Port Orchard Police Department Policy Manual 8-26-2024Port Orchard Police Department
Policy Manual
LAW ENFORCEMENT CODE OF ETHICS
As a law enforcement officer, my fundamental duty is to serve the community; to safeguard
lives and property; to protect the innocent against deception, the weak against oppression or
intimidation and the peaceful against violence or disorder; and to respect the constitutional rights
of all to liberty, equality and justice.
I will keep my private life unsullied as an example to all and will behave in a manner that does
not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger,
scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest
in thought and deed both in my personal and official life, I will be exemplary in obeying the law
and the regulations of my department. Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept ever secret unless revelation is necessary in
the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations,
animosities or friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and appropriately without
fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting
gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be
held so long as I am true to the ethics of police service. I will never engage in acts of corruption
or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally
authorized agencies and their representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my level of knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen
profession ... law enforcement.
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MISSION STATEMENT AND ORGANIZATIONAL VALUES
Mission
The Mission of the Port Orchard Police Department is to protect the lives, property, and rights of all
members of our community. We will work to reduce crime, and the fear of crime, while remaining
proactive and innovative in our approach to the enforcement of the law. Our community shall know
we are all members of one team through our transparency, accountability, and engagement.
Vision
The Port Orchard Police Department aims to be amongst the finest law enforcement agencies in
the State of Washington; one which constantly delivers the highest quality public service to make
the City of Port Orchard one of the safest communities in the nation.
Values
Service
Serving the Port Orchard community is our greatest honor and privilege. We will do so in an
impartial, courteous, responsive, efficient, and humble manner. We will work hand in hand with all
members of our community to solve problems that affect public safety.
Honor
We hold ourselves accountable to the highest standards of our profession while valuing equality,
diversity, and individual rights. Our badge is a symbol of public faith; we accept it as a public trust
so long as we are true to the ethics of our service.
Integrity
Integrity is our standard for we shall always do what is morally, ethically, and legally right. We are
honest and truthful in our words and actions. Our integrity will build trust and confidence, for this
is our defense against corruption.
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Policy Manual
Table of Contents
Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . . 1
Mission Statement and Organizational Values . . . . . . . . . . . . . . 2
Chapter 1 - Law Enforcement Role and Authority . . . . . . .
. . . . . . 8
100
- Law Enforcement Authority . . . . . . . . . . . . .
. . . . . . 9
101
- Law Enforcement Certification . . . . . . . . . . . .
. . . . . 11
102
- Oath of Office . . . . . . . . . . . . . . . . .
. . . . . . 12
103
- Policy Manual . . . . . . . . . . . . . . . . .
. . . . . . 13
Chapter 2 - Organization and Administration . . . . . . . . .
. . . . . 17
200
- Organizational Structure and Responsibility . . . . . . .
. . . . . . 18
201
- Concealed Pistol License . . . . . . . . . . . . .
. . . . . . 21
202
- Retiree Concealed Firearms . . . . . . . . . . . .
. . . . . . 26
203
- Administrative Communications . . . . . . . . . . .
. . . . . . 29
204
- Electronic Mail . . . . . . . . . . . . . . . . .
. . . . . 30
205
- Interim Directives . . . . . . . . . . . . . . . .
. . . . . 32
206
- Emergency Management Plan . . . . . . . . . . . .
. . . . . 33
207
- Training . . . . . . . . . . . . . . . . . . .
. . . . . . 35
208
- Strategic Planning . . . . . . . . . . . . . . . .
. . . . . 39
Chapter 3 - General Operations . . . . . . . . . . .
. . . . . . . . 40
300
- Use of Force . . . . . . . . . . . . . . .
. . . . . . . . 41
301
- Use of Force Review . . . . . . . . . . . .
. . . . . . . . 54
302
- Handcuffing and Restraints . . . . . . . . . .
. . . . . . . . 57
303
- Control Devices and Techniques . . . . . . . .
. . . . . . . . 63
304
- Conducted Energy Device . . . . . . . . . . .
. . . . . . . . 69
305
- Use of Deadly Force and In -Custody Deaths . . . . .
. . . . . . . . 76
306
- Firearms . . . . . . . . . . . . . . . .
. . . . . . . . 86
307
- Vehicle Pursuits . . . . . . . . . . . . . .
. . . . . . . . 96
308
- Officer Response to Calls . . . . . . . . . . .
. . . . . . . 109
309
- Canines . . . . . . . . . . . . . . . .
. . . . . . . . 113
310
- Domestic Violence . . . . . . . . . . . . .
. . . . . . . . 117
311
- Search and Seizure . . . . . . . . . . . . .
. . . . . . . 124
312
- Temporary Custody of Juveniles . . . . . . . . .
. . . . . . . 126
313
- Adult Abuse . . . . . . . . . . . . . . .
. . . . . . . . 133
314
- Discriminatory Harassment . . . . . . . . . .
. . . . . . . . 139
315
- Child Abuse . . . . . . . . . . . . . . .
. . . . . . . . 144
316
- Missing Persons . . . . . . . . . . . . . .
. . . . . . . 151
317
- Public Alerts . . . . . . . . . . . . . . .
. . . . . . . . 159
318
- Victim Witness Assistance . . . . . . . . . . .
. . . . . . . 165
319
- Hate Crimes . . . . . . . . . . . . . . .
. . . . . . . . 168
320
- Standards of Conduct . . . . . . . . . . . .
. . . . . . . . 171
321
- Information Technology Use . . . . . . . . . .
. . . . . . . . 178
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322
- Department Use of Social Media . . . . . . . . . . . .
. . . . 182
323
- Report Preparation . . . . . . . . . . . . . . . .
. . . . . 185
324
- Media Relations . . . . . . . . . . . . . . . . .
. . . . 189
325
- Subpoenas and Court Appearances . . . . . . . . . . .
. . . . 192
326
- Reserve Officers . . . . . . . . . . . . . . . . .
. . . . 194
327
- Outside Agency Assistance . . . . . . . . . . . . . .
. . . . 200
328
- Registered Offender Information . . . . . . . . . . . .
. . . . 204
329
- Major Incident Notification . . . . . . . . . . . . . .
. . . . 208
330
- Death Investigation . . . . . . . . . . . . . . . .
. . . . 210
331
- Identity Theft . . . . . . . . . . . . . . . . . .
. . . . 216
332
- Limited English Proficiency Services . . . . . . . . . . .
. . . . 217
333
- Communications with Persons with Disabilities. . . . . . .
. . . . . 225
334
- Child and Dependent Adult Safety . . . . . . . . . . .
. . . . . 233
335
- Service Animals . . . . . . . . . . . . . . . . .
. . . . 237
336
- Volunteer Program . . . . . . . . . . . . . . . .
. . . . . 240
337
- Off -Duty Law Enforcement Actions . . . . . . . . . . .
. . . . 246
338
- Native American Graves Protection and Repatriation. . . . . .
. . . . 248
339
- Extreme Risk Protection Orders . . . . . . . . . . . .
. . . . 250
340
- Transports . . . . . . . . . . . . . . . . . . .
. . . . 256
341
- Range Facilities . . . . . . . . . . . . . . . . .
. . . . . 260
342
- Community Health Navigator . . . . . . . . . . . . .
. . . . 263
343
- Tire Deflation Devices . . . . . . . . . . . . . . .
. . . . 266
Chapter 4 - Patrol Operations . . . . . . . . . . . .
. . . . . . . 268
400
- Patrol Function . . . . . . . . . . . . . . .
. . . . . . . 269
401
- Bias -Based Policing . . . . . . . . . . . . .
. . . . . . . 271
402
- Crime and Disaster Scene Integrity . . . . . . . .
. . . . . . . 274
403
- Special Weapons and Tactics Team . . . . . . . .
. . . . . . . 276
404
- Ride -Along Policy . . . . . . . . . . . . . .
. . . . . . . 279
405
- Hostage and Barricade Incidents . . . . . . . . .
. . . . . . . 282
406
- Hazardous Material Response . . . . . . . . . .
. . . . . . . 286
407
- Mobile Computer Terminal Use . . . . . . . . . .
. . . . . . . 289
408
- Shift Sergeants . . . . . . . . . . . . . . .
. . . . . . . 293
409
- Crisis Intervention Incidents . . . . . . . . . . .
. . . . . . . 294
410
- Bicycle Patrol Unit . . . . . . . . . . . . . .
. . . . . . . 300
411
- Public Recording of Law Enforcement Activity. . . . .
. . . . . . . 303
412
- Homeless Persons . . . . . . . . . . . . . .
. . . . . . . 306
413
- Medical Cannabis . . . . . . . . . . . . . .
. . . . . . . 309
414
- Foot Pursuits . . . . . . . . . . . . . . . .
. . . . . . 314
415
- Aircraft Accidents . . . . . . . . . . . . . .
. . . . . . . 319
416
- Contacts and Temporary Detentions . . . . . . . .
. . . . . . . 324
417
- Foreign Diplomatic and Consular Representatives. . . .
. . . . . . . 328
418
- Citation Releases . . . . . . . . . . . . . .
. . . . . . . 338
419
- Emergency Detentions . . . . . . . . . . . .
. . . . . . . 339
420
- Response to Bomb Calls . . . . . . . . . . . .
. . . . . . . 342
421
- Criminal Organizations . . . . . . . . . . . .
. . . . . . . 348
422
- Rapid Response and Deployment . . . . . . . . .
. . . . . . . 352
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423 -
Immigration Violations . . . . . . . . . . . .
. . . . . . . . 355
424 -
Obtaining Air Support . . . . . . . . . . . .
. . . . . . . . 360
425 -
Field Training Officer Program . . . . . . . . . .
. . . . . . . 361
426 -
Emergency Utility Service . . . . . . . . . . .
. . . . . . . 364
427
- Civil Disputes . . . . . . . . . . . . . . .
. . . . . . . 365
428 -
Medical Aid and Response . . . . . . . . . . .
. . . . . . . 368
429 -
First Amendment Assemblies . . . . . . . . . .
. . . . . . . 373
430 -
Civil Disturbances . . . . . . . . . . . . . .
. . . . . . . 379
432 -
Suspicious Activity Reporting . . . . . . . . . .
. . . . . . . 384
433 -
Response to Industrial Accidents . . . . . . . . .
. . . . . . . 386
434 -
Marine Patrol Unit . . . . . . . . . . . . .
. . . . . . . . 387
435 -
Body -Worn Cameras . . . . . . . . . . . . .
. . . . . . . 392
Chapter 5 - Traffic Operations . . . . . . . . . . . . .
. . . . . . 401
500 - Traffic Function and Responsibility . . . . . . . . .
. . . . . . 402
501 - Traffic Collision Reporting . . . . . . . . . . . .
. . . . . . 406
502 - Employee Involved Collisions . . . . . . . . . . .
. . . . . . 409
503 - Vehicle Towing . . . . . . . . . . . . . . . .
. . . . . . 412
504 - Vehicle Impound Hearings . . . . . . . . . . . .
. . . . . . 415
505 - Traffic Citations . . . . . . . . . . . . . . .
. . . . . . . 416
506 - Disabled Vehicles . . . . . . . . . . . . . . .
. . . . . . 418
507 - Vehicle Seizure and Forfeiture . . . . . . . . . . .
. . . . . . 420
508 - Unauthorized 24 Hour Vehicle Violations . . . . . . .
. . . . . . 423
509 - Impaired Driving . . . . . . . . . . . . . . .
. . . . . . 424
Chapter 6 - Investigation Operations . . . . . . . . . . . . . . .
. . 430
600
- Investigation and Prosecution . . . . . . . . . . . . . . .
. . 431
601
- Sexual Assault Investigations . . . . . . . . . . . . . . .
. . 439
602
- Asset Forfeiture . . . . . . . . . . . . . . . . . . . .
. . 444
603
- Informants . . . . . . . . . . . . . . . . . . . . .
. . 451
604
- Eyewitness Identification . . . . . . . . . . . . . . . . .
. . 457
605
- Unmanned Aircraft System (UAS) Operations. . . . . . . . . .
. . 461
606
- Brady Material Disclosure . . . . . . . . . . . . . . . . .
. 465
607
- Warrant Service . . . . . . . . . . . . . . . . . . . .
. 468
608
- Operations Planning, Case Activation, and Deconfliction Procedure. . .
. . 472
609
- Investigations Unit . . . . . . . . . . . . . . . . . . .
. . 481
610
- Forensic Genetic Genealogy . . . . . . . . . . . . . . . .
. 486
Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . . . 490
700 - Department Owned and Personal Property . . . . . . . . . . . . . 491
701 - Personal Communication Devices . . . . . . . . . . . . . . . . 494
702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . . 498
703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . . 500
704 - Cash Handling, Security and Management . . . . . . . . . . . . . 505
705 - Personal Protective Equipment . . . . . . . . . . . . . . . . . 506
Chapter 8 - Administrative Services . . . . . . . . . . . . . . . . . 511
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800
- Crime Analysis . . . . . . . . . . . . . . .
. . . . . . . 512
801 -
Property and Evidence . . . . . . . . . . . .
. . . . . . . 513
802
- Records Unit . . . . . . . . . . . . . . . .
. . . . . . 525
803 -
Records Maintenance and Release . . . . . . . .
. . . . . . . 530
804 -
Protected Information . . . . . . . . . . . . .
. . . . . . . 536
805 -
Animal Control . . . . . . . . . . . . . . .
. . . . . . . 539
Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . . 543
900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . . 544
901 - Custodial Searches . . . . . . . . . . . . . . . . . . . . 552
902 - Biological Samples . . . . . . . . . . . . . . . . . . . . . 558
Chapter 10 - Personnel . . . . . . . . . . . . . . .
1000 - Recruitment and Selection. . . . . . . . . . .
1001 - Evaluation of Employees. . . . . . . . . . . .
1002 - Special Assignments, Transfers, and Promotions. . . .
1003 - Anti -Retaliation . . . . . . . . . . . . . . .
1004 - Reporting of Arrests, Convictions, and Court Orders. . .
1005 - Sick Leave . . . . . . . . . . . . . . . .
1006 - Drug- and Alcohol -Free Workplace. . . . . . . .
1007 - Communicable Diseases. . . . . . . . . . . .
1008 - Smoking and Tobacco Use. . . . . . . . . . .
1009 - Personnel Complaints. . . . . . . . . . . .
1010 - Seat Belts . . . . . . . . . . . . . . . .
1011 - Body Armor . . . . . . . . . . . . . . . .
1012 - Personnel Records . . . . . . . . . . . . .
1013 - Commendations and Awards. . . . . . . . . .
1014 - Fitness for Duty . . . . . . . . . . . . . .
1015 - Meal Periods and Breaks. . . . . . . . . . .
1016 - Payroll Records . . . . . . . . . . . . . .
1017 - Overtime Compensation Requests. . . . . . . .
1018 - Outside Employment . . . . . . . . . . . . .
1019 - Occupational Disease and Work -Related Injury Reporting.
1020 - Personal Appearance Standards. . . . . . . . .
1021 - Uniform Regulations . . . . . . . . . . . . .
1022 - Nepotism and Conflicting Relationships. . . . . . .
1023 - Domestic Violence Involving Law Enforcement Employees.
1024 - Department Badges . . . . . . . . . . . . .
1025 - Temporary Modified Duty Assignments. . . . . . .
1026 - Employee Speech, Expression and Social Networking. .
1027 - Line -of -Duty Deaths . . . . . . . . . . . . .
1028 - Accident, Illness and Injury Prevention. . . . . . .
1029 - Discipline . . . . . . . . . . . . . . . . .
1030 - Peer Support . . . . . . . . . . . . . . .
1031 - Wellness Program . . . . . . . . . . . . . .
1032 - Fitness Facility . . . . . . . . . . . . . . .
561
562
567
571
573
576
578
580
583
588
589
599
601
603
608
611
614
615
616
618
625
627
630
637
640
646
648
652
656
668
673
677
680
687
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Attachments . . . . . . . . . . . . . . . . . . . .
Port Orchard Police Department - Respiratory Protection Program.pdf.
Interim Directive 23-003.pdf. . . . . . . . . . . . . .
Washington State Law Enforcement Records Retention Schedule.pdf.
Interim Directive 22-003.pdf. . . . . . . . . . . . . .
Interim Directive 23-001.pdf. . . . . . . . . . . . . .
Interim Directive 22-001.pdf. . . . . . . . . . . . . .
Interim Directive 22-002.pdf. . . . . . . . . . . . . .
Interim Directive 23-002.pdf. . . . . . . . . . . . . .
689
690
691
692
693
694
695
696
697
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Table of Contents - 7
Port Orchard Police Department
Policy Manual
Chapter 1 - Law Enforcement Role and Authority
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Law Enforcement Authority
100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Port Orchard Police
Department to perform their functions based on established legal authority.
100.2 POLICY
It is the policy of the Port Orchard Police Department to limit its members to only exercise the
authority granted to them by law.
While this department recognizes the power of peace officers to make arrests and take other
enforcement action, officers are encouraged to use sound discretion in the enforcement of the
law. This department does not tolerate abuse of law enforcement authority.
100.3 PEACE OFFICER POWERS
Sworn members of this department are authorized to exercise peace officer powers pursuant to
applicable state law.
100.3.1 ARREST AUTHORITY
The arrest authority of the Port Orchard Police Department includes (RCW 10.31.100):
(a) When a peace officer has probable cause to believe that a person has committed or
is committing a felony, the officer shall have the authority to arrest the person without
a warrant.
(b) A peace officer may arrest a person without a warrant for committing a misdemeanor or
gross misdemeanor only when the offense is committed in the presence of an officer,
except as provided in RCW 10.31.100 (e.g., when there is probable cause for certain
offenses that involve domestic violence, driving under the influence, motor vehicle
accidents).
(c) A peace officer may arrest a person in compliance with an arrest warrant. Prior to
serving an arrest warrant, officers will:
1. Make reasonable efforts to ensure the person to be arrested is the person named
on the warrant by verifying:
(a) Complete name,
(b) Date of birth,
(c) Social security number, and,
(d) Physical identifiers (scars, marks, tattoos listed on the warrant).
2. Confirm the warrant with the issuing agency, verifying that the warrant is still
active and that they will extradite.
100.4 CONSTITUTIONAL REQUIREMENTS
All members shall observe and comply with every person's clearly established rights under the
United States and Washington Constitutions.
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Law Enforcement Authority
100.4.1 ADVISEMENT OF RIGHTS
Federal case law requires that officers advise a person who is in custody, or the functional
equivalent of arrest, of their right to counsel prior to interrogation. Washington criminal court rules
require that police advise an arrestee of the right to counsel after making an arrest.
The language used to advise suspects is on the card issued to each employee for that purpose.
NOTE: It may be necessary for the employee to testify in court as to the precise language used
to warn the suspect of his/her rights and the precise language by which the suspect waived these
rights.
100.5 INTERSTATE PEACE OFFICER POWERS
Peace officer powers may be extended to other states:
(a) As applicable under interstate compacts, memorandums of understanding or mutual
aid agreements in compliance with the laws of each state.
(b) When an officer enters Idaho or Oregon in fresh pursuit of a person believed to have
committed a felony (Idaho Code 19-701; ORS 133.430).
When an officer makes an arrest in Idaho or Oregon, the arresting officer shall cause the person
to be taken without delay to a magistrate in the county where the arrest was made (Idaho Code
19-702; ORS 133.440).
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Law Enforcement Certification
101.1 PURPOSE AND SCOPE
All sworn officers employed by the Port Orchard Police Department shall receive certification by
CJTC prior to assuming law enforcement duties and responsibilities and shall begin attending
an approved academy within the first six months of employment. Successful completion of basic
training is a requisite to the continuation of employment.
As a condition of continuing employment, all sworn officers employed by the Port Orchard Police
Department shall maintain the basic certification as peace officers.
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Oath of Office
102.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that oaths, when appropriate, are administered to
department members.
102.2 POLICY
It is the policy of the Port Orchard Police Department that, when appropriate, department members
affirm the oath of their office as an expression of commitment to the constitutional rights of those
served by the Department and the dedication of its members to their duties.
102.3 OATH OF OFFICE
All department members, when appropriate, shall take and subscribe to the oaths or affirmations
applicable to their positions (RCW 43.101.021).
If a member is opposed to taking an oath, he/she shall be permitted to substitute the word "affirm"
for the word "swear."
102.3.1 OFFICER'S OATH
I, (Officer's name), having been duly appointed as a (Rank) for the City of Port Orchard,
Washington, do solemnly swear, that I will faithfully and impartially perform the duties of my
appointment, as prescribed by law, to the best of my ability, and that I will support and enforce the
ordinances of the City of Port Orchard, the laws and the Constitution of the State of Washington
and the Constitution of the United States of America.
102.4 MAINTENANCE OF RECORDS
The oath of office shall be maintained in the employee's personnel file and filed in accordance
with the established records retention schedule and any applicable state and/or local law.
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Policy Manual
103.1 PURPOSE AND SCOPE
The manual of the Port Orchard Police Department is hereby established and shall be referred to
as the Policy Manual or the manual. The manual is a statement of the current policies, rules and
guidelines of this department. All members are to conform to the provisions of this manual.
All prior and existing manuals, orders and regulations that are in conflict with this manual are
rescinded, except to the extent that portions of existing manuals, procedures, orders and other
regulations that have not been included herein shall remain in effect, provided that they do not
conflict with the provisions of this manual.
103.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered
as guidelines. It is recognized that the work of law enforcement is not always predictable and
circumstances may arise which warrant departure from these guidelines. It is the intent of this
manual to be viewed from an objective standard, taking into consideration the sound discretion
entrusted to members of this department under the circumstances reasonably available at the
time of any incident.
103.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract
nor any employment rights or entitlements. The policies contained within this manual are for the
internal use of the Port Orchard Police Department and shall not be construed to create a higher
standard or duty of care for civil or criminal liability against the City, its officials or members.
Violations of any provision of any policy contained within this manual shall only form the basis
for department administrative action, training or discipline. The Port Orchard Police Department
reserves the right to revise any policy content, in whole or in part.
103.2.2 COMMAND STAFF
Command staff shall consist of the following:
• Chief of Police
• Operations Deputy Chief of Police
• Administrative Services Deputy Chief of Police
Command staff shall review all recommendations regarding proposed changes to the manual at
staff meetings.
103.2.3 OTHER PERSONNEL
All department employees suggesting revision of the contents of the Policy Manual shall forward
their suggestion, in writing, to their Deputy Chief who will consider the recommendation and
forward to the Chief of Police.
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103.3 AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of the
provisions of this manual and shall ensure compliance with all applicable federal, state and local
laws. The Chief of Police or the authorized designee is authorized to issue Interim Directives,
which shall modify those provisions of the manual to which they pertain. Interim Directives shall
remain in effect until such time as they may be permanently incorporated into the manual.
103.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual,
unless it is apparent from the content that they have a different meaning:
Adult - Any person 18 years of age or older.
CFR - Code of Federal Regulations.
City - The City of Port Orchard.
Professional staff - Employees and volunteers who are not sworn peace officers.
CJTC - The Criminal Justice Training Commission.
Department/POPD - The Port Orchard Police Department.
DOL - The Department of Licensing.
Employee - Any person employed by the Department.
Juvenile - Any person under the age of 18 years.
Manual - The Port Orchard Police Department Policy Manual.
May - Indicates a permissive, discretionary, or conditional action.
Member - Any person employed or appointed by the Port Orchard Police Department, including:
• Full- and part-time employees
• Sworn peace officers
• Reserve, auxiliary Officers
• Professional staff employees
• Volunteers
Officer - Those employees, regardless of rank, who are sworn peace officer employees of the
Port Orchard Police Department.
On -duty - A member's status during the period when he/she is actually engaged in the
performance of his/her assigned duties.
Order - A written or verbal instruction issued by a superior.
Peace officer - Includes any "general authority Washington peace officer," "limited authority
Washington peace officer," and "specially commissioned Washington peace officer" (RCW
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10.93.020). Peace officers are generally referred to as officers in this manual (Washington State
Office of the Attorney General Model Use of Force Policy).
Rank - The title of the classification held by an officer.
RCW - Revised Code of Washington (Example: RCW 9.41.040).
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to
conform.
Supervisor - A person in a position of authority that may include responsibility for hiring,
transfer, suspension, promotion, discharge, assignment, reward, or discipline of other department
members, directing the work of other members or having the authority to adjust grievances. The
supervisory exercise of authority may not be merely routine or clerical in nature but requires the
use of independent judgment.
The term "supervisor" may also include any person (e.g., officer -in -charge, lead or senior worker)
given responsibility for the direction of the work of others without regard to a formal job title, rank,
or compensation.
When there is only one department member on -duty, that person may also be the supervisor,
except when circumstances reasonably require the notification or involvement of the member's
off -duty supervisor or an on -call supervisor.
USC - United States Code.
WAC - The Washington Administrative Code (Example: WAC 296-24-567).
WSP - The Washington State Patrol.
103.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all members on the department
network for viewing and printing. No changes shall be made to the manual without authorization
from the Chief of Police or the authorized designee.
Each member shall acknowledge that he/she has been provided access to, and has had the
opportunity to review the Policy Manual and Interim Directives. Members shall seek clarification
as needed from an appropriate supervisor for any provisions that they do not fully understand.
103.6 PERIODIC REVIEW OF THE POLICY MANUAL
The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as
necessary
103.7 REVISIONS TO POLICIES
All revisions to the Policy Manual will be provided to each member on or before the date the policy
becomes effective. Each member will be required to acknowledge that he/she has reviewed the
revisions and shall seek clarification from an appropriate supervisor as needed.
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Members are responsible for keeping abreast of all Policy Manual revisions.
Each supervisor will ensure that members under his/her command are aware of any Policy Manual
revision.
All department members suggesting revision of the contents of the Policy Manual shall forward
their written suggestions to their supervisor, who will consider the recommendations and forward
them to the command staff as appropriate.
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Chapter 2 - Organization and Administration
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Organizational Structure and Responsibility
200.1 PURPOSE AND SCOPE
This policy establishes the organizational structure of the Department and defines general
responsibilities of department members.
200.2 POLICY
The Port Orchard Police Department will implement and maintain an organizational structure that
provides clear and identifiable roles for command, control, and guidance of the Department. Each
position and assignment should have clearly identified responsibilities and a defined chain of
command.
200.3 DIVISIONS
The Chief of Police is responsible for administering and managing the Port Orchard Police
Department and has the authority to spend funds in the approved budget for its day-to-day
operation. There are two divisions in the Police Department as follows:
• Administrative Services Division
• Operations Division
200.3.1 ADMINISTRATIVE SERVICES DIVISION
The Administrative Services Division is commanded by Administrative Services Deputy Chief,
whose primary responsibility is to provide general management, direction, and control for the
Administrative Services division. The Administrative Services Division consists of property/
evidence, records, administrative services, and the General Investigations Unit.
200.3.2 OPERATIONS DIVISION
The Operations Division is commanded by the Operations Deputy Chief, whose primary
responsibility is to provide general management direction and control for the Operations Division.
The Operations Division consists of the Patrol Unit, which includes uniformed personnel and
reserves.
200.4 COMMAND PROTOCOL
200.4.1 SUCCESSION OF COMMAND
The Chief of Police exercises command over all members of the Port Orchard Police Department.
During planned absences, the Chief of Police will designate a Deputy Chief to serve as the acting
Chief of Police.
Except when designated as above, the order of command authority in the absence or unavailability
of the Chief of Police will be established by rank and then seniority within the rank.
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200.4.2 UNITY OF COMMAND
The principles of unity of command ensure efficient supervision and control within the Department.
Generally, each member shall be accountable to one supervisor at any time for a given assignment
or responsibility. Except where specifically delegated authority may exist by policy or special
assignment (e.g., canine, bicycle patrol), any supervisor may temporarily direct any subordinate
if an operational necessity exists.
200.5 CHAIN -OF -COMMAND
Chain of command refers to levels of authority in the Department. The chain of command provides
employees at all levels with a supervisor to whom they may ask questions and report problems.
When employees don't follow the established chain of command, they undermine the authority
of their direct supervisor. When an employee communicates a problem to a higher level of
authority, bypassing their direct supervisor, the supervisor doesn't have an opportunity to correct
the problem.
Managers, while familiar with higher -level strategies and planning, may not be prepared to correct
operational issues or the day-to-day activities of front-line employees. It's more efficient to direct
complaints or report problems to the supervisor or manager at the lowest level before escalating
the issue to upper -management employees.
Employees will conduct Department business through the chain of command unless procedures
or orders from proper authority dictate otherwise.
Exceptions to abiding by the chain of command are:
(a) An emergency situation where an employee's immediate supervisor cannot be
consulted with, the next higher level of command should be consulted.
(b) An employee who is reporting actions or work issues involving their immediate
supervisor may consult the next higher level of command. Complaints of misconduct
or work issues involving the Chief of Police will be made to Human Resources.
(c) An employee meeting with a command -level officer above the rank of their immediate
supervisor for the purpose of discussing personal or private matters that may be
relevant to the workplace. The employee should notify the immediate supervisor of the
intended meeting but need not discuss the private or personal details to be discussed
at the meeting.
200.6 INCIDENT COMMAND
200.6.1 ON -SCENE COMMAND
Only one person shall be in command and responsible for any specific incident. In general,
command of an incident will be determined by which officer was assigned the call or which officer
arrives on -scene first.
A supervisor may assume command of an incident at any time by announcing to those present
at the scene and over the radio that they have assumed command. A superior ranked officer's
appearance on the scene does not automatically place them in charge of that scene, unless
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they assume control and announce they are taking command. If the superior ranked officer does
not announce assumption of command but begins giving significant direction or countermands
previously given instructions, on -scene personnel should clarify if the superior officer has assumed
incident command. A request by a superior ranked officer for a briefing from on -scene personnel,
or the making of minor recommendations does not constitute assumption of incident command
by the superior officer.
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Policy Manual
Concealed Pistol License
201.1 PURPOSE AND SCOPE
The Chief of Police is given the statutory responsibility to issue, monitor, and revoke a license
to carry a concealed pistol to residents within the community (RCW 9.41.070). This policy will
provide a written process for the application, issuance, and revocation of such licenses.
201.2 QUALIFIED APPLICANTS
All applicants for a concealed pistol license shall qualify to receive such a license unless the
applicant is ineligible for a license or to possess a pistol under any of the following conditions
(RCW 9.41.070):
(a) The applicant is ineligible or is prohibited to possess a firearm under the provisions of
RCW 9.41.040, RCW 9.41.045 or federal law.
(b) The applicant's concealed pistol license is in a revoked status.
(c) The applicant is under twenty-one years of age.
(d) The applicant is subject to a court order or injunction regarding firearms.
(e) The applicant is free on bond or personal recognizance pending trial, appeal, or
sentencing for a felony offense.
(f) The applicant has an outstanding warrant for his/her arrest from any court of
competent jurisdiction for a felony or misdemeanor.
(9) The applicant has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within
one year before filing an application to carry a pistol concealed on his/her person.
(h) The applicant has been convicted of a felony or is otherwise restricted from possessing
a firearm unless the person has been granted relief from disabilities by the United
States Attorney General under 18 USC § 925(c), or RCW 9.41.040(3) or (4) applies.
Non-immigrant aliens are not eligible for concealed pistol licenses. However, they may be eligible
for an alien firearm license for the purposes of hunting and sport shooting, subject to certain
eligibility requirements. Any non-immigrant alien who wishes to obtain an alien firearm license
should be directed to apply to the sheriff in the county in which he/she resides (RCW 9.41.173).
201.3 APPLICATION PROCESS AND RENEWAL
The Chief of Police has 30 days after the filing of an application of any person to issue a license
to carry a concealed pistol. If the applicant does not have a valid permanent Washington driver
license or identification card or has not been a resident of the state for the previous consecutive 90
days, the Chief of Police has 60 days to issue a license. The Chief of Police must accept completed
applications for concealed pistol licenses during regular business hours (RCW 9.41.070).
The Chief of Police is required to check with the National Instant Criminal Background Check
System, the Washington State Patrol (WSP) electronic database, the Department of Social
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and Health Services electronic database, and with other agencies or resources as appropriate,
to determine whether the applicant is ineligible under RCW 9.41.040 or RCW 9.41.045, or is
prohibited under federal law to possess a firearm and therefore ineligible for a concealed pistol
license. This check applies for a new concealed pistol license or to renew a concealed pistol
license.
A background check for an original license shall be conducted through the WSP Criminal
Identification Section and shall include a national check from the Federal Bureau of Investigation
through the submission of fingerprints. The applicant may request and receive a copy of the results
of the background check from the Chief of Police (RCW 9.41.070).
The license application shall bear the full name, residential address, telephone number and/
or email address at the option of the applicant, date and place of birth, race, gender, physical
description, not more than two complete sets of fingerprints, and signature of the licensee, and
the licensee's driver license number or state identification card number if used for identification in
applying for the license. A signed application for a concealed pistol license shall constitute a waiver
of confidentiality and written request that the Department of Social and Health Services, mental
health institutions, and other health care facilities release information relevant to the applicant's
eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
If the applicant is not a United States citizen, the applicant must provide his/her country of
citizenship, United States -issued alien number or admission number, and the basis for any
exemptions from federal prohibitions on firearm possession by aliens. The applicant shall not be
required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen
of the United States shall meet the additional requirements of RCW 9.41.173 and provide proof
of compliance (RCW 9.41.070).
The application for an original license shall include a complete set of fingerprints to be forwarded
to the WSP (RCW 9.41.070(4)).
201.3.1 REQUIRED WARNINGS
The license and application shall contain a warning substantially as follows:
"CAUTION: Although state and local laws do not differ, federal law and state law on the possession
of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be
prosecuted in federal court. A state license is not a defense to a federal prosecution."
The license shall contain a description of the major differences between state and federal law and
an explanation of the fact that local laws and ordinances on firearms are preempted by state law
and must be consistent with state law (RCW 9.41.070). The application shall contain questions
about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of
birth, and whether the applicant is a United States citizen.
201.3.2 DOCUMENTATION AND FEES
The Chief of Police shall deliver the original license to the licensee, within seven days send the
duplicate to the Director of Licensing, and shall preserve the triplicate or other form prescribed
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by the Department of Licensing for six years after the license has expired, been voided or
revoked, or as otherwise provided in the department's established records retention schedule
(RCW 9.41.070(4)).
The nonrefundable fee for the original five-year license must be paid upon application. Additional
charges imposed by the Federal Bureau of Investigation are payable by the applicant. No other
state or local branch or unit of government may impose any additional charges on the applicant
for the issuance of the license.
A nonrefundable fee for the renewal of such license, or the replacement of lost or damaged
licenses is required of the licensee. No other branch or unit of government may impose any
additional charges on the licensee for the renewal of the license.
Payment shall be by cash, check, or money order at the option of the applicant. Additional methods
of payment may be allowed at the option of the Chief of Police.
201.4 LICENSE RENEWAL
A licensee may renew a license if the licensee applies for renewal within 90 days before or after
the expiration date of the license. A license so renewed shall take effect on the expiration date
of the prior license. A licensee renewing after the expiration date of the license must pay a late
renewal penalty in addition to the renewal fee (RCW 9.41.070(9)).
An active -duty member of the armed forces who is unable to renew his/her license within the
prescribed time period because of assignment, reassignment, or deployment for out-of-state
military service may renew his/her license by the department -established mail renewal procedures
or within 90 days after returning to Washington state. Verification for this concealed pistol license
renewal exception is subject to the requirements of RCW 9.41.070.
201.5 TEMPORARY EMERGENCY LICENSE
The Chief of Police may issue a temporary emergency license for good cause to an applicant
who resides within his/her jurisdiction pending review. However, a temporary emergency license
issued under this subsection shall not exempt the holder of the license from any records
check requirement. The Chief of Police shall assure temporary emergency licenses are easily
distinguishable from regular licenses (RCW 9.41.070).
201.6 SUSPENSION OF LICENSES
The Chief of Police shall suspend any license issued pursuant to this policy immediately upon
notice from the Department of Licensing that the person has been detained under RCW 71.05.150
or RCW 71.05.153 on the grounds that the person presents a likelihood of serious harm due to
a behavioral health disorder (RCW 9.41.049).
The license shall remain suspended for a period of six months from the date the person was
released from the behavioral health disorder detention or upon notice from the Department of
Licensing of a restoration order (RCW 71.05.182; RCW 9.41.047(3)(f)).
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201.7 REVOCATION OF LICENSES
The Chief of Police shall revoke any license issued pursuant to this policy immediately upon (RCW
9.41.075(1)):
(a) Discovery that the person was ineligible under RCW 9.41.070 for a concealed pistol
license when applying for the license or license renewal.
(b) Conviction of the licensee of an offense, or commitment of the licensee for mental
health treatment, that makes a person ineligible under RCW 9.41.040 to possess a
firearm.
(c) Conviction of the licensee for a third violation of RCW Chapter 9.41 within five calendar
years.
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(e) Upon notification from the Department of Licensing that the licensee has lost the
licensee's right to possess a firearm as identified in RCW 9.41.047.
(f) Receipt of an order to surrender and prohibit weapons or an extreme risk protection
order, other than an ex parte temporary protection order, issued against the licensee.
201.7.1 INELIGIBILITY
Upon discovering a person issued a concealed pistol license was ineligible for the license, the
Chief of Police shall contact the Department of Licensing to determine whether the person
purchased a pistol while in possession of the license. If the person did purchase a pistol while
in possession of the concealed pistol license, and if the person may not lawfully possess a
pistol without a concealed pistol license, the Chief of Police shall require the person to present
satisfactory evidence of having lawfully transferred ownership of the pistol. The Chief of Police
shall require the person to produce the evidence within fifteen days of the revocation of the license
(RCW 9.41.075(2)).
201.7.2 FIREARM FORFEITURE
When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the Chief of Police shall
(RCW 9.41.075(3)):
(a) On the first forfeiture, revoke the license for one year.
(b) On the second forfeiture, revoke the license for two years.
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)
(d) may not reapply for a new license until the end of the revocation period.
The Chief of Police shall notify the Department of Licensing in writing of the revocation of a license.
201.8 RESIDENCY
The Chief of Police may issue a license to an applicant if the applicant resides within this City.
The Chief of Police may issue a license to nonresident of the state in accordance with these
procedures and state law.
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201.9 RECIPROCITY
The Chief of Police will recognize the validity of a concealed pistol license issued from another
state if the laws of that state recognize and give effect to a concealed pistol license issued under
the laws of the State of Washington (RCW 9.41.073). A nonresident so licensed is authorized to
carry a concealed pistol in this state if:
(a) The licensing state does not issue concealed pistol licenses to persons under twenty-
one years of age, and
(b) The licensing state requires mandatory fingerprint -based background checks of
criminal and mental health history for all persons who apply for a concealed pistol
license, and
(c) The Chief of Police will honor such a license only while the license holder is not a
resident of this state. A license holder from another state must carry the handgun in
compliance with the laws of this state.
201.10 CONFIDENTIAL RECORDS
Mental health information received by the Chief of Police pursuant to RCW 9.41.047, RCW
9.41.070, RCW 9.41.090 or RCW 9.41.173 is exempt from disclosure except as provided in RCW
42.56.240 (RCW 9.41.097). Disclosure of information otherwise obtained in the licensing process
shall be limited as defined by RCW 42.56.240.
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Retiree Concealed Firearms
202.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the issuance, denial, suspension or
revocation of Port Orchard Police Department identification cards under the Law Enforcement
Officers' Safety Act (LEOSA) (18 USC § 926C).
202.2 POLICY
It is the policy of the Port Orchard Police Department to provide identification cards to qualified
former or retired officers as provided in this policy.
202.3 LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any qualified former
officer of this department who (18 USC § 926C(c)):
(a) Separated from service in good standing from this department as an officer.
(b) Before such separation, had regular employment as a law enforcement officer for an
aggregate of 10 years or more or, if employed as a law enforcement officer for less
than 10 years, separated from service after completing any applicable probationary
period due to a service -connected disability as determined by this department.
(c) Has not been disqualified for reasons related to mental health.
(d) Has not entered into an agreement with this department where the officer
acknowledges that he/she is not qualified to receive a firearm qualification certificate
for reasons related to mental health.
(e) Is not prohibited by federal law from receiving or possessing a firearm.
202.3.1 LEOSA IDENTIFICATION CARD FORMAT
The LEOSA identification card should contain a photograph of the former officer and identify him/
her as having been employed as a an officer.
If the Port Orchard Police Department qualifies the former officer, the LEOSA identification card
or separate certification should indicate the date the former officer was tested or otherwise found
by the Department to meet the active duty standards for qualification to carry a firearm.
202.3.2 AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may
carry a concealed firearm under 18 USC § 926C when he/she is:
(a) In possession of photographic identification that identifies him/her as having been
employed as a law enforcement officer, and one of the following:
1. An indication from the person's former law enforcement agency that he/she has,
within the past year, been tested or otherwise found by the law enforcement
agency to meet agency -established active duty standards for qualification in
firearms training to carry a firearm of the same type as the concealed firearm.
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2. A certification, issued by either the state in which the person resides or by a
certified firearms instructor who is qualified to conduct a firearms qualification
test for active duty law enforcement officers within that state, indicating that the
person has, within the past year, been tested or otherwise found to meet the
standards established by the state or, if not applicable, the standards of any
agency in that state.
(b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(c) Not prohibited by federal law from receiving a firearm.
(d) Not in a location prohibited by Washington law or by a private person or entity on his/
her property if such prohibition is permitted by Washington law.
202.4 WASHINGTON IDENTIFICATION CARD
The Chief of Police may issue an identification card to a retired officer of this department for the
purposes of carrying a concealed weapon within the State of Washington under RCW 9.41.060
who:
(a) Has retired in good standing from this department.
(b) Did not retire because of a mental or stress -related disability.
(c) Has not been convicted or found not guilty by reason of insanity of a crime making
him/her ineligible for a concealed pistol license.
A Washington identification card for retired officers must be requested, in writing, prior to the
officer's last day of service. If issued, the identification card must document all of the above
qualifications (RCW 9.41.060).
Any retired person receiving such an identification card shall abide by all of the other requirements
of this policy that are applicable to a LEOSA identification card.
202.5 FORMER OFFICER RESPONSIBILITIES
A former officer with a card issued under this policy shall immediately notify the Chief of Police
of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in
accordance with the Reporting of Employee Convictions Policy.
202.5.1 RESPONSIBILITIES UNDER LEOSA
In order to obtain or retain a LEOSA identification card, the former officer shall:
(a) Sign a waiver of liability of the Department for all acts taken related to carrying a
concealed firearm, acknowledging both his/her personal responsibility as a private
person for all acts taken when carrying a concealed firearm as permitted by LEOSA
and also that these acts were not taken as an employee or former employee of the
Department.
(b) Remain subject to all applicable department policies and federal, state and local laws.
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(c) Demonstrate good judgment and character commensurate with carrying a loaded and
concealed firearm.
(d) Successfully pass an annual criminal history background check indicating that he/she
is not prohibited by law from receiving or possessing a firearm.
202.6 FIREARM QUALIFICATIONS
The Rangemaster may provide former officers from this department an opportunity to qualify.
Written evidence of the qualification and the weapons used will be provided and will contain the
date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons
used.
If provided, the qualification shall include the firearms course and certificate developed by the
Washington Association of Sheriffs and Police Chiefs (RCW 36.28A.090).
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Administrative Communications
203.1 PURPOSE AND SCOPE
Administrative communications of this department are governed by the following policies.
203.2 MEMORANDUMS
Memorandums may be issued periodically by the Chief of Police to announce and document all
promotions, transfers, hiring of new personnel, separations, personnel and group commendations,
or other changes in status.
203.3 CORRESPONDENCE
In order to ensure that the letterhead and name of the Department are not misused, all external
correspondence shall be on department letterhead. All department letterhead shall bear the
signature element of the Chief of Police. Personnel should use department letterhead only for
official business and with approval of their supervisor.
203.4 SURVEYS
All surveys made in the name of the Department shall be authorized by the Chief of Police.
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Policy Manual
Electronic Mail
204.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of the
Department electronic email system by employees of this department. Email is a communication
tool available to employees to enhance efficiency in the performance of job duties and is
to be used in accordance with generally accepted business practices and current law (e.g.,
Washington Public Disclosure Act). Messages transmitted over the email system must only be
those that involve official business activities or contain information essential to employees for the
accomplishment of business -related tasks and/or communication directly related to the business,
administration, or practices of the Department.
204.2 EMAIL RIGHT OF PRIVACY
All email messages, including any attachments, that are transmitted over department networks are
considered department records and therefore are the property of the department. The Department
reserves the right to access, audit or disclose, for any lawful reason, any message, including any
attachment, that is transmitted over its email system or that is stored on any department system.
The email system is not a confidential system and therefore is not appropriate for confidential
communications. If a communication must be confidential, an alternative method to communicate
the message should be used. Employees using the department email system shall have no
expectation of privacy concerning communications transmitted over the system.
Employees should not use personal accounts to exchange email or other information that is related
to the official business of the Department.
204.3 SECTION TITLE
All members shall check their email and respond accordingly at least once per workday, generally
at the beginning of their shift.
204.4 PROHIBITED USE OF EMAIL
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, and harassing or
any other inappropriate messages on the email system will not be tolerated and may result in
discipline.
Email messages addressed to the entire department are only to be used for official business
related items that are of particular interest to all users. Personal advertisements are not
acceptable.
It is a violation of this policy to transmit a message under another user's name. Users are
strongly encouraged to log off the network when their computer is unattended. This added security
measure would minimize the misuse of an individual's email, name and/or password by others.
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204.5 EMAIL RECORD MANAGEMENT
Email may, depending upon the individual content, be a public record under the Washington Public
Records Act and must be managed in accordance with the established records retention schedule
and in compliance with state law.
The Public Records Officer shall ensure that email messages are retained and recoverable as
outlined in the Records Maintenance and Release Policy.
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Policy Manual
Interim Directives
205.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for issuing Interim Directives.
205.2 RESPONSIBILITIES
205.2.1 COMMAND STAFF
Command staff shall periodically review Interim Directives to determine whether they should be
incorporated into the Policy Manual and, as appropriate, will recommend necessary modifications
to the Chief of Police.
205.2.2 CHIEF OF POLICE
Only the Chief of Police or the authorized designee may approve and issue Interim Directives.
205.3 ACCEPTANCE OF INTERIM DIRECTIVES
All members shall be provided access to the Interim Directives. Members shall acknowledge that
they have been provided access to and have had the opportunity to review the Interim Directives.
Members shall seek clarification as needed from an appropriate supervisor for any provisions they
do not fully understand.
205.3.1 CONFIRMATION OF RECEIPT
Members are required to digitally acknowledge the receipt and review of any new Interim
Directives. Digital receipts showing a member's acknowledgment shall be maintained within
Lexipol.
205.4 POLICY
Interim Directives will be used to modify policies of the Port Orchard Police Department when an
immediate need to adapt a policy or procedure exists, in order to best meet the mission of the
Department. Applicable collective bargaining agreements, memorandums of understanding, and
other alternatives should be considered before a Interim Directive is issued.
205.5 PROTOCOL
Interim Directives will be incorporated into the Policy Manual, as required, upon approval. Interim
Directives will modify existing policies or create a new policy as appropriate and will be rescinded
if incorporated into the manual.
The Administrative Services Deputy Chief or the authorized designee should ensure that all Interim
Directives are disseminated appropriately. Interim Directives should be numbered consecutively
and incorporate the year of issue. All members will be notified when an Interim Directive is
rescinded or has been formally adopted into the Policy Manual.
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Emergency Management Plan
206.1 PURPOSE AND SCOPE
The City has prepared an Emergency Management Plan Manual for use by all employees in the
event of a major disaster, civil disturbance, mass arrest or other emergency event. The manual
provides for a strategic response by all employees and assigns specific responsibilities in the
event the plan is activated.
The City Emergency Management Plan is written in accordance with the State of Washington's
comprehensive emergency management plan and program, and has been approved for local use
(RCW 38.52.070). This plan provides guidance for City emergency operations within and outside
its borders.
206.1.1 PORT ORCHARD CODES
An emergency management organization has been established by the City of Port Orchard. This
ordinance has been approved by the City Council (WAC 118-30-050).
206.2 ACTIVATING THE EMERGENCY PLAN
The Emergency Management Plan may be activated by the Chief of Police, the highest ranking
official on -duty or a responder who is at the scene of a major emergency.
Upon activation of the plan, the Chief of Police or the authorized designee should, if the need is
anticipated, contact the State Emergency Operations Center to assist with a mutual aid response
in which local, state and federal law enforcement agencies provide resources to this department.
206.2.1 RECALL OF PERSONNEL
In the event that the Emergency Management Plan is activated, all employees of the Port Orchard
Police Department are subject to immediate recall. Employees may also be subject to recall
during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized
designee.
Failure to respond to an order to report for duty may result in discipline.
206.3 LOCATION OF EMERGENCY MANAGEMENT PLAN
The manual for the employees is available in Administrative Services, the Shift Supervisor's
office, the squad room, and in Kitsap 911. All supervisors should familiarize themselves with
the Emergency Management Plan and what roles police personnel will play when the plan is
implemented. The Administrative Services Deputy Chief should ensure that all personnel receive
periodic training on the Emergency Management Plan.
The Administrative Services Deputy Chief or the authorized designee shall ensure that all copies
of the Emergency Management Plan manual are kept current and available to all personnel.
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206.4 BUILDING EVACUATION PLAN
In the event of a disaster or emergency which requires evacuation of the public safety services
building, all employees shall follow implemented evacuation plans and posted exit strategies. The
posted exit strategies shall include any special directions for physically impaired employees (WAC
296-24-567).
206.5 UPDATING OF MANUALS
The Chief of Police or the authorized designee shall review the Emergency Management Plan
Manual at least once every two years to ensure that the manual conforms to any revisions made
by the National Incident Management System (NIMS) (WAC 118-30-060(7)).
206.6 TRAINING
The City provides training in the Emergency Management Plan for appropriate personnel as
needed. All supervisors should familiarize themselves with the Emergency Management Plan and
the roles police personnel will play when the plan is implemented. Training should incorporate a
full or partial exercise, tabletop, or command staff discussion.
Every sworn member of the agency will complete the National Incident Management System
(NIMS) introductory training course(s).
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Training
207.1 PURPOSE AND SCOPE
This policy establishes general guidelines for how training is to be identified, conducted, and
documented. This policy is not meant to address all specific training endeavors or identify every
required training topic.
207.2 POLICY
The Department shall administer a training program that will meet the standards of federal, state,
local, and the Washington Criminal Justice Training Commission (CJTC) training requirements.
It is a priority of this department to provide continuing education and training for the professional
growth and development of its members.
207.3 OBJECTIVES
The objectives of the Training Program are to:
(a) Enhance the level of law enforcement service to the public.
(b) Increase the technical expertise and overall effectiveness of department members.
(c) Provide for continued professional development of department members.
(d) Ensure compliance with CJTC rules and regulations concerning law enforcement
training.
207.4 TRAINING PLAN
The training plan should include the anticipated costs associated with each type of training,
including attendee salaries and backfill costs. The plan should include a systematic and detailed
method for recording all training for all members.
Updates and revisions may be made to any portion of the training plan at any time it is deemed
necessary.
The plan will address all required training.
207.4.1 GOVERNMENT -MANDATED TRAINING
The following lists, while not all inclusive, identify training that is required under state and federal
laws and regulations. Additional required training may be identified in individual policies.
(a) Federally mandated training:
1. National Incident Management System (NIMS) training
(b) State -mandated training:
1. All officers will successfully complete an annual in-service training program of
no less than 24 hours that includes the training required by the CJTC (WAC
139-05-300).
(a) Successful completion of the CJTC's two-hour annual online crisis
intervention course shall be included in the 24 hours (RCW 43.101.427).
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2. All officers must complete a minimum of 40 hours of continuing de-escalation
and mental health training every three years as provided in WAC 139-11-020
and WAC 139-11-060.
(a) This training may substitute the annual 24 hours in-service requirement
under WAC 139-05-300 in the year the officer completes the 40-hour
violence de-escalation training.
3. All supervisors and managers will complete appropriate training and obtain
certification as required by CJTC (RCW 43.101.350).
4. Members who will serve as school resource officers shall receive training for
school resource officers (RCW 28A.400.345).
(a) Training shall include the subject requirements of the safety and security
staff training program developed by the educational service districts and
be completed within the required timeframe (RCW 28A.310.515; RCW
28A.400.345).
(b) Training shall include review of applicable school district policies and
procedures of duties and responsibilities of school resource officers (RCW
28A.320.124).
5. All officers shall complete gender -based violence incident response training
required by RCW 43.101.276.
6. Any request for exemption, waiver, extension, or variance from any requirement
of CJTC training must be made under WAC 139-03-030 and corresponding
information be made available to the public in accordance with the Records
Maintenance and Release Policy (WAC 139-11-030).
207.5 TRAINING COMMITTEE
The Administrative Services Deputy Chief may establish a Training Committee, on a temporary
or as -needed basis, which will assist with identifying training needs.
The Training Committee should be composed of at least three members, with the senior ranking
member of the committee acting as the chairperson. Committee members should be selected
based on their abilities at post -incident evaluation and at assessing related training needs. The
Administrative Services Deputy Chief may remove or replace members of the committee at their
discretion.
The Training Committee should review certain incidents to determine whether training would likely
improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to
an incident. Specific incidents the Training Committee should review include but are not limited to:
(a) Any incident involving the death or serious injury of a member.
(b) Incidents involving a high risk of death, serious injury, or civil liability.
(c) Incidents identified by the Department to determine possible training needs.
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The Training Committee should convene on a regular basis as determined by the Administrative
Services Deputy Chief to review the identified incidents. The committee shall determine by
consensus whether a training need exists and then submit written recommendations of its findings
to the Administrative Services Deputy Chief. The recommendation should not identify specific
facts of any incidents, such as identities of members involved or the date, time, and location of
the incident, but should focus on the type of training being recommended.
Command staff will consider the recommendations of the committee and determine what training
should be addressed, taking into consideration the mission of the Department and available
resources.
207.5.1 RESPONSIBILITIES
Employees are responsible for maintaining a level of knowledge that will keep them abreast of
current techniques, concepts, laws and requirements of their profession. This includes keeping
abreast of current case law and new enactments of the laws. This information can be found
in publications such as the Law Enforcement Digest (L.E.D.) on the Washington State Criminal
Justice Training Commission website.
207.6 DAILY TRAINING BULLETINS
The Lexipol Daily Training Bulletins (DTBs) are contained in a web -accessed system that provides
training on the Port Orchard Police Department Policy Manual and other important topics.
Generally, one training bulletin is available for each day of the month. However, the number of
DTBs may be adjusted by the Deputy Chief.
Members assigned to participate in DTBs shall only use login credentials assigned to them by the
Deputy Chief. Members should not share their password with others and should frequently change
their password to protect the security of the system. After each session, members should log off
the system to prevent unauthorized access. The content of the DTBs is copyrighted material and
shall not be shared with others outside of the Department.
Members who are assigned to participate in the DTB program should complete each DTB at
the beginning of their shifts or as otherwise directed by their supervisor. Members should not
allow uncompleted DTBs to build up over time, and may be required to complete DTBs missed
during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the
DTB system can be accessed from any Internet -enabled computer, members shall only take DTBs
as part of their on -duty assignments unless directed otherwise by a supervisor.
Supervisors will be responsible for monitoring the progress of those under their command to
ensure compliance with this policy.
207.7 DEPUTY CHIEF
The Chief of Police has designated the Administrative Services Deputy Chief as responsible for
developing, reviewing, updating, and maintaining the department training plan so that required
training is completed. The Administrative Services Deputy Chief should review the training plan
annually.
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207.8 TRAINING ATTENDANCE
(a) All members assigned to attend training shall attend as scheduled unless previously
excused by their immediate supervisor. Excused absences should be limited to:
1. Court appearances.
2. Previously approved vacation or time off.
3. Illness or medical leave.
4. Physical limitations preventing the member's participation.
5. Emergency situations or department necessity.
(b) Any member who is unable to attend training as scheduled shall notify their supervisor
as soon as practicable but no later than one hour prior to the start of training and shall:
1. Document the absence in a memorandum to the member's supervisor.
2. Make arrangements through their supervisor or the Deputy Chief to attend the
required training on an alternate date.
207.9 TRAINING RECORDS
The Administrative Services Deputy Chief is responsible for the creation, filing, and storage of all
training records. Training records shall be retained in accordance with the established records
retention schedule.
207.9.1 TRAINING DOCUMENTATION
Detailed records shall be kept of all in-service training sponsored by or presented on behalf of the
Port Orchard Police Department. Records should minimally include:
• An overview of the course content and/or an instructor lesson plan.
• Names and agency contact information of all attendees.
• Instructor credentials or resume.
• Individual attendee test results (if applicable).
• A course completion roster.
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Strategic Planning
208.1 PURPOSE AND SCOPE
It is the policy of the Port Orchard Police Department to engage in the ongoing strategic planning
process that focuses on the future direction of the department, assessing the department's
current goals, and developing and implementing strategies to move forward toward these goals.
The strategic plan identifies the department's mission, vision, values, goals, objectives, and
performance measures.
208.2 DEVELOPING THE STRATEGIC PLAN
The strategic planning process shall be a combined effort of the staff. Command staff should
obtain input from the employees and appropriate stakeholders in the development of the plan.
The plan shall include the following:
(a) Long-term goals.
(b) Objectives which break down the agency goals into smaller more specific pieces and
describe the measurable results expected to be accomplished within a given time
period.
(c) Strategies which describe how objectives will be achieved.
(d) Anticipated workload and population trends.
1. Service demand / calls for service.
2. Crime rate.
3. Arrests and incarcerations.
4. Population increases / decreases.
5. Results from policing initiatives.
(e) Anticipated staffing needs.
(f) Anticipated capital and equipment needs.
(g) Anticipated funding issues.
208.3 MONITORING THE STRATEGIC PLAN
On a regular basis, command staff shall assess the accomplishments of each division. Progress
toward meeting Strategic Plan objectives shall be reported to the Chief of Police. The plan will be
reviewed each year by the department and updated as needed. Adjustments can be made to the
plan at any time to meet current demands and changes.
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Chapter 3 - General Operations
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Use of Force
300.1 PURPOSE AND SCOPE
This policy is intended to provide clarity to officers and promote safety for all by ensuring that
all available and appropriate de-escalation techniques are used when possible, force is used
appropriately only when necessary, and the amount of force used is proportional to the threat or
resistance the officer encounters as well as the seriousness of the law enforcement objective that
is being served.
While there is no way to specify the exact amount or type of reasonable force to be applied in
any situation, every officer of this department is expected to use these guidelines to make such
decisions in a professional, impartial, and reasonable manner.
In addition to those methods, techniques, and tools set forth below, the guidelines for the
reasonable application of force contained in this policy shall apply to all policies addressing
the potential use of force, including but not limited to the Control Devices and Techniques and
Conducted Energy Device policies.
The proper use of force is essential to ensure impartial policing and build trust in the community.
While there are circumstances where individuals will not comply with the law unless compelled
or controlled by officers through the use of force, officers must remain mindful that they derive
their authority from the community and that unreasonable force degrades the legitimacy of that
authority (Washington State Office of the Attorney General Model Use of Force Policy).
This policy incorporates the Washington State Office of the Attorney General Model Use of Force
Policy.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Chokehold - The intentional application of direct pressure to a person's trachea or windpipe for
the purpose of restricting another person's airway (RCW 10.116.020).
Deadly force - The intentional application of force through the use of firearms or any other means
reasonably likely to cause death or serious physical injury (RCW 9A.16.010).
De-escalation tactics - Actions used by a peace officer that are intended to minimize the
likelihood of the need to use force during an incident (RCW 10.120.010). Using force is not a de-
escalation tactic.
Feasible - Reasonably capable of being done or carried out under the circumstances to
successfully achieve the arrest or lawful objective without increasing risk to the officer or another
person.
Flight - An act or instance of running away in an effort to leave and intentionally evade law
enforcement.
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Immediate threat of serious bodily injury or death - Based on the totality of the circumstances, it
is objectively reasonable to believe that a person has the present and apparent ability, opportunity,
and intent to immediately cause death or serious bodily injury to the peace officer or another
person (RCW 10.120.020).
Imminent - Ready to take place; impending. Note that imminent does not mean immediate or
instantaneous.
Necessary - Under the totality of the circumstances, a reasonably effective alternative to the use
of force or deadly force does not appear to exist, and the type and amount of force or deadly force
used is a reasonable and proportional response to effect the legal purpose intended or to protect
against the threat posed to the officer or others (RCW 10.120.010).
Neck restraint - Any vascular compression or similar restraint, hold, or other tactic in which
pressure is applied to the neck for the purpose of constricting blood flow (RCW 10.116.020).
Physical force (referred to as "force" in this policy) - Any act reasonably likely to cause physical
pain or injury or any other act exerted upon a person's body to compel, control, constrain, or
restrain the person's movement. Physical force does not include pat -downs, incidental touching,
verbal commands, or compliant handcuffing where there is no physical pain or injury (RCW
10.120.010).
Totality of the circumstances - All facts known to the officer leading up to, and at the time of,
the use of force, and includes the actions of the person against whom the officer uses such force,
and the actions of the officer (RCW 10.120.010).
300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may use reasonable force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
It is the fundamental duty of law enforcement to preserve and protect all human life (RCW
10.120.010). Officers shall respect and uphold the dignity of all persons and use their authority
in a bias -free manner.
Vesting officers with the authority to use reasonable force and to protect the public welfare requires
monitoring, evaluation, and a careful balancing of all interests.
Nothing in this policy limits or restricts an officer's authority or responsibility to perform lifesaving
measures or community caretaking functions or prevents an officer from responding to requests
for assistance or service (RCW 10.120.020).
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300.2.1 DUTY TO INTERVENE AND REPORT
Any officer present and observing another law enforcement officer or a member attempting to use
or using force that is clearly beyond that which is objectively reasonable under the circumstances
shall, when in a position to do so, intervene to prevent the use of unreasonable force (RCW
10.93.190).
Any officer who observes another law enforcement officer or a member attempting to use or using
force that is potentially beyond that which is objectively reasonable under the circumstances shall
report these observations to a supervisor as soon as feasible (RCW 10.93.190).
300.2.2 PERSPECTIVE
When observing or reporting force used by a law enforcement officer, each officer should take into
account the totality of the circumstances and the possibility that other law enforcement officers
may have additional information regarding the threat posed by the subject.
300.2.3 ADDITIONAL STATE REQUIREMENTS ON THE DUTY TO INTERVENE AND
REPORT
An officer shall not be disciplined for or retaliated against in any way for intervening in good faith
or for reporting in good faith the unreasonable use of force by another law enforcement officer
(RCW 10.93.190) (see the Anti -Retaliation Policy).
300.2.4 CRITICAL DECISION MAKING
Use of critical decision making can help officers achieve the expectations outlined in this manual.
When safe, feasible, and if appropriate under the circumstances known to the officer when making
or considering whether to make contact with a member of the public, officers should (Washington
State Office of the Attorney General Model Use of Force Policy):
(a) Begin assessment and planning with available facts before arriving at the scene.
(b) Request available resources, as needed, such as a crisis intervention team or other
appropriate specialty unit or professionals.
(c) Collect information when on scene.
(d) Assess situations, threats, and risks.
(e) Identify options for conflict resolution.
(f) Determine a reasonable course of action.
(g) Review and re -assess the situation as it evolves.
Nothing in this policy precludes officers from taking quick action when faced with a life -threatening
situation, such as an active shooter. When safe and feasible, officers should not unnecessarily
jeopardize their own safety or the safety of others through tactical decisions that unreasonably
place themselves or others at risk (Washington State Office of the Attorney General Model Use
of Force Policy).
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300.3 USE OF FORCE
Officers shall use only the least amount of force that reasonably appears necessary given the
facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate
law enforcement purpose. Officers shall use reasonable care when determining whether to use
and when using any physical force or deadly force against another person (RCW 10.120.020).
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain, and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well -reasoned discretion in determining the appropriate use of force
in each incident.
It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons, or methods provided by this
department. Officers may find it more effective or reasonable to improvise their response to rapidly
unfolding conditions that they are confronting. In such circumstances, the use of any improvised
device or method must nonetheless be reasonable and utilized only to the degree that reasonably
appears necessary to accomplish a legitimate law enforcement purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.
300.3.1 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances permit.
These factors include but are not limited to (RCW 10.120.020):
(a) Immediacy and severity of the threat to officers or others.
(b) The conduct of the individual being confronted, as reasonably perceived by the officer
at the time.
(c) Officer/subject factors (e.g., age, size, relative strength, skill level, injuries sustained,
level of exhaustion or fatigue, the number of officers available vs. subjects).
(d) The effects of suspected drug or alcohol use.
(e) The individual displays signs of mental, behavioral, intellectual, developmental, or
physical impairments or disabilities, including individuals who reasonably appear
suicidal.
(f) The individual's ability to understand and comply with officer commands.
(g) Proximity of weapons or dangerous improvised devices.
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(h) The degree to which the individual has been effectively restrained and the individual's
ability to resist despite being restrained.
(i) The availability of other reasonable and feasible options and their possible
effectiveness.
Q) Seriousness of the suspected offense or reason for contact with the individual.
(k) Training and experience of the officer.
(1) Potential for injury to officers, suspects, and others.
(m) Whether the individual appears to be resisting, attempting to evade arrest by flight,
or is attacking the officer.
(n) The risk and reasonably foreseeable consequences of escape.
(o) The apparent need for immediate control of the individual or a prompt resolution of
the situation.
(p) Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the officer or others.
(q) Prior contacts with the individual or awareness of any propensity for violence.
(r) The individual is visibly pregnant or claims to be pregnant.
(s) The individual is a minor, appears to be a minor, or claims to be a minor.
(t) The individual is known to be a vulnerable adult or appears to be a vulnerable adult
as defined by RCW 74.34.020.
(u) The individual has limited English proficiency.
(v) The individual is in the presence of a child.
(w) Any other exigent circumstances.
300.3.2 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
successfully completed department -approved training. Officers utilizing any pain compliance
technique should consider:
(a) The degree to which the application of the technique may be controlled given the level
of resistance.
(b) Whether the individual can comply with the direction or orders of the officer.
(c) Whether the individual has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.
300.3.3 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the
destruction of evidence. However, officers are discouraged from using force solely to prevent
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a person from swallowing evidence or contraband. In the instance when force is used, officers
should not intentionally use any technique that restricts blood flow to the head, restricts respiration
or which creates a reasonable likelihood that blood flow to the head or respiration would be
restricted. Officers are encouraged to use techniques and methods taught by the Port Orchard
Police Department for this specific purpose.
300.3.4 ALTERNATIVE TACTICS - DE-ESCALATION
When possible, officers should use all de-escalation tactics that are available and appropriate
under the circumstances prior to using force (RCW 10.120.020).
Depending on the circumstances, officers have a number of de-escalation tactics to choose from
which include but are not limited to (Washington State Office of the Attorney General Model Use
of Force Policy):
(a) Employing tactical positioning and repositioning to maintain the benefit of distance
and cover, such as backing away from the person to re -assess and determine which
tactics to use.
(b) Placing barriers or using existing structures to provide a shield or other protection
between officers and a person.
(c) Attempting to slow down or stabilize the situation to allow for the consideration and
arrival of additional resources that may increase the likelihood of a safe resolution.
(d) Requesting and using available support and resources, such as a crisis intervention
team, a designated crisis responder, other behavioral health providers, or back-up
officers, including more experienced officers or supervisors.
(e) Using clear instructions and verbal persuasion.
(f) Employing verbal and non-verbal communication techniques to calm a person
(e.g., speaking slowly, regulating tone and body language, uncrossing one's arms,
minimizing hand gestures, reducing bright, flashing lights and sirens).
(g) Attempting to communicate in non-verbal ways when verbal instructions would be
inadequate (e.g., when the person and officer speak different languages, the person
is unable to hear or understand instructions).
(h) Communicating in a way that demonstrates respect for people's dignity (e.g., clearly
explaining the officer's actions and expectations, listening to the person's questions
and concerns and responding respectfully, being neutral and fair when making
decisions).
(i) When there are multiple officers, designating one officer to communicate in order to
avoid competing or confusing commands.
Q) Exhibiting patience while using all available and appropriate tactics and resources to
provide as much time as needed to resolve the incident without using force.
300.3.5 PERMISSIBLE USES OF FORCE
An officer may use force upon another person to the extent necessary under these circumstances
to (RCW 10.120.020):
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(a) Protect against a criminal offense when there is probable cause that the person has
committed, is committing, or is about to commit the offense.
(b) Effect an arrest.
(c) Prevent an escape as defined under chapter 9A.76 RCW.
(d) Take a person into custody, transport a person for evaluation or treatment, or provide
other assistance under RCW 10.77; RCW 71.05; or RCW 71.34.
(e) Take a minor into protective custody when authorized or directed by statute.
(f) Execute or enforce a court order authorizing or directing an officer to take a person
into custody.
(g) Execute a search warrant.
(h) Execute or enforce an oral directive issued by a judicial officer in the courtroom or a
written order where the court expressly authorizes an officer to use force to execute
or enforce the directive or order.
(i) Prevent a person from fleeing or stop a person who is actively fleeing a lawful
temporary investigative detention, provided that the person has been given notice that
the person is being detained and is not free to leave.
0) Take a person into custody when authorized or directed by statute.
(k) Protect against an imminent threat of bodily injury to the officer, another person, or
the person against whom force is being used.
Officers shall terminate the use of force as soon as the necessity for such force ends (RCW
10.120.020).
300.3.6 IDENTIFICATION, WARNING, AND OPPORTUNITY TO COMPLY PRIOR TO THE
USE OF FORCE
When safe and feasible, prior to the use of force, officers shall (Washington State Office of the
Attorney General Model Use of Force Policy):
(a) Identify themselves as law enforcement officers.
1. Identification is unnecessary when the officer has objectively reasonable
grounds to believe the person is aware of this fact.
(b) Attempt to determine whether the person has a special need, mental condition,
physical limitation, developmental disability, language barrier, or other factor that may
impact the person's ability to understand and comply with officer commands.
(c) Provide clear instructions and warnings.
(d) Warn a person that force will be used unless the person's resistance ceases.
(e) Give the person a reasonable opportunity to comply with the warning that force may
be used.
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300.4 DEADLY FORCE APPLICATIONS
When reasonable, the officer shall, prior to the use of deadly force, make efforts to identify themself
as a peace officer and to warn that deadly force may be used, unless the officer has objectively
reasonable grounds to believe the person is aware of those facts.
Use of deadly force is only justified when the officer reasonably believes it is necessary in the
following circumstances (RCW 10.120.020):
(a) An officer may use deadly force to protect the officer or others from what the officer
reasonably believes is an immediate threat of serious physical injury or death.
(b) An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the individual has committed, or intends to commit, a felony
involving the infliction or threatened infliction of serious bodily injury or death, and the
officer reasonably believes that there is an immediate threat of serious bodily injury
or death to any other person if the individual is not immediately apprehended. Under
such circumstances, a verbal warning should precede the use of deadly force, where
feasible.
However, an officer should not use deadly force against a person whose actions are a threat solely
to themself or property.
300.4.1 MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks
in addition to the justification for the use of deadly force.
An officer may not fire a weapon upon a moving vehicle unless necessary to protect against an
imminent threat of serious bodily injury resulting from the operator's or a passenger's use of a
deadly weapon. A vehicle is not considered a deadly weapon unless the operator is using the
vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are
immediately available to the officer. (RCW 10.116.060).
When feasible, officers shall attempt to move out of the path of a moving vehicle rather than
discharge their weapon at the operator.
Officers shall not shoot at any part of a vehicle in an attempt to disable the vehicle.
An officer shall not discharge a firearm from a moving vehicle, unless a person is immediately
threatening the officer or another person with deadly force.
300.4.2 NECK RESTRAINT
A neck restraint, including but not limited to chokeholds and/or vascular neck restraints, is a
technique designed to control an individual through the application of pressure to the neck. These
techniques are prohibited (RCW 10.116.020).
300.4.3 DRAWING AND POINTING A FIREARM
(a) An officer should only draw a firearm in the low -ready position (i.e., unholstered but
out of the officer's visual field) when the officer makes reasonable observations based
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on the totality of the circumstances that the situation may evolve to the point where
deadly force would be justified.
(b) An officer should only point a firearm at a person when deadly force is justified.
(c) When it is determined that the use of deadly force is not necessary, the officer should,
as soon as safe and feasible, lower, holster, or secure the firearm.
(d) Pointing a firearm at a person is a reportable use of force and its justification
and circumstances shall be documented in accordance with procedures set by the
statewide use of force data collection program (RCW 10.118.030).
300.4.4 RESTRICTED USE
Officers should not use a firearm in the following circumstances (Washington State Office of the
Attorney General Model Use of Force Policy):
(a) As an impact weapon except when deadly force is justified.
(b) When it appears likely that an innocent person may be injured by the officer
discharging the firearm in the direction of an innocent person.
(c) When discharging or pointing a firearm at a person who presents a danger only
to themselves and does not have the apparent ability, opportunity, and intent to
immediately cause death or serious bodily injury to the officer or another person.
(d) When discharging or pointing a firearm at a person who presents a danger only to
property and does not have the apparent opportunity or intent to immediately cause
death or serious bodily injury to the officer or another person.
300.4.5 DISCHARGE OF FIREARMS
Officers are only permitted to discharge a firearm at a person in situations where deadly force is
justified. Each discharge of the firearm must be justified. When feasible, officers should give a
verbal warning that a firearm will be discharged.
300.5 REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely, and
accurately in an appropriate report, depending on the nature of the incident. The officer should
articulate the factors perceived and why he/she believed the use of force was reasonable under
the circumstances.
To collect data for purposes of training, resource allocation, analysis, and related purposes, the
Department may require the completion of additional report forms, as specified in department
policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may
require documentation.
300.5.1 NOTIFICATIONS TO SUPERVISORS
Supervisory notification shall be made as soon as practicable following the application of force in
any of the following circumstances:
(a) The application caused a visible injury.
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(b) The application would lead a reasonable officer to conclude that the individual may
have experienced more than momentary discomfort.
(c) Any display of a less -lethal device or firearm with the intent to gain compliance.
(d) The individual subjected to the force complained of injury or continuing pain.
(e) The individual indicates the intent to pursue litigation.
(f) Any application of the conducted energy device or control device.
(g) Any application of a restraint device other than handcuffs, shackles, or belly chains.
(h) The individual subjected to the force was rendered unconscious.
(i) An individual was struck or kicked.
(j) An individual alleges unreasonable force was used or that any of the above has
occurred.
300.5.2 NOTIFICATION TO CRIMINAL JUSTICE TRAINING COMMISSION (CJTC)
Notification shall be made to CJTC within 15 days of learning of the occurrence of any death or
serious injury caused by the use of force by an officer (RCW 43.101.135).
300.5.3 REPORTING TO WASHINGTON STATEWIDE USE OF FORCE DATA PROGRAM
The Department shall submit reports regarding use of force incidents as provided by RCW
10.118.030 to the Washington statewide use of force data program in the format and time frame
established by the program (RCW 10.118.030).
300.6 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, medical assistance shall be obtained for any person who
exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury
or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical
distress after an encounter should be continuously monitored until the individual can be medically
assessed. Individuals should not be placed on their stomachs for an extended period, as this could
impair their ability to breathe (RCW 10.93.190).
Based upon the officer's initial assessment of the nature and extent of the individual's injuries,
medical assistance may consist of examination by an emergency medical services provider or
medical personnel at a hospital or jail. If any such individual refuses medical attention, such
a refusal shall be fully documented in related reports and, whenever practicable, should be
witnessed by another officer and/or medical personnel. If a recording is made of the contact or an
interview with the individual, any refusal should be included in the recording, if possible.
The on -scene supervisor or, if the on -scene supervisor is not available, the primary handling officer
shall ensure that any person providing medical care or receiving custody of a person following any
use of force is informed that the person was subjected to force. This notification shall include a
description of the force used and any other circumstances the officer reasonably believes would
be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,
impaired respiration).
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Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics, and imperviousness to
pain, or who require a protracted physical encounter with multiple officers to be brought under
control, may be at an increased risk of sudden death. Calls involving these persons should be
considered medical emergencies. Officers who reasonably suspect a medical emergency should
request medical assistance as soon as practicable and have medical personnel stage away.
See the Medical Aid and Response Policy for additional guidelines.
300.7 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to a reported application of force resulting in visible injury, if
reasonably available. When a supervisor is able to respond to an incident in which there has been
a reported application of force, the supervisor is expected to:
(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct
or excessive force, this will be considered a routine contact in the normal course of
duties.
(b) Ensure that any injured parties are examined and treated.
(c) When possible, separately obtain a recorded interview with the individual upon whom
force was applied. If this interview is conducted without the individual having voluntarily
waived the individual's Miranda rights, the following shall apply:
1. The content of the interview should not be summarized or included in any related
criminal charges.
2. The fact that a recorded interview was conducted should be documented in a
property or other report.
3. The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.
(d) Once any initial medical assessment has been completed or first aid has been
rendered, ensure that photographs have been taken of any areas involving visible
injury or complaint of pain, as well as overall photographs of uninjured areas.
1. These photographs should be retained until all potential for civil litigation has
expired.
(e) Identify any witnesses not already included in related reports.
(f) Review and approve all related reports.
(g) Determine if there is any indication that the individual may pursue civil litigation.
1. If there is an indication of potential civil litigation, the supervisor should complete
and route a notification of a potential claim through the appropriate channels.
(h) Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy noncompliance or if for any reason further
investigation may be appropriate.
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In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
When an incident results in death, serious bodily harm, or great bodily harm, the supervisor
shall immediately contact the Office of Independent Investigations pursuant to the procedures
established by the Office of Independent Investigation (RCW 43.102.120).
300.7.1 SHIFT SUPERVISOR RESPONSIBILITY
The Shift Supervisor shall review each use of force by any personnel within his/her command to
ensure compliance with this policy and to address any training issues.
300.8 USE OF FORCE ANALYSIS
The Deputy Chief shall prepare an annual management review and analysis report on use of force
incidents. The report shall be submitted to and reviewed and approved by the Chief of Police. The
report should not contain the names of officers, suspects, or case numbers and should include:
(a) The identification of any trends in the use of force by members.
(b) Training needs recommendations.
(c) Equipment needs recommendations.
(d) Policy revision recommendations.
300.9 TRAINING
All officers and supervisors shall receive training consistent with this policy and related use of
force policies at least annually. Training should (Washington State Office of the Attorney General
Model Use of Force Policy):
• Be a combination of classroom and scenario -based learning.
• Include community partners, when relevant and feasible.
• Incorporate cultural competency to understand disproportionately impacted
communities, and how racialized experiences of policing and the criminal justice
system may impact interactions with police.
This policy should be incorporated into defensive tactics curricula.
300.9.1 TRAINING REQUIREMENTS
Required annual training shall include:
(a) Legal updates.
(b) De-escalation tactics, including reasonably effective alternatives to force including
applicable legal requirements (RCW 10.120.010).
(c) The duty to intervene.
(d) The duty to request and/or render medical aid.
(e) Warning shots (see the Firearms Policy).
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(f) Guidelines regarding vulnerable populations, including but not limited to children,
elderly, pregnant persons, and individuals with physical, mental, or intellectual
disabilities.
(g) Exercising reasonable care in determining when to use force.
(h) Evaluation of whether certain applications of force are reasonable and proportional to
the threat or resistance.
(i) All other subjects covered in this policy (e.g., use of deadly force, chokeholds and
carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings).
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301.1 PURPOSE AND SCOPE
This policy establishes a process for the Port Orchard Police Department to review the use of
force by its employees.
This review process shall be in addition to any other review or investigation that may be conducted
by any outside or multi -agency entity having jurisdiction over the investigation or evaluation of the
use of deadly force.
301.2 POLICY
The Port Orchard Police Department will objectively evaluate the use of force by its members to
ensure that their authority is used lawfully, appropriately and is consistent with training and policy.
301.2.1 CHAIN OF COMMAND REVIEW
(a) A use of force review will be conducted by an employee's chain of command any time
an employee uses force which does not involve serious injury, death or the discharge
of a firearm. The designated sergeant will conduct the review for policy compliance
and forward it to the Operations Deputy Chief. If it is determined that a use of force
may not have been in compliance with department policy, the Chief of Police will be
advised.
(b) Upon initial review, the Chief of Police may:
1. Find the employee acted within Department use of force guidelines.
2. Find the employee requires additional training.
3. Require a Review Board to be convened.
4. Initiate a criminal or internal administrative investigation; and/or,
5. Initiate an outside investigation or review.
An annual review and analysis of all use of force will be conducted and presented to the Chief
of Police.
301.3 REMOVAL FROM LINE DUTY ASSIGNMENT
Generally, whenever an employee's actions or use of force in an official capacity, or while using
department equipment, results in death or very serious injury to another, that employee will be
placed in a temporary administrative assignment pending an administrative review. The Chief
of Police may exercise discretion and choose not to place an employee in an administrative
assignment in any case.
301.4 REVIEW BOARD
The Use of Force Review Board will be convened when the use of force by a member results in
very serious injury or death to another.
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The Chief of Police may request the Use of Force Review Board to investigate the circumstances
surrounding any use of force incident.
The Use of Force Review Board will review the circumstances surrounding every discharge of a
firearm, whether the employee was on- or off -duty, excluding training or recreational use.
The Chief of Police will convene the Use of Force Review Board as necessary. It will be the
responsibility of the Operations Deputy Chief or supervisor of the involved employee to notify
the Chief of Police of any incidents requiring board review. The Operations Deputy Chief will
also ensure that all relevant reports, documents and materials are available for consideration and
review by the board.
301.4.1 COMPOSITION OF THE BOARD
The Operations Deputy Chief should select three to five Use of Force Review Board members
from the department or outside agency, as appropriate. At least one of the members should be
an instructor for the type of weapon, device, or technique used.
301.4.2 RESPONSIBILITIES OF THE BOARD
The Use of Force Review Board is empowered to conduct an administrative review and inquiry
into the circumstances of an incident.
The board members may request further investigation, request reports be submitted for the
board's review, call persons to present information and request the involved employee to appear.
The involved employee will be notified of the meeting of the board and may choose to have a
representative through all phases of the review process.
The board does not have the authority to recommend discipline.
The Chief of Police will determine whether the board should delay its review until after completion
of any criminal investigation, review by any prosecutorial body, filing of criminal charges, the
decision not to file criminal charges, or any other action. The board should be provided all relevant
available material from these proceedings for its consideration.
The review shall be based upon those facts which were reasonably believed or known by the
officer at the time of the incident, applying any legal requirements, department policies, procedures
and approved training to those facts. Facts later discovered but unknown to the officer at the time
shall neither justify nor call into question an officer's decision regarding the use of force.
Any questioning of the involved employee conducted by the board will be in accordance with
the department's disciplinary procedures, the Personnel Complaints Policy, the current collective
bargaining agreement and any applicable state or federal law.
The board shall make one of the following recommended findings
(a) The employee's actions were within department policy and procedure.
(b) The employee's actions were in violation of department policy and procedure.
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A recommended finding requires a majority vote of the board. The board may also recommend
additional investigations or reviews, such as disciplinary investigations, training reviews to
consider whether training should be developed or revised, and policy reviews, as may be
appropriate. The board chairperson will submit the written recommendation to the Chief of Police.
The Chief of Police shall review the recommendation, make a final determination as to whether the
employee's actions were within policy and procedure and will determine whether any additional
actions, investigations or reviews are appropriate. The Chief of Police's final findings will be
forwarded to the Operations Deputy Chief for review and appropriate action. If the Chief of Police
concludes that discipline should be considered, a disciplinary process will be initiated.
At the conclusion of any additional reviews, copies of all relevant reports and information will be
filed with the Chief of Police.
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302.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of handcuffs and other restraints during detentions and
arrests.
Because restraint devices are designed to compel, control, constrain, or restrain a person's
movement, use of these devices is physical force and all considerations governing uses of physical
force detailed in this policy and the Use of Force Policy apply to their use (Washington State Office
of the Attorney General Model Use of Force Policy). However, physical force does not include
compliant handcuffing where there is no complaint of physical pain or injury (RCW 10.120.010).
302.1.1 DEFINITIONS
Definitions related to this policy include (Washington State Office of the Attorney General Model
Use of Force Policy):
Compression asphyxia - An inadequate oxygen level in the blood and/or an excessive increase
of carbon dioxide in the blood causing unconsciousness or death brought on by mechanically
limiting expansion of the lungs through compressing of the chest and/or abdomen, interfering with
breathing.
Positional asphyxia - An inadequate oxygen level in the blood and/or an excessive increase
of carbon dioxide in the blood causing unconsciousness or death brought on by a person being
placed in a body position which compresses the person's airway and does not allow the person
to breathe freely.
302.2 POLICY
The Port Orchard Police Department authorizes the use of restraint devices in accordance with
this policy, the Use of Force Policy and department training. Restraint devices shall not be used
to punish, to display authority or as a show of force.
302.3 USE OF RESTRAINTS
Only members who have successfully completed Port Orchard Police Department -approved
training on the use of restraint devices described in this policy are authorized to use these devices.
When deciding whether to use any restraint, officers should carefully balance officer safety
concerns with factors that include but are not limited to:
• The circumstances or crime leading to the arrest.
• The demeanor and behavior of the arrested person.
• The age and health of the person.
• Whether the person is known to be pregnant.
