residence - When a person is arrested in a residence, officers may only search the immediate area where the arrest occurred. Officers may only search other areas of the residence if:

- They reasonably believe that officer safety is threatened,

- There is a reasonable chance the arrested person might escape or destroy evidence.

Personal Items – Officers may only search personal items such as wallets, backpacks, or other bags if the subject had them in his or her actual and exclusive possession at or immediately preceding the time of his or her arrest.

Cell phones – Officers may not search digital information on a cell phone or other device without the owner’s consent or a search warrant.

Exception: Officers may search abandoned cell phones/electronic devices for the sole purpose of identifying the owner of the property. The search must cease upon identifying the owner of the property. If the officer views evidence of a crime on a device, the officer must cease the search and write a search warrant for the phone/device. 

6.180 – POL – 7 Custodial Searches

Officers shall thoroughly search the persons of all arrestees who are taken into custody.

1. Officers Will Conduct Custodial Searches as Soon as Possible After the Arrest and Before Transporting the Prisoner(s)

Evidence of any crime which is discovered in the course of a valid custodial search may be used to support whatever subsequent charge is appropriate.

2. Generally, Officers Will Not Search Suspects of the Opposite Gender

Officers may search suspects of the opposite gender if:

- there is a reasonable likelihood that the suspect possesses a weapon, or other object capable of causing injury or which could facilitate escape, or

- the officer believes the suspect possesses objects which constitute evidence, which if not seized immediately could be destroyed, lost, or lose their evidentiary value, or

- there is no officer of the same gender readily available to conduct the search.2. Officers Will Memorialize Custodial Searches via ICV and BWV

3. Searches Conducted on Transgender Subjects Will Comply with Manual Section 16.200 Interacting with Transgender Individuals

6.181 - Performing Inventory Searches

Effective Date: 05/07/2019

6.181-POL

This policy applies when an officer impounds a vehicle, takes possession of personal property for safekeeping, or for personal property that has accompanied an arrestee to a secure police or jail facility.

This policy does not apply to Evidence Unit staff who comply with procedures adopted by that unit.

This policy also does not apply to found property. See Seattle Police Manual Section 7.020 - Evidence, Private Property Collection & Release.

1. Inventory Searches Serve an Administrative Function

Inventory searches are not searches incident to arrest. They are administrative in nature and are necessary to:

  • Protect and account for property of the arrested person.
  • Protect the officer and Department from false claims.
  • Isolate dangerous items from police and jail facilities.

Inventory searches are not a substitute for obtaining a search warrant or consent.

Inventory searches of personal property or vehicles must occur as close in time as practical to placing an arrestee in a secure police or jail facility or impoundment of the vehicle.

2. Officers Will Inventory Vehicles and Personal Items

Officers will inventory the contents of all vehicles to be impounded and all personal property for safekeeping or that has accompanied an arrestee to a secure police facility.

Exception: Officers will not perform the inventory search if the entire vehicle, personal item, or contents are considered evidence or must remain untouched pending a search warrant.

Exception: If an arrestee is eligible for bail, officers will not inventory the arrestee’s property until after the arrestee has had the opportunity to post bail.

3. Vehicle Inventory Searches Do Not Include the Trunk, Closed Containers, or Locked Vehicles.

When impounding a vehicle to a tow company’s storage lot, officers may not enter or access the trunk or closed containers inside of the vehicle in an effort to perform an inventory search. Officers will list these closed containers as sealed units on the Vehicle Report or Custodial Property Summary. Officers will treat locked vehicles as a sealed unit.

Exception: Officers may inventory closed containers or the trunk if there is a reasonable belief that items inside may pose a danger to the officer or police facility. Officers must be able to articulate supporting facts.

4. Officers Will Place Valuable Items into Evidence

If an officer is inventorying a vehicle that contains cash, jewelry, or other items of significant value that cannot be secured inside the vehicle, then the officer will place those items into Evidence.

