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General Policy Information

Preface

About and Contact

Audit, Policy & Research Unit Manual

Code of Ethics

Mission Statement and Priorities

Recently Updated

Cross Reference

Latest Revision Date: 10/28/2014

Title 1 - Department Administration

1.010 - Authority and Jurisdiction

1.020 - Chain of Command

1.030 - Department Span of Control Chart

1.040 - Budget

1.050 - Grants

1.060 - Consultant Contract Administration

1.070 - Training

1.080 - Inspection and Audits

1.090 - Ticket Chain of Custody

1.100 - Ticket Audits

1.110 - Media Relations

Title 2 - Department Employment

2.020 - Appointments and Probation

2.030 - Retirements and Separations

2.050 - Collective Bargaining and Contract Management

2.060 - Grievances

2.070 - Performance Evaluations

Title 3 - Employee Welfare

3.035 - Reasonable Accommodation (ADA)

3.040 – Airborne Pathogens Control

3.045 - Bloodborne Pathogens Exposure Control

3.050 - Coordinating Officer Fatalities

3.070 - Performance Mentoring Program

3.080 - Travel Training System

3.090 - Employee Recognition Awards Program

3.170 - Honoring Those Killed in the Line of Duty

3.270 - Police Charity Committee

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

3.330 - Workplace Safety

3.340 - Employee Involvement Committees_JLMC

Title 4 - Human Resources

4.000 - Employee Move Tracking System (EMT)

4.005 - Police Employee Data System (PEDS)

4.010 - Employee Time Off

4.015 - Restricted Time Off for a Pre-Planned Event

4.020 - Reporting and Recording Overtime/Out of Classification Pay

4.030 - Jury Duty

4.040 - Sick Leave

4.050 - On-Duty Illness or Injury

4.060 - Long Term Disability Benefits

4.070 - Limited Duty Assignments

4.080 - Pregnancy

4.090 - Leave of Absence Without Pay

4.100 – Family and Medical Leave

4.110 - Sick Leave Donation

4.120 - Domestic Violence, Sexual Assault, and Stalking Leave

4.130 - Military Leave

4.140 - Military Spouse/Domestic Partner Leave

4.150 - Funeral Leave

Title 5 - Employee Conduct

5.001 - Standards and Duties

5.002 - Responsibilities of Employees Concerning Complaints of Possible Misconduct

5.010 - Civil Actions

5.020 - Gifts and Gratuities

5.030 - Criminal Case Testimony

5.040 - EEO Complaints and Investigations

5.060 - Employee Political Activity

5.090 - Operations Bureau General Personnel Matters

5.100 - Operations Bureau Individual Responsibilities

5.120 - Secondary Employment

5.130 - Supervisor/Employee Relationships

5.140 - Bias-Free Policing

Bias-Free Policing Frequently Asked Questions (FAQ)

5.150 - Use of Private Vehicles for City Business

5.160 - Citizen Observation of Officers

5.170 - Alcohol and Substance Use

5.175 - Critical Incident Stress Management Communications

5.190 - Court Appearances and Legal Proceedings

5.200 - Americans With Disabilities Act

Title 6 - Arrests, Search and Seizure

6.010 - Reporting Arrests and Detentions

6.020 - Arrests and Detentions of Foreign Nationals

6.030 - Body Cavity Searches

6.060 - Collection of Information for Law Enforcement Purposes

6.120 - Impounding Vehicles

6.130 - Informant Management

6.135 - Cooperating Witnesses

6.140 - Locating a Cell Phone during an Emergency

6.150 - Advising Persons of Right to Counsel and Miranda

6.180 - Searches-General

6.181 - Performing Inventory Searches

6.185 - Search Warrants

6.210 - Strip Searches

6.220 - Voluntary Contacts and Terry Stops

6.250 - Use of Non-SPD Canines

6.280 - Warrant Arrests

6.290 - Juvenile Investigations and Arrests

Title 7 - Evidence and Property

7.010 - Submitting Evidence

7.020 - Found Property

7.030 - Firearms & Shell Casings

7.040 - Dangerous or Hazardous Evidence

7.050 - Checking Out Evidence for Court

7.060 - Releasing Evidence

7.070 - Converting Evidence for Department Use

7.080 - Money Evidence

7.090 - Photographic Evidence

7.100 - Fingerprint Evidence

7.110 - Recorded Statements

7.120 - Narcotics Evidence

7.130 – Narcotics Training Aid and Investigative Use Drug Property Release

7.140 – Firearm Training Aid and Investigative Use

7.150 - Non-Detainee Property for Safekeeping

Title 8 - Use of Force

8.000 - Use of Force Core Principles

8.050 - Use of Force Definitions

8.100 - Using Force

8.200 - Use of Force Tools

8.300 - Use of Force Reporting and Investigation

Use of Force Public Safety Statement Card

Investigating Supervisor Scene Guide

Investigating Supervisor Precinct Guide

Investigating Supervisor Documentation Guide

Involved Officer Statement Guide

Witness Officer Statement Guide

8.400 - Reviewing Use of Force

Reviewing Lieutenant Guide

Reviewing Captain Guide

8.500 - Firearms Discharge Investigations

Officer Involved Shooting-Public Safety Statement Card

8.600 - Review of Firearms Discharges

Use-of-Force Frequently Asked Questions (FAQ)