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• Whether the person has a hearing or speaking disability. In such cases, consideration
should be given, safety permitting, to handcuffing to the front in order to allow the
person to sign or write notes.
• Whether the person has any other apparent disability.
Restrained persons shall be monitored while in law enforcement custody (Washington State Office
of the Attorney General Model Use of Force Policy).
302.3.1 RESTRAINT OF DETAINEES
Situations may arise where it may be reasonable to restrain a person who may, after brief
investigation, be released without arrest. Unless arrested, the use of restraints on detainees should
continue only for as long as is reasonably necessary to ensure the safety of officers and others.
When deciding whether to remove restraints from a detainee, officers should continuously weigh
the safety interests at hand against the continuing intrusion upon the detainee.
302.3.2 RESTRAINT OF PREGNANT PERSONS
Persons who are known to be pregnant should be restrained in the least restrictive manner
available and reasonable under the circumstances, but in no case shall leg irons or waist chains be
used. Handcuffs behind the body should not be used unless the officer has a reasonable suspicion
that the person may resist, attempt escape, injure herself or others, or damage property (RCW
70.48.500).
When the person is in labor no restraints of any kind shall be used. This does not prohibit a
treating physician licensed under Title 18 RCW from requesting the use of hospital restraints for
the medical safety of the person (RCW 70.48.500).
302.3.3 RESTRAINT OF JUVENILES
A juvenile under 14 years of age should not be restrained unless he/she is suspected of a
dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist,
attempt escape, injure him/herself, injure the officer or damage property.
Members who are school resource officers should only use restraints on a student participating in
school -sponsored instruction or activity when there is an imminent likelihood of serious harm and
pursuant to the school policy for students and staff (RCW 28A.600.485).
302.3.4 NOTIFICATIONS
Whenever an officer transports a person with the use of restraints other than handcuffs, the officer
shall inform the jail staff upon arrival at the jail that restraints were used. This notification should
include information regarding any other circumstances the officer reasonably believes would
be potential safety concerns or medical risks to the person (e.g., prolonged struggle, extreme
agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail.
302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's
hands to ensure officer safety.
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Although recommended for most arrest situations, handcuffing is discretionary and not an absolute
requirement of the Department. Officers should consider handcuffing any person they reasonably
believe warrants that degree of restraint. However, officers should not conclude that in order to
avoid risk every person should be handcuffed regardless of the circumstances.
In most situations handcuffs should be applied with the hands behind the person's back. When
feasible, handcuffs should be double -locked to prevent tightening, which may cause undue
discomfort or injury to the hands or wrists.
In situations where one pair of handcuffs does not appear sufficient to restrain the person or may
cause unreasonable discomfort due to the person's size, officers should consider alternatives,
such as using an additional set of handcuffs or multiple plastic cuffs.
Handcuffs should be removed as soon as it is reasonable or after the person has been searched
and is safely confined within a detention facility.
302.5 APPLICATION OF SPIT GUARDS
A spit guard (sometimes referred to as spit hood, spit mask, or spit sock) is a woven mesh device
which can be placed over a person's head and face with the intent of preventing or reducing
the transmission of infectious disease through saliva, mucous, and blood. Officers shall only use
department -issued spit guards (Washington State Office of the Attorney General Model Use of
Force Policy).
Spit guards may be placed upon persons in custody when the officer reasonably believes the
person will bite or spit, either on a person or in an inappropriate place. They are generally used
during application of a physical restraint, while the person is restrained, or during or after transport.
Prior to application of a spit guard, an officer shall warn the individual and provide a reasonable
time for the person to comply with the officer's commands. If applied, the officer shall remove the
spit guard as soon as the threat of spitting or biting has ended, or the officer observes that the
spit guard is no longer necessary.
Officers utilizing spit guards should ensure that the spit guard is fastened properly according to
the manufacturer's instructions to allow for adequate ventilation and that the restrained person
can breathe normally. After application of a spit guard and when safe to do so, officers shall move
the individual into a seated or side recovery position. Officers shall provide assistance during the
movement of a restrained person due to the potential for impairing or distorting that person's vision.
For individuals in mental health crisis, application of a spit guard may provoke an elevated level
of distress. Officers should provide verbal reassurance and dynamically assess the situation to
remove the spit guard as soon as appropriate. Officers should avoid commingling those wearing
spit guards with others and detainees.
Spit guards should not be used in situations where the restrained person is bleeding profusely
from the area around the mouth or nose, or if there are indications that the person has a
medical condition that affects their breathing, or the person demonstrates symptoms of labored or
distressed breathing. In such cases, prompt medical care should be obtained. If the person vomits
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while wearing a spit guard, the spit guard should be promptly removed and discarded. Persons
who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated
including hair, head, and clothing, prior to application of a spit guard.
Those who have been placed in a spit guard shall be continually monitored and shall not be left
unattended until the spit guard is removed. In the event of a medical emergency, spit guards
should be removed immediately. Spit guards shall be discarded after each use.
302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES
Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg
irons and other similar devices. Auxiliary restraint devices are intended for use during long-term
restraint or transportation. They provide additional security and safety without impeding breathing,
while permitting adequate movement, comfort and mobility.
Only department -authorized devices may be used. Any person in auxiliary restraints should be
monitored as reasonably appears necessary.
302.7 APPLICATION OF LEG RESTRAINT DEVICES
Leg restraints (e.g., hobble restraints) may be used to restrain the legs of a violent or potentially
violent person when it is reasonable to do so during the course of detention, arrest, or
transportation. Only restraint devices approved by the department shall be used.
In determining whether to use the leg restraint, officers should consider:
(a) Whether the officer or others could be exposed to injury due to the assaultive or
resistant behavior of a person.
(b) Whether it is reasonably necessary to protect the person from his/her own actions
(e.g., hitting his/her head against the interior of the patrol vehicle, running away from
the arresting officer while handcuffed, kicking at objects or officers).
(c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at
windows of the patrol vehicle).
302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS
When applying leg restraints, the following guidelines should be followed:
(a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint
device. In all cases, a supervisor shall be notified as soon as practicable after the
application of the leg restraint device.
(b) Once applied, absent a medical or other emergency, restraints should remain in place
until the officer arrives at the jail or other facility or the person no longer reasonably
appears to pose a threat.
(c) Once secured, the person should be placed in a seated or upright position, secured
with a seat belt, and shall not be placed on the person's stomach for an extended
period, as this could reduce the person's ability to breathe.
(d) The restrained person shall be continually monitored by an officer while in the leg
restraint (Washington State Office of the Attorney General Model Use of Force Policy).
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The officer should ensure that the person does not roll onto and remain on the person's
stomach.
(e) The officer should look for signs of labored breathing and take appropriate steps to
relieve and minimize any obvious factors contributing to this condition.
(f) When transported by emergency medical services, the restrained person should be
accompanied by an officer when requested by medical personnel. The transporting
officer should describe to medical personnel any unusual behaviors or other
circumstances the officer reasonably believes would be potential safety or medical
risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration).
Officers shall not connect or assist with connecting a leg restraint to handcuffs or other types of
restraints (i.e., hog-tie an individual) (Washington State Office of the Attorney General Model Use
of Force Policy; Chapter 291, § 2, 2024 Laws).
302.8 REQUIRED DOCUMENTATION
If a person is restrained and released without an arrest, the officer shall document the details of
the detention and the need for handcuffs or other restraints.
If a person is arrested, the use of handcuffs or other restraints shall be documented in the related
report.
Officers should document the following information in reports, as appropriate, when restraints
other than handcuffs are used on a person (Washington State Office of the Attorney General
Model Use of Force Policy):
(a) The factors that led to the decision to use restraints.
(b) Supervisor notification and approval of restraint use.
(c) The types of restraint used.
(d) The amount of time the person was restrained.
(e) How the person was transported and the position of the person during transport.
(f) Observations of the person's behavior and any signs of physiological problems.
(g) Any known or suspected drug use or other medical problems.
302.8.1 SCHOOL RESOURCE OFFICERS
Members working as school resource officers shall prepare a report pursuant to RCW 28A.600.485
and provide a copy to the school administrator whenever a student is restrained in a room or
other enclosure or restrained by handcuffs or other restraint devices during school -sponsored
instructions or activities.
302.9 POSITIONAL ASPHYXIATION AND COMPRESSION ASPHYXIATION
Consistent with training, officers shall take the following actions to reduce the risk of positional
asphyxiation and compression asphyxiation (Washington State Office of the Attorney General
Model Use of Force Policy):
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(a) As soon as safe and feasible after handcuffing or otherwise restraining a person taken
to the ground, roll the person to the side and move the person to an upright position
that does not impede the mechanism of normal breathing, except if the person is
unconscious. This requirement is especially important when the person is handcuffed
in the prone position.
1. An exception is if the person is conscious and expresses a desire to be placed
in a different position, the officers shall place the person in that position unless
doing so poses a substantial risk of safety to the individual, officers, or others.
(b) Do not put prolonged pressure on the chest, neck, or back, including by sitting,
kneeling, or standing.
(c) Continuously monitor the person's condition while being restrained, as death can
occur suddenly and develop beyond the point of viable resuscitation within seconds.
Monitoring includes but is not limited to assessing the adequacy of the individual's
breathing, color, and any impairment as verbalized by the individual.
(d) Whenever possible during team restraint when manpower limitations allow, the
ranking officer shall designate a safety officer. The safety officer shall monitor the
health and welfare of the person until:
1. Responsibility is transferred to a health care professional (e.g., emergency
medical technician (EMT), paramedic); or
2. The person is placed in a seated position in a transport vehicle and verbalizes
to the safety officer that the person feels okay, and the person appears to the
safety officer to be well and speaking normally.
(e) If the safety officer becomes aware of an issue with the person's breathing, color, or
any impairment, the safety officer shall inform the ranking officer.
(f) Do not transport a restrained person in the prone position.
302.9 TRAINING
Subject to available resources, the Administrative Services Deputy Chief should ensure that
officers receive periodic training on the proper use of handcuffs and other restraints, including:
(a) Proper placement and fit of handcuffs and other restraint devices approved for use
by the Department.
(b) Response to complaints of pain by restrained persons.
(c) Options for restraining those who may be pregnant without the use of leg irons, waist
chains, or handcuffs behind the body.
(d) Options for restraining amputees or those with medical conditions or other physical
conditions that may be aggravated by being restrained.
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Control Devices and Techniques
303.1 PURPOSE AND SCOPE
This policy provides guidelines for the use and maintenance of control devices that are described
in this policy.
303.1.1 DEFINITIONS
Definitions related to this policy include (Washington State Office of the Attorney General Model
Use of Force Policy):
Oleoresin capsicum (OC) - An inflammatory agent that causes an intense burning sensation of
the eyes, nose, mouth, and skin, which may result in closing, tearing, and swelling of the eyes,
as well as choking, gagging, and gasping for breath.
Tear gas - Chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and any similar
chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort
or permanent injury. "Tear gas" does not include oleoresin capsicum (RCW 10.116.030).
303.2 POLICY
In order to control subjects who are violent or who demonstrate the intent to be violent, the Port
Orchard Police Department authorizes officers to use control devices in accordance with the
guidelines in this policy and the Use of Force Policy.
303.3 ISSUING, CARRYING, AND USING CONTROL DEVICES
Control devices described in this policy may be carried and used by members of this department
only if the device has been issued by the Department or approved by the Chief of Police or the
authorized designee. All commissioned officers whose primary duty is patrol response shall carry
a baton on their person while in uniform. In addition, all commissioned officers whose primary duty
is patrol response shall carry a Taser on their person while in uniform. Officers may choose to
carry both OC spray and a Taser while in uniform.
Only officers who have successfully completed department -approved training and have
demonstrated satisfactory skill and proficiency in the use of any control device are authorized to
carry and use the device.
Control devices may be used when a decision has been made to control, restrain, or arrest a
subject who is violent or who demonstrates the intent to be violent, and the use of the device
appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity
to comply should precede the use of these devices.
When using control devices, officers should carefully consider potential impact areas in order to
minimize injuries and unintentional targets.
303.4 RESPONSIBILITIES
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303.4.1 SHIFT SUPERVISOR RESPONSIBILITIES
The Shift Supervisor may authorize the use of a control device by selected personnel or members
of specialized units who have successfully completed the required training.
303.4.2 RANGEMASTER RESPONSIBILITIES
The Rangemaster shall control the inventory and issuance of all control devices and shall ensure
that all damaged, inoperative, outdated or expended control devices or munitions are properly
disposed of, repaired or replaced.
Every control device will be periodically inspected by the Rangemaster or the designated instructor
for a particular control device. The inspection shall be documented.
303.4.3 USER RESPONSIBILITIES
All normal maintenance, charging or cleaning shall remain the responsibility of personnel using
the various devices.
Any damaged, inoperative, outdated, or expended control devices or munitions, along with
documentation explaining the cause of the damage, shall be returned to the Rangemaster.
Damage to City property forms shall also be prepared and forwarded through the chain of
command, when appropriate, explaining the cause of damage.
When a control device is used to take a suspect into custody the officer will notify their supervisor
as soon as practicable. The officer will ensure that documentation is consistent with the Use of
Force policy. Aid will be summoned for the suspect as soon as practicable.
303.5 BATON GUIDELINES
The need to immediately control a suspect must be weighed against the risk of causing serious
injury. Officers shall not intentionally strike vital areas, including the head, neck, face, throat, spine,
groin, or kidney unless deadly force is justified. Officers shall reassess the effectiveness of baton
strikes as soon as safe and feasible, and if not effective, move to another appropriate target or to
another tactical or physical force option. Officers shall not use a baton to intimidate a person when
a baton warning is not justified by the threat presented (see the Use of Force Policy) (Washington
State Office of the Attorney General Model Use of Force Policy).
When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the
equipment belt. Plainclothes and non -field personnel may carry the baton as authorized and in
accordance with the needs of their assignment or at the direction of their supervisor.
303.6 TEAR GAS GUIDELINES
Officers or other members are not authorized to use tear gas unless necessary to alleviate a
present risk of serious harm posed by a (RCW 10.116.030):
(a) Riot.
(b) Barricaded subject.
(c) Hostage situation.
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Only the Shift Supervisor, Incident Commander, or Special Weapons and Tactics Team
Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions
known at the time and determining that such force reasonably appears justified and necessary,
and other alternatives to the use of tear gas have been exhausted (RCW 10.116.030).
If tear gas is to be used outside a correctional, jail, or detention facility, authorization shall be
obtained from the highest elected official of the jurisdiction in which the tear gas is to be used
(RCW 10.116.030).
Prior to any use, an announcement shall be made of the intent to use tear gas. Sufficient time and
space shall be allowed for compliance with the announcement (RCW 10.116.030).
When practicable, fire personnel should be alerted or summoned to the scene prior to the
deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation
if needed.
303.7 OLEORESIN CAPSICUM GUIDELINES
As with other control devices, oleoresin capsicum spray and pepper projectiles may be considered
for use to bring under control an individual or groups of individuals who are engaging in, or are
about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be
used against individuals or groups who merely fail to disperse or do not reasonably appear to
present a risk to the safety of officers or the public.
After the initial application of OC spray, each subsequent application must also be justified.
OC spray is not appropriate in an enclosed, highly populated space where there is a likelihood
of impacting uninvolved persons, except where OC spray is the only available and appropriate
force option. Officers deploying OC will attempt to avoid or minimize incidental exposure to non-
involved persons (Washington State Office of the Attorney General Model Use of Force Policy).
303.7.1 OC SPRAY
Uniformed personnel carrying OC spray shall carry the device in its holster on their person.
Plainclothes and non -field personnel may carry OC spray as authorized, in accordance with the
needs of their assignment or at the direction of their supervisor.
303.7.2 PEPPER PROJECTILE SYSTEMS
Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because
the compressed gas launcher delivers the projectiles with enough force to burst the projectiles
on impact and release the OC powder, the potential exists for the projectiles to inflict injury if
they strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system
should not intentionally target those areas, except when the officer reasonably believes the use
of deadly force is justified (see the Use of Force Policy).
Officers encountering a situation that warrants the use of a pepper projectile system shall notify
a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system
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incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall
ensure that all notifications and reports are completed as required by the Use of Force Policy.
Each deployment of a pepper projectile system shall be documented. This includes situations
where the launcher was directed toward the suspect, whether or not the launcher was used.
Unintentional discharges shall be promptly reported to a supervisor and documented on the
appropriate report form. Only non -incident use of a pepper projectile system, such as training and
product demonstrations, is exempt from the reporting requirement.
303.7.3 TREATMENT FOR OC SPRAY EXPOSURE
At the earliest safe opportunity at a scene controlled by law enforcement, an officer shall take
action to address the effects of the OC by flushing the person's eyes out with clean water and
ventilating with fresh air, if possible (Washington State Office of the Attorney General Model Use
of Force Policy). Those persons who complain of further severe effects shall be examined by
appropriate medical personnel.
303.8 POST -APPLICATION NOTICE
Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or
other enclosed area, officers should provide the owners or available occupants with notice of
the possible presence of residue that could result in irritation or injury if the area is not properly
cleaned. Such notice should include advisement that clean up will be at the owner's expense.
Information regarding the method of notice and the individuals notified should be included in
related reports.
303.9 KINETIC ENERGY PROJECTILE GUIDELINES
This department is committed to reducing the potential for violent confrontations. Kinetic energy
projectiles are designed to stun, temporarily incapacitate, or cause temporary discomfort without
penetrating the person's body (Washington State Office of the Attorney General Model Use of
Force Policy). When used properly, kinetic energy projectiles are less likely to result in death or
serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
303.9.1 DEPLOYMENT AND USE
Only department -approved kinetic energy munitions shall be carried and deployed. Approved
munitions may be used to compel an individual to cease his/her actions when such munitions
present a reasonable option.
Officers are not required or compelled to use approved munitions in lieu of other reasonable
tactics if the involved officer determines that deployment of these munitions cannot be done safely.
The safety of hostages, innocent persons, and officers takes priority over the safety of subjects
engaged in criminal or suicidal behavior.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
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(b) The suspect is engaged in riotous behavior or is throwing rocks, bottles, or other
dangerous projectiles at people and/or officers.
(c) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
303.9.2 DEPLOYMENT CONSIDERATIONS
Before discharging projectiles, the officer should consider such factors as:
(a) Distance and angle to target.
(b) Type of munitions employed.
(c) Type and thickness of subject's clothing.
(d) The subject's proximity to others.
(e) The location of the subject.
(f) Whether the subject's actions dictate the need for an immediate response and the use
of control devices appears appropriate.
A verbal warning of the intended use of the device should precede its application, unless it would
otherwise endanger the safety of officers or when it is not practicable due to the circumstances.
The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply
and to warn other officers and individuals that the device is being deployed.
An officer should target the buttocks, thigh, calf, and large muscle groups (Washington State
Office of the Attorney General Model Use of Force Policy). Officers should keep in mind
the manufacturer's recommendations and their training regarding effective distances. However,
officers are not restricted solely to use according to manufacturer recommendations. Each
situation must be evaluated on the totality of circumstances at the time of deployment.
The need to immediately incapacitate the subject must be weighed against the risk of causing
serious injury or death. Officers should not use kinetic energy projectiles in the following
circumstances unless the use of deadly force is justified (see the Use of Force Policy) (Washington
State Office of the Attorney General Model Use of Force Policy):
(a) When intentionally aiming kinetic energy projectiles at the head, neck, chest, or groin.
(b) At ranges that are inconsistent with the projectile manufacturer's guidelines.
(c) Directed at a person who is situated on an elevated surface (e.g., a ledge, scaffold,
near a precipice) unless reasonable efforts have been made to prevent or minimize a
fall -related injury (e.g., deploying a safety net).
An officer deploying kinetic energy projectiles shall assess the effectiveness of the projectiles after
each shot. If subsequent projectiles are needed, the officer should consider aiming at a different
targeted area.
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303.9.3 SAFETY PROCEDURES
Officers will inspect the launcher and projectiles at the beginning of each shift to ensure that the
launcher is in proper working order and the projectiles are of the approved type and appear to
be free from defects.
When it is not deployed, the launcher will be unloaded and properly and securely stored in the
vehicle. When deploying the kinetic energy projectile launcher, the officer shall visually inspect
the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the
launcher.
303.9.4 PROCEDURES FOLLOWING KINETIC ENERGY PROJECTILE DISCHARGE
Persons who are struck, or claimed to have been struck, by kinetic energy projectiles will be
provided medical attention as soon as practical. Officers will also:
(a) Collect expended casings and projectiles (if recovered) and place them in evidence.
(b) Measure and photograph target range.
(c) Photograph/video any property damage.
(d) Ensure that documentation is consistent with the Use of Force policy.
303.10 TRAINING FOR CONTROL DEVICES
The Administrative Services Deputy Chief shall ensure that all personnel who are authorized
to carry a control device have been properly trained, have demonstrated satisfactory skill and
proficiency, are certified to carry the specific control device, and are retrained or recertified as
necessary.
(a) Proficiency training shall be monitored and documented by a certified, control -device
weapons or tactics instructor.
(b) All training and proficiency for control devices will be documented in the officer's
training file.
(c) Officers who fail to demonstrate proficiency with the control device or knowledge of
this agency's Use of Force Policy will be provided remedial training. If an officer cannot
demonstrate proficiency with a control device or knowledge of this agency's Use of
Force Policy after remedial training, the officer will be restricted from carrying the
control device and may be subject to discipline.
(d) Members who were previously employed as peace officers at another agency
must successfully complete department -approved training and demonstrate skill and
proficiency for each weapon or control device they are issued and authorized to carry.
Training provided by the previous employing agency does not meet the requirements
of this policy section.
303.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES
Any application of a control device or technique listed in this policy shall be documented in the
related incident report and reported pursuant to the Use of Force Policy.
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Conducted Energy Device
304.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device (CED)
304.1.1 DEFINITIONS
Definitions related to this policy include (Washington State Office of the Attorney General Model
Use of Force Policy):
Conducted energy device - A portable device that fires darts/electrodes that transmit an electrical
charge or current intended to temporarily immobilize a person.
304.2 POLICY
The CED is used in an attempt to control a violent or potentially violent individual. The appropriate
use of such a device may result in fewer serious injuries to officers and suspects.
304.3 ISSUANCE AND CARRYING CEDS
Only members who have successfully completed department -approved training and have
demonstrated satisfactory skill and proficiency may be issued and may carry the CED.
An officer who is issued a CED is expected to carry it as an option to be considered when deadly
force is not justified (Washington State Office of the Attorney General Model Use of Force Policy).
The Chief of Police or designee shall keep a log of issued CEDs and the serial numbers of
cartridges/magazines issued to members.
CEDs are issued for use during a member's current assignment. Those leaving a particular
assignment may be required to return the device to the department inventory.
Officers shall only use the CED and cartridges/magazines that have been issued by the
Department. Cartridges/magazines should not be used after the manufacturer's expiration date.
Uniformed officers who have been issued the CED shall wear the device in an approved holster.
An officer shall carry a CED in a holster on the support side of the body, and in all but extreme
circumstances, shall draw, exhibit, and use the device with the support (i.e., non -handgun firing)
hand (Washington State Office of the Attorney General Model Use of Force Policy).
(a) All CEDs shall be clearly distinguishable to differentiate them from the duty weapon
and any other device.
(b) For single -shot devices, whenever practicable, officers should carry an additional
cartridge on their person when carrying the CED.
(c) Officers should not hold a firearm and the CED at the same time.
Non -uniformed officers may secure the CED in a concealed, secure location in the driver's
compartment of their vehicles.
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304.3.1 USER RESPONSIBILITIES
Officers shall be responsible for ensuring that the issued CED is properly maintained and in
good working order. This includes a function test and battery life monitoring, as required by the
manufacturer, and should be completed prior to the beginning of the officer's shift.
CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall
be returned to the Chief of Police or designee for disposition. Officers shall submit documentation
stating the reason for the return and how the CED or cartridge/magazine was damaged or became
inoperative, if known.
304.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the CED should precede its application, unless it would
otherwise endanger the safety of officers or when it is not practicable due to the circumstances.
The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
(b) Provide other officers and individuals with a warning that the CED may be deployed.
If, after a verbal warning, an individual fails to voluntarily comply with an officer's lawful orders
and it appears both reasonable and feasible under the circumstances, the officer may, but is not
required to, activate any warning on the device, which may include display of the electrical arc,
an audible warning, or the laser in a further attempt to gain compliance prior to the application of
the CED. The laser should not be intentionally directed into anyone's eyes.
The fact that a verbal or other warning was given or the reasons it was not given shall be
documented by the officer deploying the CED in the related report.
304.5 USE OF THE CED
The CED has limitations and restrictions requiring consideration before its use. The CED should
only be used when its operator can safely deploy the device within its operational range. Although
the CED may be effective in controlling most individuals, officers should be aware that the device
may not achieve the intended results and be prepared with other options.
If sufficient personnel are available and can be safely assigned, an officer designated as lethal
cover for any officer deploying a CED may be considered for officer safety.
304.5.1 APPLICATION OF THE CED
The CED may be used when the circumstances reasonably perceived by the officer at the time
indicate that such application reasonably appears necessary to control a person who:
(a) Is violent or is physically resisting.
(b) Has demonstrated, by words or action, an intention to be violent or to physically resist,
and reasonably appears to present the potential to harm officers, themself, or others.
Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause
for the use of the CED to apprehend an individual.
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Conducted Energy Device
The CED shall not be used to psychologically torment, to elicit statements, or to punish any
individual.
304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the CED on certain individuals should generally be avoided unless the totality of
the circumstances indicates that other available options reasonably appear ineffective or would
present a greater danger to the officer, the subject, or others, and the officer reasonably believes
that the need to control the individual outweighs the potential risk of using the device. This includes
(Washington State Office of the Attorney General Model Use of Force Policy):
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.
(e) In any environment where an officer knows or has reason to believe that a potentially
flammable, volatile, or explosive material is present that might be ignited by an open
spark, including but not limited to OC spray with a volatile propellant, gasoline, natural
gas, or propane.
(f) Individuals who are situated on an elevated surface (e.g., a ledge, scaffold, near a
precipice) unless reasonable efforts have been made to prevent or minimize a fall -
related injury (e.g., deploying a safety net).
(g) Individuals known to be located in water.
(h) Operators in physical control of vehicles in motion, including automobiles, trucks,
motorcycles, all -terrain vehicles, bicycles, and scooters unless deadly force is justified.
The primary use of a CED is not as a pain compliance tool. Drive -stun mode should only be used
when necessary to complete the incapacitation circuit where only one probe has attached to the
person, where both probes attached in close proximity, or when no other alternatives to deadly
force are available and appropriate (Washington State Office of the Attorney General Model Use
of Force Policy).
304.5.3 TARGETING CONSIDERATIONS
Recognizing that the dynamics of a situation and movement of the subject may affect target
placement of probes, when practicable, officers should attempt to target the back, lower center
mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, chest, or
genitals. If circumstances result in one or more probes inadvertently striking an area outside of the
preferred target zones, the individual should be closely monitored until examined by paramedics
or other medical personnel.
304.5.4 MULTIPLE APPLICATIONS OF THE CED
Officers shall apply the CED for only one standard cycle of five seconds or less and then evaluate
the situation before applying any subsequent cycles (Washington State Office of the Attorney
General Model Use of Force Policy). Once an officer has successfully deployed two probes
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on the subject, the officer shall continually assess the subject to determine if additional probe
deployments or cycles reasonably appear necessary. Additional factors officers may consider
include but are not limited to:
(a) Whether it is reasonable to believe that the need to control the individual outweighs
the potentially increased risk posed by multiple applications.
(b) Whether the probes are making proper contact.
(c) Whether the individual has the ability and has been given a reasonable opportunity
to comply.
(d) Whether verbal commands or other options or tactics may be more effective.
Multiple applications of the CED increase the risk of serious bodily injury or death. Officers should
not intentionally deploy multiple CEDs at the same person, unless the first deployed CED clearly
fails. An officer shall consider other options if the officer has used a CED three times against a
person and the person continues to be a threat, as the CED may not be effective against that
person (Washington State Office of the Attorney General Model Use of Force Policy).
304.5.5 ACTIONS FOLLOWING DEPLOYMENTS
Officers should take appropriate actions to control and restrain the individual as soon as
reasonably practicable to minimize the need for longer or multiple exposures to the CED. As
soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If
needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should
be submitted into evidence (including confetti tags, when equipped on the device). The evidence
packaging should be marked "Biohazard" if the probes penetrated the subject's skin.
304.5.6 DANGEROUS ANIMALS
The CED may be deployed against an animal if the animal reasonably appears to pose an
imminent threat to human safety.
304.5.7 OFF -DUTY CONSIDERATIONS
Officers are not authorized to carry department CEDs while off -duty.
Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area
under their control, in a manner that will keep the device inaccessible to others.
304.6 DOCUMENTATION
Officers shall clearly articulate and document the justification for each individual application of the
CED in the related arrest/crime reports and Use of Force documentation (Washington State Office
of the Attorney General Model Use of Force Policy). Photographs should be taken of any obvious
probe impact or drive -stun application sites and included in the Use of Force documentation.
Notification shall also be made to a supervisor in compliance with the Use of Force Policy.
Unintentional discharges, pointing the device at a person, audible warning, laser activation, and
arcing the device, other than for testing purposes, will also be documented in the officer's report.
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Data downloads from the CED after use on a subject should be done as soon as practicable using
a department -approved process to preserve the data.
304.6.1 CED REPORT FORM
As applicable based on the device type, items that shall be included in the CED report form are:
(a) The brand, model, and serial number of the CED and any cartridge/magazine.
(b) Date, time, and location of the incident.
(c) Whether any warning, display, laser, or arc deterred a subject and gained compliance.
(d) The number of probes deployed, CED activations, the duration of each cycle, the
duration between activations, and (as best as can be determined) the duration that
the subject received applications.
(e) The range at which the CED was used.
(f) The type of mode used (e.g., probe deployment, drive -stun).
(g) Location of any probe impact.
(h) Location of contact in drive -stun mode.
(i) Description of where missed probes went.
0) Whether medical care was provided to the subject.
(k) Whether the subject sustained any injuries.
(1) Whether any officers sustained any injuries.
The Deputy Chief should periodically analyze the report forms to identify trends, including
deterrence and effectiveness. The Deputy Chief should also conduct audits of CED device data
downloaded to an approved location and reconcile CED report forms with recorded activations.
CED information and statistics, with identifying information removed, should periodically be made
available to the public.
304.6.2 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing CEDs
(b) Identification of all witnesses
(c) Medical care provided to the subject
(d) Observations of the subject's physical and physiological actions
(e) Any known or suspected drug use, intoxication, or other medical problems
304.7 MEDICAL TREATMENT
At the earliest safe opportunity at a scene controlled by law enforcement, consistent with local
medical personnel protocols and absent extenuating circumstances, only appropriate medical
personnel should remove CED probes. Probes in sensitive areas shall be removed by an
emergency medical technician (EMT), paramedic, or other health care professional (Washington
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State Office of the Attorney General Model Use of Force Policy). Used CED probes shall be treated
as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal
precautions should be taken.
All persons who have been struck by CED probes, who have been subjected to the electric
discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically
assessed prior to booking. Additionally, any such individual who falls under any of the following
categories should, as soon as practicable, be examined by paramedics or other qualified medical
personnel:
(a) The person is suspected of being under the influence of controlled substances and/
or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention.
(d) The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face,
neck).
(e) The person requests medical treatment.
Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications
shall be transported to a medical facility for examination or medically evaluated prior to booking. If
any individual refuses medical attention, such a refusal should be witnessed by another officer and/
or medical personnel and shall be fully documented in related reports. If an audio/video recording
is made of the contact or an interview with the individual, any refusal should be included, if possible.
The transporting officer shall inform any person providing medical care or receiving custody that
the individual has been subjected to the application of the CED (see the Medical Aid and Response
Policy).
304.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a
likelihood the CED may be used. A supervisor should respond to all incidents where the CED
was activated.
A supervisor should review each incident where a person has been exposed to a CED. The
device's internal logs should be downloaded by a supervisor or designee and saved with the
related arrest/crime report. The supervisor should arrange for photographs of probe sites to be
taken and witnesses to be interviewed.
304.9 TRAINING
Personnel who are authorized to carry the CED shall be permitted to do so only after successfully
completing the initial department -approved training and demonstrating satisfactory skill and
proficiency. Any personnel who have not carried the CED as a part of their assignments for a
period of six months or more shall be recertified by a qualified CED instructor prior to again carrying
or using the device.
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Proficiency training for personnel who have been issued CEDs should occur every year. A
reassessment of an officer's knowledge and/or practical skills may be required at any time, if
deemed appropriate, by the Administrative Services Deputy Chief. All training and proficiency for
CEDs will be documented in the officer's training files.
Command staff, supervisors, and investigators should receive CED training as appropriate for the
investigations they conduct and review.
Officers who do not carry CEDs should receive training that is sufficient to familiarize them with
the device and with working with officers who use the device.
The Administrative Services Deputy Chief is responsible for ensuring that all members who carry
CEDs have received initial and annual proficiency training. Periodic audits should be used for
verification.
Application of CEDs during training could result in injuries and should not be mandatory for
certification.
The Administrative Services Deputy Chief should include the following training:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak -hand draws or cross -draws until proficient to reduce the possibility
of unintentionally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the
unintentional application of probes to the head, neck, chest, and groin.
(e) Scenario -based training, including virtual reality training when available.
(f) Handcuffing a subject during the application of the CED and transitioning to other force
options.
(g) De-escalation techniques.
(h) Restraint techniques that do not impair respiration following the application of the CED.
(i) Proper use of cover and concealment during deployment of the CED for purposes of
officer safety.
(j) Proper tactics and techniques related to multiple applications of CEDs.
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305.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured or dies as the result of an officer -involved shooting or as a result of
other action of an officer.
In other incidents not covered by this policy, the Chief of Police may decide that the investigation
will follow the process provided in this policy.
This policy shall be consistent with the requirements set forth in the current collective bargaining
agreement with the Port Orchard Police Guild. In the event of any inconsistency between this
policy and the collective bargaining agreement with the Guild, the agreement shall control.
305.1.1 DEFINITIONS
(a) Evanescent evidence - Physical evidence that may be degraded or tainted by
human or environmental factors if left unprotected or unpreserved for the arrival of
the independent investigative team (IIT); identification and contact information for
witnesses to the incident; photographs and other methods of documenting the location
of physical evidence and location/perspective of witnesses.
(b) Force - The application of physical techniques or tactics, chemical agents or weapons
to another person. It is not a use of force when a person allows him/herself to be
searched, escorted, handcuffed, or restrained.
(c) Deadly force - The intentional application of force through the use of firearms or any
other means reasonably likely to cause death or serious injury.
(d) Great bodily harm - Bodily injurywhich creates a probability of death, or which causes
significant serious permanent disfigurement, or which causes a significant permanent
loss or impairment of the function of any bodily part or organ.
(e) In -Custody Death - The death of any person who is detained, arrested, en route to
incarceration, or incarcerated in local facilities. Excluded are deaths caused by fatal
injuries that occur while an inmate is under physician's treatment for a disease or other
natural condition, except that deaths involving custodial trauma or custodial suicide
while under a physician's treatment are considered In -Custody Deaths.
(f) Involved officer - An officer, who in the performance of their duties, uses force that
results in death, substantial bodily harm, or great bodily harm; or, in whose custody a
person dies or receives great bodily harm.
(g) Non -law enforcement community representatives - Community members selected
by this agency to participate in the IIT as delineated in WAC 139-12.
(h) Substantial bodily harm - Bodily injury which involves a temporary but substantial
disfigurement, or which causes a temporary but substantial loss or impairment of the
function of any bodily part or organ, or which causes a fracture of any bodily part.
(i) Uninvolved officer(s) - Officers who responded to, or were present at, the scene but
did not witness the use of force by the involved officer(s).
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0) Witness officer(s) - Officers who observed the use of force by the involved officer(s).
305.2 POLICY
The policy of the Port Orchard Police Department is to ensure that officer -involved shootings and
deaths are investigated in a thorough, fair and impartial manner and one which ensures public
trust in the Department.
305.3 TYPES OF INVESTIGATIONS
Incidents in which an officer's use of force results in death, substantial bodily harm, or great bodily
harm, or a person dies or receives substantial bodily harm or great bodily harm while in custody
will involve several separate investigations. These investigations may include the following:
An independent criminal investigation of the suspect's actions.
The Chief of Police or designee will request an independent criminal
investigation be conducted by either an uninvolved agency or an Independent
Investigative Team (IIT) to determine whether the use of deadly force met the
good faith standard established in RCW 9A.16.040 and satisfied other applicable
laws.
An independent criminal investigation of the involved officer's actions.
If the use of deadly force occurred during another criminal investigation (e.g.
bank robbery, homicide), the determination of which agency or I IT will investigate
the underlying crime will be made by agreement between the chief law
enforcement officers of the affected agencies and applicable IIT commanders.
A primary factor in that determination will be the degree of separation, by time
and distance, of the underlying crime from the use of force.
An administrative investigation as to policy compliance by the involved officer(s).
The internal investigation or use of force review will be conducted to determine
whether the use of deadly force was in compliance with Port Orchard Police
Department policy. This investigation or review will be conducted in accordance
with the provisions of the Use of Force Review policy.
305.4 INITIAL ON -SCENE DUTIES
305.4.1 DUTIES OF INVOLVED OR ON -SCENE OFFICER
The involved or other on -scene officers should complete the following duties if reasonably possible
under the circumstance::
(a) Immediately notify Kitsap 911 and the supervisor to obtain additional resources.
(b) Render first aid to any injured parties. Call for paramedics as required.
(c) Direct and coordinate back-up units as necessary.
(d) Protect the scene and any evanescent evidence. No items, including involved vehicles,
should be moved or have their condition altered unless authorized.
(e) Provide a Public Safety statement to the sergeant or senior officer.
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(f) Protect weapon(s) for examination.
(g) Remain on -scene until properly relieved.
305.4.2 SUPERVISOR RESPONSIBILITIES
Upon arrival at the scene, the first uninvolved POPD supervisor should ensure completion of the
duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.
1. In the event that there are no uninvolved officers who can supply adequate
overview, the supervisor should attempt to obtain a brief voluntary overview from
one involved officer.
(b) If necessary, the supervisor may administratively order any POPD officer to
immediately provide public safety information necessary to secure the scene, identify
injured parties, and pursue suspects.
(a) Public safety information shall be limited to such things as outstanding suspect
information, number and direction of any shots fired, perimeter of the incident
scene, identity of known or potential witnesses, and any other pertinent
information.
(b) The initial on -scene supervisor should not attempt to order any involved officer
to provide any information other than public safety information.
(c) Provide all available information to the Shift Supervisor and Kitsap 911. If feasible,
sensitive information should be communicated over secure networks.
(d) Take command of and secure the incident scene with additional POPD members until
properly relieved by another supervisor or other assigned personnel or investigator.
(a) If the incident involved the use of deadly force that resulted in death, substantial
bodily harm, or great bodily harm, contact the appropriate independent
investigation team (WAC 139-12-030).
(e) As soon as practicable, ensure that involved officers are transported (separately, if
feasible) to a suitable location for further direction.
(a) Each involved POPD officer should be given an administrative order not to
discuss the incident with other involved officers or POPD members pending
further direction from a supervisor. This notification should be documented to
include who was notified, when/where the notification took place, and by whom.
(b) When an involved officer's weapon is taken or left at the scene for other than
officer -safety reasons (e.g., evidence), ensure that the officer is provided with a
comparable replacement weapon or transported by other officers.
305.4.3 PUBLIC SAFETY STATEMENT
The supervisor will administratively order any involved officer from this department to immediately
provide a Public Safety Statement. The purpose of this statement is to provide sufficient
information to facilitate the apprehension of suspects, identify and protect evidence, and to check
on the safety of the public. The Department recognizes and anticipates that the stress of the
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incident, combined with the cognitive demands imposed on the participants as a function of their
active role, may impair recall. Those evaluating the incident after the fact should be mindful of
the potential for naturally -occurring memory gaps and inconsistencies, particularly for those who
were immersed in the incident.
Supervisors should immediately act on the information provided during the Public Safety
Statement to check on the safety of others, attempt to apprehend the suspect, and protect
evidence. This includes a radio broadcast of any information that would help accomplish these
goals. The purpose of this statement is to immediately provide sufficient information to facilitate
the apprehension of suspects, identify and protect evidence, and to check on the safety of the
public. Involved officer(s) should not be interviewed at the scene other than to gather the public
safety statement, which should be limited to the following:
(a) From where and in what direction did you fire rounds?
(b) In what direction did the suspect(s) fire rounds?
(c) If you know of anyone who is injured, what is his/her location?
(d) If there are any outstanding suspects, what are their descriptions?
(a) What was their direction of travel?
(b) How long have they been gone?
(c) With what weapons were they armed?
(d) Are there any other safety risks known about the outstanding suspect(s)?
(e) Does any evidence need protection?
(f) Any known witnesses?
(g) Where are they located?
Once the statement is obtained, the officer shall be ordered to not discuss the incident with anyone,
including supervisors and command staff, prior to the arrival of the assigned investigators, with
the exception of legal representation or designated peer support officer.
305.4.4 WITNESS IDENTIFICATION
Supervisors should take steps to identify witnesses, including those who claim not to have
witnessed the incident but who were present at the time it occurred. Any potential witness who
is unwilling or unable to remain available for a formal interview by the IIT should not be detained
absent reasonable suspicion to detain or probable cause to arrest. Witness information should be
provided to IIT personnel upon their arrival at the scene.
305.5 HANDLING INVOLVED OFFICERS
As soon as they are no longer needed at the scene, involved officers should be transported
(separately, if feasible) to the station.
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The involved officer(s) shall remain dressed and equipped as they were during the incident.
Once at the station, the officer(s) shall be photographed as they were dressed at the time of the
incident. Their uniform and equipment may then be examined and collected by the investigators.
Care should be taken to preserve the integrity of any physical evidence present on the officer,
equipment, or clothing (e.g. blood, fingerprints, etc.) until IIT investigators can properly retrieve it.
All reasonable accommodations to care for the officer's physical and emotional needs should be
taken.
305.5.1 COMMUNICATION WITH INVOLVED OFFICER(S)
Following the public safety statement, each involved officer should be given an administrative
order not to discuss the incident with anyone, except IIT investigators, the employee's attorney,
a designated peer supporter, a mental health professional, the officer's personal clergy, or the
officer's spouse.
Communications between designated peer supporters and involved officers are privileged [RCW
5.60.060]. No involved officers should be permitted to meet collectively with a counselor or in a
group for the purposes of a critical incident debrief prior to providing a formal statement to IIT
investigators.
Any request for guild representation will be accommodated. Communications with guild
representatives are not privileged. Any statements made by an involved officer to a guild
representative about the details of the incident may be compelled to be divulged in both state
and federal court proceedings. Involved officers may discuss the post -shooting process with their
guild representative.
Any request for legal representation will be accommodated. Discussions with licensed attorneys
are considered privileged as attorney -client communications, however, no involved officers shall
be permitted to meet collectively with an attorney prior to providing a formal interview or report.
305.5.2 FAMILY NOTIFICATIONS
Arrangements should be made to notify the involved officer's family of the incident as soon as
possible. The involved officer should make the notification if at all possible. An open line of
communication should be established between the officer's immediate family and a designated
member of the police department, who will remain available to answer questions and to see to
any reasonable needs of the family.
305.5.3 COMPANION OFFICER
Involved officers should not be isolated. As soon as resources permit, each involved officer should
be provided a companion officer who was not involved in the incident. This Companion Officer
should:
(a) Drive the involved officer to the station.
(b) Accompany the involved officer until relieved.
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(c) Ensure the involved officer is kept separate from other personnel involved in the
incident.
(d) Ensure the involved officer does not discuss the incident.
(e) Attend to the needs of the involved officer.
305.5.4 INVOLVED FIREARMS
When an officer's firearm is collected by IIT investigators or left at the scene (e.g. evidence), the
officer will be provided with a replacement firearm. Absent a compelling need, the firearm should
not be taken from the officer at the scene.
Injured officers taken to the hospital should have their belt, holster, and weapon secured for
examination and collection by IIT investigators.
All weapons, including back-ups, in the possession of the involved officer at the time of the incident,
should be secured for examination and collection by IIT investigators, even if not used.
305.5.5 RELIEF OF DUTY / REASSIGNMENT / ADMINISTRATIVE LEAVE
Any officer involved in an incident which results in serious injury or death shall be removed from
duty and placed on administrative leave. This assignment to administrative leave is not disciplinary
and does not imply the officer acted improperly. The purpose of this relief from duty is to:
(a) Protect officers who have not exceeded the scope of their authority from possible
confrontations with the community
(b) Protect the community's interest when officers may have exceeded the scope of their
authority in the use of deadly force.
(c) Provide the involved officer with a reasonable recuperation period prior to clearance
for return to full duty.
The officer will generally remain on administrative leave until cleared by criminal and internal
investigations and a psychologist or psychiatrist determines the employee is able to return to
regular duty. The Chief of Police may assign involved officers to desk duties prior to return to full
duty.
The Chief of Police may return an involved officer to their regularly scheduled assigned duty prior
to the completion of criminal and internal proceedings on a case -by -case basis when:
(a) There is a clear and objective basis for the Chief of Police to believe that the officer
did not exceed the scope of their authority in the use of deadly force, and,
(b) Careful consideration is given to the interests of, and impacts to, the community, the
Department, and the officer by the return to full duty.
While on administrative leave, the officer will remain available for interviews and statements, at
times designated by the Chief of Police or designee.
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305.5.6 PEER SUPPORT
The involved officer will be offered a peer supporter to provide emotional and logistical support
following the incident. Involvement with peer support is voluntary.
Communications between the peer supporter and the involved officer are privileged. The peer
supporter must be designated as such prior to the incident that results in counseling. The privilege
only applies when the communication was made to the peer supporter while acting in his or her
capacity as a peer supporter. The privilege does not apply if the peer supporter was an initial
responding officer or firefighter, a witness, or a party to the incident which prompted the delivery
of peer support services (RCW 5.60.060).
Employees experiencing emotional distress may initiate contact with a peer supporter at any time.
305.6 OFFICER -INVOLVED USE OF DEADLY FORCE CRIMINAL INVESTIGATION
305.6.1 INVESTIGATING AGENCY
The Department participates in the Kitsap Critical Incident Response Team (KCIRT), a multi -
jurisdictional unit formed to investigate officer -involved incidents which result in death, substantial
bodily harm, or great bodily harm. The Chief may select KCIRT or another law enforcement
organization to investigate the incident.
305.6.2 OFFICER STATEMENTS
Besides the Public Safety Statement, involved officers should be provided with reasonable
recovery time before meeting with investigators or providing statements. Per the Collective
Bargaining Agreement this shall be a minimum of 72 hours but may be extended on a case -by -
case basis.
Involved officers may consult individually with a labor representative and legal counsel of their
choosing prior to speaking with investigators or providing statements. In order to maintain the
integrity of the investigation, involved officers should not consult or meet with a representative or
attorney collectively or in groups prior to being interviewed.
The involved officers will be afforded all constitutional rights during the criminal investigation.
IIT investigators will generally request a voluntary report or statement from the involved officer.
Involved officers will not be ordered to provide statements or reports without approval from the
Chief of Police or designee. In the event a statement is compelled from an involved officer as part of
an administrative investigation, members are prohibited from providing the compelled statement,
or any of the investigative fruits from such compelled statements, to any member of the IIT.
Witness and uninvolved officers are required to provide necessary reports and/or statements.
305.6.3 INFORMATION FIREWALLS
Apart from the initial exchange of information when transferring the responsibility of the scene to IIT
investigators, no member of the Department will discuss the investigation with, receive information
or materials from, or provide information or material to, a member of the IIT without the approval
of the Chief of Police or designee. The Chief of Police or designee will not approve of such an
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exchange without first consulting the IIT incident commander. Any unauthorized information that
is shared or received shall immediately be reported to the Chief of Police or designee and the
IIT commander.
305.7 ADMINISTRATIVE INVESTIGATION
The Department will conduct a use of force review or an internal administrative investigation to
determine conformance with departmental policy. The review will be conducted in accordance
with any applicable provisions of the current collective bargaining agreement.
305.8 AUDIO AND VIDEO RECORDINGS
Any known video or audio recordings of an incident should not be publicly released during an
ongoing investigation without consulting the investigators, the prosecutor's office, or the City
Attorney's Office as appropriate.
Any officer involved in a shooting or death may be permitted to review their own Mobile Audio/
Video (MAV), body -worn video, or other video or audio recordings after providing a recorded
statement or completing reports. At the discretion of investigators, this viewing may be used to
allow an officer to provide additional supplementary statements.
305.9 POST -INCIDENT OFFICER CARE AND RETURN TO DUTY
Following an officer -involved shooting or death, the Port Orchard Police Department should
conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness
Program Policy for guidance on Critical Incident Stress Debriefings.
305.9.1 PSYCHOLOGICAL WELLNESS AND FITNESS FOR DUTY
Prior to being authorized to return to duty an involved officer will meet with a psychologist or
psychiatrist to ensure the officer is ready to return to work. This is not a fitness for duty exam.
Communications between the psychologist or psychiatrist and the involved officer are privileged
and will not be divulged other than to notify the City whether or not the officer is ready to return
to full duty.
A fitness for duty exam may also be required before the involved officer is authorized to return
to full duty. A psychological fitness for duty exam is formal, specialized examination, generally
conducted in accordance with International Association of Chiefs of Police (IACP) protocols. A
fitness for duty exam may be required when:
(a) Objective evidence that the employee may be unable to safely or effectively perform
a defined job, and,
(b) A reasonable basis for believing that the cause may be attributable to a psychological
condition or impairment.
The purpose of a fitness for duty exam is to determine whether the employee is able to safely and
effectively perform his or her essential job functions. The examiner provides a written report to the
Department that describes the methods employed, and whenever possible, a clearly articulated
opinion that the examinee is presently fit or unfit for unrestricted duty.
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305.9.1 CRITICAL INCIDENT DEBRIEFING
A psychologist or trained facilitator will conduct a group debriefing, upon request, with personnel
involved in the event. The debriefing is not part of any investigative process. Attendance at the
debriefing is voluntary and should only include approved facilitators and those directly involved
in the incident who have already provided required statements and reports. Notes or recordings
will not be made. If an involved officer is unable to participate in a debriefing because they have
not completed their official statements, arrangements should be made for the officer to meet
individually with a psychologist.
305.9.3 FIREARMS TRAINING
If the officer has been issued a replacement firearm, the officer will complete a training session
at the range with an instructor in order to ensure familiarization and that the replacement is in
good working order.
If the involved firearm is cleared to be released back to the officer for duty purposes, the involved
officer will ensure the weapon has been function -tested at the range prior to carrying it.
305.10 TACTICAL DEBRIEF
A tactical debriefing should take place to identify any training, equipment, or areas of policy that
need improvement. The Chief of Police should identify the appropriate participants.
305.11 TRIBAL NOTIFICATION
If the person against whom deadly force was used is believed to be a member of a federally
recognized tribe, the Department will notify the Governor's Office of Indian Affairs (GOIA) in
accordance with RCW 10.114.021.
305.12 SELF -DEPLOYMENT
After the initial response to and stabilization of the scene of a use of deadly force by a member
of this Department, employees shall not self -deploy or engage in investigative activities, including
database searches, without authorization from the IIT commander.
305.13 NON -LAW ENFORCEMENT COMMUNITY REPRESENTATIVES
RCW 10.114.011 established an independent investigation requirement when an officer uses
deadly force that results in death, substantial bodily harm, or great bodily harm. The criteria for
an independent investigation, as established by WAC 139-12, requires that at least two non -law
enforcement community representatives be assigned to the IIT.
305.13.1 COMMUNITY REPRESENTATIVE SELECTION
The chiefs and sheriffs who participate in the regional IIT team shall create a roster of individuals
willing to serve in the capacity of a community representative. These community representatives
must have credibility with, and ties to, communities impacted by police use of deadly force.
When a member of this department uses deadly force that results in death, substantial bodily
harm, or great bodily harm to another, the Chief will select two non -law enforcement community
representatives from the established roster to participate on the IIT for that investigation. The
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names of the non -law enforcement community representatives on the IIT will be available to the
public.
Each non -law enforcement community representative must sign a binding confidentiality
agreement at the beginning of each investigation in accordance with WAC 139-12. The binding
confidentiality agreement remains in effect until the Prosecutor either declines to file charges or
the criminal case is concluded.
305.13.2 COMMUNITY REPRESENTATIVE DUTIES
Non -law enforcement community representatives on the IIT will:
(a) Participate in the interviewing and selection of IIT investigators
(b) Review investigator "conflict -of -interest statements" submitted within seventy-two
hours of the commencement of each investigation
(c) Be present at briefings provided to the Chief by the IIT
(d) Have access to the investigation file when it is completed
(e) Be provided a copy of all press releases and communication to the media prior to
release
(f) Review notification of equipment use of the involved agency
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306.1 PURPOSE AND SCOPE
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms
maintenance, and firearms training.
This policy does not apply to issues related to the use of firearms that are addressed in the Use
of Force or Officer -Involved Shootings and Deaths policies.
This policy only applies to those members who are authorized to carry firearms.
306.2 POLICY
The Port Orchard Police Department will equip its members with firearms to address the risks
posed to the public and department members by violent and sometimes well -armed persons.
The Department will ensure firearms are appropriate and in good working order and that relevant
training is provided as resources allow.
306.3 AUTHORIZED FIREARMS, AMMUNITION, AND OTHER WEAPONS
A firearm is a weapon with lethal ammunition carried by an officer that meets the firearm
specifications of the Department or that has been authorized as a specialty firearm by the Chief of
Police or the authorized designee (Washington State Office of the Attorney General Model Use of
Force Policy). Members shall only use firearms that are issued or approved by the Department and
have been thoroughly inspected by the Rangemaster. No firearm shall be carried by a member
who has not qualified with that firearm at an authorized department range.
All other weapons not provided by the Department may not be carried by members in the
performance of their official duties without the express written authorization of the Chief of
Policeincluding but not limited to:
(a) Edged weapons.
(b) Chemical or electronic weapons.
(c) Impact weapons.
(d) Any weapon prohibited, or restricted by law, or that is not covered elsewhere by
department policy.
This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise
prohibited by law.
306.3.1 HANDGUNS
The department -issued handgun is the Glock platform (17, 19, 22, 23, 34, 35, and 41) chambered
in 9mm, .40, or.45 ACP. Officers desiring to carry their own duty firearm are allowed with the
approval of the Range Master and the Chief of Police.
306.3.2 PATROL RIFLES
The authorized department -issued patrol rifle is the FN 15 carbine chambered in 5.56 caliber.
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Members may deploy the patrol rifle in any circumstance where the member can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:
(a) Situations where the member reasonably anticipates an armed encounter.
(b) When a member is faced with a situation that may require accurate and effective fire
at long range.
(c) Situations where a member reasonably expects the need to meet or exceed a
suspect's firepower.
(d) When a member reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
(e) When a member reasonably believes that a suspect may be wearing body armor.
(f) When authorized or requested by a supervisor.
(g) When needed to euthanize an animal.
When not deployed, the patrol rifle shall be properly secured consistent with department training
in a locking weapons rack in the patrol vehicle.
306.3.3 PERSONALLY OWNED DUTY FIREARMS
Members desiring to carry an authorized but personally owned duty firearm must receive written
approval from the Chief of Police or the authorized designee. Once approved, personally owned
duty firearms are subject to the following restrictions:
(a) The firearm shall be in good working order and on the department list of approved
firearms.
(b) The firearm shall be inspected by the Rangemasteror designee prior to being carried
and thereafter shall be subject to inspection whenever it is deemed necessary.
(c) Prior to carrying the firearm, members shall qualify under range supervision and
thereafter shall qualify in accordance with the department qualification schedule.
Members must demonstrate proficiency and safe handling, and that the firearm
functions properly.
(d) Members shall provide written notice of the make, model, color, serial number and
caliber of the firearm to the Rangemaster, who will maintain a list of the information.
306.3.4 AUTHORIZED SECONDARY HANDGUN
Members desiring to carry department or personally owned secondary handguns are subject to
the following restrictions:
(a) The handgun shall be in good working order and on the department list of approved
firearms.
(b) Only one secondary handgun may be carried at a time.
(c) The purchase of the handgun and ammunition shall be the responsibility of the
member unless the handgun and ammunition are provided by the Department.
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(d) The handgun shall be carried concealed at all times and in such a manner as to prevent
unintentional cocking, discharge or loss of physical control.
(e) The handgun shall be inspected by the Rangemasteror designee prior to being carried
and thereafter shall be subject to inspection whenever it is deemed necessary.
(f) Ammunition shall be the same as department issue. If the caliber of the handgun
is other than department issue, the Chief of Police or the authorized designee shall
approve the ammunition.
(g) Prior to carrying the secondary handgun, members shall qualify under range
supervision and thereafter shall qualify in accordance with the department qualification
schedule. Members must demonstrate proficiency and safe handling, and that the
handgun functions properly.
(h) Members shall provide written notice of the make, model, color, serial number and
caliber of a secondary handgun to the Rangemaster, who will maintain a list of the
information.
306.3.5 AUTHORIZED OFF -DUTY FIREARMS
The carrying of firearms by members while off -duty is permitted by the Chief of Police but may be
rescinded should circumstances dictate (e.g., administrative leave). Sworn officers who choose
to off -duty concealed carry either:
• A Department -owned firearm, or
• A personally -owned firearm based solely on their authority as a peace officer (no
concealed pistol license),
will be required to meet the following guidelines:
(a) A personally owned firearm shall be used, carried and inspected in accordance with
the Personally Owned Duty Firearms requirements in this policy.
(b) The purchase of the personally owned firearm and ammunition shall be the
responsibility of the member.
(c) The firearm shall be carried concealed at all times and in such a manner as to prevent
unintentional cocking, discharge or loss of physical control.
(d) It will be the responsibility of the member to submit the firearm to the Rangemasteror
designee for inspection prior to being personally carried. Thereafter the firearm shall
be subject to periodic inspection by the Rangemaster or designee.
(e) Prior to carrying any off -duty firearm, the member shall demonstrate to the
Rangemaster that he/she is proficient in handling and firing the firearm and that it will
be carried in a safe manner.
(f) The member will successfully qualify with the firearm prior to it being carried.
(g) Members shall provide written notice of the make, model, color, serial number and
caliber of the firearm to the Rangemaster, who will maintain a list of the information.
(h) If a member desires to use more than one firearm while off -duty, he/she may do so,
as long as all requirements set forth in this policy for each firearm are met.
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(i) Members shall only carry department -authorized ammunition.
Q) When armed, officers shall carry their badges and Port Orchard Police Department
identification cards under circumstances requiring possession of such identification.
306.3.6 AMMUNITION
Members shall carry only department -authorized ammunition. Members shall be issued fresh
duty ammunition in the specified quantity for all department -issued firearms during the member's
firearms qualification. Replacements for unserviceable or depleted ammunition issued by the
Department shall be dispensed by the Rangemaster when needed, in accordance with established
policy.
Uniformed officers will carry on their duty belt a minimum of two full reloads for their firearm. Plain
clothes officers will carry a minimum of one full reload for their duty firearm on their person.
306.4 EQUIPMENT
Firearms carried on- or off -duty shall be maintained in a clean, serviceable condition. Maintenance
and repair of authorized personally owned firearms are the responsibility of the individual member.
306.4.1 REPAIRS OR MODIFICATIONS
Each member shall be responsible for promptly reporting any damage or malfunction of an
assigned firearm to a supervisor or the Rangemaster.
Firearms that are the property of the Department or personally owned firearms that are approved
for department use may be repaired or modified only by a person who is department -approved
and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or
repair must be authorized in advance by the Rangemaster or designee.
Any repairs or modifications to the member's personally owned firearm shall be done at his/her
expense and must be approved by the Rangemaster or designee.
Modifications which remove or disable any factory installed safety device or which changes
standard trigger pull weights as specified by the manufacturer will not be authorized.
The following modifications will generally be authorized:
(a) Non -factory sights, such as high visibility or night -sights.
(b) Grips or grip adaptors which do not affect the operation of the weapon.
(c) After -market recoil guide rods and guide rod springs.
(d) After -market triggers which comply with factory trigger pull weight specifications.
(e) Aesthetic modifications, such as slide or frame refinishing, which do not affect the
safety or operation of the firearm.
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306.4.2 HOLSTERS
Only department -approved holsters shall be used and worn by members. Members shall
periodically inspect their holsters to make sure they are serviceable and provide the proper security
and retention of the handgun.
306.4.3 TACTICAL LIGHTS
Tactical lights may only be installed on a firearm carried on- or off -duty after they have been
examined and approved by the Rangemaster. Once the approved tactical lights have been
properly installed on any firearm, the member shall qualify with the firearm to ensure proper
functionality and sighting of the firearm prior to carrying it.
306.4.4 OPTICS OR LASER SIGHTS
Optics or laser sights may only be installed on a firearm carried on- or off -duty after they have
been examined and approved by the Rangemaster. Any approved sight shall only be installed
in strict accordance with manufacturer specifications. Once approved sights have been properly
installed on any firearm, the member shall qualify with the firearm to ensure proper functionality
and sighting of the firearm prior to carrying it.
Except in an approved training situation, a member may only sight in on a target when the member
would otherwise be justified in pointing a firearm at the target.
306.5 SAFE HANDLING, INSPECTION AND STORAGE
Members shall maintain the highest level of safety when handling firearms and shall consider the
following:
(a) Members shall not unnecessarily display or handle any firearm.
(b) Members shall be governed by all rules and regulations pertaining to the use of the
range and shall obey all orders issued by the Rangemaster. Members shall not dry
fire or practice quickdraws except as instructed by the Rangemaster or other firearms
training staff.
(c) Members shall not clean, repair, load or unload a firearm anywhere in the Department,
except where clearing barrels are present.
(d) Members shall not place or store any firearm or other weapons on department
premises except where the place of storage is locked. No one shall carry firearms into
the jail section or any part thereof when securing or processing an arrestee but shall
place all firearms in a secured location. Members providing access to the jail section to
persons from outside agencies are responsible for ensuring firearms are not brought
into the jail section.
(e) Members shall not use any automatic firearm, heavy -caliber rifle, gas or other types
of chemical weapons or firearms from the armory, except with the approval of a
supervisor.
(f) Any firearm authorized by the Department to be carried on- or off -duty that is
determined by a member to be malfunctioning or in need of service or repair shall
not be carried. It shall be promptly presented to the Department or a Rangemaster
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approved by the Department for inspection and repair. Any firearm deemed in need
of repair or service by the Rangemaster will be immediately removed from service. If
the firearm is the member's primary duty firearm, a replacement firearm will be issued
to the member until the duty firearm is serviceable.
306.5.1 INSPECTION AND STORAGE
All firearms shall be inspected regularly and upon access or possession by another person. The
member shall ensure that the firearm is carried in the proper condition and loaded with approved
ammunition. During any inspection, all firearms shall be pointed in a safe direction or into clearing
barrels.
306.5.2 STORAGE AT HOME
Members shall ensure that all firearms and ammunition are locked and secured while in their
homes, vehicles or any other area under their control, and in a manner that will keep them
inaccessible to children and others who should not have access. Members shall not permit
department -issued firearms to be handled by anyone not authorized by the Department to do so.
Members should be aware that negligent storage of a firearm could result in criminal or civil liability.
306.5.3 ALCOHOL AND DRUGS
Firearms shall not be carried by any member, either on- or off -duty, who has consumed an amount
of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof
that would tend to adversely affect the member's senses or judgment.
306.5.4 REPORTING LOSS OR THEFT OF FIREARM
Employees shall immediately report the loss or theft of any Department- or personally -owned
firearm (used on- or off -duty) to the Chief of Police through the Chain of Command. The report
will be in writing and will detail all the facts concerning the incident.
306.6 FIREARMS TRAINING AND QUALIFICATIONS
All members who carry a firearm while on -duty are required to successfully complete training
and qualifications at least annually with their duty firearms. Members will qualify with off -duty and
secondary firearms at least annually. Training and qualifications must be on an approved range
course.
At least annually, all members carrying a firearm should receive practical training designed to
simulate field situations including low -light shooting.
306.6.1 NON -CERTIFICATION OR NON -QUALIFICATION
If any member fails to meet minimum standards for firearms training or qualification for any
reason, including injury, illness, duty status or scheduling conflict, that member shall submit
a memorandum to his/her immediate supervisor prior to the end of the required training or
qualification period.
Those who fail to meet minimum standards or qualify on their first shooting attempt shall be
provided remedial training and will be subject to the following requirements:
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(a) Additional range assignments may be scheduled to assist the member in
demonstrating consistent firearm proficiency.
(b) Members shall be given credit for a range training or qualification when obtaining a
qualifying score or meeting standards after remedial training.
(c) No range credit will be given for the following:
1. Unauthorized range make-up.
2. Failure to meet minimum standards or qualify after remedial training.
Members who repeatedly fail to meet minimum standards will be removed from field assignment
and may be subject to disciplinary action.
If a range instructor recognizes an officer is experiencing equipment or mechanical problems
during a qualification, the officer will be allowed to re -qualify once the situation is rectified.
The range instructors will score a qualification attempt as a failure if an officer displays poor
marksmanship, commits serious safety violations, or displays an inability to operate all of the
weapon's controls. All qualification attempts, pass or fail, will be documented.
The range instructor's determination will be final for that qualification on all issues of safety.
Grounds for disqualification based on safety violations include but are not limited to:
• Pointing a firearm at another person or self;
• Negligent discharge.
306.7 FIREARM DISCHARGE
Except during training or recreational use, any member who discharges a firearm intentionally or
unintentionally, on- or off -duty, shall make a verbal report to a supervisor as soon as circumstances
permit. If the discharge results in injury or death to another person, additional statements and
reports shall be made in accordance with the Use of Deadly Force and In -Custody Deaths Policy.
If a firearm was discharged as a use of force, the involved member shall adhere to the additional
reporting requirements set forth in the Use of Force Policy.
In all other cases, written reports shall be made as follows:
(a) If on -duty at the time of the incident, the member shall file a written report or provide a
recorded statement to investigators prior to the end of shift, unless otherwise directed.
(b) If off -duty at the time of the incident, a written report shall be submitted or recorded
statement provided no later than the end of the next regularly scheduled shift, unless
otherwise directed by a supervisor.
In all cases, the supervisor shall ensure a review is conducted and provided to the Operations
Deputy Chief.
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306.7.1 DESTRUCTION OF ANIMALS
Members are authorized to use firearms to stop an animal in circumstances where the animal
reasonably appears to pose an imminent threat to human safety and alternative methods are not
reasonably available or would likely be ineffective.
In circumstances where there is sufficient advance notice that a potentially dangerous animal
may be encountered, department members should develop reasonable contingency plans for
dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC)
spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a
dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes
impractical, or if the animal reasonably appears to pose an imminent threat to human safety.
306.7.2 INJURED ANIMALS
With the approval of a supervisor, a member may euthanize an animal that is so badly injured that
human compassion requires its removal from further suffering and where other dispositions are
impractical. Injured animals (with the exception of dogs and cats) may only be euthanized after a
reasonable search to locate the owner has been made. Humane Society/Animal Control shall be
called to deal with domesticated animals and/or pets.
306.7.3 WARNING SHOTS
An officer shall not use a firearm to fire a warning shot (Washington State Office of the Attorney
General Model Use of Force Policy).
306.8 RANGEMASTER DUTIES
The range will be under the exclusive control of the Rangemaster. All members attending will
follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members
attending the range and will submit the roster to the Deputy Chief after each range date.
The range shall remain operational and accessible to department members during hours
established by the Department.
The Rangemaster has the responsibility of making periodic inspections, at least once a year, of all
duty weapons carried by officers of this department to verify proper operation. The Rangemaster
has the authority to deem any department -issued or personally owned firearm unfit for service.
The member will be responsible for all repairs to his/her personally owned firearm; it will not be
returned to service until inspected and approved by the Rangemaster.
The Rangemaster has the responsibility for ensuring each member meets the minimum
requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency
in the care, cleaning and safety of all firearms the member is authorized to carry.
The Rangemaster shall complete and submit to the Administrative Services Deputy Chief
documentation of the training courses provided. Documentation shall include the qualifications of
each instructor who provides the training, a description of the training provided and, on a form
that has been approved by the Department, a list of each member who completes the training.
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The Rangemaster should keep accurate records of all training shoots, qualifications, repairs,
maintenance or other records as directed by the Administrative Services Deputy Chief.
306.9 FLYING WHILE ARMED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement
officers flying armed on commercial aircraft. The following requirements apply to officers who
intend to be armed while flying on a commercial air carrier or flights where screening is conducted
(49 CFR 1544.219):
(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation
or pleasure, and must have a need to have the firearm accessible, as determined by
the Department based on the law and published TSA rules.
(b) Officers must carry their Port Orchard Police Department identification card, bearing
the officer's name, a full -face photograph, identification number, the officer's signature
and the signature of the Chief of Police or the official seal of the Department and must
present this identification to airline officials when requested. The officer should also
carry the standard photo identification needed for passenger screening by airline and
TSA officials (e.g., driver license, passport).
(c) The Port Orchard Police Department must submit a National Law Enforcement
Telecommunications System (NLETS) message prior to the officer's travel. If
approved, TSA will send the Port Orchard Police Department an NLETS message
containing a unique alphanumeric identifier. The officer must present the message on
the day of travel to airport personnel as authorization to travel while armed.
(d) An official letter signed by the Chief of Police authorizing armed travel may also
accompany the officer. The letter should outline the officer's need to fly armed, detail
his/her itinerary, and include that the officer has completed the mandatory TSA training
for a law enforcement officer flying while armed.
(e) Officers must have completed the mandated TSA security training covering officers
flying while armed. The training shall be given by the department -appointed instructor.
(f) It is the officer's responsibility to notify the air carrier in advance of the intended
armed travel. This notification should be accomplished by early check -in at the carrier's
check -in counter.
(g) Any officer flying while armed should discreetly contact the flight crew prior to take -off
and notify them of his/her assigned seat.
(h) Discretion must be used to avoid alarming passengers or crew by displaying a
firearm. The officer must keep the firearm concealed on his/her person at all times.
Firearms are not permitted in carry -on luggage and may not be stored in an overhead
compartment.
(i) Officers should try to resolve any problems associated with flying armed through the
flight captain, ground security manager, TSA representative or other management
representative of the air carrier.
(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight
hours prior to boarding an aircraft.
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306.10 CARRYING FIREARMS OUT OF STATE
Qualified, active, full-time officers of this department are authorized to carry a concealed firearm
in all other states subject to the following conditions (18 USC § 92613):
(a) The officer shall carry his/her Port Orchard Police Department identification card
whenever carrying such firearm.
(b) The officer is not the subject of any current disciplinary action.
(c) The officer may not be under the influence of alcohol or any other intoxicating or
hallucinatory drug.
(d) The officer will remain subject to this and all other department policies (including
qualifying and training).
Officers are cautioned that individual states may enact local regulations that permit private
persons or entities to prohibit or restrict the possession of concealed firearms on their property,
or that prohibit or restrict the possession of firearms on any state or local government property,
installation, building, base or park. Federal authority may not shield an officer from arrest and
prosecution in such locally restricted areas.
Active permits from other states are subject to all requirements set forth in 18 USC § 926B.
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Vehicle Pursuits
307.1 PURPOSE AND SCOPE
This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers,
the public, and fleeing suspects.
307.1.1 DEFINITIONS
Definitions related to this policy include:
Attempting to Elude - Refers to the actions of a vehicle operator who after being given a visual
or audible signal to bring the vehicle to a stop fails or refuses to immediately stop the vehicle and
drives in a reckless manner while attempting to elude a uniformed officer operating a pursuing
police vehicle that is equipped with emergency lights and siren (RCW 46.61.024).
Blocking or vehicle intercept - A slow -speed coordinated maneuver where two or more pursuing
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which
may be unaware of the impending enforcement stop. The goal is containment and preventing a
pursuit. Blocking is not a moving or stationary roadblock.
Boxing -in - A tactic designed to stop a suspect's vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Failure to yield - Refers to a vehicle operator who fails to stop or respond to emergency light(s)
and siren of a law enforcement vehicle. Generally, the vehicle operator continues to travel forward,
at or below the speed limit, observes the rules of the road critical to public safety, and does not
change the direction of travel in an evasive manner. When an officer attempts to stop the vehicle
and the violator begins to increase speed, disregard the rules of the road, or drive in an evasive
manner, the officer should discontinue following the vehicle unless a pursuit would be authorized
under this policy.
Pursuit Immobilization Technique (PIT) - A low -speed maneuver designed to cause the suspect
vehicle to spin out, stall and come to a stop.
Ramming - The deliberate act of contacting a suspect's vehicle with another law enforcement
vehicle to functionally damage or otherwise force the suspect's vehicle to stop.
Roadblocks - A tactic designed to stop a suspect's vehicle by intentionally placing a law
enforcement vehicle or other immovable object in the path of the suspect's vehicle.
Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.
Tire deflation device - A device designed to puncture the tires of the pursued vehicle.
Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without
activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle
will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of
participation in the pursuit.
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Vehicle pursuit - An event involving one or more law enforcement officers attempting to
apprehend a suspect, who is attempting to avoid arrest while operating a vehicle by using high-
speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving
in a legal manner but willfully failing to yield to an officer's emergency signal to stop (RCW
10.116.060).
307.2 POLICY
It is the policy of this department to weigh the importance of apprehending suspects who unlawfully
flee from law enforcement against the risks associated with vehicle pursuits.
307.3 OFFICER RESPONSIBILITIES
Vehicle pursuits shall only be conducted using authorized police department emergency vehicles
that are equipped with and displaying emergency lighting and sirens as required by law.
Officers shall drive with due regard for the safety of all persons and property. However, officers
may, when in pursuit of a suspect and provided there is no unreasonable risk to persons and
property (RCW 46.61.035):
(a) Proceed past a red or stop signal or stop sign but only after slowing down as may be
necessary for safe operation.
(b) Exceed the speed limit.
(c) Disregard regulations governing parking, direction of movement or turning in specified
directions.
307.3.1 WHEN TO INITIATE A PURSUIT
Officers are not authorized to initiate a pursuit unless the following criteria exists (RCW
10.116.060):
(a) When reasonable suspicion exists to believe that a person has violated the law;
(b) The pursuit is necessary for the purpose of identifying or apprehending the person;
and,
(c) The person poses a threat to the safety of others and the safety risks of failing to
apprehend or identify the person are considered to be greater than the safety risks of
the vehicle pursuit under the circumstances.
The fact that an officer had to move from the path of a fleeing vehicle does not, by itself, constitute
an assault or attempted murder for the purposes of this policy.
307.3.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be terminated whenever the totality of objective circumstances known or which
reasonably ought to be known to the officer or supervisor during the pursuit indicates that the
present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the
suspect's escape.
When a supervisor directs the pursuit to be terminated, officers will immediately terminate the
pursuit.
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The factors listed in this policy on when to initiate a pursuit will apply equally to the decision
to terminate a pursuit. Officers and supervisors must objectively and continuously weigh the
seriousness of the offense against the potential danger to innocent motorists, themselves and the
public when electing to continue a pursuit.
In addition to the factors that govern when to initiate a pursuit, other factors should be considered
in deciding whether to terminate a pursuit, including:
(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that
further pursuit would be futile or require the pursuit to continue for an unreasonable
time or distance.
(b) The pursued vehicle's location is no longer definitely known.
(c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe
to drive.
(d) The pursuing vehicle's emergency lighting equipment or siren becomes partially or
completely inoperable.
(e) Hazards to uninvolved bystanders or motorists.
(f) The danger that the continued pursuit poses to the public, the officers or the suspect,
balanced against the risk of allowing the suspect to remain at large.
(g) The identity of the suspect is known and it does not reasonably appear that the need
for immediate capture outweighs the risks associated with continuing the pursuit.
(h) Extended pursuits of violators for misdemeanors not involving violence or weapons
(independent of the pursuit) are generally discouraged.
307.3.3 VEHICLE PURSUIT FACTORS
Factors that shall be considered, both individually and collectively, when deciding to initiate or
continue a pursuit include but are not limited to (Chapter 320 § 7, 2021 Laws):
(a) The seriousness of the known or reasonably suspected crime and its relationship to
community safety.
(b) The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
officers, innocent motorists, and others.
(c) The safety of the public in the area of the pursuit, including the type of area, time of
day, the amount of vehicular and pedestrian traffic (e.g., school zones), and the speed
of the pursuit relative to these factors.
(d) The pursuing officers' familiarity with the area of the pursuit, the quality of radio
communications between the pursuing vehicles and the dispatcher/supervisor, and
the driving capabilities of the pursuing officers under the conditions of the pursuit.
(e) Whether weather, traffic, and road conditions unreasonably increase the danger of the
pursuit when weighed against the risks resulting from the suspect's escape.
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(f) Whether the identity of the suspect has been verified and whether there is
comparatively minimal risk in allowing the suspect to be apprehended at a later time.
(g) The performance capabilities of the vehicles used in the pursuit in relation to the speed
and other conditions of the pursuit.
(h) Emergency lighting and siren limitations on unmarked police department vehicles
that may reduce visibility of the vehicle, such as visor or dash -mounted lights,
concealable or temporary emergency lighting equipment, and concealed or obstructed
siren positioning.
(i) Vehicle speeds.
Q) Other persons in or on the pursued vehicle (e.g., minors, passengers, co -offenders,
hostages).
(k) The availability of other resources, such as air support assistance.
(1) Whetherthe pursuing vehicle is carrying passengers otherthan on -duty police officers.
Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless
exigent circumstances exist, and then only after the need to apprehend the suspect
is weighed against the safety of the arrestee in transport. A vehicle containing more
than a single arrestee should not be involved in a pursuit.
307.4 PURSUIT VEHICLES
When involved in a pursuit, unmarked police department emergency vehicles should be replaced
by marked emergency vehicles whenever practicable.
Vehicle pursuits should be limited to three police department emergency vehicles (two pursuit
vehicles and the supervisor vehicle). However, the number of vehicles involved will vary with the
circumstances.
An officer or supervisor may request that additional vehicles join a pursuit if, after assessing the
factors outlined above, it appears that the number of officers involved would be insufficient to safely
arrest the number of suspects. All other officers shall stay out of the pursuit but should remain alert
to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed
to the pursuit termination point at legal speeds, following the appropriate rules of the road.
307.4.1 SHIFT SERGEANT RESPONSIBILITY
Upon approving a pursuit, the Shift Supervisor shall monitor and continually assess the situation
and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Shift
Supervisor has the final responsibility for the coordination, control and termination of a vehicle
pursuit and shall be in overall command.
The Shift Supervisor shall review all pertinent reports for content and forward them to the
Administrative Services Deputy Chief.
307.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT
Officers operating vehicles not equipped with emergency lights and siren are prohibited from
initiating or joining in any pursuit. Officers in such vehicles may provide support to pursuing
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vehicles as long as the vehicle is operated in compliance with all traffic laws. Those officers should
discontinue such support immediately upon arrival of a sufficient number of authorized emergency
police department vehicles or any air support.
307.4.3 PRIMARY PURSUIT VEHICLE RESPONSIBILITIES
The initial pursuing officer will be designated as the primary pursuit vehicle and will be responsible
for the conduct of the pursuit unless the officer is unable to remain reasonably close to the
suspect's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension
of the suspect without unreasonable danger to themself or others.
The primary pursuing officer shall notify a supervisor immediately upon initiating a vehicle pursuit.
The officer and the supervisor shall consider alternatives to initiating a vehicle pursuit as well as
safety considerations (RCW 10.116.060).
The primary pursuing officer shall notify the dispatcher, commencing with a request for priority
radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable provide
information including but not limited to:
(a) The location, direction of travel, and estimated speed of the suspect's vehicle.
(b) The description of the suspect's vehicle including the license plate number, if known.
(c) The reason for the pursuit.
(d) The use of firearms, threat of force, violence, injuries, hostages, or other unusual
hazards.
(e) The number of occupants and identity or description.
(f) The weather, road, and traffic conditions.
(g) The need for any additional resources or equipment.
(h) The identity of other law enforcement agencies involved in the pursuit.
Until relieved by a supervisor or a secondary pursuing officer, the officer in the primary pursuit
vehicle shall be responsible for broadcasting the progress of the pursuit. Unless circumstances
reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable,
relinquish the responsibility of broadcasting the progress of the pursuit to an officer in a secondary
pursuit vehicle or to air support joining the pursuit to minimize distractions and allow the primary
pursuing officer to concentrate foremost on safe pursuit tactics.
307.4.4 SECONDARY PURSUIT VEHICLE RESPONSIBILITIES
The second officer in the pursuit will be designated as the secondary pursuit vehicle and is
responsible for:
(a) Immediately notifying the dispatcher of his/her entry into the pursuit.
(b) Remaining a safe distance behind the primary pursuit vehicle unless directed to
assume the role of primary pursuit vehicle or if the primary pursuit vehicle is unable
to continue the pursuit.
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(c) Broadcasting information that the primary pursuing officer is unable to provide.
(d) Broadcasting the progress of the pursuit, updating known or critical information and
providing changes in the pursuit, unless the situation indicates otherwise.
(e) Identifying the need for additional resources or equipment as appropriate.
(f) Serving as backup to the primary pursuing officer once the suspect has been stopped.
307.4.5 MOTORCYCLES
When involved in a pursuit, police department motorcycles should be replaced by marked
emergency vehicles as soon as practicable.
307.5 PURSUIT DRIVING
The decision to use specific driving tactics requires the same assessment of the factors the officer
considered when determining whether to initiate and/or terminate a pursuit. The following are
tactics for officers who are involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will
space themselves from other involved vehicles such that they are able to see and
avoid hazards or react safely to unusual maneuvers by the fleeing vehicle.
(b) Because intersections can present increased risks, the following tactics should be
considered:
1. Available officers not directly involved in the pursuit may proceed safely to
controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing officers should exercise due caution and slow down as may be
necessary when proceeding through controlled intersections.
(c) As a general rule, officers should not pursue a vehicle driving the wrong direction on a
roadway, highway or freeway. In the event the pursued vehicle does so, the following
tactics should be considered:
1. Request assistance from available air support.
2. Maintain visual contact with the pursued vehicle by paralleling the vehicle while
driving on the correct side of the roadway.
3. Request other officers to observe exits available to the suspect.
(d) Notify the Washington State Patrol or other law enforcement agency if it appears that
the pursuit may enter its jurisdiction.
(e) Officers involved in a pursuit should not attempt to pass other pursuing vehicles unless
the situation indicates otherwise or they are requested to do so by the pursuing officer
and with a clear understanding of the maneuver process between the involved officers.
307.5.1 AIR SUPPORT ASSISTANCE
When available, air support assistance should be requested. Once the air support crew has
established visual contact with the pursued vehicle, they should assume communication control
over the pursuit. The primary and secondary ground pursuit vehicles, or involved supervisor, will
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maintain operational control but should consider whether the participation of air support warrants
their continued close proximity and/or involvement in the pursuit.
The air support crew should coordinate the activities of resources on the ground, report progress of
the pursuit, and provide officers and supervisors with details of upcoming traffic congestion, road
hazards or other pertinent information to evaluate whether to continue the pursuit. If officers on the
ground are not within visual contact of the pursued vehicle and the air support crew determines
that it is unsafe to continue the pursuit, the air support crew should recommend terminating the
pursuit.
307.5.2 OFFICERS NOT INVOLVED IN THE PURSUIT
Officers who are not involved in the pursuit should remain in their assigned areas, should
not parallel the pursuit route and should not become involved with the pursuit unless directed
otherwise by a supervisor. When necessary, officers not actively involved in the pursuit may
utilize an emergency response to block intersections, deploy tire deflation devices, or reach the
termination point. When deciding whether to respond in an emergent manner, officers should
consider the circumstances and conditions presented at the time, including the potential risk of
injury to officers and the public. Those officers should attempt to place their vehicles in locations
that provide some safety or an escape route in the event of an unintended collision or if the suspect
intentionally tries to ram the police department vehicle.
Non -pursuing members needed at the pursuit termination point should respond in a
nonemergency manner, observing the rules of the road.
307.5.3 PURSUIT TRAILING
In the event that initial pursuing officers relinquish control of the pursuit to another agency, the
initial officer may, with the permission of a supervisor, trail the pursuit to the termination point in
order to provide information and assistance for the arrest of the suspect and reporting the incident.
307.6 SUPERVISORY CONTROL AND RESPONSIBILITIES
Available supervisory and management control will be exercised over all vehicle pursuits involving
officers from this department (RCW 10.116.060).
The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor,
will be responsible for:
(a) Immediately notifying involved officers and the dispatcher of supervisory presence and
ascertaining all reasonably available information to continuously assess the situation
and risk factors associated with the pursuit. This is to ensure that the pursuit is
conducted within established department guidelines.
(b) Engaging in the pursuit, when appropriate, to provide on -scene supervision.
(c) Exercising management and control of the pursuit even if not engaged in it.
(d) Ensuring that no more than the required law enforcement vehicles are involved in the
pursuit under the guidelines set forth in this policy.
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(e) Directing that the pursuit be terminated if, in the field supervisor's judgment, it is not
justified to continue the pursuit under the guidelines of this policy.
(f) Ensuring that assistance from air support, canines, or additional resources is
requested, if available and appropriate.