5. Officers Will Use the Designated Form to Document Inventories

Officers will use the Custodial Property Summary to document inventory searches.

Exception: Officers may use either the Tow/Impound Record or the Custodial Property Summary to document an inventory search of a vehicle.

6. CSI Personnel May Perform Inventory Searches for Follow-Up Units

As a courtesy to follow-up units, Crime Scene Investigations (CSI) detectives may perform the inventory search of a vehicle held in the vehicle processing room before releasing it to the owner. During these searches, CSI detectives may locate contraband or other suspicious items.

If the items found are illegal to possess, the CSI detective will seize the items and log them into evidence. If the detective believes that other items found may constitute evidence of a crime, the detective performing the inventory search will immediately end the search.

***In either situation, the detective will complete a supplement report and notify the follow-up unit named on the Vehicle Report. The named follow-up unit is responsible for the disposition or re-assignment of the case.***

6.185 - Search Warrants

Effective Date: 05/07/2019

6.185-POL

This policy applies to administrative, dynamic, and high-risk search warrants. For information specific to DUI blood warrants see Section 15.280-DUI Investigations.

1. Defining the Types of Search Warrants

Administrative Search Warrant – A warrant that is served in a police- controlled environment (e.g. police precinct, vehicle processing room) or is otherwise low-risk.

Dynamic Search Warrant – A warrant that is served where officers expect forced entry and it is unknown if persons present are armed. Though higher risk than an administrative warrant, it does not rise to the level of a high- risk warrant.

High-Risk Search Warrant - A warrant that is served where there are known armed persons at the location, or the location is barricaded.

2. Sergeants or Above Must Approve Search Warrants.

A sergeant or above approves administrative search warrant service.

A lieutenant or above approves dynamic and high-risk search warrant service.

If any high-risk factors are present, the lieutenant will consult with SWAT.

A captain or above approves search warrants to be served outside the city.

See 6.280- Warrant Arrests and Pre-Planned Arrest Operations for the approval process required for some warrant arrests.

3 Dynamic and High-Risk Warrants Require a Risk Assessment

When evaluating a dynamic or high-risk warrant, the sergeant or above will complete the SWAT Risk Assessment (form 12.2) See 6.185-PRO-2

4. SPD SWAT is the Designated Unit to Serve High-Risk Warrants

5. Warrants Served Outside the City Must Relate to Seattle Crime

In order for SPD personnel to serve a warrant outside the city, the warrant must be associated with criminal activity in Seattle.

Exception: A permanent captain or above may approve exceptions on a case-by-case basis.

6. Officer Must “Deconflict” Narcotics Warrants

The day before the planned warrant service, the detective or sergeant in charge of a narcotics search warrant must check the target location for simultaneous warrants or investigations by other law enforcement agencies. See 6.185-TSK-3

7. Outside Agencies May Serve SPD Warrants in Their City

For warrant service outside the city, SPD may allow local agencies to serve warrants in their jurisdiction if the agency chooses and has the ability.

If SPD serves the warrant, the SPD sergeant or above in charge of the warrant will notify a supervisor from the local agency and request the supervisor be present at the warrant execution.

8. Sergeant or Designee Writes Operations Order and Briefs/Debriefs

For dynamic and high-risk warrants, a sergeant or designee will write an operations order and conduct a tactical briefing, with all personnel involved, before the warrant service.  The operations order must be approved by the section chain of command.

The sergeant or designee will follow the warrant service with a debriefing for all personnel involved.

9. Sergeant or Above Completes After Action Report

For dynamic and high-risk warrants, the sergeant or above who was in charge of the warrant service will complete the After Action Report (form 28.1).

The sergeant will forward this report through the chain of command to the level of Bureau Chief.

10. Bureau Chief keeps After Action Report

The originating unit’s Bureau Chief will review and retain the After Action Report.

11. Officers Shall Not Call Judges’ Personal Numbers After Hours Without Approval

Officers will attempt to contact an on-call judge through SPD Communications.