Title 9 - Equipment and Uniforms

9.010 - Employee Dress Standards

9.020 - Uniform

Uniform Reference Catalog

9.030 - Equipment

Equipment Reference Catalog

9.040 - Uniform and Equipment Committee

9.050 - Clothing Allowance and Reimbursement for Personal Property

9.060 - Firearms

9.065 - Firearms Training and Qualification

9.100 - Department Firearms Management

Title 10 - Police Facilities & Security

10.010 - Parking at Department Facilities

10.020 - Physical Security of Police Facilities

10.060 - Holding Cell Camera System

Title 11 - Detainee Management

11.010 - Detainee Management in Department Facilities

11.020 - Transportation of Detainees

11.030 - Guarding Detainees at a Hospital

11.040 - Booking Adult Detainees

11.050 - Detainee Property

Title 12 - Department Information Systems

12.010 - Communications

12.030 - Computer Hardware & Devices

12.040 - Computer Software

12.045 - Booking Photo Comparison Software

12.050 - Criminal Records

12.055 - Criminal Justice Research

12.060 - Department Forms Control

12.070 - Department Publications

12.080 - Department Records Access, Inspection & Dissemination

12.090 - Departmental Correspondence

12.091 - Mobile Reporting Entity (MRE) Laptops

12.110 - Use of Department E-mail & Internet Systems

12.111 - Use of Cloud Storage Services

12.120 - Telephone and Facsimile Machine Use

Title 13 - Vehicle Operations

13.010 - Collisions Involving Department Vehicles

13.015 - Collision Review Board

13.030 - Emergency Vehicle Operations

13.031 - Vehicle Eluding/Pursuits

13.040 - Patrol Operations Equipment, Police Vehicles and Facilities

13.050 - Policing by Mountain Bike

13.060 - Specialty Vehicles & Equipment

13.080 - Use of Department Vehicles

Title 14 - Emergency Operations

14.010 - After-Action Reports

14.040 - Hazardous Conditions

14.060 - Serious Incident Plan

14.070 - Serious Injury or Fatality to a Police Officer

14.080 - Task Force Mobilization

14.090 - Demonstration Management

ICS Debrief Form

14.100 - Special Event Planning

Title 15 - Primary Investigation

15.010 - Arson Investigations

15.015 – Bomb Threats and Explosive Devices

15.020 - Charge by Officer

15.055 - Death Investigations

15.080 - Follow-up Unit Notification and Follow-up Investigation

15.090 - Graffiti Incidents

15.100 - Kidnapping

15.120 - Malicious Harassment

15.130 - Missing Persons

15.140 - Narcotics Activity Report

15.150 - Narcotics

15.160 - Marijuana Enforcement

15.180 - Primary Investigations

15.185 - Vulnerable Adults-Elder Abuse and Neglect

15.190 - Theft and Recovery of Vehicle, License Plates, or License Tabs

15.200 - Retail Theft Program

15.210 - Investigating Property Held by a Pawnshop or Used-Goods Store

15.215 - Domestic Violence Firearms Seizures

15.220 - Child Welfare

15.230 - Animal Control

15.240 - Boating Accidents

15.250 - Interpreters/Translators

15.260 - Collision Investigations

15.270 - Trespass Warning Program

15.275 - Enforcing Trespass in Parks

15.280 - DUI Investigations

15.290 - Stay Out of Areas of Prostitution (SOAP)

15.300 - Stay Out of Drug Areas (SODA)-Define Boundaries

15.310 - Foreign Nationals Seeking Asylum

15.320 - Police Action on Military Reservations

15.330 - Responding to Threats and Assaults on Officers

15.340 - Robbery Response

15.350 - Significant Incident Report

15.360 - Mobile Identification Devices

15.370 - Sexual Assault Investigation

Title 16 - Patrol Operations

16.010 - Adult Entertainment

16.020 - Alley Closure

16.030 - Citizen Rider Program

16.040 - Community Police Teams

16.050 - Death Notifications

16.070 - Responding to Monitored Alarms

16.080 - Fireworks Disposal and Disposition

16.090 - In Car Video System

16.100 - Patrol Training and Publications

16.110 - Crisis Intervention

16.130 - Sick and Injured Persons

16.135 - Excited Delirium

16.140 - Traffic Direction and Control

16.150 - Snow and Ice Plan

16.160 - Ticket Vendors

16.170 - Automatic License Plate Readers

16.180 - Patrol Operations Order

16.190 - Labor Management Disputes

16.230 - Issuing Tickets and Traffic Contact Reports

16.231 - Cancelling and Voiding Tickets

16.240 - Mutual Assistance

16.250 - Interaction with the University of Washington Police Department

5.190 – Court Appearances & 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 684-7764 or 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 sergent 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.