(g) Ensuring that the proper radio channel is being used.
(h) Ensuring that the Shift Supervisor is notified of the pursuit, as soon as practicable.
(i) Ensuring the notification and/or coordination of outside agencies if the pursuit either
leaves or is likely to leave the jurisdiction of this department.
(j) Controlling and managing Port Orchard Police Department officers when a pursuit
enters another jurisdiction.
(k) Preparing a post -pursuit review and documentation of the pursuit as required.
307.6.1 SERGEANT RESPONSIBILITIES
Upon becoming aware that a pursuit has been initiated, the sergeant should monitor and
continually assess the situation and ensure the pursuit is conducted within the guidelines and
requirements of this policy. The sergeant has the final responsibility for the coordination, control
and termination of a vehicle pursuit and shall be in overall command.
The sergeant shall review all pertinent reports for content and forward them to the Administrative
Services Deputy Chief.
307.7 KITSAP 911
If the pursuit is confined within the City limits, radio communications will be conducted on the
primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves the
jurisdiction of this department or such is imminent, involved officers should, whenever available,
switch radio communications to a tactical or emergency channel most accessible by participating
agencies.
307.7.1 RESPONSIBILITIES
Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible
for:
(a) Clearing the radio channel of nonemergency traffic.
(b) Coordinating pursuit communications of the involved officers.
(c) Broadcasting pursuit updates as well as other pertinent information as necessary.
(d) Ensuring that a field supervisor is notified of the pursuit.
(e) Notifying and coordinating with other involved or affected agencies as practicable.
(f) Notifying the Shift Supervisor as soon as practicable.
(g) Assigning an incident number and logging all pursuit activities.
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307.8 LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the involved officers should broadcast pertinent information
to assist other officers in locating the vehicle. The primary pursuing officer or supervisor will be
responsible for coordinating any further search for either the pursued vehicle or suspects fleeing
on foot.
307.9 INTERJURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary pursuing officer or supervisor,
taking into consideration the distance traveled, unfamiliarity with the area and other pertinent facts,
shall determine whether to request the other agency to assume the pursuit.
The primary pursuing officer or supervisor shall ensure that notification is provided to each outside
jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether the
jurisdiction is expected to assist.
307.9.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY
Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless
the continued assistance of the Port Orchard Police Department is requested by the agency
assuming the pursuit. Upon relinquishing control of the pursuit, the involved officers may proceed,
with supervisory approval, to the termination point of the pursuit to assist in the investigation.
The supervisor should coordinate such assistance with the assuming agency and obtain any
information that is necessary for any reports.
The roles and responsibilities of officers at the termination point of a pursuit initiated by this
department shall be coordinated with appropriate consideration of the needs of the agency
assuming the pursuit.
Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be specific. Because of
communication limitations between local law enforcement agencies, a request for another
agency's assistance will mean that its personnel will assume responsibility for the pursuit. For the
same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to
this department, the other agency should relinquish control.
307.9.2 PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit shall be responsible for conducting the pursuit. Officers from
this department should not join a pursuit unless specifically requested to do so by the pursuing
agency and with approval from a supervisor. The exception to this is when a single vehicle from the
initiating agency is in pursuit. Under this circumstance, an officer from this department may, with
supervisor approval, immediately join the pursuit until sufficient vehicles from the initiating agency
join the pursuit or until additional information is provided allowing withdrawal from the pursuit.
When a request is made for this department to assist or take over a pursuit that has entered the
jurisdiction of the Port Orchard Police Department, the supervisor should consider:
(a) The public's safety within this jurisdiction.
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(b) The safety of the pursuing officers.
(c) Whether the circumstances are serious enough to continue the pursuit.
(d) Whether there is adequate staffing to continue the pursuit.
(e) The ability to maintain the pursuit.
As soon as practicable, a supervisor or the Shift Supervisor should review a request for assistance
from another agency. The Shift Supervisor or supervisor, after considering the above factors, may
decline to assist in or assume the other agency's pursuit.
Assistance to a pursuing agency by officers of this department will conclude at the City
limits, provided that the pursuing agency has sufficient assistance from other sources. Ongoing
participation from this department may continue only until sufficient assistance is present.
In the event that the termination point of a pursuit from another agency is within this
jurisdiction, officers shall provide appropriate assistance including, but not limited to, scene control,
coordination and completion of supplemental reports and any other assistance requested or
needed.
307.10 PURSUIT INTERVENTION
Pursuit intervention is an attempt to stop the suspect's ability to continue to flee in a vehicle through
tactical application of technology, tire deflation devices, blocking or vehicle intercept, boxing -in,
the PIT, ramming or roadblock procedures.
307.10.1 WHEN USE IS AUTHORIZED
As soon as practicable after initiating a pursuit, the primary pursuing officer and supervisor, if
available, shall develop a plan for the termination of the pursuit using available intervention options
(RCW 10.116.060).
In deciding whether to use intervention tactics, officers/supervisors should balance the risk of
allowing the pursuit to continue with the potential hazards arising from the use of each tactic to
the public, the officers, and persons in or on the pursued vehicle. With this in mind, the decision
to use any intervention tactic should be reasonable in light of the circumstances apparent to the
officer at the time of the decision.
307.10.2 USE OF FIREARMS
The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all
the dangers associated with discharging firearms. Officers may not fire a weapon upon a moving
vehicle unless necessary to protect against an imminent threat of serious physical harm resulting
from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection,
a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly
weapon and no other reasonable means to avoid potential serious harm are immediately available
to the officer (see the Use of Force Policy).
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307.10.3 INTERVENTION STANDARDS
Any intervention tactic, depending upon the conditions and circumstances under which it is used,
may present dangers to the officers, the public, or anyone in or on the vehicle being pursued.
Certain applications of intervention tactics may be construed to be a use of force, including
deadly force, and are subject to policies guiding such use. Officers shall consider these facts and
requirements prior to deciding how, when, where, and if an intervention tactic should be employed.
(a) Blocking or vehicle intercept should only be considered in cases involving felony
suspects or impaired drivers who pose a threat to the public's safety, and when officers
reasonably believe that attempting a conventional enforcement stop will likely result
in the driver attempting to flee in the vehicle. Because of the potential risks involved,
this intervention tactic should only be employed by properly trained officers and after
giving consideration to the following:
1. The need to immediately stop the suspect vehicle or prevent it from leaving
substantially outweighs the risk of injury or death to occupants of the suspect
vehicle, officers, or others.
2. All other reasonable intervention tactics have failed or reasonably appear
ineffective.
3. Employing the blocking or vehicle intercept maneuver does not unreasonably
increase the risk of danger to those involved or the public.
4. The suspect vehicle is stopped or traveling at a low speed.
5. Only law enforcement vehicles should be used in this tactic.
(b) The PIT is limited to use by properly trained officers with the approval of a supervisor
and upon assessment of the circumstances and conditions presented at the time,
including the potential for risk of injury to officers, the public, and occupants of the
pursued vehicle.
(c) Ramming a fleeing vehicle should be done only after other reasonable tactical means
at the officer's disposal have been exhausted or would not be effective, and immediate
control is necessary. Ramming should be reserved for situations where there does
not appear to be another reasonable alternative method. If there does not reasonably
appear to be a present or immediately foreseeable serious threat to the public, the
use of ramming is not authorized. When ramming is used as a means to stop a fleeing
vehicle, the following factors should be present:
1. The suspect is an actual or suspected felon, who reasonably appears to
represent a serious threat to the public if not apprehended.
2. The suspect is driving with willful or wanton disregard for the safety of other
persons or is driving in a reckless and life -endangering manner or using the
vehicle as a weapon.
(d) Boxing -in a suspect vehicle should only be attempted upon approval by a supervisor.
The use of such a tactic must be carefully coordinated with all involved vehicles, taking
into consideration the circumstances and conditions apparent at the time, as well as
the potential risk of injury to officers, the public, and occupants of the pursued vehicle.
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Officers and supervisors should weigh the potential consequences against the need
to immediately stop the vehicle.
(e) Tire deflation devices should be deployed only after notification of pursuing officers
and the supervisor of the intent and location of the intended deployment, and in a
manner that:
1. Should reasonably only affect the pursued vehicle.
2. Provides the deploying officer adequate cover and escape from intentional or
unintentional exposure to the approaching vehicle.
3. Takes into account the limitations of such devices as well as the potential risk
to officers, the public, and occupants of the pursued vehicle.
4. Takes into account whether the pursued vehicle is a motorcycle, a vehicle
transporting hazardous materials, or a school bus transporting children.
(f) Because roadblocks involve a potential for serious injury or death to occupants of the
pursued vehicle if the suspect does not stop, the intentional placement of roadblocks
in the direct path of a pursued vehicle is generally discouraged and should not be
deployed without prior approval of a supervisor. If roadblocks are deployed, it should
only be done under extraordinary conditions when all other reasonable intervention
tactics have failed or reasonably appear ineffective and the need to immediately stop
the pursued vehicle substantially outweighs the risks of injury or death to occupants
of the pursued vehicle, officers, or the public.
307.11 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion of
a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that
reasonably appears necessary given the facts and circumstances perceived by the officer at the
time of the event to accomplish a legitimate law enforcement purpose.
Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to
apprehend the suspect following the pursuit. Officers should consider the safety of the public
and the involved officers when formulating plans for setting up perimeters or for containing and
capturing the suspect.
307.12 REPORTING REQUIREMENTS
All appropriate reports shall be completed to comply with appropriate laws and policies or
procedures.
(a) The primary pursuing officer shall complete appropriate crime/arrest reports.
(b) The primary pursuing officer or supervisor shall complete the appropriate pursuit
report.
(c) After first obtaining the available information, the involved, or if unavailable, on -
duty field supervisor shall promptly complete an internal policy review (IR), briefly
summarizing the pursuit to the Chief of Police or the authorized designee. This internal
policy review should include, at a minimum:
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(a) Date and time of the pursuit.
(b) Initial reason and circumstances surrounding the pursuit.
(c) Length of pursuit in distance and time, including the starting and termination
points.
(d) Involved vehicles and officers.
(e) Alleged offenses.
(f) Whether a suspect was apprehended, as well as the means and methods used.
(a) Any use of force shall be reported and documented in compliance with the
Use of Force Policy.
(g) Arrestee information, if applicable.
(h) Any injuries and/or medical treatment.
(i) Any property or equipment damage.
0) Name of supervisor at the scene or who handled the incident.
(k) A preliminary determination that the pursuit appears to be in compliance with
this policy or that additional review and/or follow-up is warranted.
(d) After receiving copies of reports, logs, and other pertinent information, the Chief of
Police or the authorized designee shall conduct or assign the completion of a post -
pursuit review, as appropriate.
(e) Annually, the Chief of Police shall direct a documented management review and
analysis of department vehicle pursuits to minimally address policy (including
suitability and compliance), procedure, training, and/or personnel issues that are
identified during the review process. The Chief of Police shall review and approve the
final report.
307.13 REGULAR AND PERIODIC PURSUIT TRAINING
In addition to initial and supplementary training on pursuits, all officers will participate, no less
than annually, in regular and periodic training addressing this policy and the importance of vehicle
safety and protecting the public. Training will include recognition of the need to balance the known
offense and the need for immediate capture against the risks to officers and others.
All officers engaging in vehicle pursuits shall have completed an emergency vehicle operator
course, refresher training in emergency vehicle operation within two years prior to the pursuit, and
be certified in at least one pursuit intervention option (RCW 10.116.060).
307.14 POLICY REVIEW
Officers of this department shall certify in writing that they have received, read and understand
this policy initially, upon any amendments and whenever training on the policy is provided.
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308.1 PURPOSE AND SCOPE
This policy provides officers with guidelines for the safe and appropriate vehicular response
to emergency and non -emergency incidents or requests for assistance, whether these are
dispatched or self -initiated.
308.2 POLICY
It is the policy of this department to appropriately respond to emergency and non -emergency calls
for service or requests for assistance, whether these are dispatched or self -initiated.
308.3 EMERGENCY RESPONSE TO CALLS
Officers responding to non -emergency calls shall proceed accordingly, unless they are sent or
redirected to a higher priority call, and shall obey all traffic laws.
Officers should only use emergency response when so dispatched or when circumstances
reasonably indicate an emergency response is required. Those circumstances may include:
(a) There is a threat of serious injury to an officer.
(b) An officer is in actual pursuit.
(c) There is imminent danger to a citizen and the immediate presence of an officer might
save lives or prevent serious injury.
(d) When an officer requires immediate assistance to control a volatile situation.
(e) Where there is reliable information regarding a felony in -progress situation.
(f) An officer's attempt to overtake traffic violators.
Officers dispatched to emergency calls shall continuously operate emergency lighting equipment
and shall sound the siren as reasonably necessary (RCW 46.61.035).
Responding with emergency lights and siren does not relieve the officer of the duty to continue
to drive with due regard for the safety of all persons. The use of any other warning equipment
without emergency lights and siren does not provide any exemption from the law.
308.3.1 URGENT RESPONSE TO CALLS
An urgent response may be used for those situations which do not warrant an emergency response
but to which a quick response would likely enhance the welfare of citizens, the protection of
personal property, and the apprehension of criminal suspects. This response allows for the use
of emergency equipment, when necessary, to improve the response time provided that officers
exercise due regard for the safety of all persons as required under Washington State law. This
includes using emergency equipment to take the right-of-way at intersections or to clear traffic
from the path of travel when necessary to ensure safe passage. The responding officer's speed
will remain close to or at the speed limit.
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308.4 REQUESTING EMERGENCY ASSISTANCE
When requesting emergency assistance, the involved department member should reasonably
believe there is an imminent threat to the safety of him/herself or another person, or that assistance
is needed to prevent imminent serious harm to the public.
If circumstances permit, the requesting member should provide the following information:
• Identifying call sign
• Location of the emergency situation
• Suspect information, including weapons
• Reason for the request and type of emergency
• The number of officers or resources required
• Hazards and any known or potential dangers for responding officers
In any event where a situation has stabilized and emergency response is not required, the
requesting member shall immediately notify the dispatcher.
308.4.1 EMERGENCY RESPONSE TO FIRE SERVICE PERSONNEL REQUESTS
[comCenter] and the Fire Department have developed plain English codes to alert dispatch when
they are unable to speak freely and need law enforcement assistance. Law enforcement personnel
should be familiar with the following terms and the expected response:
(a) CODE BLUE: A request for immediate law enforcement response to a Fire call
involving a hostile, life -threatening situation. The fire dispatcher will immediately make
a law enforcement "HELP" event for the location of the fire service personnel using
a "CODE BLUE."
(b) BACKUP: Used when Fire personnel do NOT need a law enforcement "HELP"
response but need a priority law enforcement response and can NOT speak freely.
(c) ASSISTANCE: A request for law enforcement assistance using a routine response.
Responding officers should note that the dispatcher will not attempt to obtain further information
in Code Blue or Backup requests. Fire personnel on the scene will provide details of the situation
as soon as can be done safely.
308.5 SAFETY CONSIDERATIONS
Responding with emergency lights and siren does not relieve the operator of an emergency vehicle
of the duty to continue to drive with due regard for the safety of all persons and property, and
does not protect the operator from the consequences of reckless disregard for the safety of others.
However the officer may, when responding to a call with an emergency response, and provided
there is no endangerment or unnecessary risk to persons and property (RCW 46.61.035):
• Proceed past a red or stop signal or stop sign, but only after slowing down as may
be necessary for safe operation.
• Exceed the speed limit.
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• Disregard regulations governing parking, direction of movement or turning in specified
directions.
308.5.1 NUMBER OF OFFICERS ASSIGNED
The number of officers assigned to respond to an emergency call or request for assistance should
be limited to that which is reasonably necessary.
An emergency response involving more than one police vehicle should be coordinated by Kitsap
911 to avoid any unanticipated intersecting of response routes. The dispatcher shall notify the
Shift Supervisor, who will make a determination regarding the appropriateness of the response
and reduce or enhance the response as warranted.
308.6 EMERGENCY EQUIPMENT
Vehicles not equipped with emergency lights and siren are prohibited from initiating orjoining in an
emergency response. Officers in such vehicles may provide support to pursuing vehicles as long
as the vehicles are operated in compliance with all traffic laws. Those officers should terminate
their involvement in any emergency response immediately upon arrival of a sufficient number of
emergency law enforcement vehicles.
If the emergency equipment on the vehicle should fail to operate, the officer must terminate the
emergency response and continue accordingly. The officer shall notify the Shift Supervisor or the
dispatcher of the equipment failure so that another officer may be assigned to the emergency
response.
308.7 OFFICER RESPONSIBILITIES
The decision to initiate or continue an emergency response is at the discretion of the officer. If,
in the officer's judgment, the weather, traffic and road conditions do not permit such a response
without unreasonable risk, the officer may elect to respond to the call without the use of emergency
lights and siren at the legal speed limit. In such an event, the officer should immediately notify the
dispatcher. An officer shall also discontinue an emergency response when directed by a supervisor
or as otherwise appropriate.
Upon receiving authorization or determining that an emergency response is appropriate, whenever
practicable, an officer shall immediately give the location from which he/she is responding.
The first officer arriving at the emergency call should determine whether to increase or reduce the
level of the response of additional officers and shall notify the dispatcher of his/her determination.
Any subsequent change in the appropriate response level should be communicated to the
dispatcher by the officer in charge of the scene unless a supervisor assumes this responsibility.
308.8 SUPERVISOR RESPONSIBILITIES
Upon being notified that an emergency response has been initiated or requested, the Shift
Supervisor shall verify that:
(a) The proper response has been initiated.
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(b) No more than those officers reasonably necessary under the circumstances are
involved in the response.
(c) Affected outside jurisdictions are being notified as practicable.
The Shift Supervisor shall monitor the response until it has been stabilized or terminated and
assert control by directing officers into or out of the response, if necessary. If, in the supervisor's
judgment, the circumstances require additional officers to be assigned an emergency response,
the supervisor may do so.
It is the supervisor's responsibility to terminate an emergency response that, in his/her judgment
is inappropriate due to the circumstances.
When making the decision to authorize an emergency response, the Shift Supervisor should
consider:
• The type of call or crime involved.
• The type and circumstances of the request.
• The necessity of a timely response.
• Weather, traffic and road conditions.
• The location of the responding officers and the location of the incident.
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Canines
309.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of canines to augment law enforcement services in
the community including, but not limited to, locating individuals and contraband and apprehending
criminal offenders.
309.2 POLICY
It is the policy of the Port Orchard Police Department to utilize teams of handlers and canines
when available to effectively and reasonably carry out legitimate law enforcement objectives.
309.3 REQUESTS FOR CANINE TEAMS
Operations Division members are encouraged to request the use of a canine.
309.4 APPREHENSION GUIDELINES
A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes
that the individual has committed, is committing, or is threatening to commit any serious offense
and if any of the following conditions exist:
(a) There is a reasonable belief the suspect poses an imminent threat of violence or
serious harm to the public, any officers, or the handler.
(b) The suspect is physically resisting or threatening to resist arrest and the use of a
canine reasonably appears to be necessary to overcome such resistance.
(c) The suspect is believed to be concealed in an area where entry by other than the
canine would pose a threat to the safety of officers or the public.
It is recognized that situations may arise that do not fall within the provisions set forth in this policy.
Such events require consideration of the totality of the circumstances and the use of an objective
reasonableness standard applied to the decision to use a canine.
Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit
a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall
not serve as the basis for the use of a canine to apprehend a suspect.
Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those
identified above requires approval from the Shift Supervisor. Absent a change in circumstances
that presents an imminent threat to officers, the canine, or the public, such canine use should
be conducted on -leash or under conditions that minimize the likelihood the canine will bite or
otherwise injure the individual.
In all applications, once the suspect has been located and no longer reasonably appears to present
a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably
practicable.
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If the canine has apprehended the suspect with a secure bite, and the handler believes that the
suspect no longer poses a threat, the handler should promptly command the canine to release
the suspect.
309.4.1 PREPARATION FOR DEPLOYMENT
Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or
the supervisor on -scene should carefully consider all pertinent information reasonably available
at the time. The information should include but is not limited to:
(a) The nature and seriousness of the suspected offense.
(b) Whether violence or weapons were used or are anticipated.
(c) The degree of resistance or threatened resistance, if any, the suspect has shown.
(d) The suspect's known or perceived age.
(e) The potential for injury to officers or the public caused by the suspect if the canine
is not utilized.
(f) Any potential danger to the public and/or other officers at the scene if the canine is
released.
(g) The potential for the suspect to escape or flee if the canine is not utilized.
As circumstances permit, the canine handler should make every reasonable effort to communicate
and coordinate with other involved members to minimize the risk of unintended injury.
It is the canine handler's responsibility to evaluate each situation and determine whether the use
of a canine is appropriate and reasonable. The canine handler shall have the authority to decline
the use of the canine whenever he/she deems deployment is unsuitable.
A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine.
Unless otherwise directed by a supervisor, assisting members should take direction from the
handler in order to minimize interference with the canine.
309.4.2 WARNINGS AND ANNOUNCEMENTS
Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a
canine will be used if the suspect does not surrender should be made prior to releasing a canine.
The handler should allow a reasonable time for a suspect to surrender and should quiet the canine
momentarily to listen for any verbal response to the warning. If feasible, other members should
be in a location opposite the warning to verify that the announcement could be heard. If available,
warnings given in other languages should be used as necessary.
If a warning is not to be given, the canine handler, when practicable, should first advise the
supervisor of his/her decision before releasing the canine. In the event of an apprehension, the
handler shall document in any related report how the warning was given and, if none was given,
the reasons why.
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309.4.3 REPORTING DEPLOYMENTS, BITES, AND INJURIES
Handlers should document canine deployments in a canine use report. Whenever a canine
deployment results in a bite or causes injury to an intended suspect, a supervisor should be
promptly notified and the injuries documented in the canine use report. The injured person shall
be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to
an appropriate medical facility for further treatment. The deployment and injuries should also be
included in any related incident or arrest report.
Any unintended bite or injury caused by a canine shall be promptly reported to the supervisor.
Unintended bites or injuries caused by a canine should be documented in an incident report.
If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both
the individual's injured and uninjured areas shall be photographed as soon as practicable after first
tending to the immediate needs of the injured party. Photographs shall be retained as evidence in
accordance with current department evidence procedures. The photographs shall be retained until
the criminal proceeding is completed and the time for any related civil proceeding has expired.
309.5 NON -APPREHENSION GUIDELINES
Properly trained canines may be used to track or search for non -criminals (e.g., lost children,
individuals who may be disoriented or in need of medical attention). The canine handler is
responsible for determining the canine's suitability for such assignments based on the conditions
and the particular abilities of the canine. When the canine is deployed in a search or other non -
apprehension operation, the following guidelines apply:
(a) Absent a change in circumstances that presents an imminent threat to officers, the
canine, or the public, such applications should be conducted on -leash or under
conditions that minimize the likelihood the canine will bite or otherwise injure the
individual, if located.
(b) Unless otherwise directed by a supervisor, assisting members should take direction
from the handler in order to minimize interference with the canine.
(c) Throughout the deployment, the handler should periodically give verbal assurances
that the canine will not bite or hurt the individual and encourage the individual to make
him/herself known.
(d) Once the individual has been located, the handler should place the canine in a down -
stay or otherwise secure it as soon as reasonably practicable.
309.5.1 ARTICLE DETECTION
A canine trained to find objects or property related to a person or crime may be used to locate or
identify articles. A canine search should be conducted in a manner that minimizes the likelihood
of unintended bites or injuries.
309.5.2 NARCOTICS DETECTION
A canine trained in narcotics detection may be used in accordance with current law and under
certain circumstances, including:
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(a) The search of vehicles, buildings, bags, and other articles.
(b) Assisting in the search for narcotics during a search warrant service.
(c) Obtaining a search warrant by using the narcotics -detection trained canine in support
of probable cause.
A narcotics -detection trained canine will not be used to search a person for narcotics unless the
canine is trained to passively indicate the presence of narcotics.
309.5.3 BOMB/EXPLOSIVE DETECTION
Because of the high risk of danger to the public and officers when a bomb or other explosive
device is suspected, the use of a canine team trained in explosive detection may be considered.
When available, an explosive -detection canine team may be used in accordance with current law
and under certain circumstances, including:
(a) Assisting in the search of a building, structure, area, vehicle, or article where an actual
or suspected explosive device has been reported or located.
(b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes,
trains).
(c) Preventive searches at special events, VIP visits, official buildings, and other restricted
areas. Searches of individuals should remain minimally intrusive and shall be strictly
limited to the purpose of detecting explosives.
(d) Assisting in the search of scenes where an explosion has occurred and an explosive
device or secondary explosive device is suspected.
At no time will an explosive -detection trained canine be used to render a suspected device safe
or clear.
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Domestic Violence
310.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce
domestic violence through vigorous enforcement and to address domestic violence as a serious
crime against society. The policy specifically addresses the commitment of this department to take
enforcement action when appropriate, to provide assistance to victims and to guide officers in the
investigation of domestic violence.
310.1.1 DEFINITIONS
Definitions related to this policy include:
Court order - All forms of orders related to domestic violence, that have been issued by a court
of this state or another, whether civil or criminal, regardless of whether service has been made.
Domestic violence - Physical harm, bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury or assault, sexual assault, coercive control, unlawful harassment, or
stalking of one intimate partner by another intimate partner or of one family or household member
by another family or household member (RCW 10.99.020; RCW 7.105.010).
310.2 POLICY
The Port Orchard Police Department's response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall communicate
the philosophy that domestic violence is criminal behavior. It is also the policy of this department
to facilitate victims' and offenders' access to appropriate civil remedies and community resources
whenever feasible.
310.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
310.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence
cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation
of any court order are of extreme importance and should be considered among the
highest response priorities. This includes incomplete 9-1-1 calls.
(b) When practicable, officers should obtain and document statements from the victim, the
suspect, and any witnesses, including children, in or around the household or location
of occurrence.
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(c) Officers should list the full name and date of birth (and school if available) of each
child who was present in the household at the time of the offense. The names of other
children who may not have been in the house at that particular time should also be
obtained for follow-up.
(d) When practicable and legally permitted, video or audio record all significant statements
and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve
the victim's personal privacy. Where practicable, photographs should be taken by a
person of the same sex. Victims whose injuries are not visible at the time of the incident
should be asked to contact the General Investigations Unit in the event that the injuries
later become visible.
(f) Officers should request that the victim complete and sign an authorization for release
of medical records related to the incident when applicable.
(g) If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an opportunity
to make a statement, and make an arrest or seek an arrest warrant if appropriate.
(h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally
permitted, for safekeeping or as evidence.
Officers who have probable cause that a crime has been committed shall lawfully
seize all firearms and ammunition that they reasonably believe were used or
threatened to be used in the commission of the offense. Officers shall also seize
all firearms in plain sight or discovered in a lawful search. Officers shall request
consent to take temporary custody of any other firearms and ammunition that
the alleged suspect may have access to (RCW 10.99.030).
2. Officers shall separate the victim and inquire whether there are any firearms or
ammunition in the home, whether the suspect has access to any firearms either
on the premises or stored elsewhere, whether the suspect has a concealed pistol
license, and whether a firearm has ever been used by the suspect under other
circumstances that could be threatening or coercive (RCW 10.99.030).
(i) When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been served,
including the date the offender was served, the name of the agency that served the
order, and the provision of the order that the subject is alleged to have violated. When
reasonably available, the arresting officer should attach a copy of the order to the
incident or arrest report.
(j) Officers should take appropriate enforcement action when there is probable cause to
believe an offense has occurred. Factors that should not be used as sole justification
for declining to take enforcement action include:
1. Whether the suspect lives on the premises with the victim.
2. Claims by the suspect that the victim provoked or perpetuated the violence.
3. The potential financial or child custody consequences of arrest.
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4. The physical or emotional state of either party.
5. Use of drugs or alcohol by either party.
6. Denial that the abuse occurred where evidence indicates otherwise.
7. A request by the victim not to arrest the suspect.
8. Location of the incident (public/private).
9. Speculation that the complainant may not follow through with the prosecution.
10. Actual or perceived characteristics such as race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, disability, or marital status of the victim or suspect.
11. The social status, community status, or professional position of the victim or
suspect.
(k) Unless doing so would jeopardize the criminal investigation, the victim should be
apprised of investigative plans such as when the suspect or witnesses are going to
be interviewed and any plans for making an arrest.
310.4.1 HOSPITALIZED VICTIM
When responding to a medical facility regarding an injured person, officers should make a
reasonable attempt to determine whether the injury was a result of domestic violence prior to
contacting the victim or person who reported the incident.
If domestic violence is suspected, contact should be made with the medical facility representatives
out of the view and hearing of the victim and any potential suspects when practical.
310.4.2 IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
(a) Advise the victim that there is no guarantee the suspect will remain in custody.
(b) Provide the victim's contact information to the jail staff to enable notification of the
victim upon the suspect's release from jail.
(c) Advise the victim whether any type of court order will be in effect when the suspect
is released from jail.
310.4.3 IF NO ARREST IS MADE
If no arrest is made, the officer should:
(a) Advise the parties of any options, including but not limited to:
1. Voluntary separation of the parties.
2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter
homes, victim witness unit).
(b) Document the resolution in a report.
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310.5 VICTIM ASSISTANCE
Victims may be traumatized or confused. Officers should:
(a) Recognize that a victim's behavior and actions may be affected.
(b) Provide the victim with the department's domestic violence information handout, even
if the incident may not rise to the level of a crime.
(c) Alert the victim to any available victim advocates, shelters, and community resources.
(d) Stand by for a reasonable amount of time when an involved person requests law
enforcement assistance while removing essential items of personal property.
(e) Seek medical assistance as soon as practicable for the victim if the victim has
sustained injury or complains of pain.
(f) Ask the victim whether the victim has a safe place to stay. Assist in arranging to
transport the victim to an alternate shelter if the victim expresses a safety concern or
if the officer determines that a need exists.
(g) Make reasonable efforts to ensure that children or dependent adults who are under
the supervision of the suspect or victim are being properly cared for.
(h) Seek or assist the victim in obtaining an emergency order if appropriate (RCW
10.99.040).
310.6 DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as
practicable.
Dispatchers are not required to verify the validity of a court order before responding to a request for
assistance. Officers should request that dispatchers check whether any of the involved persons
are subject to the terms of a court order.
310.7 FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly
issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it
were the order of a court in this state. An order should be considered properly issued when it
reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice
and opportunity to respond was given to the party against whom the order was issued (18 USC
§ 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the
order has been properly registered with this state.
310.7.1 CANADIAN COURT ORDERS
Any foreign court order properly issued in Canada shall be enforced by an officer as a foreign
court order above. Any notice, if required, should be made in compliance with RCW 26.55.020.
310.8 VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be
challenging. Therefore, in determining whether there is probable cause to make an arrest for a
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violation of any court order, officers should carefully review the actual order when available, and,
where appropriate and practicable:
(a) Ask the subject of the order about the notice or receipt of the order, knowledge of its
terms, and efforts to respond to the order.
(b) Check available records or databases that may show the status or conditions of the
order.
(c) Contact the issuing court to verify the validity of the order.
(d) Contact a law enforcement official from the jurisdiction where the order was issued
to verify information.
Officers should document in an appropriate report their efforts to verify the validity of an order,
regardless of whether an arrest is made. Officers should contact a supervisor for clarification when
needed.
310.9 STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
(a) The primary duty of officers when responding to a domestic violence situation is
to enforce the laws allegedly violated and to protect the complaining party (RCW
10.99.030(1)).
(b) When an officer responds to a domestic violence call and has probable cause to
believe that a crime has been committed, an arrest shall be made pursuant to the
criteria in RCW 10.31.100 (RCW 10.99.030(2)(a)).
(c) When an officer has confirmed that a valid court order exists and has probable cause
to believe the defendant has violated that order, the officer shall make a physical arrest
(RCW 10.99.055; RCW 10.31.100(2)). Whenever a member of this department serves
or assists in serving a court order and that service is completed, a return of service
form shall be completed and submitted to the Washington Crime Information Center
(WACIC).
310.10 REPORTS AND RECORDS
(a) Officers responding to a domestic violence call shall take a complete offense report,
including the disposition of the case (RCW 10.99.030(6)(b)).
1. The report shall include all information about firearms and concealed pistol
licenses and be properly coded to alert any officials reviewing the report to the
existence of the information concerning firearms (RCW 10.99.030).
(b) All such reports should be documented under the appropriate crime classification and
should use the distinction "Domestic Violence" in the Type of Crime box of the crime
report form (RCW 10.99.035).
(c) Whenever there is probable cause to believe that a crime has been committed and
unless the case is under active investigation, the General Investigations Supervisor
shall ensure that all domestic violence crime reports are forwarded to the County
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Prosecutor's Office within 10 days of the date the incident was reported (RCW
10.99.035).
(d) The Police Services Coordinator shall ensure that accurate records of domestic
violence incidents are maintained and submitted to the Washington Association of
Sheriffs and Police Chiefs, in accordance with state law (RCW 10.99.035).
(e) The Police Services Coordinator should ensure that the original receipt issued for any
firearm, dangerous weapon, or pistol license surrendered after service of a protection
order is filed with the court within 24 hours of service of the order and retain a copy of
the receipt electronically if available (RCW 9.41.801).
310.11 SERVICE OF COURT ORDERS
The officer serving a protection order, no -contact order, or restraining order that includes an order
to surrender all firearms, dangerous weapons, and a concealed pistol license under RCW 9.41.800
shall (RCW 9.41.801):
(a) Advise the subject that the order is effective upon service.
(b) Request that any firearms, dangerous weapons, and any concealed pistol license be
immediately surrendered. Officers shall take possession of any firearms discovered
in plain view, lawful search, or consent from the subject.
1. If the subject indicates by word or action an intent to not comply with a request
to surrender firearms, dangerous weapons, or a concealed pistol license,
consideration should be given to obtaining a search warrant for seizure.
(c) Issue a receipt for any surrendered items.
1. The officer should ensure the original receipt is forwarded to the Police Services
Coordinator as soon as practicable for filing with the court.
All firearms and weapons collected shall be handled and booked in accordance with the Property
and Evidence Policy.
310.11.1 ELECTRONIC SERVICE OF COURT ORDERS
When an officer petitions the court ex parte for an emergency protection order on behalf of the
victim and the court does not include an order to surrender and prohibit weapons or an extreme
risk protection order, or has verified that all firearms, dangerous weapons, and any concealed
pistol license have been temporarily removed by law enforcement, service of the order on the
respondent may be made electronically pursuant to the requirements of RCW 10.99.040.
310.12 ENTRY OF COURT ORDERS
The Police Services Coordinator shall ensure that orders received from the court are entered into
the WACIC or other applicable criminal intelligence information system for one year or until the
expiration date specified on the order (RCW 10.99.040; RCW 10.99.050).
310.13 ORDERS TO SHOW CAUSE
When the Department receives notice from the court of an order to show cause regarding
the surrender of weapons, the General Investigations Unit supervisor should consult with legal
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counsel, as appropriate, to address any requirements involving the Department, including the
following (RCW 9.41.801):
(a) Fulfilling any additional service requirements for the order to show cause.
(b) Providing the court with a complete list of firearms and other dangerous weapons
surrendered by the person pursuant to the court order that are in the possession of
the Department.
(c) Providing the court with verification that any concealed pistol license was surrendered
by the person pursuant to the court order and that an agency with authority to revoke
the license has been notified.
(d) Filing an affidavit with the court where there is reasonable suspicion that the person
who is subject to the court order is not in full compliance with the terms, including the
basis for the belief.
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Search and Seizure
311.1 PURPOSE AND SCOPE
Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for Port Orchard
Police Department personnel to consider when dealing with search and seizure issues.
311.2 POLICY
It is the policy of the Port Orchard Police Department to respect the fundamental privacy rights
of individuals. Members of this department will conduct searches in strict observance of the
constitutional rights of persons being searched. All seizures by this department will comply with
relevant federal and state law governing the seizure of persons and property.
The Department will provide relevant and current training to officers as guidance for the application
of current law, local community standards and prosecutorial considerations regarding specific
search and seizure situations, as appropriate.
311.3 SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to
be valid. There are, however, several exceptions that permit a warrantless search.
Examples of law enforcement activities that are exceptions to the general warrant requirement
include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Exigent circumstances
Certain other activities are recognized by federal and state courts and by certain statutes as
legitimate law enforcement activities that also do not require a warrant. Such activities may
include seizure and examination of abandoned property and observations of activities and property
located on open public areas.
Because case law regarding search and seizure is constantly changing and subject to
interpretation by the courts, each member of this department is expected to act in each situation
according to current training and his/her familiarity with clearly established rights as determined
by case law.
Whenever practicable, officers are encouraged to contact a supervisor to resolve questions
regarding search and seizure issues prior to electing a course of action.
311.3.1 RESTRICTIONS ON CELL SITE SIMULATOR USE
A member may only install or use a pen register, trap and trace device, or cell site simulator
device with a supporting court order or when there is both coordination with a prosecuting attorney
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and joint determination of probable cause to believe an emergency situation exists that involves
immediate danger of death or serious bodily injury to a person. A court order must be obtained
within 48 hours after installation of the pen register, trap and trace device, or cell site simulator
device when an emergency situation exists (RCW 9.73.260).
311.4 SEARCH PROTOCOL
Although conditions will vary and officer safety and other exigencies must be considered in every
search situation, the following guidelines should be followed whenever circumstances permit:
(a) Members of this department will strive to conduct searches with dignity and courtesy.
(b) Officers should explain to the person being searched the reason for the search and
how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property
interests and in a manner that minimizes damage. Property should be left in a condition
as close as reasonably possible to its pre -search condition.
(d) In order to minimize the need for forcible entry, an attempt should be made to obtain
keys, combinations or access codes when a search of locked property is anticipated.
(e) When the person to be searched is of the opposite sex as the searching officer, a
reasonable effort should be made to summon an officer of the same sex as the subject
to conduct the search. When it is not practicable to summon an officer of the same
sex as the subject, the following guidelines should be followed:
1. Another officer or a supervisor should witness the search.
2. The officer should not search areas of the body covered by tight -fitting clothing,
sheer clothing or clothing that could not reasonably conceal a weapon.
311.5 DOCUMENTATION
Officers are responsible to document any search and to ensure that any required reports are
sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent
or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized
• If the person searched is the opposite sex, any efforts to summon an officer of the
same sex as the person being searched and the identification of any witness officer
Supervisors shall review reports to ensure the reports are accurate, that actions are properly
documented and that current legal requirements and department policy have been met.
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312.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention
Act for juveniles taken into temporary custody by members of the Port Orchard Police Department
(34 USC § 11133).
312.1.1 DEFINITIONS
Definitions related to this policy include:
Juvenile non -offender - An abused, neglected, dependent or alien juvenile who may be legally
held for his/her own safety or welfare. This also includes any juvenile who may have initially been
contacted for an offense that would not subject an adult to arrest (e.g., fine -only offense) but was
taken into custody for his/her protection, or for purposes of reuniting the juvenile with a parent,
guardian, or other responsible person.
Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an
offense that would subject an adult to arrest (a non -status offense) or a juvenile who has violated
RCW 9.41.040(2)(a) by possessing a handgun (28 CFR 31.303).
Non -secure custody - When a juvenile is held in the presence of an officer or other custody
employee at all times and is not placed in a locked room, cell or behind any locked doors. Juveniles
in non -secure custody may be handcuffed but not to a stationary or secure object. Personal
supervision, through direct visual monitoring and audio two-way communication is maintained.
Monitoring through electronic devices, such as video, does not replace direct visual observation.
Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.
Secure custody also includes being physically secured to a stationary object.
Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult
temporary holding area.
(b) A juvenile handcuffed to a rail.
(c) Ajuvenile placed in a room that contains doors with delayed egress devices that have
a delay of more than 30 seconds.
(d) Ajuvenile being processed in a secure booking area when an unsecure booking area
is available.
(e) A juvenile left alone in a secure booking area after being photographed and
fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area, whether or not the
cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object
designed for cuffing or restricting movement.
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Sight and sound separation - Located or arranged to prevent physical, visual, or auditory
contact.
Status offender - A juvenile suspected of committing a criminal violation of the law that would
not be a criminal violation but for the age of the offender. Examples may include running away,
underage possession of tobacco, curfew violation, or truancy. A juvenile in custody on a court
order or warrant based upon a status offense is also a status offender.
312.2 POLICY
The Port Orchard Police Department is committed to releasing juveniles from temporary custody
as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody
at the Port Orchard Police Department. Juveniles should be held in temporary custody only for as
long as reasonably necessary for processing, transfer or release.
312.3 JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit any of the following conditions should not be held at the Port Orchard Police
Department:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed
(d) Significantly intoxicated
(e) Extremely violent or continuously violent
Officers taking custody of a juvenile who exhibits any of the above conditions should take
reasonable steps to provide medical attention or mental health assistance and notify a supervisor
of the situation.
These juveniles should not be held at the Port Orchard Police Department unless they have been
evaluated by a qualified medical and/or mental health professional.
If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile
shall be under continuous direct supervision until evaluation, release or a transfer is completed.
312.4 CUSTODY OF JUVENILES
Officers should take custody of a juvenile and temporarily hold the juvenile at the Port Orchard
Police Department when there is no other lawful and practicable alternative to temporary custody.
Refer to the Child Abuse Policy for additional information regarding detaining a juvenile who is
suspected of being a victim.
No juvenile should be held in temporary custody at the Port Orchard Police Department without
authorization of the Shift Supervisor. Juveniles taken into custody shall be held in non -secure
custody unless otherwise authorized by this policy.
Anyjuvenile taken into custody shall be released to the care of the juvenile's parent, legal guardian,
or other responsible adult or transferred to a juvenile custody facility or to other authority as soon
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as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her
entry into the Department (34 USC § 11133; RCW 13.04.116(b)).
312.4.1 CUSTODY OF JUVENILE NON -OFFENDERS
Non -offenders taken into protective custody in compliance with the Child Abuse Policy should
generally not be held at the Port Orchard Police Department. Custodial arrangements should be
made for non -offenders as soon as reasonably possible. Juvenile non -offenders may not be held
in secure custody (34 USC § 11133).
312.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into
temporary custody. However, officers may take custody of a status offender if requested to do so
by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the
station to await a parent). Juvenile status offenders may not be held in secure custody (34 USC
§ 11133; RCW 43.185C.260).
312.4.3 CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non -secure custody while at the Port Orchard Police
Department unless another form of custody is authorized by this policy or is necessary due to
exigent circumstances.
Generally, juvenile offenders may be taken into custody under the following circumstances (RCW
13.40.040(1)):
(a) Pursuant to a court order.
(b) Without a court order, by an officer if grounds exist for the arrest of an adult in identical
circumstances.
(c) When his/her parole has been suspended.
312.4.4 LIMITATIONS ON RELEASE OF JUVENILE OFFENDERS
Juveniles should be referred to the appropriate juvenile authority and not released to a parent or
guardian when there is probable cause to believe the juvenile (RCW 13.40.040(2)):
(a) Will likely fail to appear for further proceedings.
(b) Needs protection from him/herself.
(c) Is a threat to community safety.
(d) Will intimidate witnesses or otherwise unlawfully interfere with the administration of
justice.
(e) Has committed a crime while another case was pending.
(f) Is a fugitive from justice.
(g) Has had his/her parole suspended or modified.
(h) Is a material witness.
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312.4.5 VICTIMS OF SEXUAL EXPLOITATION
An officer may take a juvenile into custody to investigate possible sexual exploitation when the
officer reasonably believes the juvenile is attempting to engage in sexual conduct for money or
anything of value (RCW 43.185C.260).
In these cases, the officer should transport the juvenile to an authorized evaluation and treatment
facility in coordination with a community service provider (RCW 43.185C.260) (see the Child
Abuse Policy for any mandatory notification requirements).
312.5 ADVISEMENTS
When a juvenile offender is taken into custody, the officer should, as soon as practicable, notify
the juvenile's parent, guardian, or a responsible relative that the juvenile is in custody.
Juveniles taken into custody should be advised the reason for the custody (RCW 43.185C.265).
312.6 NO -CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody
at the Department (34 USC § 11133). There should also be sight and sound separation between
non -offenders and juvenile and status offenders.
In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile
is being fingerprinted and/or photographed in booking), a member of the Port Orchard Police
Department shall maintain a constant, immediate presence with the juvenile or the adult to
minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be
taken to end the contact.
312.7 TEMPORARY CUSTODY REQUIREMENTS
Members and supervisors assigned to monitor or process any juvenile at the Port Orchard Police
Department shall ensure the following:
(a) The Shift Supervisor should be notified if it is anticipated that a juvenile may need to
remain at the Port Orchard Police Department more than four hours. This will enable
the Shift Supervisor to ensure no juvenile is held at the Port Orchard Police Department
more than six hours.
(b) Juveniles in custody are informed that they will be monitored at all times, except when
using the toilet.
1. There shall be no viewing devices, such as peep holes or mirrors, of which the
juvenile is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
(c) A member of the same sex shall supervise personal hygiene activities and care, such
as changing clothing or using the restroom, without direct observation to allow for
privacy.
(d) There is reasonable access to toilets and wash basins.
(e) There is reasonable access to a drinking fountain or water.
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(f) Food should be provided if a juvenile has not eaten within the past four hours or is
otherwise in need of nourishment, including any special diet required for the health
of the juvenile.
(g) There are reasonable opportunities to stand and stretch, particularly if handcuffed or
restrained in any way.
(h) There is privacy during any consultation with an attorney.
(i) Juveniles are generally permitted to remain in their personal clothing unless the
clothing is taken as evidence or is otherwise unsuitable or inadequate for continued
wear while in custody.
Q) Clean blankets are provided as reasonably necessary to ensure the comfort of an
individual.
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(k) Adequate shelter, heat, light, and ventilation should be provided without compromising
security or enabling escape.
(1) Adequate furnishings are available, including suitable chairs or benches.
(m) Juveniles shall have the right to the same number of telephone calls as an adult in
custody (see the Temporary Custody of Adults Policy).
(n) Discipline is not administered to anyjuvenile, nor will juveniles be subjected to corporal
or unusual punishment, humiliation, or mental abuse.
312.8 USE OF RESTRAINT DEVICES
Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints
Policy. A juvenile offender may be handcuffed at the Port Orchard Police Department when the
juvenile presents a heightened risk. However, non -offenders and status offenders should not be
handcuffed unless they are combative or threatening.
Other restraints shall only be used after less restrictive measures have failed and with the approval
of the Shift Supervisor. Restraints shall only be used so long as it reasonably appears necessary
for the juvenile's protection or the protection of others.
Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such
a way as to protect the juvenile from abuse.
312.8.1 PREGNANT JUVENILES
Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing
and Restraints Policy.
312.9 PERSONAL PROPERTY
The personal property of a juvenile shall be processed in the same manner as an adult in
temporary custody (see the Temporary Custody of Adults Policy).
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312.10 SECURE CUSTODY
The Port Orchard Police Department is not equipped with a cell or any other means for providing
secure custody. Therefore, juveniles shall not be held in secure custody.
312.12 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY OF A JUVENILE
The Operations Deputy Chief will ensure procedures are in place to address the suicide attempt,
death or serious injury of anyjuvenile held at the Port Orchard Police Department. The procedures
will address:
(a) Immediate request for emergency medical assistance if appropriate.
(b) Immediate notification of the on -duty supervisor, Chief of Police and General
Investigations Unit supervisor.
(c) Notification of the parent, guardian or person standing in loco parentis, of the juvenile.
(d) Notification of the appropriate prosecutor.
(e) Notification of the City Attorney.
(f) Notification of the Medical Examiner.
(g) Notification of the juvenile court.
(h) Evidence preservation.
312.12 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS
No interview or interrogation of a juvenile should occur unless the juvenile has the apparent
capacity to consent, and does consent, to an interview or interrogation.
Prior to conducting a custodial interrogation, including the waiver of Miranda rights, an officer shall
permit a juvenile 17 years of age or younger to consult with legal counsel in person, by telephone,
or by video conference. The consultation may not be waived by the juvenile. The requirement to
consult with legal counsel does not apply when (RCW 13.40.740):
(a) There is a belief that the juvenile is a victim of trafficking as defined by RCW 9A.40.100.
(b) Information is necessary to protect an individual's life from an imminent threat.
(c) A delay to allow legal consultation would impede the protection of an individual's life
from imminent threat.
(d) The questions are limited to what is reasonably expected to obtain the information
necessary to protect an individual's life from an imminent threat.
After a consultation, any assertion of constitutional rights by the juvenile through legal counsel
must be treated as though it came from the juvenile. The waiver of any constitutional rights of
the juvenile may only be made according to the requirements of RCW 13.40.140 (judicial rights)
(RCW 13.40.740).
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312.12.1 RECORDING OF INTERVIEWS OR INTERROGATIONS
Interrogations or interviews of juvenile suspects shall be recorded when conducted at a place of
detention (RCW 10.122.020; RCW 10.122.030). See the Investigation and Prosecution Policy for
specific recording requirements.
312.13 RESTRICTION ON FINGERPRINTING AND PHOTOGRAPHING
A juvenile offender may be photographed and fingerprinted as provided by RCW 43.43.735.
312.14 RELEASE OF INFORMATION CONCERNING JUVENILES
Court decisions and legislation have combined to carefully specify situations in which information
may be given out or exchanged when a case involves a juvenile. Officers of this department shall
not divulge any information regarding juveniles in situations where they are uncertain of the legal
authority to do so.
312.14.1 RELEASE OF INFORMATION PURSUANT TO WASHINGTON LAW
Juvenile records are confidential and may be released only as provided in RCW 13.50.010 and
RCW 13.50.050:
(a) Information may be released to other participants in the juvenile justice or care system
only when an investigation or case involving the juvenile is being pursued by the other
participant, or when that other participant is assigned the responsibility for supervising
the juvenile.
(b) Information not in the juvenile court file that could not reasonably be expected to
identify the juvenile or the juvenile's family may be released.
(c) Following the decision to arrest, information about an investigation, diversion or
prosecution of a juvenile, including an incident report, may be released to the school
in which the juvenile is enrolled to assist in protecting other students, staff and school
property.
(d) Information about a juvenile offender, the offender's parent or guardian and the
circumstances of the crime may be released to the victim or the victim's immediate
family.
(e) Information identifying child victims of sexual assault committed by juvenile offenders
may be released only with the permission of the child victim or legal guardian.
(f) A court may permit certain juvenile records to be released by rule or order.
It shall be the responsibility of the Police Services Coordinator and the appropriate General
Investigations Unit supervisors to ensure that personnel of those bureaus act within legal
guidelines.
312.15 RELIGIOUS ACCOMMODATION
Juveniles have the right to the same religious accommodation as adults in temporary custody (see
the Temporary Custody of Adults Policy).
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313.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected
abuse of certain adults who may be more vulnerable than others. This policy also addresses
mandatory notification for Port Orchard Police Department members as required by law.
313.1.1 DEFINITIONS
Definitions related to this policy include:
Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim
when committed by a person responsible for the adult's care, or any other act that would mandate
reporting or notification to a social service agency or law enforcement.
313.2 POLICY
The Port Orchard Police Department will investigate all reported incidents of alleged adult abuse
and ensure proper reporting and notification as required by law.
313.3 MANDATORY NOTIFICATION
Members of the Port Orchard Police Department shall notify the Washington State Department of
Social and Health Services (DSHS) when there is reasonable cause to believe that abandonment,
abuse, financial exploitation, or neglect of a vulnerable adult has occurred. Members shall also
notify DSHS when there is reason to suspect sexual assault or physical assault or reasonable
cause to believe that an act has caused fear of imminent harm. The Medical Examiner shall also
be notified when there is reason to suspect that the death of a vulnerable adult was caused by
abuse, neglect, or abandonment by another person (RCW 74.34.035).
For purposes of notification, the following definitions apply (RCW 74.34.020):
• Abandonment is action or inaction by a person or entity with a duty of care for a
vulnerable adult that leaves the person without the means or ability to obtain necessary
food, clothing, shelter, or health care.
• Abuse is intentional, willful, or reckless action or inaction that inflicts injury,
unreasonable confinement or restraint, sexual abuse, physical abuse, financial
exploitation, mental abuse, intimidation, or punishment.
• A vulnerable adult is a person who meets any of the following criteria:
(a) Is 60 years or older and who has the functional, mental, or physical inability to
care for oneself.
(b) Is found by the superior court to be incapacitated under RCW 11.130.005 et seq.
(c) Has a developmental disability as defined under RCW 71A.10.020.
(d) Is admitted to any facility as defined in RCW 74.34.020 (e.g., assisted living
facility, nursing home, other facility licensed by DSHS).
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(e) Is receiving services from an individual provider or licensed home health,
hospice, or home care agency.
(f) Self -directs self -care and receives services from a personal aide under RCW
74.39.001 et seq.
313.3.1 NOTIFICATION PROCEDURE
Notification should occur as follows (RCW 74.34.035):
(a) All notification to DSHS shall be made immediately or as soon as practicable by
telephone
(b) Information provided shall include, if known:
1. The name and address of the person making the report.
2. The name and address of the vulnerable adult.
3. The name and address of the facility or agency providing care for the vulnerable
adult.
4. The name and address of the legal guardian or alternate decision maker.
5. The nature and extent of the abandonment, abuse, financial exploitation,
neglect, or self -neglect.
6. Any history of previous abandonment, abuse, financial exploitation, neglect, or
self -neglect.
7. The identity of the alleged perpetrator, if known.
8. Any other information that may be helpful in establishing the extent of
abandonment, abuse, financial exploitation, neglect, or the cause of death of the
deceased vulnerable adult.
313.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available to investigate cases of adult abuse. These investigators
should:
(a) Conduct interviews in appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to adult abuse investigations.
(c) Present all cases of alleged adult abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and facility
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the
victim and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable.
313.5 INVESTIGATIONS AND REPORTING
All reported or suspected cases of adult abuse require investigation and a report, even if the
allegations appear unfounded or unsubstantiated. If the investigation reveals that a crime may
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have been committed, the City prosecutor shall be provided a written report of the incident (RCW
74.34.063(3)).
Investigations and reports related to suspected cases of adult abuse should address, as
applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the
statements.
(c) If a person is taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(d) Documentation of any visible injuries or any injuries identified by the victim. This should
include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination.
(f) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other potential victims or witnesses who may reside in the
residence.
(g) Identification of any prior related reports or allegations of abuse, including other
jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim's environment.
Any unexplained death of an adult who was in the care of a guardian or caretaker should be
considered as potential adult abuse and investigated similarly.
313.6 PROTECTIVE CUSTODY
Before taking an adult abuse victim into protective custody when facts indicate the adult may
not be able to care for oneself, the officer should make reasonable attempts to contact DSHS.
Generally, removal of an adult abuse victim from the abuse victim's family, guardian, or other
responsible adult should be left to the welfare authorities when they are present or have become
involved in an investigation.
Generally, members of this department should remove an adult abuse victim from the abuse
victim's family or guardian without a court order only when no other effective alternative is
reasonably available and immediate action reasonably appears necessary to protect the victim.
Prior to taking an adult abuse victim into protective custody, the officer should take reasonable
steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the
release would endanger the victim or result in abduction. If this is not a reasonable option, the
officer shall ensure that the adult is delivered to DSHS.
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Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
an adult abuse victim into protective custody. If prior notification is not practicable, officers should
contact a supervisor promptly after taking the adult into protective custody.
When adult abuse victims are under state control, have a state -appointed guardian, or there are
other legal holdings for guardianship, it may be necessary or reasonable to seek a court order
on behalf of the adult victim to either remove the adult from a dangerous environment (protective
custody) or restrain a person from contact with the adult.
313.7 INTERVIEWS
313.7.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should audio record the preliminary
interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the
victim and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
in such interviews is available.
313.7.2 DETAINING VICTIMS FOR INTERVIEWS
An officer should not detain an adult involuntarily who is suspected of being a victim of abuse
solely for the purpose of an interview or physical exam without his/her consent or the consent of
a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the adult need to be addressed
immediately.
2. A reasonable belief that the adult is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is a family member or guardian and there is reason to
believe the adult may be in continued danger.
(b) A court order or warrant has been issued.
313.8 MEDICAL EXAMINATIONS
When an adult abuse investigation requires a medical examination, the investigating officer should
obtain consent for such examination from the victim, guardian, agency, or entity having legal
custody of the adult. The officer should also arrange for the adult's transportation to the appropriate
medical facility.
In cases where the alleged offender is a family member, guardian, agency, or entity having
legal custody and is refusing to give consent for the medical examination, officers should notify
a supervisor before proceeding. If exigent circumstances do not exist, the supervisor should
consider other government agencies or services that may obtain a court order for such an
examination.
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313.9 DRUG -ENDANGERED VICTIMS
A coordinated response by law enforcement and social services agencies is appropriate to meet
the immediate and longer -term medical and safety needs of an adult abuse victim who has been
exposed to the manufacturing, trafficking or use of narcotics.
313.9.1 SUPERVISOR RESPONSIBILITIES
The General Investigations Unit supervisor should:
(a) Work with professionals from the appropriate agencies, including DSHS, other law
enforcement agencies, medical service providers and local prosecutors, to develop
community -specific procedures for responding to situations where there are adult
abuse victims endangered by exposure to methamphetamine labs or the manufacture
and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the General
Investigations Unit supervisor that he/she has responded to a drug lab or other
narcotics crime scene where an adult abuse victim is present or where evidence
indicates that an adult abuse victim lives.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the adult.
313.9.2 OFFICER RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is
present or where there is evidence that an adult abuse victim lives should:
(a) Document the environmental, medical, social and other conditions of the adult, using
photography as appropriate and the checklist or form developed for this purpose.
(b) Notify the General Investigations Unit supervisor so an interagency response can
begin.
313.10 STATE MANDATES AND OTHER RELEVANT LAWS
Washington requires or permits the following:
313.10.1 ARREST WITHOUT WARRANT
When an officer has confirmed that a valid court order for protection, including a temporary order,
exists and has probable cause to believe that a person has violated that order, the officer has the
authority to arrest the person without a warrant (RCW 10.31.100).
313.10.2 RECORDS UNIT RESPONSIBILITIES
The Records Unit is responsible for:
(a) Providing a copy of the adult abuse report to DSHS as required by law.
(b) Retaining the original adult abuse report with the initial case file.
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313.10.3 RELEASE OF REPORTS
Information related to incidents of adult abuse or suspected adult abuse shall be confidential and
may only be disclosed pursuant to state law and the Records Maintenance and Release Policy
(RCW 74.34.035(9); RCW 74.34.095).
313.10.4 PROTECTIVE ORDERS
In any situation which an officer reasonably believes that a vulnerable adult has been abused,
abandoned, or subjected to financial exploitation or neglect, or threatened with such actions, the
officer should obtain a protective order against the person alleged to have committed or threatened
such abuse pursuant to RCW 74.34.110 or RCW 7.105.100.
313.11 TRAINING
The Department should provide training on best practices in adult abuse investigations to
members tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate.
(b) Conducting interviews.
(c) Availability of therapy services for adults and families.
(d) Availability of specialized forensic medical exams.
(e) Cultural competence (including interpretive services) related to adult abuse
investigations.
(f) Availability of victim advocates or other support.
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Discriminatory Harassment
314.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent department members from being subjected to
discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is
intended to create a legal or employment right or duty that is not created by law.
314.2 POLICY
The Port Orchard Police Department is an equal opportunity employer and is committed to
creating and maintaining a work environment that is free of all forms of discriminatory harassment,
including sexual harassment and retaliation. The Department will not tolerate discrimination
against employees in hiring, promotion, discharge, compensation, fringe benefits, and other
privileges of employment. The Department will take preventive and corrective action to address
any behavior that violates this policy or the rights it is designed to protect.
The nondiscrimination policies of the Department may be more comprehensive than state or
federal law. Conduct that violates this policy may not violate state or federal law but still could
subject a member to discipline.
314.3 DEFINITIONS
Definitions related to this policy include:
314.3.1 DISCRIMINATION
The Department prohibits all forms of discrimination, including any employment -related action by
a member that adversely affects an applicant or member and is based on actual or perceived
race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,
age, disability, pregnancy, genetic information, veteran status, marital status, and any other
classification or status protected by law.
Discriminatory harassment, including sexual harassment, is verbal or physical conduct that
demeans or shows hostility or aversion toward an individual based upon that individual's protected
class. It has the effect of interfering with an individual's work performance or creating a hostile or
abusive work environment.
Conduct that may, under certain circumstances, constitute discriminatory harassment can include
making derogatory comments; making crude and offensive statements or remarks; making slurs
or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures,
cartoons, posters, or material; making inappropriate physical contact; or using written material or
department equipment and/or systems to transmit or receive offensive material, statements, or
pictures. Such conduct is contrary to department policy and to a work environment that is free
of discrimination.
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314.3.2 SEXUAL HARASSMENT
The Department prohibits all forms of discrimination and discriminatory harassment, including
sexual harassment. It is unlawful to harass an applicant or a member because of that person's sex.
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual
favors, or other verbal, visual, or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, position, or compensation.
(b) Submission to, or rejection of, such conduct is used as the basis for employment
decisions affecting the member.
(c) Such conduct has the purpose or effect of substantially interfering with a member's
work performance or creating an intimidating, hostile, or offensive work environment.
314.3.3 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with
established rules, principles or standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications under
the Equal Employment Opportunity Commission and Washington State Human Rights
Commission guidelines.
(b) Bona fide requests or demands by a supervisor that the member improve the
member's work quality or output, that the member report to the job site on time, that the
member comply with City or department rules or regulations, or any other appropriate
work -related communication between supervisor and member.
314.3.4 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against
the person because the person has engaged in protected activity, filed a charge of discrimination,
participated in an investigation, or opposed a discriminatory practice. Retaliation will not be
tolerated.
314.4 RESPONSIBILITIES
This policy applies to all department members, who shall follow the intent of these guidelines
in a manner that reflects department policy, professional standards, and the best interest of the
Department and its mission.
Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct
or known violations of this policy to a supervisor. Any member who is not comfortable with reporting
violations of this policy to the member's immediate supervisor may bypass the chain of command
and make the report to a higher -ranking supervisor or manager. Complaints may also be filed with
the Chief of Police, the Human Resources Coordinator, or the Mayor.
Any member who believes, in good faith, that the member has been discriminated against,
harassed, or subjected to retaliation, or who has observed harassment or discrimination, is
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encouraged to promptly report such conduct in accordance with the procedures set forth in this
policy.
Supervisors and managers receiving information regarding alleged violations of this policy shall
determine if there is any basis for the allegation and shall proceed with resolution as stated below.
314.4.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers shall include but are not limited to:
(a) Continually monitoring the work environment and striving to ensure that it is free from
all types of unlawful discrimination, including harassment or retaliation.
(b) Taking prompt, appropriate action within their work units to avoid and minimize the
incidence of any form of discrimination, harassment, or retaliation.
(c) Ensuring their subordinates understand their responsibilities under this policy.
(d) Ensuring that members who make complaints or who oppose any unlawful
employment practices are protected from retaliation and that such matters are kept
confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon
all available facts.
(f) Notifying the Chief of Police or the Human Resources Coordinator in writing
of the circumstances surrounding any reported allegations or observed acts of
discrimination, harassment, or retaliation no later than the next business day.
314.4.2 SUPERVISOR'S ROLE
Supervisors and managers shall be aware of the following:
(a) Behavior of supervisors and managers should represent the values of the Department
and professional standards.
(b) False or mistaken accusations of discrimination, harassment, or retaliation have
negative effects on the careers of innocent members.
Nothing in this section shall be construed to prevent supervisors or managers from discharging
supervisory or management responsibilities, such as determining duty assignments, evaluating
or counseling members, or issuing discipline in a manner that is consistent with established
procedures.
314.4.3 QUESTIONS OR CLARIFICATION
Members with questions regarding what constitutes discrimination, sexual harassment, or
retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Human
Resources Coordinator, or the Mayor for further information, direction, or clarification.
314.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor
of the involved member should take prompt and reasonable steps to mitigate or eliminate
any continuing abusive or hostile work environment. It is the policy of the Department that all
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complaints of discrimination, retaliation, or harassment shall be fully documented, and promptly
and thoroughly investigated.
314.5.1 SUPERVISOR RESOLUTION
Members who believe they are experiencing discrimination, harassment, or retaliation should be
encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,
or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty
expressing the member's concern, or if this does not resolve the concern, assistance should be
sought from a supervisor or manager who is a rank higher than the alleged transgressor.
314.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the process described above, a formal
investigation will be conducted.
The member assigned to investigate the complaint will have full authority to investigate all aspects
of the complaint. Investigative authority includes access to records and the cooperation of any
members involved. No influence will be used to suppress any complaint and no member will be
subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for
offering testimony or evidence in an investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include but
is not limited to details of the specific incident, frequency and dates of occurrences, and names
of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
a disciplinary process, up to and including termination, may result if retaliation occurs.
Members who believe they have been discriminated against, harassed, or retaliated against
because of their protected status are encouraged to follow the chain of command but may also
file a complaint directly with the Chief of Police, the Human Resources Coordinator, or the Mayor.
314.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any member from seeking legal redress
outside the Department. Members who believe that they have been harassed, discriminated
against, or retaliated against are entitled to bring complaints of employment discrimination to
federal, state, and/or local agencies responsible for investigating such allegations. Specific
time limitations apply to the filing of such charges. Members are advised that proceeding with
complaints under the provisions of this policy does not in any way affect those filing requirements.
314.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on forms and in a manner designated
by the Chief of Police. The outcome of all reports shall be:
(a) Approved by the Chief of Police, the Mayor, or the Human Resources Coordinator,
depending on the ranks of the involved parties.
(b) Maintained in accordance with the established records retention schedule.
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314.6.1 NOTIFICATION OF DISPOSITION
The complainant and/or victim will be notified in writing of the disposition of the investigation and
the action taken to remedy or address the circumstances giving rise to the complaint.
314.7 TRAINING
All new members shall be provided with a copy of this policy as part of their orientation. The
policy shall be reviewed with each new member. The member shall digitally acknowledge that the
member has been advised of this policy, is aware of and understands its contents, and agrees to
abide by its provisions during the member's term with the Department.
All members shall receive periodic training on the requirements of this policy and shall digitally
acknowledge they have reviewed the policy, understand its contents, and agree that they will
continue to abide by its provisions.
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Child Abuse
315.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Port Orchard Police Department members are required to notify
the Department of Children, Youth, and Families, Child Protective Services (CPS) of suspected
child abuse.
315.1.1 DEFINITIONS
Definitions related to this policy include:
Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18
years.
Child abuse - Any offense or attempted offense involving violence or neglect with a child victim
when committed by a person responsible for the child's care or any other act that would mandate
notification to a social service agency.
315.2 POLICY
The Port Orchard Police Department will investigate all reported incidents of alleged criminal child
abuse and ensure CPS is notified as required by law.
315.3 MANDATORY NOTIFICATION
Members of the Port Orchard Police Department shall notify CPS when a report of abuse or neglect
of a child is received or when there is reasonable cause to believe that a child has suffered abuse
or neglect (RCW 26.44.030).
For purposes of notification, abuse or neglect of a child includes sexual abuse, sexual exploitation,
female genital mutilation, injury inflicted by any person under circumstances that cause harm to
the child's health, welfare, or safety, excluding lawful discipline, and the negligent treatment or
maltreatment by a person who is responsible for, or providing care to, a child (RCW 26.44.020).
Officers shall promptly notify CPS whenever a child under 16 years of age is in a vehicle being
driven by the child's parent, guardian, legal custodian, sibling, or half -sibling and that person is
being arrested for a drug or alcohol -related driving offense (RCW 46.61.507).
If, during an investigation of drug manufacturing, an officer discovers that a child is present at the
investigation site, the officer shall notify CPS immediately (RCW 26.44.200).
315.3.1 NOTIFICATION PROCEDURE
Notification should occur as follows (RCW 26.44.030(5)):
(a) In emergency cases, notification to CPS should be made immediately when the child's
welfare is endangered but in all such cases within 24 hours.
(b) In non -emergency cases, notification to CPS shall be made within 72 hours after a
report is received.
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(c) Notification, when possible, should include (RCW 26.44.040):
1. The name, address and age of the child.
2. The name and address of the child's parents, stepparents, guardians or other
persons having custody of the child.
3. The nature and extent of the alleged injury or injuries.
4. The nature and extent of the alleged neglect.
5. The nature and extent of the alleged sexual abuse.
6. Any evidence of previous injuries, including the nature and extent of the injury.
7. Any other information that may be helpful in establishing the cause of the
child's death, injury or injuries, and the identity of the alleged perpetrator or
perpetrators.
(d) The Department shall forward all case dispositions to CPS.
315.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available for child abuse investigations. These investigators
should:
(a) Conduct interviews in child appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to child abuse investigations.
(c) Present all cases of alleged child abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies, and school
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians, and support for the
child and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(RCW 26.44.180).
315.5 INVESTIGATIONS AND REPORTING
In all reported or suspected cases of child abuse, a report will be written. Officers shall write a
report even if the allegations appear unfounded or unsubstantiated.
Investigations and reports related to suspected cases of child abuse should address, as
applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected child abuse victim was contacted.
(b) The exigent circumstances that existed if officers interviewed the child victim without
the presence of a parent or guardian.
(c) Any relevant statements the child may have made and to whom the child made the
statements.
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(d) If a child was taken into protective custody, the reasons, the name, and title of the
person making the decision, and why other alternatives were not appropriate.
(e) Documentation of any visible injuries or any injuries identified by the child. This should
include photographs of such injuries, if practicable.
(f) Whether the child victim was transported for medical treatment or a medical
examination.
(g) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other children who may reside in the residence.
(h) Identification of any prior related reports or allegations of child abuse, including other
jurisdictions, as reasonably known.
(i) Previous addresses of the victim and suspect.
(j) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim's environment.
(k) Applicable local protocol regarding child abuse investigations (RCW 26.44.185).
All cases of the unexplained death of a child should be investigated as thoroughly as if it had been
a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).
315.6 PROTECTIVE CUSTODY
Before taking any child into protective custody, the officer should make reasonable attempts to
contact CPS. Generally, removal of a child from the child's family, guardian, or other responsible
adult should be left to the child welfare authorities when they are present or have become involved
in an investigation.
Generally, members of this department should remove a child from the child's parent or guardian
without a court order only when no other effective alternative is reasonably available and
immediate action reasonably appears necessary to protect the child. Prior to taking a child into
protective custody, the officer should take reasonable steps to deliver the child to another qualified
parent or legal guardian, unless it reasonably appears that the release would endanger the child
or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is
delivered to CPS.
Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
a child into protective custody. If prior notification is not practicable, officers should contact a
supervisor promptly after taking a child into protective custody.
Children may only be removed from a parent or guardian in the following situations (RCW
26.44.050):
(a) A court order has been issued authorizing the removal of the child.
(b) There is probable cause to believe that taking the child into custody is necessary to
prevent imminent physical harm to the child due to child abuse or neglect, including
that which results from sexual abuse, sexual exploitation, a high -potency synthetic
opioid (e.g., fentanyl), or a pattern of severe neglect, and that the child would be
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seriously injured or could not be taken into custody if it were necessary to first obtain
a court order (e.g., the child could be taken and concealed).
315.7 INTERVIEWS
315.7.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should record the preliminary
interview with suspected child abuse victims. Officers should avoid multiple interviews with a child
victim and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
in such interviews is available. Generally, child victims should not be interviewed in the home or
location where the alleged abuse occurred.
315.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW
An officer should not detain a child involuntarily who is suspected of being a victim of child abuse
solely for the purpose of an interview or physical exam without the consent of a parent or guardian
unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the child need to be addressed
immediately.
2. A reasonable belief that the child is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is the custodial parent or guardian and there is reason to
believe the child may be in continued danger.
(b) A court order or warrant has been issued.
315.7.3 TRAINING REQUIREMENT
Only those members who have successfully completed Washington State Criminal Justice
Training Commission (WSCJTC) sponsored training on interviewing child victims of sexual abuse
shall participate in or conduct such interviews. Interviews of children who are suspected victims
of sexual abuse will be conducted in compliance with the training standards set forth in RCW
43.101.224.
315.8 MEDICAL EXAMINATIONS
If the child has been the victim of abuse that requires a medical examination, the investigating
officer should obtain consent for such examination from the appropriate parent, guardian or agency
having legal custody of the child. The officer should also arrange for the child's transportation to
the appropriate medical facility.
In cases where the alleged offender is the custodial parent or guardian and is refusing consent
for the medical examination, officers should notify a supervisor before proceeding. If exigent
circumstances do not exist or if state law does not provide for officers to take the child for a
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medical examination, the notified supervisor should consider obtaining a court order for such an
examination.
315.9 DRUG -ENDANGERED CHILDREN
A coordinated response by law enforcement and social services agencies is appropriate to
meet the immediate and longer -term medical and safety needs of children exposed to the
manufacturing, trafficking or use of narcotics.
315.9.1 SUPERVISOR RESPONSIBILITIES
The General Investigations Unit Supervisor should:
(a) Work with professionals from the appropriate agencies, including CPS, other law
enforcement agencies, medical service providers and local prosecutors to develop
community specific procedures for responding to situations where there are children
endangered by exposure to methamphetamine labs or the manufacture and trafficking
of other drugs.
(b) Activate any available interagency response when an officer notifies the General
Investigations Unit Supervisor that the officer has responded to a drug lab or other
narcotics crime scene where a child is present or where evidence indicates that a child
lives there.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the child.
315.9.2 OFFICER RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where a child is present or where
there is evidence that a child lives should:
(a) Document the environmental, medical, social and other conditions of the child using
photography as appropriate and the checklist or form developed for this purpose.
(b) Notify the General Investigations Unit Supervisor so an interagency response can
begin.
315.10 STATE MANDATES AND OTHER RELEVANT LAWS
Washington requires or permits the following:
315.10.1 RELEASE OF REPORTS
Information related to incidents of child abuse or suspected child abuse shall be confidential and
may only be disclosed pursuant to state law and the Records Maintenance and Release Policy
(RCW 42.56.240).
Records and information may be made available to multidisciplinary investigative team members
as necessary for the performance of the member's duties as a member of the team. Members
receiving records and information are subject to the same privacy and confidentiality restrictions
as the person providing the information or records (RCW 26.44.175).
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315.10.2 ARREST WITHOUT WARRANT
When an officer responds to a call alleging that a child has been subjected to sexual or physical
abuse or criminal mistreatment and has probable cause that a crime has been committed, or the
officer responds to a call alleging that a temporary restraining order or preliminary injunction has
been violated, he/she has the authority to arrest the person without a warrant (RCW 10.31.100;
RCW 26.44.130).
315.10.3 CASE SUBMISSION TO PROSECUTOR
The Port Orchard Police Department shall forward all cases of child abuse to the appropriate
prosecutor when a crime may have been committed and (RCW 26.44.030):
(a) A child has died or has had a physical injury.
(b) Injuries were inflicted upon a child other than by accidental means.
(c) A child has been subjected to alleged sexual abuse.
315.10.4 AGENCY COORDINATION
If this department responds to a complaint of alleged child abuse and discovers that another
agency has also responded to the complaint, this department shall notify the other agency of
its presence. The agencies shall coordinate the investigation and keep each other apprised of
progress (RCW 26.44.035).
315.10.5 LOCAL CHILD ABUSE PROTOCOLS
The General Investigations Unit Supervisor should ensure that local child abuse protocols for the
investigation of child abuse are available to those department members who have a role in child
abuse investigations (RCW 26.44.185).
315.10.6 CONFLICT OF INTEREST IN INVESTIGATIONS
An officer shall not participate as an investigator in a child abuse case concerning a child for whom
he/she is, or has been, a parent, guardian or foster parent (RCW 26.44.190).
315.10.7 POSTING OF MANDATED REPORTER REQUIREMENTS
The Shift Supervisor shall ensure that the CPS poster regarding mandated reporting requirements
for child abuse and neglect is posted in a member common area (RCW 26.44.030).
315.11 TRAINING
The Department should provide training on best practices in child abuse investigations to members
tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate.
(b) Conducting forensic interviews.
(c) Availability of therapy services for children and families.
(d) Availability of specialized forensic medical exams.
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(e) Cultural competence (including interpretive services) related to child abuse
investigations.
(f) Availability of victim advocate or guardian ad litem support.
(g) Recognizing abuse that requires mandatory notification to another agency.
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Missing Persons
316.1 PURPOSE AND SCOPE
This policy provides guidance for handling missing person investigations.
316.1.1 DEFINITIONS
Definitions related to this policy include:
At risk - This includes persons who:
(a) Are 13 years of age or younger.
(b) Regardless of age, are believed or determined to be experiencing one or more of the
following circumstances:
1. Missing under unexplained, involuntary or suspicious circumstances and is
believed to be in danger because of age, health, mental or physical disability, in
combination with environmental or weather conditions, or it is believed that the
person is unable to return to safety without assistance.
2. Out of the zone of safety for his/her chronological age and developmental stage.
3. Mentally or behaviorally disabled.
4. Drug dependent, including prescribed medication and/or illegal substances, and
the dependency is potentially life -threatening.
5. Absent from home for more than 24 hours before being reported to law
enforcement as missing.
6. In a life -threatening situation.
7. In the company of others who could endanger his/her welfare.
8. Absent in a way that is inconsistent with established patterns of behavior and
cannot be readily explained. Most children have an established and reasonably
predictable routine.
9. Involved in a situation that would cause a reasonable person to conclude the
person should be considered at risk.
Missing child - Any person who is younger than 18 years of age and whose whereabouts are
unknown to his or her custodial parent, guardian, or responsible party
Missing person - Any person who is reported missing to law enforcement when that person's
location is unknown.
Missing person networks - Databases or computer networks that are available to law
enforcement and are suitable for obtaining information related to missing person investigations.
This includes the National Crime Information Center (NCIC) and the Washington Crime
Information Center (WACIC).
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316.2 POLICY
The Port Orchard Police Department does not consider any report of a missing person to be routine
and assumes that the missing person is in need of immediate assistance until an investigation
reveals otherwise. The Port Orchard Police Department gives missing person cases priority over
property -related cases and does not require a specific amount of time to have passed before
beginning a missing person investigation.
316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS
The General Investigations Unit supervisor shall ensure the following forms and kits are developed
and available:
• Missing person report form
• Missing person investigation checklist that provides investigation guidelines and
resources that could be helpful in the early hours of a missing person investigation
(RCW 43.43.876)
• Missing person school notification form
• Medical records release form
• Biological sample collection kits
316.4 ACCEPTANCE OF REPORTS
Any member encountering a person who wishes to report a missing person or runaway shall
render assistance without delay. This can be accomplished by accepting the report via telephone
or in -person and initiating the investigation. Those members who do not take such reports or who
are unable to give immediate assistance shall promptly dispatch or alert a member who can take
the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where
the person resides or any question of jurisdiction.
316.4.1 PROCEDURES FOR PARENTAL CUSTODY ISSUES
Questions concerning parental custody occasionally arise in relation to missing child reports. It
shall be the policy of this agency to accept the report of a missing child even if custody has not
been formally established. Reporting parties shall be encouraged to obtain legal custody as soon
as possible; however, since the safety of the missing child(ren) is paramount, members of this
agency will open a case when it can be shown the child has been removed, without explanation,
from his/her usual place of residence. If custody has not been established by the Court, then the
law -enforcement responsibility is to ensure the child is safe only.
316.5 INITIAL INVESTIGATION
Officers or other members conducting the initial investigation of a missing person should take the
following investigative actions, as applicable:
(a) Respond to a dispatched call as soon as practicable.
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(b) Interview the reporting party and any witnesses to determine whether the person
qualifies as a missing person and, if so, whether the person may be at risk.
(c) Notify a supervisor immediately if there is evidence that a missing person is either at
risk or may qualify for a public alert, or both (see the Public Alerts Policy).
(d) Broadcast a "Be on the Look -Out" (BOLO) bulletin if the person is under 16 years
of age or there is evidence that the missing person is at risk. The BOLO should be
broadcast as soon as practicable but in no event more than one hour after determining
the missing person is under 16 years of age or may be at risk.
(e) Ensure that entries are made into the appropriate missing person networks, as follows:
1. Immediately, when the missing person is at risk.
2. In all other cases, as soon as practicable, but not later than two hours from the
time of the initial report.
(f) Complete the appropriate report forms accurately and completely and initiate a search
as applicable under the facts.
(g) Collect and/or review:
1. A photograph and fingerprint card of the missing person, if available.
2. A voluntarily provided biological sample of the missing person, if available (e.g.,
toothbrush, hairbrush).
3. Any documents that may assist in the investigation, such as court orders
regarding custody.
4. Any other evidence that may assist in the investigation, including personal
electronic devices (e.g., cell phones, computers).
(h) When circumstances permit and if appropriate, attempt to determine the missing
person's location through his/her telecommunications carrier (RCW 80.36.570).
1. Information may only be sought from a carrier in an emergency situation that
involves the risk of death or serious physical harm.
2. Members shall check NCIC and other available databases for a history of
domestic violence or court order restricting contact and verify through the
Washington State Patrol (WSP) that the missing person is not participating in
the address confidentiality program under RCW 40.24.030 et seq. Information
obtained from NCIC, other databases, or WSP shall not be released except by
court order.
3. Information received from a carrier is restricted and should only be released to
first responders responding to the emergency situation.
(i) Contact the appropriate agency if the report relates to a missing person report
previously made to another agency and that agency is actively investigating the report.
When this is not practicable, the information should be documented in an appropriate
report for transmission to the appropriate agency. If the information relates to an at -risk
missing person, the member should notify a supervisor and proceed with reasonable
steps to locate the missing person.
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(j) Consider contacting the WSP Missing and Exploited Children's Task Force (MECTF)
if additional resources are needed (RCW 13.60.110).
316.6 REPORT PROCEDURES AND ROUTING
Members should complete all missing person reports and forms promptly and advise the
appropriate supervisor as soon as a missing person report is ready for review.
316.6.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of the supervisor shall include, but are not be limited to:
(a) Obtain a briefing from the first responder(s) and other agency personnel at the scene.
(b) Organize and coordinate search efforts.
(c) Reviewing and approving missing person reports upon receipt.
1. The reports should be promptly sent to the Records Unit.
(d) Ensuring resources are deployed as appropriate.
(e) Initiating a command post as needed.
(f) Ensuring applicable notifications and public alerts are made and documented.
(g) Ensuring that records have been entered into the appropriate missing persons
networks.
(h) Establish a liaison with the victim family.
(i) Confirm all agency policies and procedures are observed.
Q) Manage media relations.
(k) Taking reasonable steps to identify and address any jurisdictional issues to ensure
cooperation among agencies.
1. If the case falls within the jurisdiction of another agency, the supervisor should
facilitate transfer of the case to the agency of jurisdiction.
316.6.2 RECORDS UNIT RESPONSIBILITIES
The responsibilities of the Records Unit receiving member shall include but are not limited to:
(a) As soon as reasonable under the circumstances, notifying and forwarding a copy of
the report to the agency of jurisdiction for the missing person's residence in cases
where the missing person is a resident of another jurisdiction.
(b) Notifying and forwarding a copy of the report to the agency of jurisdiction where the
missing person was last seen.
(c) Notifying and forwarding a copy of the report to the agency of jurisdiction for the
missing person's intended or possible destination, if known.
(d) Forwarding a copy of the report to the General Investigations Unit.
(e) Coordinating with the NCIC Terminal Contractor for Washington to have the missing
person record in the NCIC computer networks updated with additional information
obtained from missing person investigations (34 USC § 41308).
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316.7 GENERAL INVESTIGATIONS UNIT FOLLOW-UP
In addition to completing or continuing any actions listed above, the investigator assigned to a
missing person investigation:
(a) Explore the basis for any conflicting information.
(b) Verify the accuracy of all descriptive information.
(c) Should ensure that the missing person's school is notified within 10 days if the missing
person is a juvenile.
1. The notice shall be in writing and should also include a photograph.
2. The investigator should meet with school officials as appropriate to stress the
importance of including the notice in the child's student file, along with the
investigator's contact information, if the school receives a call requesting the
transfer of the missing child's files to another school.
(d) Should recontact the reporting person and/or other witnesses within 30 days of the
initial report and within 30 days thereafter to keep them informed, as appropriate, and
to determine if any additional information has become available.
(e) Should consider contacting other agencies involved in the case to determine if any
additional information is available.
(f) Shall verify and update WACIC, NCIC, and any other applicable missing person
networks within 30 days of the original entry into the networks and every 30 days
thereafter until the missing person is located (34 USC § 41308).
(g) Should continue to make reasonable efforts to locate the missing person and
document these efforts at least every 30 days.
(h) Shall maintain a close liaison with state and local child welfare systems and the
National Center for Missing and Exploited Children (NCMEC) if the missing person
is under the age of 21 and shall promptly notify NCMEC when the person is missing
from a foster care family home or childcare institution (34 USC § 41308).
(i) Should make appropriate inquiry with the Medical Examiner.
Q) Should obtain and forward medical and dental records, photos, X-rays, and biological
samples, as applicable.
(k) Update descriptive information.
(1) Shall attempt to obtain the most recent photograph for persons under 18 years of age
if it has not been obtained previously and forward the photograph to the WSP Missing
and Unidentified Persons Unit (MUPU) and enter the photograph into applicable
missing person networks (34 USC § 41308).
(m) Should consider making appropriate entries and searches in the National Missing and
Unidentified Persons System (NamUs).