A sergeant may authorize an officer to call a judge’s personal number if Communications cannot reach the on-call judge.

6.185-PRO-1 Administrative Search Warrant Procedure

Officer or Detective

1. Screens the anticipated warrant service with a sergeant or above

Sergeant or Above

2. Reviews the circumstances and any preliminary paperwork and approves if appropriate

Officer or Detective

3. Completes the search warrantsearch warrant using the forms in the Search Warrant Resource Center. See 6.185-TSK-1 or TSK-2

4. Serves the search warrant

5. Assembles a search warrant packet. See 6.185-TSK-1 or TSK-2

6. Files the warrant with the appropriate court and delivers copies to the SPD Data Center Unit. See 6.185-TSK-5, 6, or 7

a. If the case will be assigned for follow-up, sends the warrant packet to the appropriate follow-up unit for filing.

Detective

7. Files the warrant with Municipal or Superior court as indicated on the Search Warrant Packet Cover Sheet. See 6.185-TSK-5, 6, or 7

6.185-PRO-2 Dynamic and High-Risk Search Warrant Procedure

Officer or Detective

1. Screens the anticipated warrant service with a sergeant or above

Ultimate approval must be from a lieutenant or above.

Sergeant or Above

2. Reviews the circumstances and any preliminary paperwork

Officer or Detective

3. Completes the search warrant using the forms in the Search Warrant Resource Center. See 6.185-TSK-1 or TSK-2

a. While completing the warrant, contacts NWHIDTA or WSIN, if appropriate, to check the target location for conflicts. See 6.185-TSK-3

Sergeant or Above

4. Evaluates the warrant using the SWAT Risk Assessment (Form 12.2)

a. Consults with SWAT Lieutenant or SWAT Sergeant.

b. Re-screens the warrant with SWAT any time there is new information that increases the warrant’s risk.

5. Delivers the completed Risk Assessment back to the primary officer or detective for inclusion in the case packet

Investigating Unit or SWAT

6. Serves the search warrant per unit guidelines

Sergeant or Above

7. Completes the After Action Report (form 28.1)

8. Forwards the After Action Report to the Bureau Chief via the chain of command

Bureau Chief

9. Retains the After Action Report

Officer or Detective

10. Files the warrant with the appropriate court. See 6.185-TSK-5, 6, or 7

6.185-TSK-1 Completing the Search Warrant (In Person, Business Hours)

When writing a warrant and presenting it to a judge in person and during business hours, the officer or detective:

1. Completes the search warrant and affidavit using the forms in the Search Warrant Resource Center leaving the affidavit unsigned

2. Calls to arrange for a meeting with a judge to sign the warrant:

a. Superior Court (Felony/Other County)

b. Municipal Court (Misdemeanor Only)

Phone numbers for the above are available only to Seattle Police employees and are exempt from disclosure to the public by RCW 42.56.420(1)(a).

3. Serves the warrant

a. During the warrant service, completes the inventory and return of service.

4. Leaves a copy of the warrant and return of service at the location

(Does not leave any copies of the affidavit)

5. Completes the Search Warrant Cover Sheet

6. Assembles a warrant packet grouping the originals together and the copies together to include:

- Search Warrant Packet Cover Sheet

- Affidavit (+1 copy)

- Warrant (+1 copy)

- Return of Service (+1 copy)

- Inventory (+1 copy)

- After Action Report (if applicable, grouped with copies)

6.185-TSK-2 Completing a Felony Search Warrant (After Hours)

When writing a felony warrant after hours, the officer or detective:

1. Completes the search warrant and affidavit using the forms in the Search Warrant Resource Center in Ingress, leaving the affidavit unsigned

2. Obtains the Seattle Municipal Court hotline number from Communications personnel by calling 684-8640

3. Contacts the on-call judge via the hotline

4. Obtains approval from the judge per the judge’s instructions

a. If the warrant is telephonic, coordinates with Communications to have the call recorded and flagged for retention

5. Serves the warrant

a. During the warrant service, completes the inventory and return of service

6. Leaves a copy of the warrant and return of service at the location of the search

(Does not leave any copies of the affidavit)

7. Completes the Search Warrant Cover Sheet

8. Assembles a warrant packet grouping the originals together and the copies together to include:

- Search Warrant Packet Cover Sheet

- Affidavit (+1 copy)

- Warrant (+1 copy)

- Return of Service (+1 copy)

- Inventory (+1 copy)

- After Action Report (if applicable, grouped with copies)

6.185-TSK-3 Completing a Misdemeanor Warrant (After Hours)

When writing a misdemeanor warrant after hours, the officer or detective:

1. Determines they have probable cause to search for evidence of a misdemeanor crime (DUI, Vehicle Searches, etc.)

2. Drafts a search warrant and search warrant affidavit using the forms in the Search Warrant Resource Center.

3. Obtains approval of the draft from their sergeant

4. Obtains the Seattle Municipal Court hotline number from Communications personnel by calling 684-8640

5. Contacts the on-call judge via the hotline

6. Emails the completed search warrant and affidavit to judge

7. Serves the warrant

During the warrant service, completes the inventory and return of service

8. Leaves a copy of the warrant and return of service at the location of the search

(Does not leave any copies of the affidavit)

9. Completes the Search Warrant Cover Sheet

10. Assembles a warrant packet grouping the originals together and the copies together to include:

- Search Warrant Packet Cover Sheet

- Affidavit (+1 copy)

- Warrant (+1 copy)

- Return of Service (+1 copy)

- Inventory (+1 copy)

- After Action Report (if applicable, grouped with copies)

11. Files the warrant with the court as outlined in 6.185-TSK-7

6.185-TSK-4 Deconflicting the Search Warrant Location

Before conducting a narcotics search warrant, the officer or detective:

1. Obtains current phone number for High-Intensity Drug Trafficking Area (HIDTA) or Western States Information Network (WSIN) from one of the following (via Communications after hours):

- Narcotics

- Investigation Support

- SWAT

2. Gives the following information:

- Name and organization

- Call back number

- Address of target location and cross street

- Time of the operation

- Expected duration of the operation

- Type of drug

- Name of any other involved agency

3. For warrants to be served outside Seattle, contacts the local agency having jurisdiction

6.185-TSK-5 Filing the Search Warrant (District Court)

(Removed 10/23/20)

6.185-TSK-6 Filing the Search Warrant (Superior Court)

To file the warrant after service, the officer or detective:

1. Obtains the next available sequential warrant number online via King County Ingress

2. Writes the warrant number on the originals and the copies

3. Takes the originals to the Superior Court Clerk’s cashier counter located in room E609 on the 6th floor

4. Returns the copies of the warrant to the SPD Data Center Unit for scanning

6.185-TSK-7 Filing the Search Warrant (Seattle Municipal Court)

To file the warrant after service, the officer or detective:

1. Scans all documents related to the warrant into a .pdf file

2. Emails the documents to SMC_Search_Warrant_Return@seattle.gov

2a. Includes the Report Number in the subject line of the email

3. Sends the warrant packet containing originals to the Data Center in an Alert Packet

4. Receives confirmation email from the court for the warrant within 72 hours

6.210 - Strip Searches

Effective Date: 11/19/2007

POLICY

A sworn officer may strip search a person if the requirements of RCW 10.79 have been met. A sergeant shall authorize the strip search based on specific facts constituting reasonable suspicion or probable cause to believe the search was necessary.

Nothing in this section is intended to preclude officers from seizing and holding as evidence the clothing of a suspect whenever that clothing is reasonably believed to constitute evidence of a crime.

I. Definitions

A. A "strip search" is defined by the RCW as having a person remove or arrange some or all of their clothing so as to permit an inspection of the genitals, buttocks, anus, or undergarments of the person or breasts of a female.