(n) In the case of an at -risk missing person or a person who has been missing for an
extended time, should consult with a supervisor regarding seeking federal assistance
from the FBI and the U.S. Marshals Service (28 USC § 566).
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(o) Monitor media relations.
316.7.1 MISSING OVER 30 DAYS OR WHEN CRIMINAL ACTIVITY SUSPECTED
When a person reported missing has not been found within 30 days of the report or at any time
when criminal activity is suspected, the handling detective shall contact the county coroner or
medical examiner to determine if that office has any information concerning the missing person. If,
after conferring with the coroner or medical examiner, the person is still determined to be missing,
the handling officers shall:
(a) File a missing person's report with MUPU.
(b) Initiate the collection of biological samples from the known missing person and his/her
family members for nuclear and mitochondrial DNA testing along with the necessary
consent forms, if not previously obtained during the investigation.
(c) Ask the missing person's family or next of kin to give written consent to request the
person's dental records.
1. Whenever possible, obtain diagnostic quality copies or original records of the
missing person's dental records. As soon as possible, biological samples shall
be submitted to the appropriate lab; dental records shall be submitted to MUPU
(RCW 43.43.751; RCW 68.50.320).
In all missing person cases, the assigned detective should attempt contact with the reporting party
no less than every 30 days in order to verify the status of the reported missing person. After 12
months, contact with the reporting party should be attempted yearly. All verifications should be
reported to WSP via A Central Computerized Enforcement Service System (ACCESS).
316.8 WHEN A MISSING PERSON IS FOUND
When any person reported missing is found, the assigned investigator shall document the
location of the missing person in the appropriate report, notify the relatives and/or reporting party,
as appropriate, and other involved agencies, and refer the case for additional investigation if
warranted.
The Police Services Coordinator should ensure that, upon receipt of information that a missing
person has been located, the following occurs:
(a) Notification is made to MUPU.
(b) A missing child's school is notified.
(c) Entries are made in the applicable missing person networks.
(d) When a person is at risk, the fact that the person has been found should be reported
within 24 hours to MUPU.
(e) Notification shall be made to any other law enforcement agency that took the initial
report or participated in the investigation.
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316.8.1 RETURN OR RECOVERY OF A MISSING CHILD PROCEDURES
An officer assigned to the recovery or return of a missing child shall:
(a) Verify the located child is, in fact, the reported missing child.
(b) Secure intervention services, if appropriate.
(c) Arrange the return of the child to his/her legal guardian or an appropriate children's
shelter in the case of a runaway or missing child from within department jurisdiction
who has been located and who is not wanted on a warrant or other law violation.
(d) Place the child in custody and transport him/her to the appropriate facility for admission
in the case of a runaway from another jurisdiction or from out-of-state who has been
located and for whom a warrant exists or for whom an NCIC missing -person "hit" is
verified.
316.8.2 UNIDENTIFIED PERSONS
Department members investigating a case of an unidentified person who is deceased or a living
person who cannot assist in identifying him/herself should:
(a) Obtain a complete description of the person.
(b) Enter the unidentified person's description into the NCIC Unidentified Person File.
(c) Use available resources, such as those related to missing persons, to identify the
person.
316.9 CASE CLOSURE
The General Investigations Unit Supervisor may authorize the closure of a missing person case
after considering the following:
(a) Closure is appropriate when the missing person is confirmed returned or evidence
matches an unidentified person or body.
(b) If the missing person is a resident of Port Orchard or this department is the lead
agency, the case should be kept under active investigation for as long as the person
may still be alive. Exhaustion of leads in the investigation should not be a reason for
closing a case.
(c) If this department is not the lead agency, the case can be made inactive if all
investigative leads have been exhausted, the lead agency has been notified and
entries are made in the applicable missing person networks, as appropriate.
(d) A missing person case should not be closed or reclassified because the person would
have reached a certain age or adulthood or because the person is now the subject
of a criminal or civil warrant.
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316.10 TRAINING
Subject to available resources, theAdministrative Services Deputy Chief should ensure that
members of this department whose duties include missing person investigations and reports
receive training that includes:
(a) The initial investigation:
1. Assessments and interviews
2. Use of current resources, such as Mobile Audio Video (MAV)
3. Confirming missing status and custody status of minors
4. Evaluating the need for a heightened response
5. Identifying the zone of safety based on chronological age and developmental
stage
(b) Briefing of department members at the scene.
(c) Identifying NCIC Missing Person File categories (e.g., disability, endangered,
involuntary, juvenile and catastrophe).
(d) Verifying the accuracy of all descriptive information.
(e) Initiating a neighborhood investigation.
(f) Investigating any relevant recent family dynamics.
(g) Addressing conflicting information.
(h) Key investigative and coordination steps.
(i) Managing a missing person case.
0) Additional resources and specialized services.
(k) Update procedures for case information and descriptions.
(1) Preserving scenes.
(m) Internet and technology issues (e.g., Internet use, cell phone use).
(n) Media relations.
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Public Alerts
317.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information
and soliciting public aid when appropriate.
317.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television
and press organizations and other groups to notify the public of incidents, or enlist the aid of the
public, when the exchange of information may enhance the safety of the community. Various types
of alerts may be available based upon each situation and the alert system's individual criteria.
317.3 RESPONSIBILITIES
317.3.1 MEMBER RESPONSIBILITIES
Members of the Port Orchard Police Department should notify their supervisors, Shift Supervisor
or General Investigations Unit supervisor as soon as practicable upon learning of a situation where
public notification, a warning, or enlisting the help of the media and public could assist in locating
a missing person, apprehending a dangerous person, or gathering information.
317.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor apprised of the need for a public alert is responsible to make the appropriate
notifications based upon the circumstances of each situation. The supervisor shall promptly notify
the Chief of Police, the Deputy Chiefs and the Public Information Officer when any public alert
is generated.
The supervisor in charge of the investigation to which the alert relates is responsible for the
following:
(a) Updating alerts
(b) Canceling alerts
(c) Ensuring all appropriate reports are completed
(d) Preparing an after -action evaluation of the investigation to be forwarded to the Deputy
Chief
317.3.3 PUBLIC ALERT REPORTING OFFICER RESPONSIBILITIES
The Chief of Police should designate a public alert reporting officer, who is responsible for:
(a) Remaining familiar with the protocols for activating, maintaining and cancelling all
applicable public alerts.
(b) Being the point of contact with the Washington AMBER Alert Advisory Committee.
(c) Ensuring the Department has members who have completed the appropriate training.
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317.4 WASHINGTON STATEWIDE AMBER ALERT TIM PLAN
The AMBER AlertTM Plan is a voluntary partnership between law enforcement, state government
agencies, broadcasters and other participants to rapidly disseminate information to enhance the
public's ability to assist in recovering abducted children (RCW 13.60.010).
The Port Orchard Police Department participates in this partnership and may initiate an AMBER
Alert to disseminate information to the public when the criteria for an AMBER Alert are met.
317.4.1 CRITERIA
The following criteria must exist prior to requesting an AMBER Alert:
(a) The child is under 18 years of age and is known to have been abducted. The child is
not a runaway or an abandoned child.
(b) The abducted child is believed to be in danger of death or serious bodily injury.
(c) The AMBER Alert activation should occur within four hours of the qualifying event
unless circumstances or the timeliness of the information warrant otherwise.
(d) There must be enough descriptive information to believe that an AMBER Alert
activation will assist in the recovery of the child, including:
1. Where the abduction took place.
2. A physical description of the child: height, weight, age, hair color and length,
eye color, clothing worn when the child was last seen, and any distinguishing
physical characteristics.
3. A physical description of the abductor: height, weight, age, hair color and length,
eye color, clothing worn when the suspect last seen, and any distinguishing
physical characteristics.
4. Place last seen.
5. Description of the vehicle: color, make, model, license number, approximate
year.
(e) The incident must be reported to and investigated by a law enforcement agency.
317.4.2 PROCEDURE
Should the Shift Supervisor or supervisor determine that the incident meets the criteria of the
Washington Statewide AMBER Alert Plan, the Shift Supervisor or supervisor should:
(a) Ensure that department protocol is followed regarding approval of the alert.
(b) Ensure all appropriate documentation is completed.
(c) Contact the Washington State Patrol (WSP) Communication Center for entry into the
Law Enforcement Alerting Portal (LEAP).
(d) Ensure prompt entry of information into the Washington Crime Information Center
(WACIC) and the National Crime Information Center (NCIC) databases.
(e) Promptly notify the Chief of Police and the appropriate Deputy Chief of any AMBER
Alert activation.
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(f) Ensure the preparation of an initial press release that includes all the information
required by the Washington Statewide AMBER Alert Plan, and any other available
information that might aid in locating the child, such as:
1. A photograph.
2. Detail regarding location of incident, direction of travel, and potential
destinations, if known.
3. Name and telephone number of the Public Information Officer (PIO) or other
authorized point of contact to handle media and law enforcement liaison.
4. A telephone number and point of contact for the public to call with leads or
information.
317.5 ENDANGERED MISSING PERSON ADVISORY
The Endangered Missing Person Advisory is a voluntary partnership between law enforcement,
other government agencies, and local broadcasters to rapidly disseminate information to law
enforcement agencies, the media, and the public about a missing and endangered person in
circumstances that do not qualify for an AMBER Alert (RCW 13.60.050).
The Port Orchard Police Department participates in this partnership and may initiate the required
notifications whenever a person is reported missing from this jurisdiction and meets the criteria
of an Endangered Missing Person.
An endangered missing person advisory may be termed a (RCW 13.60.010):
(a) "Silver alert" when initiated to assist in the recovery of a missing endangered person
age 60 or older.
(b) "Missing Indigenous person alert" to assist in the recovery of a missing Indigenous
person.
317.5.1 CRITERIA
All of the following criteria must exist prior to initiating an Endangered Missing Person Advisory:
(a) The person is missing under unexplained, involuntary, or suspicious circumstances.
(b) The person has a developmental disability, is a vulnerable adult, or is believed to be
in danger because of age, health, mental or physical disability, in combination with
environmental or weather conditions, or is believed to be unable to return to safety
without assistance. This also includes a person diagnosed as having Alzheimer's
disease or other age -related dementia (RCW 13.60.010).
(c) There is enough information that could assist the public in the safe recovery of the
missing person (e.g., photo or description, clothing worn when last seen, vehicle,
location last seen).
(d) The incident has been reported to and investigated by a law enforcement agency.
317.5.2 PROCEDURE
Should the Shift Supervisor or supervisor determine that the incident meets the criteria of an
Endangered Missing Person Advisory, the Shift Supervisor or supervisor should:
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(a) Ensure that department protocol is followed regarding approval of the alert.
(b) Ensure all appropriate documentation is completed.
(c) Contact the WSP Communication Center for entry into LEAP.
(d) Direct Records Unit personnel to enter the information into the WACIC and NCIC
databases using the proper message key: Missing (MNP), Endangered (EME), or
Involuntary (EMI).
(e) Notify Kitsap 911 of the advisory and ensure that it is prepared to handle a high volume
of telephone calls.
(f) Ensure that the handling officer attempts to obtain a photograph of the missing person
and/or suspect as soon as possible.
(g) Direct the Records Unit to enter the photograph into WACIC and NCIC, then send an
email to the WSP Missing Persons Unit (MPU).
(h) Appoint a PIO to handle the media.
1. The PIO should notify the media through appropriate channels regarding
the Endangered Person Advisory. Upon request, the WSP MPU can provide
electronic posters with details of the missing person.
2. If the Endangered Missing Person is 21 years of age or younger, NCMEC should
be notified as soon as practicable.
(i) The Records Unit personnel should promptly cancel the advisory after an Endangered
Missing Person is located by sending an administrative message through A Central
Computerized Enforcement Service System (ACCESS), noting that the person has
been found.
317.6 BLUE ALERTS
The Blue Alert system is a voluntary cooperation between law enforcement, state government
agencies and local broadcasters to enhance the public's ability to assist in locating and
apprehending persons suspected of killing or seriously injuring a law enforcement officer (RCW
10.108.030).
The Port Orchard Police Department participates in this partnership and may initiate a Blue Alert
to disseminate information to the public when the criteria for a Blue Alert are met.
317.6.1 CRITERIA
All of the following criteria are required to exist prior to initiating a Blue Alert (RCW 10.108.030):
(a) The suspect has not been apprehended.
(b) The suspect poses a serious threat to the public.
(c) Sufficient information is available to disseminate to the public to assist in locating and
apprehending the suspect.
(d) The release of the information will not compromise the investigation.
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(e) The release of the information will not improperly notify an officer's next of kin.
317.6.2 PROCEDURE
Should the Shift Supervisor or supervisor determine that the incident meets the criteria of a Blue
Alert, the Shift Supervisor or supervisor should:
(a) Direct Records Unit personnel to prepare a Blue Alert administrative message through
ACCESS. The words, "Blue Alert Advisory" should be included in the title of the
message.
(b) Contact WSP Communications to verify that the advisory was received and, if
available, provide the suspect's vehicle information and request the Washington
Department of Transportation (WSDOT) to activate variable message signs.
(c) Ensure that descriptive information about the suspect, the suspect's whereabouts, and
the suspect's method of escape is disseminated.
(d) Appoint a PIO to issue press releases and handle media inquiries.
1. The PIO should be updated continually and be in constant contact with all media
outlets to obtain maximum media exposure, provide updates, and cancel the
Blue Alert when appropriate.
(e) Notify Kitsap 911 of the Blue Alert and ensure that it is prepared to handle a high
volume of telephone calls.
(f) Ensure that a press release is issued cancelling the Blue Alert.
317.7 HIT-AND-RUN ALERTS
The Hit -and -Run Alert system is a program of cooperation among state, local, and tribal law
enforcement agencies and WSDOT to enhance the ability to identify and recover a fleeing vehicle
involved in a serious injury or fatality hit-and-run collision.
317.7.1 CRITERIA
All of the following criteria must exist prior to initiating a Hit -and -Run Alert:
(a) A hit-and-run collision resulting in serious injury or death occurred (RCW 46.52.020).
(b) Enough descriptive information is available to assist in locating the suspect vehicle,
such as a full or partial license plate, a description of the vehicle and any possible
damage to it, location, or direction of travel when last seen.
(c) The incident has been reported and is being investigated by a law enforcement
agency.
317.7.2 PROCEDURE
Should the Shift Supervisor or supervisor determine that the incident meets the criteria of a Hit -
and -Run Alert, the Shift Supervisor or supervisor should:
(a) Ensure that department protocol is followed regarding approval of the alert.
(b) Ensure the appropriate form is completed.
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(c) Email the form to the WSP Hit -and -Run Alert Activation Team and immediately call
the Team to discuss the activation.
(d) Notify Kitsap 911 of the advisory and ensure that it is prepared to handle a high volume
of telephone calls.
(e) Appoint a PIO to handle media inquiries.
The Records Unit personnel should promptly cancel the alert when no longer needed by sending
an email to the WSP Hit -and -Run Alert Activation Team.
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Victim Witness Assistance
318.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.
318.2 POLICY
The Port Orchard Police Department is committed to providing guidance and assistance to the
victims and witnesses of crime. The employees of the Port Orchard Police Department will show
compassion and understanding for victims and witnesses and will make reasonable efforts to
provide the support and information identified in this policy.
318.3 CRIME VICTIM LIAISON
The Chief of Police may appoint a member of the Department to serve as the crime victim
liaison. The crime victim liaison will be the point of contact for individuals requiring further
assistance or information from the Port Orchard Police Department regarding benefits from crime
victim resources. This person shall also be responsible for maintaining compliance with all legal
mandates related to crime victims and/or witnesses.
318.3.1 SPECIFIC VICTIM LIAISON DUTIES
The crime victim liaison should:
(a) Ensure that the Department affords victims and witnesses their appropriate rights
(RCW 7.69.030; RCW 7.69B.020; RCW 70.125.110).
(b) Ensure that child victims and witnesses are provided appropriate services and rights
(RCW 7.69A.030).
(c) Coordinate with the County Prosecutor's Office to ensure that all other required
notifications are provided to victims and witnesses.
318.4 CRIME VICTIMS
Officers should provide all victims with the applicable victim information handouts.
Officers should never guarantee a victim's safety from future harm but may make practical safety
suggestions to victims who express fear of future harm or retaliation. Officers should never
guarantee that a person qualifies as a victim for the purpose of compensation or restitution but
may direct him/her to the proper written department material or available victim resources.
318.4.1 RIGHT OF IMMEDIATE MEDICAL ASSISTANCE
Victims have the right to immediate medical assistance and should not be detained for an
unreasonable length of time before having such assistance administered. The officer may
accompany the victim to a medical facility to question the victim about the criminal incident if the
questioning does not hinder the administration of medical assistance (RCW 7.69.030).
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318.5 VICTIM INFORMATION
The Police Services Coordinator shall ensure that victim information handouts are available and
current. These should include as appropriate:
(a) Shelters and other community resources for victims including domestic violence and
sexual assault victims.
(b) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic
medical exams, and information about evidence collection, storage, and preservation
in sexual assault cases (34 USC § 10449; 34 USC § 20109; RCW 70.125.110).
(c) An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(d) A clear explanation of relevant court orders and how they can be obtained.
(e) Information regarding available compensation for qualifying victims of crime.
(f) VINE® information (Victim Information and Notification Everyday), including the
telephone number and whether this free service is available to allow victims to check
on an offender's custody status and to register for automatic notification when a person
is released from jail.
(g) Notice regarding U-Visa and T-Visa application processes.
(h) Resources available for victims of identity theft.
(i) A place for the officer's name, badge number, and any applicable case or incident
number.
(j) A written statement enumerating the rights of victims (RCW 7.69.030; RCW
7.69A.030; RCW 7.69B.020).
(k) The name, address, and telephone number of the local victim/witness program, or
contact information for the Washington Coalition of Crime Victim Advocates.
(1) An advisement notifying victims of domestic violence of their right to personally initiate
a criminal proceeding when an officer does not exercise arrest powers or initiate
criminal proceedings by citation (RCW 10.99.030).
(m) Information about the address confidentiality program (RCW 40.24.030).
318.6 WITNESSES
Officers should never guarantee a witness' safety from future harm or that his/her identity will
always remain confidential. Officers may make practical safety suggestions to witnesses who
express fear of future harm or retaliation.
Officers should investigate allegations of witness intimidation and take enforcement action when
lawful and reasonable.
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318.7 WITNESS INFORMATION
Any person who has been or expects to be summoned to testify for the prosecution in a criminal
action, orwho is subject to call or is likely to be called as a witness, has rights to specific information
about the case (RCW 7.69.030).
The Administrative Services Staff shall ensure that witness information handouts are available
and current. These should include information regarding witness rights (RCW 7.69.030).
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Hate Crimes
319.1 PURPOSE AND SCOPE
This department recognizes and places a high priority on the rights of all individuals guaranteed
under the Constitution and the laws of this state. When such rights are infringed upon by violence,
threats or other harassment, this department will utilize all available resources to see that justice
is served under the law. This policy has been developed to provide members of this department
with guidelines for identifying and investigating incidents and crimes that may be motivated by
hatred or other bias.
319.2 DEFINITIONS
Except where otherwise noted, the following definitions are provided per RCW 9A.04.110:
Bodily injury, physical injury, or bodily harm - Physical pain or injury, illness, or an impairment
of physical condition.
Gender expression or identity - Having, or being perceived as having, a gender identity, self-
image, appearance, behavior, or expression, whether or not that gender identity, self-image,
appearance, behavior, or expression is different from that traditionally associated with the sex
assigned to that person at birth (RCW 9A.36.080).
Malice and maliciously - To import an evil intent, wish, or design to vex, annoy, or injure another
person. Malice may be inferred from an act done in willful disregard of the rights of another, or
an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a
willful disregard of social duty.
Reasonable person - A reasonable person who is a member of the victim's race, color, religion,
ancestry, national origin, gender, or sexual orientation, or who has the same gender expression
or identity, or the same mental, physical, or sensory disability as the victim (RCW 9A.36.080).
Sexual orientation - Heterosexuality, homosexuality, or bisexuality (RCW 9A.36.080).
Threat - To communicate, directly or indirectly, the intent to cause bodily injury immediately or
in the future to any other person or to cause physical damage immediately or in the future to the
property of another person.
K1f 141991 �II,YiII�/_14611Ir_Ar1111=['
319.3.1 HATE CRIME OFFENSES
A person is guilty of a hate crime offense if he/she maliciously and intentionally commits one of the
following acts because of his/her perception of the victim's race, color, religion, ancestry, national
origin, ethnicity, gender, sexual orientation, gender expression or identity, or mental, physical, or
sensory disability (RCW 9A.36.080):
(a) Causes physical injury to the victim or another person.
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(b) Causes physical damage to or destruction of the property of the victim or another
person.
(c) Threatens a specific person or group of persons and places that person, or members
of the specific group of persons, in reasonable fear of harm to person or property. The
fear must be a fear that a reasonable person would have under the circumstances.
Prima facie acts of hate are described in RCW 9A.36.080(2).
319.3.2 THREATS TO BOMB OR INJURE PROPERTY
It is unlawful for any person to threaten to bomb or otherwise injure any public or private
school building, any place of worship or public assembly, any governmental property, or any
other building, common carrier, or structure, or any place used for human occupancy; or to
communicate or repeat any information concerning such a threatened bombing or injury, knowing
such information to be false and with intent to alarm the person or persons to whom the information
is communicated or repeated (RCW 9.61.160).
319.3.3 FEDERAL JURISDICTION
The federal government has the power to investigate and prosecute bias -motivated violence by
giving the U.S. Department of Justice jurisdiction over crimes of violence where the perpetrator
has selected the victim because of the person's actual or perceived race, color, religion, national
origin, gender, sexual orientation, gender identity or disability (18 USC § 245).
319.4 CIVIL STATUTES
In addition to the criminal penalty provided in RCW 9A.36.080 for committing a hate crime offense,
the victim may bring a civil cause of action for the hate crime offense against the person who
committed the offense. A person may be liable to the victim of the hate crime offense for actual
damages, punitive damages of up to one hundred thousand dollars, and reasonable attorneys'
fees and costs incurred in bringing the action (RCW 9A.36.083).
319.5 PREVENTING AND PREPARING FOR LIKELY HATE CRIMES
While it is recognized that not all crime can be prevented, this department is committed to taking
a proactive approach to preventing and preparing for likely hate crimes by:
(a) Making an affirmative effort to establish contact with persons and groups within the
community who are likely targets of hate crimes to form and cooperate with prevention
and response networks.
(b) Providing victim assistance and follow-up as outlined below, including community
follow-up.
(c) Educating community and civic groups about hate crime laws.
319.6 PROCEDURE FOR INVESTIGATING HATE CRIMES
Whenever any member of this department receives a report of a suspected hate crime or other
activity that reasonably appears to involve a potential hate crime, the following should occur:
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(a) Officer(s) will be promptly assigned to contact the victim, witness, or reporting party to
investigate the matter further as circumstances may dictate.
(b) A supervisor should be notified of the circumstances as soon as practical.
(c) Once "in progress" aspects of any such situation have been stabilized (e.g., treatment
of victims, apprehension of present suspects, etc.), the assigned officer(s) will take
all reasonable steps to preserve available evidence that may tend to establish that a
hate crime was involved.
(d) The assigned officer(s) will interview available witnesses, victims and others to
determine what circumstances, if any, indicate that the situation may involve a hate
crime.
(e) Depending on the situation, the assigned officer(s) or supervisor may request
additional assistance from detectives or other resources to further the investigation.
(f) The assigned officer(s) will include all available evidence indicating the likelihood of a
hate crime in the relevant report(s). All related reports will be clearly marked as "Hate
Crimes" and, absent prior approval of a supervisor, will be completed and submitted
by the assigned officer(s) before the end of the shift.
(9) The assigned officer(s) will provide the victim(s) of any suspected hate crime with a
brochure on hate crimes. Such brochures will also be available to members of the
general public upon request. The assigned officer(s) should also make reasonable
efforts to assist the victim(s) by providing available information on local assistance
programs and organizations.
(h) The assigned officer(s) and supervisor should take reasonable steps to ensure that
any such situation does not escalate further.
319.6.1 GENERAL INVESTIGATIONS UNIT RESPONSIBILITY
If a case is assigned to the General Investigations Unit, the assigned detective will be responsible
for following up on the reported hate crime as follows:
(a) Coordinate further investigation with the County Prosecutor and other appropriate law
enforcement agencies, as appropriate.
(b) Maintain contact with the victim(s) and other involved individuals as needed.
(c) Maintain statistical data on suspected hate crimes and tracking as indicated and report
such data to the Washington Association of Sheriffs and Police Chiefs (WASPC)
(RCW 36.28A.030).
319.7 TRAINING
All members of this department will receive CJTC approved training on hate crime recognition and
investigation (RCW 43.101.290).
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Standards of Conduct
320.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of
the Port Orchard Police Department and are expected of all department members. The standards
contained in this policy are not intended to be an exhaustive list of requirements and prohibitions
but they do identify many of the important matters concerning conduct. In addition to the provisions
of this policy, members are subject to all other provisions contained in this manual, as well as
any additional guidance on conduct that may be disseminated by this department or a member's
supervisors.
320.2 POLICY
The continued employment or appointment of every member of the Port Orchard Police
Department shall be based on conduct that reasonably conforms to the guidelines set forth herein.
Failure to meet the guidelines set forth in this policy, whether on- or off -duty, may be cause for
disciplinary action.
320.3 DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person
in a position of authority, absent a reasonable and bona fide justification.
320.3.1 UNLAWFUL OR CONFLICTING ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a
violation of any law or department policy. Supervisors should not issue orders that conflict with
any previous order without making reasonable clarification that the new order is intended to
countermand the earlier order.
No member is required to obey any order that appears to be in direct conflict with any federal
law, state law or local ordinance. Following a known unlawful order is not a defense and does not
relieve the member from criminal or civil prosecution or administrative discipline. If the legality of
an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or
shall confer with a higher authority. The responsibility for refusal to obey rests with the member,
who shall subsequently be required to justify the refusal.
Unless it would jeopardize the safety of any individual, members who are presented with a lawful
order that is in conflict with a previous lawful order, department policy or other directive shall
respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible
for either resolving the conflict or clarifying that the lawful order is intended to countermand the
previous lawful order or directive, in which case the member is obliged to comply. Members who
are compelled to follow a conflicting lawful order after having given the issuing supervisor the
opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order
or directive that was initially issued.
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The person countermanding the original order shall notify, in writing, the person issuing the original
order, indicating the action taken and the reason.
320.3.2 SUPERVISOR RESPONSIBILITIES
Supervisors and managers are required to follow all policies and procedures and may be subject
to discipline for:
(a) Failure to be reasonably aware of the performance of their subordinates or to provide
appropriate guidance and control.
(b) Failure to promptly and fully report any known misconduct of a member to his/her
immediate supervisor or to document such misconduct appropriately or as required
by policy.
(c) Directing a subordinate to violate a policy or directive, acquiesce to such a violation,
or are indifferent to any such violation by a subordinate.
(d) The unequal or disparate exercise of authority on the part of a supervisor toward any
member for malicious or other improper purpose.
320.4 GENERAL STANDARDS
Members shall conduct themselves, whether on- or off -duty, in accordance with the United
States and Washington constitutions and all applicable laws, ordinances, and rules enacted or
established pursuant to legal authority.
Members shall familiarize themselves with policies and procedures and are responsible for
compliance with each. Members should seek clarification and guidance from supervisors in the
event of any perceived ambiguity or uncertainty.
Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule
violation be cited to sustain discipline. This policy is not intended to cover every possible type of
misconduct.
320.5 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every
possible type of misconduct and does not preclude the recommendation of disciplinary action
for violation of other rules, standards, ethics and specific action or inaction that is detrimental to
efficient department service.
320.5.1 LAWS, RULES AND ORDERS
(a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure,
rule, order, directive, requirement or failure to follow instructions contained in
department or City manuals.
(b) Disobedience of any legal directive or order issued by any department member of a
higher rank.
(c) Violation of federal, state, local or administrative laws, rules or regulations.
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320.5.2 ETHICS
(a) Using or disclosing one's status as a member of the Port Orchard Police Department
in any way that could reasonably be perceived as an attempt to gain influence or
authority for non -department business or activity.
(b) The wrongful or unlawful exercise of authority on the part of any member for malicious
purpose, personal gain, willful deceit or any other improper purpose.
(c) The receipt or acceptance of a reward, fee or gift from any person for service incident
to the performance of the member's duties (lawful subpoena fees and authorized work
permits excepted).
(d) Acceptance of fees, gifts or money contrary to the rules of this department and/or laws
of the state.
(e) Offer or acceptance of a bribe or gratuity.
(f) Misappropriation or misuse of public funds, property, personnel or services.
(g) Any other failure to abide by the standards of ethical conduct.
320.5.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to
any person because of actual or perceived characteristics such as race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, age, disability, economic status,
cultural group, veteran status, marital status, and any other classification or status protected
by law, or intentionally denying or impeding another in the exercise or enjoyment of any right,
privilege, power, or immunity, knowing the conduct is unlawful.
320.5.4 RELATIONSHIPS
(a) Unwelcome solicitation of a personal or sexual relationship while onduty or through
the use of one's official capacity.
(b) Engaging in onduty sexual activity including, but not limited to, sexual intercourse,
excessive displays of public affection or other sexual contact.
(c) Establishing or maintaining an inappropriate personal or financial relationship, as a
result of an investigation, with a known victim, witness, suspect or defendant while a
case is being investigated or prosecuted, or as a direct result of any official contact.
(d) Associating with or joining a criminal gang, organized crime and/or criminal syndicate
when the member knows or reasonably should know of the criminal nature of the
organization. This includes any organization involved in a definable criminal activity or
enterprise, except as specifically directed and authorized by this department.
(e) Associating on a personal, rather than official basis with persons who demonstrate
recurring involvement in serious violations of state or federal laws after the member
knows, or reasonably should know of such criminal activities, except as specifically
directed and authorized by this department.
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320.5.5 ATTENDANCE
(a) Leaving the job to which the member is assigned during duty hours without reasonable
excuse and proper permission and approval.
(b) Unexcused or unauthorized absence or tardiness.
(c) Excessive absenteeism or abuse of leave privileges.
(d) Failure to report to work or to the place of assignment at the time specified and fully
prepared to perform duties without reasonable excuse.
320.5.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
(a) Unauthorized and inappropriate intentional release of confidential or protected
information, materials, data, forms, or reports obtained as a result of the member's
position with this department.
(b) Disclosing to any unauthorized person any active investigation information.
(c) The use of any information, photograph, video, or other recording obtained or
accessed as a result of employment or appointment to this department for personal
or financial gain or without the express authorization of the Chief of Police or the
authorized designee.
(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any
department property for personal use, personal gain, or any other improper or
unauthorized use or purpose.
(e) Using department resources in association with any portion of an independent civil
action. These resources include but are not limited to personnel, vehicles, equipment,
and nonsubpoenaed records.
320.5.7 EFFICIENCY
(a) Neglect of duty.
(b) Unsatisfactory work performance including but not limited to failure, incompetence,
inefficiency, or delay in performing and/or carrying out proper orders, work
assignments, or the instructions of supervisors without a reasonable and bona fide
excuse.
(c) Concealing, attempting to conceal, removing, or destroying defective or incompetent
work.
(d) Unauthorized sleeping during on -duty time or assignments.
(e) Failure to notify the Department within 24 hours of any change in residence address
or contact numbers.
(f) Failure to notify the Human Resources of changes in relevant personal information
(e.g., information associated with benefits determination) in a timely fashion.
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320.5.8 PERFORMANCE
(a) Failure to disclose or misrepresenting material facts, or making any false or misleading
statement on any application, examination form, or other official document, report or
form, or during the course of any workrelated investigation.
(b) The falsification of any work -related records, making misleading entries or statements
with the intent to deceive or the willful and unauthorized removal, alteration,
destruction and/or mutilation of any department record, public record, book, paper or
document.
(c) Failure to participate in, or giving false or misleading statements, or misrepresenting or
omitting material information to a supervisor or other person in a position of authority,
in connection with any investigation or in the reporting of any department -related
business.
(d) Being untruthful or knowingly making false, misleading or malicious statements that
are reasonably calculated to harm the reputation, authority or official standing of this
department or its members.
(e) Disparaging remarks or conduct concerning duly constituted authority to the extent
that such conduct disrupts the efficiency of this department or subverts the good order,
efficiency and discipline of this department or that would tend to discredit any of its
members.
(f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or
betting under any of the following conditions:
(a) While on department premises.
(b) At any work site, while on -duty or while in uniform, or while using any department
equipment or system.
(c) Gambling activity undertaken as part of an officer's official duties and with the
express knowledge and permission of a direct supervisor is exempt from this
prohibition.
(g) Improper political activity including:
Unauthorized attendance while on -duty at official legislative or political sessions.
2. Solicitations, speeches or distribution of campaign literature for or against any
political candidate or position while on -duty or on department property except
as expressly authorized by City policy, the collective bargaining agreement, or
the Chief of Police.
(h) Engaging in political activities during assigned working hours except as expressly
authorized by City policy, the collective bargaining agreement, or the Chief of Police.
(i) Any act on or offduty that brings discredit to this department.
320.5.9 CONDUCT
(a) Failure of any member to promptly and fully report activities on the member's part or
the part of any other member where such activities resulted in contact with any other
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law enforcement agency or that may result in criminal prosecution or discipline under
this policy. (RCW 10.93.190).
(b) Unreasonable and unwarranted force to a person encountered or a person under
arrest.
(c) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive
conduct.
(d) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily
harm on another.
(e) Engaging in horseplay that reasonably could result in injury or property damage.
(f) Discourteous, disrespectful or discriminatory treatment of any member of the public
or any member of this department or the City.
(g) Use of obscene, indecent, profane or derogatory language while on -duty or in uniform.
(h) Criminal, dishonest, or disgraceful conduct, whether on- or off -duty, that adversely
affects the member's relationship with this department.
(i) Unauthorized possession of, loss of, or damage to department property or the property
of others, or endangering it through carelessness or maliciousness.
Q) Attempted or actual theft of department property; misappropriation or misuse of public
funds, property, personnel or the services or property of others; unauthorized removal
or possession of department property or the property of another person.
(k) Activity that is incompatible with a member's conditions of employment or appointment
as established by law or that violates a provision of any collective bargaining
agreement to include fraud in securing the appointment or hire.
(1) Initiating any civil action for recovery of any damages or injuries incurred in the course
and scope of employment or appointment without first notifying the Chief of Police of
such action.
(m) Any other on- or off --duty conduct that any member knows or reasonably should know
is unbecoming a member of this department, is contrary to good order, efficiency or
morale, or tends to reflect unfavorably upon this department or its members.
(n) Any conduct contrary to upholding and/or fulfilling the mission, vision, and values of
the Port Orchard Police Department.
320.5.10 SAFETY
(a) Failure to observe or violating department safety standards or safe working practices.
(b) Failure to maintain current licenses or certifications required for the assignment or
position (e.g., driver license, first aid).
(c) Failure to maintain good physical condition sufficient to adequately and safely perform
law enforcement duties.
(d) Unsafe firearm or other dangerous weapon handling to include loading or unloading
firearms in an unsafe manner, either on- or off -duty.
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(e) Carrying, while on the premises of the work place, any firearm or other lethal weapon
that is not authorized by the member's appointing authority.
(f) Unsafe or improper driving habits or actions in the course of employment or
appointment.
(g) Any personal action contributing to a preventable traffic collision.
(h) Concealing or knowingly failing to report any on-the-job or work -related accident or
injury as soon as practicable but within 24 hours.
320.5.11 INTOXICANTS
(a) Reporting for work or being at work while intoxicated or when the member's ability to
perform assigned duties is impaired due to the use of alcohol, medication or drugs,
whether legal, prescribed or illegal.
(b) Possession or use of alcohol at any work site or while on -duty, except as authorized
in the performance of an official assignment. A member who is authorized to consume
alcohol is not permitted to do so to such a degree that it may impair on -duty
performance.
(c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal
drug or non -prescribed medication to any work site.
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Information Technology Use
321.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of department information
technology resources, including computers, electronic devices, hardware, software and systems.
321.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system - All computers (on -site and portable), electronic devices, hardware, software,
and resources owned, leased, rented or licensed by the Port Orchard Police Department that are
provided for official use by its members. This includes all access to, and use of, Internet Service
Providers (ISP) or other service providers provided by or through the Department or department
funding.
Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,
electronic devices, telephones, including cellular and satellite, pagers, modems or any other
tangible computer device generally understood to comprise hardware.
Software - Includes, but is not limited to, all computer programs, systems and applications,
including shareware. This does not include files created by the individual user.
Temporary file, permanent file or file - Any electronic document, information or data residing
or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar
entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.
321.2 POLICY
It is the policy of the Port Orchard Police Department that members shall use information
technology resources, including computers, software and systems, that are issued or maintained
by the Department in a professional manner and in accordance with this policy.
321.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to emails, texts or anything published,
shared, transmitted or maintained through file -sharing software or any Internet site that is
accessed, transmitted, received or reviewed on any department computer system.
The Department reserves the right to access, audit and disclose, for whatever reason, any
message, including attachments, and any information accessed, transmitted, received or reviewed
over any technology that is issued or maintained by the Department, including the department
email system, computer network and/or any information placed into storage on any department
system or device. This includes records of all keystrokes or Web -browsing history made at any
department computer or over any department network. The fact that access to a database, service
or website requires a username or password will not create an expectation of privacy if it is
accessed through department computers, electronic devices or networks.
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Employees may not be asked or required to disclose logon information for their personal social
networking accounts or to provide access to their personal social networking accounts unless
otherwise allowed under RCW 49.44.200 (RCW 49.44.200).
321.4 RESTRICTED USE
Members shall not access computers, devices, software or systems for which they have
not received prior authorization or the required training. Members shall immediately report
unauthorized access or use of computers, devices, software or systems by another member to
their supervisors or Shift Supervisors.
Members shall not use another person's access passwords, logon information and other individual
security data, protocols and procedures unless directed to do so by a supervisor.
321.4.1 INTERNET USE
Internet access provided by or through the Department shall be strictly limited to department -
related activities. Internet sites containing information that is not appropriate or applicable to
department use and which shall not be intentionally accessed include, but are not limited to,
adult forums, pornography, gambling, chat rooms and similar or related Internet sites. Certain
exceptions may be permitted with the express approval of a supervisor as a function of a member's
assignment.
Downloaded information shall be limited to messages, mail and data files.
321.4.2 HARDWARE
Access to technology resources provided by or through the Department shall be strictly limited to
department -related activities. Data stored on or available through department computer systems
shall only be accessed by authorized members who are engaged in an active investigation
or assisting in an active investigation or who otherwise have a legitimate law enforcement or
department -related purpose to access such data. Any exceptions to this policy must be approved
by a supervisor.
321.4.3 OFF -DUTY USE
Members shall only use technology resources provided by the Department while on -duty or in
conjunction with specific on -call assignments unless specifically authorized by a supervisor. This
includes the use of telephones, cell phones, texting, email or any other "off the clock" work -related
activities. This also applies to personally owned devices that are used to access department
resources.
Refer to the Personal Communication Devices Policy for guidelines regarding off -duty use of
personally owned technology.
321.4.4 SOFTWARE
Members shall not copy or duplicate any copyrighted or licensed software except for a single copy
for backup purposes in accordance with the software company's copyright and license agreement.
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To reduce the risk of a computer virus or malicious software, members shall not install any
unlicensed or unauthorized software on any department computer. Members shall not install
personal copies of any software onto any department computer.
When related to criminal investigations, software program files may be downloaded only with the
approval of the information systems technology (IT) staff and with the authorization of the Chief
of Police or the authorized designee.
No member shall knowingly make, acquire or use unauthorized copies of computer software that
is not licensed to the Department while on department premises, computer systems or electronic
devices. Such unauthorized use of software exposes the Department and involved members to
severe civil and criminal penalties.
Introduction of software by members should only occur as part of the automated maintenance
or update process of department- or City -approved or installed programs by the original
manufacturer, producer or developer of the software.
Any other introduction of software requires prior authorization from IT staff and a full scan for
malicious attachments.
321.5 PROTECTION OF AGENCY SYSTEMS AND FILES
All members have a duty to protect the computer system and related systems and devices from
physical and environmental damage and are responsible for the correct use, operation, care and
maintenance of the computer system.
Members shall ensure department computers and access terminals are not viewable by persons
who are not authorized users. Computers and terminals should be secured, users logged
off and password protections enabled whenever the user is not present. Access passwords,
logon information and other individual security data, protocols and procedures are confidential
information and are not to be shared. Password length, format, structure and content shall meet
the prescribed standards required by the computer system or as directed by a supervisor and
shall be changed at intervals as directed by IT staff or a supervisor.
It is prohibited for a member to allow an unauthorized user to access the computer system at any
time or for any reason. Members shall promptly report any unauthorized access to the computer
system or suspected intrusion from outside sources (including the Internet) to a supervisor.
321.6 INSPECTION OR REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the
computer system, all temporary or permanent files, related electronic systems or devices, and any
contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory
duties or based on cause.
Reasons for inspection or review may include, but are not limited to, computer system
malfunctions, problems or general computer system failure, a lawsuit against the Department
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involving one of its members or a member's duties, an alleged or suspected violation of any
department policy, a request for disclosure of data, or a need to perform or provide a service.
The IT staff may extract, download or otherwise obtain any and all temporary or permanent files
residing or located in or on the department computer system when requested by a supervisor or
during the course of regular duties that require such information.
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Department Use of Social Media
322.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the Department
is consistent with the department mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by department members (see the Employee Speech,
Expression and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection
Policy).
• Use of social media as part of a criminal investigation, other than disseminating
information to the public on behalf of this department (see the Investigation and
Prosecution Policy).
322.1.1 DEFINITIONS
Definitions related to this policy include:
Social media - Any of a wide array of Internet -based tools and platforms that allow for the sharing
of information, such as the department website or social networking services.
322.2 POLICY
The Port Orchard Police Department may use social media as a method of effectively informing
the public about department services, issues, investigations and other relevant events.
Department members shall ensure that the use or access of social media is done in a manner
that protects the constitutional rights of all.
322.3 AUTHORIZED USERS
Only members authorized by the Chief of Police or the authorized designee may utilize social
media on behalf of the Department. Authorized members shall use only department -approved
equipment during the normal course of duties to post and monitor department -related social media,
unless they are specifically authorized to do otherwise by their supervisors.
The Chief of Police may develop specific guidelines identifying the type of content that may be
posted. Any content that does not strictly conform to the guidelines should be approved by a
supervisor prior to posting.
Requests to post information over department social media by members who are not authorized
to post should be made through the member's chain of command.
322.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the department mission and
conforms to all department policies regarding the release of information may be posted.
Examples of appropriate content include:
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(a) Announcements.
(b) Tips and information related to crime prevention.
(c) Investigative requests for information.
(d) Requests that ask the community to engage in projects that are relevant to the
department mission.
(e) Real-time safety information that is related to in -progress crimes, geographical
warnings or disaster information.
(f) Traffic information.
(g) Press releases.
(h) Recruitment of personnel.
322.4.1 INCIDENT -SPECIFIC USE
In instances of active incidents where speed, accuracy and frequent updates are paramount
(e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the
authorized designee will be responsible for the compilation of information to be released, subject
to the approval of the Incident Commander.
322.5 PROHIBITED CONTENT
Content that is prohibited from posting includes, but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory or sexually explicit.
(b) Any information that violates individual rights, including confidentiality and/or privacy
rights and those provided under state, federal or local laws.
(c) Any information that could compromise an ongoing investigation.
(d) Any information that could tend to compromise or damage the mission, function,
reputation or professionalism of the Port Orchard Police Department or its members.
(e) Any information that could compromise the safety and security of department
operations, members of the Department, victims, suspects or the public.
(f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.
Any member who becomes aware of content on this department's social media site that he/she
believes is unauthorized or inappropriate should promptly report such content to a supervisor. The
supervisor will ensure its removal from public view and investigate the cause of the entry.
322.5.1 PUBLIC POSTING PROHIBITED
Department social media sites shall be designed and maintained to prevent posting of content
by the public.
The Department may provide a method for members of the public to contact department members
directly.
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322.6 MONITORING CONTENT
The Chief of Police will appoint a supervisor to review, at least annually, the use of department
social media and report back on, at a minimum, the resources being used, the effectiveness of
the content, any unauthorized or inappropriate content and the resolution of any issues.
322.7 RETENTION OF RECORDS
TheAdministrative Services Deputy Chief should work with the Custodian of Records to establish
a method of ensuring that public records generated in the process of social media use are retained
in accordance with established records retention schedules.
322.8 TRAINING
Authorized members should receive training that, at a minimum, addresses legal issues
concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination
and retention of information posted on department sites.
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Report Preparation
323.1 PURPOSE AND SCOPE
Report preparation is a major part of each officer's job. The purpose of reports is to document
sufficient information to refresh the officer's memory and to provide sufficient information for follow-
up investigation and successful prosecution. Report writing is the subject of substantial formalized
training and on-the-job training.
323.1.1 REPORT PREPARATION
Employees should ensure that reports are sufficiently detailed for their purpose and free from
errors prior to submission. It is the responsibility of the assigned employee to complete and submit
all reports taken during the shift before going off -duty unless permission to hold the report has
been approved by a supervisor. Generally, reports requiring prompt follow-up action on active
leads, or arrest reports where the suspect remains in custody should not be held.
All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard or assimilated by any other sense, and any actions taken. Employees shall not
suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false
report orally or in writing. Generally, the reporting employee's opinions should not be included in
reports unless specifically identified as such.
323.2 REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate department
approved form unless otherwise approved by a supervisor.
323.2.1 CRIMINAL ACTIVITY
When a member responds to a call for service, or as a result of self -initiated activity becomes
aware of any activity where a crime has occurred, the member shall document the incident
regardless of whether a victim desires prosecution.
Activity to be documented in a written report includes:
(a) All arrests
(b) All felony crimes
(c) Non -felony incidents involving threats or stalking behavior
(d) Situations covered by separate policy. These include:
1. Use of Force Policy
2. Domestic Violence Policy
3. Child Abuse Policy
4. Adult Abuse Policy
5. Hate Crimes Policy
6. Suspicious Activity Reports Policy
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(e) All misdemeanor crimes where the victim desires a report
323.2.2 NON -CRIMINAL ACTIVITY
Incidents that require documentation on the appropriate approved report include:
(a) Any time an officer points a firearm at any person.
(b) Any use of force against any person by a member of this department (see the Use
of Force Policy).
(c) Any firearm discharge (see the Firearms Policy).
(d) Any time a person is reported missing, regardless of jurisdiction (see the Missing
Persons Reporting Policy).
(e) Any found property or found evidence.
(f) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting
Policy).
(g) Suspicious incidents that may indicate a potential for crimes against children or that
a child's safety is in jeopardy.
(h) All protective custody detentions.
(i) Suspicious incidents that may place the public or others at risk.
(j) Whenever the employee believes the circumstances should be documented or at the
direction of a supervisor.
323.2.3 DEATH CASES
Death investigations require specific investigation methods depending on circumstances and
should be handled in accordance with the Death Investigation Policy. An officer handling a death
investigation should notify and apprise a supervisor of the circumstances surrounding the incident
and a determination will be made on how to proceed. The following cases shall be appropriately
investigated and documented using the approved report:
(a) Sudden or accidental deaths.
(b) Suicides
(c) Homicide or suspected homicide.
(d) Unattended deaths (No physician in attendance within 36 hours preceding death).
(e) Found dead bodies or body parts.
323.2.4 INJURY OR DAMAGE BY CITY PERSONNEL
Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally,
reports shall be taken involving damage to City property or City equipment.
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323.2.5 MISCELLANEOUS INJURIES
Any injury that is reported to this department shall require a report when:
(a) The injury is a result of drug overdose.
(b) Attempted suicide.
(c) The injury is major/serious, whereas death could result.
(d) The circumstances surrounding the incident are suspicious in nature and it is desirable
to record the event.
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an
employee to document any incident he/she deems necessary.
323.2.6 ALTERNATE REPORTING FOR VICTIMS
Reports that may be submitted by the public via online or other self -completed reporting processes
include:
(a) Lost property.
(b) Misdemeanor thefts of property, other than firearms or materials that threaten public
safety, when there is no suspect information, serial number or ability to trace the item.
1. Misdemeanor thefts of cellular telephones may be reported even though they
have a serial number.
(c) Misdemeanor vandalism with no suspect information and no hate crime implications.
(d) Vehicle burglaries with no suspect information or evidence.
(e) Stolen vehicle attempts with no suspect information or evidence.
(f) Annoying telephone calls with no suspect information.
(g) Identity theft without an identifiable suspect.
(h) Online or email fraud solicitations without an identifiable suspect and if the financial
loss classifies the crime as a misdemeanor.
(i) Hit-and-run vehicle collisions with no suspect or suspect vehicle.
Q) Supplemental property lists.
Members at the scene of one of the above incidents should not refer the reporting party to an
alternate means of reporting without authorization from a supervisor. Members may refer victims
to online victim assistance programs (e.g., Federal Communications Commission (FCC) website
for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes).
323.3 GENERAL POLICY OF EXPEDITIOUS REPORTING
In general, all officers and supervisors shall act with promptness and efficiency in the preparation
and processing of all reports. An incomplete report, unorganized reports or reports delayed without
supervisory approval are not acceptable. Reports shall be processed according to established
priorities or according to special priority necessary under exceptional circumstances.
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323.3.1 GENERAL USE OF OTHER HANDWRITTEN FORMS
County, state and federal agency forms may be block printed as appropriate. In general, the form
itself may make the requirement for typing apparent.
323.4 REPORT CORRECTIONS
Supervisors shall review reports for content and accuracy. If a correction is necessary, the
reviewing supervisor should return it to the originating employee with a note for correction as soon
as practical. It shall be the responsibility of the originating officer to ensure that any report returned
for correction is processed in a timely manner.
323.5 REPORT CHANGES OR ALTERATIONS
Reports that have been approved by a supervisor and submitted to the Records Unit for filing and
distribution shall not be modified or altered except by way of a supplemental report. Reviewed
reports that have not yet been submitted to the Records Unit may be corrected or modified by the
authoring officer only with the knowledge and authorization of the reviewing supervisor.
323.6 ELECTRONIC SIGNATURES
The Port Orchard Police Department has established an electronic signature procedure for use by
all employees of the Port Orchard Police Department. The Deputy Chief shall be responsible for
maintaining the electronic signature system and ensuring that each employee creates a unique,
confidential password for his/her electronic signature.
• Employees may only use their electronic signature for official reports or other official
communications.
• Each employee shall be responsible for the security and use of his/her electronic
signature and shall promptly notify a supervisor if the electronic signature has or may
have been compromised or misused.
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Media Relations
324.1 PURPOSE AND SCOPE
This policy provides guidelines for media releases and media access to scenes of disasters,
criminal investigations, emergencies and other law enforcement activities.
324.2 RESPONSIBILITIES
The ultimate authority and responsibility for the release of information to the media shall remain
with the Chief of Police, however, in situations not warranting immediate notice to the Chief of
Police and in situations where the Chief of Police has given prior approval, Sergeants, or the
Deputy Chief, may prepare and release information to the media in accordance with this policy
and the applicable law.
324.2.1 MEDIA REQUEST
Any media request for information or access to a law enforcement situation shall be referred to the
designated department media representative, or if unavailable, to the first available supervisor.
Prior to releasing any information to the media, employees shall consider the following:
(a) At no time shall any employee of this department make any comment or release
any official information to the media without prior approval from a supervisor or the
designated department media representative.
(b) In situations involving multiple law enforcement agencies, every reasonable effort
should be made to coordinate media releases with the authorized representative of
each involved agency prior to the release of any information by this department.
(c) Under no circumstance should any member of this department make any comment(s)
to the media regarding any law enforcement incident not involving this department
without prior approval of the Chief of Police.
324.3 MEDIA ACCESS
Authorized members of the media shall be provided access to scenes of disasters, criminal
investigations, emergencies and other law enforcement activities subject to the following
conditions:
(a) The media representative shall produce valid press credentials that shall be
prominently displayed at all times while in areas otherwise closed to the public.
(b) Media representatives may be prevented from interfering with emergency operations
and criminal investigations.
1. Reasonable effort should be made to provide a safe staging area for the
media that is near the incident and that will not interfere with emergency or
criminal investigation operations. All information released to the media should
be coordinated through the department Public Information Officer or other
designated spokesperson.
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2. Whenever the presence of media or other aircraft pose a threat to public or
officer safety or significantly hampers incident operations, the field supervisor
should consider requesting a Temporary Flight Restriction (TFR). The TFR
request should include specific information regarding the perimeter and
altitude necessary for the incident and should be requested through the
appropriate control tower. If the control tower is not known, the Federal Aviation
Administration should be contacted (14 CFR 91.137).
(c) No member of this Department who is under investigation shall be subjected to media
visits or interviews without the consent of the involved employee.
(d) Media interviews with individuals who are in custody shall not be permitted without the
approval of the Chief of Police and the express consent of the person in custody.
A tactical operation should be handled in the same manner as a crime scene, except the news
media should be permitted within the outer perimeter of the scene, subject to any restrictions
as determined by the supervisor in charge. Department members shall not jeopardize a tactical
operation in order to accommodate the news media. All comments to the media shall be
coordinated through a supervisor or the Public Information Officer.
324.3.1 PROVIDING ADVANCE INFORMATION
To protect the safety and rights of officers and other persons, advance information about planned
actions by law enforcement personnel, such as movement of persons in custody or the execution
of an arrest or search warrant, should not be disclosed to the news media, nor should media
representatives be invited to be present at such actions except with the prior approval of the Chief
of Police.
Any exceptions to the above should only be considered for the furtherance of legitimate law
enforcement purposes. Prior to approving any exception the Chief of Police will consider, at
minimum, whether the release of information or presence of the media would unreasonably
endanger any individual, prejudice the rights of any person or is otherwise prohibited by law.
324.4 SCOPE OF INFORMATION SUBJECT TO RELEASE
The Department will maintain a log or appropriate record of significant law enforcement activities
that shall be made available, upon request, to media representatives. When requested, additional
information may be made available (RCW 42.56.070(1)). This log will generally contain the
following information:
(a) The date, time, location, case number, type of crime, extent of injury or loss and names
of individuals (except confidential informants) involved in crimes occurring within this
jurisdiction unless the release of such information would endanger the safety of any
individual or jeopardize the successful completion of any ongoing investigation.
(b) The date, time, location, case number, name, birth date and charges for each person
arrested by this department unless the release of such information would endanger
the safety of any individual or jeopardize the successful completion of any ongoing
investigation.
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(c) The time and location of other significant law enforcement activities or requests for
service with a brief summary of the incident subject to the restrictions of this policy
and applicable law.
Identifying information concerning deceased individuals shall not be released to the media until
notification of next of kin or otherwise cleared through the Coroner's Office.
Any requests for copies of related reports or additional information not contained in this log shall
be referred to the designated department Public Records Officer. Such requests will generally be
processed in accordance with the provisions of the Public Records Act (RCW Chapter 42.56.001
et seq.).
324.4.1 RESTRICTED INFORMATION
It shall be the responsibility of the authorized employee dealing with media requests to ensure
that restricted information is not inappropriately released to the media by this department (see the
Records Maintenance and Release and Personnel Files policies). When in doubt, authorized and
available legal counsel should be obtained.
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Subpoenas and Court Appearances
325.1 PURPOSE AND SCOPE
This policy establishes the guidelines for department members who must appear in court. It will
allow the Port Orchard Police Department to cover any related work absences and keep the
Department informed about relevant legal matters.
325.2 POLICY
Port Orchard Police Department members will respond appropriately to all subpoenas and any
other court -ordered appearances.
325.3 SUBPOENAS
Only department members authorized to receive a subpoena on behalf of this department or any
of its members may do so.
A subpoena may be served upon a member by personal service or by leaving such copy at the
place of his/her residence (Civil Rules, CR 45; Civil Rules, CRLJ 45; Criminal Rules, CrRLJ 4.8;
Criminal Rules, CrR 4.8).
Criminal subpoenas may also be served upon a member by first-class mail in a limited criminal
matter. A criminal subpoena in Superior Court may be served by first-class mail together with a
waiver of personal service and instructions for returning such waiver to complete service (Criminal
Rules, CrRLJ 4.8; Criminal Rules, CrR 4.8).
325.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of
or at the request of any party other than the City Attorney or the prosecutor shall notify his/her
immediate supervisor without delay regarding:
(a) Any civil case where the City or one of its members, as a result of his/her official
capacity, is a party.
(b) Any civil case where any other city, county, state or federal unit of government or a
member of any such unit of government, as a result of his/her official capacity, is a
party.
(c) Any criminal proceeding where the member is called to testify or provide information
on behalf of the defense.
(d) Any civil action stemming from the member's on -duty activity or because of his/her
association with the Port Orchard Police Department.
(e) Any personnel or disciplinary matter when called to testify or to provide information by
a government entity other than the Port Orchard Police Department.
The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as
may be indicated by the case. The Chief of Police should determine if additional legal support
is necessary.
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No member shall be retaliated against for testifying in any matter.
325.3.2 CIVIL SUBPOENA
The Department will compensate members who appear in their official capacities on civil matters
arising out of their official duties, as directed by the current memorandum of understanding or
collective bargaining agreement.
The Department should seek reimbursement for the member's compensation through the civil
attorney of record who subpoenaed the member.
325.3.3 OFF -DUTY RELATED SUBPOENAS
Members receiving valid subpoenas for off -duty actions not related to their employment or
appointment will not be compensated for their appearance. Arrangements for time off shall be
coordinated through their immediate supervisors.
325.4 FAILURE TO APPEAR
Any member who fails to comply with the terms of any properly served subpoena or court -ordered
appearance may be subject to discipline. This includes properly served orders to appear that were
issued by a state administrative agency.
325.5 STANDBY
To facilitate standby agreements, members are required to provide and maintain current
information on their addresses and contact telephone numbers with the Department.
If a member on standby changes his/her location during the day, the member shall notify the
designated department member of how he/she can be reached. Members are required to remain
on standby until released by the court or the party that issued the subpoena.
325.6 COURTROOM PROTOCOL
When appearing in court, members shall:
(a) Be punctual when appearing in court and prepared to proceed immediately with the
case for which they are scheduled to appear.
(b) Dress in the department uniform or business attire.
(c) Observe all rules of the court in which they are appearing and remain alert to changes
in the assigned courtroom where their matter is to be heard.
325.6.1 TESTIMONY
Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and
become familiar with the content in order to be prepared for court.
325.7 OVERTIME APPEARANCES
When a member appears in court on his/her off -duty time, he/she will be compensated in
accordance with the current memorandum of understanding or collective bargaining agreement.
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Reserve Officers
326.1 PURPOSE AND SCOPE
The Port Orchard Police Department Reserve Unit was established to supplement and assist
regular sworn police officers in their duties. This unit provides professional, sworn volunteer
reserve officers who can augment regular staffing levels.
326.1.1 DEFINITIONS
Definitions related to this policy include:
Reserve officer— An individual who does not serve as a regularly employed, fully compensated
officer but is fully commissioned on the same basis as regularly employed, fully compensated
officers to enforce the criminal laws of this state when called into active service by the Department
(RCW 43.101.010).
326.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS
The Port Orchard Police Department shall endeavor to recruit and appoint to the Reserve Unit
only those applicants who meet the high ethical, moral and professional standards set forth by
this department.
326.2.1 PROCEDURE
All applicants shall be required to meet and pass the same pre -employment procedures as regular
police officers before appointment (RCW 43.101.095).
Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the
process of completing, a CJTC approved basic academy or reserve academy (WAC 139-05-810).
326.2.2 APPOINTMENT
Applicants who are selected for appointment to the Police Reserve Unit shall, on the
recommendation of the Chief of Police, be sworn in by the Chief of Police and take a loyalty oath to
observe and obey all of the laws of the land and to carry out their duties to the best of their ability.
The Port Orchard Police Department shall immediately notify the CJTC of appointments on a
CJTC personnel action report form (WAC 139-05-810).
326.2.3 POLICE RESERVE OFFICER UNIFORM AND EQUIPMENT
Reserve officers shall conform to all uniform regulation and appearance standards of the
department. Reserve officers are to be equipped as like officers performing the same job functions.
All uniforms and equipment furnished to Reserve Officers by the department remain the property
of the department upon termination or resignation. All property shall be returned to the Reserve
Coordinator.
326.2.4 EMPLOYEES WORKING AS RESERVE OFFICERS
Qualified employees of this department, when authorized, may also serve as reserve officers.
However, the Department must not utilize the services of a reserve or volunteer in such a way that it
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would violate employment laws or labor agreements (e.g., a detention officer working as a reserve
officer for reduced or no pay). Therefore, the Reserve Coordinator should consult the Human
Resources prior to an employee serving in a reserve or volunteer capacity (29 CFR 553.30).
326.3 DUTIES OF RESERVE OFFICERS
Reserve officers assist regular officers in the enforcement of laws and in maintaining peace
and order within the community. Assignments of reserve officers will usually be to augment the
Operations Division. Reserve officers may be assigned to other areas within the Department as
needed. Reserve officers are required to work a minimum of 20 hours per month in a patrol
response capacity. Special assignments and events may only count towards that total with written
permission from the Chief of Police. Failure to meet minimum monthly hours may lead to discipline
to include removal from the Reserve Unit.
326.3.1 POLICY COMPLIANCE
Police reserve officers shall be required to adhere to all department policies and procedures.
A copy of the policies and procedures will be made available to each reserve officer upon
appointment and he/she shall become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this manual refers to a sworn regular full-time officer,
it shall also apply to a sworn reserve officer unless by its nature it is inapplicable.
326.3.2 RESERVE OFFICERS ASSIGNMENTS
All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee.
Full-time officers are not required to take reserve officers on shift if they do not desire.
The Reserve Coordinator will notify reserve officers when mandatory duty hours are required.
Mandatory duty hours may be required for special events or other scheduled mandatory training.
Reserve officers are not authorized to ride or work with other agencies without prior written
approval from the Reserve Coordinator.
326.3.3 RESERVE COORDINATOR
The Chief of Police shall delegate the responsibility for administering the Reserve Officer Program
to a Reserve Coordinator.
The Reserve Coordinator shall have the responsibility of, but not be limited to:
(a) Assignment of reserve personnel.
(b) Conducting reserve meetings.
(c) Establishing and maintaining a reserve call -out roster.
(d) Maintaining and ensuring performance evaluations are completed.
(e) Monitoring individual reserve officer performance.
(f) Monitoring the overall Reserve Program.
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(g) Maintaining liaison with other agency Reserve Coordinators.
326.4 FIELD TRAINING
326.4.1 TRAINING OFFICERS
Officers of this department, who demonstrate a desire and ability to train reserve officers, may
train the reserves during Phase 11, subject to Shift Supervisor approval.
326.4.2 PRIMARY TRAINING OFFICER
Upon completion of the Academy, reserve officers will be assigned to a primary training officer.
The primary training officer will be selected from members of the Field Training Officer (FTO)
Committee. The reserve officer will be assigned to work with his/her primary training officer during
the first 160 hours of training. This time shall be known as the Primary Training Phase.
326.4.3 FIELD TRAINING MANUAL
Each new reserve officer will be issued a Field Training Manual at the beginning of his/her Primary
Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly
function as an officer with the Port Orchard Police Department. The reserve officer shall become
knowledgeable of the subject matter as outlined. He/she shall also become proficient with those
skills as set forth in the manual.
326.4.4 COMPLETION OF THE PRIMARY TRAINING PHASE
At the completion of the Primary Training Phase, (Phase 1) the primary training officer will meet
with the Reserve Coordinator. The purpose of this meeting is to discuss the progress of the reserve
officer in training.
If the reserve officer has progressed satisfactorily, he/she will then proceed to Phase II of the
training. If he/she has not progressed satisfactorily, the Reserve Coordinator will determine the
appropriate action to be taken.
326.4.5 SECONDARY TRAINING PHASE
The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on -duty training.
The reserve officer will no longer be required to ride with his/her primary training officer. The
reserve officer may now ride with any officer designated by the Shift Supervisor.
During Phase II of training, as with Phase I, the reserve officer's performance will be closely
monitored. In addition, rapid progress should continue towards the completion of the Officer's Field
Training Manual. At the completion of Phase II of training, the reserve officer will return to his/her
primary training officer for Phase I II of the training.
326.4.6 THIRD TRAINING PHASE
Phase III of training shall consist of 24 hours of additional on -duty training. For this training phase,
the reserve officer will return to his/her original primary training officer. During this phase, the
training officer will evaluate the reserve officer for suitability to graduate from the formal training
program.
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At the completion of Phase III training, the primary training officer will meet with the Reserve
Coordinator. Based upon the reserve officer's evaluations, plus input from the primary training
officer, the Reserve Coordinator shall decide if the reserve officer has satisfactorily completed his/
her formal training. If the reserve officer has progressed satisfactorily, he/she will then graduate
from the formal training process. If his/her progress is not satisfactory, the Reserve Coordinator
will decide upon the appropriate action to be taken.
326.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS
When a reserve officer has satisfactorily completed all three phases of formal training, he/she will
have had a minimum of 284 hours of on -duty training. He/she will no longer be required to ride
with a reserve training officer. The reserve officer may now be assigned to ride with any officer
for the remaining 200-hour requirement for a total of 484 hours before being considered for relief
of immediate supervision.
326.4.8 IN-SERVICE TRAINING
All reserve officers will successfully complete an annual in-service training program of no less
than 24 hours, which shall begin on Jan. 1 of the calendar year following appointment (WAC
139-05-300).
Reserve officers must attend and successfully complete all annual training mandated to the fully
commissioned officers of the Port Orchard Police Department.
326.5 SUPERVISION OF RESERVE OFFICERS
Reserve officers shall be under the immediate supervision of a regular sworn officer. The
immediate supervision requirement shall continue for reserve officers unless special authorization
is received from the Reserve Coordinator with the approval of the Operations Deputy Chief.
326.5.1 SPECIAL AUTHORIZATION REQUIREMENTS
Reserve officers may, with prior authorization of the Reserve Coordinator and on approval of the
Deputy Chief, be relieved of the immediate supervision requirement. In the absence of the Reserve
Coordinator and the Operations Deputy Chief, the Shift Supervisor may assign a certified reserve
officer to function without immediate supervision for specific purposes and duration.
326.5.2 RESERVE OFFICER MEETINGS
All reserve officer meetings will be scheduled and conducted by the Reserve Coordinator. All
reserve officers are required to attend scheduled meetings. Any absences must be satisfactorily
explained to the Reserve Coordinator.
326.5.3 IDENTIFICATION OF RESERVE OFFICERS
All reserve officers will be issued a uniform badge and a Department identification card. The
uniform badge shall be the same as that worn by a regular full-time officer. The identification card
will be the standard identification card with the exception that "Reserve" will be indicated on the
card.
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326.5.4 UNIFORM
Reserve officers shall conform to all uniform regulation and appearance standards of this
department.
326.5.5 INVESTIGATIONS AND COMPLAINTS
If a reserve officer has a complaint made against him/her or becomes involved in an internal
investigation, that complaint or internal investigation may be investigated by the Reserve
Coordinator, at the discretion of the Operations Deputy Chief.
Reserve officers are considered at -will employees with the exception that the right to a hearing is
limited to the opportunity to clear their name.
Any disciplinary action that may have to be administered to a reserve officer shall be accomplished
as outlined in the Policy Manual. The decision of the Chief of Police shall be final and binding.
Reserve officers have no vested employment rights.
326.5.6 RESERVE OFFICER EVALUATIONS
While in training reserves will be continuously evaluated using standardized daily and weekly
observation reports. The reserve will be considered a trainee until all of the training phases have
been completed. Reserves having completed their field training will be evaluated annually using
performance dimensions applicable to the duties and authorities granted to that reserve.
326.6 FIREARMS REQUIREMENTS
326.6.1 CARRYING WEAPON ON DUTY
It is the policy of this department to allow reserves to carry firearms only while on duty or to and
from duty.
326.6.2 CONCEALED PISTOL PROHIBITED
No reserve officer will be permitted to carry a concealed pistol while in an off -duty capacity,
other than to and from work, except those reserve officers who possess a valid Concealed Pistol
License. Reserve officers are also reminded that they have no police authority when in an off
duty status and are not in uniform. An instance may arise where a reserve officer is assigned to
a plainclothes detail for his/her assigned tour of duty. Under these circumstances, the reserve
officer may be permitted to carry a pistol more suited to the assignment with the knowledge and
approval of the supervisor in charge of the detail.
Any reserve officer who is permitted to carry a firearm other than the assigned duty weapon may
do so only after verifying that the weapon conforms to department standards. The weapon must be
registered by the reserve officer and be inspected and certified as fit for service by the department
armorer.
Before being allowed to carry any optional firearm during an assigned tour of duty, the reserve
officer shall have demonstrated his/her proficiency with said weapon.
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When a reserve officer has satisfactorily completed all three phases of training (as outlined in
FIELD TRAINING), he/she may be issued a permit to carry a concealed weapon. The decision to
issue a concealed weapon permit will be made by the Chief of Police with input from the Reserve
Program Coordinator and administrative staff. In issuing a concealed weapon permit a reserve
officer's qualification will be individually judged. A reserve officer's dedication to the program and
demonstrated maturity, among other factors, will be considered before a concealed weapon permit
will be issued. Once issued, the concealed weapon permit will be valid only for as long as the
reserve officer remains in good standing with the Port Orchard Police Department Reserve Officer
Program.
326.6.3 RESERVE OFFICER FIREARM TRAINING
All reserve officers are required to maintain proficiency with firearms used in the course of their
assignments. Reserve officers shall comply with all areas of the firearms training section of the
Policy Manual.
326.7 EMERGENCY CALL -OUT FOR RESERVE PERSONNEL
The Reserve Coordinator shall develop a plan outlining an emergency call -out procedure for
reserve personnel.
326.8 LEAVE OF ABSENCE
At the discretion of the Chief of Police, reserve officers may be granted a leave of absence from
the monthly patrol hour requirement. Reserve officers granted a leave of absence must complete
all necessary training to maintain certified status through the CJTC.
Reserve officers granted a leave of absence longer than 90 days must successfully qualify, and
demonstrate skill and proficiency, with all firearms and less lethal tools before being deployed in
a uniformed patrol capacity. As determined by the FTO Coordinator and approved by the Chief
of Police, returning reserve officers may also be required to complete a modified field training
program.
326.9 TERMINATION OF RESERVE OFFICER
If a reserve officer is terminated for any reason, including resignation, the Port Orchard Police
Department shall notify the CJTC on a CJTC personnel action form within 15 days of the
termination (WAC 139-05-810).
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Outside Agency Assistance
327.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members when requesting or responding to
a request for mutual aid or when assisting another law enforcement agency.
327.1.1 SELF -DEPLOYMENT
Self -deployment is the well-intentioned response by emergency personnel to major crimes,
incidents, or natural disasters without being requested by the responsible jurisdiction. Un-
requested units at major incidents can cause significant problems, including:
• Disruption.
• Resources wasted on managing unrequested personnel.
• Individuals unaware of the overall plan.
• Duplication of effort.
• Freelance efforts in conflict with operational plans.
• Self -initiated actions unreported to the Incident Commander.
• Lack of deconfliction.
• Depleted reserve resources that may be needed to provide continued services.
When a neighboring jurisdiction experiences a major incident (i.e. homicide, officer -involved
shooting, natural disaster), the listed actions should be followed:
(a) Supervisors should immediately and affirmatively control Port Orchard Police
Department personnel to prevent self -deployment activity.
(b) Supervisors should offer assistance to the jurisdiction where the incident occurred.
(c) Port Orchard Police Department personnel should not respond to the scene unless
requested or dispatched.
(d) Once assistance is requested, members should respond to the command post or other
designated assembly location unless the on -scene commander directs otherwise.
(e) Once at the scene, members are subject to the direction and control of the Incident
Commander.
327.2 POLICY
It is the policy of the Port Orchard Police Department to promptly respond to requests for
assistance by other law enforcement agencies, subject to available resources and consistent with
the applicable laws and policies of this department.
327.3 WASHINGTON MUTUAL AID PEACE OFFICERS POWERS ACT
As a general authority Washington law enforcement agency, the City o fPort Orchard is authorized
to commission its police so they may enforce the laws of the State of Washington and the
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ordinances of the City of Port Orchard. The Act of 1985 extends the authority to enforce State law
throughout the State of Washington to all fully -commissioned officers of a general authority law
enforcement agency under specific conditions.
Under RCW 10.93.070, a general authority Washington peace officer who possesses a certificate
of basic law enforcement training or a certificate of equivalency or has been exempted from the
requirement therefor by the Washington State Criminal Justice Training Commission may enforce
the traffic or criminal laws of this state throughout the territorial bounds of this state, under the
following enumerated circumstances:
(a) Upon the priorwritten consent of the sheriff or chief of police in whose primary territorial
jurisdiction the exercise of the powers occurs;
(b) In response to an emergency involving an immediate threat to human life or property;
(c) In response to a request for assistance pursuant to a mutual law enforcement
assistance agreement with the agency of primary territorial jurisdiction or in response
to the request of a peace officer with enforcement authority;
(d) When the officer is transporting a prisoner;
(e) When the officer is executing an arrest warrant or search warrant; or,
(f) When the officer is in fresh pursuit, as defined in RCW 10.93.120.
Officers are required to document every time they exercise any authority under the Act outside
the City of Port Orchard. As appropriate, this can include a text entry into CAD up to a full incident
report.
Nothing in the Act requires action by a commissioned officer.
327.4 CONCURRENT JURISDICTION
Concurrent jurisdiction exists between the Port Orchard Police Department and the Washington
State Patrol regarding State Highways that exist within the City of Port Orchard.
327.5 TASK FORCES
Any task forces or interagency agreements entered into by the Port Orchard Police Department will
be governed by a written agreement which addresses operation objectives, control, participation
levels, participation qualifications, and personnel policies of all agencies involved.
327.6 ASSISTING OUTSIDE AGENCIES
Generally, requests for any type of assistance from another agency should be routed to the Shift
Supervisor's office for approval. In some instances, a mutual aid agreement or other established
protocol may exist that eliminates the need for approval of individual requests.
When another law enforcement agency requests assistance from this department, the Shift
Supervisor may authorize, if available, an appropriate number of personnel to assist. Members
are reminded that their actions when rendering assistance must conform with applicable laws and
be consistent with the policies of this department.
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Officers may respond to a request for emergency assistance, however, they shall notify a
supervisor of their activity as soon as practicable.
Arrestees may be temporarily detained by this department until arrangements for transportation
are made by the outside agency. Only in exceptional circumstances, and subject to supervisor
approval, will this department provide transportation of arrestees to other facilities on behalf of
another agency.
When transportation assistance is rendered, a report shall be prepared and submitted by the
handling member unless otherwise directed by a supervisor.
327.6.1 INITIATED ACTIVITY
Any on -duty officer who engages in law enforcement activities of any type that are not part of a
mutual aid request and take place outside the jurisdiction of the Port Orchard Police Department
shall notify his/her supervisor or the Shift Supervisor and Kitsap 911 as soon as practicable. This
requirement does not apply to special enforcement details or multi -agency units that regularly
work in multiple jurisdictions.
327.7 REQUESTING OUTSIDE ASSISTANCE
If assistance is needed from another agency, the member requesting assistance should, if
practicable, first notify a supervisor. The handling member or supervisor should direct assisting
personnel to where they are needed and to whom they should report when they arrive.
The requesting member should arrange for appropriate radio communication capabilities, if
necessary and available, so that communication can be coordinated between assisting personnel.
327.8 REPORTING REQUIREMENTS
Incidents of outside assistance or law enforcement activities that are not documented in a crime
report shall be documented in a general case report or as directed by the Shift Supervisor.
327.9 MANDATORY SHARING
Equipment and supplies purchased with federal funds or grants that require such equipment and
supplies be shared with other agencies should be documented and updated as necessary by the
Administrative Services Deputy Chief or the authorized designee.
The documentation should include:
(a) The conditions relative to sharing.
(b) The training requirements for:
1. The use of the supplies and equipment.
2. The members trained in the use of the supplies and equipment.
(c) Any other requirements for use of the equipment and supplies.
Copies of the documentation should be provided to Kitsap 911 and the Shift Supervisor to ensure
use of the equipment and supplies is in compliance with the applicable sharing agreements.
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The Deputy Chief should maintain documentation that the appropriate members have received
the required training.
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Registered Offender Information
328.1 PURPOSE AND SCOPE
This policy establishes guidelines by which the Port Orchard Police Department will address issues
associated with certain offenders who are residing in the jurisdiction and how the Department will
disseminate information and respond to public inquiries for information about registered offenders.
328.2 POLICY
It is the policy of the Port Orchard Police Department to identify and monitor registered offenders
living within this jurisdiction and to take reasonable steps to address the risks those persons may
pose.
328.3 REGISTRATION
Sex offenders seeking to register should be directed to the Kitsap County Sheriffs Office.
328.4 MONITORING OF REGISTERED OFFENDERS
The Department should establish a system to periodically, and at least once annually, verify that a
registrant remains in compliance with his/her registration requirements after the initial registration.
This verification should include, as applicable:
(a) Efforts to confirm residence using an unobtrusive method, such as an Internet search,
drive -by of the declared residence or address verification under RCW 9A.44.135.
(a) When notice is received that a sex offender is moving outside the jurisdiction
of the Port Orchard Police Department, the Sheriff is responsible for address
verification until the registrant completes registration with a new residential
address (RCW 9A.44.130(5)).
(b) Review of information on the WASPC Sex Offender Information website.
(c) Contact with a registrant's community correction officer.
(d) Review any available Washington State database of felony firearm offenders.
Any discrepancies with sex/kidnapping offenders should be reported to ACCESS (A Central
Computerized Enforcement Service System), which is administered by WSP, and, in the case of
sex offenders only, to WASPC.
The Department should also establish a procedure to routinely disseminate information regarding
registered offenders to Port Orchard Police Department personnel, including timely updates
regarding new or relocated registrants.
328.5 DISSEMINATION OF PUBLIC INFORMATION
Members will not unilaterally make a public notification advising the community of a particular
sex/kidnapping registrant's presence in the community. Members who identify a significant risk or
other public safety issue associated with a sex/kidnapping registrant should promptly advise their
supervisor. The supervisor should evaluate the request and forward the information to the Chief
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of Police if warranted. A determination will be made by the Chief of Police, with the assistance of
legal counsel as necessary, whether such a public alert should be made.
Members of the public requesting information on sex/kidnapping registrants should be provided
the WASPC Sex Offender Information website or the Port Orchard Police Department's website.
The Police Services Coordinator shall release local sex/kidnapping registered offender information
to residents in accordance with RCW 4.24.550 and in compliance with a request under the Public
Records Act (RCW 42.56.001 et seq.).
Information pertaining to felony firearm offenders should not be disseminated to the public. All
inquiries should be referred to WSP.
328.5.1 RELEASE NOTIFICATIONS FOR SEX OR KIDNAPPING OFFENDERS
Registrant information that is released should include notification that:
(a) The offender registry includes only those persons who have been required by law to
register and who are in compliance with the offender registration laws.
(b) The information is provided as a public service and may not be current or accurate.
(c) Persons should not rely solely on the offender registry as a safeguard against offenses
in their communities.
(d) The crime for which a person is convicted may not accurately reflect the level of risk.
(e) Anyone who uses information contained in the registry to harass registrants or commit
any crime may be subject to criminal prosecution.
(f) The Port Orchard Police Department has no authority to direct where an offender may
live.
328.5.2 MANDATORY NOTIFICATION
The Administrative Services Deputy Chief shall ensure that:
(a) A public notification is made for sex offenders who are classified as Risk Level II I and
who register in the County. The notice shall conform to the guidelines established in
RCW 4.24.5501.
(b) All information on sex/kidnapping offenders registered in the County is regularly
updated and posted on the WASPC Sex Offender Information website (RCW
4.24.550(5)).
328.5.3 DISCRETIONARY DISSEMINATION FOR SEX OFFENDERS
Dissemination should be predicated upon the levels detailed below (RCW 4.24.550(3)):
(a) Offenders classified as Risk Level I: The Department may disclose, upon request,
relevant, necessary and accurate information to any victim or witness to the offense
and to any individual community member who lives near the residence where the sex
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offender resides, expects to reside or is regularly found, and to any individual who
requests information regarding a specific offender.
(b) Offenders classified as Risk Level II: In addition to the dissemination for Level I, the
Department may also disclose relevant, necessary and accurate information to public
and private schools, child day care centers, family day care providers, public libraries,
businesses and organizations that serve primarily children, women or vulnerable
adults, and neighbors and community groups near the residence where the sex
offender resides, expects to reside or is regularly found.
(c) Offenders classified as Risk Level III: In addition to the dissemination of Level I
and Level II, the Department may also disclose relevant, necessary and accurate
information to the public at large.
(d) Homeless and transient sex offenders may present unique risks to the community
due to the impracticality of localized notification. The Department may also disclose
relevant, necessary and accurate information to the public at large for sex offenders
registered as homeless or transient.
328.5.4 SCHOOL NOTIFICATIONS
The Sheriff has the responsibility of notifying the appropriate person at a school or other
educational institution as set forth in RCW 9A.44.138 of any sex/kidnapping offender who attends
or is employed there, and for providing the following information about the offender:
• Name
• Complete residential address
• Date and place of birth
• Place of employment
• Crime for which the person has been convicted
• Date and place of conviction
• Aliases
• Photograph
• Risk level classification
328.6 SEX OFFENDER RISK ASSESSMENT
The Kitsap County Sheriff's Office is responsible for establishing a procedure to review and
assign an initial risk level classification of sex offenders who have moved or are released into
this jurisdiction and the risk assessment level has not already been assigned by the Washington
Department of Corrections. That procedure shall address (RCW 4.24.550(6)):
• The circumstances under which the Port Orchard Police Department is authorized to
assign its own risk level.
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• Risk level classification criteria.
• What risk assessment tools may be used and how such tools are scored.
• Assessment of known aggravating or mitigating factors related to the risk posed by
the offender to the community.
• Notification process following a change in the risk level classification.
• The process for an offender to petition for review of the risk level classification.
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Major Incident Notification
329.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of this department in determining
when, how and to whom notification of major incidents should be made.
329.2 POLICY
The Port Orchard Police Department recognizes that certain incidents should be brought to the
attention of supervisors or other specified personnel of this department to facilitate the coordination
of activities and ensure that inquiries from the media and the public may be properly addressed.
329.3 MINIMUM CRITERIA FOR NOTIFICATION
Most situations where the media show a strong interest are also of interest to the Chief of Police
and the Deputy Chiefs. The following list of incident types is provided as a guide for notification
and is not intended to be all-inclusive:
• Homicides.
• Traffic accidents with fatalities.
• Officer -involved shooting on- or off -duty (See the Use of Deadly Force and In -Custody
Deaths Policy for special notifications).
• Significant injury or death to an employee on- or off -duty.
• Use of force resulting in an injury that requires immediate medical attention to an
officer or suspect.
• Death of a prominent Port Orchard official.
• Arrest of a Department employee, department arrest of a City of Port Orchard
employee, or prominent Port Orchard official.
• Aircraft crash with major damage and/or injury or death.
• In -custody deaths.
• Barricaded suspects, snipers, or hostage situations.
• Unusual occurrences such as major fires, explosions, widespread utility interruption,
or other significant damage resulting from man-made or natural causes.
• Kidnapping.
• Major activity of another law enforcement agency in our jurisdiction.
• Bomb threat to the Police Station or City Hall where an actual device is found. Any
actual explosion, any bombing, or sabotage.
• Critical missing persons or any missing person rising to the level of a state alert
(Amber, Blue, Silver, Endangered Missing).
• Demonstrations.
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• Police vehicles involved in an accident with either injury to an officer, another party,
or major damage.
• Disciplinary action requiring relief from duty.
• Press release content involving major incidents or sensitive information.
• Any significant call -out of additional personnel.
• Any other situation where the on -duty supervisor wishes immediate consultation with
the Chief of Police and the on-callDeputy Chief.
329.4 SHIFT SUPERVISOR RESPONSIBILITY
The Shift Supervisor is responsible for making the appropriate notifications. The Shift Supervisor
shall make reasonable attempts to obtain as much information on the incident as possible before
notification. The Shift Supervisor shall attempt to make the notifications as soon as practical.
Notification should be made to the on -call Deputy Chief by using the department -issued cell phone
number first and then any additional contact numbers supplied. If the on -call Deputy Chief cannot
be reached, the supervisor should contact the Chief of Police.
If no sergeant is on -duty, the highest ranking officer currently on -duty is responsible for making
all notifications.
329.4.1 DETECTIVE NOTIFICATION
If the incident requires that a detective respond from home, the General General Investigations
Unit Sergeant shall be contacted who will then contact the appropriate detective.
329.4.2 PUBLIC INFORMATION OFFICER (PIO)
The Public Information Officer shall be called after members of staff have been notified that it
appears the media may have a significant interest in the incident.
329.4.3 WHEN NO SUPERVISOR IS ON DUTY
If no sergeant is on duty, the highest-ranking officer currently on duty is responsible for making
all notifications. In addition, when there is no supervisor on duty, the ranking officer shall make a
notification to the on -call Deputy Chief any time one of the following events occurs:
• Any use of force.
• Any employee injury or exposure.
• Any collision involving a police vehicle.
• Any major in -progress crime.