II. Requirements

A. The person to be strip searched must be in custody at a precinct or jail holding facility. A Captain may adopt Section policies that authorize their personnel to conduct strip searches at locations other than precinct or jail holding facilities.

B. RCW 10.79.130 states that no person shall be strip searched without a warrant unless:

1. There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or any other thing concealed on the body of the person to be searched that constitutes a threat to the security of a holding, detention, or local correctional facility;

2. There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or

3. There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.

4. For this section a reasonable suspicion is deemed to be present when the person to be searched has been arrested for:

a. A violent offense as defined in RCW 9.94A.030(54);

b. An offense involving escape, burglary, or the use of a deadly weapon; or

c. An offense involving possession of a drug or controlled substance under RCW Chapter 69.41, 69.50, or 69.52.

C. A person who has not been arrested for an offense as defined in the previous subsection may be strip searched upon determination of reasonable suspicion or probable cause. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only after less-intrusive means have been used and shall be based on the consideration of all information and circumstances known to the sergeant authorizing the strip search, including, but not limited to, the following factors:

1. The nature of the offense for which the person to be searched was arrested.

2. The prior criminal record of the person to be searched.

3. Physically violent behavior of the person to be searched, during or after the arrest.

D. All of the factors that led to the determination of the sergeant to authorize the strip search shall be articulated on the Report and the Strip Search Record (form 17.7).

III. Procedures

A. A sergeant must screen the circumstances of the arrest and determine if the legal criteria for a strip search has been met prior to giving authorization for the search.

B. Less-intrusive means, such as pat-downs, metal detectors (where available) and clothing searches will be performed prior to the strip search.

C. Prior to conducting the strip search the officer and sergeant will explain to the subject why they are being strip searched and give the person the opportunity to voluntarily produce the suspected item. The person will be allowed to voluntarily produce the item only if the officer and sergeant believe that the item can be produced without compromising officer safety or risking destruction of evidence.

D. The strip search must be conducted and witnessed by officers of the same sex as the person to be searched.

E. The sergeant who has authorized the search will witness the strip search unless the sergeant is a different sex as the person being searched, in which case the sergeant will assign another officer of the appropriate sex to witness the search. The authorizing sergeant must remain at the location where the strip search is to take place.

F. The search will be done in private, where the search will not be viewed by anyone other than the officer conducting the strip search and the witness officer. The steps taken to assure the privacy of the strip search will be documented on the Strip Search Record (form 17.7).

G. Complete a Strip Search Record (form 17.7) with the following information:

1. The offense(s) for which the person was arrested.

2. The specific facts constituting reasonable suspicion or probable cause to believe the search was necessary.

3. The name and serial number of the sergeant authorizing the search.

4. The name and serial number of the officer conducting the search.

5. The name(s) of all other persons present during the search.

6. The time, date, and place of the search.

7. Any weapons, evidence, contraband, property, or health condition discovered as the result of the search.

H. The authorizing sergeant must review and approve the Strip Search Record (form 17.7) along with the Report.

6.220 - Voluntary Contacts, Terry Stops & Detentions

Effective Date: 01/01/2020

This policy applies to all sworn employees conducting voluntary contacts and/or stops/detentions based upon reasonable suspicion (Terry).

This policy does not apply to detentions based upon probable cause and community caretaking functions pursuant to RCW 71.05.153.

6.220 - POL – 1 Definitions

Seizure: A seizure occurs any time an officer, by means of physical force or show of authority, restricts the liberty of a person.  A seizure may also occur if an officer uses words, actions, or demeanor that would make a reasonable person believe that they are not free to leave.

Voluntary Contacts: During voluntary contacts, officers will not use any words, actions, demeanor, or other show of authority that would indicate that a person is not free to leave; voluntary contacts are not seizures.

Voluntary Contacts fall under two categories:

Social Contact: A voluntary and consensual encounter between the police and a subject with the intent of engaging in casual and/or non-investigative conversation. The subject is free to leave and/or decline any of the officer’s requests at any point; social contacts are not seizures.

Non-Custodial Interview: A voluntary and consensual investigatory interview that an officer conducts with a subject during which the subject is free to leave and/or decline any of the officer’s requests at any point; non-custodial interviews are not seizures.

Terry Stop: A brief, minimally intrusive seizure of a subject based upon articulable reasonable suspicion in order to investigate possible criminal activity. The stop can apply to people as well as vehicles. The subject of a Terry stop is not free to leave. A Terry stop is a seizure under both the state and federal constitutions.

- A Terry stop is a detention, based on reasonable suspicion, during which an officer may develop facts to establish probable cause or dispel suspicion.

- Stops and detentions initiated under probable cause will be made pursuant to Manual Sections:

- 6.010- Arrests;

- 6.280-Warrant Arrests;

- 16.230-Issuing Tickets and Traffic Contact Reports;

- 16.110-Crisis Intervention or;

- 15.020 - Charge-By-Officer

Reasonable Suspicion: Specific, objective, articulable facts, which, taken together with rational inferences, would create a well-founded suspicion that there is a substantial possibility that a subject has engaged, is engaging or is about to engage in criminal conduct.

-The reasonableness of a Terry stop is considered in view of the totality of the circumstances, the officer’s training and experience, and what the officer knew before the stop.

- During a stop, an officer may learn new information that can lead to additional reasonable suspicion or probable cause that a crime has occurred, but that new information cannot provide the justification for the original stop.

6.220 - POL – 2 Conducting a Terry Stop

1. Terry Stops are Seizures Based Upon Reasonable Suspicion

This policy prohibits Terry stops when an officer lacks reasonable suspicion that a subject has been, is, or is about to engage in the commission of a crime.

Searches and seizures by officers are lawful to the extent they meet the requirements of the 4th Amendment (see Terry v. Ohio, 392 U.S. 1 (1968), and Washington Constitution Art. 1, Section 7.

2. During a Terry Stop, Officers Will Limit the Seizure to a Reasonable Scope

Officers will articulate in their Report, the justification for the initiation, scope and duration of a Terry stop.

Actions that would indicate to a reasonable person that they are under arrest or indefinitely detained may convert a Terry stop to an arrest; however, taking any of these actions does not necessarily turn a Terry stop into an arrest.

Unless justified by the articulable reasons for the original stop, officers must have additional articulable justification for further limiting a person’s freedom during a Terry stop, such as:

- Taking a subject’s identification or driver license away from the immediate vicinity

- Ordering a motorist to exit a vehicle

- Putting a pedestrian up against a wall

- Directing a person to stand or remain standing, or to sit on a patrol car bumper or any other place not of their choosing

- Directing a person to lie or sit on the ground

- Applying handcuffs

- Transporting any distance away from the scene of the initial stop, including for the purpose of witness identification

- Placing a subject into a police vehicle

- Pointing a firearm at a person or occupied vehicle

- Frisking for weapons

- De minimis force

3. During a Terry Stop, Officers Will Limit the Seizure to a Reasonable Amount of Time

Subjects may be seized for only that period of time necessary to effect the purpose of the stop. Any delays in completing the necessary actions will be objectively reasonable.

Officers may not extend a detention solely to await the arrival of a supervisor.

4. During all Terry Stops, Officers Will Take Reasonable Steps to Be Courteous and Professional

When reasonable, as early in the contact as safety permits, the officer making contact with the subject (contact officer) will inform the suspect of the following:

- The officer’s name;

- The officer’s rank or title;

- The fact that the officer is a Seattle Police Officer;

- The reason for the stop; and

- That the stop is being recorded, if applicable (See 16.090 – In-Car and Body Worn Video).

When releasing a person at the end of a Terry stop, officers will advise the person that they are free to leave, offer an explanation of the circumstances and reasons for the Terry stop, and provide the person a business card with the event number as a receipt. Officers will not extend a detention to explain the Terry stop or provide a receipt.