• Any other time when supervisory support is necessary.
Once notification is made, the supervisor or on -call Deputy Chief will make a determination on
their response or if additional resources are needed.
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Death Investigation
330.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for situations where officers initially respond to
and investigate the circumstances of a deceased person.
Some causes of death may not be readily apparent and some cases differ substantially from
what they appear to be initially. The thoroughness of death investigations and use of appropriate
resources and evidence gathering techniques is critical.
330.2 POLICY
It is the policy of the Port Orchard Police Department to respond, document, and investigate
incidents where a person is deceased. Investigations involving the death of a person, including
those from natural causes, accidents, workplace incidents, suicide, and homicide, shall be
initiated, conducted, and properly documented.
330.3 INVESTIGATION CONSIDERATIONS
Emergency medical services shall be called in all suspected death cases unless death is obvious
(e.g., decapitated, decomposed).
A supervisor shall be notified as soon as possible to assist and provide appropriate personnel and
resources. The on -scene supervisor should determine whether follow-up investigation is required
and notify the General Investigations Unit supervisor as necessary. The Shift Supervisor will make
notification to command staff in accordance with the Major Incident Notification Policy.
330.3.1 MEDICAL EXAMINER JURISDICTION OVER REMAINS
The Medical Examiner has jurisdiction of bodies of all deceased persons who come to their death
suddenly in any of the following cases (RCW 68.50.010):
(a) When in apparent good health without medical attendance within the thirty-six hours
preceding death.
(b) Where the circumstances of death indicate death was caused by unnatural or unlawful
means.
(c) Where death occurs under suspicious circumstances.
(d) Where a Medical Examiner's autopsy or post mortem or Medical Examiner's inquest
is to be held.
(e) Where death results from unknown or obscure causes.
(f) Where death occurs within one year following an accident.
(g) Where the death is caused by any violence whatsoever.
(h) Where death results from a known or suspected abortion; whether self-induced or
otherwise.
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(i) Where death apparently results from drowning, hanging, burns, electrocution, gunshot
wounds, stabs or cuts, lightning, starvation, radiation, exposure, alcoholism, narcotics
or other addictions, tetanus, strangulations, suffocation or smothering.
Q) Where death is due to premature birth or still birth.
(k) Where death is due to a violent contagious disease or suspected contagious disease
which may be a public health hazard.
(1) Where death results from alleged rape, carnal knowledge or sodomy.
(m) Where death occurs in a jail or prison.
(n) Where a body is found dead or is not claimed by relatives or friends.
The body or human remains shall not be disturbed or moved from the position or place of death
without permission of the Medical Examiner (RCW 68.50.050).
330.3.2 UNIDENTIFIED DEAD BODIES
If the identity of a dead body cannot be established after the Medical Exam inerarrives, the Medical
Examiner's office will issue a unique identifying number for the body. The number shall be included
in any report.
330.3.3 DEATH INVESTIGATION REPORTING
All incidents involving a death shall be documented in a case report. Officers will also complete
a Death Scene Checklist.
330.3.4 SUSPECTED HOMICIDE
If the initially assigned officer suspects that the death involves a homicide or other suspicious
circumstances, the Supervisor and Administrative Deputy Chief shall be notified to determine the
possible need for a detective to respond to the scene for further immediate investigation.
330.3.5 INDIGENOUS PERSONS
Upon knowledge that the remains are of an indigenous person, officers shall attempt to identify and
contact, as soon as practicable, family members and any affected tribes, tribal organizations, and
communities prior to removal or disturbance of the remains, except where deemed necessary by
the Medical Examiner and officers in the interest of safety or to preserve evidence for any ongoing
criminal investigation. Efforts shall include attempts to facilitate contact through the regional liaison
for missing and murdered indigenous persons pursuant to RCW 43.43.874 within 10 days of the
Medical Examiner having jurisdiction over the remains (RCW 68.50.325).
The lead investigator in cooperation with the Medical Examiner shall provide the family member
or representative of a list that contains any prohibited conduct when interacting with the remains
including an explanation of why the conduct is prohibited. Additionally, any practices or ceremonies
related to the remains by the family or representative require proper authorization by the Medical
Examiner and the lead investigator while the remains are under the jurisdiction of the Medical
Examiner (RCW 68.50.325).
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330.3.6 EMPLOYMENT -RELATED DEATHS OR INJURIES
Any member of this department who responds to and determines that a death, serious illness,
or serious injury has occurred as a result of an accident at or in connection with the victim's
employment should ensure that the regional Washington Division of Occupational Safety and
Health (DOSH) office is notified of all pertinent information.
330.4 ATTENDED DEATH INVESTIGATIONS
An attended death results directly from an illness which has been diagnosed and is actively being
treated or attended to by a physician. The patient is under the care of the medical staff of a hospital,
hospice, hospice trained relatives, or a nursing home. After confirming a death was an attended
death and that the Medical Examinerhas been notified, no further action needs to be taken.
330.5 SUSPICIOUS DEATH OR HOMICIDE INVESTIGATIONS
When deaths come to the Department's attention which are suspicious, unusual, or involve
unnatural circumstances, the General Investigations Unit supervisor shall be notified. This
includes situations when there is evidence that will assist in identifying a suspect involved in the
distribution of the drugs associated with the overdose case or the death of a person under the
age of 18.
330.5.1 PATROL - INITIAL RESPONSE
(a) Check the scene for officer safety or other victims before beginning the investigation.
Enter and leave the scene by the same route. Do not walk through bloodstains or
disturb other evidence.
(b) Unless death is obvious at the time the first officer arrives at the scene, all appropriate
aid shall be given. If there is a possibility the victim is alive, summon medical
assistance and use first -aid measures until help arrives.
(c) When the obvious signs of death are present, such as lividity, rigor mortis, or
putrefaction, do not touch the victim.
(d) Try to determine if medical personnel moved or disturbed anything. If anything was
disturbed, find out what was disturbed, when it was disturbed, why it was disturbed,
and who was involved.
(e) Record the names of the ambulance attendants present at the scene.
(f) If the victim is alive but circumstances indicate the victim is dying, obtain a dying
declaration if possible.
(g) If it is necessary to move the victim, note the exact position and location of the victim
prior to movement.
(h) Nothing in the area should be touched or disturbed in any way unless required in
giving aid to the victim. If the items must be moved, a report documenting this must
be completed.
(i) Clear the immediate scene of all possible suspects, additional victims, and witnesses
present. Move them outside the death scene and separate them, so they can be
debriefed after the scene is secure at the earliest opportunity.
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(j) Do not touch, move, or alter anything in the crime scene. If you do, make investigators
aware of those things when they arrive.
(k) Do not touch any weapons except in cases where officer safety is an issue. If there is
no alternative and a weapon must be moved, do not unload or disassemble it. Handle
it so as not to destroy any latent prints or other evidence.
(1) Don't smoke in the crime scene.
(m) Don't use toilet facilities, phones, appliances, sinks or anything else in the crime scene.
(n) Record the names, addresses, dates of birth, and telephone numbers of anyone at the
crime scene. Isolate and separate witnesses or suspects if possible. Hold witnesses
and suspects for detectives.
(o) After death has been established, all personnel will withdraw from the scene.
(p) A list of all persons who entered the crime scene will be completed and submitted to
the investigator in charge of the scene.
(q) Secure the crime scene with barricade tape. A wide area at and adjacent to the
actual scene should be protected. Clear the largest area possible. The scene can be
narrowed later. This should include, if possible, any portion of the surrounding area
over or through which a suspect may have passed en route to or leaving the crime
scene. Note any visible evidence and take additional measures to protect that specific
location, particularly if the potential evidence is exposed to the elements and/or outside
of the perimeter identified as the crime scene.
(r) Post an officer to secure the scene. Additional officers, ropes, barricades, and signs
should be utilized as needed.
(s) A crime scene log should be initiated, recording those persons who enter within
the barricade tape area. No one except crime scene personnel, the coroner, and
detectives should be allowed entry into the crime scene. (Safety issues may take
precedence.)
(t) Request additional units as needed to protect the scene, to transport witnesses,
suspects, etc.
(u) The responding officer or supervisor will notify the appropriate staff per the Major
Incident Notification policy.
(v) Stand by to assist investigators and provide them with any information you may have
collected since your arrival at the crime scene.
330.5.2 GENERAL INVESTIGATIONS UNIT - INITIAL RESPONSE
When detectives arrive on scene, they will obtain a briefing from on -scene officers. Once the
briefing is complete, the detectives assume responsibility for the investigation. Detectives may
use patrol personnel as needed and should keep the patrol supervisors updated on the progress
of the investigation.
A search warrant will be obtained in all homicide investigations unless the scene does not require
one. (Example: The scene is located where expectation of privacy is not a concern.) A prosecutor
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should be consulted on the decision to obtain, or not obtain, a warrant. Following the initial
withdrawal from the scene, no one should enter the scene until a search warrant has been issued
unless there is exigent justification and only after consideration of the effect warrantless entry
would have on the outcome of the case.
330.5.3 CRIME SCENE PROCESSING
(a) When the search warrant is received, detectives will assume responsibility for crime
scene security and for preservation, collection and processing all items of evidentiary
value.
(b) Only those necessary to the investigation will be allowed to enter the crime scene.
(c) The lead detective should allow other investigators to walk through the crime scene if
it is possible and there is no danger of evidence being destroyed.
(d) The lead detective at the scene may make a brief video of the scene to be used to
brief other detectives who will work the case.
(e) The body shall not be moved until the Medical Examinerhas arrived on the scene.
At that time the Medical Examinershall take charge of the body and the body will not
be disturbed at any point unless done so at the Medical Examiner's direction or by
theirpersonnel.
(f) Only the General Investigations Unit supervisor, or a supervisor familiar with the
investigation, will release the crime scene.
330.5.4 BIOLOGICAL HAZARDS
Personal protective equipment will be used in accordance with the Department's Communicable
Diseases policy. Officers may assist the Medical Examiner's office or funeral home in moving the
body but are not required to do so.
330.6 SUICIDES
This section assumes the victim is deceased. If there is a possibility that the victim is still alive,
immediately take necessary action while attempting to preserve the victim's life.
(a) If on -duty, a supervisor will respond to the scene along with the assigned patrol officer.
(b) Verify that the victim is deceased. If possible, control the number of medical personnel
on the scene.
(c) Do not move the victim. If the victim is found hanging do not cut down. If there is a
possibility that the victim is still living, cut above or below the knot.
(d) Examine the victim for obvious injuries or trauma.
(e) Conduct preliminary investigation. At this point take care to minimize scene
disturbance. Move only what is necessary for officer safety and investigative need.
(f) Interview anyone present at the scene that has information, i.e., next -of -kin medical
personnel.
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(g) The patrol supervisor should confer with the General Investigations Unit supervisor to
determine if a detective and/or crime scene investigator should respond.
(h) Complete a Death Scene Checklist along with an incident report.
330.7 UNIDENTIFIED DEAD BODY
If the identity of a dead body cannot be established, the handling officer will request from the
Medical Examiner a unique identifying number for the body. The number shall be included in any
report.
330.8 DEATH NOTIFICATION
When reasonably practicable, and if not handled by the Medical Examiner's Office, notification
to the next -of -kin of the deceased person shall be made, in person, by the officer assigned to
the incident. If the next -of -kin lives in another jurisdiction, a law enforcement official from that
jurisdiction shall be requested to make the personal notification.
If a deceased person has been identified as a missing person, this department shall attempt to
locate family members and inform them of the death and location of the deceased missing person's
remains. All efforts to locate and notify family members shall be recorded in appropriate reports.
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Identity Theft
331.1 PURPOSE AND SCOPE
Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This
policy is intended to provide guidelines for the reporting and investigation of such crimes.
331.2 REPORTING
This department will initiate an incident report whenever a person reasonably suspects that his/her
financial information or means of identification has been unlawfully obtained, used, or transferred
to another person or entity in all cases where the victim resides or works within this jurisdiction,
or where any part of the crime occurred within this jurisdiction. The employee receiving the report
will ensure that the complainant receives a copy of the incident report (RCW 9.35.050).
In cases where the reporting party does not reside or work within this jurisdiction and there is
no known or suspected criminal activity occurring within this jurisdiction the reporting party may
be referred to the appropriate law enforcement agency having jurisdiction. If it is not reasonably
practical for the reporting party to file a timely report with his/her home jurisdiction the receiving
employee should take a courtesy incident report to be forwarded to the agency having jurisdiction.
Reports should include all known incidents of fraudulent activity (e.g., credit card number applied
for in victim's name when the victim has never made such an application).
The employee preparing the report should also cross-reference all other known reports made by
the victim (e.g., US Secret Service, credit reporting bureaus, US Postal Service and DOL) with
all known report numbers.
Following supervisory review and departmental processing, the initial report should be forwarded
to the appropriate detective for follow up investigation, coordination with other agencies and
prosecution as circumstances dictate.
331.2.1 FINGERPRINTING
At the request of a victim, arrangements can be made to have their fingerprints taken by the
Administrative Services Division. There will be no cost to the victim. The victim should be provided
with a WSP Compromised Identity Claim (CIC) form to send to the Washington State Patrol, along
with the completed fingerprint card.
331.2.2 IDENTITY THEFT VICTIM INFORMATION BOOKLETS
Victims should be provided with an Identity Theft Victim Information booklet.
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Limited English Proficiency Services
332.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with limited
English proficiency (LEP) (42 USC § 2000d).
332.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the Department to
act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source
language) and orally converting it to another language (target language) while retaining the same
meaning.
Limited English proficient (LEP) - Any individual whose primary language is not English and
who has a limited ability to read, write, speak or understand English. These individuals may be
competent in certain types of communication (e.g., speaking or understanding) but still be LEP
for other purposes (e.g., reading or writing). Similarly, LEP designations are context -specific; an
individual may possess sufficient English language skills to function in one setting but these skills
may be insufficient in other situations.
Qualified bilingual member - A member of the Port Orchard Police Department, designated by
the Department, who has the ability to communicate fluently, directly and accurately in both English
and another language. Bilingual members may be fluent enough to communicate in a non-English
language but may not be sufficiently fluent to interpret or translate from one language into another.
Translate or translation - The replacement of written text from one language (source language)
into an equivalent written text (target language).
332.2 POLICY
It is the policy of the Port Orchard Police Department to reasonably ensure that LEP individuals
have meaningful access to law enforcement services, programs and activities, while not imposing
undue burdens on its members.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon national origin or any other protected interest or right.
332.3 LEP COORDINATOR
The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP
Coordinator shall be appointed by, and directly responsible to, the Administrative Services Deputy
Chief or the authorized designee.
The responsibilities of the LEP Coordinator include, but are not limited to:
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(a) Coordinating and implementing all aspects of the Port Orchard Police Department's
LEP services to LEP individuals.
(b) Developing procedures that will enable members to access LEP services, including
telephonic interpreters, and ensuring the procedures are available to all members.
(c) Ensuring that a list of all qualified bilingual members and authorized interpreters is
maintained and available to each Shift Supervisor and Dispatch Supervisor. The list
should include information regarding the following:
1. Languages spoken
2. Contact information
3. Availability
(d) Ensuring signage stating that interpreters are available free of charge to LEP
individuals is posted in appropriate areas and in the most commonly spoken
languages.
(e) Reviewing existing and newly developed documents to determine which are vital
documents and should be translated, and into which languages the documents should
be translated.
(f) Annually assessing demographic data and other resources, including contracted
language services utilization data and community -based organizations, to determine
if there are additional documents or languages that are appropriate for translation.
(g) Identifying standards and assessments to be used by the Department to qualify
individuals as qualified bilingual members or authorized interpreters.
(h) Periodically reviewing efforts of the Department in providing meaningful access
to LEP individuals, and, as appropriate, developing reports, new procedures, or
recommending modifications to this policy.
(i) Receiving and responding to complaints regarding department LEP services.
(j) Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to department
services, programs and activities.
332.4 FOUR -FACTOR ANALYSIS
Since there are many different languages that members could encounter, the Department will
utilize the four -factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to
Federal Financial Assistance Recipients, available at the DOJ website, to determine which
measures will provide meaningful access to its services and programs. It is recognized that law
enforcement contacts and circumstances will vary considerably. This analysis, therefore, must
remain flexible and will require an ongoing balance of four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be
encountered by department members, or who may benefit from programs or services
within the jurisdiction of the Department or a particular geographic area.
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(b) The frequency with which LEP individuals are likely to come in contact with department
members, programs or services.
(c) The nature and importance of the contact, program, information or service provided.
(d) The cost of providing LEP assistance and the resources available.
332.5 TYPES OF LEP ASSISTANCE AVAILABLE
Port Orchard Police Department members should never refuse service to an LEP individual who
is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a
condition for receiving assistance. The Department will make every reasonable effort to provide
meaningful and timely assistance to LEP individuals through a variety of services.
The Department will utilize all reasonably available tools, such as language identification cards,
when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept department -provided LEP services at no cost or they may
choose to provide their own.
Department -provided LEP services may include, but are not limited to, the assistance methods
described in this policy.
332.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely to
be encountered. The LEP Coordinator will arrange to make these translated documents available
to members and other appropriate individuals, as necessary.
332.7 AUDIO RECORDINGS
The Department may develop audio recordings of important or frequently requested information
in a language most likely to be understood by those LEP individuals who are representative of
the community being served.
332.8 QUALIFIED BILINGUAL MEMBERS
Bilingual members may be qualified to provide LEP services when they have demonstrated
through established department procedures a sufficient level of skill and competence to fluently
communicate in both English and a non-English language. Members utilized for LEP services
must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues
involved when acting as a language conduit. Additionally, bilingual members must be able to
communicate technical and law enforcement terminology, and be sufficiently proficient in the
non-English language to perform complicated tasks, such as conducting interrogations, taking
statements, collecting evidence or conveying rights or responsibilities.
When a qualified bilingual member from this department is not available, personnel from other
City departments, who have been identified by the Department as having the requisite skills and
competence, may be requested.
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332.9 AUTHORIZED INTERPRETERS
Any person designated by the Department to act as an authorized interpreter and/or translator
must have demonstrated competence in both English and the involved non-English language,
must have an understanding of the functions of an interpreter that allows for correct and effective
translation, and should not be a person with an interest in the department case or investigation
involving the LEP individual. A person providing interpretation or translation services may be
required to establish the accuracy and trustworthiness of the interpretation or translation in a court
proceeding.
Authorized interpreters must pass a screening process established by the LEP Coordinator which
demonstrates that their skills and abilities include:
(a) The competence and ability to communicate information accurately in both English
and in the target language.
(b) Knowledge, in both languages, of any specialized terms or concepts peculiar to this
department and of any particularized vocabulary or phraseology used by the LEP
individual.
(c) The ability to understand and adhere to the interpreter role without deviating into other
roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit.
332.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The Department may contract with authorized interpreters who are available over the telephone.
Members may use these services with the approval of a supervisor and in compliance with
established procedures.
Other sources may include:
• Qualified bilingual members of this department or personnel from other City
departments.
• Individuals employed exclusively to perform interpretation services.
• Contracted in -person interpreters, such as state or federal court interpreters, among
others.
• Interpreters from other agencies who have been qualified as interpreters by this
department, and with whom the Department has a resource -sharing or other
arrangement that they will interpret according to department guidelines.
332.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE
ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated
competence in either monolingual (direct) communication and/or in interpretation or translation (as
noted in above), and have been approved by the Department to communicate with LEP individuals.
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Where qualified bilingual members or other authorized interpreters are unavailable to assist,
approved community volunteers who have demonstrated competence may be called upon when
appropriate. However, department members must carefully consider the nature of the contact and
the relationship between the LEP individual and the volunteer to ensure that the volunteer can
provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or
interpretation, members should carefully consider the circumstances before relying on such
individuals. For example, children should not be relied upon except in exigent or very informal and
non -confrontational situations.
332.10 CONTACT AND REPORTING
While all law enforcement contacts, services and individual rights are important, this department
will utilize the four -factor analysis to prioritize service to LEP individuals so that such services may
be targeted where they are most needed, according to the nature and importance of the particular
law enforcement activity involved.
Whenever any member of this department is required to complete a report or other documentation
and interpretation services are provided to any involved LEP individual, such services should be
noted in the related report. Members should document the type of interpretation services utilized
and whether the individual elected to use services provided by the Department or some other
identified source.
332.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE
The Port Orchard Police Department will take reasonable steps and will work with Human
Resources to develop in-house language capacity by hiring or appointing qualified members
proficient in languages representative of the community being served.
332.11.1 EMERGENCY CALLS TO 9-1-1
Department members will make every reasonable effort to promptly accommodate LEP individuals
utilizing 9-1-1 lines. When a 9-1-1 call -taker receives a call and determines that the caller is an LEP
individual, the call -taker shall quickly determine whether sufficient information can be obtained to
initiate an appropriate emergency response. If language assistance is still needed, the language
is known and a qualified bilingual member is available in Kitsap 911, the call shall immediately be
handled by the qualified bilingual member.
If a qualified bilingual member is not available or the call -taker is unable to identify the caller's
language, the call -taker will contact the contracted telephone interpretation service and establish
a three-way call between the call -taker, the LEP individual and the interpreter.
Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the
assignment, if available and appropriate.
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While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to
accommodate LEP individuals seeking routine access to services and information by utilizing the
resources listed in this policy.
332.12 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control and other routine field contacts that may
involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary.
Members and/or supervisors must assess each situation to determine the need and availability of
language assistance to all involved LEP individuals and utilize the methods outlined in this policy
to provide such assistance.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information and the meaning
or consequences of any enforcement action. For example, it would be meaningless to request
consent to search if the officer is unable to effectively communicate with an LEP individual.
If available, officers should obtain the assistance of a qualified bilingual member or an authorized
interpreter before placing an LEP individual under arrest.
332.13 INVESTIGATIVE FIELD INTERVIEWS
In any situation where an interview may reveal information that could be used as the basis for
arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or
lacks the skills to directly communicate with the LEP individual, an authorized interpreter should
be used. This includes interviews conducted during an investigation with victims, witnesses and
suspects. In such situations, audio recordings of the interviews should be made when reasonably
possible. Identification and contact information for the interpreter (e.g., name, address) should be
documented so that the person can be subpoenaed for trial if necessary.
If an authorized interpreter is needed, officers should consider calling for an authorized interpreter
in the following order:
• An authorized department member or allied agency interpreter
• An authorized telephone interpreter
• Any other authorized interpreter
Any Miranda warnings shall be provided to suspects in their primary language by an authorized
interpreter or, if the suspect is literate, by providing a translated Miranda warning card.
The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders
may be used only when a qualified bilingual member or authorized interpreter is unavailable and
there is an immediate need to interview an LEP individual.
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332.14 CUSTODIAL INTERROGATIONS
Miscommunication during custodial interrogations may have a substantial impact on the evidence
presented in a criminal prosecution. Only qualified bilingual members or, if none is available
or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda
warnings shall be provided to suspects in their primary language by the qualified bilingual member
or an authorized interpreter.
In order to ensure that translations during custodial interrogations are accurately documented and
are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.
332.15 BOOKINGS
When gathering information during the booking process, members should remain alert to the
impediments that language barriers can create. In the interest of the arrestee's health and welfare,
the safety and security of the facility, and to protect individual rights, it is important that accurate
medical screening and booking information be obtained. Members should seek the assistance
of a qualified bilingual member whenever there is concern that accurate information cannot be
obtained or that booking instructions may not be properly understood by an LEP individual.
332.16 COMPLAINTS
The Department shall ensure that LEP individuals who wish to file a complaint regarding members
of this department are able to do so. The Department may provide an authorized interpreter or
translated forms, as appropriate. Complaints will be referred to the LEP Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints
Policy. Authorized interpreters used for any interview with an LEP individual during an investigation
should not be members of this department.
Any notice required to be sent to an LEP individual as a complaining party pursuant to the
Personnel Complaints Policy should be translated or otherwise communicated in a language -
accessible manner.
332.17 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses and neighborhoods to provide equal access to
such programs and services.
332.18 TRAINING
To ensure that all members who may have contact with LEP individuals are properly trained,
the Department will provide periodic training on this policy and related procedures, including
how to access department -authorized telephonic and in -person interpreters and other available
resources.
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The Administrative Services Deputy Chief shall be responsible for ensuring new members receive
LEP training. Those who may have contact with LEP individuals should receive refresher training
at least once every two years thereafter. The Administrative Services Deputy Chief shall maintain
records of all LEP training provided, and will retain a copy in each member's training file in
accordance with established records retention schedules.
332.18.1 TRAINING FOR AUTHORIZED INTERPRETERS
All members on the authorized interpreter list must successfully complete prescribed interpreter
training. To complete interpreter training successfully, an interpreter must demonstrate proficiency
in and ability to communicate information accurately in both English and in the target language,
demonstrate knowledge in both languages of any specialized terms or phraseology, and
understand and adhere to the interpreter role without deviating into other roles, such as counselor
or legal adviser.
Members on the authorized interpreter list must receive refresher training annually or they will be
removed from the authorized interpreter list. This annual training should include language skills
competency (including specialized terminology) and ethical considerations.
The Administrative Services Deputy Chief shall be responsible for coordinating the annual
refresher training and will maintain a record of all training the interpreters have received.
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Communications with Persons with Disabilities
333.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with disabilities,
including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.
333.1.1 DEFINITIONS
Definitions related to this policy include:
Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They
include but are not limited to, the use of gestures or visual aids to supplement oral communication;
a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive
listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay
service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life
activity, including hearing or seeing, regardless of whether the disabled person uses assistive or
adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are
not considered to have a disability (42 USC § 12102).
Qualified interpreter - A person who is able to interpret effectively, accurately and impartially,
both receptively and expressively, using any necessary specialized vocabulary. Qualified
interpreters include oral interpreters, transliterators, sign language interpreters and intermediary
interpreters. Qualified interpreters should be certified pursuant to RCW 2.42.110.
333.2 POLICY
It is the policy of the Port Orchard Police Department to reasonably ensure that people with
disabilities, including victims, witnesses, suspects and arrestees have equal access to law
enforcement services, programs and activities. Members must make efforts to communicate
effectively with individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon disabilities.
333.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR
The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107).
The ADA Coordinator shall be appointed by, and directly responsible, to the Operations Deputy
Chief or the authorized designee.
The responsibilities of the ADA Coordinator shall include, but not be limited to:
(a) Working with the City ADA coordinator regarding the Port Orchard Police Department's
efforts to ensure equal access to services, programs and activities.
(b) Developing reports, new procedures, or recommending modifications to this policy.
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(c) Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to department services, programs and activities.
(d) Ensuring that a list of qualified interpreter services is maintained and available to
each Shift Supervisor and Dispatch Supervisor. The list should include information
regarding the following:
1. Contact information
2. Availability
(e) Developing procedures that will enable members to access auxiliary aids or services,
including qualified interpreters, and ensure the procedures are available to all
members.
(f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are
available free of charge to people with disabilities.
(g) Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to department
services, programs and activities.
333.4 FACTORS TO CONSIDER
Because the nature of any law enforcement contact may vary substantially from one situation
to the next, members of this department should consider all information reasonably available to
them when determining how to communicate with an individual with a disability. Members should
carefully balance all known factors in an effort to reasonably ensure people who are disabled have
equal access to services, programs and activities. These factors may include, but are not limited to:
(a) Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean
he/she completely understands the message. When there is any doubt, members
should ask the individual to communicate back or otherwise demonstrate their
understanding.
(b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low
vision).
(c) The nature of the law enforcement contact (e.g., emergency vs. non -emergency,
custodial vs. consensual contact).
(d) The availability of auxiliary aids. The fact that a particular aid is not available does
not eliminate the obligation to reasonably ensure access. However, in an emergency,
availability may factor into the type of aid used.
333.5 INITIAL AND IMMEDIATE CONSIDERATIONS
Recognizing that various law enforcement encounters may be potentially volatile and/or
emotionally charged, members should remain alert to the possibility of communication problems.
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Communications with Persons with Disabilities
Members should exercise special care in the use of all gestures, and verbal and written
communication to minimize initial confusion and misunderstanding when dealing with any
individual with known or suspected disabilities.
In a non -emergency situation, when a member knows or suspects an individual requires
assistance to effectively communicate, the member shall identify the individual's choice of auxiliary
aid or service.
The individual's preferred communication method must be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual.
(b) The nature, length and complexity of the communication involved.
(c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person,
members may use whatever auxiliary aids and services that reasonably appear effective under
the circumstances. This may include, for example, exchanging written notes or using the services
of a person who knows sign language but is not a qualified interpreter, even if the person who is
deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate
auxiliary aid or service. Once the emergency has ended, the continued method of communication
should be reconsidered. The member should inquire as to the individual's preference and give
primary consideration to that preference.
If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the
custody of the Port Orchard Police Department, consideration should be given, safety permitting,
to placing the handcuffs in the front of the body to facilitate communication using sign language
or writing.
333.6 TYPES OF ASSISTANCE AVAILABLE
Port Orchard Police Department members shall never refuse to assist an individual with disabilities
who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor
shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving
assistance. The Department will make every reasonable effort to provide equal access and timely
assistance to individuals who are disabled through a variety of services.
A person who is disabled may choose to accept department -provided auxiliary aids or services
or they may choose to provide their own.
Department -provided auxiliary aids or services may include, but are not limited to, the assistance
methods described in this policy.
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333.7 AUDIO RECORDINGS AND ENLARGED PRINT
The Department may develop audio recordings to assist people who are blind or have a visual
impairment with accessing important information. If such a recording is not available, members
may read aloud from the appropriate form, for example a personnel complaint form, or provide
forms with enlarged print.
333.8 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a
victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign
language or speechreading (lip-reading) to understand what others are saying. The qualified
interpreter should not be a person with an interest in the case or the investigation. A person
providing interpretation services may be required to establish the accuracy and trustworthiness
of the interpretation in a court proceeding.
Qualified interpreters should be:
(a) Available within a reasonable amount of time but in no event longer than one hour
if requested.
(b) Experienced in providing interpretation services related to law enforcement matters.
(c) Familiar with the use of VRS and/or video remote interpreting services.
(d) Certified in either American Sign Language (ASL) or Signed English (SE).
(e) Able to understand and adhere to the interpreter role without deviating into other roles,
such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.
Members should use department -approved procedures to request a qualified interpreter at the
earliest reasonable opportunity, and generally not more than 15 minutes after a request for an
interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual
who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160).
333.9 TTY AND RELAY SERVICES
In situations where an individual without a disability would have access to a telephone (e.g.,
booking or attorney contacts), members must also provide those who are deaf, hard of hearing
or have impaired speech the opportunity to place calls using an available TTY (also known as a
telecommunications device for deaf people, or TDD). Members shall provide additional time, as
needed, for effective communication due to the slower nature of TTY and TDD communications.
The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing
and received via a telecommunications relay service (28 CFR 35.162).
Note that relay services translate verbatim, so the conversation must be conducted as if speaking
directly to the caller.
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333.10 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated
competence in communication services, such as ASL or SE, and have been approved by the
Department to provide interpreter services.
Where qualified interpreters are unavailable to assist, approved community volunteers who have
demonstrated competence may be called upon when appropriate. However, department members
must carefully consider the nature of the contact and the relationship between the individual with
the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased
assistance.
333.11 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, members should carefully consider
the circumstances before relying on such individuals. The nature of the contact and relationship
between the individual with the disability and the person offering services must be carefully
considered (e.g., victim/suspect).
Children shall not be relied upon except in emergency or critical situations when there is no
qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter
reasonably available.
(b) The person with the disability requests that the adult interpret or facilitate
communication and the adult agrees to provide such assistance, and reliance on that
adult for such assistance is reasonable under the circumstances.
333.12 REPORTING
Whenever any member of this department is required to complete a report or other documentation,
and communication assistance has been provided, such services should be noted in the related
report. Members should document the type of communication services utilized and whether the
individual elected to use services provided by the Department or some other identified source.
If the individual's express preference is not honored, the member must document why another
method of communication was used.
All written communications exchanged in a criminal case shall be attached to the report or placed
into evidence.
333.13 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control, and other routine field contacts that may
involve individuals with disabilities. The scope and nature of these activities and contacts will
inevitably vary.
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The Department recognizes that it would be virtually impossible to provide immediate access
to complete communication services to every member of this department. Members and/or
supervisors must assess each situation and consider the length, complexity, and importance of the
communication, as well as the individual's preferred method of communication, when determining
the type of resources to use and whether a qualified interpreter is needed.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information, and the meaning
or consequences of any enforcement action. For example, it would be meaningless to verbally
request consent to search if the officer is unable to effectively communicate with an individual who
is deaf or hard of hearing and requires communications assistance.
If available, officers should obtain the assistance of a qualified interpreter before placing an
individual with a disability under arrest. Individuals who are arrested and are accompanied by
service animals should be permitted to make arrangements for the care of such animals prior to
transport.
333.13.1 FIELD RESOURCES
Examples of methods that may be sufficient for transactions, such as checking a license or giving
directions to a location or for urgent situations such as responding to a violent crime in progress,
may, depending on the circumstances, include such simple things as:
(a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has
impaired speech.
(b) Exchange of written notes or communications.
(c) Verbal communication with an individual who can speechread by facing the individual
and speaking slowly and clearly.
(d) Use of computer, word processing, personal communication device or similar device
to exchange texts or notes.
(e) Slowly and clearly speaking or reading simple terms to individuals who have a visual
or mental impairment.
Members should be aware that these techniques may not provide effective communication as
required by law and this policy depending on the circumstances.
333.14 CUSTODIAL INTERROGATIONS
In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech
impairment are protected during a custodial interrogation, this department will provide interpreter
services before beginning an interrogation, unless exigent circumstances exist. The use of a video
remote interpreting service should be considered, where appropriate, if a live interpreter is not
available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a
qualified interpreter.
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In order to ensure that communications during custodial investigations are accurately documented
and are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.
333.15 ARRESTS AND BOOKINGS
If an individual with speech or hearing disabilities is arrested, the arresting officer shall use
department -approved procedures to provide a qualified interpreter at the place of arrest or
booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a
different auxiliary aid or service or the officer reasonably determines another effective method of
communication exists under the circumstances.
When gathering information during the booking process, members should remain alert to the
impediments that often exist when communicating with those who are deaf, hard of hearing,
who have impaired speech or vision, are blind, or have other disabilities. In the interest of the
arrestee's health and welfare, the safety and security of the facility and to protect individual
rights, it is important that accurate medical screening and booking information be obtained. If
necessary, members should seek the assistance of a qualified interpreter whenever there is
concern that accurate information cannot be obtained or that booking instructions may not be
properly understood by the individual.
Individuals who require and possess personally owned communication aids (e.g., hearing aids,
cochlear processors) should be permitted to retain them while in custody.
333.17 COMPLAINTS
The Department shall ensure that individuals with disabilities who wish to file a complaint regarding
members of this department are able to do so. The Department may provide a qualified interpreter
or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA
Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints
Policy. Qualified interpreters used during the investigation of a complaint should not be members
of this department.
333.17 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses and neighborhoods to provide equal access to
such programs and services.
333.18 TRAINING
To ensure that all members who may have contact with individuals who are disabled are properly
trained, the Department will provide periodic training that should include:
(a) Awareness and understanding of this policy and related procedures, related forms and
available resources.
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(b) Procedures for accessing qualified interpreters and other available resources.
(c) Working with in -person and telephone interpreters and related equipment.
The Administrative Services Deputy Chief shall be responsible for ensuring new members receive
training related to interacting with individuals who have disabilities, including individuals who are
deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have
contact with such individuals should receive refresher training at least once every two years
thereafter. The Administrative Services Deputy Chief shall maintain records of all training provided,
and will retain a copy in each member's training file in accordance with established records
retention schedules.
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Child and Dependent Adult Safety
334.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that children and dependent adults are not left without
appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from
providing care due to actions taken by members of this department.
This policy does not address the actions to be taken during the course of a child abuse or
dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies.
334.2 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful
experience individuals may have when their parent or caregiver is arrested. The Port Orchard
Police Department will endeavor to create a strong cooperative relationship with local, state and
community -based social services to ensure an effective, collaborative response that addresses
the needs of those affected, including call -out availability and follow-up responsibilities.
334.3 PROCEDURES DURING AN ARREST
When encountering an arrest or prolonged detention situation, officers should make reasonable
attempts to determine if the arrestee is responsible for children or dependent adults. In some
cases this may be obvious, such as when children or dependent adults are present. However,
officers should inquire if the arrestee has caregiver responsibilities for any children or dependent
adults who are without appropriate supervision. The following steps should be taken:
(a) Inquire about and confirm the location of any children or dependent adults.
(b) Look for evidence of children and dependent adults. Officers should be mindful that
some arrestees may conceal the fact that they have a dependent for fear the individual
may be taken from them.
(c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to
whether the person is responsible for a child or dependent adult.
Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of
a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing
children or dependent adults from the scene in advance of the arrest will generally ensure the
best outcome for the individual.
Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or
dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent
or caregiver suggests this conversation would be non -productive, the officer at the scene should
explain the reason for the arrest in age -appropriate language and offer reassurance to the child
or dependent adult that he/she will receive appropriate care.
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334.3.1 AFTER AN ARREST
Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of
the arrestee's disclosed or discovered, children or dependent adults.
Officers should allow the arrestee reasonable time to arrange for care of children and dependent
adults. Temporary placement with family or friends may be appropriate. However, any decision
should give priority to a care solution that is in the best interest of the child or dependent adult. In
such cases the following guidelines should be followed:
(a) Allow the person reasonable time to arrange for the care of children and dependent
adults with a responsible party, as appropriate.
1. Officers should consider allowing the person to use his/her cell phone to facilitate
arrangements through access to contact phone numbers, and to lessen the
likelihood of call screening by the recipients due to calls from unknown sources.
(b) Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe
environment), officers should respect the parent or caregiver's judgment regarding
arrangements for care. It is generally best if the child or dependent adult remains
with relatives or family friends that he/she knows and trusts because familiarity with
surroundings and consideration for comfort, emotional state and safety are important.
1. Except when a court order exists limiting contact, the officer should attempt
to locate and place children or dependent adults with the non -arrested parent,
guardian or caregiver.
(c) Provide for the immediate supervision of children or dependent adults until an
appropriate caregiver arrives.
(d) Notify the Department of Social and Health Services, if appropriate.
(e) Notify a supervisor of the disposition of children and dependent adults.
If children or dependent adults are at school or another known location outside the household
at the time of arrest, the arresting officer should attempt to contact the school or other known
location and inform the principal or appropriate responsible adult of the caregiver's arrest and of
the arrangements being made for the care of the arrestee's dependent. The result of such actions
should be documented in the associated report.
Officers shall promptly notify Child Protective Services (CPS) whenever a child under 13 years of
age is present in a vehicle and his/her parent, guardian or legal custodian is arrested for a drug or
alcohol driving offense in accordance with the department Child Abuse Policy (RCW 26.44.250).
334.3.2 PHONE CALLS DURING THE ARREST PROCESS
The arrestee shall be allowed to make additional telephone calls to relatives or other responsible
individuals as is reasonably necessary to arrange for the care of any child or dependent adult.
These telephone calls should be given as soon as practicable and are in addition to any other
telephone calls allowed by law.
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If an arrestee is unable to resolve the care of any child or dependent adult through this process, a
Shift supervisor should be contacted to determine the appropriate steps to arrange for care. These
steps may include additional telephone calls or contacting a local, county or state services agency.
334.3.3 REPORTING
(a) For all arrests where children are present or living in the household, the reporting
member will document the following information:
1. Name
2. Sex
3. Age
4. Special needs (e.g., medical, mental health)
5. How, where and with whom or which agency the child was placed
6. Identities and contact information for other potential caregivers
7. Notifications made to other adults (e.g., schools, relatives)
(b) For all arrests where dependent adults are present or living in the household, the
reporting member will document the following information:
1. Name
2. Sex
3. Age
4. Whether he/she reasonably appears able to care for him/herself
5. Disposition or placement information if he/she is unable to care for him/herself
334.3.4 SUPPORT AND COUNSELING REFERRAL
If, in the judgment of the handling officers, the child or dependent adult would benefit from
additional assistance, such as counseling services, contact with a victim advocate or a crisis
telephone number, the appropriate referral information may be provided.
334.4 DEPENDENT WELFARE SERVICES
Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child
or dependent adult, the handling officer should contact the appropriate welfare service or other
department -approved social service to determine whether protective custody is appropriate.
Only when other reasonable options are exhausted should a child or dependent adult be
transported to the police facility, transported in a marked law enforcement vehicle or taken into
formal protective custody.
Under no circumstances should a child or dependent adult be left unattended or without
appropriate care.
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334.5 TRAINING
The Administrative Services Deputy Chief is responsible to ensure that all members of this
department who may be involved in arrests affecting children or dependent adults receive
approved training on effective safety measures when a parent, guardian or caregiver is arrested.
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Service Animals
335.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to ensure that the rights of
individuals who use service animals to assist with disabilities are protected in accordance with
Title II of the Americans with Disabilities Act (ADA).
335.1.1 DEFINITIONS
Definitions related to this policy include:
Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
The work or tasks performed by a service animal must be directly related to the individual's
disability (28 CFR 35.104).
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks
for people with disabilities, provided the horse is housebroken, is under the handler's control, the
facility can accommodate the horse's type, size, and weight, and the horse's presence will not
compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR
35.136(i)).
335.1.2 SERVICE ANIMALS IN TRAINING
All references to "service animals" in this policy also mean a dog or miniature horse undergoing
training to become a service animal (RCW 49.60.040).
335.2 MEMBER RESPONSIBILITIES
Service animals that are assisting individuals with disabilities are permitted in all public facilities
and areas where the general public is allowed. Department members are expected to treat
individuals with service animals with the same courtesy and respect that the Port Orchard Police
Department affords to all members of the public.
335.2.1 INQUIRY
If it is apparent or if a member is aware that an animal is a service animal, the individual generally
should not be asked any questions as to the status of the animal. If it is unclear whether an animal
meets the definition of a service animal, the member should ask the individual only the following
questions (28 CFR 35.136(f)):
• Is the animal required because of a disability?
• What task or service has the service animal been trained to perform?
If the individual explains that the animal is required because of a disability and has been trained to
work or perform at least one task, the animal meets the definition of a service animal and no further
questions as to the animal's status should be asked. The individual should not be questioned about
their disability nor should the person be asked to provide any license, certification, or identification
card for the service animal.
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335.2.2 CONTACT
Service animals are not pets. Department members should not interfere with the important work
performed by a service animal by talking to, petting, or otherwise initiating contact with a service
animal.
335.2.3 REMOVAL
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the
health of others, or unreasonably disrupts or interferes with normal business operations, an officer
may direct the handler to remove the animal from the premises. Barking alone is not a threat nor
does a direct threat exist if the person takes prompt, effective action to control the service animal
(28 CFR 35.136(b)).
Each incident must be considered individually and past incidents alone are not cause for excluding
a service animal. Removal of a service animal may not be used as a reason to refuse service to
an individual with disabilities. Members of this department are expected to provide all services
that are reasonably available to an individual with a disability, with or without a service animal.
335.2.4 COMPLAINTS
When handling calls of a complaint regarding a service animal, members of this department
should remain neutral and should be prepared to explain the ADA requirements concerning service
animals to the concerned parties. Businesses are required to allow service animals to accompany
their handlers into the same areas that other customers or members of the public are allowed
(28 CFR 36.302).
Absent a violation of law independent of the ADA, officers should take no enforcement action
beyond keeping the peace. Individuals who believe they have been discriminated against as a
result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice
(DOJ).
335.3 POLICY
It is the policy of the Port Orchard Police Department to provide services and access to persons
with service animals in the same manner as those without service animals. Department members
shall protect the rights of persons assisted by service animals in accordance with state and federal
law.
335.4 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness, or collar.
Service animals may be used in a number of ways to provide assistance, including:
• Guiding people who are blind or have low vision.
• Alerting people who are deaf or hard of hearing.
• Retrieving or picking up items, opening doors, or flipping switches for people who have
limited use of their hands, arms, or legs.
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• Pulling wheelchairs.
• Providing physical support and assisting with stability and balance.
• Doing work or performing tasks for persons with traumatic brain injury, intellectual
disabilities, or psychiatric disabilities, such as reminding a person with depression to
take medication.
• Alerting a person with anxiety to the onset of panic attacks, providing tactile
stimulation to calm a person with post -traumatic stress disorder, assisting people with
schizophrenia to distinguish between hallucinations and reality, and helping people
with traumatic brain injury to locate misplaced items or follow daily routines.
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Volunteer Program
336.1 PURPOSE AND SCOPE
It is the policy of this department to use qualified volunteers for specified tasks and duties in order
to create efficiencies for the Department and improve services to the community. Volunteers are
intended to supplement and support, rather than supplant, sworn officers and civilian personnel.
Volunteers can be an important part of any organization and have proven to be a valuable asset
to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery
of services and information input, and provide new program opportunities. In addition, volunteers
bring new skills and expertise to the Department and prompt new enthusiasm.
336.1.1 DEFINITION OF VOLUNTEER
An individual who performs a service for the Department without promise, expectation or receipt of
compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers,
interns, persons providing administrative support and youth involved in a law enforcement Explorer
Post, among others.
336.2 VOLUNTEER MANAGEMENT
336.2.1 VOLUNTEER COORDINATOR
The Volunteer Coordinator shall be appointed by the Deputy Chief. The function of the Volunteer
Coordinator is to provide a central coordinating point for effective volunteer management within the
Department, and to direct and assist staff and volunteer efforts to jointly provide more productive
services. The Volunteer Coordinator should work with other Department staff on an ongoing basis
to assist in the development and implementation of volunteer -staffed positions.
The Volunteer Coordinator, or his/her designee, shall be responsible for the following:
(a) Recruiting, selecting and training qualified volunteers for various positions.
(b) Facilitating the implementation of new volunteer activities and assignments.
(c) Maintaining records for each volunteer.
(d) Tracking and evaluating the contribution of volunteers.
(e) Maintaining the volunteer handbook and outlining expectations, policies and
responsibilities for all volunteers.
(f) Maintaining a record of volunteer schedules and work hours.
(g) Completion and dissemination as appropriate of all necessary paperwork and
information.
(h) Planning periodic recognition events.
(i) Administering discipline when warranted.
(j) Maintaining liaison with other volunteer -utilizing programs in the community and
assisting in community -wide efforts to recognize and promote volunteering.
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336.2.2 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with department
policy on equal opportunity nondiscriminatory employment. A primary qualification for participation
in the application process should be an interest in, and an ability to assist the Department in
serving the public.
Requests for volunteers should be submitted in writing by interested staff to the Volunteer
Coordinator through the requester's immediate supervisor. A complete position description and
a requested time frame should be included in the request. All parties should understand that the
recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer
Coordinator may withhold assignment of any volunteer until such time as the requesting unit is
prepared to make effective use of volunteer resources.
336.2.3 SCREENING
All prospective volunteers should complete the volunteer application form. The Volunteer
Coordinator or designee should conduct a face-to-face interview with an applicant under
consideration.
A documented background investigation shall be completed on each volunteer applicant and shall
include, but not necessarily be limited to, the following:
(a) Traffic and criminal background check. Fingerprints shall be obtained from all
applicants and applicants shall be processed for criminal history.
(b)
Employment.
(c)
References.
(d)
Credit check.
A polygraph exam may be required of each applicant depending on the type of assignment.
336.2.4 SELECTION AND PLACEMENT
Service as a volunteer with the Department shall begin with an official notice of acceptance or
appointment to a volunteer position. Notice may only be given by an authorized representative of
the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any
assignment until they have been officially accepted for that position and completed all required
screening and paperwork. At the time of final acceptance, each volunteer should complete all
required enrollment paperwork and will receive a copy of their position description and agreement
of service with the Department. All volunteers shall receive a copy of the volunteer handbook and
shall be required to sign a volunteer agreement.
Volunteers should be placed only in assignments or programs that are consistent with their
knowledge, skills, abilities and the needs of the Department.
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336.2.5 TRAINING
Volunteers will be provided with an orientation program to acquaint them with the Department,
personnel, policies and procedures that have a direct impact on their work assignment.
Volunteers should receive position -specific training to ensure they have adequate knowledge and
skills to complete tasks required by the position and should receive periodic ongoing training as
deemed appropriate by their supervisor or the Volunteer Coordinator.
Training should reinforce to volunteers that they may not intentionally represent themselves as, or
by omission infer that they are sworn officers or other full-time members of the Department. They
shall always represent themselves as volunteers.
All volunteers shall comply with the rules of conduct and with all orders and directives, either oral
or written, issued by the Department.
336.2.6 FITNESS FOR DUTY
No volunteer shall report to work or be on -duty when his/her judgment or physical condition has
been impaired by alcohol, medication, other substances, illness or injury.
Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill
their duties. This includes, but is not limited to, the following:
(a) Driver's license
(b) Medical condition
(c) Arrests
(d) Criminal investigations
All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol
use.
336.2.7 DRESS CODE
As representatives of the Department, volunteers are responsible for presenting a professional
image to the community. Volunteers shall dress appropriately for the conditions and performance
of their duties.
Volunteers shall conform to department -approved dress consistent with their duty assignment.
Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn
officers. The uniform or identifiable parts of the uniform shall not be worn while off -duty except
volunteers may choose to wear the uniform while in transit to or from official department
assignments or functions provided an outer garment is worn over the uniform shirt so as not to
bring attention to the volunteer while he/she is off duty.
Volunteers shall be required to return any issued uniform or department property at the termination
of service.
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336.3 SUPERVISION OF VOLUNTEERS
Each volunteer who is accepted to a position with the Department must have a clearly identified
supervisor who is responsible for direct management of that volunteer. This supervisor will be
responsible for day-to-day management and guidance of the work of the volunteer and should be
available to the volunteer for consultation and assistance.
A volunteer may be assigned as and act as a supervisor of other volunteers provided that the
supervising volunteer is under the direct supervision of a paid staff member.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit
where the volunteer is assigned. Following are some considerations to keep in mind while
supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels.
(b) Ensure volunteers have work space and necessary office supplies.
(c) Make sure the work is challenging. Do not hesitate to give them an assignment or task
that will tap these valuable resources.
336.4 CONFIDENTIALITY
With appropriate security clearance, volunteers may have access to confidential information
such as criminal histories or investigative files. Unless otherwise directed by a supervisor
or departmental policy, all information shall be considered confidential. Only that information
specifically identified and approved by authorized personnel shall be released. Confidential
information shall be given only to persons who have a need and a right to know as determined
by departmental policy and supervisory personnel.
Each volunteer will be required to sign a nondisclosure agreement before being given an
assignment with the Department. Subsequent unauthorized disclosure of any confidential
information, verbally, in writing or by any other means, by the volunteer is grounds for immediate
dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article
for publication, act as correspondents to a newspaper or other periodical, release or divulge
any information concerning the activities of the Department, or maintain that they represent the
Department in such matters without permission from the proper department personnel.
336.5 PROPERTY AND EQUIPMENT
Volunteers will be issued an identification card that must be worn at all times while on -duty.
Any fixed and portable equipment issued by the Department shall be for official and authorized use
only. Any property or equipment issued to a volunteer shall remain the property of the Department
and shall be returned at the termination of service.
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336.5.1 VEHICLE USE
Volunteers assigned to duties such as vacation house checks or other assignments that require
the use of a vehicle must first complete the following:
(a) A driving safety briefing and department -approved driver safety course.
(b) Verification that the volunteer possesses a valid Washington Driver's License.
The Volunteer Coordinator should ensure that all volunteers receive safety briefing updates and
license and insurance verification at least once a year.
When operating a Department vehicle, volunteers shall obey all rules of the road, including seat
belt requirements. Smoking is prohibited in all Department vehicles.
Volunteers attached to the Volunteers in Police Service may only operate designated Department
vehicles that are clearly differentiated from regular marked patrol vehicles.
336.5.2 RADIO AND MCT USAGE
Reserve Police Officers shall successfully complete Central Computerized Enforcement Service
System (ACCESS) and radio procedures training prior to using the police radio or MCT and comply
with all related provisions.
The Volunteer Coordinator shall ensure that Volunteers in Police Service (VIPS) receive radio
training.
336.6 DISCIPLINARY PROCEDURES/TERMINATION
A volunteer may be removed from the volunteer program at the discretion of the Chief of Police
or the Volunteer Coordinator. Volunteers shall have no property interests in their continued
appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be
afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall
be limited to a single appearance before the Chief of Police or authorized designee.
Volunteers may resign from volunteer service with the Department at any time. It is requested
that volunteers who intend to resign provide advance notice of their departure and a reason for
their decision.
336.6.1 EXIT INTERVIEWS
Exit interviews, where possible, should be conducted with volunteers who are leaving their
positions. The interview should ascertain why the volunteer is leaving the position and solicit the
volunteer's suggestions on improving the position. When appropriate, the interview should also
include a discussion on the possibility of involvement in some other capacity with the Department.
336.7 EVALUATION
An evaluation of the overall volunteer program will be conducted on an annual basis by the
Volunteer Coordinator. Annual evaluations shall be conducted at the beginning of the year with
volunteers to ensure the best use of human resources available, to ensure personnel problems
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can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the
part of volunteers.
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Off -Duty Law Enforcement Actions
337.1 PURPOSE AND SCOPE
The decision to become involved in a law enforcement action when off -duty can place an officer
as well as others at great risk and must be done with careful consideration. This policy is intended
to provide guidelines for officers of the Port Orchard Police Department with respect to taking law
enforcement action while off -duty.
337.2 POLICY
Initiating law enforcement action while off -duty is generally discouraged. Officers should not
attempt to initiate enforcement action when witnessing minor crimes, such as suspected
intoxicated drivers, reckless driving, or minor property crimes. Such incidents should be promptly
reported to the appropriate law enforcement agency.
Officers are not expected to place themselves in unreasonable peril. However, any officer of
this department who becomes aware of an incident or circumstance that the officer reasonably
believes would justify the use of deadly force or result in significant property damage may take
reasonable action to minimize or eliminate the threat (see the Use of Force Policy).
When public safety or the prevention of major property damage requires immediate action, officers
should first consider reporting and monitoring the activity and only take direct action as a last
resort.
337.3 FIREARMS
Officers of this department may carry firearms while off -duty in accordance with federal regulations
and department policy. All firearms and ammunition must meet guidelines as described in the
department Firearms Policy. When carrying firearms while off -duty officers shall also carry their
department -issued badge and identification.
Officers should refrain from carrying firearms when the consumption of alcohol is likely or when
the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried
by any member, either on- or off -duty, who has consumed an amount of an alcoholic beverage,
taken any drugs or medication or any combination thereof that would tend to adversely affect the
officer's senses or judgment.
337.4 DECISION TO INTERVENE
There is no legal requirement for off -duty officers to take law enforcement action. However, should
officers decide to intervene, they must evaluate whether the action is necessary or desirable, and
should take into consideration the following:
(a) The tactical disadvantage of being alone and the fact there may be multiple or hidden
suspects.
(b) The inability to communicate with responding units.
(c) The lack of equipment, such as handcuffs, OC or baton.
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(d) The lack of cover.
(e) The potential for increased risk to bystanders if the off -duty officer were to intervene.
(f) Unfamiliarity with the surroundings.
(9) The potential for the off -duty officer to be misidentified by other peace officers or
members of the public.
Officers should consider waiting for on -duty uniformed officers to arrive, and gather as much
accurate intelligence as possible instead of immediately intervening.
337.4.1 INTERVENTION PROCEDURE
If involvement is reasonably necessary, the officer should attempt to call or have someone else call
9-1-1 to request immediate assistance. The operator should be informed that an off -duty officer
is on -scene and should be provided a description of the officer if possible.
Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Port
Orchard Police Department officer until acknowledged. Official identification should also be
displayed.
337.4.2 INCIDENTS OF PERSONAL INTEREST
Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor
disputes) and should remain neutral. In such circumstances officers should call the responsible
agency to handle the matter.
337.4.3 PROFESSIONAL STAFF RESPONSIBILITIES
Professional staff personnel should not become involved in any law enforcement actions while
off -duty except to notify the local law enforcement authority and remain at the scene, if safe and
practicable.
337.4.4 OTHER CONSIDERATIONS
When encountering a non -uniformed officer in public, uniformed officers should wait for
acknowledgement by the non -uniformed officer in case he/she needs to maintain an undercover
capability.
337.5 REPORTING
Any off -duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall
notify the Shift Supervisor as soon as practicable. The Shift Supervisor shall determine whether
a report should be filed by the employee.
Officers should cooperate fully with the agency having jurisdiction in providing statements or
reports as requested or as appropriate.
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Policy Manual
Native American Graves Protection and
Repatriation
338.1 PURPOSE AND SCOPE
This policy is intended to ensure the protection and security of ancient or historic grave sites,
including notification of personnel responsible for cultural items, in compliance with the Native
American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.).
338.1.1 DEFINITIONS
Definitions related to this policy include (43 CFR 10.2):
Funerary objects - Objects that, as part of the death rite or ceremony of a Native American
culture, are reasonably believed to have been placed intentionally at the time of death or later
with or near individual human remains. Funerary objects are either associated funerary objects
or unassociated funerary objects.
Associated funerary objects are any funerary objects related to removed human remains, where
the location of the human remains is known. This includes objects that were made exclusively for
burial purposes or to contain human remains, regardless of the physical location or existence of
any related human remains.
Unassociated funerary objects are any other funerary objects that are identified by a
preponderance of the evidence such as:
• Related to human remains but the remains were not removed, or the location of the
remains is unknown.
• Related to specific individuals or families.
• Removed from specific burial sites with Native American cultural affiliation.
• Removed from an area where such burial sites are known to have existed, but the
site no longer exists.
Native American human remains - Any physical part of the body of a Native American individual.
Objects of cultural patrimony - Objects having ongoing historical, traditional, or cultural
importance that is central to the Native American group or culture itself and, therefore, cannot be
appropriated or conveyed by any individual, including members of the Native American group or
Native Hawaiian organization. Such objects must have been considered inalienable by the Native
American group at the time the object was separated from the group.
Sacred objects - Specific ceremonial objects needed by traditional Native American religious
leaders for the practice of traditional Native American religions.
338.2 POLICY
It is the policy of the Port Orchard Police Department that the protection of Native American
human remains, funerary objects, associated funerary objects, unassociated funerary objects,
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sacred objects, or objects of cultural patrimony is the responsibility of all members. Such protection
includes minimizing destruction, contamination, inadvertent disruption, or complicated custody
transfer processes.
338.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT
Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave,
human remains, funerary objects, associated funerary objects, unassociated funerary objects,
sacred objects, or objects of cultural patrimony are exposed or otherwise unsecured, members
shall secure the site in the same manner as a crime scene. All activity at the scene other than
scene preservation activity must cease (43 CFR 10.5).
No photography or video recording may be permitted by the media or any group or individual who
may wish to exhibit the remains.
Without delay, the appropriate agency or group shall be notified to respond and take control of
the scene. These include the following (43 CFR 10.5):
• Federal land - Appropriate agency at the U.S. Department of the Interior or U.S.
Department of Agriculture
• State land - Medical Examiner (RCW 68.50.645)
• Tribal land - Responsible Indian tribal official
338.4 EVIDENCE AND PROPERTY
If the location has been investigated as a possible homicide scene prior to identification as a
NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure
the proper transfer and repatriation of any material collected. Members shall ensure that any
remains or artifacts located at the site are expediently processed (43 CFR 10.7).
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Policy Manual
Extreme Risk Protection Orders
339.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for petitioning and serving extreme risk
protection orders and accounting for the firearms obtained pursuant to those orders.
339.1.1 DEFINITIONS
Definitions related to this policy include:
Extreme risk protection order — An order prohibiting a named person from having custody
or control, purchasing, possessing, accessing, receiving, or attempting to purchase or receive
firearms.
Ex parte extreme risk protection order — An extreme risk protection order that has been issued
in the absence of or without notification to the named person.
339.2 POLICY
It is the policy of the Port Orchard Police Department to petition for and serve extreme risk
protection orders in compliance with state law and to properly account for firearms obtained by
the Department pursuant to such orders.
339.3 EXTREME RISK PROTECTION ORDER COORDINATOR
The Chief of Police should designate an extreme risk protection order coordinator. The
responsibilities of the coordinator include:
(a) Developing and maintaining procedures for the filing of a petition for an order or a
renewal of an order by department members (RCW 7.105.100; RCW 7.105.105; RCW
7.105.110).
1. This includes development of procedures to provide notice of an extreme risk
protection order to persons who may be at risk of violence (RCW 7.105.110).
(b) Identifying factors to consider when assessing whether to seek an order, including:
1. Whether threats have been made, and if so, whether the threats are credible
and specific.
2. Whether the potential victim is within close proximity.
3. Whether the person has expressed suicidal tendencies.
4. Whether the person has access to firearms.
5. Whether the person has committed an act of violence toward themselves or
another person.
6. The criminal history of the person, in particular any history of criminal violence,
including whether the person is currently on parole, probation, or monitored
release.
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7. The mental health history of the person, in particular whether the person has
any history of mental illness or has ever been detained for being a danger to
themselves or others.
8. Any known upcoming holidays, anniversaries, or other dates of significance that
may serve as a trigger for the person, such as the death of a family member.
9. Whether the person has any history of drug or alcohol abuse.
(c) Developing and maintaining procedures for the receipt and service of orders consistent
with the requirements of RCW 7.105.150 (Methods of Service) and RCW 7.105.155
(Service by a Law Enforcement Officer). Procedures should include:
1. Methods of authorized service for orders (e.g., service by electronic means,
personal service) including mechanisms and verification options for electronic
service and electronic returns of service (RCW 7.105.175).
2. Evaluation of an order to determine appropriate service and necessary
precautions (see the Warrant Service Policy and the Operations Planning and
Deconfliction Policy).
3. Forwarding orders to the Operations Director or the authorized designee.
4. Forwarding orders to the Police Services Coordinator for recording in
appropriate databases and required notice to the court, as applicable.
5. Preparing or obtaining a search warrant prior to attempting service of an order,
when appropriate.
(d) Coordinating with the Deputy Chief to provide officers who may be involved in
petitioning for or serving orders with training on such orders. Training should include
determining when a petition is appropriate, the process for seeking an order, and the
service of such orders.
(e) Reviewing each petition, and any associated court documents for an order prepared
by members, for compliance with this policy, department procedures, and state law.
(f) Developing and maintaining procedures for members to accept voluntarily
surrendered prohibited items at times other than when an order is being served by
the Department.
1. Procedures should include preparing and providing a receipt identifying all
prohibited items to the person surrendering the items.
339.4 EXTREME RISK PROTECTION ORDERS
An officer who reasonably believes a person, including a minor (person under the age of 18),
is a significant danger to themselves or another person by having in their custody or control,
purchasing, possessing, accessing, receiving, or attempting to purchase or receive a firearm may
request permission from the officer's supervisor to petition the court for an extreme risk protection
order (RCW 7.105.100).
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339.4.1 REQUIREMENTS OF PETITION
An application for an extreme risk protection order should be prepared, filed, and served consistent
with state law and the procedures developed by the extreme risk protection order coordinator
(RCW 7.105.100; RCW 7.105.105; RCW 7.105.110).
Officers petitioning the court shall use any standard petition, order, and confidential party
information forms created by the administrative office of the courts (RCW 7.105.105).
The petition shall (RCW 7.105.100; RCW 7.105.105; RCW 7.105.110):
(a) Allege that the person poses a significant danger of causing personal injury to
the person or others by having in the person's control or custody, purchasing,
possessing, accessing, receiving, or attempting to purchase or receive a firearm and
be accompanied by the confidential party form and declaration signed under penalty
of perjury that provides the specific statements and circumstances for which relief is
sought.
(b) Identify the number, types, and locations of any firearms that the [officer_ deputy]
believes to be owned, possessed, accessed, controlled, or in the custody of the
person.
(c) Identify any other known existing protection orders governing the person.
(d) Identify, if reasonably identifiable, any pending lawsuits, complaints, petitions, or other
action between the person and the Port Orchard Police Department.
(e) Include an attestation that the officer provided notice of the intent to seek the order
to a family or household member of the person and to any third party who the officer
reasonably believes may be at risk of violence, or an attestation to the steps that will
be taken to provide this notice.
An officer may also seek an ex parte extreme risk protection order, without notice to the person, by
including in the petition detailed allegations based on personal knowledge that the person poses
a significant danger of causing personal injury to the person or others in the near future by having
in the person's custody or control, purchasing, possessing, accessing, receiving, or attempting to
purchase or receive a firearm. If necessary, the ex parte order may be obtained from an on -call,
after-hours judge using the same procedures for after-hours search warrants (RCW 7.105.110).
339.4.2 NOTICE TO PERSONS AT RISK
When a member petitions for an extreme risk protection order, the member shall make a good -
faith effort to provide notice to an intimate partner or family or household member of the person
and to any known third party who the member reasonably believes may be at risk of violence.
The notice shall state the intention to seek an extreme risk protection order or that the order has
already been sought and include referrals to appropriate resources, including behavioral health,
domestic violence, and counseling (RCW 7.105.110).
339.5 SERVICE OF ORDERS
Service of orders should be made in accordance with the agency protocols.
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Personal service of orders shall include copies of all forms with the exception of the confidential
party information form completed by the protected party and the proof of service form (RCW
7.105.155).
Service of orders should take precedence over the service of other orders, except for orders of
a similar emergency nature (RCW 7.105.155).
339.5.1 PERSONAL SERVICE REQUIREMENTS
When personally serving an order, including an ex parte order, the first attempt to serve an
extreme risk protection order should be made within 24 hours after receipt from the court unless
an emergency situation renders the service infeasible. If an emergency situation prevents a first
attempt at service within 24 hours, service shall be attempted as soon as possible. If the first
attempt is unsuccessful, at least two additional attempts should be made. If the order is issued
against a minor under the age of 18, officers shall also make reasonable efforts to serve a copy
of the order on the parent or guardian of the minor at the address where the minor resides, or
the Department of Children, Youth, and Families in the case where the minor is the subject of a
dependency or court approved out -of -home placement. A minor shall not be served at the minor's
school unless no other address for service is known. All attempts at service must be documented
on a proof of service form and submitted to the court in a timely matter (RCW 7.105.150; RCW
7.105.155; RCW 7.105.330(5)).
If personal service is not completed within 10 days, the officer should notify the petitioner, attempt
to gain new information sufficient to permit service, and continue to attempt service unless
otherwise notified by the court. If the petitioner is unable to provide a service address or there is
evidence that the person is evading service, the officer shall use law enforcement databases to
assist in locating the person. If service is not successful, all service attempts shall be documented
on the proper form and submitted to the Police Services Coordinator for filing with the court (RCW
7.105.155).
If the protected person is present when service is attempted, the officer should take reasonable
steps to separate the protected person before completing service or inquiring about any firearms
(RCW 7.105.155).
339.5.2 SAFETY CONSIDERATIONS
Upon receipt of extreme risk protection order, the operations director or the authorized designee
should evaluate the circumstances of the order and consider what precautions are appropriate
for service of the protection order.
When appropriate based on the circumstances and department procedures, service of an order
should be executed pursuant to the Operations Planning and Deconfliction Policy.
At least two officers should be present when an order is being served.
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339.5.3 SURRENDER OF PROHIBITED ITEMS
The officer serving any extreme risk protection order, including an ex parte order, shall (RCW
7.105.340):
(a) Request that any firearms and any concealed pistol license be immediately
surrendered, and issue a receipt for the surrendered items.
1. The officer should ensure the original receipt is forwarded to the Police Services
Coordinator.
(b) Take into custody any firearms discovered in plain view or pursuant to consent or other
lawful search.
(c) As soon as practicable, but by the end of the officer's shift, submit the proof of service
to the Police Services Coordinator.
All firearms collected shall be handled and booked in accordance with the Property and Evidence
Policy.
339.6 SEARCH WARRANTS
If a person who has been served with an extreme risk protection order refuses to surrender any
firearm, the officer should consider whether to seek a search warrant. If a search warrant is to
be obtained, the preparation and service of the search warrant shall be done in accordance with
the Warrant Service Policy.
339.7 POLICE SERVICES COORDINATOR RESPONSIBILITIES
The Police Services Coordinator is responsible for ensuring that:
(a) Orders received from the court are entered into the national instant criminal
background check system or any other federal or state computer -based system used
by the Department that identifies prohibited purchasers of firearms, and into any other
computer -based criminal intelligence information systems used by the Department
that lists outstanding warrants (RCW 7.105.350).
(b) The original receipt of surrendered firearms is filed with the court within 72 hours of
service of an extreme risk protection order. A copy of the receipt shall also be properly
maintained by the Department (RCW 7.105.340).
(c) Any proofs of service for notices or orders are filed with the court.
(d) Expired or terminated orders entered into computer -based systems by the Department
are removed (RCW 7.105.350).
(e) Orders that could not be personally served should be returned to the issuing court on
the next judicial day following the last service attempt (RCW 7.105.155).
1. The return should be made on the appropriate form and include the reason that
service was unsuccessful.
339.8 COURT -ORDERED FIREARMS SURRENDERS
Authorized members should accept firearms and a concealed pistol license from any person who
is the subject of an extreme risk protection order. The member receiving any firearm shall:
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(a) Record the person's name, address, and telephone number.
(b) Record the serial number of the firearm.
(c) Prepare an incident report and property report.
(d) Provide a property receipt to the person who surrendered the firearms (RCW
7.105.340).
1. The original receipt is to be forwarded to the Police Services Coordinator.
(e) Package and submit the firearms in accordance with the Property and Evidence Policy.
339.9 ORDERS TO SHOW CAUSE
When the Department receives notice from the court of an order to show cause, the General
Investigations Unit supervisor should consult with legal counsel, as appropriate, to address any
requirements involving the Department, including the following (RCW 7.105.340):
(a) Fulfilling any additional service requirements for the order to show cause
(b) Providing the court a complete list of firearms surrendered by the person pursuant to
the extreme risk protection order that are in the possession of the Department
(c) Providing the court with verification that any concealed pistol license was surrendered
by the person pursuant to the extreme risk protection order and that the agency with
authority to revoke the license has been notified
(d) Filing an affidavit with the court where there is reasonable suspicion that the person
who is subject to the extreme risk protection order is not in full compliance with the
terms, including the basis for the belief
339.10 RELEASE OF FIREARMS
Firearms that were taken into custody or surrendered pursuant to an extreme risk protection order
should be returned to the restrained person upon the expiration of the order, in accordance with
the Property and Evidence Policy (RCW 7.105.345).
339.11 STANDARD FOR ARREST
When an officer has confirmed that a valid extreme risk protection order exists and has probable
cause to believe the person has knowledge of the order and violated that order, the officer shall
make an arrest and take the person into custody (RCW 10.31.100).
339.12 RENEWAL OF EXTREME RISK PROTECTION ORDER
The General Investigations Unit supervisor is responsible for review of an extreme risk protection
order obtained by the Department, to determine if renewal should be requested within the time
prescribed by law (RCW 7.105.410).
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Policy Manual
Transports
340.1 PURPOSE AND SCOPE
This policy establishes policies and procedures for the transportation of persons in police custody.
340.2 ROUTINE TRANSPORTS
Circumstances will arise which will require an alternative course of action. However, under normal
circumstances, officers will:
(a) Transport no more than two persons in a police vehicle. Only one violent prisoner
should be transported in a police vehicle.
(b) Secure all persons in a seatbelt in an upright position.
(c) Drive in a manner which minimizes discomfort to passengers.
(d) Not leave the vehicle unattended while persons in custody are being held inside.
(e) Not engage in personal activities (lunch, coffee, etc.) while persons in custody are
being held inside.
(f) Deliver person(s) in custody to the intended destination without delay and by the most
direct route.
(g) Notify the dispatcher and note the times of arrest, departure from the arrest scene,
arrival at the destination, and return to service.
(h) Give odometer mileage to Kitsap 911 at the beginning and end of a transport involving
a person of the opposite gender.
(i) When possible, prisoners will be transported in patrol vehicles with closed and secured
security barriers between the front and rear seats. The partition shall be closed and
secured any time the officer is not with the vehicle. If circumstances require the use
of an unmarked vehicle without a security barrier to transport a prisoner, two officers
should be present. The passenger officer must remain vigilant, focusing his or her
attention on the passenger throughout the transport.
(j) Two officers should be present when transporting a victim or witness of the opposite
gender, or who is a juvenile, in a vehicle without a security barrier (i.e. detectives).
The second officer may follow behind the transporting officer in another vehicle, or
ride in the transporting vehicle. Deviation from this two -officer requirement requires
supervisory approval.
340.2.1 TRANSPORT INTERRUPTIONS
The primary duty of the transporting officer is the safe delivery of the prisoner in his/her care and
the safekeeping of their property. Therefore, the officer should not stop to render law enforcement
assistance to third parties along the route except under emergency conditions where grave risk
to third parties is clear and the risk to the prisoner is minimal. Should the officer decide to stop,
Kitsap 911 will be immediately advised via radio.
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340.2.2 DETECTIVE TRANSPORTS
Unmarked vehicles may be used for transporting individuals who have been arrested by detectives
when the arrested subject is non -combative, handcuffed, and seat -belted into the vehicle and
a second officer is riding in the back. If more than one subject needs to be transported, or if
the arrestee is combative, only vehicles with the appropriate screen between the passenger and
operator compartments will be utilized. Detectives may appropriately transport witnesses and
victims at their discretion.
340.3 TRANSPORTING SICK, INJURED, OR DISABLED PRISONERS
(a) If a prisoner becomes sick or is injured incident to arrest and is in need of medical
treatment, the arresting officer shall seek medical treatment for the prisoner at that
time. Prisoners with life threatening medical conditions or injuries must be transported
to a medical facility by ambulance. In such instances, an officer may be designated
to accompany the prisoner during transport to follow the ambulance in a patrol
car. The need for restraining devices will be determined upon consultation with the
medical personnel providing the immediate treatment of the prisoner. If a prisoner
is transported to a medical facility, a supervisor should be advised as soon as
practicable.
(b) Disabled or handicapped prisoners may require special procedures. The transporting
officer shall:
1. Make every legally required effort to ensure that any special equipment or
medicine required by the prisoner is transported along with the prisoner.
2. Request assistance when needed in order that the transport may be completed
in a manner that is safe for the prisoner and the officer.
3. Specially equipped vehicles may be requested to transport handicapped
persons whose condition prohibits transport in police vehicles. When feasible,
these arrangements will be made prior to the arrest taking place.
4. The application of restraint devices on a handicapped prisoner is governed
by the subject's physical capabilities, seriousness of the charge, and the
threat level of the prisoner. Officers will use discretion and sound judgment
when determining whether restraining devices are necessary for physically
handicapped prisoners.
340.4 SEARCHES
(a) Officers shall conduct a thorough search of a prisoner incident to arrest. In addition,
any officer who is accepting responsibility for a prisoner shall conduct a thorough
search of the prisoner. If exigent circumstances require the quick removal of a prisoner
from a scene, this search may consist of a quick pat -down for weapons. A more
thorough search will be conducted after moving a safe distance from the original
scene.
(b) Officers are to conduct a thorough search of the interior of their police vehicle prior to
and after any non -police personnel have been inside the vehicle.
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340.5 DESTINATION PROCEDURES
Once the transporting officer(s) arrive at a destination in which they plan to transfer custody of the
prisoner being transported, the following procedures are to be followed:
(a) All firearms shall be secured in a lockbox designated for firearms or in a secured area
of the patrol vehicle for safe keeping, per the receiving agency's procedures.
(b) Request the receiving officer search the prisoner prior to taking custody.
(c) Restraints will be removed in the presence of the receiving agency's staff.
(d) Deliver all documentation required by the receiving agency's staff.
(e) Advise receiving personnel of any potential medical or security concerns or hazards
posed by the prisoner.
340.6 EXTRADITIONS
(a) Transporting personnel shall maintain visual contact with all prisoners in their custody.
To accomplish this, all extraditions shall be completed with a minimum of two officers.
(b) Officers transporting a prisoner by vehicle should not stop unless providing a meal
break, restroom break, or when an emergency exists such as circumstances are such
that a failure to intervene may result in the severe injury or death to any person.
1. Prisoners will be given the opportunity to use the restroom facilities prior to
beginning the trip. If it becomes necessary to stop for a restroom break during
the transport, a safe place such as a law enforcement or correctional facility
should be used when possible.
2. The restroom will be inspected prior to use by the prisoner. In those instances
where the employee and prisoner are of the same sex, the employee will remain
with the prisoner.
3. When the prisoner is of the opposite sex, the transporting officer will request
an appropriate employee of the law enforcement agency being visited to
accompany the prisoner. If a public restroom must be used, the transporting
officer will take appropriate precautions to ensure the security of the public and
the prisoner.
4. During extraditions, transporting personnel will provide prisoners with meals
dependent on the length of the trip.
(c) All out-of-state extraditions will be approved by the Deputy Chief and scheduled by
the General Investigations Unit supervisor.
1. Upon notification of the pending transport, the General Investigations Unit
supervisor will:
(a) Confer with the prosecutor's office to determine if the case is still viable
(victim, witnesses, evidence still available).
(b) Determine if the transport will be made by air travel, vehicle, or other
transport arrangements.
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2. Once the determination has been made of how the prisoner will be transported,
along with how many personnel will complete the transport, the General
Investigations Unit supervisor or designee will complete a transport schedule.
This transport schedule will include all travel directions, whether a flight plan or
road travel plans.
3. Only personnel that have had appropriate training will be permitted to transport
by air travel.
4. Transporting personnel will carry a certified copy of all warrants, a certified copy
of the warrant to convey and/or a copy of the Governor's Warrant, along with
available information pertaining to the correct identity of the prisoner in question.
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Range Facilities
341.1 PURPOSE AND SCOPE
The Port Orchard Police Department operates a non-public firearms range for the purpose of
training sworn officers and maintaining proficiency in the use of firearms and tactics. This policy
provides rules and procedures for the use and maintenance of the range.
341.2 USE OF THE DEPARTMENT RANGE
The use of the Department range shall be limited to the sworn personnel of the Port Orchard
Police Department unless authorized by the Chief of Police or designee.
The Department may allow, lease, or otherwise enter into agreements with any federal, state,
county, or municipal law enforcement agency for use of the range facilities. No outside agency
officers may use the range without an interdepartmental contract or without having first signed a
written Agreement and Release.
During training events, the Department range shall only be operated with the presence of the
appropriate number of Department -approved range instructors and/or range safety officers.
Officers of the Department may use the range while off -duty and outside of scheduled training
events after receiving authorization from command staff and after checking the range schedule
for conflicts with other organizations using the range. Such use will be voluntary, on the officer's
own time, and officers must have a signed Agreement and Release on file with the Department.
A minimum of two officers must be present to operate the range.
341.3 RANGE SAFETY
It is the responsibility of ALL personnel to commit to the safe use of the range.
1. Don't point your firearm at anything you are not willing to destroy.
2. Treat all firearms as if they were loaded.
3. Keep your finger off the trigger until you are ready to fire.
4. Be certain of your target and what lies beyond.
2. All personnel shall wear body armor at all times while shooting is in progress.
3. All personnel shall wear hearing and eye protection at all times while shooting is in
progress.
4. Appropriate attire is required while using the range facilities. Appropriate attire includes
long pants and closed -toed shoes or boots. Hats with brims are strongly encouraged.
Officers in training should be attired in the uniform and equipment they wear while
on -duty.
5. Loaded firearms shall remain holstered except on the designated firing line.
6. Firearms shall remain pointed downrange at all times when unholstered.
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7. Officers shall load and unload their weapons in a safe manner with the weapon pointed
downrange or into a clearing barrel.
8. Food, beverages, tobacco, and gum are prohibited on the range to minimize possible
lead exposure.
9. Routine safety inspections will be conducted by the Range Master or a designated
Firearms instructor. Failure to follow range safety rules may result in immediate
expulsion from the range and/or discipline. Pertaining to range/firearms safety, the
Range Master or designee shall have complete authority over personnel using the
range facility, regardless of rank or assignment.
341.4 GENERAL RANGE RULES
When not in use, the range gate, buildings, and storage facilities shall be locked.
2. All range regulations shall be complied with at all times.
3. Any damage or malfunction of range equipment shall be reported immediately to the
Range Master.
4. No fires will be allowed.
5. Upon completion of any sessions, all targets or materials used shall be returned to
their proper storage locations.
6. Any injury incurred while using the range shall immediately be reported to the Range
Master and Deputy Chief.
7. Officers are responsible for cleaning and securing the range at the end of any training
session.
8. Any unusual activities or incidents must be reported to the Range Master.
341.5 AUTHORIZED USERS
Due to the inherent risks associated with shooting ranges and firearms training, only personnel
who are required to perform such lines of work in the performance of their duties are authorized to
use the Department's range facilities. The following persons are the only participants authorized
to participate in firearms training at the range:
(a) Port Orchard Police Officers, active and reserve.
(b) Retired officers obtaining their LEOSA certification.
(c) Outside agency personnel using the range in conjunction with a signed usage contract
with the City of Port Orchard.
(d) Outside agency personnel training with Port Orchard Police Officers, provided they
have signed an Agreement and Release.
341.6 MEDICAL PLAN
A thorough medical evacuation plan will be kept at the range near the emergency medical bag.
The medical treatment and evacuation plan for injuries sustained during training will be briefed
during the Range Safety Brief. Emphasis will be placed on the actions required to provide aid and
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assistance to any person who may be injured during training. It is the responsibility of Firearms
Instructors or Range Safety Officers (RSO) to ensure all persons are familiar with the locations of
first aid equipment, communications equipment, and all evacuation routes.
In the event of a serious injury or fatality, all range operations will be terminated; the care of the
injured and security of the incident shall become the priority. The following actions shall be strictly
adhered to if there is an incident at the range facility:
1. The Firearms Instructor or RSO will call "Cease Fire" and ensure all personnel make
safe all firearms.
2. The Firearms Instructor or RSO will take charge of the scene, assign personnel to
assist, and immediately initiate care for the injured.
3. The Firearms Instructor or designee will initiate a call to Kitsap-911 for assistance,
providing the nature of the injury, condition of the injured, what medical assistance is in
progress, and any additional information that will assist emergency medical services.
4. The person contacting Kitsap-911 will jointly evaluate the need to await an EMS
response or evacuate the injured person to the hospital. Factors to consider are vehicle
access, condition of the injured, treatment being provided to the injured, and response
time of EMS.
5. The Firearms Instructor shall clear the range area and secure the incident site.
6. Once the injured has been evacuated and the scene secured, the Firearms Instructor
shall make notifications to the on -duty supervisor and command staff.
341.7 AUTHORIZED FIREARMS AND AMMUNITION
All firearms and ammunition shall be inspected to ensure they are safe to use, serviceable, and
the proper type of caliber authorized to fire on the Department's range. The Range Master is
responsible for ensuring all firearms and ammunition are within the guidelines established.
The following restrictions on firearms and ammunition apply to all users while on the Department's
range:
(a) Only factory loaded ammunition is permitted.
(b) Ammunition other than Department -approved calibers is prohibited.
(c) Armor -piercing, incendiary, and tracer ammunition is prohibited.
(d) Black powder rifles are not authorized.
(e) The use of Sound Flash Distraction Devices (SFDD), chemical agents, incendiary
devices, smoke and/or gas devices is not authorized.
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Community Health Navigator
342.1 PURPOSE AND SCOPE
The Port Orchard Police Department Community Health Navigator connects individuals with
behavioral health needs to available services and resources. The Navigator may accompany first
responders to calls involving behavioral health issues when they occur and/or provide outreach to
individuals after contact with first responder services. Navigators perform outreach to individuals
who are at risk of entering or who have entered the criminal justice system. Navigators share
information with first responders that may assist them in the field.
Navigators will not provide assessments, case management, or clinical services. Nothing in this
program description and/or policies are to supersede officer safety tactics, the policies of the Port
Orchard Police Department and its regional partners, or legal boundaries.
342.2 GOALS
The goals of the Community Health Navigator are to:
• Connect individuals with behavioral health issues experiencing crisis or at risk of crisis
to social services and treatment.
• Connect individuals with behavioral health issues who are at risk of arrest or who have
been arrested to social services and treatment.
• Reduce first responder time spent with behavioral health -related calls.
• Provide prosecutors with resource information relevant to diversion agreements.
• Improve behavioral health services by identifying treatment gaps in the county and
promoting new approaches.
Behavioral health disorders take many forms. Specific challenges are not necessarily isolated
from each other and often present themselves as co-occurring issues.
342.3 DEFINITIONS
For the purposes of this policy:
Behavioral Health: includes mental health, substance abuse disorders and conditions, and
benefits related to treatment. (WAC 182-538C-050)
Behavioral Health Crisis: an actual or perceived urgent or emergent situation that occurs when
(a) an individual's stability or functioning is disrupted; and (b) there is an immediate need to resolve
the situation to prevent (i) a serious deterioration in the individual's mental or physical health; or
(ii) the need for referral to a significantly higher level of care.
Behavioral Health Issues: (BHI) refers to behavior that suggests sensory, mental, or physical
impairment as a result of mental illness and/or co-occurring issues.
Crisis Intervention Officer: (CIOs) are officers and deputies in Kitsap County who are designated
by their agency in accordance with state law and department policies as being certified CIOs.
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Mental Health Professional: (MHP) (as defined by WAC 182-538A-050) means a psychiatrist,
psychologist, psychiatric nurse, social worker or other mental health professionals.