5. Officers Cannot Require Subjects to Identify Themselves or Answer Questions on a Terry Stop

During a Terry stop, officers may request identification; however, subjects are not obligated to provide identification or information upon request.

Exceptions: As listed in 6.220—POL-3 Conducting a Detention to Issue a Notice of Infraction, Issue a Citation, and Other Exceptions.

6. Officers May Conduct a Frisk of Stopped Subject(s) Only if They Have an Articulable and Reasonable Safety Concern that the Person is Armed and Presently Dangerous

The purpose and scope of a frisk is to discover weapons or other items which pose a danger to the officer or those nearby. It is not a generalized search of the entire person. The decision to conduct a frisk is based upon the totality of the circumstances and the reasonable conclusions drawn from the officer’s training and experience.  Generally, the frisk will be limited to a pat-down of outer clothing.  Once the officer ascertains that no weapon is present after the frisk is completed, the officer’s limited authority to frisk is completed (i.e. the frisk will stop).

- A weapons frisk is a limited search determined by the state and federal constitutions.

- All consent searches will be conducted and memorialized via body-worn video, in-car video or signed consent form pursuant to Manual Section 6.180.

- Officers will not frisk for weapons on a social contact or noncustodial interview.

- A frisk will not be used as a pretext to search for incriminating evidence.

- The fact that a Terry stop occurs in a high-crime area is not by itself sufficient to justify a frisk.

Frisk factors may include, but are not limited to:

- Prior knowledge that the subject carries a weapon;

- Suspicious behavior, such as failure to comply with instructions to keep hands in sight; and

- Observations, such as suspicious bulges, consistent with carrying a concealed weapon.

7. Under Washington State Law, Traffic Violations Will Not Be Used as a Pretext to Investigate Unrelated Crimes

- Pretext is stopping a suspect for an infraction to investigate criminal activity for which the officer has neither reasonable suspicion nor probable cause.

- The Washington State Constitution forbids use of pretext as a justification for a warrantless search or seizure.

- Officers will consciously, and independently determine that a traffic stop is reasonably necessary in order to address a suspected traffic infraction.

8. Supervisors Will Screen All Incidents In-Person When an Officer Places Handcuffs on a Subject

Officers will not extend a detention solely to await the arrival of a supervisor.

When un-handcuffing a subject for release, the officer will immediately notify a supervisor, inform the subject that they are free to leave and inform them that a sergeant is en route to the scene.

- If the subject declines to speak with a supervisor or wishes to leave before the supervisor arrives, the officer will attempt to offer the subject the supervisor's contact information.

- If the subject decides to wait for the supervisor, the officer will wait at the location for the supervisor to arrive.

- If the subject does not wish to remain on-scene to speak with the supervisor, the officer may arrange to meet the supervisor at another location to screen the incident.

9. When Making an Arrest, Officers May Seize Non-Arrested Companions for Articulable and Reasonable Officer Safety Concerns

Officers will only maintain the seizure of non-arrested companions based on safety concerns for as long as the objective rationale for the seizure continues to exist.  The scope and nature of the seizure must be objectively reasonable based on the factors justifying the detention.

Officers will articulate objective safety concerns for the officers, the arrestee, their companions, or other persons when seizing non-arrested companions.

Factors to consider when seizing non-arrested companions include (but are not limited to):

- The type of arrest;

- The number of officers;

- The number of people present at the scene of the arrest;

- The time of day;

- The behavior of those present at the scene;

- The location of the arrest;

- The presence or suspected presence of a weapon;

- Officer knowledge of the arrestee or the companions; and/or

- Potentially affected persons

This is not an exhaustive list. Justification to detain non-arrested companions will be made based upon the totality of the circumstances.

6.220 - POL – 3 Conducting a Detention to Issue a Notice of Infraction, Issue a Citation, and Other Exceptions

1. Certain Statutory Exceptions Require the S