Community Health Navigator: an individual with professional experience working with people
with BHI who assists first responders by connecting people to behavioral health resources and
other services. Navigators also work with family members of people with BHI, caregivers, service
providers, prosecutors, defense attorneys, and court personnel to share resource information and
promote access to care. Navigators do not perform mental health treatment services, are not
medical providers, and do not perform assessments or provide clinical services.
Navigator Team: consists of the Community Health Navigator, participating Crisis Intervention
Officers, and other participating first responder organizations.
342.4 REFERRALS TO COMMUNITY HEALTH NAVIGATOR
First responders are encouraged to refer individuals directly to the Navigator, both to connect them
to services and share information that may improve access to care.
Navigators will follow up on all referrals within 48 business hours of receipt of the referral. It is
preferable that referrals to the Navigator be submitted via the case management system. First
responders may also request assistance from the Navigator in person, by phone, or via email.
The email should only include (i) Case number and (ii) Indication of Time Sensitivity (if relevant);
no other identifying information should be sent via email.
342.5 REPORTING
Navigators will document all their outreach, follow-up, and other contacts as supplemental reports
in the case management system. The supplemental reports will correspond with the original report
that generated the referral. Referrals from outside first responder agencies will generate an original
report. All documentation will be completed with 48 business hours of the contact.
Navigators will not record or retain health care information from health care providers or from third -
party sources (ie... family).
Navigators will notify the WA State Department of Social and Health Services (DSHS) when there
is reasonable cause to believe that abandonment, abuse, financial exploitation, and/or neglect of
a vulnerable adult has occurred. Navigators will also communicate the reported situation to the
on -duty patrol supervisor.
Navigators will notify the WA State Department of Children, Youth and Families, Child Protective
Services (CPS) when there is reasonable cause to believe that abuse or neglect of a child has
occurred. Police Navigators will also communicate the reported situation to the on -duty patrol
supervisor.
Navigators will be required to fully cooperate with law enforcement agency personnel and
prosecutors in the event the Navigator is a witness or obtains information necessary for the
identification, apprehension, and prosecution of any person involved in a crime while providing
services pursuant to this policy.
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342.6 COMMUNICATION AND INFORMATION SHARING
Navigators will have access to police records only within CJIS secured locations while working
within program police agencies. Navigators will only access those records which are directly
relevant to their work, will not access such records from non-CJIS secured locations, and are
prohibited from removing such records from their secured locations.
342.7 OUTREACH
Navigators may respond to dispatched calls with first responders, accept referrals for outreach
from partnered first responder agencies and/or the prosecutor.
When partnered in the field, Navigators will request that first responders call in to Kitsap 911 with
their Unit Number and Designator.
In their effort to connect individuals to services and support continuity of care, Navigators may
meet with inmates at the Kitsap County Jail. Navigators will advise the Lieutenant on duty at the
Kitsap County Jail prior to any visit with an inmate. All Navigators will receive jail security training
and all visits will follow jail protocol. Meeting locations will be determined by corrections officers.
No outreach will be done in private homes or remote locations without a law enforcement officer
present.
Navigators may work in partnership with other agencies and service providers if approved by the
Chief of Police or designee.
342.8 UNIFORM STANDARDS
Navigators shall be readily identifiable as a non-commissioned member (uniform jacket,
department identification and ballistic vest) anytime they are with a first responder, making
contacts in the field, or at any other time the Navigator and/or first responder determine that a
significant safety concern exists.
It is also understood that certain contacts made by the Navigators may be more effective when
they are not readily identifiable as a service provider. In these cases, Navigators are permitted
to use discretion on their appearance after a consultation to assess the potential for danger has
occurred with a law enforcement officer.
342.9 PUBLIC RECORDS AND RECORDS RETENTION
Records maintained by the Community Health Navigator are subject to the Washington State
Public Records Act (Chapter 42.56 RCW) and Washington State record retention laws. Records
will be maintained, prepared, and released in accordance with Washington State law, along with
City of Port Orchard and the Port Orchard Police Department policies and procedures. Records
requests for Community Health Navigator records shall be directed to the City of Port Orchard
Public Records Officer.
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Tire Deflation Devices
343.1 PURPOSE AND SCOPE
This policy provides guidelines for the deployment of tire deflation devices in circumstances not
involving a vehicle pursuit. Guidance for those instances may be found in the Vehicle Pursuit
policy.
343.1.1 DEFINITIONS
Tire deflation device - A device designed to puncture the tires of a vehicle.
343.2 OFFICER RESPONSIBILITIES
In limited circumstances, and with supervisory authorization, tire deflation devices may be used to
help prevent a stationary vehicle from fleeing. Officers should have clearly articulable reasonable
suspicion or probable cause to detain an occupant of the vehicle. When reasonable, officers
should advise the occupants of the vehicle of the placement and purpose of the device.
Officers will ensure the devices are deployed in a manner that:
Should reasonably only affect the intended vehicle.
2. Provides officers with an adequate means of escape should the vehicle attempt to flee.
3. Takes into account the limitations and risks of such devices.
4. Is consistent with department training in the use of tire deflation devices.
If a tire deflation device is deployed in a non -pursuable situation, officers and supervisors shall
not pursue the vehicle post -deployment.
Officers should carefully consider the limitations of these devices as well as the potential risks to
officers, the public, and the occupants of the vehicle. Only officers who have been trained in the
use of tire deflation devices are authorized to use them.
343.3 SUPERVISOR RESPONSIBILITIES
Available supervisory and management control will be exercised over all deployments of tire
deflation devices. Supervisors shall ensure all involved officers are made aware of the use of
the tire deflation device, and expectations should the vehicle flee. The supervisor will ensure the
devices are deployed in a manner consistent with this policy and department training.
343.4 REPORTING REQUIREMENTS
All appropriate reports shall be completed to comply with appropriate laws, policies, and
procedures. In addition to the officer's report, the supervisor shall promptly complete an internal
policy review (IR), briefly summarizing the circumstances necessitating the use of the tire deflation
device. This internal policy review shall include, at a minimum:
(a) Initial circumstances for the contact and alleged offenses.
(b) Involved officers.
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(c) Whether a suspect was apprehended, as well as the means and methods used.
Any use of force shall be reported and documented in compliance with the Use
of Force policy
(d) Arrestee information, if applicable.
(e) Any injuries and/or medical treatment.
(f) Any property or equipment damage.
(g) A preliminary determination that the deployment appears to be in compliance with this
policy or that additional review and/or follow-up is warranted.
After receiving copies of reports, logs, and other pertinent information, the Chief of Police or the
authorized designee shall conduct or assign the completion of a post -incident review.
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Chapter 4 - Patrol Operations
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Patrol Function
400.1 PURPOSE AND SCOPE
The purpose of this policy is to define the functions of the patrol unit of the Department to ensure
intra-department cooperation and information sharing.
400.1.1 FUNCTION
Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of Port
Orchard, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws
and respond to emergencies 24 hours per day seven days per week.
Patrol will generally provide the following services within the limits of available resources:
(a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions,
the maintenance of public order, and the discovery of hazardous situations or
conditions.
(b) Crime prevention activities such as residential inspections, business inspections,
community presentations, etc.
(c) Calls for service, both routine and emergency in nature.
(d) Investigation of both criminal and non -criminal acts.
(e) The apprehension of criminal offenders.
(f) Community Oriented Policing and Problem Solving activities such as citizen assists
and individual citizen contacts of a positive nature.
(g) The sharing of information between the Patrol and other division within the
Department, as well as other outside governmental agencies.
(h) The application of resources to specific problems or situations within the community,
which may be improved or resolved by Community Oriented Policing and problem
solving strategies.
(i) Traffic direction and control.
400.1.2 TERRORISM
It is the goal of the Port Orchard Police Department to make every reasonable effort to accurately
and appropriately gather and report any information that may relate to either foreign or domestic
terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to
be terrorism related and should document such incidents with a written report or Field Interview
(FI). The supervisor should ensure that all terrorism related reports and Fls are forwarded to the
General Investigations Unit Supervisor in a timely fashion.
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400.2 PATROL INFORMATION SHARING PROCEDURES
The following guidelines are intended to develop and maintain intra-department cooperation and
information flow between the various divisions of the Port Orchard Police Department.
400.2.2 CRIME REPORTS
A crime report may be completed by any patrol officer who receives criminal information. The
report will be processed and forwarded to the appropriate bureau for retention or follow-up
investigation.
400.2.4 CRIME INFORMATION
Criminal information and intelligence reports should be distributed to both divisions within the
Department through bulletins, as needed.
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Bias -Based Policing
401.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Port Orchard Police
Department 's commitment to policing that is fair and objective. Nothing in this policy prohibits
the use of specified characteristics in law enforcement activities designed to strengthen the
department's relationship with its diverse communities (e.g., cultural and ethnicity awareness
training, youth programs, community group outreach, partnerships) (RCW 43.101.410).
401.1.1 DEFINITIONS
Definitions related to this policy include:
Bias -based policing or improper profiling - An inappropriate reliance on actual or perceived
characteristics such as race, ethnicity, national origin (including limited English proficiency),
religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural
group, disability, or affiliation with any non -criminal group (protected characteristics) as the basis
for providing differing law enforcement service or enforcement.
401.2 POLICY
The Port Orchard Police Department is committed to providing law enforcement services to the
community with due regard for the racial, cultural or other differences of those served. It is the
policy of this department to provide law enforcement services and to enforce the law equally, fairly,
objectively and without discrimination toward any individual or group.
401.3 BIAS -BASED POLICING PROHIBITED
Bias -based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.
401.3.1 OTHER PROHIBITIONS
The Port Orchard Police Department also condemns the illegal use of an individual or group's
attire, appearance, or mode of transportation, including the fact that an individual rides a
motorcycle or wears motorcycle -related paraphernalia, as a factor in deciding to stop and question,
take enforcement action, arrest, or search a person or vehicle with or without a legal basis under
the United States Constitution or Washington State Constitution (RCW 43.101.419).
Additionally, members shall not collect information from a person based on religious belief,
practice, or affiliation unless permitted under state law. Members shall not (RCW 42.60.020; RCW
42.60.030):
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(a) Provide or disclose to federal government authorities personally identifiable
information about a person's religious belief, practice, or affiliation unless the member
is being questioned as a witness to a crime.
(b) Assist federal government authorities in compiling personal information about a
person's religious belief, practice, or affiliation.
(c) Investigate or enforce any requirement that a person register with the federal
government or a federal agency based on religion.
401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any suspected or known instances of bias -based policing to
a supervisor. Members should, when reasonable to do so, intervene to prevent any biased -based
actions by another member.
401.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact
independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field
interview (FI) card), the involved officer should include those facts giving rise to the contact, as
applicable.
Except for required data -collection forms or methods, nothing in this policy shall require any officer
to document a contact that would not otherwise require reporting.
401.4.2 REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall report any demographic information
required by the Department (RCW 43.101.410).
401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) Supervisors should periodically review portable audio/video recordings, Mobile
Computer Terminal (MCT) data and any other available resource used to document
contact between officers and the public to ensure compliance with this policy.
1. Supervisors should document these periodic reviews.
2. Recordings that capture a potential instance of bias -based policing should be
appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
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(d) Supervisors should take prompt and reasonable steps to address any retaliatory action
taken against any member of this department who discloses information concerning
bias -based policing.
401.6 STATE REPORTING
Subject to any fiscal constraints, the Operations Deputy Chief should review available data related
to traffic stops, including demographic data, existing procedures, practices, and training, as well
as complaints. The data should be analyzed for any patterns or other possible indicators of racial -
or bias -based profiling and included in an annual report for the Washington Association of Sheriffs
and Police Chiefs (WASPC) (RCW 43.101.410(3)).
401.7 ADMINISTRATION
The Operations Deputy Chief shall review the efforts of the Department to provide fair and
objective policing and submit an annual report, including public concerns and complaints, to the
Chief of Police. The annual report should not contain any identifying information about any specific
complaint, citizen, or officers. It shall be reviewed and approved by the Chief of Police to identify
any changes in training or operations that should be made to improve service.
Supervisors should review the annual report submitted to the WASPC and discuss the results with
those they are assigned to supervise.
401.7.1 INCIDENT REVIEW AND ANALYSIS
The annual report shall include a management review and analysis of bias -based profiling
incidents and should address any policy, procedure, training, and/or personnel issues identified
during the review process.
401.8 TRAINING
Training on fair and objective policing and review of this policy shall be conducted annually and
include (RCW 43.101.410):
(a) Explicit and implicit biases.
(b) Avoiding improper profiling.
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Crime and Disaster Scene Integrity
402.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance in handling a major crime or disaster.
402.2 POLICY
It is the policy of the Port Orchard Police Department to secure crime or disaster scenes so that
evidence is preserved, and to identify and mitigate the dangers associated with a major crime or
disaster scene for the safety of the community and those required to enter or work near the scene.
402.3 SCENE RESPONSIBILITY
The first officer at the scene of a crime or major incident is generally responsible for the immediate
safety of the public and preservation of the scene. Officers shall also consider officer safety and
the safety of those persons entering or exiting the area, including those rendering medical aid to
any injured parties. Once an officer has assumed or been assigned to maintain the integrity and
security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until
he/she is properly relieved by a supervisor or other designated person.
402.4 FIRST RESPONDER CONSIDERATIONS
The following list generally describes the first responder's function at a crime or disaster scene.
This list is not intended to be all-inclusive, is not necessarily in order and may be altered according
to the demands of each situation:
(a) Broadcast emergency information, including requests for additional assistance and
resources.
(b) Provide for the general safety of those within the immediate area by mitigating,
reducing or eliminating threats or dangers.
(c) Locate or identify suspects and determine whether dangerous suspects are still within
the area.
(d) Provide first aid to injured parties if it can be done safely.
(e) Evacuate the location safely as required or appropriate.
(f) Secure the inner perimeter.
(g) Protect items of apparent evidentiary value.
(h) Secure an outer perimeter.
(i) Identify potential witnesses.
0) Start a chronological log noting critical times and personnel allowed access.
402.5 SEARCHES
Officers arriving at crime or disaster scenes are often faced with the immediate need to search for
and render aid to victims, and to determine if suspects are present and continue to pose a threat.
Once officers are satisfied that no additional suspects are present and/or there are no injured
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persons to be treated, those exigent circumstances will likely no longer exist. Officers should
thereafter secure the scene and conduct no further search until additional or alternate authority
for the search is obtained, such as consent or a search warrant.
402.5.1 CONSENT
When possible, officers should seek written consent to search from authorized individuals.
However, in the case of serious crimes or major investigations, it may be prudent to also obtain
a search warrant. Consent as an additional authorization may be sought, even in cases where a
search warrant has been granted.
402.6 EXECUTION OF HEALTH ORDERS
Sworn members of this department shall enforce all lawful orders of the local health officer, issued
for the purpose of preventing the spread of any contagious, infectious or communicable disease
(RCW 70.05.070; WAC 246-100-040(2)).
402.7 DEPUTY CHIEF RESPONSIBILITIES
The Deputy Chief or designee is responsible for ensuring procedures are established that are
consistent with the Washington State Patrol Crime Laboratory Division Crime Scene Procedures
Manual, including, but not limited to:
(a) Ensuring reasonable access to qualified personnel, equipment and supplies for
processing crime scenes.
(b) Establishing procedures for collecting, processing and preserving physical evidence
in the field.
(c) Establishing procedures for photographing, video -recording and other imaging used
to collect and preserve evidence.
(d) Establishing procedures for processing, developing, lifting and labeling fingerprints.
(e) Establishing procedures for the safe collection, storage, transportation and submission
of biological and other evidence for DNA testing and evaluation.
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Policy Manual
Special Weapons and Tactics Team
403.1 PURPOSE AND SCOPE
This policy provides guidelines for the specialized support of the Special Weapons and Tactics
team (SWAT) in handling critical field operations where intense negotiations and/or special tactical
deployment methods beyond the capacity of field officers appear to be necessary.
403.1.1 SWAT TEAM DEFINED
A SWAT team is a designated unit of law enforcement officers that are specifically trained and
equipped to work as a coordinated team to resolve critical incidents that are so hazardous,
complex, or unusual that they may exceed the capabilities of first responders or investigative units
including, but not limited to, hostage -taking, barricaded suspects, snipers, terrorist acts and other
high -risk incidents. As a matter of department policy, such a unit may also be used to serve high -
risk warrants, both search and arrest, where public and officer safety issues warrant the use of
such a unit. SWAT may generally be divided into two complementary teams.
Negotiation Team - Officers who are specifically trained and equipped to provide skilled verbal
communications to de-escalate or effect surrender in situations where suspects have taken
hostages or barricaded themselves or are suicidal.
Tactical Team - Officers who are specifically trained and equipped to resolve critical incidents that
are so hazardous, complex, or unusual that they may exceed the capabilities of first responders
or investigators. This includes, but is not limited to, hostage -taking, barricaded suspects, snipers,
terrorist acts, or other high -risk incidents. A tactical team may also be used to serve high -risk
warrants, both search and arrest, where public and officer safety issues necessitate such use.
403.2 POLICY
It shall be the policy of this departmentto utilize the services of the Washington State Patrol SWAT
team when available to handle critical operations that are beyond the capability of field officers. At
the discretion of the Chief of Police, the department may utilize the services of other allied agency
tactical teams should the Washington State Patrol be unavailable or other unique circumstances
exist.
403.3 OPERATION GUIDELINES
The following are guidelines for the operational deployment of a SWAT team. Generally, the
tactical team and the negotiation team will be activated together. It is recognized, however, that the
teams may be activated independently as circumstances dictate. The tactical team may be used
in a situation not requiring the physical presence of the negotiation team, such as warrant service
operations. The negotiation team may be used in a situation not requiring the physical presence
of the tactical team, such as a suicidal person. Operational deployment of the specialized teams
shall be at the discretion of the SWAT commander.
403.3.1 APPROPRIATE USE
The following are examples of incidents which may result in the activation of the SWAT team:
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(a) Barricaded suspects who refuse an order to surrender.
(b) Incidents where hostages are taken.
(c) Individuals who are threatening suicide, have refused to surrender, and by their actions
are a risk to public safety.
(d) Arrests of potentially armed and dangerous persons.
(e) Any situation that could enhance the ability of the Department to preserve life, maintain
social order, and ensure the protection of property.
403.3.2 ON -SCENE DETERMINATION AND NOTIFICATION
The on -scene supervisor at the scene of a particular event shall be designated as the Incident
Commander and will assess whether the SWAT team should be consulted. With input from the
Incident Commander, the final determination will be made by the Chief of Police or the authorized
designee, who shall then make the request to WSP SWAT through Kitsap-911. If a SWAT team
response is approved, all coordination will be conducted between the Incident Commander and
the SWAT Commander or designated special team supervisor.
The on -scene supervisor shall advise the SWAT Commander with as much of the following
information which is available at the time:
(a) The type of crime involved.
(b) The number of suspects, identity, and criminal history.
(c) The known weapons and resources that are available to the suspect.
(d) If the suspect is in control of hostages and/or barricaded.
(e) Whether contact has been made with the suspect and whether there have been any
demands.
(f) If potential victims are still within the inner perimeter.
(g) If the suspect has threatened or attempted suicide.
(h) The location of the command post and a safe approach to it.
(i) The extent of any inner or outer perimeter and the number of officers involved.
0) Any other assets or resources at the scene including other involved agencies.
(k) Any consultation with the prosecutor's office for a search or arrest warrant.
(1) Any other important facts that are critical to the immediate situation.
403.3.3 FIELD PERSONNEL RESPONSIBILITIES
While waiting for the SWAT team to respond, field personnel should, if determined to be safe,
practical, and sufficient resources exist:
(a) Establish an arrest/response team in case the suspect takes action. The response
team's actions may include:
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1. Taking action to mitigate a deadly threat or behavior either inside or outside the
location.
2. Securing any subject or suspect who may surrender or attempt to escape.
(b) Evacuate any injured persons or citizens in the zone of danger.
(c) Evacuate or provide safety instructions to other people in the zone of danger.
(d) Establish an inner and outer perimeter.
(e) Establish a command post outside of the inner perimeter.
(f) Attempt to establish preliminary communication with the suspect. Once the SWAT
team has arrived, all negotiations should generally be halted to allow the negotiation
and tactical team time to set up.
(g) Plan for, and stage, anticipated resources.
403.3.4 ON -SCENE COMMAND RESPONSIBILITIES
The Incident Commander shall brief the SWAT Commander and appropriate team supervisors
about the situation. Upon review, it will be the SWAT Commander's decision, with input from
the Incident Commander, whether to deploy the SWAT team. Once the SWAT Commander
authorizes deployment, the SWAT Commander will be responsible for the tactical portion of the
operation. The Incident Commander shall continue supervision of the command post operation,
outer perimeter security, evacuation, media access, and any requested logistical support for the
SWAT team. The Incident Commander and the SWAT Commander (or his/her designee) shall
maintain communications at all times.
403.3.5 COMMUNICATION WITH SWAT MEMBERS
All persons who are non -SWAT members should refrain from any non -emergency contact
or interference with any member of the team during active negotiations. SWAT operations
require the utmost concentration by involved members and, as a result, no one should interrupt
or communicate with SWAT members directly. All non -emergency communications shall be
channeled through the negotiation team or tactical team supervisor or his/her designee.
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Policy Manual
Ride -Along Policy
404.1 PURPOSE AND SCOPE
The Ride -Along Program provides an opportunity for citizens to experience the law enforcement
function first hand. This policy provides the requirements, approval process, and hours of operation
for the Ride -Along Program.
404.1.1 ELIGIBILITY
The Port Orchard Police Department Ride -Along Program is offered on a limited basis to residents,
students, peace officer applicants, and those employed within the City. Every attempt will be made
to accommodate interested persons however any applicant may be disqualified without cause.
The following factors may be considered in disqualifying an applicant and are not limited to:
• Being under 18 years of age.
• Prior criminal history.
• Pending criminal action.
• Pending lawsuit against the Department.
• Denial by any supervisor.
404.1.2 AVAILABILITY
The Ride -Along Program is available on most days of the week, with certain exceptions. The
ride -along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as
approved by the Chief of Police, Deputy Chief, or Shift Supervisor.
404.2 PROCEDURE TO REQUEST A RIDE -ALONG
Generally, ride -along requests will be scheduled by the Patrol Sergeant. The participant will
complete a ride -along waiver form. Information requested will include a valid ID or Washington
driver's license, address, and telephone number. If the participant is under 18 years of age, a
parent/guardian must be present to complete the Ride -Along Form.
The Patrol Sergeant will schedule a date, based on availability, at least one week after the date
of application. If approved, a copy will be forwarded to the respective Shift Supervisor as soon as
possible for his/her scheduling considerations.
If the ride -along is denied after the request has been made, a representative of the Department
will contact the applicant and advise him/her of the denial.
404.2.1 PROGRAM REQUIREMENTS
Once approved, civilian ride-alongs will be allowed to ride no more than once every six months.
An exception would apply to the following: Cadets, Explorers, RSVP, Chaplains, Reserves, police
applicants, and all others with approval of the Shift Supervisor.
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An effort will be made to ensure that no more than one citizen will participate in a ride -along during
any given time period. Normally, no more than one ride -along will be allowed in the officer's vehicle
at a given time.
404.2.2 SUITABLE ATTIRE
Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or
jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not
permitted. Hats and ball caps will not be worn in the police vehicle. The Shift Supervisor or field
supervisor may refuse a ride along to anyone not properly dressed.
404.2.3 PEACE OFFICER RIDE-ALONGS
Off -duty members of this department or any other law enforcement agency will not be permitted to
ride -along with on -duty officers without the expressed consent of the Shift Supervisor. In the event
that such a ride -along is permitted, the off -duty employee shall not be considered on -duty and
shall not represent themselves as a peace officer or participate in any law enforcement activity
except as emergency circumstances may require.
404.3 OFFICER'S RESPONSIBILITY
The officer shall advise the dispatcher that a ride -along is present in the vehicle before going into
service. Officers shall consider the safety of the ride -along at all times. Officers should use sound
discretion when encountering a potentially dangerous situation, and if feasible, let the participant
out of the vehicle in a well -lighted place of safety. The dispatcher will be advised of the situation
and as soon as practical have another police unit respond to pick up the participant at that location.
The ride -along may be continued or terminated at this time.
The Patrol Sergeant is responsible for maintaining and scheduling ride-alongs. Upon completion
of the ride -along, the form shall be returned to the Patrol Sergeant with any comments which may
be offered by the officer.
404.4 CONTROL OF RIDE -ALONG
The assigned employee shall maintain control over the ride -along at all times and instruct him/her
in the conditions that necessarily limit their participation. These instructions should include:
(a) The ride -along will follow the directions of the officer.
(b) The ride -along will not become involved in any investigation, handling of evidence,
discussions with victims or suspects, or handling any police equipment.
(c) The ride -along may terminate the ride -along at any time and the officer may return the
observer to their home or to the station if the ride -along interferes with the performance
of the officer's duties.
(d) Ride-alongs may be allowed to continue riding during the transportation and booking
process provided this does not jeopardize their safety.
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(e) Officers will not allow any ride-alongs to be present in any residences or situations
that would jeopardize their safety or cause undue stress or embarrassment to a victim
or any other citizen.
(f) Under no circumstance shall a civilian ride along be permitted to enter a private
residence with an officer without the expressed consent of the resident or other
authorized person.
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Policy Manual
Hostage and Barricade Incidents
405.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for situations where officers have legal cause
to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of
the officers by remaining in a structure or vehicle and/or by taking a hostage.
The scope of this policy is not intended to address all variables that officers encounter during
their initial response or when a hostage or barricade situation has developed. This policy does
not require or purport to recommend specific strategies or tactics for resolution as each incident
is a dynamic and rapidly evolving event.
405.1.1 DEFINITIONS
Definitions related to this policy include:
Barricade situation - An incident where a person maintains a position of cover or concealment
and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is
armed with a dangerous or deadly weapon.
Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by
a hostage -taker as security so that specified terms or conditions will be met.
405.2 POLICY
It is the policy of the Port Orchard Police Department to address hostage and barricade situations
with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe
release of hostages, apprehending offenders and securing available evidence.
405.3 COMMUNICATION
When circumstances permit, initial responding officers should try to establish and maintain lines
of communication with a barricaded person or hostage -taker. Officers should attempt to identify
any additional subjects, inquire about victims and injuries, seek the release of hostages, gather
intelligence information, identify time -sensitive demands or conditions and obtain the suspect's
surrender.
When available, department -authorized negotiators should respond to the scene as soon as
practicable and assume communication responsibilities. Negotiators are permitted to exercise
flexibility in each situation based upon their training, the circumstances presented, suspect actions
or demands and the available resources.
405.3.1 EMERGENCY COMMUNICATIONS
A supervisor may order the telephone company to cut, reroute or divert telephone lines in order to
prevent a suspect from communicating with anyone other than designated personnel in a barricade
or hostage situation (RCW 70.85.100).
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405.4 FIRST RESPONDER CONSIDERATIONS
First responding officers should promptly and carefully evaluate all available information to
determine whether an incident involves, or may later develop into, a hostage or barricade situation.
The first responding officer should immediately request a supervisor's response as soon as it is
determined that a hostage or barricade situation exists. The first responding officer shall assume
the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer
shall continually evaluate the situation, including the level of risk to officers, to the persons involved
and to bystanders, and the resources currently available.
The handling officer should brief the arriving supervisor of the incident, including information about
suspects and victims, the extent of any injuries, additional resources or equipment that may be
needed, and current perimeters and evacuation areas.
405.4.1 BARRICADE SITUATION
Unless circumstances require otherwise, officers handling a barricade situation should attempt to
avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining
lines of communication while awaiting the arrival of specialized personnel and trained negotiators.
During the interim the following options, while not all-inclusive or in any particular order, should
be considered:
(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably
safe to do so. Request medical assistance.
(b) Assign personnel to a contact team to control the subject should he/she attempt to
exit the building, structure or vehicle, and attack, use deadly force, attempt to escape
or surrender prior to additional resources arriving.
(c) Request additional personnel, resources and equipment as needed (e.g., canine team,
air support).
(d) Provide responding emergency personnel with a safe arrival route to the location.
(e) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to
do so.
(f) Attempt or obtain a line of communication and gather as much information on the
subject as possible, including weapons, other involved parties, additional hazards or
injuries.
(g) Establish an inner and outer perimeter as circumstances require and resources permit
to prevent unauthorized access.
(h) Evacuate bystanders, residents and businesses within the inner and then outer
perimeter as appropriate. Check for injuries, the presence of other involved subjects,
witnesses, evidence or additional information.
(i) Determine the need for and notify the appropriate persons within and outside the
Department, such as command officers and the Public Information Officer.
Q) If necessary and available, establish a tactical or exclusive radio frequency for the
incident.
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(k) Establish a command post.
405.4.2 HOSTAGE SITUATION
Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor
of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage
negotiators. However, it is understood that hostage situations are dynamic and can require that
officers react quickly to developing or changing threats. The following options while not all-inclusive
or in any particular order, should be considered:
(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably
safe to do so. Request medical assistance.
(b) Assign personnel to a contact team to control the subject should he/she attempt to
exit the building, structure or vehicle, and attack, use deadly force, attempt to escape
or surrender prior to additional resources arriving.
(c) Establish a rapid response team in the event it becomes necessary to rapidly enter a
building, structure or vehicle, such as when the suspect is using deadly force against
any hostages (see the Rapid Response and Deployment Policy).
(d) Assist hostages or potential hostages to escape if it is reasonably safe to do so.
Hostages should be kept separated if practicable pending further interview.
(e) Request additional personnel, resources and equipment as needed (e.g., canine team,
air support).
(f) Provide responding emergency personnel with a safe arrival route to the location.
(g) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to
do so.
(h) Coordinate pursuit or surveillance vehicles and control of travel routes.
(i) Attempt or obtain a line of communication and gather as much information about
the suspect as possible, including any weapons, victims and their injuries, additional
hazards, other involved parties and any other relevant intelligence information.
Q) Establish an inner and outer perimeter as resources and circumstances permit to
prevent unauthorized access.
(k) Evacuate bystanders, residents and businesses within the inner and then outer
perimeter as appropriate. Check for injuries, the presence of other involved subjects,
witnesses, evidence or additional information.
(1) Determine the need for and notify the appropriate persons within and outside the
Department, such as command officers and the Public Information Officer.
(m) If necessary and available, establish a tactical or exclusive radio frequency for the
incident.
405.5 SUPERVISOR RESPONSIBILITIES
Upon being notified that a hostage or barricade situation exists, the supervisor should immediately
respond to the scene, assess the risk level of the situation, establish a proper chain of command
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and assume the role of Incident Commander until properly relieved. This includes requesting
a Crisis Response Unit response if appropriate and apprising the SWAT Commander of the
circumstances. In addition, the following options, listed here in no particular order, should be
considered:
(a) Ensure injured persons are evacuated and treated by medical personnel.
(b) Ensure the completion of necessary first responder responsibilities or assignments.
(c) Request crisis negotiators, specialized units, additional personnel, resources or
equipment as appropriate.
(d) Establish a command post location as resources and circumstances permit.
(e) Designate assistants who can help with intelligence information and documentation
of the incident.
(f) If it is practicable to do so, arrange for video documentation of the operation.
(g) Consider contacting utility and communication providers when restricting such
services (e.g., restricting electric power, gas, telephone service).
(h) Ensure adequate law enforcement coverage for the remainder of the City during the
incident. The supervisor should direct non -essential personnel away from the scene
unless they have been summoned by the supervisor or Kitsap 911.
(i) Identify a media staging area outside the outer perimeter and have the department
Public Information Officer or a designated temporary media representative provide
media access in accordance with the Media Relations Policy.
(j) Identify the need for mutual aid and the transition or relief of personnel for incidents
of extended duration.
(k) Debrief personnel and review documentation as appropriate.
405.6 SWAT RESPONSIBILITIES
It will be the Incident Commander's decision, with input from the SWAT Commander, whether to
deploy SWAT during a hostage or barricade situation. Once the Incident Commander authorizes
deployment, the SWAT Commander or the authorized designee will be responsible for the tactical
portion of the operation. The Incident Commander shall continue supervision of the command
post operation, outer perimeter security and evacuation, media access and support for SWAT.
The Incident Commander and the SWAT Commander or the authorized designee shall maintain
communications at all times.
405.7 REPORTING
Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the
scene is responsible for completion and/or coordination of incident reports.
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Policy Manual
Hazardous Material Response
406.1 PURPOSE AND SCOPE
Exposure to hazardous materials present potential harm to department members and the public.
This policy outlines the responsibilities of members who respond to these events and the factors
that should be considered while on -scene, including the reporting of exposures and supervisor
responsibilities.
406.1.1 DEFINITIONS
Definitions related to this policy include:
Hazardous material - A substance which, by its nature, containment and reactivity, has the
capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable,
reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly
managed.
406.2 POLICY
It is the policy of the Port Orchard Police Department to respond to hazardous material
emergencies with due regard for the safety of the public and those members responding to such
incidents.
406.3 HAZARDOUS MATERIAL RESPONSE
Members may encounter situations involving suspected hazardous materials, such as at the scene
of a traffic collision, chemical spill, or fire. When members come into contact with a suspected
hazardous material, certain steps should be taken to protect themselves and other persons.
The Washington State Patrol is the agency trained and equipped to properly respond to and
mitigate most incidents involving hazardous materials and biohazards.
Responders should not perform tasks or use equipment without proper training. A responder
entering the area may require decontamination before he/she is allowed to leave the scene, and
should be evaluated by appropriate technicians and emergency medical services personnel for
signs of exposure.
406.4 REPORTING EXPOSURE
Department members who believe that they have been exposed to a hazardous material shall
immediately report the exposure to a supervisor. Each exposure shall be documented by the
member in an incident report that shall be forwarded via chain of command to the Shift Supervisor
as soon as practicable. Should the affected member be unable to document the exposure for any
reason, it shall be the responsibility of the notified supervisor to complete the report.
Injury or illness caused or believed to be caused from exposure to hazardous materials shall be
reported the same as any other on -duty injury or illness in addition to a crime report or incident
report as applicable.
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406.4.1 SUPERVISOR RESPONSIBILITIES
When a supervisor has been informed that a member has been exposed to a hazardous material,
he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken
to mitigate the exposure or continued exposure.
To ensure the safety of members, PPE is available from supervisors. PPE items not maintained by
this department may be available through the appropriate fire department or emergency response
team.
406.5 CONSIDERATIONS
The following steps should be considered at any scene involving suspected hazardous materials:
(a) Make the initial assessment of a potentially hazardous material from a safe distance.
(b) Notify Kitsap 911, appropriate supervisors, the appropriate fire department and
hazardous response units.
1. Provide weather conditions, wind direction, a suggested safe approach route
and any other information pertinent to responder safety.
(c) Wear personal protective equipment (PPE), being cognizant that some hazardous
material can be inhaled.
(d) Remain upwind, uphill and at a safe distance, maintaining awareness of weather and
environmental conditions, until the material is identified and a process for handling
has been determined.
(e) Attempt to identify the type of hazardous material from a safe distance using optical
aids (binoculars or spotting scopes) if they are available. Identification can be
determined by:
1. Placards or use of an emergency response guidebook.
2. Driver's manifest or statements or shipping documents from the person
transporting the material.
3. Information obtained from any involved person with knowledge regarding the
hazardous material. Information should include:
(a) The type of material.
(b) How to secure and contain the material.
(c) Any other information to protect the safety of those present, the community
and the environment.
(f) Provide first -aid to injured parties if it can be done safely and without contamination.
(g) Make reasonable efforts to secure the scene and prevent access from unauthorized
individuals and to protect and identify any evidence.
(h) Begin evacuation of the immediate and surrounding areas, dependent on the material.
Voluntary evacuation should be considered; mandatory evacuation may be necessary
and will depend on the type of material.
(i) Establish a decontamination area when needed.
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Hazardous Material Response
Q) Activate automated community notification systems, if applicable.
(k) Dependent upon the substance and other specific conditions, consider initiating an
emergency public notification or evacuation. The decision to initiate public notifications
and/or evacuations shall be in accordance with the Kitsap County Department of
Emergency Management (KCDEM) procedures.
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Mobile Computer Terminal Use
407.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper access, use and application of
the Mobile Computer Terminal (MCT) system in order to ensure appropriate access to confidential
records from local, state and national law enforcement databases, and to ensure effective
electronic communications between department members and Kitsap 911.
407.2 POLICY
Port Orchard Police Department members using the MCT shall comply with all appropriate federal
and state rules and regulations and shall use the MCT in a professional manner, in accordance
with this policy.
407.2.1 EMERGENCY ACTIVATION OF MCT
If the emergency button is depressed on the MCT, the dispatcher will call the unit and check
status. If there is no emergency, then he/she should respond as such and all units will resume their
normal activity. If there is no response or the officer answers in some other way, the dispatcher
shall proceed as follows:
(a) If the unit is not on a call, send available units to assist in locating the unit transmitting
the emergency. Whenever a location is known, immediately dispatch the nearest
available in priority status.
(b) Notify the Shift Supervisor of the incident without delay.
Units not responding to the emergency shall refrain from transmitting on the radio unless they are
themselves handling an emergency.
407.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to messages accessed, transmitted,
received or reviewed on any department technology system (see the Information Technology Use
Policy for additional guidance).
407.3.1 MCT SECURITY
Employees are responsible for ensuring the security of the MCT against authorized use. If it is
believed that unauthorized use has occurred, the employee will immediately notify a supervisor
and document the incident in a memorandum.
Employees will not use any other employee's login name and/or password to log on to an MCT
unit. Employees will not give their passwords to any other persons to use nor will they leave the
password in any discernible written form on or near the MCT.
MCTs will be protected by approved security software that is maintained by Kitsap 911.
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Mobile Computer Terminal Use
407.3.2 CARE OF MCT
Foods and beverages are not to be placed on the MCT unit. Care is to be taken to ensure no food,
beverage, or other substances are dropped or spilled on any part of the MCT unit.
Devices such as pens/pencil, metal objects, etc. shall not be used on the touch screen of the
MCT. Only approved touch screen styluses or fingers can be used on the touch screen to avoid
scratches and damage.
407.3.3 AUTOMATIC VEHICLE LOCATING (AVL)
AVL allows dispatchers, other officers, and anyone viewing the MCT mapping function to view real
time tracking of the patrol unit. The AVL device will not be tampered with, unplugged, blocked,
or defeated for any reason, unless approved by a supervisor. Should an AVL-equipped vehicle
not appear on the map the supervisor shall inspect the malfunctioning vehicle and attempt to
determine the cause.
407.3.4 COMPUTER SETTINGS/SOFTWARE
All software and hardware installation, modification, or deletion shall be done by authorized
personnel. Users are not permitted to download or install software (i.e., games, music, screen
savers, wallpaper, etc.).
Department personnel shall not modify, add or delete any settings, components or files on the
MCT unless authorized to do so by the Deputy Chief or designee.
There may be circumstances when it is necessary for an employee to have access to a computer
software application not normally on the MCT in order to facilitate their assigned duties. When
this occurs, the Deputy Chief or designee must approve the loading of all software in writing. All
software must be fully licensed for use and free from viruses.
407.4 RESTRICTED ACCESS AND USE
MCT use is subject to the Information Technology Use and Protected Information policies.
Members shall not access the MCT system if they have not received prior authorization and the
required training. Members shall immediately report unauthorized access or use of the MCT by
another member to their supervisors.
Use of the MCT system to access law enforcement databases or transmit messages is restricted
to official activities, business -related tasks and communications that are directly related to the
business, administration or practices of the Department. In the event that a member has questions
about sending a particular message or accessing a particular database, the member should seek
prior approval from his/her supervisor.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any
other inappropriate messages on the MCT system is prohibited and may result in discipline.
It is a violation of this policy to transmit a message or access a law enforcement database under
another member's name or to use the password of another member to log in to the MCT system
unless directed to do so by a supervisor. Members are required to log off the MCT or secure
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the MCT when it is unattended. This added security measure will minimize the potential for
unauthorized access or misuse.
407.4.1 USE WHILE DRIVING
Use of the MCT by the vehicle operator should be limited to times when the vehicle is stopped.
Information that is required for immediate enforcement, investigative, tactical or safety needs
should be transmitted over the radio.
In no case shall an operator attempt to send or review lengthy messages while the vehicle is in
motion.
407.5 DOCUMENTATION OF ACTIVITY
Except as otherwise directed by the Shift Supervisor or other department -established protocol, all
calls for service assigned by a dispatcher should be communicated by voice over the police radio
and electronically via the MCT unless security or confidentiality prevents such broadcasting.
MCT and voice transmissions are used to document the member's daily activity. To ensure
accuracy:
(a) All contacts or activity shall be documented at the time of the contact.
(b) Whenever the activity or contact is initiated by voice, it should be documented by a
dispatcher.
(c) Whenever the activity or contact is not initiated by voice, the member shall document
it via the MCT.
407.5.1 STATUS CHANGES
All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the
police radio or through the MCT system.
Members responding to in -progress calls should advise changes in status over the radio to assist
other members responding to the same incident. Other changes in status can be made on the
MCT when the vehicle is not in motion.
407.5.2 EMERGENCY ACTIVATION
If there is an emergency activation and the member does not respond to a request for confirmation
of the need for emergency assistance or confirms the need, available resources will be sent to
assist in locating the member. If the location is known, the nearest available officer should respond
in accordance with the Officer Response to Calls Policy.
Members should ensure a field supervisor and the Shift Supervisor are notified of the incident
without delay.
Officers not responding to the emergency shall refrain from transmitting on the police radio until
a no -further -assistance broadcast is made or if they are also handling an emergency.
407.6 EQUIPMENT CONSIDERATIONS
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407.6.1 MALFUNCTIONING MCT
Any malfunctioning MCT should be removed from service and reported to the Kitsap 911 Help
Desk. No malfunctioning MCT should be used by an on -duty officer.
407.6.2 BOMB CALLS
When investigating reports of possible bombs, members should not communicate on their MCTs
when in the evacuation area of a suspected explosive device.
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Shift Sergeants
408.1 PURPOSE AND SCOPE
Each patrol shift must be directed by supervisors who are capable of making decisions
and communicating in a manner consistent with departmental policies, procedures, practices,
functions and objectives. To accomplish this goal, a Sergeant heads each watch.
408.2 DESIGNATION AS ACTING SHIFT SERGEANT
When a Sergeant is unavailable for duty as Shift Supervisor, in most instances the senior qualified
senior officer shall be designated as acting Shift Supervisor. This policy does not preclude
designating a less senior senior officer as an acting Shift Supervisor when operational needs
require or training permits.
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Crisis Intervention Incidents
409.1 PURPOSE AND SCOPE
This policy provides guidelines for interacting with those who may be experiencing a mental health
or emotional crisis. Interaction with such individuals has the potential for miscommunication and
violence. It often requires an officer to make difficult judgments about a person's mental state and
intent in order to effectively and legally interact with the individual.
409.1.1 DEFINITIONS
Definitions related to this policy include:
Person in crisis - A person whose level of distress or mental health symptoms have exceeded
the person's internal ability to manage his/her behavior or emotions. A crisis can be precipitated by
any number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circumstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.
409.2 POLICY
The Port Orchard Police Department is committed to providing a consistently high level of
service to all members of the community and recognizes that persons in crisis may benefit from
intervention. The Department will collaborate, where feasible, with mental health professionals to
develop an overall intervention strategy to guide its members' interactions with those experiencing
a mental health crisis. This is to ensure equitable and safe treatment of all involved.
409.3 SIGNS
Members should be alert to any of the following possible signs of mental health issues or crises:
(a) A known history of mental illness
(b) Threats of or attempted suicide
(c) Loss of memory
(d) Incoherence, disorientation or slow response
(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
(f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness
or guilt
(g) Social withdrawal
(h) Manic or impulsive behavior, extreme agitation, lack of control
(i) Lack of fear
Q) Anxiety, aggression, rigidity, inflexibility or paranoia
Members should be aware that this list is not exhaustive. The presence or absence of any of these
should not be treated as proof of the presence or absence of a mental health issue or crisis.
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409.4 CRISIS INTERVENTION OFFICERS
The Port Orchard Police Department has several officers who have successfully completed a
comprehensive 40-hour Crisis Intervention course. This training provides law enforcement officers
skills to effectively deal with a person suffering from a possible mental health related crisis
situation.
When available, these Crisis Intervention Officers will respond to calls for service that indicate a
person may be experiencing a crisis and is suffering from mental illness. At the scene, the CIO has
the primary responsibility, unless otherwise directed from a supervisor, to use their specialized
training and tactics in order to attempt to de-escalate the crisis.
In addition to standard police reports, the CIO will complete any documentation required for the
collection of data regarding police response to mental health related crisis situations.
409.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS
The Deputy Chief should designate the appropriate member to collaborate with mental health
professionals to develop an education and response protocol. It should include a list of community
resources, to guide department interaction with those who may be suffering from mental illness
or who appear to be in a mental health crisis.
409.6 FIRST RESPONDERS
Safety is a priority for first responders. It is important to recognize that individuals under the
influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a
mental health crisis. These individuals may still present a serious threat to officers; such a threat
should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an
officer's authority to use reasonable force when interacting with a person in crisis.
Officers are reminded that mental health issues, mental health crises and unusual behavior alone
are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.
Consider contacting a Crisis Intervention Officer. If no Port Orchard Police Department CIO is
available, check with Kitsap 911 for other agency availability.
An officer responding to a call involving a person in crisis should:
(a) Promptly assess the situation independent of reported information and make a
preliminary determination regarding whether a mental health crisis may be a factor.
(b) Request available backup officers and specialized resources as deemed necessary
and, if it is reasonably believed that the person is in a crisis situation, use conflict
resolution and de-escalation techniques to stabilize the incident as appropriate.
(c) If feasible, and without compromising safety, turn off flashing lights, bright lights or
sirens.
(d) Attempt to determine if weapons are present or available.
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(e) Take into account the person's mental and emotional state and potential inability to
understand commands or to appreciate the consequences of his/her action or inaction,
as perceived by the officer.
(f) Secure the scene and clear the immediate area as necessary.
(g) Employ tactics to preserve the safety of all participants.
(h) Determine the nature of any crime.
(i) Request a supervisor, as warranted.
(j) Evaluate any available information that might assist in determining cause or motivation
for the person's actions or stated intentions.
(k) If circumstances reasonably permit, consider and employ alternatives to force.
409.7 DE-ESCALATION
Officers should consider that taking no action or passively monitoring the situation may be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety concerns
have been addressed, responding members should be aware of the following considerations and
should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person's name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non -threatening manner.
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person's verbal
communication).
• Provide for sufficient avenues of retreat or escape should the situation become volatile.
Responding officers generally should not:
• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice or use threats to obtain compliance.
409.8 INCIDENT ORIENTATION
When responding to an incident that may involve mental illness or a mental health crisis, the
officer should request that the dispatcher provide critical information as it becomes available. This
includes:
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(a) Whether the person relies on drugs or medication, or may have failed to take his/her
medication.
(b) Whether there have been prior incidents, suicide threats/attempts, and whether there
has been previous police response.
(c) Contact information for a treating physician or mental health professional.
(d) Consider contacting 24/7 on call Mental Health Professional for information on the
person in crisis.
Additional resources and a supervisor should be requested as warranted.
409.9 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to the scene of any interaction with a person in crisis. Responding
supervisors should:
(a) Attempt to secure appropriate and sufficient resources.
(b) Closely monitor any use of force, including the use of restraints, and ensure that those
subjected to the use of force are provided with timely access to medical care (see the
Handcuffing and Restraints Policy).
(c) Consider strategic disengagement. Absent an imminent threat to the public and,
as circumstances dictate, this may include removing or reducing law enforcement
resources or engaging in passive monitoring.
(d) Ensure that all reports are completed and that incident documentation uses
appropriate terminology and language.
(e) Provide information to the lead CIO or Behavioral Health Navigator.
(f) Conduct an after -action tactical and operational debriefing, and prepare an after -action
evaluation of the incident to be forwarded to the Deputy Chief.
(g) Evaluate whether a critical incident stress management debriefing for involved
members is warranted.
(h) In the event of a dispatch for an unknown problem and it is later determined there is
a mental crisis component, contact Kitsap 911 and have them re-classify the original
dispatch as "mental investigation".
409.10 INCIDENT REPORTING
Members engaging in any oral or written communication associated with a mental health crisis
should be mindful of the sensitive nature of such communications and should exercise appropriate
discretion when referring to or describing persons and circumstances.
Members having contact with a person in crisis should keep related information confidential,
except to the extent that revealing information is necessary to conform to department reporting
procedures or other official mental health or medical proceedings.
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409.10.1 DIVERSION
Individuals who are not being arrested should be processed in accordance with the Emergency
Detentions Policy.
409.10.2 SUICIDE THREATS OR ATTEMPTS
Officers should consider a referral to mental health services when a person has threatened or
attempted suicide and the person does not qualify for an emergent detention or voluntarily consent
to immediate evaluation at a mental health facility (RCW 71.05.457).
(a) Referrals should be made to the person by providing the name and phone number of
the mental health agency and any available handouts.
(b) The officer may notify the mental health agency of the referral by phone or other
method, in addition to preparing a written incident report.
Incident reports documenting a referral to a mental health agency should be sufficiently detailed
regarding the nature of the incident and the person's behavior, to facilitate the mental health
agency's prioritization and nature of their response. The officer should promptly provide a copy of
the report to the referred mental health agency (RCW 71.05.457).
409.11 PROFESSIONAL STAFF INTERACTION WITH PEOPLE IN CRISIS
Professional staff members may be required to interact with persons in crisis in an administrative
capacity, such as dispatching, records request, and animal control issues.
(a) Members should treat all individuals equally and with dignity and respect.
(b) If a member believes that he/she is interacting with a person in crisis, he/she should
proceed patiently and in a calm manner.
(c) Members should be aware and understand that the person may make unusual or
bizarre claims or requests.
If a person's behavior makes the member feel unsafe, if the person is or becomes disruptive or
violent, or if the person acts in such a manner as to cause the member to believe that the person
may be harmful to him/herself or others, an officer should be promptly summoned to provide
assistance.
409.11 EVALUATION
The Deputy Chief should ensure that a thorough review and analysis of the department response
to these incidents is conducted annually. The report will not include identifying information
pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of
Police through the chain of command.
409.13 TRAINING
In coordination with the mental health community and appropriate stakeholders, the Department
will develop and provide comprehensive education and training to all department members to
enable them to effectively interact with persons in crisis.
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Training shall include mandated training in crisis intervention, certified by the Criminal Justice
Training Commission, as required by Washington law (RCW 43.101.427; WAC 139-09-020 et
seq.).
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Bicycle Patrol Unit
410.1 PURPOSE AND SCOPE
The Port Orchard Police Department has established the Bicycle Patrol Unit (BPU) for the purpose
of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective
way to increase officer visibility in congested areas and their quiet operation can provide a tactical
approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe
and effective operation of the patrol bicycle.
410.2 POLICY
Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special
events. The use of the patrol bicycle will emphasize their mobility and visibility to the community.
Bicycles may be deployed to any area at all hours of the day or night, according to department
needs and as staffing levels allow.
Requests for specific deployment of bicycle patrol officers shall be coordinated through the Shift
Supervisor.
410.3 TRAINING
Participants in the program must complete an International Police Mountain Bike Association
(IPMBA), or similar certification course prior to being deployed for Bicycle Patrol duties. Thereafter
bicycle patrol officers should receive twice yearly in-service training to improve skills and refresh
safety, health and operational procedures. This training should be a minimum of three hours and
include such topics as:
• Bicycle patrol strategies
• Bicycle safety and accident prevention
• Operational tactics using bicycles
Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety
equipment including the helmet and riding gloves.
With the exception of an exigent circumstance, no police personnel shall engage in Bicycle Patrol
activities until completing an approved training certification course.
410.4 UNIFORMS AND EQUIPMENT
Officers shall wear the department -approved uniform and safety equipment while operating
the department bicycle. Safety equipment includes department -approved helmet, riding gloves,
protective eyewear and approved footwear.
The bicycle patrol unit uniform consists of the standard short -sleeve uniform shirt or other
department -approved shirt with department badge and patches and department -approved bicycle
patrol pants or shorts.
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Optional equipment includes jacket in colder weather, turtleneck shirts or sweaters when worn
under the uniform shirt, and a radio head set and microphone.
Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would
on a regular patrol assignment.
Officers will be responsible for obtaining the necessary forms, citation books and other department
equipment needed while on bicycle patrol.
410.6 CARE AND USE OF PATROL BICYCLES
Bicycles are considered vehicles and are subject to laws, regulations, and privileges applicable
to the operation of vehicles upon the highway (RCW 46.04.670).
Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a police decal
affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be equipped
with front lights and rear reflectors or lights, and brakes satisfying the requirements of RCW
46.61.780.
Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddlebags
sufficient to carry all necessary equipment to handle routine patrol calls including report writing,
vehicle storage, and citations.
Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tube, security lock,
equipment information, and use manuals. These items are to remain with/on the bicycle at all
times.
Each bicycle shall be equipped with at least one blue lamp and a siren capable of giving an audible
signal (RCW 46.37.190; WAC 204-21-130).
Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to ensure
proper working order of the equipment. Officers are responsible for the routine care and
maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning).
If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed
and forwarded to the program supervisor for repair by an approved technician.
Each bicycle will have scheduled maintenance twice yearly to be performed by a department -
approved repair shop/technician.
At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next
tour of duty.
Officers shall not modify the patrol bicycle, remove, modify, or add components except with the
expressed approval of the bicycle supervisor, or in the event of an emergency.
Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to
possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push -
bumper is discouraged.
Bicycles shall be properly secured when not in the officer's immediate presence.
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410.6 OFFICER RESPONSIBILITY
Officers must operate the bicycle in compliance with applicable codes under normal operation.
Officers may operate the bicycle without lighting equipment during hours of darkness when such
operation reasonably appears necessary for officer safety and/or tactical considerations. Officers
must use caution and care when operating the bicycle without lighting equipment.
It shall be the policy of this department that all other bicycle operation shall be in compliance
with the rules of the road except when responding to an emergency call or when in the pursuit
of an actual or suspected violator. An emergency response or pursuit shall be conducted only
with emergency lights and siren and under the conditions required by RCW 46.61.035 and with
due regard and caution for the safety of all persons using the highway as required by RCW
46.61.035(4).
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Public Recording of Law Enforcement Activity
411.1 PURPOSE AND SCOPE
This policy provides guidelines for handling situations in which members of the public photograph
or audio/video record law enforcement actions and other public activities that involve members
of this department. In addition, this policy provides guidelines for situations where the recordings
may be evidence.
411.2 POLICY
The Port Orchard Police Department recognizes the right of persons to lawfully record members
of this department who are performing their official duties. Members of this department will not
prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to
be evidence of a crime or relevant to an investigation will only be collected or seized lawfully.
Officers should exercise restraint and should not resort to highly discretionary arrests for offenses
such as interference, failure to comply or disorderly conduct as a means of preventing someone
from exercising the right to record members performing their official duties.
411.3 RECORDING LAW ENFORCEMENT ACTIVITY
Members of the public who wish to record law enforcement activities are limited only in certain
aspects.
(a) Recordings may be made from any public place or any private property where the
individual has the legal right to be present.
(b) Beyond the act of photographing or recording, individuals may not interfere with the
law enforcement activity. Examples of interference include, but are not limited to:
1. Tampering with a witness or suspect.
2. Inciting others to violate the law.
3. Being so close to the activity as to present a clear safety hazard to the officers.
4. Being so close to the activity as to interfere with an officer's effective
communication with a suspect or witness.
(c) The individual may not present an undue safety risk to the officers, him/herself or
others.
411.4 OFFICER RESPONSE
Officers should promptly request that a supervisor respond to the scene whenever it appears
that anyone recording activities may be interfering with an investigation or it is believed that the
recording may be evidence. If practicable, officers should wait for the supervisor to arrive before
taking enforcement action or seizing any cameras or recording media.
Whenever practicable, officers or supervisors should give clear and concise warnings to
individuals who are conducting themselves in a manner that would cause their recording or
behavior to be unlawful. Accompanying the warnings should be clear directions on what an
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individual can do to be compliant; directions should be specific enough to allow compliance. For
example, rather than directing an individual to clear the area, an officer could advise the person
that he/she may continue observing and recording from the sidewalk across the street.
If an arrest or other significant enforcement activity is taken as the result of a recording that
interferes with law enforcement activity, officers shall document in a report the nature and extent
of the interference or other unlawful behavior and the warnings that were issued.
411.5 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to the scene when requested or any time the circumstances indicate
a likelihood of interference or other unlawful behavior.
The supervisor should review the situation with the officer and:
(a) Request any additional assistance as needed to ensure a safe environment.
(b) Take a lead role in communicating with individuals who are observing or recording
regarding any appropriate limitations on their location or behavior. When practical, the
encounter should be recorded.
(c) When practicable, allow adequate time for individuals to respond to requests for a
change of location or behavior.
(d) Ensure that any enforcement, seizure or other actions are consistent with this policy
and constitutional and state law.
(e) Explain alternatives for individuals who wish to express concern about the conduct of
Department members, such as how and where to file a complaint.
411.6 SEIZING RECORDINGS AS EVIDENCE
Officers should not seize recording devices or media unless (42 USC § 2000aa):
(a) There is probable cause to believe the person recording has committed or is
committing a crime to which the recording relates, and the recording is reasonably
necessary for prosecution of the person.
1. Absent exigency or consent, a warrant should be sought before seizing or
viewing such recordings. Reasonable steps may be taken to prevent erasure of
the recording.
(b) There is reason to believe that the immediate seizure of such recordings is necessary
to prevent serious bodily injury or death of any person.
(c) The person consents.
1. To ensure that the consent is voluntary, the request should not be made in a
threatening or coercive manner.
2. If the original recording is provided, a copy of the recording should be provided
to the recording party, if practicable. The recording party should be permitted to
be present while the copy is being made, if feasible. Another way to obtain the
evidence is to transmit a copy of the recording from a device to a department -
owned device.
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Recording devices and media that are seized will be submitted within the guidelines of the Property
and Evidence Policy.
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Homeless Persons
412.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights
of the homeless and to establish procedures to guide officers during all contacts with the
homeless, whether consensual or for enforcement purposes. The Port Orchard Police Department
recognizes that members of the homeless community are often in need of special protection and
services. The Port Orchard Police Department will address these needs in balance with the overall
missions of this department. Therefore, officers will consider the following policy sections when
serving the homeless community (see the Emergency Detentions Policy).
412.1.1 POLICY
It is the policy of the Port Orchard Police Department to provide law enforcement services
to all members of the community while protecting the rights, dignity and private property of
the homeless. Homelessness is not a crime and members of this department will not use
homelessness solely as a basis for detention or law enforcement action.
412.2 HOMELESS COMMUNITY LIAISON
The Chief of Police will designate a member of this department to act as the Homeless Community
Liaison. The responsibilities of the Homeless Community Liaison include the following:
(a) Maintain and make available to all department employees a list of assistance programs
and other resources that are available to the homeless.
(b) Meet with Social Services and representatives of other organizations that render
assistance to the homeless.
(c) Maintain an awareness of those areas within and near this jurisdiction that are used
as frequent homeless encampments.
(d) Remain abreast of laws dealing with the removal and/or destruction of the personal
property of the homeless. This will include the following:
1. Proper posting of notices of trespass and clean-up operations.
2. Proper retention of property after clean-up, to include procedures for owners to
reclaim their property in accordance with the Property and Evidence Policy and
other established procedures.
(e) Be present during any clean-up operation conducted by this department involving the
removal of personal property of the homeless.
(f) Develop training to assist officers in understanding current legal and social issues
relating to the homeless.
412.3 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and
for community -oriented policing purposes. Nothing in this policy is meant to dissuade an officer
from taking reasonable enforcement action when facts support a reasonable suspicion of criminal
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activity. However, when encountering a homeless person who has committed a non-violent
misdemeanor and continued freedom is not likely to result in a continuation of the offense or a
breach of the peace, officers are encouraged to consider long-term solutions to problems that may
relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.
Officers should provide homeless persons with resource and assistance information whenever it
is reasonably apparent such services may be appropriate. See the Community Health Navigator
Program policy.
412.3.1 OTHER CONSIDERATIONS
Homeless members of the community will receive the same level and quality of service provided
to other members of the community. The fact that a victim or witness is homeless can, however,
require special considerations for a successful investigation and prosecution. Officers should
consider the following when handling investigations involving homeless victims, witnesses or
suspects:
(a) Document alternate contact information. This may include obtaining addresses and
phone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate.
(d) Obtain statements from all available witnesses in the event a homeless victim is
unavailable for a court appearance.
(e) Consider whether the person may be a vulnerable adult and if so, proceed in
accordance with the Adult Abuse Policy.
(f) Arrange for transportation for investigation -related matters, such as medical exams
and court appearances.
(9) Consider whether a crime should be reported and submitted for prosecution even
when a homeless victim indicates he/she does not desire prosecution.
(h) Document any facts indicating that the offense was intentionally committed because
the victim was homeless or perceived to be homeless (RCW 9.94A.535).
412.4 PERSONAL PROPERTY
The personal property of homeless persons must not be treated differently than the property
of other members of the public. Officers should use reasonable care when handling, collecting,
and retaining the personal property of homeless persons and should not destroy or discard the
personal property of a homeless person.
When a homeless person is arrested, or otherwise removed from a public place, officers should
make reasonable accommodations to permit the person to lawfully secure his/her personal
property. Otherwise, personal property should be collected for safekeeping. If the arrestee has
more personal property than can reasonably be collected and transported by the officer, a
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supervisor should be consulted. The property should be photographed and measures should be
taken to remove or secure the property. It will be the supervisor's responsibility to coordinate the
removal and safekeeping of the property.
Officers should not conduct or assist in clean-up operations of belongings that reasonably appear
to be the property of homeless persons without the prior authorization of a supervisor. Requests
by the public for clean-up operations of a homeless encampment should be referred to the
Department of Community Development and Code Enforcement.
Officers who encounter unattended encampments, bedding, or other personal property in public
areas that reasonably appear to belong to a homeless person should not remove or destroy such
property unless the officer can clearly articulate the property has been abandoned or is a public
safety or environmental risk.
412.5 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS
Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall
not detain a homeless person under a mental illness commitment unless facts and circumstances
warrant such a detention.
When a mental illness detention is not warranted, the contacting officer should provide the
homeless person with contact information for mental health assistance as appropriate. In these
circumstances, officers may provide transportation to a mental health specialist if requested by
the person and approved by a supervisor.
412.6 ECOLOGICAL ISSUES
Sometimes homeless encampments can impact the ecology and natural resources of the
community and may involve criminal offenses beyond mere littering. Officers are encouraged to
notify other appropriate agencies or departments when a significant impact to the environment
has or is likely to occur. Significant impacts to the environment may warrant a crime report,
investigation, supporting photographs and supervisor notification.
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Medical Cannabis
413.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this department with guidelines for handling
and distinguishing between claims of medical cannabis use under Washington's Medical Use of
Cannabis Act and criminal controlled substance violations (RCW 69.51A.005 et seq.).
413.1.1 DEFINITIONS
Definitions related to this policy include (RCW 69.51A.010):
Authorization - Documentation that is signed and dated by a qualifying patient's health care
professional, authorizing use of medical cannabis.
Designated provider - A person who:
• Is 21 years of age or older and is the parent or guardian of a qualifying patient who is
17 years of age or younger and holds a recognition card.
• Has been designated in writing by a qualifying patient to serve as the designated
provider for that patient.
• Has an authorization from the qualifying patient's health care professional.
• Has been entered into the medical cannabis authorization database as being the
designated provider to a qualifying patient and has been provided a recognition card.
An individual may act as a designated provider to no more than one patient at a time, is prohibited
from consuming cannabis obtained for the use of the qualifying patient, and may only provide
cannabis to the patient designated to the provider.
Medical use of cannabis - The manufacture, production, possession, transportation, delivery,
ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient
in the treatment of the patient's terminal or debilitating medical condition.
Qualifying patient - Any person who meets all of the following criteria:
• Has been diagnosed by the person's health care professional as having a terminal or
a debilitating medical condition
• Is a resident of the state of Washington at the time of such diagnosis
• Has been advised by the person's health care professional about the risks and benefits
of the medical use of cannabis
• Has been advised by the health care professional that the person may benefit from
the medical use of cannabis
• Has an authorization from the person's health care professional or has been entered
into the medical cannabis authorization database and has been provided a recognition
card
• Is not under supervision for a crime that does not allow for the use of medical cannabis
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Recognition card - A card issued to qualifying patients and designated providers by a cannabis
retailer with a medical cannabis endorsement that has entered them into the medical cannabis
authorization database.
413.2 POLICY
It is the policy of the Port Orchard Police Department to prioritize resources to avoid making arrests
related to cannabis that the arresting officer reasonably believes would not be prosecuted by state
or federal authorities.
Washington medical cannabis laws are intended to provide protection from prosecution for those
who use, possess, deliver, or produce cannabis to mitigate the symptoms of certain debilitating
or terminal medical conditions. However, Washington medical cannabis laws do not affect federal
laws and there is no medical exception under federal law for the possession or distribution of
cannabis.
Officers should exercise discretion to ensure laws are appropriately enforced without
unreasonably burdening both the individuals protected under Washington law and the resources
of the Department.
413.3 INVESTIGATION
Investigations involving the possession, delivery, or production of cannabis generally fall into one
of several categories:
(a) No medicinal claim is made.
(b) A medicinal claim is made by a qualifying patient or designated provider who is in
possession of amounts within the limits designated by RCW 69.51A.040.
(c) A medicinal claim is made by a qualifying patient or designated provider who is in
possession of amounts exceeding the limits designated by RCW 69.51A.040 or who
presented no authorization when initially contacted.
413.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM
In any investigation involving the possession, delivery, or production of cannabis where there is
no claim that the cannabis is for medicinal purposes, the officer should proceed with reasonable
enforcement action. A medicinal defense may be raised at any time, so officers should document
any statements and observations that may be relevant to whether the cannabis is possessed or
produced for medicinal purposes.
413.3.2 MEDICAL CLAIMS BY QUALIFYING PATIENTS OR DESIGNATED PROVIDERS
A qualifying patient or designated provider who was entered into the medical cannabis
authorization database and who possesses a valid recognition card or who holds a valid
authorization but has not been entered into the authorization database nor issued a recognition
card should not be arrested or cited if the patient or provider possesses no more than six plants
in the patient's or provider's residence with up to 8 ounces of useable cannabis from these plants
and any of the following (RCW 69.51A.040):
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(a) 48 ounces of cannabis -infused product in solid form
(b) 3 ounces of useable cannabis
(c) 216 ounces of cannabis -infused product in liquid form
(d) 21 grams of cannabis concentrates
A qualifying patient may be allowed to possess up to 15 plants with up to 16 ounces of useable
cannabis in the patient's residence for the personal medical use of the patient with appropriate
health care professional authorization (RCW 69.51 A.21 0).
Qualifying patients and designated providers who have not been entered into the authorization
database may purchase cannabis only at a retail outlet at the same quantities as non -patients
(RCW 69.50.360; RCW 69.51 A.21 0). Qualifying patients and designated providers may purchase
immature plants or clones and cannabis seeds from a licensed cannabis producer (RCW
69.51 A.310).
If a person is both a qualifying patient and a designated provider for another, the person may
possess no more than double the amounts described above (RCW 69.51A.040(1)).
Officers may take enforcement action against a designated provider even when the above
thresholds are not exceeded if there is evidence that the provider has converted the patient's
cannabis for the provider's personal use or benefit or has provided for more than one patient within
a 15-day period (RCW 69.51A.040).
Officers may take enforcement action against a qualifying patient even when the above thresholds
are not exceeded if there is evidence that the patient sold, donated, or supplied the cannabis to
another person (RCW 69.51A.040).
413.3.3 EXCESS AMOUNTS OR NO AUTHORIZATION
A qualifying patient or designated provider may raise an affirmative defense to charges that the
amount of cannabis in the patient's or provider's possession exceeds the amount legally allowed
by RCW 69.51A.040 based upon medical need (RCW 69.51A.045).
Officers should conduct a thorough investigation in such cases, but in general, should not arrest
a subject for possession, delivery, or production of cannabis if an excess amount appears
reasonable based upon the above policy consideration. Similarly, if an officer can verify that
authorization exists, even though a recognition card was not presented or obtained by a qualified
patient or designated provider, an arrest generally should not be made (RCW 69.51A.040).
All facts should be thoroughly documented and if evidence is not seized, it shall be photographed
and detailed in the report.
413.3.4 ADDITIONAL CONSIDERATIONS
Prior to making a physical arrest or confiscating cannabis plants, usable cannabis, or product,
officers should consider the following:
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(a) Whenever the initial investigation reveals an amount greater than specified by law,
officers should, in anticipation of an affirmative defense, consider and document:
1. The medical condition itself.
2. The quality of the cannabis (chemical content).
3. The method of ingestion (e.g., smoking, eating, nebulizer).
4. The timing of the possession in relation to a harvest (patient may be storing
cannabis).
5. Whether the cannabis is being cultivated indoors or outdoors, and the climate.
(b) Before proceeding with enforcement related to collective gardens, cooperatives, or
commercial producers, officers should consider conferring with appropriate legal
counsel and the Washington State Liquor and Cannabis Board for license -related
issues (WAC 314-55-410).
(c) Medical use and possession of cannabis authorized under the Washington medical
cannabis statute does not support the forfeiture of property as set forth in the Asset
Forfeiture Policy (RCW 69.51A.050).
(d) Laws and regulations do provide for the cultivation of industrial hemp. The Washington
State Department of Agriculture should be contacted should questions arise regarding
possible industrial hemp activity (RCW 15.140.030).
(e) A medical endorsement can be added to a cannabis retail license to allow a retailer
to sell cannabis for medical use to qualifying patients and designated providers.
Transaction limits apply (WAC 314-55-080; WAC 314-55-095).
(f) The Washington State Department of Health maintains a Medical Cannabis
Authorization Database and regulates cannabis retail outlets with medical cannabis
endorsements. This database may be accessed by authorized law enforcement
officials for specific criminal investigations (WAC 246-71-080).
413.4 EXCEPTIONS
This policy does not apply to the following offenses; officers may take enforcement action if the
person (RCW 69.51A.060):
(a) Engages in the medical use of cannabis in a way that endangers the health or well-
being of any person through the use of a motorized vehicle on a street, road, or
highway, including violations of RCW 46.61.502 or RCW 46.61.504, or equivalent local
ordinances.
(b) Uses or displays medical cannabis in a manner or place open to the view of the public.
413.5 FEDERAL LAW ENFORCEMENT
Officers may exchange information regarding a cannabis investigation with federal law
enforcement authorities when information is requested by federal law enforcement authorities or
whenever the officer reasonably believes federal law enforcement authorities would request the
information if the authorities were aware of the information.
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413.6 PROPERTY AND EVIDENCE UNIT SUPERVISOR RESPONSIBILITIES
The Property and Evidence Unit Supervisor shall ensure that cannabis, drug paraphernalia, or
other related property seized from a person engaged or assisting in the use of medical cannabis
is not destroyed.
Upon a determination by the prosecuting attorney that the person from whom cannabis, drug
paraphernalia, or related property was seized is entitled to possession under the law, the Property
and Evidence Unit Supervisor should return to that person any usable cannabis, plants, drug
paraphernalia, or other seized property. That determination is the result of a decision not to
prosecute, by the dismissal of charges or an acquittal.
The Property and Evidence Unit Supervisor may destroy cannabis that was alleged to be for
medical purposes upon receipt of a court order.
The Property and Evidence Unit Supervisor may release cannabis to federal law enforcement
authorities upon presentation of a valid court order or by a written order of the General
Investigations Unit Supervisor.
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Foot Pursuits
414.1 PURPOSE AND SCOPE
This policy provides guidelines to assist officers in making the decision to initiate or continue the
pursuit of suspects on foot.
414.2 POLICY
It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit,
continuously balance the objective of apprehending the suspect with the risk and potential for
injury to department members, the public or the suspect.
Officers are expected to act reasonably, based on the totality of the circumstances.
414.3 DECISION TO PURSUE
The safety of department members and the public should be the primary consideration when
determining whether a foot pursuit should be initiated or continued. Officers must be mindful that
immediate apprehension of a suspect is rarely more important than the safety of the public and
department members.
Officers may be justified in initiating a foot pursuit of any individual that the officer reasonably
believes is about to engage in, is engaging in or has engaged in criminal activity. The decision
to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of
the circumstances presented at the time.
Mere flight by a person who is not suspected of criminal activity alone shall not serve as justification
for engaging in an extended foot pursuit without the development of reasonable suspicion
regarding the individual's involvement in criminal activity or being wanted by law enforcement.
Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and
under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place
department members and the public at significant risk. Therefore, no officer or supervisor shall
be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived
risk involved.
If circumstances permit, surveillance and containment are generally the safest tactics for
apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an
officer should continuously consider reasonable alternatives to a foot pursuit based upon the
circumstances and resources available, such as:
(a) Containment of the area.
(b) Saturation of the area with law enforcement personnel, including assistance from other
agencies.
(c) A canine search.
(d) Thermal imaging or other sensing technology.
(e) Air support.
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(f) Apprehension at another time when the identity of the suspect is known or there is
information available that would likely allow for later apprehension, and the need to
immediately apprehend the suspect does not reasonably appear to outweigh the risk
of continuing the foot pursuit.
414.4 GENERAL GUIDELINES
When reasonably practicable, officers should consider alternatives to engaging in or continuing
a foot pursuit when:
(a) Directed by a supervisor to terminate the foot pursuit; such an order shall be
considered mandatory.
(b) The officer is acting alone.
(c) Two or more officers become separated, lose visual contact with one another or
obstacles separate them to the degree that they cannot immediately assist each other
should a confrontation take place. In such circumstances, it is generally recommended
that a single officer keep the suspect in sight from a safe distance and coordinate the
containment effort.
(d) The officer is unsure of his/her location and direction of travel.
(e) The officer is pursuing multiple suspects and it is not reasonable to believe that the
officer would be able to control the suspect should a confrontation occur.
(f) The physical condition of the officer renders him/her incapable of controlling the
suspect if apprehended.
(g) The officer loses radio contact with the dispatcher or with assisting or backup officers.
(h) The suspect enters a building, structure, confined space, isolated area or dense or
difficult terrain, and there are insufficient officers to provide backup and containment.
The primary officer should consider discontinuing the foot pursuit and coordinating
containment pending the arrival of sufficient resources.
(i) The officer becomes aware of unanticipated or unforeseen circumstances that
unreasonably increase the risk to officers or the public.
Q) The officer reasonably believes that the danger to the pursuing officers or public
outweighs the objective of immediate apprehension.
(k) The officer loses possession of his/her firearm or other essential equipment.
(1) The officer or a third party is injured during the foot pursuit, requiring immediate
assistance, and there are no other emergency personnel available to render
assistance.
(m) The suspect's location is no longer known.
(n) The identity of the suspect is established or other information exists that will allow for
the suspect's apprehension at a later time, and it reasonably appears that there is no
immediate threat to department members or the public if the suspect is not immediately
apprehended.
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(o) The officer's ability to safely continue the foot pursuit is impaired by inclement weather,
darkness or other environmental conditions.
414.5 RESPONSIBILITIES IN FOOT PURSUITS
414.5.1 INITIATING OFFICER RESPONSIBILITIES
Unless relieved by another officer or a supervisor, the initiating officer shall be responsible
for coordinating the progress of the pursuit and containment. When acting alone and when
practicable, the initiating officer should not attempt to overtake and confront the suspect but should
attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the
suspect.
Early communication of available information from the involved officers is essential so that
adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion.
Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon
as it becomes practicable and available:
(a) Location and direction of travel
(b) Call sign identifier
(c) Reason for the foot pursuit, such as the crime classification
(d) Number of suspects and description, to include name if known
(e) Whether the suspect is known or believed to be armed with a dangerous weapon
Officers should be mindful that radio transmissions made while running may be difficult to
understand and may need to be repeated.
Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this
information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason,
immediate efforts for containment should be established and alternatives considered based upon
the circumstances and available resources.
When a foot pursuit terminates, the officer will notify the dispatcher of his/her location and the
status of the foot pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct
further actions as reasonably appear necessary, to include requesting medical aid as needed for
officers, suspects or members of the public.
414.5.2 ASSISTING OFFICER RESPONSIBILITIES
Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should
minimize non -essential radio traffic to permit the involved officers maximum access to the radio
frequency.
414.5.3 SUPERVISOR RESPONSIBILITIES
Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to
ascertain sufficient information to direct responding resources and to take command, control and
coordination of the foot pursuit. The supervisor should respond to the area whenever possible;
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the supervisor does not, however, need to be physically present to exercise control over the foot
pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit
is conducted within established department guidelines.
The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public
appears to unreasonably outweigh the objective of immediate apprehension of the suspect.
Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point
to direct the post -foot pursuit activity.
414.5.4 KITSAP 911 RESPONSIBILITIES
Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible
for:
(a) Clearing the radio channel of non -emergency traffic.
(b) Coordinating pursuit communications of the involved officers.
(c) Broadcasting pursuit updates as well as other pertinent information as necessary.
(d) Ensuring that a field supervisor is notified of the foot pursuit.
(e) Notifying and coordinating with other involved or affected agencies as practicable.
(f) Notifying the Shift Supervisor as soon as practicable.
(g) Assigning an incident number and logging all pursuit activities.
414.6 REPORTING REQUIREMENTS
The initiating officer shall complete appropriate crime/arrest reports documenting, at a minimum:
(a) Date and time of the foot pursuit.
(b) Initial reason and circumstances surrounding the foot pursuit.
(c) Course and approximate distance of the foot pursuit.
(d) Alleged offenses.
(e) Involved vehicles and officers.
(f) Whether a suspect was apprehended as well as the means and methods used.
1. Any use of force shall be reported and documented in compliance with the Use
of Force Policy.
(g) Arrestee information, if applicable.
(h) Any injuries and/or medical treatment.
(i) Any property or equipment damage.
Q) Name of the supervisor at the scene or who handled the incident.
(k) A preliminary determination that the pursuit appears to be in compliance with this policy
or that additional review and/or follow-up is warranted.
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Assisting officers taking an active role in the apprehension of the suspect shall complete
supplemental reports as necessary or as directed.
In any case in which a suspect is not apprehended and there is insufficient information to support
further investigation, a supervisor may authorize that the initiating officer need not complete a
formal report.
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Aircraft Accidents
415.1 PURPOSE AND SCOPE
This policy describes situations involving aircraft accidents including responsibilities of personnel,
making the proper notification, and documentation.
This policy does not supersede and is supplementary to, applicable portions of the Crime and
Disaster Scene Integrity, Emergency Management Plan, and Hazardous Material Response
policies.
415.1.1 DEFINITIONS
Definitions related to this policy include:
Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of
carrying a person or any unmanned aerial vehicle other than those intended for non-commercial
recreational use.
415.3 RESPONSIBILITIES
In the event of an aircraft crash the employee responsibilities are as follows:
415.3.1 OFFICER RESPONSIBILITIES
Officers should treat an aircraft crash site as a crime scene until it is determined that such is not
the case. If a military aircraft is involved, additional dangers, such as live ordnance or hazardous
materials, may be present. The scene may require additional security due to the potential presence
of confidential equipment or information.
The duties of the field officer at the scene of an aircraft accident include the following:
(a) Determine the nature and extent of the accident.
(b) Request additional personnel and other resources to respond as needed.
(c) Provide assistance for the injured parties until the arrival of Fire Department personnel
and/or other emergency personnel.
(d) Cordon off and contain the area to exclude unauthorized individuals as soon as
practicable.
(e) Provide crowd control and other assistance until directed otherwise by a supervisor.
(f) Ensure the coroner's office is notified if a death occurs.
Entering an aircraft or tampering with parts or debris is only permissible for the purpose of removing
injured or trapped occupants, protecting the wreckage from further damage or protecting the public
from danger. If possible, the investigating authority should first be consulted before entering or
moving any aircraft or any crash debris. Photographs or sketches of the original positions should
be made whenever feasible.
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The Fire Department will be responsible for control of the accident scene until the injured parties
are cared for and the accident scene has been rendered safe for containment. Thereafter, police
personnel will be responsible for preserving the scene until relieved by the investigating authority.
Once the scene is relinquished to the investigating authority, personnel from this agency may
assist in containment of the scene until the investigation is completed or assistance is no longer
needed.
An airport service worker or the airport manager may respond to the scene to assist the on -scene
commander with technical expertise, should it be needed during the operation.
415.3.2 NATIONAL TRANSPORTATION SAFETY BOARD
The National Transportation Safety Board (NTSB) has the primary responsibility for investigating
accidents involving civil aircraft. In the case of a military aircraft incident, the appropriate branch
of the military will be involved in the investigation. The NTSB is concerned with several aspects
of a crash as described in this section.
Every effort should be made to preserve the scene to the extent possible in the condition in which
it was found until such time as NTSB or other authorized personnel arrive to take charge of the
scene.
Military personnel will respond to take charge of any military aircraft involved, whether or not
injuries or deaths have occurred.
If the accident did not result in a death or injury and the NTSB elects not to respond, the pilot or
owner may assume control of the aircraft.
Removal of the wreckage shall be done under the guidance of the NTSB or military authorities or,
if the NTSB is not responding for an on -site investigation, at the discretion of the pilot or the owner.
415.3.3 KITSAP 911 RESPONSIBILITIES
Dispatchers are responsible to make notifications as directed once an aircraft accident has been
reported. The notifications will vary depending on the type of accident, extent of injuries or damage,
and the type of aircraft involved. Generally, the dispatcher will need to notify the following agencies
or individuals when an aircraft accident has occurred.
(a) Fire Department.
(b) The affected airport tower.
(c) Closest military base if a military aircraft is involved.
(d) Ambulances or other assistance as required.
When an aircraft accident is reported to the Police Department by the airport tower personnel
the dispatcher receiving such information should verify that the tower personnel will contact
the Federal Aviation Administration (FAA) Flight Standards District Office and the National
Transportation Safety Board (NTSB). In the event that airport personnel are not involved, the
dispatcher should notify the FAA and the NTSB.
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415.3.4 POLICE SERVICES COORDINATOR RESPONSIBILITIES
The Police Services Coordinator is responsible for the following:
(a) Forward and maintain an approved copy of the accident report to the Washington
State Department of Transportation - Aviation Division.
(b) Forward a copy of the report to the Deputy Chief and the manager of the affected
airport.
415.3.5 PUBLIC INFORMATION OFFICER RESPONSIBILITIES
The Department Public Information Officer is responsible for the following:
(a) Obtain information for a press release from the on -scene commander or his/her
designee.
(b) When practical, the Department Public Information Officer should coordinate with the
FAA Press Information Officer to prepare a press release for distribution to the Media.
Information released to the press regarding any aircraft accident should be handled by the
Department Public Information Officer or in accordance with existing policy.
415.4 INJURIES AND CASUALTIES
Members should address emergency medical issues and provide care as a first priority.
Those tasked with the supervision of the scene should coordinate with the National Transportation
Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor
should ensure documentation of what was disturbed, including switch/control positions and
instrument/gauge readings.
415.5 NOTIFICATIONS
When an aircraft accident is reported to this department, the responding supervisor shall ensure
notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when
applicable, the appropriate branch of the military.
Supervisors shall ensure other notifications are made once an aircraft accident has been reported.
The notifications will vary depending on the type of accident, extent of injuries or damage, and
the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to
notify the following:
(a) Fire department
(b) Appropriate airport tower
(c) Emergency medical services (EMS)
415.6 CONTROLLING ACCESS AND SCENE AUTHORITY
Prior to NTSB arrival, scene access should be limited to authorized personnel from the:
(a) FAA.
(b) Fire department, EMS or other assisting law enforcement agencies.
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(c) Medical Examiner.
(d) Air Carrier/Operators investigative teams with NTSB approval.
(e) Appropriate branch of the military, when applicable.
(f) Other emergency services agencies (e.g., hazardous materials teams, biohazard
decontamination teams, fuel recovery specialists, explosive ordnance disposal
specialists).
The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case
of a military aircraft accident, the appropriate branch of the military will have primary investigation
responsibility.
After the NTSB or military representative arrives on -scene, the efforts of this department will shift
to a support role for those agencies.
If NTSB or a military representative determines that an aircraft or accident does not qualify under
its jurisdiction, the on -scene department supervisor should ensure the accident is still appropriately
investigated and documented.
415.7 DANGEROUS MATERIALS
Members should be aware of potentially dangerous materials that might be present. These may
include, but are not limited to:
(a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other
ordnance.
(b) Pressure vessels, compressed gas bottles, accumulators and tires.
(c) Fluids, batteries, flares and igniters.
(d) Evacuation chutes, ballistic parachute systems and composite materials.
415.8 DOCUMENTATION
All aircraft accidents occurring within the City of Port Orchard shall be documented. At a minimum
the documentation should include the date, time and location of the incident; any witness
statements, if taken; the names of POPD members deployed to assist; other City resources that
were utilized; and cross reference information to other investigating agencies. Suspected criminal
activity should be documented on the appropriate crime report.
415.8.1 WRECKAGE
When reasonably safe, members should:
(a) Obtain the aircraft registration number (N number) and note the type of aircraft.
(b) Attempt to ascertain the number of casualties.
(c) Obtain photographs or video of the overall wreckage, including the cockpit and
damage, starting at the initial point of impact, if possible, and any ground scars or
marks made by the aircraft.
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1. Military aircraft may contain classified equipment and therefore shall not be
photographed unless authorized by a military commanding officer (18 USC §
795).
(d) Secure, if requested by the lead authority, any electronic data or video recorders from
the aircraft that became dislodged or cell phones or other recording devices that are
part of the wreckage.
(e) Acquire copies of any recordings from security cameras that may have captured the
incident.
415.8.2 WITNESSES
Members tasked with contacting witnesses should obtain:
(a) The location of the witness at the time of his/her observation relative to the accident
site.
(b) A detailed description of what was observed or heard.
(c) Any photographs or recordings of the accident witnesses may be willing to voluntarily
surrender.
(d) The names of all persons reporting the accident, even if not yet interviewed.
(e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records.
415.9 POLICY
It is the policy of the Port Orchard Police Department to provide appropriate emergency response
to aircraft incidents. This includes emergency medical care and scene management.
415.9 MEDIA RELATIONS
The Public Information Officer (PIO) should coordinate a response to the media, including
access issues, road closures, detours and any safety information that is pertinent to the
surrounding community. Any release of information regarding details of the accident itself should
be coordinated with the NTSB or other authority who may have assumed responsibility for the
investigation.
Depending on the type of aircraft, the airline or the military may be responsible for family
notifications and the release of victims' names. The PIO should coordinate with other involved
entities before the release of information.
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Contacts and Temporary Detentions
416.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for temporarily detaining but not arresting
persons in the field, conducting field interviews (FI) and pat -down searches, and the taking and
disposition of photographs.
416.1.1 DEFINITIONS
Consensual encounter - When an officer contacts an individual but does not create a detention
through words, actions, or other means. In other words, a reasonable individual would believe that
his/her contact with the officer is voluntary.
Field interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based
on reasonable suspicion for the purposes of determining the individual's identity and resolving the
officer's suspicions.
Field photographs - Posed photographs taken of a person during a contact, detention, or arrest
in the field. Undercover surveillance photographs of an individual and recordings captured by the
normal operation of a Mobile Audio Video (MAV) system, body -worn camera, or public safety
camera when persons are not posed for the purpose of photographing are not considered field
photographs.
Pat -down search - A type of search used by officers in the field to check an individual for
dangerous weapons. It involves a thorough patting down of clothing to locate any weapons or
dangerous items that could pose a danger to the officer, the detainee, or others.
Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable
facts that criminal activity may be afoot and a particular person is connected with that possible
criminal activity.
Temporary detention - When an officer intentionally, through words, actions or physical force,
causes an individual to reasonably believe he/she is required to restrict his/her movement without
an actual arrest. Temporary detentions also occur when an officer actually restrains a person's
freedom of movement.
416.2 POLICY
The Port Orchard Police Department respects the right of the public to be free from unreasonable
searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision
to temporarily detain a person and complete an FI, pat -down search, or field photograph shall
be left to the officer based on the totality of the circumstances, officer safety considerations, and
constitutional safeguards.
416.3 FIELD INTERVIEWS
Based on observance of suspicious circumstances or upon information from investigation, an
officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable
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suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary
to resolve the officer's suspicion.
Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact
with consenting individuals is encouraged by the Port Orchard Police Department to strengthen
community involvement, community awareness, and problem identification.
416.3.1 INITIATING A FIELD INTERVIEW
When initiating the stop, the officer should be able to point to specific facts which, when considered
with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not
limited to an individual's:
(a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is
engaged in a criminal act.
(b) Actions suggesting that he/she is engaged in a criminal activity.
(c) Presence in an area at an inappropriate hour of the day or night.
(d) Presence in a particular area is suspicious.
(e) Carrying of suspicious objects or items.
(f) Excessive clothes for the climate or clothes bulging in a manner that suggests he/she
is carrying a dangerous weapon.
(g) Location in proximate time and place to an alleged crime.
(h) Physical description or clothing worn that matches a suspect in a recent crime.
(i) Prior criminal record or involvement in criminal activity as known by the officer.
416.3.2 JUVENILE FIELD CONTACTS
An officer shall permit a juvenile 17 years of age or younger to consult with legal counsel in
person, by telephone, or by video conference, before the juvenile waives any constitutional rights
anytime an officer detains a juvenile based on probable cause of involvement in criminal activity or
requests the juvenile provide consent to an evidentiary search of the juvenile's property, dwellings,
or vehicles under their control (RCW 13.40.740). See the Temporary Custody of Juveniles Policy,
Interviewing or Interrogating Juvenile Suspects section for additional guidance and exceptions.
416.4 PAT -DOWN SEARCHES
Once a valid stop has been made, and consistent with the officer's training and experience, an
officer may pat a suspect's outer clothing for weapons if the officer has a reasonable, articulable
suspicion the suspect may pose a safety risk. The purpose of this limited search is not to discover
evidence of a crime, but to allow the officer to pursue the investigation without fear of violence.
Circumstances that may establish justification for performing a pat -down search include but are
not limited to the following:
(a) The type of crime suspected, particularly in crimes of violence where the use or threat
of deadly weapons is involved.
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(b) Where more than one suspect must be handled by a single officer.
(c) The hour of the day and the location or neighborhood where the stop takes place.
(d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons.
(e) The actions and demeanor of the suspect.
(f) Visual indications which suggest that the suspect is carrying a firearm or other
dangerous weapon.
Whenever practicable, pat -down searches should not be conducted by a lone officer. A cover
officer should be positioned to ensure safety and should not be involved in the search.
416.5 FIELD PHOTOGRAPHS
All available databases should be searched before photographing any field detainee. If a
photograph is not located, or if an existing photograph no longer resembles the detainee, the
officer shall carefully consider, among other things, the factors listed below.
416.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT
Field photographs may be taken when the subject of the photograph knowingly and voluntarily
gives consent. When taking a consensual photograph, the officer should have the individual read
and sign the appropriate form accompanying the photograph.
416.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT
Field photographs may be taken without consent only if they are taken during a detention that is
based on reasonable suspicion of criminal activity, and the photograph serves a legitimate law
enforcement purpose related to the detention. The officer must be able to articulate facts that
reasonably indicate that the subject was involved in or was about to become involved in criminal
conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking
a photograph.
If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been
dispelled, the detention must cease and the photograph should not be taken.
All field photographs and related reports shall be submitted to a supervisor and retained in
compliance with this policy.
416.5.3 DISPOSITION OF PHOTOGRAPHS
All detainee photographs must be adequately labeled and submitted to the Shift Supervisor with
either an associated FI card or other documentation explaining the nature of the contact. If an
individual is photographed as a suspect in a particular crime, the photograph should be submitted
as an evidence item in the related case, following standard evidence procedures.
If a photograph is not associated with an investigation where a case number has been issued, the
Shift Supervisor should review and forward the photograph to one of the following locations:
(a) If the photo and associated FI or memorandum is relevant to criminal organization/
enterprise enforcement, the Shift Supervisor will forward the photo and documents
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to the designated criminal intelligence system supervisor. The supervisor will ensure
the photograph and supporting documents are retained as prescribed in the Criminal
Organizations Policy.
(b) Photographs that do not qualify for retention in a criminal intelligence system or
temporary information file shall be forwarded to the Records Unit.
When a photograph is taken in association with a particular case, the investigator may use such
photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part
of the case file. All other photographs shall be retained in accordance with the established records
retention schedule.
416.5.4 SUPERVISOR RESPONSIBILITIES
While it is recognized that field photographs often become valuable investigative tools, supervisors
should monitor such practices in view of the above listed considerations. This is not to imply that
supervisor approval is required before each photograph is taken.
Access to, and use of, field photographs shall be strictly limited to law enforcement purposes.
416.6 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an incident may become unavailable or the integrity of their
statements compromised with the passage of time, officers should, when warranted by the
seriousness of the case, take reasonable steps to promptly coordinate with an on -scene supervisor
and/or criminal investigator to utilize available members for the following:
(a) Identifying all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those who claim
not to have witnessed the incident but who were present at the time it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal
interview should not be detained absent reasonable suspicion to detain or
probable cause to arrest. Without detaining the individual for the sole purpose
of identification, officers should attempt to identify the witness prior to their
departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a
suitable location where criminal investigators may obtain a recorded statement. Such
witnesses, if willing, may be transported by department members.
1. A written, verbal, or recorded statement of consent should be obtained prior to
transporting a witness. When the witness is a minor, consent should be obtained
from the parent or guardian, if available, prior to transport.
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Foreign Diplomatic and Consular
Representatives
417.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that members of the Port Orchard Police Department
extend appropriate privileges and immunities to foreign diplomatic and consular representatives
in accordance with international law.
Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign
nationals from member countries when arrested, detained or imprisoned by law enforcement
officials in this country. This section provides direction to officers when considering a physical
arrest or detention of a foreign national. All foreign service personnel shall be treated with respect
and courtesy, regardless of the level of established immunity. As noted herein, the United States is
a party to several bilateral agreements that obligate our authorities to notify the consulate upon the
person's detention, regardless of whether the detained person(s) request that his/her consulate
be notified. The list of specific countries that the United States is obligated to notify is listed in the
U.S. Department of State website.
417.1.1 DEFINITIONS
Foreign National - Anyone who is not a citizen of the United States (U.S.). A person with dual
citizenship, U.S. and foreign, is not a foreign national.
Immunity - Refers to various protections and privileges extended to the employees of foreign
governments who are present in the U.S. as official representatives of their home governments.
These privileges are embodied in international law and are intended to ensure the efficient and
effective performance of their official "missions" (i.e., embassies, consulates, etc.) in foreign
countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure
that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S.
personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it
is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's
Office of Foreign Missions (OFM) that illegal acts by Foreign Service personnel should always
be pursued through proper channels. Additionally, the host country's right to protect its citizens
supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent
the endangerment of public safety or the commission of a serious crime, regardless of immunity
claims.
417.2 POLICY
The Port Orchard Police Department respects international laws related to the special privileges
and immunities afforded foreign diplomatic and consular representatives assigned to the United
States.
All foreign diplomatic and consular representatives shall be treated with respect and courtesy,
regardless of any privileges or immunities afforded them.
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417.3 CLAIMS OF IMMUNITY
If a member comes into contact with a person where law enforcement action may be warranted and
the person claims diplomatic or consular privileges and immunities, the member should, without
delay:
(a) Notify a supervisor.
(b) Advise the person that his/her claim will be investigated and he/she may be released
in accordance with the law upon confirmation of the person's status.
(c) Request the person's identification card, either issued by the U.S. Department of State
(DOS), Office of the Chief of Protocol, or in the case of persons accredited to the
United Nations, by the U.S. Mission to the United Nations. These are the only reliable
documents for purposes of determining privileges and immunities.
(d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free
at 866-217-2089, or at another current telephone number and inform the center of the
circumstances.
(e) Verify the immunity status with DOS and follow any instructions regarding further
detention, arrest, prosecution and/or release, as indicated by the DOS representative.
This may require immediate release, even if a crime has been committed.
Identity or immunity status should not be presumed from the type of license plates displayed on a
vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul
license plate, a query should be run via the National Law Enforcement Telecommunications
System (NLETS), designating "US" as the state.
417.3.1 DIPLOMATIC AGENTS
Diplomatic agents (e.g. ambassadors and United Nations representatives) are afforded the
highest levels of immunity. They are exempt from arrest or detention and are immune from all
criminal (and most civil) prosecution by the host state. The family members of diplomatic agents
enjoy these same immunities. Currently there are no diplomatic agents permanently assigned to
Washington; they do occasionally visit the state.
417.3.2 CONSULAR OFFICERS
Consular officers are the ranking members of consular posts who perform various formal functions
on behalf of their own governments. Typical titles include consul general, consul, and vice consul.
These officials are immune from arrest or detention, except pursuant to a felony warrant. They are
only immune from criminal and civil prosecution arising from official acts. Official acts immunity
must be raised as an affirmative defense in the court jurisdiction, and its validity is determined by
the court. Under this defense, the prohibited act itself must have been performed as an official
function. It is not sufficient that the consular agent was on -duty or in an official capacity at the time
of the violation. The family members of consular officers generally enjoy no immunity, however,
any family member who enjoys a higher level of immunity is issued an identification card by the
Department of State (DOS) enumerating any privileges or immunities on the back of the card.
Examples are consular officers and family members from Russia or China.
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417.4 IDENTIFICATION
All diplomatic and consular personnel who are entitled to immunity are registered with the
Department of State and are issued distinctive cards by the Department of State Protocol
Office. These cards are the best means of identifying Foreign Service personnel. They include a
photograph, identifying information, and, on the reverse side, a brief description of the bearer's
immunity status. These cards are the best means of identifying Foreign Service personnel.
Unfortunately, these identification cards are not always promptly issued by the Department of
State. In addition to the Department of State identification card, Foreign Service personnel should
also have a driver's license issued by the Department of State Diplomatic Motor Vehicle Office
(DMVO), which in most circumstances replaces the operator's license by the state.
417.4.1 VEHICLE REGISTRATION
Vehicles that are owned by foreign missions or Foreign Service personnel and their dependents
are registered with the Department of State OFM and display distinctive red, white, and blue
license plates. Vehicles assigned to diplomatic or consular officers will generally have license
plates labels with the words "Diplomat" or "Consul." Vehicles owned by honorary consuls are not
issued OFM license plates; but may have Washington license plates with an "honorary consul"
label. Driver's identity or immunity status should not be presumed from the type of license plates
displayed on the vehicle. The status of an OFM license plate should be run via the National Law
Enforcement Telecommunications System (NLETS), designating "US" as the state, if the officer
has reason to question the legitimate possession of the license plate. The State of Washington
may also issue honorary consul or official representative of any foreign government who is a
citizen or resident of the United States of America, duly licensed and holding an exequatur issued
by the department of state of the United States of America special plates of a distinguishing color
and numerical series.
417.5 ENFORCEMENT ACTION
If the DOS is not immediately available for consultation regarding law enforcement action,
members shall be aware of the following:
(a) Generally, all persons with diplomatic and consular privileges and immunities may be
issued a citation or notice to appear. However, the person may not be compelled to
sign the citation.
(b) All persons, even those with a valid privilege or immunity, may be reasonably
restrained in exigent circumstances for purposes of self-defense, public safety, or the
prevention of serious criminal acts.
(c) An impaired foreign diplomatic or consular representative may be prevented from
driving a vehicle, even if the person may not be arrested due to privileges and
immunities.
1. Investigations, including the request for field sobriety tests, chemical tests, and
any other tests regarding impaired driving may proceed but they shall not be
compelled.
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(d) The following persons may not be detained or arrested, and any property or vehicle
owned by these persons may not be searched or seized:
1. Diplomatic -level staff of missions to international organizations and recognized
family members
2. Diplomatic agents and recognized family members
3. Members of administrative and technical staff of a diplomatic mission and
recognized family members
4. Career consular officers, unless the person is the subject of a felony warrant
(e) The following persons may generally be detained and arrested:
1. International organization staff; however, some senior officers are entitled to the
same treatment as diplomatic agents.
2. Support staff of missions to international organizations
3. Diplomatic service staff and consular employees; however, special bilateral
agreements may exclude employees of certain foreign countries.
4. Honorary consular officers
417.5.1 CITABLE OFFENSES
An enforcement document shall be issued at the scene for all violations warranting such action,
regardless of the violator's immunity status. The issuance of a citation is not considered an arrest
or detention under current Department of State guidelines. Whenever the equivalent of a notice
to appear is issued to an immunity claimant, the following additional procedures shall be followed
by the arresting officer:
(a) Identification documents are to be requested of the claimant.
(b) The title and country represented by the claimant are to be recorded on the back of
the officer's Notice to Appear for later reference. Do not include on the face of the
notice to appear.
(c) The identity and immunity status of the individual shall be conclusively established.
(d) Verified diplomatic agents and consular officers, including staff and family members
from countries with which the U.S. has special agreements, are not required to sign
the Notice to Appear. The word "Refused" shall be entered into the signature box, and
the violator shall be released.
(e) Verified consular staff members, excluding those from countries with which the U.S.
has special agreements, are generally obligated to sign the Notice to Appear, but a
signature shall not be required if their immunity status is uncertain.
(f) All other claimants are subject to the provisions of the policy and procedures outlined
in this chapter.
(g) The violator shall be provided with the appropriate copy of the Notice to Appear.
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417.5.2 IN -CUSTODY ARRESTS
Diplomatic agents and consular officers are immune from arrest or detention (unless they have
no identification and the detention is to verify their diplomatic status). Proper identification of
immunity claimants is imperative in potential in -custody situations. Claimants who are not entitled
to immunity shall be placed in custody in accordance with the provisions outlined in Department
policy.
A subject who is placed under arrest and claims diplomatic or consular immunity shall not be
physically restrained before verification of the claim (unless restraint is necessary for the protection
of the officer or others.)
A supervisor shall be promptly notified and should respond to the scene when possible.
Field verification of the claimant's identity is to be attempted as follows:
(a) Identification cards issued by the Department of State, Protocol Office, are the only
valid evidence of diplomatic or consular immunity. The following types of identification
cards are issued: Diplomatic (blue bordered), Consular (red bordered), and Official
(green bordered), The Department of State identification cards are 3-3/4 inch by 1-1/2
inch and contain a photograph of the bearer.
(b) Initiate telephone verification with the Department of State. Newly arrived members of
diplomatic or consular missions may not yet have official Department of State identity
documents. Verify immunity by telephone with the Department of State any time an
individual claims immunity and cannot present satisfactory identification, the officer
has reason to doubt the claim of immunity, or there is a possibility of physical arrest.
Law enforcement personnel should use the following numbers in order of preference:
• Office of Foreign Missions
San Francisco, CA
(415) 744-2910, Ext. 22 or 23
(415) 744-2913 FAX
(0800-1700 PST)
Office of Foreign Missions
Diplomatic Motor
Vehicle Office
Washington D.C.
(202) 895-3521 (Driver
License Verification) or
(202) 895-3532
(Registration Verification)
(202) 895-3533 FAX
(0815-1700 EST)
Diplomatic Security Service
915 Second
Avenue, Room 3410
Seattle, WA 98174
(206) 220-7721 (206) 220-7723 FAX
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• Department of State
Diplomatic Security Service
Command Center
Washington D.C.
(202) 647-7277
(202) 647-1512
(Available 24 hours)
(202) 647-0122 FAX
Members of diplomatic or consular missions also may have other forms of identification. These
include identification cards issued by Office of Emergency Services, local law enforcement
agencies, the foreign embassy, or consulate; driver licenses issued by Department of State; and,
Department of State license indicia on the vehicle. All these items are only an indication that the
bearer may have some form of immunity.
Subjects verified through the above procedures as being officials entitled to immunity (diplomatic
agent, consular officers and consular staff and family members from countries with which the U.S.
has special agreements) may not be arrested. The procedures below shall be followed. These
procedures should also be used in the event immunity cannot be verified, but another form of
identification indicates that immunity is probable.
If the release of the violator will not create an additional hazard, adequate information to properly
identify the violator shall be obtained then the official shall be released. A supervisor's approval
for the release shall be obtained whenever possible.
If the violator appears to have been driving while under the influence, field sobriety tests, including
Preliminary Alcohol Screening (PAS) device tests and chemical tests should be offered and
obtained whenever possible, however, these tests cannot be compelled. The subject shall not be
permitted to drive. A supervisor's approval for release shall be obtained whenever possible and
alternative transportation should be arranged.
All facts of the incident shall be documented in accordance with this policy in a Driving Under the
Influence (DUI) Arrest -Investigation Report, Arrest -Investigation Report and/or any other relevant
report form. The Department of State will take appropriate sanctions against errant foreign service
personnel, even where prosecution is not undertaken by the agency.
417.6 TRAFFIC COLLISIONS
Persons involved in traffic collisions who possess a Department of State OFM Diplomatic Driver
License, issued by the DMVO, shall have the collision report coded as required. If subsequent
prosecution of the claimant is anticipated, the claimant's title, country, and type of identification
presented should be recorded for future reference. Issuance of a citation to, or arrest of, an
immunity claimant at the accident scene should be handled in accordance with the procedures
specified in Policy Manual § 422.5 of this chapter.
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417.6.1 VEHICLES
Vehicles, which are owned by subjects with full immunity, may not be searched, stored, or
impounded without the owner's permission. (Such permission may be assumed if the vehicle has
been stolen.) These vehicles may, however, be towed the necessary distance to remove them
from obstructing traffic or creating any other hazard.
417.6.2 REPORTS
A photocopy of each traffic collision report involving an identified diplomat and/or immunity
claimant shall be forwarded to the office of the Chief of Police within 48 hours whether or not the
claim is verified. The words "Immunity Claim" shall be marked on the photocopy, together with
a notation of the claimant's title, country, and type of identification presented (if applicable). In
addition to the report, a follow-up cover memorandum should be submitted if the violation was
flagrant, if the claimant was uncooperative, or if there were any other unusual aspects of the
enforcement contact that should be reported to the Department of State for further action. The
supervisor apprised of the incident/accident shall also send a copy of all documents and reports
submitted by the investigating officer along with any supervisor's notes, materials and/or logs to
the Chief of Police within 48 hours of the incident. The Chief of Police or designee will check to
ensure that notification of Department of State and all necessary follow-up occur.
417.6 DIPLOMATIC IMMUNITY TABLE
Reference table on diplomatic immunity:
Category
Arrested or
Enter
Issued
Subpoenaed
Prosecuted
Recognized
Detained
Residence
Traffic
as Witness
Family
Subject to
Citation
Members
Ordinary
Procedures
Diplomatic
No (note b)
No
Yes
No
No
Same as
Agent
sponsor (full
immunity &
inviolability)
Member of
No (note b)
No
Yes
No
No
Same as
Admin and
sponsor (full
Tech Staff
immunity &
inviolability)
Service Staff
Yes (note a)
Yes
Yes
Yes
No for official
No immunity
acts.
or inviolability
Yes
(note a)
otherwise
(note a).
Career
Yes if for a
Yes (note d)
Yes
No for
No for official
No immunity
Consul
felony and
official acts.
acts.
or inviolability
Officer
pursuant to a
Testimony
Yes
warrant (note
may not be
otherwise
a)
compelled in
(note a).
any case.
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Honorable
Yes
Yes
Yes
No for official
No for official
No immunity
Consul
acts. Yes
acts.
or inviolability
Officer
otherwise.
Yes
otherwise.
Consulate
Yes (note a)
Yes
Yes
No for official
No for official
No immunity
Employees
acts. Yes
acts.
or inviolability
otherwise.
Yes
(note a)
otherwise
(note a).
Int'I Org
Yes (note c)
Yes (note c)
Yes
Yes (note c)
No for official
No immunity
Staff (note b)
acts.
or inviolability
Yes
otherwise
(note c).
Diplomatic-
No (note b)
No
Yes
No
No
Same as
Level Staff
sponsor (full
of Missions
immunity &
to Int'I Org
inviolability)
Support
Yes
Yes
Yes
Yes
No for official
No immunity
Staff of
acts.
or inviolability
Missions to
Yes
Int'I Orgs
otherwise.
Notes for diplomatic immunity table:
(a) This table presents general rules. The employees of certain foreign countries may
enjoy higher levels of privileges and immunities on the basis of special bilateral
agreements.
(b) Reasonable constraints, however, may be applied in emergency circumstances
involving self-defense, public safety, or in the prevention of serious criminal acts.
(c) A small number of senior officers are entitled to be treated identically to diplomatic
agents.
(d) Note that consul residences are sometimes located within the official consular
premises. In such cases, only the official office space is protected from police entry.
417.8 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY
These policies and procedures apply to foreign nationals who do not claim diplomatic or consular
immunity.
Officers shall arrest foreign nationals only under the following circumstances:
(a) There is a valid warrant issued for the person's arrest.
(b) There is probable cause to believe that the foreign national has violated a federal
criminal law, a state law, or local ordinance.
(c) Officers shall not arrest foreign nationals solely for the alleged undocumented entry
into the U.S. unless the undocumented entry is committed in the officer's presence.
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After a lawful detention or criminal arrest, officers may detain foreign nationals solely for alleged
undocumented presence in the U.S. if the U.S. Immigration and Customs Enforcement (ICE)
is contacted and can respond to take custody within a reasonable time. Officers shall not
arrest foreign nationals for undocumented presence. Federal courts have consistently held that
undocumented presence is not a crime but a federal civil violation only enforceable by federal
officers.
• Officers shall not stop or detain persons solely for determining immigration status.
• International treaty obligations provide for notification of foreign governments when
foreign nationals are arrested or otherwise detained in the U.S.
• Whenever an officer arrests or incarcerates a foreign national or detains a foreign
national for investigation for over two hours, the officer shall promptly advise the
individual that he/she is entitled to have his/her government notified of the arrest or
detention. If the individual wants his/her government notified, the officer shall begin
the notification process.
417.8.1 ARREST PROCEDURE
Whenever an officer physically arrests or detains an individual for criminal investigation and the
officer reasonably believes the person to be a foreign national, the officer shall inquire to determine
the person's citizenship. This procedure applies to detentions of more than two hours. An inquiry
is not required if the individual is detained less than two hours for criminal investigation.
If the individual indicates that he/she is other than a U.S. citizen, the officer shall advise the
individual that he/she has a right to have the nearest appropriate embassy or consulate notified of
the arrest/detention (Vienna Convention on Consular Relations, Art. 36, (1969)). If the individual
requests such notification, the officer shall contact Kitsap 911 as soon as practical and request the
appropriate embassy/consulate be notified. Officers shall provide with the following information
concerning the individual:
• Country of citizenship.
• Full name of individual, including paternal and maternal surname if used.
• Date of birth or age.
• Current residence.
• Time, date, place, location of incarceration/detention, and the 24-hour telephone
number of the place of detention if different than the Department itself.
If the individual claims citizenship of one of the countries for which notification of the consulate/
embassy is mandatory, officers shall provide Kitsap 911 with the information above as soon as
practicable, regardless of whether the individual desires that the embassy/consulate be notified.
This procedure is critical because of treaty obligations with particular countries. The list of countries
and jurisdictions that require notification can be found on the U.S. Department of State website.
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417.8.2 DOCUMENTATION
Officers shall document in the appropriate report, the date and time Kitsap 911 was notified of the
foreign national's arrest/detention and his/her claimed nationality.
417.9 DOCUMENTATION
All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic
and consular representatives should be thoroughly documented and the related reports forwarded
to DOS.
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Citation Releases
418.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of the Port Orchard Police Department with
guidance on when to release adults who are suspected offenders on a citation and notice to
appear in court for a criminal offense, rather than having the person held in custody for a court
appearance or released on bail.
418.2 POLICY
The Port Orchard Police Department will consider its resources and its mission of protecting the
community when exercising any discretion to release suspected offenders on a citation and notice
to appear in court, when authorized to do so.
418.3 RELEASE
A suspected offender may be released on issuance of a citation and notice to appear in court by
an officer whenever a person is arrested or could have been arrested pursuant to statute for a
violation of law which is punishable as a misdemeanor or gross misdemeanor (Criminal Rules,
CrRLJ 2.1(b)(1)).
418.4 PROHIBITIONS
The release of a suspected offender on a citation and notice to appear is not permitted when:
(a) A person has been arrested pursuant to RCW 10.31.100(2) (restraining orders).
(b) An officer has probable cause to believe that the person arrested has violated RCW
46.61.502 (DUI) or RCW 46.61.504 (physical control of a vehicle while DUI) or
equivalent local ordinance and the officer has knowledge that the person has a prior
offense as defined in RCW 46.61.5055 (alcohol and drug violators) within the last 10
years, or that the person is charged with or is awaiting arraignment for an offense that
would qualify as a prior offense under RCW 46.61.5055 if it were a conviction (RCW
10.31.100; Criminal Rules, CrRLJ 3.2(o)(3)).
See the Domestic Violence Policy for release restrictions related to those investigations.
418.5 CONSIDERATIONS
In determining whether to cite and release a person, officers shall consider whether (Criminal
Rules, CrRLJ 2.1(b)(2)):
(a) The suspected offender has identified him/herself satisfactorily.
(b) Detention appears reasonably necessary to prevent imminent bodily harm to the
suspected offender or another, property damage or breach of the peace.
(c) The suspected offender has ties to the community reasonably sufficient to assure his/
her appearance or whether there is substantial likelihood that he/she will refuse to
respond to the citation and notice.
(d) The suspected offender previously has failed to appear in response to a citation and
notice issued pursuant to the court rule or to other lawful process.
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Emergency Detentions
419.1 PURPOSE AND SCOPE
This policy provides guidelines for when officers may place an individual under an emergency
detention.
419.2 POLICY
It is the policy of the Port Orchard Police Department to protect the public and individuals through
legal and appropriate use of the emergency detention process.
419.3 AUTHORITY
An officer may take a person into emergency detention when either (RCW 71.05.150; RCW
71.05.153; RCW 71.05.201; RCW 71.34.710; RCW 71.34.351):
(a) There is reasonable cause to believe that a person is suffering from a behavioral health
disorder (e.g., mental disorder, substance abuse disorder) and presents an imminent
likelihood of serious harm, or is in imminent danger because of being gravely disabled
(b) The officer has received an order authorizing emergency detention from a court or a
designated crisis responder
Persons taken into emergency detention should be transported to an appropriate facility as soon
as practicable.
419.3.1 VOLUNTARY EVALUATION
If an officer encounters an individual who may qualify for emergency detention, he/she may inquire
as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the
individual so desires, the officers should:
(a) Transport the individual to an appropriate facility that is able to conduct the evaluation
and admit the person.
(b) Document the circumstances surrounding the individual's desire to pursue voluntary
evaluation and/or admission.
If at any point the individual changes his/her mind regarding voluntary evaluation, officers should
proceed with the emergency detention process, if appropriate.
419.4 CONSIDERATIONS AND RESPONSIBILITIES
Any officer handling a call involving an individual who may qualify for emergency detention should
consider, as time and circumstances reasonably permit:
(a) Available information that might assist in determining the cause and nature of the
individual's action or stated intentions.
(b) Community or neighborhood mediation services.
(c) Conflict resolution and de-escalation techniques.
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(d) Community or other resources available to assist in dealing with behavioral health
issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from
taking reasonable action to ensure the safety of the officers and others.
Emergency detentions should be preferred over arrest for individuals with behavioral health
disorders who are suspected of committing minor crimes or creating other public safety issues.
419.5 TRANSPORTATION
When taking any individual into emergency detention, the transporting officer should have Kitsap
911 notify the receiving facility of the estimated time of arrival, the level of cooperation of the
individual, and whether any special medical care is needed.
Officers may transport individuals in a patrol vehicle and shall secure them in accordance with the
Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport
vehicle and the safety of any person, including the detainee, requires the presence of an officer
during the transport, Shift Supervisor approval is required before transport commences.
419.6 TRANSFER TO APPROPRIATE FACILITY
Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a
facility staff member. If the individual is not seeking voluntary treatment, the officer should provide
the staff member with the written application for an emergency detention and remain present to
provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the
admission process, including restraint of the individual. However, if the individual is transported
and delivered while restrained, the officer may assist with transferring the individual to facility
restraints and will be available to assist during the admission process, if requested. Under normal
circumstances, officers will not apply facility -ordered restraints.
419.7 DOCUMENTATION
The officer should complete an application for emergency detention, provide it to the facility staff
member assigned to the individual, and retain a copy of the application for inclusion in the case
report.
The officer should also provide a verbal summary to any evaluating staff member regarding the
circumstances leading to the involuntary detention.
419.8 CRIMINAL OFFENSES
Officers investigating an individual who is suspected of committing a minor criminal offense and
who is being taken into emergency detention should resolve the criminal matter by issuing a
warning or a citation, as appropriate.
When an individual who may qualify for emergency detention has committed a serious criminal
offense that would normally result in an arrest and transfer to a jail facility, the officer should:
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(a) Arrest the individual when there is probable cause to do so.
(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that
would support the emergency detention.
(c) Facilitate the individual's transfer to the jail facility.
(d) Thoroughly document in the related reports the circumstances that indicate the
individual may qualify for emergency detention.
In the supervisor's judgment, the individual may instead be arrested or booked and transported
to the appropriate mental health facility. The supervisor should consider the seriousness of the
offense, the treatment options available, the ability of this department to regain custody of the
individual, department resources (e.g., posting a guard), and other relevant factors in making this
decision.
419.9 FIREARMS AND OTHER WEAPONS
Whenever an individual is taken into emergency custody, the handling officers should seek to
determine if the individual owns or has access to any firearm or other deadly weapon. Officers
should consider whether it is appropriate and consistent with current search and seizure law under
the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping,
evidence, consent).
Officers are cautioned that a search warrant may be needed before entering a residence or
other place to search, unless lawful, warrantless entry has already been made (e.g., exigent
circumstances, consent). A warrant may also be needed before searching for or seizing weapons.
The handling officers should further advise the individual of the procedure for the return of any
firearm or other weapon that has been taken into custody.
419.10 TRAINING
This department will endeavor to provide department -approved training on interaction with
persons with behavioral health disorders, emergency detentions and crisis intervention.
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Response to Bomb Calls
420.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to assist members of the Port Orchard Police
Department in their initial response to incidents involving explosives, explosive devices, explosion/
bombing incidents or threats of such incidents. Under no circumstances should these guidelines
be interpreted as compromising the safety of first responders or the public. When confronted with
an incident involving explosives, safety should always be the primary consideration.
420.2 POLICY
It is the policy of the Port Orchard Police Department to place a higher priority on the safety of
persons and the public over damage or destruction to public or private property.
420.3 RECEIPT OF BOMB THREAT
Department members receiving a bomb threat should obtain as much information from the
individual as reasonably possible, including the type, placement, and alleged detonation time of
the device.
If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that
the recording is preserved in accordance with established department evidence procedures.
The member receiving the bomb threat should ensure that the Shift Supervisor is immediately
advised and informed of the details. This will enable the Shift Supervisor to ensure that the
appropriate personnel are dispatched and, as appropriate, the threatened location is given an
advance warning.
420.4 GOVERNMENT FACILITY OR PROPERTY
A bomb threat targeting a government facility may require a different response based on the
government agency.
420.4.1 PORT ORCHARD POLICE DEPARTMENT FACILITY
If the bomb threat is against the Port Orchard Police Department facility, the Shift Supervisor will
direct and assign officers as required for coordinating a general building search or evacuation of
the police department, as he/she deems appropriate.
420.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY
If the bomb threat is against a county or municipal facility within the jurisdiction of the Port Orchard
Police Department that is not the property of this department, the appropriate agency will be
promptly informed of the threat. Assistance to the other entity may be provided as the Shift
Supervisor deems appropriate.
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420.4.3 FEDERAL BUILDING OR PROPERTY
If the bomb threat is against a federal building or property, the Federal Protective Service should
be immediately notified. The Federal Protective Service provides a uniformed law enforcement
response for most facilities, which may include use of its Explosive Detector Dog teams.
If the bomb threat is against a federal government property where the Federal Protective Service
is unable to provide a timely response, the appropriate facility's security or command staff should
be notified.
Bomb threats against a military installation should be reported to the military police or other military
security responsible for the installation.
420.5 PRIVATE FACILITY OR PROPERTY
When a member of this department receives notification of a bomb threat at a location in the
City of Port Orchard, the member receiving the notification should obtain as much information as
reasonably possible from the notifying individual, including:
(a) The location of the facility.
(b) The nature of the threat.
(c) Whether the type and detonation time of the device is known.
(d) Whether the facility is occupied and, if so, the number of occupants currently on -scene.
(e) Whether the individual is requesting police assistance at the facility.
(f) Whether there are any internal facility procedures regarding bomb threats in place,
such as:
1. No evacuation of personnel and no search for a device.
2. Search for a device without evacuation of personnel.
3. Evacuation of personnel without a search for a device.
4. Evacuation of personnel and a search for a device.
The member receiving the bomb threat information should ensure that the Shift Supervisor is
immediately notified so that he/she can communicate with the person in charge of the threatened
facility.
420.5.1 ASSISTANCE
The Shift Supervisor should be notified when police assistance is requested. The Shift Supervisor
will make the decision whether the Department will render assistance and at what level.
Information and circumstances that indicate a reasonably apparent, imminent threat to the safety
of either the facility or the public may require a more active approach, including police control
over the facility.
Should the Shift Supervisor determine that the Department will assist or control such an incident,
he/she will determine:
(a) The appropriate level of assistance
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(b) The plan for assistance.
(c) Whether to evacuate and/or search the facility.
(d) Whether to involve facility staff in the search or evacuation of the building.
1. The person in charge of the facility should be made aware of the possibility of
damage to the facility as a result of a search.
2. The safety of all participants is the paramount concern.
(e) The need for additional resources, including:
1. Notification and response, or standby notice, for fire and emergency medical
services.
Even though a facility does not request police assistance to clear the interior of a building, based
upon the circumstances and known threat, officers may be sent to the scene to evacuate other
areas that could be affected by the type of threat, or for traffic and pedestrian control.
420.6 FOUND DEVICE
When handling an incident involving a suspected explosive device, the following guidelines, while
not all inclusive, should be followed:
(a) No known or suspected explosive item should be considered safe regardless of its
size or apparent packaging.
(b) The device should not be touched or moved except by the bomb squad or military
explosive ordnance disposal team.
(c) Personnel should not transmit on any equipment that is capable of producing radio
frequency energy within the evacuation area around the suspected device. This
includes the following:
1. Two-way radios
2. Cell phones
3. Other personal communication devices
(d) The appropriate bomb squad or military explosive ordnance disposal team should be
summoned for assistance.
(e) The largest perimeter reasonably possible should initially be established around the
device based upon available personnel and the anticipated danger zone.
(f) A safe access route should be provided for support personnel and equipment.
(g) Search the area for secondary devices as appropriate and based upon available
resources.
(h) Consider evacuation of buildings and personnel near the device or inside the danger
zone and the safest exit route.
(i) Promptly relay available information to the Shift Supervisor including:
1. The time of discovery.
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2. The exact location of the device.
3. A full description of the device (e.g., size, shape, markings, construction).
4. The anticipated danger zone and perimeter.
5. The areas to be evacuated or cleared.
420.7 EXPLOSION/BOMBING INCIDENTS
When an explosion has occurred, there are multitudes of considerations which may confront the
responding officers. As in other catastrophic events, a rapid response may help to minimize injury
to victims, minimize contamination of the scene by gathering crowds, or minimize any additional
damage from fires or unstable structures.
420.7.1 CONSIDERATIONS
Officers responding to explosions, whether accidental or a criminal act, should consider the
following actions:
(a) Assess the scope of the incident, including the number of victims and extent of injuries.
(b) Request additional personnel and resources, as appropriate.
(c) Assist with first aid.
(d) Identify and take appropriate precautions to mitigate scene hazards, such as collapsed
structures, bloodborne pathogens and hazardous materials.
(e) Assist with the safe evacuation of victims, if possible.
(f) Establish an inner perimeter to include entry points and evacuation routes. Search for
additional or secondary devices.
(g) Preserve evidence.
(h) Establish an outer perimeter and evacuate if necessary.
(i) Identify witnesses.
420.7.1 NOTIFICATIONS
When an explosion has occurred, the following people shall be notified as soon as practicable if
their assistance is needed:
• Fire Department.
• Bomb Squad.
• Additional officers.
• Supervisor.
• Detectives.
• Crime Scene technicians.
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420.7.3 CROWD CONTROL
Only authorized personnel with a legitimate need shall be permitted access to the scene.
Spectators and other unauthorized individuals shall be excluded to a safe distance as is
reasonably practicable given the available resources and personnel.
420.7.4 SCENE OF INCIDENT
As in any other crime scene, steps should immediately be taken to preserve the scene. The scene
could extend over a long distance. Evidence may be embedded in nearby structures or hanging
in trees and bushes.
420.8 BOMB THREATS RECEIVED AT POLICE FACILITY
This procedure should be followed should a bomb threat call be received at the police facility. The
employee handling the call shall ensure a supervisor is immediately advised and fully informed
of the details. The supervisor will then direct and assign officers as required for coordinating the
response, general building search and/or evacuation as deemed appropriate.
420.8.1 BOMB THREATS RECEIVED BY TELEPHONE
The following questions should be asked if a bomb threat is received at the Police Department:
• When is the bomb going to explode?
• Where is the bomb?
• What kind of bomb is it?
• What does it look like?
• Why did you place the bomb?
• Who are you? (to avoid possible termination of the call this should be the last question
asked).
Attempt to keep the caller on the line as long as possible and obtain expanded answers to these
five basic questions.
During this time, document the following:
• Time of the call.
• Exact words of the person as accurately as possible.
• Estimated age and gender of the caller.
• Speech patterns and/or accents.
• Background noise.
If the incoming call is received at the police facility on a recorded line, steps shall be taken to ensure
that the recording is preserved in accordance with current department evidence procedures.
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420.9 BOMB THREATS RECEIVED AT OUTSIDE FACILITIES
The officer handling the call should contact the individual who received the threat to obtain
additional information, to include:
(a) Whether previous threats have been received.
(b) Possible motives and/or suspects.
(c) Vulnerabilities of equipment and personnel.
The person in charge of the premises should be contacted a provided assistance by explaining
the options available.
Evacuation;
2. Search by key employees and/or police; or,
3. Take no action.
Decisions to evacuate a place of business shall be made by the person in charge of the premises.
Decisions to evacuate schools shall be made by school administrators. The Police Department
will have the discretion of ordering evacuation only when the premises are owned by the City or
there is reasonably certain knowledge that there is a bomb or explosive device in any structure. If
management or the responsible agent does not wish that a search be conducted, no further action
of this agency is warranted with the exception of writing an incident report.
Only in cases where a real or suspected explosive device has been detected shall an evacuation
be conducted regardless of the desires of building management.
420.10 SEARCHES
Officers should consider consulting with, or utilizing the assistance of, employees or
others knowledgeable of the contents and layout of the building.
2. If the caller provided a specific time of detonation, the search should be halted thirty
minutes prior to that time and resumed no sooner than one hour after. If less than thirty
minutes remain to detonation when the call is received, an extensive search should
not be conducted and immediate consideration should be given to evacuation.
3. The supervisor may request the assistance of a bomb detection canine and/or bomb
disposal personnel in order to assist in conducting the search.
4. A search plan shall be developed identifying the extent of the search based upon
the type of establishment, the motivation of the perpetrator, and accessibility to the
building. Unless information has been received as to the specific location of an
explosive device, the search should be conducted from the outside in. An inside search
should begin from the lowest level working up.
5. A floor plan shall be obtained whenever possible to assist in performing a systematic
search organized by the supervisor.
6. In no case shall Department personnel declare that no bomb is present or in any way
make the representation that the building is safe to occupy, no matter how thorough
the search.
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Criminal Organizations
421.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Port Orchard Police Department appropriately
utilizes criminal intelligence systems and temporary information files to support investigations of
criminal organizations and enterprises.
421.1.1 DEFINITIONS
Definitions related to this policy include:
Criminal intelligence system - Any record system that receives, stores, exchanges or
disseminates information that has been evaluated and determined to be relevant to the
identification of a criminal organization or enterprise, its members or affiliates. This does not
include temporary information files.
421.2 POLICY
The Port Orchard Police Department recognizes that certain criminal activities, including but not
limited to gang crimes and drug trafficking, often involve some degree of regular coordination and
may involve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the
privacy and legal rights of the public.
421.3 CRIMINAL INTELLIGENCE SYSTEMS
No department member may create, submit to or obtain information from a criminal intelligence
system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the
standards of 28 CFR 23.20 and RCW 43.43.762.
A designated supervisor will be responsible for maintaining each criminal intelligence system that
has been approved for department use. The supervisor or the authorized designee should ensure
the following:
(a) Members using any such system are appropriately selected and trained.
(b) Use of every criminal intelligence system is appropriately reviewed and audited.
(c) Any system security issues are reasonably addressed.
421.3.1 SYSTEM ENTRIES
It is the designated supervisor's responsibility to approve the entry of any information from a
report, FI, photo or other relevant document into an authorized criminal intelligence system. If
entries are made based upon information that is not on file with this department, such as open
or public source documents or documents that are on file at another agency, the designated
supervisor should ensure copies of those documents are retained by the Records Unit. Any
supporting documentation for an entry shall be retained by the Records Unit in accordance with
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the established records retention schedule and for at least as long as the entry is maintained in
the system.
The designated supervisor should ensure that any documents retained by the Records Unit are
appropriately marked as intelligence information. The Police Services Coordinator may not purge
such documents without the approval of the designated supervisor.
421.3.2 SYSTEM ENTRIES
It is the designated supervisor's responsibility to approve the entry of any information into a
criminal intelligence system operated by the state patrol and authorized by RCW 43.43.762.
Entries into such a database shall be based upon reasonable suspicion of criminal activity or actual
criminal activity, and must be supported by documentation, where documentation is available
(RCW 43.43.762(2)).
421.4 TEMPORARY INFORMATION FILE
No member may create or keep files on individuals that are separate from the approved criminal
intelligence system. However, members may maintain temporary information that is necessary to
actively investigate whether a person or group qualifies for entry into the department -approved
CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted
to the supervisor responsible for consideration of CIS entries.
421.4.1 FILE CONTENTS
A temporary information file may only contain information and documents that, within one year, will
have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence
system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department
supervisor.
(b) Should not be originals that would ordinarily be retained by the Records Unit or
Property and Evidence Unit, but should be copies of, or references to, retained
documents, such as copies of reports, field interview (FI) forms, Kitsap 911 records
or booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as
being involved in crime beyond what is already in the document or information.
(d) May include information collected from publicly available sources or references to
documents on file with another government agency. Attribution identifying the source
should be retained with the information.
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421.4.2 FILE REVIEW AND PURGING
The contents of a temporary information file shall not be retained longer than one year. At the end
of one year, the contents must be purged in compliance with the department records retention
schedule or entered in an authorized criminal intelligence system, as applicable.
The designated supervisor shall periodically review the temporary information files to verify that
the contents meet the criteria for retention. Validation and purging of files is the responsibility of
the supervisor.
421.5 INFORMATION RECOGNITION
Department members should document facts that suggest an individual, organization or enterprise
is involved in criminal activity and should forward that information appropriately. Examples include,
but are not limited to:
(a) Gang indicia associated with a person or residence.
(b) Information related to a drug -trafficking operation.
(c) Vandalism indicating an animus for a particular group.
(d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should work with
the Deputy Chief to train members to identify information that may be particularly relevant for
inclusion.
421.6 RELEASE OF INFORMATION
Department members shall comply with the rules of an authorized criminal intelligence system
regarding inquiries and release of information.
Information from a temporary information file may only be furnished to department members
and other law enforcement agencies on a need -to -know basis and consistent with the Records
Maintenance and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's
name is in a temporary information file, such information should be provided by the supervisor
responsible for the temporary information file, unless there is good cause to believe that the
release of such information might jeopardize an ongoing criminal investigation.
421.7 CRIMINAL STREET GANGS
The General Investigations Unit supervisor should ensure that there are an appropriate number
of department members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above
average familiarity with identification of criminal street gangs, criminal street gang
members and patterns of criminal gang activity.
(b) Train other members to identify gang indicia and investigate criminal street gang -
related crimes.
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421.8 TRAINING
The Deputy Chief should provide training on best practices in the use of each authorized criminal
intelligence system to those tasked with investigating criminal organizations and enterprises.
Training should include:
(a) The protection of civil liberties
(b) Participation in a multi -agency criminal intelligence system.
(c) Submission of information into a multi -agency criminal intelligence system or the
receipt of information from such a system, including any governing federal and state
rules and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or
temporary information file.
(e) The review and purging of temporary information files.
(f) All users of the Washington criminal street gang database shall receive training on its
use prior to accessing the database (RCW 43.43.762).
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Rapid Response and Deployment
422.1 PURPOSE AND SCOPE
Violence that is committed in schools, workplaces and other locations by individuals or a group of
individuals who are determined to target and kill persons and to create mass casualties presents
a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and
factors that will assist responding officers in situations that call for rapid response and deployment.
422.2 POLICY
The Port Orchard Police Department will endeavor to plan for rapid response to crisis situations,
and to coordinate response planning with other emergency services as well as with those that are
responsible for operating sites that may be the target of a critical incident.
Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members
of the Department in protecting themselves or others from death or serious injury.
422.3 FIRST RESPONSE
If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger,
first responding officers should consider reasonable options to reduce, prevent or eliminate the
threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances,
whether to advance on the suspect, take other actions to deal with the threat or wait for additional
resources.
If a suspect is actively engaged in the infliction of serious bodily harm or other life -threatening
activity toward others, officers should take immediate action, if reasonably practicable, while
requesting additional assistance.
Officersshould remain aware of the possibility that an incident may be part of a coordinated multi -
location attack that may require some capacity to respond to other incidents at other locations.
When deciding on a course of action officers should consider:
(a) Whether to advance on or engage a suspect who is still a possible or perceived threat
to others. Any advance or engagement should be made based on information known
or received at the time.
(b) Whether to wait for additional resources or personnel, This does not preclude an
individual officer from taking immediate action.
(c) Whether individuals who are under imminent threat can be moved or evacuated with
reasonable safety.
(d) Whether the suspect can be contained or denied access to victims.
(e) Whether the officers have the ability to effectively communicate with other personnel
or resources.
(f) Whether planned tactics can be effectively deployed.
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(g) The availability of rifles, shotguns, shields, breaching tools, control devices and any
other appropriate tools, and whether the deployment of these tools will provide a
tactical advantage.
In a case of a barricaded suspect with no hostages and no immediate threat to others, officers
should consider summoning and waiting for additional assistance (special tactics and/or hostage
negotiation team response).
422.4 TRAINING
The Deputy Chief should include rapid response to critical incidents in the training plan. This
training should address:
(a) Orientation to likely critical incident target sites, such as schools, shopping centers,
entertainment and sporting event venues.
(b) Communications interoperability with other law enforcement and emergency service
agencies.
(c) Patrol first -response training, including patrol rifle, shotgun, breaching tool and control
device training.
(d) First aid, including gunshot trauma.
(e) Reality -based scenario training (e.g., active shooter, disgruntled violent worker).
422.5 PLANNING
The Deputy Chief should coordinate critical incident planning. Planning efforts should consider:
(a) Identification of likely critical incident target sites, such as schools, shopping centers,
entertainment and sporting event venues.
(b) Availability of building plans and venue schematics of likely critical incident target sites.
(c) Communications interoperability with other law enforcement and emergency service
agencies.
(d) Training opportunities in critical incident target sites, including joint training with site
occupants.
(e) Evacuation routes in critical incident target sites.
(f) Patrol first -response training.
(g) Response coordination and resources of emergency medical and fire services.
(h) Equipment needs.
(i) Mutual aid agreements with other agencies.
Q) Coordination with private security providers in critical incident target sites.
422.6 CONSIDERATIONS
When dealing with a crisis situation members should:
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(a) Assess the immediate situation and take reasonable steps to maintain operative
control of the incident.
(b) Obtain, explore and analyze sources of intelligence and known information regarding
the circumstances, location and suspect involved in the incident.
(c) Attempt to attain a tactical advantage over the suspect by reducing, preventing or
eliminating any known or perceived threat.
(d) Attempt, if feasible and based upon the suspect's actions and danger to others, a
negotiated surrender of the suspect and release of the hostages.
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Immigration Violations
423.1 PURPOSE AND SCOPE
All individuals, regardless of their immigration status, must feel secure that contacting law
enforcement will not make them vulnerable to deportation. Officers shall not contact, question,
delay, detain, or arrest an individual because he/she is suspected of violating immigration laws.
Officers should not attempt to determine the immigration status of crime victims and witnesses or
take enforcement action against them due to that immigration status. Undocumented presence,
in and of itself, is not a criminal violation.
Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement
information with any other federal, state, or local government entity (Title 8 U.S.C. § 1373 and
8 U.S.C. § 1644).
The immigration status of individuals is generally not a matter for police action. It is incumbent upon
all employees of this department to make a personal commitment to equal enforcement of the law
and equal service to the public regardless of immigration status. Confidence in this community will
increase the effectiveness of the Department in protecting and serving the entire community.
423.2 POLICY
The Department of Homeland Security has primary jurisdiction for enforcement of the provisions
of Title 8, United States Code (U.S.C.) dealing with illegal entry. When assisting DHS at its specific
request, orwhen suspected criminal violations are discovered as a result of inquiry or investigation
based on probable cause originating from activities other than the isolated violations of Title 8,
U.S.C., §§ 1304, 1324, 1325 and 1326, this department may assist in the enforcement of federal
immigration laws.
However, a request from DHS does not provide a legal basis to stop or detain an individual, or to
prolong the detention of an individual. Officers must have an independent legal basis to stop or
detain any individual. It is the policy of this department that we do not ask about the immigration
status unless it is directly related to the crime being investigated.
423.3 PROCEDURES FOR IMMIGRATION COMPLAINTS
Persons wishing to report immigration violations should be referred to the local office of the U.S.
Immigration and Customs Enforcement (ICE). Port Orchard Police Department staff should not call
ICE on their behalf. The Employer Sanction Unit of ICE has primary jurisdiction for enforcement
of such immigration violations under Title 8, U.S.C.
423.3.1 BASIS FOR CONTACT
Unless immigration status is relevant to another criminal offense or investigation (e.g. harboring,
smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien
shall not be the basis for contact, detention, or arrest.
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423.3.2 SWEEPS
The Port Orchard Police Department does not independently conduct sweeps or other
concentrated efforts to detain suspected undocumented aliens.
When enforcement efforts are increased in a particular area, equal consideration should be given
to all suspected violations and not just those affecting a particular race, sex (including pregnancy,
gender identity, and sexual orientation), age (40 or older), religion, creed, color, national origin,
ancestry, disability, marital status, familial status, genetic information, veteran or military status.
The disposition of each contact (e.g. warning, citation, arrest), while discretionary in each case,
should not be affected by such factors as race, sex (including pregnancy, gender identity, and
sexual orientation), age (40 or older), religion, creed, color, national origin, ancestry, disability,
marital status, familial status, genetic information, veteran or military status.
423.3.3 DEPARTMENT OF HOMELAND SECURITY (DHS) REQUEST FOR ASSISTANCE
If a specific request is made by DHS or any other federal agency, this department will provide
available support services, such as traffic control or peacekeeping efforts, during the federal
operation.
Members of this department should not participate in such federal operations as part of any
detention team unless it is in direct response to a request for assistance on a temporary basis
or for officer safety. Any detention by a member of this department should be based upon the
reasonable belief that an individual is involved in criminal activity.
423.3.4 IDENTIFICATION
Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor,
or felony), the investigating officer should take reasonable steps to determine the person's identity
through valid identification or other reliable sources.
If an individual would have otherwise been released for an infraction or misdemeanor on a citation,
the person should be taken to the station and given a reasonable opportunity to verify his/her
true identity (e.g. telephone calls). If the person's identity is thereafter reasonably established, the
original citation release should be completed without consideration of immigration status.
423.3.5 ARREST
If the officer intends to take enforcement action and the individual is unable to reasonably establish
his/hertrue identity, the officer may take the person into custody on the suspected criminal violation
(10.31.100).
423.3.6 BOOKING
If the officer is unable to reasonably establish an arrestee's identity, the individual may be booked
into jail for the suspected criminal violation and held for bail.
Any person detained for an infraction pursuant to the authority of RCW 46.61.021, may be detained
for a reasonable period for the purpose of determining a person's true identity.
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423.4 FEDERAL REQUESTS FOR ASSISTANCE
Requests by federal immigration officials for assistance from this department should be directed
to a supervisor. The Department may provide available support services, such as traffic control
or peacekeeping efforts.
423.5 WASHINGTON STATE IMMIGRATION RESTRICTIONS
Members shall not (RCW 10.93.160):
(a) Inquire into or collect information about an individual's immigration or citizenship
status, or place of birth unless there is a connection between such information and an
investigation into a violation of state or local criminal law.
(b) Provide information pursuant to notification requests from federal immigration
authorities for the purposes of civil immigration enforcement, except as required by
law.
(c) Provide nonpublicly available personal information about an individual to federal
immigration authorities in a noncriminal matter, except as required by state or federal
law.
(d) Give federal immigration authorities access to interview individuals about a
noncriminal matter while they are in custody, except as required by state or federal
law, a court order, or written consent of the individual.
(e) Allow a federal immigration authority to conduct an interview regarding federal
immigration violations with a person who is in custody if the person has not consented
in writing to be interviewed. In order to obtain consent, the person shall be provided
with an oral explanation and a written consent form that explains the purpose of
the interview, that the interview is voluntary, and that the person may decline to be
interviewed or may choose to be interviewed only with the person's attorney present.
(f) Detain individuals solely for the purpose of determining their immigration status.
(g) Take a person into custody or hold a person in custody:
1. Solely for the purposes of determining immigration status
2. Based solely on a civil immigration warrant issued by a federal immigration
authority
3. On an immigration hold request
423.5.1 SCHOOL RESOURCE OFFICERS
Members who are school resource officers shall not (RCW 10.93.160):
(a) Inquire or collect information about an individual's immigration or citizenship status,
or place of birth.
(b) Provide information pursuant to notification requests from federal immigration officials
for the purposes of civil immigration enforcement, except as required by law.
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423.6 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U
visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
Similar immigration protection, known as a T visa, is available for certain qualifying victims of
human trafficking (8 USC § 1101(a)(15)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely
manner to the General Investigations Unit supervisor assigned to oversee the handling of any
related case. The General Investigations Unit supervisor should:
(a) Consult with the assigned investigator to determine the current status of any related
case and whether further documentation is warranted.
(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
certification or declaration has not already been completed and whether a certification
or declaration is warranted.
(c) Address the request and complete the certification or declaration, if appropriate, in a
timely manner (RCW 7.98.020).
1. The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS) website.
(d) Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
423.6.1 TIME FRAME FOR COMPLETION
The General Investigations Unit supervisor should ensure that the certification for the U visa or T
visa is processed within 90 days of the request, unless the victim is in federal immigration removal
proceedings, in which case the certification shall be executed within 14 days after the request is
received. The certification may be withdrawn only if the victim unreasonably refuses to provide
information and assistance related to the investigation or prosecution of the associated criminal
activity when reasonably requested by the Department (RCW 7.98.020).
423.6.2 U VISA AND T VISA DOCUMENTATION AND REPORTING
The General Investigations Unit supervisor shall keep written documentation regarding the
number of certification forms that are (RCW 7.98.020):
(a) Requested by a victim.
(b) Signed.
(c) Denied.
(d) Withdrawn.
The General Investigations Unit supervisor or the authorized designee should ensure that the
information collected regarding certification forms is reported annually to the Office of Crime
Victims Advocacy (RCW 7.98.020).
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423.6.3 RELEASE OF INFORMATION
Personal identifying information or information regarding the citizenship or immigration status of
any victim of criminal activity or trafficking who is requesting a certification shall not be disclosed
except when allowed by law (RCW 7.98.020). See also the Records Maintenance and Release
Policy.
423.7 TRAINING
The Deputy Chief should ensure that officers receive training on this policy.
Training should include:
(a) Identifying civil versus criminal immigration violations.
(b) Factors that may be considered in determining whether a criminal immigration offense
has been committed.
(c) Statutory limitations on immigration enforcement.
(d) U visa and T visa certification training.
(e) Appropriate information sharing pursuant to 8 USC § 1373.
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Obtaining Air Support
424.1 PURPOSE AND SCOPE
The use of a police helicopter can be invaluable in certain situations. This policy specifies potential
situations where the use of a helicopter may be requested and the responsibilities for making a
request.
424.2 REQUEST FOR HELICOPTER ASSISTANCE
If a supervisor or officer in charge of an incident determines that the use of a helicopter would be
beneficial, a request to obtain helicopter assistance may be made.
424.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY
After consideration and approval of the request for a helicopter, the Shift Supervisor, or his/her
designee, will call the closest agency having helicopter support available. The Shift Supervisor on
duty will apprise that agency of the specific details of the incident prompting the request.
424.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED
Police helicopters may be requested under any of the following conditions:
(a) When the helicopter is activated under existing mutual aid agreements.
(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence
of the helicopters may reduce such hazard.
(c) When the use of the helicopters will aid in the capture of a suspected fleeing felon
whose continued freedom represents an ongoing threat to the community.
(d) When a helicopter is needed to locate a person who has strayed or is lost and whose
continued absence constitutes a serious health or safety hazard.
(e) Vehicle pursuits.
While it is recognized that the availability of helicopter support will generally provide valuable
assistance to ground personnel, the presence of a helicopterwill rarely replace the need for officers
on the ground.
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Field Training Officer Program
425.1 PURPOSE AND SCOPE
The Field Training Officer Program is intended to provide a standardized program to facilitate the
officer's transition from the academic setting to the actual performance of general law enforcement
duties of the Port Orchard Police Department.
It is the policy of this department to assign all new police officers to a structured Field Training
Officer Program that is designed to prepare the new officer to perform in a patrol assignment
possessing all skills needed to operate in a safe, productive and professional manner.
425.2 FIELD TRAINING OFFICER SELECTION AND TRAINING
The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training
and evaluating entry level and lateral police officers in the application of their previously acquired
knowledge and skills.
425.2.1 SELECTION PROCESS
FTOs will be selected based on the following requirements:
(a) Desire to be an FTO.
(b) Minimum of three years of patrol experience with the Port Orchard Police Department.
Officers with less than three years with the department, but with applicable outside
law enforcement experience, may apply for an exemption from the Chief of Police.
(c) Demonstrated ability as a positive role model.
(d) Participate and pass an internal oral interview selection process.
(e) Evaluation by supervisors and current FTOs.
(f) Holds a valid Peace Officer Certificate with CJTC.
425.2.2 TRAINING
An officer selected as a Field Training Officer shall successfully complete a CJTC Certified (40-
hour) Field Training Officer's Course prior to being assigned as an FTO.
425.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR
The Field Training Officer Program supervisor will be selected from the rank of sergeant or
above by the Operations Deputy Chief or their designee and shall possess a CJTC Supervisory
Certificate.
The responsibilities of the FTO Program Supervisor include the following:
(a) Assignment of trainees to FTOs.
(b) Conduct FTO meetings.
(c) Maintain and ensure FTO/Trainee performance evaluations are completed.
(d) Maintain, update and issue the Field Training Manual to each trainee.
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(e) Monitor individual FTO performance.
(f) Monitor overall FTO Program.
(g) Maintain liaison with FTO Coordinators of other agencies.
(h) Maintain liaison with academy staff on recruit performance during the academy.
(i) Develop ongoing training for FTOs.
425.4 TRAINEE DEFINED
Any entry level or lateral police officer newly appointed to the Port Orchard Police Department
who has successfully completed a CJTC approved Basic Academy.
425.5 REQUIRED TRAINING
Entry-level officers shall be required to successfully complete the Field Training Program,
consisting of a minimum of 560 hours.
Lateral officers shall be scheduled for the program's minimum of 560 hours. The training program
may be modified depending on the officer's performance and level of experience. If a lateral officer
demonstrates the skills and proficiencies expected of a fully functional patrol officer, the FTO cadre
may make recommend a program modification to the Chief of Police. Upon approval of the Chief
of Police, the lateral officer may be removed early from the training program and placed on solo
patrol.
To the extent practicable, entry-level and lateral officers should be assigned to a variety of Field
Training Officers, shifts, and geographical areas during their Field Training Program.
425.5.1 FIELD TRAINING MANUAL
Each new officer will be issued a Field Training Manual at the beginning of their Primary Training
Phase. This manual is an outline of the subject matter and/or skills necessary to properly function
as an officer with the Port Orchard Police Department. The officer shall become knowledgeable
of the subject matter as outlined. They shall also become proficient with those skills as set forth
in the manual.
The Field Training Manual will specifically cover those policies, procedures, rules and regulations
enacted by the Port Orchard Police Department.
425.6 EVALUATIONS
Evaluations are an important component of the training process and shall be completed as outlined
below.
425.6.1 FIELD TRAINING OFFICER
The FTO will be responsible for the following:
(a) Complete and submit a written evaluation on the performance of their assigned trainee
to the FTO program supervisor on a daily basis.
(b) Review the Daily Observation Reports with the trainee each day.
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(c) Complete and submit a weekly written evaluation on the performance of their assigned
trainee to the FTO program supervisor.
(d) Complete a detailed end -of -phase performance evaluation on their assigned trainee
at the end of each phase of training.
(e) Sign off all completed topics contained in the Field Training Manual, noting the
method(s) of learning and evaluating the performance of their assigned trainee.
425.6.2 FIELD TRAINING PROGRAM SUPERVISOR
The Field Training Program supervisor will review and approve the Daily Observation Reports
submitted by the FTO through their immediate supervisor.
425.6.3 TRAINEE
At the completion of the Field Training Program, the trainee shall submit a confidential
performance evaluation on each of their FTOs and on the Field Training Program to the Deputy
Chief.
425.7 DOCUMENTATION
All documentation of the Field Training Program will be retained in the officer's training files and
will at a minimum consist of the following:
(a) Daily Observation Reports.
(b) Weekly observation reports.
(c) End of phase evaluations.
(d) A Certificate of Completion certifying that the trainee has successfully completed the
required number of hours of field training.
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Emergency Utility Service
426.1 PURPOSE AND SCOPE
The City Public Works Department has personnel available to handle emergency calls 24
hours per day. Calls for service during non -business hours are frequently directed to the Police
Department. Requests for such service received by this department should be handled in the
following manner.
426.1.1 BROKEN WATER LINES
The Citys responsibility ends at the water meter; any break or malfunction in the water system
from the water meter to the citizen's residence or business is the customer's responsibility.
If a break occurs on the City side of the meter, emergency personnel should be called as soon
as practical by Kitsap 911.
426.1.2 ELECTRICAL LINES
City Public Works does not maintain electrical lines to street light poles. When a power line poses
a hazard, an officer should be dispatched to protect against personal injury or property damage
that might be caused by power lines. The Electric Company or Public Works should be promptly
notified, as appropriate. Public Works may respond to close streets and provide detours until the
proper outside agency resources arrive.
426.1.3 RESERVOIRS, PUMPS, WELLS, ETC.
Public Works maintains the reservoirs and public water equipment, as well as several underpass
and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency
personnel should be contacted as soon as possible.
426.1.4 EMERGENCY NUMBERS
A current list of emergency personnel who are to be called for municipal utility emergencies is
maintained by Kitsap 911.
426.2 TRAFFIC SIGNAL MAINTENANCE
The City of Port Orchard maintains an inter -local agreement with Kitsap County to furnish
maintenance for all traffic signals within the City, other than those maintained by the State of
Washington.
426.2.1 OFFICER'S RESPONSIBILITY
Upon observing a damaged or malfunctioning signal, the officer will advise the Kitsap 911 of the
location and problem with the signal. The dispatcher should make the necessary notification to
the proper maintenance agency. Public Works will not place stop signs at signaled intersections
that have lost power until the proper responding agency arrives.
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Civil Disputes
427.1 PURPOSE AND SCOPE
This policy provides members of the Port Orchard Police Department with guidance for addressing
conflicts between persons when no criminal investigation or enforcement action is warranted (e.g.,
civil matters), with the goal of minimizing any potential for violence or criminal acts.
The Domestic Violence Policy will address specific legal mandates related to domestic violence
court orders. References in this policy to "court orders" apply to any order of a court that does not
require arrest or enforcement by the terms of the order or by Washington law.
427.2 POLICY
The Port Orchard Police Department recognizes that a law enforcement presence at a civil
dispute can play an important role in the peace and safety of the community. Subject to available
resources, members of this department will assist at the scene of civil disputes with the primary
goal of safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, members will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
427.3 GENERAL CONSIDERATIONS
When appropriate, members handling a civil dispute should encourage the involved parties to
seek the assistance of resolution services or take the matter to the civil courts. Members must not
become personally involved in disputes and shall at all times remain impartial.
While not intended to be an exhaustive list, members should give considerations to the following
when handling civil disputes:
(a) Civil disputes tend to be confrontational and members should be alert that they can
escalate to violence very quickly. De-escalation techniques should be used when
appropriate.
(b) Members should not dismiss alleged or observed criminal violations as a civil matter
and should initiate the appropriate investigation and report when criminal activity is
apparent.
(c) Members shall not provide legal advice, however, when appropriate, members should
inform the parties when they are at risk of violating criminal laws.
(d) Members are reminded that they shall not enter a residence or other non-public
location without legal authority.
(e) Members should not take an unreasonable amount of time assisting in these matters
and generally should contact a supervisor if it appears that peacekeeping efforts longer
than 30 minutes are warranted.
427.4 COURT ORDERS
Disputes involving court orders can be complex. Where no mandate exists for an officer to make an
arrest for a violation of a court order, the matter should be addressed by documenting any apparent
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court order violation in a report. If there appears to be a more immediate need for enforcement
action, the investigating officer should consult a supervisor prior to making any arrest.
If a person appears to be violating the terms of a court order but is disputing the validity of the
order or its applicability, the investigating officer should document the following:
(a) The person's knowledge of the court order or whether proof of service exists.
(b) Any specific reason or rationale the involved person offers for not complying with the
terms of the order.
A copy of the court order should be attached to the report when available. The report should be
forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing
the order with a notice that the report was also forwarded to the prosecutor for review.
427.4.1 STANDBY REQUESTS
Officers responding to a call for standby assistance to retrieve property should meet the person
requesting assistance at a neutral location to discuss the process. The person should be advised
that items that are disputed will not be allowed to be removed. The member may advise the person
to seek private legal advice as to the distribution of disputed property.
Officers should determine if the time of the standby is considered objectively reasonable for both
involved parties. Members should accompany the person to the location of the property. Members
should ask if the other party will allow removal of the property or whether the other party would
remove the property.
If the other party is uncooperative, the person requesting standby assistance should be instructed
to seek private legal advice and obtain a court order to obtain the items (RCW 7.105.320). Officers
should not order the other party to allow entry or the removal of any items. If there is a restraining
or similar order against the person requesting standby assistance, that person should be asked
to leave the scene or the person may be subject to arrest for violation of the order.
If the other party is not present at the location, the member will not allow entry into the location
or the removal of property from the location.
427.5 VEHICLES AND PERSONAL PROPERTY
Officers may be faced with disputes regarding possession or ownership of vehicles or other
personal property. Officers may review documents provided by parties or available databases
(e.g., vehicle registration), but should be aware that legal possession of vehicles or personal
property can be complex. Generally, officers should not take any enforcement action unless a
crime is apparent. The people and the vehicle or personal property involved should be identified
and the incident documented.
427.6 REAL PROPERTY
Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should
generally be handled through a person seeking a court order.
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427.6.1 REQUEST TO REMOVE TRESPASSER DECLARATION
Officers possessing a lawful declaration signed under penalty of perjury and in the form required by
law, may take enforcement action to remove a person from a residence when (RCW 9A.52.105):
• The person has been allowed a reasonable opportunity to secure and present
evidence that the person is lawfully on the premises
• The officer reasonably believe he/she has probable cause to believe the person is
committing criminal trespass under RCW 9A.52.070
An officer should give the trespasser a reasonable opportunity to vacate the premises before
taking enforcement action.
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Medical Aid and Response
428.1 PURPOSE AND SCOPE
This policy recognizes that members often encounter persons who appear to be in need of medical
aid and establishes a law enforcement response to such situations.
428.2 POLICY
It is the policy of the Port Orchard Police Department that all officers and other designated
members be trained to provide emergency medical aid and to facilitate an emergency medical
response.
428.3 FIRST RESPONDING MEMBER RESPONSIBILITIES
Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g.,
first aid, CPR and use of an automated external defibrillator (AED)) in accordance with their training
and current certification levels. This should be done for those in need of immediate care and only
when the member can safely do so.
Prior to initiating medical aid, the member should contact Kitsap 911 and request response by
emergency medical services (EMS) as the member deems appropriate.
Members should follow universal precautions when providing medical aid, such as wearing gloves
and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy.
Members should use a barrier or bag device to perform rescue breathing.
When requesting EMS, the member should provide Kitsap 911 with information for relay to EMS
personnel in order to enable an appropriate response, including:
(a) The location where EMS is needed.
(b) The nature of the incident.
(c) Any known scene hazards.
(d) Information on the person in need of EMS, such as:
1. Signs and symptoms as observed by the member.
2. Changes in apparent condition.
3. Number of patients, sex, and age, if known.
4. Whether the person is conscious, breathing, and alert, or is believed to have
consumed drugs or alcohol.
5. Whether the person is showing signs of extreme agitation or is engaging
in violent irrational behavior accompanied by profuse sweating, extraordinary
strength beyond their physical characteristics, and imperviousness to pain.
Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.
Members should not direct EMS personnel whether to transport the person for treatment.
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Injured persons shall be monitored while in law enforcement custody (Washington State Office of
the Attorney General Model Use of Force Policy).
428.4 TRANSPORTING ILL AND INJURED PERSONS
Except in extraordinary cases where alternatives are not reasonably available, members should
not transport persons who are unconscious, who have serious injuries or who may be seriously
ill. EMS personnel should be called to handle patient transportation.
Officers should search any person who is in custody before releasing that person to EMS for
transport.
An officer should accompany any person in custody during transport in an ambulance when
requested by EMS personnel, when it reasonably appears necessary to provide security, when it
is necessary for investigative purposes or when so directed by a supervisor.
Members should not provide emergency escort for medical transport or civilian vehicles.
428.5 PERSONS REFUSING EMS CARE
If a person who is not in custody refuses EMS care or refuses to be transported to a medical
facility, an officer shall not force that person to receive care or be transported. However, members
may assist EMS personnel when EMS personnel determine the person lacks mental capacity to
understand the consequences of refusing medical care or to make an informed decision and the
lack of immediate medical attention may result in serious bodily injury or the death of the person.
In cases where mental illness may be a factor, the officer should consider proceeding with an
emergency detention in accordance with the Emergency Detentions Policy.
If an officer believes that a person who is in custody requires EMS care and the person refuses, the
officer should encourage the person to receive medical treatment. The officer may also consider
contacting a family member to help persuade the person to agree to treatment or who may be
able to authorize treatment for the person.
If the person still refuses, the officer will require the person to be transported to the nearest medical
facility. In such cases, the officer should consult with a supervisor prior to the transport.
Members shall not sign refusal -for -treatment forms or forms accepting financial responsibility for
treatment.
428.6 MEDICAL ATTENTION RELATED TO USE OF FORCE
Specific guidelines for medical attention for injuries sustained from a use of force may be found in
the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted
Energy Device policies.
428.7 SICK OR INJURED ARRESTEE
If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared
prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the
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officer should contact a supervisor, who will determine whether medical clearance will be obtained
prior to booking.
If the jail or detention facility refuses to accept custody of an arrestee based on medical screening,
the officer should note the name of the facility person refusing to accept custody and the reason
for refusal, and should notify a supervisor to determine the appropriate action.
Arrestees who appear to have a serious medical issue should be transported by ambulance.
Officers shall not transport an arrestee to a hospital without a supervisor's approval.
Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably
appears to be exhibiting symptoms that appear to be life threatening, including breathing problems
or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants
an EMS response in accordance with the officer's training.
428.8 AIR AMBULANCE
Generally, when on -scene, EMS personnel will be responsible for determining whether an air
ambulance response should be requested. An air ambulance may be appropriate when there are
victims with life -threatening injuries or who require specialized treatment (e.g., gunshot wounds,
burns, obstetrical cases), and distance or other known delays will affect the EMS response.
The Deputy Chief should develop guidelines for air ambulance landings or enter into local
operating agreements for the use of air ambulances, as applicable. In creating those guidelines,
the Department should identify:
• Responsibility and authority for designating a landing zone and determining the size
of the landing zone.
• Responsibility for securing the area and maintaining that security once the landing
zone is identified.
• Consideration of the air ambulance provider's minimum standards for proximity to
vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete,
grass).
• Consideration of the air ambulance provider's minimum standards for horizontal
clearance from structures, fences, power poles, antennas or roadways.
• Responsibility for notifying the appropriate highway or transportation agencies if a
roadway is selected as a landing zone.
• Procedures for ground personnel to communicate with flight personnel during the
operation.
One department member at the scene should be designated as the air ambulance communications
contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance.
Members should direct vehicle and pedestrian traffic away from the landing zone.
Members should follow these cautions when near an air ambulance:
• Never approach the aircraft until signaled by the flight crew.
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• Always approach the aircraft from the front.
• Avoid the aircraft's tail rotor area.
• Wear eye protection during landing and take -off.
• Do not carry or hold items, such as IV bags, above the head.
• Ensure that no one smokes near the aircraft.
428.10 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE
A semi -automatic external defibrillator or AED should only be used by members who have
completed a course approved by the Washington State Department of Health (DOH) that includes
instruction in CPR and the use of an AED (RCW 70.54.310).
428.10.1 AED USER RESPONSIBILITY
Members who are issued AEDs for use in department vehicles should check the AED at the
beginning of the shift to ensure it is properly charged and functioning. Any AED that is not
functioning properly will be taken out of service and given to the Deputy Chief who is responsible
for ensuring appropriate maintenance.
Following use of an AED, the device shall be cleaned and/or decontaminated as required. The
electrodes and/or pads will be replaced as recommended by the AED manufacturer.
Any member who uses an AED shall contact Kitsap 911 as soon as possible and request response
by EMS (RCW 70.54.310).
428.10.2 AED REPORTING
Any member using an AED will complete an incident report detailing its use. Any data from usage
shall be made available, upon request, to EMS or other health care providers (RCW 70.54.310).
428.10.3 AED TRAINING AND MAINTENANCE
The Deputy Chief should ensure appropriate training is provided to members authorized to use
an AED.
The Deputy Chief is responsible for ensuring AED devices are appropriately maintained and
tested consistent with the manufacturer's operational guidelines, and will retain records of all
maintenance in accordance with the established records retention schedule (RCW 70.54.310).
428.11 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION
Members may administer opioid overdose medication in accordance with protocol specified by the
health care practitioner who prescribed the overdose medication for use by the member (RCW
69.41.095).
428.11.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES
Members who are qualified to administer opioid overdose medication, such as naloxone, should
handle, store and administer the medication consistent with their training. Members should check
the medication and associated administration equipment at the beginning of their shift to ensure
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they are serviceable and not expired. Any expired medication or unserviceable administration
equipment should be removed from service and given to the Deputy Chief.
Any member who administers an opioid overdose medication should contact Kitsap 911 as soon
as possible and request response by EMS.
428.11.2 OPIOID OVERDOSE MEDICATION REPORTING
Any member administering opioid overdose medication should detail its use in an appropriate
report.
The Deputy Chief will ensure that the Police Services Coordinator is provided enough information
to meet applicable state reporting requirements. Any report shall be forwarded to the program
manager.
428.11.3 OPIOID OVERDOSE MEDICATION TRAINING
The Deputy Chief should ensure training is provided to members authorized to administer opioid
overdose medication.
428.12 FIRST AID TRAINING
Subject to available resources, the Deputy Chief should ensure officers receive periodic first aid
training appropriate for their position.
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Policy Manual
First Amendment Assemblies
429.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations. This policy
should be considered in conjunction with the Department's Civil Disturbances policy.
429.2 POLICY
The Port Orchard Police Department respects the rights of people to peaceably assemble. It is
the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate
against persons engaged in the lawful exercise of their rights, while also preserving the peace,
protecting life and preventing the destruction of property.
429.3 GENERAL CONSIDERATIONS
Individuals or groups present on the public way, such as public facilities, streets or walkways,
generally have the right to assemble, rally, demonstrate, protest or otherwise express their views
and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction
of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and
leafleting, and loitering. However, officers shall not take action or fail to take action based on the
opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law
enforcement actions are measured and appropriate for the behaviors officers may encounter. This
is particularly critical if force is being used. Adaptable strategies and tactics are essential. The
purpose of a law enforcement presence at the scene of public assemblies and demonstrations
should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Engage in assembly or demonstration -related discussion with participants.
(b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless an
officer is placing a person under lawful arrest.
Supervisors should continually observe department members under their commands to ensure
that members' interaction with participants and their response to crowd dynamics is appropriate.
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429.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS
Photographs and video recording, when appropriate, can serve a number of purposes,
including support of criminal prosecutions by documenting criminal acts; assistance in evaluating
department performance; serving as training material; recording the use of dispersal orders; and
facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or
maintaining information about the political, religious or social views of associations, or the activities
of any individual, group, association, organization, corporation, business or partnership, unless
such information directly relates to an investigation of criminal activities and there is reasonable
suspicion that the subject of the information is involved in criminal conduct.
429.4 UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding officer
should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective)
• Any initial indicators of unlawful or disruptive activity
• Indicators that lawful use of public facilities, streets or walkways will be impacted
• Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to Kitsap 911, and the
assignment of a supervisor should be requested. Additional resources should be requested as
appropriate. The responding supervisor shall assume command of the incident until command is
expressly assumed by another, and the assumption of command is communicated to the involved
members. A clearly defined command structure that is consistent with the Incident Command
System (ICS) should be established as resources are deployed.
429.5 PLANNED EVENT PREPARATION
For planned events, comprehensive, incident -specific operational plans should be developed. The
ICS should be considered for such events.
429.5.1 INFORMATION GATHERING AND ASSESSMENT
In order to properly assess the potential impact of a public assembly or demonstration on public
safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders.
• Information about past and potential unlawful conduct associated with the event or
similar events.
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• The potential time, duration, scope, and type of planned activities.
• Any other information related to the goal of providing a balanced response to criminal
activity and the protection of public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant
information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or
content of the assembly or demonstration, or actual or perceived characteristics such as race,
ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic
status, age, cultural group, or disability of the participants (or any other characteristic that is
unrelated to criminal conduct or the identification of a criminal subject).
429.5.2 OPERATIONAL PLANS
An operational planning team with responsibility for event planning and management should be
established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide:
(a) Command assignments, chain of command structure, roles and responsibilities.
(b) Staffing and resource allocation.
(c) Management of criminal investigations.
(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields).
(e) Deployment of specialized resources.
(f) Event communications and interoperability in a multijurisdictional event.
(g) Liaison with demonstration leaders and external agencies.
(h) Liaison with City government and legal staff.
(i) Media relations.
0) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation.
(k) Traffic management plans.
(1) First aid and emergency medical service provider availability.
(m) Prisoner transport and detention.
(n) Review of policies regarding public assemblies and use of force in crowd control.
(o) Parameters for declaring an unlawful assembly.
(p) Arrest protocol, including management of mass arrests.
(q) Protocol for recording information flow and decisions.
(r) Rules of engagement, including rules of conduct, protocols for field force extraction
and arrests, and any authorization required for the use of force.
(s) Protocol for handling complaints during the event.
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(t) Parameters for the use of body -worn cameras and other portable recording devices.
429.5.3 MUTUAL AID AND EXTERNAL RESOURCES
The magnitude and anticipated duration of an event may necessitate interagency cooperation and
coordination. The assigned Incident Commander should ensure that any required memorandums
of understanding or other agreements are properly executed, and that any anticipated mutual aid
is requested and facilitated (see the Outside Agency Assistance Policy).
429.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS
If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably
imminent threat to persons or property, the Incident Commander should generally authorize
continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about
to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event
organizers or participants to disperse of their own accord. Warnings and advisements may be
communicated through established communications links with leaders and/or participants or to
the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the
authorized designee should make a clear standardized announcement to the gathering that
the event is an unlawful assembly, and should order the dispersal of the participants. The
announcement should be communicated by whatever methods are reasonably available to ensure
that the content of the message is clear and that it has been heard by the participants. The
announcement should be amplified, made in different languages as appropriate, made from
multiple locations in the affected area and documented by audio and video. The announcement
should provide information about what law enforcement actions will take place if illegal behavior
continues and should identify routes for egress. A reasonable time to disperse should be allowed
following a dispersal order.
The order to disperse shall state:
"I am (rank and name) of the Port Orchard Police Department. I am now issuing a public safety
order to immediately disperse, which means leave this area (specifically describe affected area). If
you do not do so, you may be arrested or subject to other police action. Other police action could
include the use of chemical agents or less -lethal munitions, which may inflict significant pain or
result in serious bodily injury. If you remain in the area just described, regardless of your purpose,
you will be in violation of city and state law. The follow routes of dispersal are available: (routes).
You have (reasonable period of time) to disperse."
When practical this dispersal order should be recorded.
429.7 USE OF FORCE
Use of force is governed by current department policy and applicable law (see the Use of Force,
Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device
policies).
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Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be
given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to
comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt
a reasonable response in order to accomplish the law enforcement mission (such as dispersal or
arrest of those acting in violation of the law). Control devices and conducted energy devices should
be considered only when the participants' conduct reasonably appears to present the potential to
harm officers, themselves or others, or will result in substantial property loss or damage (see the
Control Devices and Techniques and the Conducted Energy Device policies).
Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals
and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due
to extreme circumstances, such as a riotous crowd.
Any use of force by a member of this department shall be documented promptly, completely, and
accurately in an appropriate report. The type of report required may depend on the nature of the
incident.
429.8 ARRESTS
The Port Orchard Police Department should respond to unlawful behavior in a manner that
is consistent with the operational plan. If practicable, warnings or advisements should be
communicated prior to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or
reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the
order of the Incident Commander or the authorized designee. There must be probable cause for
each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of officers and arrestees.
(b) Dedicated arrest, booking and report writing teams.
(c) Timely access to medical care.
(d) Timely access to legal resources.
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the
Citation Releases Policy).
429.12 TRAINING
Department members should receive periodic training regarding this policy, as well as the
dynamics of crowd control and incident management. The Department should, when practicable,
train with its external and mutual aid partners.
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429.9 MEDIA RELATIONS
The Public Information Officer should use all available avenues of communication, including
press releases, briefings, press conferences and social media to maintain open channels of
communication with media representatives and the public about the status and progress of the
event, taking all opportunities to reassure the public about the professional management of the
event (see the Media Relations Policy).
429.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a
phased and orderly withdrawal of law enforcement resources. All relieved personnel should
promptly complete any required reports, including use of force reports, and account for all issued
equipment and vehicles to their supervisors prior to returning to normal operational duties.
429.11 POST EVENT
The Incident Commander should designate a member to assemble full documentation of the event,
to include the following:
(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports
(f) Photographs, audio/video recordings, Kitsap 911 records/tapes
(g) Media accounts (print and broadcast media)
429.11.1 AFTER -ACTION REPORTING
The Incident Commander should work with City legal counsel, as appropriate, to prepare a
comprehensive after -action report of the event, explaining all incidents where force was used
including the following:
(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)
(c) Problems identified
(d) Significant events
(e) Recommendations for improvement; opportunities for training should be documented
in a generic manner, without identifying individuals or specific incidents, facts or
circumstances.
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Civil Disturbances
430.1 PURPOSE AND SCOPE
The Port Orchard Police Department is charged with protecting the constitutional rights of all
persons. The Port Orchard Police Department recognizes the rights of all citizens to free speech
and assembly, while ensuring that public order is maintained and the lives and property of others
is protected. The Port Orchard Police Department, in striving to uphold its responsibilities, shall
monitor, analyze, and evaluate such special events as:
(a) Block parties.
(b) Labor-management controversies.
(c) Open air public meetings.
(d) Parades.
(e) Picketing situations.
(f) Public demonstrations.
(g) Races.
(h) Strikes.
(i) Processions.
0) Other special events/activities occupying or marching on any street or public place.
The manner in which law enforcement officers deal with unruly crowds and unlawful assemblies
has a direct bearing on their ability to control and defuse the incident. The purpose of this policy is to
establish guidelines to effectively deal with unruly crowds and illegal gatherings that are engaged
in or pose a significant threat of engaging in violence, property damage, or a breach of the peace.
This policy should be considered in conjunction with the Department's First Amendment
Assemblies policy.
430.2 POLICY
The Port Orchard Police Department will protect the rights of free speech and peaceful assembly
until the actions of such an assembly threatens the rights of others or substantially disturbs the
peace. When this occurs, the Department will take action to discourage unlawful conduct, control
crowds and maintain order.
430.3 PLANNING
Oftentimes a civil disturbance will stem from incidents or situations that are known in advance
to the Police Department. When the Department has warning of any such event, a point person
or persons shall be identified to draw up written plans to address potential problems to include
personnel assignments, the identification of staging areas, transportation needs, mass arrests,
locations for mass arrest holding areas, and all other requirements identified in this section. Special
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schedules for all departmental employees may be necessary to ensure that adequate personnel
resources are available to carry out the Department's mission. Such special schedules could
include mandatory 12-hour shifts through the duration of the incident.
430.4 STATUTORY PROVISIONS
The Washington State statutes in regards to unlawful assemblies can be found within
1. RCW 9A.84 - Public Disturbances.
2. PMC 9.80.80 - Disorderly person.
3. PMC 9.80.120 - Public disturbance noises.
430.5 INITIAL RESPONSE
Lawful assemblies may require monitoring to ensure that they remain lawful. Consideration should
be given to other factors or organizations that may wish to infringe upon the rights of those who
wish to assemble lawfully. On -scene officers should be alert for the following conditions:
(a) Pedestrian and vehicular movement are not impaired.
(b) The public right-of-way is not impeded.
(c) Private property is not damaged or violated.
(d) No City, state, or federal statutes are violated.
If an event or lawful assembly becomes a civil disturbance or an unlawful assembly where public
order, civil rights, life or property are threatened or violations of law occur, officers of the Port
Orchard Police Department will take action to include but not limited to:
(a) Observe the situation from a safe distance to determine the type of gathering and the
appropriate response.
(b) Communicate this assessment to a supervisor.
(c) Approach the crowd and instruct them to disperse only if reasonably safe to do so.
(d) Attempt to identify crowd leaders and individual(s) engaging in criminal acts.
(e) Remain neutral.
(f) The ranking supervisor or officer on -duty will:
1. Assume responsibility to assess and coordinate the Department's response.
2. Establish an incident command post.
3. Determine manpower needs.
4. Establish a staging area.
5. Attempt to resolve the matter as peacefully as possible.
430.6 INCIDENT COMMAND
The incident commander, after assessing the situation, shall make assignments to areas of
responsibility in accordance to the size and scope of the incident. Depending on the size of the
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incident, the incident commander may initiate the Emergency Operation Plan. In smaller incidents,
the incident commander will simply ensure the following responsibilities are considered during the
course of the incident.
430.6.1 COMMAND OPTIONS
When adequate personnel and resources are in place, communications should be established
with leaders of the disturbance regarding dispersal of the crowd. Should the crowd fail to disperse,
the following options should be considered:
(a) Containment and dialogue. The objective of containment and dialogue is to disperse
the crowd.
(b) Physical arrest. When appropriate, the order should be given to arrest crowd leaders,
agitators, or other engaged in unlawful conduct.
1. Ensure the appropriate use of tactical formations and that officers are equipped
with available protective equipment.
2. Ensure the availability of transportation for those arrested.
3. Ensure that a backup team of officers is readily available, should assistance be
required.
430.7 MASS ARREST
To expedite the handling and processing of persons under arrest while safeguarding their
constitutional rights, a field booking facility may be established.
(a) Location Criteria: The facility should be located out of sight of the scene of the mass
arrest and be large enough to accommodate the anticipated number of prisoners, all
processing procedures and the storage of necessary supplies. If transportation tojail is
not immediately available, shelter, warmth, toilet facilities and security of the prisoners
will be required.
(b) Arresting Officer Responsibilities:
1. Deliver the arrestee along with any relevant evidence to the field booking facility.
2. Give Miranda Rights Warnings from a Department -issued card.
3. Stand by with the prisoner for a photograph.
4. Write a brief paragraph which states the probable cause for arrest.
5. Search the arrested person and secure personal property and/or evidence in a
secure envelope and/or bag.
6. Return to field assignment as soon as possible.
7. After completing all of the duties in conjunction with the incident, the officer shall
return and complete a detailed offense report on each arrestee.
(c) Crime Scene Officer Responsibilities:
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1. Photograph the prisoner and arresting officer together with any evidence and
property envelopes prominently displayed in the photograph. The case number
shall be written on the envelopes in black pen large enough to be easily read.
2. Maintain the prisoner in custody until released to the transportation detail.
3. Assign a case number to each arresting officer and his/her arrestee unless all
prisoners are in custody in relation to the same case.
4. Complete any charging documents and affix them to the probable cause
statement written by the arresting officer.
5. Collect personal property from the prisoner and complete any other necessary
paperwork. The Crime Scene Officer shall maintain control of personal
property and evidence envelopes along with offense reports and identification
photographs.
6. Keep the Incident Commander advised of the number and type of arrested
persons processed.
(d) Transportation Detail Responsibilities:
1. Communicate with the Kitsap County Jail about the mass arrest probability and
coordinate with that facility for booking procedures.
2. Procuring vehicles to transport the anticipated number of persons arrested.
3. Deliver cuffed or otherwise restrained prisoners to a detention facility or county
jail along with the appropriate completed paperwork.
4. If the arrested individuals are to be released after processing, the transportation
detail will be responsible for transporting those individuals away from the incident
site prior to release.
(e) Security at Field Booking Facility: The appropriate number of officers shall be
assigned to maintain exterior and interior security of the field booking facility. The
security detail should provide assistance to arresting officers and those working in the
field booking facility.
(f) Medical Staff: Fire Department aid crews will be at the booking facility to screen
all arrested individuals for medical treatment. If the arrested individual requires
hospitalization, he/she shall be transported to the hospital for medical release prior to
being booked into the Kitsap County Jail. If an arrested individual requires prescribed
medication while detained and that individual is in possession of the medication at the
booking facility, the aid crew's recommendation concerning the prescribed medication
will be obtained prior to dispensing such medication.
(g) Defense Counsel Visitations: All prisoners should be advised of their constitutional
rights by the arresting officer. Officers should not allow attorneys to interfere with the
process. The first opportunity for a detained person to consult legal counsel will be
after the booking process has been completed at the Kitsap County Jail.
(h) Liaison with Prosecutors: When a mass arrest situation is anticipated but prior
to its actual inception, an officer should be selected as liaison with the City/County
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Prosecuting Attorney's office. The liaison officer shall solicit legal advice from the
attorney who will be available to give continued advice for the duration of the incident.
When the mass arrest situation is spontaneous and without opportunity for prior
planning, the City/Prosecuting Attorney should be contacted for legal guidance as
soon as the circumstances permit.
(i) Food, Water and Sanitation: When transportation to a jail facility cannot be
accomplished within a reasonable time period, the field commander will initiate
procedures to provide food, water and sanitation facilities for those arrestees waiting
to be transported.
430.8 UNION STRIKE / LABOR DISPUTES
The intent of this procedure is to protect the rights of both the pickets and public during labor
disputes. Generally, while monitoring the picket lines, arrests should be avoided whenever
possible and efforts should be made to obtain voluntary compliance. It shall be the policy of this
Department to act in a fair and objective manner when dealing with parties from either side of
a labor dispute or strike. The Police Department's role should be to defuse potentially violent
situations, protect life and property and minimize any inconvenience to the general public caused
by such disputes.
(a) Field supervisors will give specific instructions to their officers with regard to close
patrols on the picket locations, vulnerable targets, potential trouble spots, etc. Patrol
should be conducted in such a fashion as to not indicate favoritism for one side or
the other. Field supervisors should be particularly sensitive in trying to maintain a
balance between sufficient close patrols to indicate a police presence in the area but
not so focused or high profile as to constitute or be considered as intimidating or
inflammatory.
(b) Wherever possible, citations will be issued by mail and summonses or arrest warrants
will be served away from the scene of potential confrontation.
(c) In the event that traffic is disrupted or blocked illegally, those responsible should
be informed that the Department will take whatever action is necessary to clear the
problem.
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Policy Manual
Suspicious Activity Reporting
432.1 PURPOSE AND SCOPE
This policy provides guidelines for reporting and investigating suspicious and criminal activity.
432.1.1 DEFINITIONS
Definitions related to this policy include:
Involved party - An individual who has been observed engaging in suspicious activity, as defined
in this policy, when no definitive criminal activity can be identified, thus precluding the person's
identification as a suspect.
Suspicious activity - Any reported or observed activity that a member reasonably believes may
have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism.
Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual
orientation, gender identity or expression, economic status, age, cultural group, or disability should
not be considered as factors that create suspicion (although these factors may be used as specific
suspect descriptions). Examples of suspicious activity may include but are not limited to:
• Suspected pre -operational surveillance or intelligence gathering (e.g., photographing
security features, asking questions about sensitive security -related subjects).
• Tests of security measures and response to incidents (e.g., "dry run," creating false
alarms, attempts to enter secure areas without authorization).
• Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such
as fertilizer, that could be used to create an explosive or other dangerous device).
• An individual in possession of such things as a hoax explosive or dispersal
device, sensitive materials (e.g., passwords, access codes, classified government
information), or coded or ciphered literature or correspondence.
Suspicious Activity Report (SAR) - An incident report used to document suspicious activity. The
appropriate title of the incident report is either Suspicious Person or Suspicious Incident.
432.2 POLICY
The Port Orchard Police Department recognizes the need to protect the public from criminal
conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information
regarding suspicious activities, while safeguarding civil liberties and privacy protections.
432.3 RESPONSIBILITIES
The Deputy Chief and authorized designees will manage SAR activities. Authorized designees
should include supervisors who are responsible for department participation in criminal intelligence
systems as outlined in the Criminal Organizations Policy.
The responsibilities of the Deputy Chief include, but are not limited to:
(a) Remaining familiar with those databases available to the Department that would
facilitate the purpose of this policy.
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(b) Maintaining adequate training in the area of intelligence gathering to ensure no
information is being maintained that would violate the law or civil rights of any
individual.
(c) Ensuring a process is available that would allow members to report relevant
information. The process should be designed to promote efficient and quick reporting,
and should not be cumbersome, duplicative or complicated.
(d) Ensuring that members are made aware of the purpose and value of documenting
information regarding suspicious activity, as well as the databases and other
information resources that are available to the Department.
(e) Ensuring that SAR information is appropriately disseminated to members in
accordance with their job responsibilities.
(f) Coordinating investigative follow-up, if appropriate.
(g) Coordinating with any appropriate agency or fusion center.
(h) Ensuring that, as resources are available, the Department conducts outreach that is
designed to encourage members of the community to report suspicious activity and
that outlines what they should look for and how they should report it (e.g., website,
public service announcements).
432.4 REPORTING AND INVESTIGATION
Any department member receiving information regarding suspicious activity should take any
necessary immediate and appropriate action, including a request for tactical response or
immediate notification of specialized entities, when applicable. Any professional staff member who
receives such information should ensure that it is passed on to an officer in a timely manner.
If the suspicious activity is not directly related to a reportable crime, the member should prepare
an incident report and include information about involved parties and the circumstances of the
incident.
432.4 HANDLING INFORMATION
All reports of this nature should be forwarded by the reviewing supervisor to the Deputy Chief or
designee. The Deputy Chief or designee should evaluate the information in a timely manner, take
any appropriate action, and forward copies of any reports generated to the proper State and/or
Federal agency.
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Response to Industrial Accidents
433.1 PURPOSE AND SCOPE
This policy gives guidance for response to industrial or workplace accidents.
433.2 REPORTING
If dispatched to an industrial or workplace accident not involving a vehicle which results
in death or serious injury, respond and take an information report. The Washington
Department of Labor & Industries (L&I) will conduct the investigation. Reports should
be routed to the Department of Labor & Industries.
2. If dispatched to an industrial or workplace accident involving a vehicle which results
in death or serious injury, respond and take an information report. Depending on the
location and type of incident, the Police Department may investigate the incident with
Labor & Industries.
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Marine Patrol Unit
434.1 PURPOSE AND SCOPE
The purpose of this policy is to provide standards and direction for the safe and effective
deployment of marine patrol vessels as well as establish a policy governing their operation.
These guidelines are not meant to be all-inclusive, since each incident must be dealt with on an
individual basis, but are intended as broad guidelines to assist the employees and supervisors
involved.
434.2 POLICY
It is the policy of the Port Orchard Police Department to provide varied and effective police
service to the community. The department will enhance the police function, whenever feasible
and appropriate, by utilizing marine patrol vessels.
434.3 MARINE PATROL UNIT
The Marine Patrol Unit shall provide routine marine patrol on all waters within the geographical
boundaries of Port Orchard and surrounding areas as requested; enforce applicable city, county,
state, and federal boating ordinances and laws; provide crime prevention instruction applicable to
the boating public; perform rescue operations for vessels in distress; provide marine transportation
for departmental and regional units such as tactical teams or fire/EMS personnel; conduct
investigations of marine collisions and incidents; assist with hazards to navigation; identify and
attempt to mitigate possible environmental hazards; provide public relations, education, and inter-
agency support.
434.3.1 OPERATIONAL PROCEDURES
The Marine Patrol Unit vessels shall have a minimum of two marine service officers
on board when the vessel is actively on the waterways and in-service. The operator of
the vessel must have completed the 40-hour Basic Marine Law Enforcement course.
The second officer onboard is not required to have completed the 40-hour Basic
Marine Law Enforcement course; however, such an officer must complete the 40-hour
Basic Marine Law Enforcement course within two years of being an active member
of the unit. An exception may be made for potential rescue missions. (See Rescue
Operations)
2. The vessels may be operated on the waterways with one operator when the intent is
to take the vessel off the water. The Marine Patrol Unit supervisor may approve one
operator on the vessel for purposes of educational matters or activities approved by
the Chief of Police.
434.3.2 PROTECTION AND RECOVERY OF PROPERTY
Officers will take any action that is reasonable and proper to prevent the loss of, or
damage to, property during an emergency situation.
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2. Once the emergency situation has ended and it is no longer possible to prevent further
loss of, or damage to, property, officers will take no further action. This means, in
essence, that officers will not conduct or take part in salvage operations. Officers may
take reasonable steps to prevent or mitigate any additional environmental damage.
Property seized as part of an investigation is an exception.
434.3.3 LIAISON WITH OTHER AGENCIES
Due to the emergency nature of the Marine Patrol Unit's duties, a policy of close cooperation and
mutual assistance with agencies whose responsibilities overlap our own shall be pursued.
434.3.4 REQUEST FOR OUTSIDE AGENCY ASSISTANCE
Requests for outside assistance on a non -emergency basis by outside agencies or
private individuals will be reviewed on a case -by -case basis and approved by the
Marine Patrol Unit sergeant.
2. The Marine Patrol Unit may respond outside of the City of Port Orchard jurisdiction
when:
(a) Human life is likely to be endangered.
(b) Extensive property damage may result from a failure to act.
(c) When requested by an outside agency under mutual aid.
(d) When a Marine Patrol Unit sergeant believes a response is in order and assigned
responsibilities are not jeopardized.
3. If a situation should arise where action must be taken outside of the primary jurisdiction
of the City of Port Orchard, a full reporting by the responding officer(s) shall be made
to the Marine Patrol Unit sergeant.
434.3.5 SAFE BOATING EDUCATION
Officers of the Marine Patrol Unit will place a high priority on boating and water safety education
in all of their activities. During the off-season, members may be asked to participate in education
programs taught in the schools, through the State of Washington, the United States Coast Guard
Auxiliary, and other public and private groups and organizations. All requests are to be brought to
the attention of the Marine Patrol Unit sergeant as soon as possible.
434.3.6 REPORTING OF DAMAGE OR INJURY
All boat damage, equipment damage, and equipment failures will be reported as follows:
Equipment failures will be reported to the unit sergeant by an email indicating the circumstances
surrounding the problem. Equipment and vessel damage will be reported as soon as possible to
the unit sergeant; an incident report will also be written and sent to the unit sergeant. The Marine
Patrol Unit sergeant will ensure the following steps are taken, dependent upon preliminary findings:
An investigation by additional uninvolved personnel competent in boating collision
investigation.
2. A general report, boating collision investigator's report, incident report, and any other
required reports are completed.
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3. If any injury occurs to a department member or other person(s), notification shall
be made to the Marine Patrol Unit sergeant or above with appropriate paperwork
submitted as timely as possible,
434.3.7 EQUIPMENT ALLOCATION
Vessels assigned to the Marine Patrol Unit will be assigned as needed to accomplish the goals
and objectives of the unit. Each vessel will be equipped with that equipment necessary to carry
out the goals and objectives of the unit in a safe and timely manner.
434.3.8 METHOD OF PATROL
The Marine Patrol Unit will proceed on and about the waters in such a manner that it will allow the
crew to observe action taking place on the shore and upon the water.
434.3.9 RESCUE OPERATIONS
Rescue operations such as capsized vessels or boats in trouble in rough water will be conducted
primarily for the purpose of preventing injury and loss of life. Once the safety of all persons involved
in the incident has been ensured, officers will take reasonable steps to prevent further loss of, or
damage to, boats and other city property, providing it can be done without unduly endangering
officers, police vessels, or city equipment.
When the Marine Patrol Unit is advised of an emergency rescue operation, the urgency to respond
may outweigh the need to wait for a second marine officer. In such a circumstance, an EMT from
the fire district, or a secondary non -Marine Patrol officer, may accompany the primary marine
officer on the vessel in lieu of the second marine officer.
434.3.10 VIOLATOR CONTACT
When enforcement action is necessary on the water the patrol vessel will be brought alongside
the violator's vessel. It shall be the responsibility of the patrol vessel's crew to protect both vessels
from damage and exercise great caution for the safety of the officers and occupants of the patrol
and violator's vessel.
434.3.11 WEARING OF PERSONAL FLOATATION DEVICES (PFD) REQUIRED
Marine Patrol Unit officers are required to wear a Coast Guard -approved PFD while on the patrol
vessel.
434.3.12 DAILY LOG
Each crew is responsible for the proper completion of the log for each tour of duty. Daily activities
will be recapped in the log and specific details recorded. The full tour of duty will be accounted for.
434.4 DUTIES AND RESPONSIBILITIES
The following sections describe the duties of the Deputy Chief, Marine Patrol Unit Sergeant, and
assigned officers.
434.4.1 DEPUTY CHIEF RESPONSIBILITIES
Provide overall supervision of the unit.
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2. Define goals and objectives within the guidelines of departmental policy and
coordination of the effort within the unit.
3. Formulate policy for the guidance of unit personnel and operations.
4. Prepare and manage the Unit's budget.
5. Review quarterly reports made by the Unit Sergeant.
434.4.2 SERGEANT RESPONSIBILITIES
Provide operational supervision of the unit.
2. Provide budget recommendations and assistance.
3. Apply for grant opportunities and author grant reporting after awarded.
4. Meet the training needs of Unit personnel.
5. Ensure the performance of routine maintenance on patrol vessels with the aim of
keeping downtime to a minimum and total operating costs at the lowest levels, but
consistent with the dependable operation of the Unit.
6. Ensure that repairs are performed as needed or recommend needed repairs that are
beyond the capability of a Unit officer.
7. Prepare reports and paperwork necessary to daily operations; i.e. personnel rosters,
daily and quarterly reports.
8. Maintain adequate supplies necessary for effective patrol operations.
9. Coordinate and conduct training for educational programs.
10. Perform all duties and tasks required of a Marine Patrol officer.
434.4.3 PATROL OFFICER RESPONSIBILITIES
1. Conduct routine patrol of assigned areas and enforcement activities as needed.
2. Conduct rescue operations as required for the protection of life and property.
3. Conduct inspections of marinas and moorage facilities for hazards.
4. Conduct and appropriately document Vessel Safety Inspections.
5. Attempt to keep the waterways free of major debris and hazards to navigation. This
may include identifying derelict vessels and using appropriate resources to ensure
their removal.
6. Identify potential environmental hazards and, when possible, take reasonable action
to prevent and mitigate damage to sea life, marine life, and the sea floor.
7. Perform any emergency services within the officer's capabilities which could
reasonably be considered part of the department's overall responsibility for the
protection of life and property.
8. Perform routine preventative maintenance on the patrol vessels at the beginning of
each shift. Maintain responsibility for the patrol vessel during their shift with regard to
such things as damage, cleanliness, and any necessary repairs.
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9. Handle follow-ups on recovered boats; check for lost or stolen vessels.
434.5 EMERGENCY CALL -OUT PROCEDURE
1. Vessel in Service: Kitsap-911 will advise the Marine Patrol Unit of the incident via
radio. Officers of the Marine Patrol Unit will advise if additional personnel or resources
are needed.
2. Vessel out of Service: Kitsap-911 will advise the on -duty patrol supervisor of the
incident. The on -duty patrol supervisor will assign an on -duty patrol officer actively
assigned to the Marine Patrol unit to respond. As necessary, the on -duty Marine
Patrol officer will contact the Marine Patrol sergeant to coordinate the response to
the incident. In the event the Marine Patrol sergeant is unavailable, the on -duty patrol
supervisor will coordinate with Kitsap-911 to call in an off -duty Marine Patrol officer.
The patrol supervisor may also assign this task to the responding Marine Patrol officer.
3. Within a reasonable amount of time, the patrol supervisor or Marine Patrol sergeant
shall contact the Deputy Chief to advise of the incident.
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Policy Manual
Body -Worn Cameras
435.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of body -worn cameras (BWCs) by members of this
Department while in the performance of their duties (RCW 10.109.010).
435.2 POLICY
The Port Orchard Police Department may issue BWCs to members for use during the performance
of their duties. The use of BWCs is intended to enhance the mission of the Department by
accurately capturing contacts between members of the Department and the public. Members may
only wear or use BWCs authorized and issued by the department.
435.3 COORDINATOR
The Chief of Police or authorized designee should appoint a coordinator responsible for (RCW
10.109.010):
(a) Establishing procedures for security, storage, and maintenance of data and
recordings.
(b) Establishing procedures for transferring, downloading, tagging, or marking events.
(c) Establishing procedures for members communicating to non-English speakers, those
with limited English proficiency, or those who are hard of hearing, that a BWC is being
used (see Communications With Persons with Disabilities policy).
(d) Establishing procedures for accessing data and recordings.
(e) Establishing procedures for logging or auditing access.
435.4 MEMBER PRIVACY EXPECTATIONS
All recordings made by members on BWCs remain the property of the Department. Members have
no expectation of privacy or ownership interest in the content of these recordings.
435.5 MEMBER RESPONSIBILITIES
435.5.1 EQUIPPING
All uniformed officers assigned a BWC are required to wear the device while on duty. Members
assigned to a non -uniformed position role will wear a BWC when required by a supervisor, during
planned events such as effecting a pre -planned arrest or executing a search warrant, and may
wear a BWC at any time the member believes that it may be useful.
435.5.2 TESTING
Prior to going into service, members will ensure the BWC is in good working order. If the BWC is
not in working order, or the member becomes aware of a malfunction at any time, the member shall
promptly report the failure to a supervisor and obtain a functioning BWC as soon as reasonably
practicable.
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435.5.3 WEARING
Uniformed members shall wear the BWC in a conspicuous manner, affixing their recorder to the
chest area of their uniforms. For tactical operations, it is acceptable to affix the BWC to a helmet
mount. Any other BWC mount option must be approved by the Chief of Police or authorized
designee.
435.6 ACTIVATION OF THE BODY -WORN CAMERA
435.6.1 MANDATORY ACTIVATIONS
When safe and practical to do so, the BWC will be activated in the following situations:
(a) All enforcement and investigative contacts including stops and field interview (FI)
situations.
(b) Traffic stops including, but not limited to, traffic violations, stranded motorist
assistance, and all crime interdiction stops.
(c) Self -initiated activity in which a member would normally notify Kitsap-911.
(d) Any other contact that becomes adversarial after the initial contact in a situation that
would not otherwise require recording.
(e) Dispatched calls, starting before the employee arrives on the call to ensure adequate
time to turn on cameras.
(f) Arrests and seizures.
(g) Searches and inventories of vehicles, persons, and premises.
(h) Handling and counting of currency up to the point it is sealed in an evidence envelope.
(i) Transports (excluding ride-alongs).
(j) Following or riding in ambulance or medic units that are transporting persons, who are
in police custody, to a medical facility.
(k) Vehicle eluding or pursuits.
Conversations between law enforcement officers and members of the public are not generally
considered private under Washington State law. There is no requirement for an officer to turn off
the BWC at the request of a member of the public who objects to having the interaction recorded
under the circumstances described in this section. However, members should remain sensitive
to the dignity of all individuals being recorded and exercise sound discretion to respect privacy
by discontinuing recording whenever it reasonably appears to the member that such privacy may
outweigh any legitimate interest in recording. Requests by members of the public to stop recording
should be considered using this same criterion. Recording should resume when privacy is no
longer an issue unless the circumstances no longer fit the criteria for recording. (See Exceptions
to Mandatory Activations for additional guidance).
435.6.2 ACTIVATION AMNESTY
Automatic habits take time to develop and ingrain through repetition. In recognition of this:
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(a) No member shall be subject to discipline for failing to activate a BWC for any reason
for the first month or sixteen (16) shifts, whichever occurs later after they are assigned
to wear a BWC. During this amnesty period, evidence of a failure to activate a BWC
shall not be used or considered for performance evaluations or discipline.
(b) The amnesty period will activate upon a member's return to the Patrol Unit from the
Investigation Unit and remain in effect for one month or sixteen (16) shifts.
(c) This amnesty period shall remain in effect through the entirety of a newly hired officer's
field training.
435.6.3 EXCEPTIONS TO MANDATORY ACTIVATIONS (DISCRETIONARY RECORDING)
In addition to the mandatory activations described in the preceding section, members should
activate the BWC any time the member believes it would be appropriate or valuable to record an
incident unless the recording is otherwise prohibited by this policy.
Members may exercise discretion by discontinuing recording whenever it reasonably appears
that privacy concerns outweigh any legitimate law enforcement interest in recording. Examples of
situations where members may consider not recording include:
(a) Requests by members of the public to stop recording when the circumstances do not
require mandatory activation and recording.
(b) Law enforcement activity involving sensitive communications, matters of law
enforcement intelligence, or where recording the encounter could hinder a criminal
investigation.
(c) Conversations with crime witnesses and members of the public who wish to report
criminal activity, particularly if recording would impede the cooperation of a witness
or victim.
(d) When the officer is in a location where individuals have a reasonable expectation of
privacy (such as a bathroom or locker room) and the officer is not there to effect an
arrest or serve a warrant.
(e) When respect for an individual's privacy or dignity outweighs the need to record an
event. Such circumstances may include natural death scenes, death notifications,
child or sexual assault victim interviews, and cultural or religious objections to being
recorded.
(f) When the officer has an articulable basis, based upon the facts and circumstances of
the particular situation, that recording would be unsafe.
435.6.4 ACTIVATION PROHIBITED
BWCs emit radio waves that could trigger an explosive device. BWCs should not be used where
an explosive device may be present.
Members will not record in restrooms, jails, and the interiors of medical, mental health, counseling,
or therapeutic facilities unless for a direct law enforcement purpose. Examples of direct law
enforcement purposes include:
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(a) Crime(s) in progress and the recording of the location is material to a criminal
investigation (e.g. recording of an investigation of a crime committed at the facility, the
drawing of blood at a facility following a DUI, the taking of a statement from a suspect,
victim, or witness while in a facility, etc., would be permitted).
(b) Taking a resistive person into custody.
(c) Ongoing or impeding use(s) of force.
(d) Recording an allegation of misconduct.
435.6.5 DELAY IN REQUIRED ACTIVATION
Members frequently encounter situations that require immediate action to protect themselves or
others. At no time is a member expected to jeopardize their safety in order to activate a BWC.
However, the recorder should be activated as soon as reasonably practicable.
435.6.6 NOTIFICATION OF RECORDING
Members shall notify all persons present that they are being recorded as soon as practical, and
the notification should be on the recording. Members will make reasonable efforts to repeat the
notification, if practical, for additional people that become involved in the recording.
If a situation requires immediate action prior to an advisement being given, members should
prioritize safety over advisement and provide the advisement as soon as practicable.
Prior to a custodial interrogation, officers shall inform arrested persons that they are being audio
and video recorded with a body camera. This statement, along with the Miranda advisement, shall
be included in the recording.
Members will make reasonable efforts to communicate to non-English speakers, those with limited
English proficiency, or deaf persons that they are being recorded.
435.7 CESSATION OF RECORDING
Once activated, the BWC should remain on continuously until the member reasonably believes
the incident has concluded.
435.7.1 DETERMINING THE CONCLUSION OF AN EVENT
An event has concluded when the member has completed his or her part of the active investigation
and there is little possibility that the member will have further contact with any person involved in
the event. For transports to the jail, the event concludes when the member enters the sally port
or the facility. For medical facilities, in general, officers will end the recording when custody is
transferred to the medical staff and any suspect hostilities have ended. Officers will be mindful of
sensitive areas of medical facilities, and, when possible, end the recording.
435.7.2 PAUSING OF RECORDING
Recording may be stopped during significant periods of inactivity such as reporting writing or other
breaks from direct participation in the incident.
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Audio recording with a BWC may be temporarily disabled or muted, for conversation with other
officers or persons not involved with the incident. Muting the audio should only be used in rare
circumstances and should not be a common occurrence.
Members may briefly stop the BWC during an event to view a video that would assist in an
investigation. Members will restart the recording as soon as the desired information has been
gathered.
If a member is assigned to perimeter security at an extended major incident, the on -scene
supervisor may authorize recording to be stopped if they reasonably believe further recording will
not capture audio/visual regarding the incident or enforcement efforts.
Members who stop, or mute, recording during an event will state on the recording their intention
to stop recording and explain the basis for that decision. If a report is generated, employees will
also document the reason(s) in their report.
435.8 IDENTIFICATION, PRESERVATION, AND DOCUMENTATION OF RECORDINGS
Members will identify and tag recorded video with any applicable case number, and classify the
video by type, prior to the end of their shift.
435.8.1 UPLOAD
Before going out of service, members will dock their BWC to initiate the upload of video and
recharging. If the video upload process is not initiated before the end of the shift, members will
notify a supervisor.
435.8.2 REPORTING
Members should document the existence or absence of any recording in any report or other
official record of the contact, including any instance where the BWC malfunctioned, or the member
deactivated the recording. Members should include the reason for deactivation in accordance with
RCW 10.109.010(c).
Members should not rely on the fact that a recording was made as a reason to write a less detailed
report and may refer to the video when writing the report.
435.9 PROHIBITED USE OF THE BODY -WORN CAMERA
435.9.1 SURREPTITIOUS USE OF THE BWC
Washington law prohibits any individual from surreptitiously recording any conversation, except as
provided in RCW 9.73.040, RCW 9.73.090, and RCW 9.73.210. Members shall not surreptitiously
record another Department member without a court order.
435.9.2 ADDITIONAL PROHIBITED ACTIVITIES
(a) Members are prohibited from using BWCs or recorded media for personal use,
non -work -related purposes, or otherwise operating the BWC outside their legitimate
enforcement duties.
(b) Members are prohibited from making personal copies of recordings.
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(c) Members shall not duplicate or distribute such recordings, except for authorized and
legitimate Department business purposes.
(d) Recordings shall not be used by any member for the purpose of embarrassment,
harassment, or ridicule.
(e) Members shall not tamper with, alter, or delete video. This does not apply to redaction
or purges of videos under established guidelines.
(f) Employees are prohibited from accessing the secure server except for legitimate
law enforcement purposes, including authorized review of body camera video as
described below, or otherwise for work related to their job assignment.
435.10 RETENTION OF RECORDINGS
All recordings shall be retained for a period consistent with the requirements of the current
Washington State Law Enforcement Records Retention Schedule.
Videos labeled as evidentiary shall be retained on the secure video server in compliance with
state law and until all trial and appellate litigation has been completed.
Videos labeled as non -evidentiary shall be retained on the secure video server for sixty (60) days
and thereafter may be destroyed in accordance with the applicable records retention schedule.
Videos redacted for a public records request shall be retained for twenty-four (24) months after
the request has been fulfilled and then deleted.
435.10.1 INADVERTENT / ACCIDENTAL ACTIVATION
Inadvertent or accidental recordings do not meet the statutory definition of a public record, as
described in RCW 40.14.010, because they are not made "in connection with the transaction of
public business" and as such may be deleted. In the event of accidental activation, where the
resulting recording is of no perceived investigative or evidentiary value, the recording member shall
request the recording be deleted. The member should submit a written request, by email, including
the date and time of the inadvertent/accidental recording, through their chain of command to the
Deputy Chief or authorized designee. The Deputy Chief or authorized designee shall approve or
deny the request and take appropriate action.
435.11 RELEASE OF RECORDINGS
Requests for the public release of BWC recordings shall be processed in accordance with the
Records Maintenance and Release policy. Prior to public or media release, recordings will be
reviewed and, if applicable, redacted. Redactions will be consistent with statutory exemptions
under RCW 42.56.240.
Video may be accessed directly by prosecutors whose offices have an account for the secure
video server.
The Chief of Police may release footage absent a public disclosure request if:
(a) There is a significant public interest to release the video.
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(b) The video provides information related to the apprehension/prosecution of offenders,
or,
(c) The video highlights positive work performed by the Department.
435.12 INTERNAL REVIEW OF RECORDINGS
Department members and City staff may review recordings under the following circumstances:
(a) When preparing and/or approving written reports, members may generally review
recordings.
(b) When supervisors or administrators are reviewing uses of force, pursuits, or
investigating alleged misconduct. Supervisors and administrators will not, without
cause, randomly review video footage for the sole purpose of looking for misconduct.
• The Department acknowledges that video recordings provide only a two-
dimensional perspective, with limited vantage points, of an incident. The
Department may review and consider other available evidence (i.e. witness
statements, officer interviews, forensic analysis, documentary evidence, etc.)
prior to imposing discipline against an officer.
(c) When supervisors or administrators become aware of meritorious conduct by a
member. Prior to any recordings being used to aid in recognition for meritorious
conduct, all officers depicted in the video will be notified.
(d) When members are conducting follow-up criminal investigations.
(e) When members are conducting a public records review process.
(f) When technical support staff is assessing the proper functioning of the BWC and
associated systems.
(g) When applicable for training purposes. Prior to any recordings being used for training
purposes, all officers depicted in the video will be notified.
(h) By an employee's legal counsel and/or bargaining unit representative who is
involved in representing the employee in an administrative investigation or criminal
investigation.
(i) By the City's legal staff involved in representing the City in an official matter, such as
an administrative investigation, a lawsuit, or a criminal investigation.
Q) By authorization of the Chief of Police or authorized designee for legitimate law
enforcement purposes not addressed elsewhere in this policy.
435.13 LIVE MAPPING AND STREAMING VIDEO FEATURES
435.13.1 LIVE MAPPING
When a member is actively recording with their BWC, a supervisor can view the location of
the member via their BWC in real-time through Evidence.com. A list of BWCs that are actively
recording or have recorded within the previous four hours can also be viewed.
The Live Mapping feature enables a supervisor to have better situational awareness of an officer's
location. This feature can be helpful in the following circumstances:
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(a) Coordinating a response to a major incident such as, but not limited to, an active
shooter, hostage situation, or civil unrest.
(b) Following the location of a foot pursuit.
(c) Identifying the location of an officer in need of assistance, or who is not responding or
unable to conduct radio communications.
435.13.2 LIVE STREAMING
The Live Streaming feature enables remote viewing of an officer's BWC while in recording mode.
Through the Evidence.com portal, an authorized supervisor or administrator can select a camera
displayed on a live map and begin viewing and hearing what the BWC is recording.
The Live Streaming feature enables a supervisor to view, in real-time, an officer's situation during
a call for service.
Applications of the Live Streaming feature can be used in the following situations:
(a) Tracking and observing a foot pursuit and providing information to responding units.
(b) Viewing high -risk incidents, vehicle pursuits, hostage situations, etc.
(c) Viewing a building search or the execution of search warrant entries.
(d) Determining whether an officer is injured or needs emergency assistance.
(e) Unusual occurrences.
Notification: When a supervisor or administrator initiates the Live Streaming feature the BWC
will notify the officer through the Live Streaming icon displayed on the BWC's LCD screen. The
supervisor or administrator, if safe and appropriate to do so, will also verbally advise the officer
via radio.
Authorization: Sworn personnel, the rank of Sergeant and higher, will have authorized access
to the Live Streaming and Mapping function.
Prohibitions: The use of the Live Streaming and Mapping feature in any way other than in the
course of official duties is strictly prohibited. Any prohibited use of the Live Streaming and Mapping
feature may be subject to disciplinary action.
435.14 TRAINING
The training supervisor shall ensure that those members issued a BWC receive initial Department -
approved training upon issuance and periodic training thereafter (RCW 10.109.10). This training
should include:
• Department policy on BWC.
• BWC use and operation.
• Placement of the BWC.
• Procedures for downloading and tagging recorded data.
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Procedures for activation, deactivation, and reviewing video.
Members may also be required to attend refresher training as directed by the Department or as
technology or policies change.
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Chapter 5 - Traffic Operations
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Traffic Function and Responsibility
500.1 PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved
through the application of such techniques as geographic/temporal assignment of personnel and
equipment and the establishment of preventive patrols to deal with specific categories of unlawful
driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity
records, traffic volume, and traffic conditions. This department provides enforcement efforts
toward violations, not only in proportion to the frequency of their occurrence in accident situations,
but also in terms of traffic -related needs.
500.2 TRAFFIC OFFICER DEPLOYMENT
Several factors are considered in the development of deployment schedules for officers of the
Port Orchard Police Department. Information provided by the SECTOR data retrieval system is
a valuable resource for traffic accident occurrences and officer deployment. Some of the factors
for analysis include:
• Location
• Time
• Day
• Violation factors
All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of
accident causing violations during high accident hours and at locations of occurrence. All
officers will take directed enforcement action on request, and random enforcement action when
appropriate against violators as a matter of routine. All officers shall maintain high visibility while
working general enforcement, especially at high accident locations.
Other factors to be considered for deployment are citizen requests, construction zones or special
events.
500.3 ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree
and severity of the violation committed. This department does not establish ticket quotas and the
number of arrests or citations issued by any officer shall not be used as the sole criterion for
evaluating officer overall performance. The visibility and quality of an officer's work effort will be
commensurate with the philosophy of this policy. Several methods are effective in the reduction
of collisions:
500.3.1 WARNINGS
Warnings or other non -punitive enforcement actions should be considered in each situation
and substituted for arrests or citations when circumstances warrant, especially in the case of
inadvertent violations.
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500.3.2 CITATIONS
Citations may be issued when an officer believes it is appropriate. It is essential that officers fully
explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic
violation. Officers should provide the following information at a minimum:
(a) Explanation of the violation or charge.
(b) Court appearance procedure including the optional or mandatory appearance by the
motorist.
(c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court.
500.3.3 ARRESTS FOR TRAFFIC OFFENSES
Officers may issue a traffic citation for any criminal traffic offense or infraction when such violations
are committed in an officer's presence or as allowed pursuant to RCW 10.31.100. With limited
exceptions, the detention in such cases may not be for a period of time longer than is reasonably
necessary to issue and serve a citation to the violator.
A traffic -related detention may expand to a physical arrest under the following circumstances:
(a) When the officer has probable cause to believe that a felony has been committed,
whether or not it was in the officer's presence
(b) When the offense is one or more of the traffic violations listed in RCW 10.31.100
(c) When a driver has been detained for a traffic offense listed in RCW 46.63.020 and
fails to provide adequate identification or when the officer has reasonable grounds to
believe that the person to be cited will not respond to a written citation. In such cases,
officers should, when practicable, obtain the approval of a supervisor before making
an arrest.
500.3.4 LEGISLATORS
During the legislative sessions, legislators are "privileged from arrest in all cases except treason,
felony, and breach of the peace" (Art. II, Sec. 16, Wa. St. Const.). Legislators may be issued
citations and they may be taken into custody for the purpose of obtaining a breath test but they
should not be incarcerated for infraction or misdemeanor violations during the legislative session.
500.4 SUSPENDED OR REVOKED DRIVERS LICENSES
If an officer contacts a traffic violator who is also driving on a suspended or revoked license, the
officer should issue a traffic citation or make an arrest as appropriate.
500.4.1 SUSPENDED, REVOKED OR CANCELED COMMERCIAL LICENSE PLATES
If an officer contacts a traffic violator who is operating a commercial truck, truck tractor or tractor
with registration that a computer check confirms to be revoked, suspended or canceled, the officer
shall confiscate the license plates. The Department may either recycle or destroy the plates (RCW
46.32.100).
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500.5 HIGH -VISIBILITY VESTS
The Department has provided American National Standards Institute (ANSI) Class II high -visibility
vests to increase the visibility of department members who may be exposed to hazards presented
by passing traffic, maneuvering or operating vehicles, machinery, and equipment (23 CFR
655.601).
Although intended primarily for use while performing traffic related assignments, high -visibility
vests shall be worn at any time increased visibility would improve the safety or efficiency of the
member.
500.5.1 REQUIRED USE
Except when working in a potentially adversarial or confrontational role, such as during vehicle
stops, high -visibility vests shall be worn at any time it is anticipated that an employee will be
exposed to the hazards of approaching traffic or construction and recovery equipment.
Examples of when high -visibility vests shall be worn include traffic control duties, accident
investigations, lane closures, and while at disaster scenes, or anytime high visibility is desirable.
When emergency conditions preclude the immediate donning of the vest, officers shall retrieve and
wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory
when directed by a supervisor.
Vests maintained in the investigation units may be used any time a plainclothes officer might
benefit from being readily identified as a member of law enforcement.
500.5.2 CARE AND STORAGE OF HIGH -VISIBILITY VESTS
High -visibility vests shall be maintained in each patrol and investigation vehicle, in the side box
of each police motorcycle, and in the saddlebag or gear bag of each police bicycle. Before going
into service each employee shall ensure a serviceable high -visibility vest is properly stored.
A supply of high -visibility vests will be maintained in the equipment room for the replacement of
damaged or unserviceable vests. The Deputy Chief should be promptly notified whenever the
supply of vests in the equipment room needs replenishing.
500.6 HAZARDOUS ROAD CONDITIONS
The Port Orchard Police Department will make all reasonable efforts to address all reported
hazardous road conditions in a timely manner as circumstances and resources permit.
500.7 TRAFFIC COMPLAINTS BY CROSSING GUARDS
Crossing guards have the authority to submit reports to this department for certain violations
occurring in and around crosswalks (RCW 46.61.275). Generally these reports may be for offenses
involving a driver's failure to stop at a crosswalk or to exercise due care for pedestrians. Reports
must be received no later than 72 hours after the violation occurred.
This department will give due consideration and will investigate, to a reasonable degree, reports
of violations submitted by crossing guards, in an effort to identify the alleged violator. If the driver
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is identified and there is reasonable cause to believe a violation of RCW 46.61.235(5), RCW
46.61.245(2) or RCW 46.61.261(2) has occurred, a notice of traffic infraction should be issued.
The Deputy Chief shall ensure that appropriate forms for reporting violations are available to
crossing guards and that a procedure for investigating the reports received by this department
is in place.
500.7.1 NOTIFICATION OF INFRACTION
The Deputy Chief or a designee may initiate an investigation of the reported violation after
receiving a report from a crossing guard. The investigator shall contact the last known owner of
the violator vehicle and request the owner to supply information identifying the driver. If the driver
is identified and there is reasonable cause to believe that a traffic violation has occurred, a notice
of infraction may be served upon the driver of the vehicle (RCW 46.61.275(2)).
500.8 SCHOOL BUS SAFETY CAMERAS
Any school district with buses properly equipped with cameras that capture stop -arm violations
may report such violations to the Port Orchard Police Department whenever they occur within the
department's jurisdiction.
The Deputy Chief should establish a report form and procedure for school districts to report school
bus stop -arm violations (RCW 46.63.180).
500.8.1 NOTIFICATION OF INFRACTION
The Deputy Chief or the authorized designee should initiate an investigation of the reported
violation after receiving a stop -arm violation report from a school district.
Issuance of a citation shall conform to state requirements (RCW 46.63.180). The notice of
infraction shall be mailed to the registered owner or renter, if applicable, of the vehicle within 14
days of the violation.
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Traffic Collision Reporting
501.1 PURPOSE AND SCOPE
This policy describes the circumstances in which members should prepare traffic collision reports.
501.2 TRAFFIC COLLISION INVESTIGATION
The duties of an officer responding to a collision include, but are not limited to:
(a) Attending to any injured persons until the arrival of fire department personnel.
(b) Identifying potential or actual fire hazards or other dangerous conditions so that
appropriate action may be taken.
(c) Summoning additional assistance.
(d) Protecting the scene, including property that may belong to injured persons.
(e) Establishing a safe traffic flow around the scene.
(f) Identifying and interviewing witnesses.
(g) Investigating the collision and recording evidence.
(h) Taking appropriate enforcement action.
(i) Requesting a tow company to remove collision debris from the roadway.
Q) Assess whether drivers may exchange information or if a collision report must be
completed.
Traffic collision reports taken by members of this Department shall be forwarded to a supervisor for
approval. Collision reports will be completed the day the collision is reported unless a supervisor
has approved the report being carried over.
501.2.1 STATEWIDE ELECTRONIC COLLISION AND TICKET ONLINE RECORDS
(SECTOR)
This department utilizes SECTOR software to complete traffic citations and traffic collision reports.
SECTOR shall only be used by those authorized employees who have completed department -
approved training in the use of SECTOR software. All traffic collision reports completed with
SECTOR software shall comply with established report approval requirements.
All reports completed using SECTOR software should be downloaded to the designated server
as soon as practicable or in any case prior to the end of the employee's shift.
501.2.2 ENFORCEMENT ACTIONS
If an accident investigation reveals probable cause to believe a traffic infraction or criminal violation
has occurred, the officer shall (utilizing officer discretion based on all information compiled during
the investigation) take one of the following courses of action:
(a) Issue a Notice of Infraction/Citation.
(b) Make a custodial arrest.
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(c) Issue a verbal warning.
(d) Request a summons be issued in those cases where an Infraction/Citation was not
issued at the scene.
If an emergency vehicle belonging to a public agency is involved, all information regarding the
accident will be forwarded to the driver's agency for an internal review. Any disciplinary action will
be the responsibility of the driver's agency. Any enforcement action will be coordinated between
the Port Orchard Police Department staff and the driver's agency.
501.3 REPORTING SITUATIONS
501.3.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES
Traffic collision investigation reports shall be taken when a City -owned vehicle is involved in a
traffic collision upon a roadway or highway. A general information report may be taken in place
of a traffic collision report at the direction of a supervisor when the collision occurs on private
property or does not involve another vehicle. Whenever there is damage to a City vehicle, a Vehicle
Damage Report shall be completed and forwarded to the appropriate Deputy Chief.
Photographs of the collision scene and vehicle damage shall be taken at the discretion of the
traffic investigator or any supervisor.
501.3.2 TRAFFIC COLLISIONS ON PRIVATE PROPERTY
Traffic collision reports shall be taken when they occur on private property under any of the
following circumstances:
(a) When there is a death or injury to any person involved
(b) When a hit-and-run violation occurred
(c) When an RCW violation occurred
(d) When a City -owned vehicle is involved
501.3.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS
Traffic collision reports shall be taken when they occur on a roadway or highway within the
jurisdiction of this department under any of the following circumstances:
(a) When there is a death or injury to any persons involved in the collision
(b) When there is an identifiable violation of the Revised Code of Washington
(c) Property damage exceeding the dollar amount currently established by WSP
(d) When a report is requested by any involved driver
When a collision results in death or substantial bodily harm as defined in RCW 9A.04.110, officers
shall use the current state authorized form to document the collision and submit it to the appropriate
state department (RCW 46.52.070).
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501.3.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES
When an employee of this department, either on -duty or off -duty, is involved in a traffic collision
within the jurisdiction of the Port Orchard Police Department resulting in an injury, fatality, or the
collision meets the accident reporting threshold established by RCW 46.52.030, the Deputy Chief
or the Shift Supervisor, shallnotify the Washington State Patrol or other law enforcement agency
for assistance. (See the Employee -Involved Collision policy).
501.3.5 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS
The Shift Supervisor shallrequest assistance from the Washington State Patrol or other law
enforcement agency for the investigation of any traffic collision involving any City official or
employee resulting in aninjury, fatality, or that meets the accident reporting threshold established
by RCW 46.52.030. (See the Employee Involved Collisions policy).
501.3.6 PROCEDURES WHEN A COLLISION REPORT IS NOT MANDATORY
Officers may assist citizens in the exchange of driver/witness information, scene protection, traffic
control, etc. Officers should refer involved citizens to the website of the Washington State Patrol
for online reporting.
501.4 NOTIFICATIONS
In the event of a serious injury or death -related traffic collision, the responding officer or Shift
Supervisor shall notify the on -call Deputy Chief or in their absence shall notify the Chief of Police.
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502.1 PURPOSE AND SCOPE
The purpose of this policy is to define employee -involved collisions and the department's
response.
502.2 POLICY
All collisions involving police department employees will be thoroughly investigated to ensure the
facts and circumstances of the collision are documented, regardless of the degree of damage,
injury, or death.
For the purpose of this policy, "collision" shall mean a vehicle unintentionally impacts, or is
impacted by, another vehicle or object (including striking or running over animals, objects, terrain,
or curbs) which causes damage to the vehicle or object.
If the impact is intended (i.e. P.I.T. or intentional use of vehicle as deadly force), the impact will
not be considered a collision. Intended vehicle impacts will be fully investigated as uses of force,
pursuit interventions, or as appropriate under the circumstances.
502.3 RESPONSIBILITIES
Employees involved in a collision while on -duty or while driving a city -owned or -leased vehicle
will notify dispatch of the collision, its location, and request aid for any injured persons.
A supervisor shall respond to the scene of the collision unless distance or other exigent duties
prevent the supervisor from responding. If no supervisor is on duty, the involved officer shall
contact the on -call Deputy Chief. A supervisor will facilitate reporting and documentation of
incident, to include photos of the scene.
502.4 COLLISION OUTSIDE OF THE CITY
Any member of the department involved in a collision while on -duty or operating a city -owned or -
leased vehicle outside of the city limits shall, by the quickest means possible, notify the appropriate
law enforcement agency to investigate the collision.
The employee will notify the on -duty supervisor of the collision as soon as possible, preferably
while still on -scene, and advise them of the circumstances involving the collision. If there is no
on -duty supervisor, the member shall contact the on -call Deputy Chief. The employee will also
complete necessary reports upon return to the city.
Members shall immediately contact the on -duty supervisor, or on -call Deputy Chief, to report any
collision occurring on private property, whether the city vehicle was occupied or not.
502.5 INVESTIGATING AGENCY OR UNIT
The Washington State Patrol, or another law enforcement agency, shall investigate all collisions
involving department employees or city officials that meet the accident reporting threshold as
established by RCW 46.52.030. Collisions not meeting the accident reporting threshold as
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Employee Involved Collisions
established by RCW 46.52.030 may be investigated by the Port Orchard Police Department with
approval of the Chief of Police or designee,
For those collisions being investigated by another agency, members may be directed to assist or
conduct a concurrent investigation of the collision.
502.6 COLLISION REPORTS
A SECTOR Report shall be completed on all employee -involved collisions resulting in injury or
damage to private property.
An administrative incident report, including photographs, shall be taken in lieu of a traffic collision
report when the collision does not meet the accident reporting threshold established by RCW
46.52. 030.
Collision damage to unattended city vehicles shall be documented as appropriate for the location
and circumstances (amount of damage, hit&run, etc.).
502.7 INCIDENT REVIEW
Collisions which cause vehicle or property damage or injuries and involved members operating
city -owned or -leased vehicles will be reviewed by the chain of command.
The collision review will be conducted within the following parameters:
(a) The amount of damage or cost of repair is not a determining factor in review of
collisions. All collisions are subject to review.
(b) Properly parked police vehicles that are damaged by another vehicle will not normally
be subject to review.
(c) Normal "wear and tear" damage (i.e. minor scratches, rub marks, or stone chips) that
occur during the regular use will not normally be subject to review.
(d) Collisions occurring while the vehicle is being operated as an emergency vehicle,
including vehicle pursuits, are subject to review.
All investigative reports and evidence regarding the circumstances surrounding the collision will
be reviewed. Collisions that may be the subject of a criminal action are not reviewed until the
matter is closed.
The collision review package includes:
(a) A SECTOR Report, case report, or administrative report, as appropriate.
(b) Photographs.
(c) Diagrams, as appropriate.
(d) Witness statements, if available.
(e) Any other relevant evidence.
After all pertinent reports, evidence, and details have been examined, the review will determine
the following:
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Was the investigation adequate and complete?
2. Was the collision preventable or non -preventable?
1. Non -preventable: Any collision where the employee was following department
policy, driving in a legally appropriate manner, exercising due caution, and using
proper defensive actions but the collision occurred anyway through no fault of
the employee.
2. Preventable: Any vehicle collision which was avoidable had the driver
used prudent caution, defensive driving and/or followed department policies,
procedures, rules, regulations. Preventable collisions include those instances
where the drive failed to recognize hazardous conditions, including roadway
conditions, failed to take appropriate action to maintain control of the vehicle, or
when they failed to drive within the confines of their personal capabilities or the
limitations imposed by each vehicle's design and handling characteristics.
Following review of the collision investigation, and the determination of preventable or non -
preventable, the Chief of Police may propose corrective action or discipline in accordance with
the Discipline policy and the CBA.
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Policy Manual
Vehicle Towing
503.1 PURPOSE AND SCOPE
This policy provides guidance related to vehicle towing. Nothing in this policy shall require a
member of this department to tow a vehicle.
503.2 POLICY
The Port Orchard Police Department will tow vehicles when appropriate and in accordance with
the law.
503.3 TOWING SERVICES
Members shall not show preference among towing services that have been authorized for use
by the Department. A rotation or other system established by the Department for tow services
should be followed.
503.4 ARREST SCENES
Whenever the owner or operator of a vehicle is arrested, the arresting officer should provide
reasonable safekeeping by leaving the vehicle secured and lawfully parked at the scene or, when
appropriate, by having the vehicle towed, such as when the vehicle presents a traffic hazard or
the vehicle would be in jeopardy of theft or damage if left at the scene.
Officers should investigate whether reasonable alternatives to towing are available after arrest. A
vehicle should not be towed if reasonable alternatives are available. When considering whether
to leave a vehicle at the scene, officers should take into consideration public safety as well as the
reasonable safety of the vehicle and its contents.
The following are examples of situations where a vehicle should not be towed:
(a) The vehicle can be legally parked, left in a reasonably secure and safe location, and
is not needed as evidence.
(b) The vehicle is parked on private property, on which the arrestee or owner is legally
residing, or the property owner does not object to the vehicle being parked at that
location.
(c) The arrestee or owner of the vehicle requests that it be released to a person who is
present, willing, and able to legally take control of the vehicle.
(d) The vehicle is legally parked and the arrestee or owner requests that it be left at the
scene. In such cases the requester should be informed that the Department will not
be responsible for theft or damages.
503.5 VEHICLE INVENTORY
The contents of all vehicles towed at the request of department members shall be inventoried and
listed on the inventory report. When reasonably practicable, photographs may be taken to assist
in the inventory.
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(a) An inventory of personal property and the contents of open containers will be
conducted throughout the passenger and engine compartments of the vehicle
including but not limited to any unlocked glove box, other accessible areas under or
within the dashboard area, any pockets in the doors or in the back of the front seat, in
any console between the seats, under any floor mats, and under the seats.
(b) In addition to the passenger and engine compartments as described above, an
inventory of personal property and the contents of open containers will also be
conducted in any other type of unlocked compartments that are a part of the vehicle,
including unlocked vehicle trunks and unlocked car top containers.
(c) A locked vehicle trunk shall not be opened, even if it may be opened without a key
from an accessible area of the passenger compartment. Locked or closed containers
located within the passenger compartment should be inventoried as a sealed unit,
absent exigent circumstances.
(d) Closed containers located either within the vehicle or any of the vehicle's
compartments will not be opened for inventory purposes except for the following:
wallets, purses, coin purses, fanny packs, personal organizers, briefcases or other
closed containers designed for carrying money, small valuables, or hazardous
materials.
Members should ask the occupants whether the vehicle contains any valuables or hazardous
materials. Responses should be noted in the inventory report. If the occupant acknowledges that
any closed container contains valuables or a hazardous material, the container shall be opened
and inventoried. When practicable and appropriate, such items should be removed from the
vehicle and given to the owner or booked into property for safekeeping.
Any cash, jewelry, or other small valuables located during the inventory process will be held for
safekeeping, in accordance with the Property and Evidence Policy. A copy of the property form
should be given to the person in control of the vehicle or, if that person is not present, left in the
vehicle.
A copy of the vehicle inventory will be given to the tow truck operator.
These inventory procedures are for the purpose of protecting the vehicle owner's property,
providing for the safety of department members, and protecting the Department against fraudulent
claims of lost, stolen, or damaged property.
Towing a vehicle in order to perform an inventory should not be used as a pretext for an evidence
search. Nothing in this policy prevents the towing of a vehicle that would occur for reasons
independent of any suspicion that the vehicle may contain evidence if it is otherwise justified by
law or this policy.
503.6 SECURITY OF VEHICLES AND RETRIEVAL OF PROPERTY
If the search of a vehicle leaves the vehicle or any property contained therein vulnerable to
unauthorized entry, theft, or damage, the department member conducting the search shall take
such steps as are reasonably necessary to secure or protect the vehicle or property from such
hazards.
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Unless it would cause an unreasonable delay in towing the vehicle or create an issue of officer
safety, reasonable accommodations should be made to permit the owner, operator, or occupant
to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions)
that are not considered evidence or contraband.
Members who become aware that a vehicle may have been towed by the Department in error
should promptly advise a supervisor. Supervisors should approve, when appropriate, the release
of the vehicle without requiring the owner or their agent to request a hearing to contest the tow.
503.7 REMOVAL OF VEHICLES DUE TO HAZARD
When a vehicle should be towed because it presents a hazard, the owner or operator should
arrange for the towing. Department members may assist by communicating requests through
Kitsap 911 to expedite the process.
If the owner or operator is unable to arrange for towing and the vehicle presents a hazard,
the vehicle may be towed at the direction of the department member (RCW 46.55.080; RCW
46.55.085; RCW 46.55.113).
Vehicles that are not the property of the City should not be driven by department members unless
it is necessary to move the vehicle a short distance to eliminate a hazard, prevent the obstruction
of a fire hydrant, or comply with posted signs.
503.8 VEHICLES RELATED TO CRIMINAL INVESTIGATIONS
An officer should tow a vehicle when probable cause exists to believe the vehicle has been
stolen or used in the commission of a felony, or the driver committed a traffic offense for which
impoundment is authorized by law.
503.8.1 RECORDS UNIT RESPONSIBILITIES
Whenever a stolen vehicle is impounded by the Port Orchard Police Department, personnel will
promptly attempt to notify the legal owner of the recovery.
503.9 RECORDS
Kitsap 911 shall ensure that pertinent data regarding a towed vehicle is promptly entered into the
appropriate database.
503.9.1 VEHICLE STORAGE REPORT
Department members towing a vehicle shall complete an impound authorization and inventory
form. The report should be submitted to the Records Unit as soon as practicable after the vehicle
is towed.
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Vehicle Impound Hearings
504.1 PURPOSE AND SCOPE
This policy establishes a procedure for the requirement to provide vehicle storage or impound
validity hearings.
504.2 IMPOUND HEARING
When a vehicle is impounded by any member of the Port Orchard Police Department, a hearing
will be conducted upon the request of the registered or legal owner of the vehicle or their agent
(RCW 46.55.240).
504.2.1 HEARING PROCEDURES
Vehicle impoundment hearings shall go before and be heard by the Port Orchard Municipal Court,
including those pursuant to RCW 46.55.120.
Should a member of the Port Orchard Police Department receive a notice of impoundment or
redemption hearing from the Port Orchard Municipal Court and/or the Kitsap County District Court,
such notice shall be forwarded to Deputy Chief and the city prosecutor's office.
The officer who initiated the impound shall schedule to attend any hearing scheduled pursuant to
RCW 46.55.120, prepared to testify.
Upon completion of the hearing, a copy of the court's final decision shall be forwarded to
Administrative Services for placement in the case file.
If a decision is made that the vehicle was not impounded in a lawful manner, the vehicle in
impound shall be released immediately, if it has not already been released. The court may order
the Department to pay towing and storage fees and/or reimburse the registered or legal owner
of the vehicle in question (RCW 46.55.120(e)). Should the court order such payment, a copy of
the court order shall be provided to the Deputy Chief and the city prosecutor's office. The Police
Services Coordinator shall ensure the payment is processed.
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Traffic Citations
505.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,
and voiding of traffic citations.
505.2 RESPONSIBILITIES
Traffic citations will be issued using either the Statewide Electronic Collison and Ticket Online
Reporting system (SECTOR) or the appropriate paper document. Unless approved by a
supervisor, officers shall download all issued citations prior to the end of their shift.
The Records Unit shall be responsible for the supply and accounting of all traffic citations issued
to employees of this department.
505.3 DISMISSAL OF TRAFFIC CITATIONS
Employees of this department do not have the authority to dismiss a citation once it has been
issued. Only the court has the authority to dismiss a citation that has been issued. All recipients
of traffic citations who request the dismissal of a traffic citation shall be referred to the appropriate
court.
Should an officer determine during a court proceeding that a traffic citation should be dismissed
in the interest of justice or where prosecution is deemed inappropriate the officer may request
the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer
shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall
complete any paperwork as directed or required. The citation dismissal shall then be forwarded
to the Deputy Chief for review.
505.4 VOIDING TRAFFIC CITATIONS
Voiding a traffic citation may occur when a traffic citation has not been completed or where it
is completed, but not issued. Officers will utilize the State Electronic Collision and Ticket Online
Records system for traffic citations with the exception of certain criminal acts which are designated
by the Prosecutor's office for direct filing. Voiding SECTOR citations does not require supervisor
approval and must be voided prior to issuance, as SECTOR does not allow citation voiding after
finalizing the citation.
505.5 CORRECTION OF TRAFFIC CITATIONS
When a traffic citation is issued and in need of correction, the officer issuing the citation shall
submit the requested changes directly to Port Orchard Municipal Court or in the case of an outside
enforcement program such as a traffic task force, to the court which has jurisdiction over the
citation.
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505.6 JUVENILE CITATIONS
Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults.
The juvenile's age, place of residency, and the type of offense should be considered before issuing
the juvenile a citation.
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Disabled Vehicles
506.1 PURPOSE AND SCOPE
This department has adopted the following policy on assisting motorists in disabled vehicles within
this jurisdiction.
506.2 OFFICER RESPONSIBILITY
When an on -duty officer observes a disabled vehicle on the roadway, the officer should make a
reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the
dispatcher should be advised of the location of the disabled vehicle and the need for assistance.
The dispatcher should then assign another available officer to respond for assistance as soon
as practical.
506.3 EXTENT OF ASSISTANCE
In most cases, a disabled motorist will require assistance. After arrangements for assistance are
made, continued involvement by department personnel will be contingent on the time of day, the
location, the availability of departmental resources, and the vulnerability of the disabled motorist.
506.3.1 MECHANICAL REPAIRS
Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push
bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.
506.3.2 JUMPER CABLES
Due to the computer and other emergency equipment located in a patrol vehicle, officers shall not
use jumper cables with a Department vehicle to jump start another vehicle. When dealing with
dead batteries, officers should consider calling a tow company or locksmith for private vehicles.
A jumper box is located at the Department's secure garage for use on Department vehicles.
506.3.3 VEHICLE LOCK -OUTS
Due to the possibility of damaging a vehicle, officers shall not, excluding exigent circumstances,
use slim jims, lock picks, or similar devices to unlock vehicles. When dealing with private lock-
outs, officers should consider calling a tow company or suitable roadside assistance provider.
506.3.4 RELOCATION OF DISABLED VEHICLES
The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle
should only occurwhen the conditions reasonably indicate that immediate movement is necessary
to reduce a hazard presented by the disabled vehicle.
506.3.5 RELOCATION OF MOTORIST
The relocation of a motorist with a disabled vehicle should only occur with the person's consent and
should be suggested when conditions reasonably indicate that immediate movement is necessary
to mitigate a potential hazard. The department member may stay with the disabled motorist or
transport him/her to a safe area to await pickup.
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506.4 POLICY
It is the policy of the Port Orchard Police Department to assist motorists with disabled vehicles until
those vehicles are safely removed from the roadway. Members should take appropriate action to
mitigate potential problems when a vehicle constitutes a traffic hazard or the safety of the motorist
is a concern.
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Vehicle Seizure and Forfeiture
507.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure and forfeiture of vehicles
associated with the arrest of subjects for driving under the influence (RCW 46.61.502) or physical
control of a vehicle while under the influence (RCW 46.61.504).
507.2 SUSPENSION OF WASHINGTON DRIVER LICENSES
RCW 46.61.5058 provides for the forfeiture of any vehicle when the driver of such vehicle has been
arrested for driving under the influence or physical control of a vehicle while under the influence,
if such person has a prior offense within seven years as defined in RCW 46.61.5055.
507.2.1 ADMINISTRATIVE RESPONSIBILITIES
All procedures and administrative responsibilities associated with this policy are handled by the
Administrative Services Division.
507.3 VEHICLE SEIZURE PROCEDURES
When an officer arrests a subject for driving under the influence (RCW 46.61.502) or physical
control of a vehicle while under the influence (RCW 46.61.504), the officer may initiate steps to
seize the arrestee's vehicle under the following circumstances:
(a) The arrestee has a prior offense within seven years as defined in RCW 46.61.5055
(b) The arrestee must be provided with a department form to notify the arrestee, in writing,
that it is unlawful to transfer, sell, or encumber in any way the subject's interest in the
vehicle in which they were driving or had physical control when the violation occurred,
and
(c) The vehicle is not a rental (RCW 46.61.5058(1)(b)).
The vehicle may be seized as provided under the authority of RCW 46.61.5058.
507.3.1 PHYSICAL SEIZURE OF VEHICLE
Physical seizure of the vehicle shall occur only upon the following circumstances:
(a) Upon conviction of either driving under the influence or physical control of a vehicle
while driving under the influence where the person convicted has a prior offense within
seven years as defined in RCW 46.61.5055 and the person driving has a financial
interest in the vehicle.
(b) Upon a court order.
(c) If there is reasonable cause to believe that the vehicle subject to seizure has been the
subject of a prior judgment in favor of the state in a forfeiture proceeding, the officer
may seize the vehicle immediately.
Any vehicle that is seized pursuant to any of the above subsections should immediately be
impounded and held pending further court action (RCW 46.61.5058(3)).
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507.4 VEHICLE FORFEITURE
It is the policy of the Port Orchard Police Department to initiate forfeiture proceedings on all
vehicles seized pursuant to RCW 46.61.5058.
Within fifteen days after vehicle seizure, the legal owner of the seized vehicle shall be notified of
the seizure and intended forfeiture. Such notification shall be accomplished in writing to the last
known address of the legal owner by certified mail with a return of service requested, or any other
form of notification required by court order (RCW 46.61.5058(4)).
507.4.1 FORFEITURE HEARING
Persons notified of seizure have forty-five days to respond. Upon written response, such persons
shall have the opportunity to be heard as to the claim or right (RCW 46.61.5058(6)).
(a) The following procedure shall apply in such cases:
1. Persons requesting a forfeiture hearing must complete and sign an Port Orchard
Police Department Forfeiture Request Form;
2. All hearings shall be scheduled and conducted in a timely fashion.
3. The hearing officer(s) shall be designated by the Chief of Police.
4. The decision of the hearing officer shall be considered final.
(b) The owner of the seized vehicle may, through his/her initiation and legal process,
choose to remove the hearing to court.
(c) The vehicle shall be considered forfeited under the following circumstances:
1. If, forty-five days after the seizure, no person has notified the Port Orchard Police
Department of a claim of ownership or right to the vehicle.
2. After a hearing officer has determined that the vehicle was lawfully seized and
is subject to forfeit.
3. A court of local jurisdiction has determined that the vehicle was lawfully seized
and is subject to forfeit.
(d) In any case where it is determined that the vehicle is not subject to forfeit, it shall be
immediately returned to the legal owner.
507.5 PROCEDURES FOLLOWING FORFEITURE
Vehicles that have been lawfully seized and through forfeit the ownership is transferred to the
Port Orchard Police Department may be sold or retained for official use provided that all bona fide
security interests to the vehicle are first satisfied (RCW 46.61.5058(7)). The following procedure
shall apply after vehicles are legally forfeited to the Port Orchard Police Department:
(a) The Deputy Chief or his/her designee shall determine the disposition of all vehicles
legally forfeited to the Port Orchard Police Department. Such disposition shall be
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determined based on vehicle value, existing security interest, and the needs of the
Department.
(b) The value of the vehicle is the sale price, or if retained, the fair market value of the
vehicle at the time of the seizure (RCW 46.61.5058(14)).
(c) A record of the forfeited vehicle shall be maintained. The record shall indicate the
prior owner's information, if known, a description of the vehicle, the disposition of
the vehicle, its value at time of seizure and the amount of proceeds realized from
disposition of the vehicle (RCW 46.61.5058(8)).
1. Such records shall be maintained for at least seven years (RCW 46.61.5058(9)).
(d) A copy of the records of all forfeited vehicles shall be filed with the state treasurer each
calendar quarter (RCW 46.61.5058(10)).
(e) By January 31 st of each year, ten percent of the net proceeds of vehicles forfeited
during the preceding calendar year shall be remitted to the state treasurer (RCW
46.61.5058(12)(13)).
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Unauthorized 24 Hour Vehicle Violations
508.1 PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of unauthorized vehicles
parked in violation of 24 hour time limitations.
508.2 MARKING VEHICLES
Vehicles suspected of being subject to removal from a highway after being left unattended for
24 hours shall be marked as described below. No case number is required at this time (RCW
46.55.010(14)).
A notification sticker shall be applied in a visible location and the rear window should be marked
with the date and time with a window marker. (RCW 46.55.085(1)).
If a marked vehicle has been moved, or the markings have been removed during a 24-hour
investigation period, the vehicle shall be re -marked for another 24-hour period.
508.2.1 MARKED VEHICLE FOLLOW-UP
Officers will assist with the follow-up investigation of all 24-hour unauthorized vehicle violations
initiated by the Department. If a marked vehicle has current Washington registration plates, officers
shall check the records to learn the identity of the last owner of record. A reasonable effort shall
be made to contact the owner by telephone and provide notice that if the vehicle is not removed
within twenty-four hours from the time the sticker was attached, the vehicle may be taken into
custody and stored at the owner's expense (RCW 46.55.085(2)).
508.2.2 VEHICLE STORAGE
An officer may store any vehicle not removed 24 hours after marking (RCW 46.55.085(3)).
The officer authorizing the storage of the vehicle shall complete an incident report to include a
uniform impound authorization and inventory form. The completed form shall be submitted to the
Records Unit immediately following the storage of the vehicle (RCW 46.55.075(2)).
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Policy Manual
Impaired Driving
509.1 PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and
investigation of driving under the influence (DUI).
509.2 POLICY
The Port Orchard Police Department is committed to the safety of the roadways and the community
and will pursue fair but aggressive enforcement of Washington's impaired driving laws.
509.3 INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically
assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.
The Department of Licensing provides forms and formats for advising the suspect of Miranda
rights, implied consent warnings, and field sobriety tests. They also provide forms for the
administration of the breath test (BAC Verifier). Any DUI investigation will be documented using
these forms where appropriate. Information documented elsewhere on the form does not need to
be duplicated in the report narrative. Information may include,
(a) The field sobriety tests (FSTs) administered and the results.
(b) The officer's observations that indicate impairment on the part of the individual, and the
officer's health -related inquiries that may help to identify any serious health concerns
(e.g., diabetic shock).
(c) Sources of additional information (e.g., reporting party, witnesses) and their
observations.
(d) Information about any audio and/or video recording of the individual's driving or
subsequent actions.
(e) The location and time frame of the individual's vehicle operation and how this was
determined.
(f) Any prior related convictions in Washington or another jurisdiction.
(g) Whether a child under the age of 16 was present in the vehicle (RCW 46.61.507).
509.4 FIELD TESTS
Officers may utilize Standardized Field Sobriety Tests and supplemental tests as trained in
accordance with guidelines established by the National Highway Safety Administration, the
International Association of Police Chiefs, and the Washington State Patrol Impaired Driving
Section or other appropriate agency.
509.4.1 PRELIMINARY BREATH TEST
Preliminary Breath Test (PBT) instruments are approved for use in establishing probable cause
that a subject has consumed alcohol. The operator must be trained in the use of the PBT and
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perform the test according to the policies and procedures approved by the state toxicologist. The
operator will perform the following test protocol:
PPBTs must be certified at least every six months. Certification of PBTs can be performed
by employees or persons certified by the state toxicologist as PBT technicians, or by factory
authorized representatives, provided that the protocol for certification approved by the state
toxicologist is followed. Persons certified as PBT technicians must renew their certifications every
three years.
The certification and use of preliminary breath test (PBT) is governed by WAC 448-15.
509.4.2 DRUG RECOGNITION EXPERT
Drug Recognition Experts (DRE) are individuals who have successfully completed all training
requirements for certification established by the International Association of Chiefs of Police and
the National Highway Traffic Safety Administration. If an officer has reason to believe that a driver
is impaired by drugs based on experience, training, odors or lack of odors, observed impairment
not consistent with PBT or BAC or other evidence, the investigating officer should request a DRE.
When the evaluation is complete, the DRE will notify the arresting officer of the results of the
evaluation.
509.5 CHEMICAL TESTS
A person implies consent under Washington law to a chemical test or tests of the person's breath
and to providing the associated chemical sample under any of the following (RCW 46.20.308):
(a) The arresting officer has reasonable grounds to believe the person was driving or
in actual physical control of a motor vehicle while under the influence of intoxicating
liquor or drug.
(b) The arresting officer has reasonable grounds to believe a person under the age of 21
was driving or in actual physical control of a motor vehicle while having a blood alcohol
concentration of at least 0.02 (RCW 46.61.503).
(c) The officer has stopped a person operating a commercial motor vehicle license (CDL)
and has reasonable grounds to believe that the person was driving while having
alcohol in the person's system (RCW 46.25.120).
If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is
unconscious), the officer should consider implied consent revoked and proceed as though the
person has refused to provide a chemical sample.
509.5.1 BREATH SAMPLES
The Deputy Chief or designee should ensure that all Preliminary Breath Test devices used for
the collection and analysis of breath samples are properly serviced and tested, and that a record
of such service and testing is properly maintained. The Washington State Patrol will service and
maintain evidentiary breath testing equipment in accordance with WAC 448.16.
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Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any PBT
anomalies or equipment failures should be noted in the appropriate report and promptly reported
to the Deputy Chief or designee. Evidentiary breath test device anomalies and failures that prevent
normal operation of the device shall be reported to the WSP Communications Center and machine
will be placed out of service.
Generally, chemical tests to determine alcohol concentration shall be of the breath only (RCW
46.20.308; RCW 46.25.120).
509.5.2 BLOOD SAMPLES
Only persons authorized by law to draw blood shall collect blood samples (RCW 46.61.506). The
blood draw should be witnessed by the assigned officer. No officer, even if properly certified,
should perform this task.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate
sample can be collected for alternate testing. Unless medical personnel object, two samples
should be drawn and retained as evidence, so long as only one puncture is required.
The blood sample shall be packaged, marked, handled, stored and transported as required by
the testing facility.
If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken
medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability
to take a blood test should not be considered a refusal. However, that arrestee may be required
to complete another available and viable test.
A blood sample may be obtained only with the consent of the individual or as otherwise provided
in this policy (RCW 46.20.308; RCW 46.25.120).
509.5.3 STATUTORY NOTIFICATIONS
An officer requesting that a person submit to a chemical test shall provide the person, prior to
administering the test, with the mandatory warnings pursuant to RCW 46.20.308(2) or if driving a
commercial vehicle the warnings pursuant to RCW 46.25.120(3).
509.6 REFUSALS
When an arrestee refuses to provide a chemical sample, officers shall:
(a) Advise the arrestee of the requirement to provide a sample.
(b) Audio- and/or video -record the admonishment and the response when it is practicable.
(c) Document the refusal in the appropriate report.
509.6.1 BLOOD SAMPLE WITHOUT CONSENT
A blood sample may be obtained from a person who has been arrested and does not consent to
a blood test when any of the following conditions exist (RCW 46.20.308; RCW 46.25.120):
(a) A search warrant has been obtained.
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(b) The officer can articulate that exigent circumstances exist.
Exigency does not exist solely because of the short time period associated with the natural
dissipation of alcohol or controlled or prohibited substances in the person's bloodstream. Exigency
can be established by the existence of special facts, such as a lengthy time delay in obtaining a
blood sample due to an accident investigation or medical treatment of the person.
509.6.2 FORCED BLOOD SAMPLE
If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer
should request a supervisor to respond.
The responding supervisor should:
(a) Evaluate whether using force to obtain a blood sample is appropriate under the
circumstances.
(b) Ensure that all attempts to obtain a blood sample through force cease if the person
agrees to, and completes a viable form of testing in a timely manner.
(c) Advise the person of his/her duty to provide a sample (even if this advisement was
previously done by another officer) and attempt to persuade the individual to submit
to such a sample without physical resistance. This dialogue should be recorded on
audio and/or video when practicable.
(d) Ensure that the blood sample is taken in a medically approved manner.
(e) Ensure the forced blood draw is recorded on audio and/or video when practicable.
(f) Monitor and ensure that the type and level of force applied appears reasonable under
the circumstances.
1. Unless otherwise provided in a warrant, force should generally be limited to
handcuffing or similar restraint methods.
2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no
additional force will be used and a refusal should be noted in the report.
3. In felony cases, force which reasonably appears necessary to overcome the
resistance to the blood draw may be permitted.
(9) Ensure the use of force and methods used to accomplish the collection of the blood
sample are documented in the related report.
If a supervisor is unavailable, officers are expected to use sound judgment and perform as a
responding supervisor, as set forth above.
509.7 ARREST AND INVESTIGATION
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509.7.1 WARRANTLESS ARREST
An officer having probable cause to believe that a person is DUI may make a warrantless arrest
of the person whether or not the officer observed the violation first hand (RCW 10.31.100).
Arrests supported by probable cause for DUI are mandatory if the person has been convicted of
DUI in the past 10 years or if the officer has knowledge based on the information available to him/
her that the person is charged with, or is waiting arraignment for, an offense that would qualify as
a prior offense as defined by RCW 46.61.5055 if it were a conviction (RCW 10.31.100).
509.7.2 OFFICER RESPONSIBILITIES
If a person refuses to submit to a chemical test, or the results from the test render a prohibited
alcohol or THC concentration in the person's breath or blood, the officer shall (RCW 46.20.308(5)):
(a) Serve the notice of intention to suspend, revoke, or deny the person's license or permit
to drive.
(b) Provide the person with a written notice of his/her right to a hearing before the
Department of Licensing (DOL).
(c) Advise the person that his/her license or permit is a temporary license.
(d) Immediately notify the DOL of the arrest and within 72 hours transmit to the DOL a
sworn report that states:
The officer had reasonable grounds to believe the person was DUI.
2. After having received the required statutory warnings, the person either refused
to submit to a test of his/her blood or breath or submitted to a test that rendered
a prohibited alcohol or THC concentration of the person's breath or blood.
(e) Submit a sworn report to the DOL when the person has a CDL and either refused or
had a test administered that disclosed a prohibited amount of alcohol or any amount
of THC concentration (RCW 46.25.120(5)).
When a person is arrested for a violation of RCW 46.61.502 (DUI) or RCW 46.61.504 (Physical
control of vehicle while DUI), the officer shall make a clear notation on the report if there is a child
under the age of 16 present in the vehicle and promptly notify child protective services as required
in the Child Abuse Policy (RCW 46.61.507).
509.7.3 ADDITIONAL TESTING
A person submitting to a chemical test pursuant to this policy may have a qualified person of his/
her own choosing administer one or more tests in addition to any administered at the direction of
an officer (RCW 46.20.308(2); RCW 46.61.506).
509.8 RECORDS UNIT RESPONSIBILITIES
The Police Services Coordinatorwill ensure that all case -related records are transmitted according
to current records procedures and as required by the prosecuting attorney's office.
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509.9 ADMINISTRATIVE HEARINGS
The Police Services Coordinator will ensure that all appropriate reports and documents related to
administrative license suspensions are reviewed and forwarded to the DOL.
Any officer who receive notice of required attendance to an administrative license suspension
hearing should promptly notify the prosecuting attorney.
An officer called to testify at an administrative hearing should document the hearing date and the
DOL file number in a supplemental report. Specific details of the hearing generally should not be
included in the report unless errors, additional evidence or witnesses are identified.
509.10 TRAINING
The Deputy Chief should ensure that officers participating in the enforcement of DUI laws
receive regular training. Training should include, at minimum, current laws on impaired driving,
investigative techniques and rules of evidence pertaining to DUI investigations. The Deputy Chief
should confer with the prosecuting attorney's office and update training topics as needed.
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Chapter 6 - Investigation Operations
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600.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and
disposition of criminal investigations.
600.2 POLICY
It is the policy of the Port Orchard Police Department to investigate crimes thoroughly and with
due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission
to a prosecutor.
600.3 INITIAL INVESTIGATION
600.3.1 OFFICER RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
(a) Make a preliminary determination of whether a crime has been committed by
completing, at a minimum:
1. An initial statement from any witnesses or complainants.
2. A cursory examination for evidence.
(b) If information indicates a crime has occurred, the officer shall:
1. Preserve the scene and any evidence as required to complete the initial and
follow-up investigation.
2. Determine if additional investigative resources (e.g., investigators or scene
processing) are necessary and request assistance as required.
3. If assistance is warranted, or if the incident is not routine, notify a supervisor or
the Shift Supervisor.
4. Make reasonable attempts to locate, identify and interview all available victims,
complainants, witnesses and suspects.
5. Collect any evidence.
6. Take any appropriate law enforcement action.
7. Complete and submit the appropriate reports and documentation.
(c) If the preliminary determination is that no crime occurred, determine what other action
may be necessary, what other resources may be available, and advise the informant
or complainant of this information.
600.3.2 PROFESSIONAL STAFF MEMBER RESPONSIBILITIES
A professional staff member assigned to any preliminary investigation is responsible for all
investigative steps, except making any attempt to locate, contact or interview a suspect face-to-
face or take any enforcement action. Should an initial investigation indicate that those steps are
required, the assistance of an officer shall be requested.
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600.3.3 ARRESTS BY PRIVATE PERSONS
Private persons may make a common law arrest for crimes constituting a breach of the peace
or may detain a person under the authority of RCW 9A.16.020 (felonies, retail theft, etc.) Any
officer presented with a private person wishing to make an arrest must determine whether there
is probable cause to believe that such an arrest would be lawful.
(a) Should any officer determine that there is no probable cause to believe that a private
person's arrest is lawful, the officer should take no action to further detain or restrain
the individual beyond that which reasonably appears necessary to investigate the
matter, determine the lawfulness of the arrest and protect the public safety.
1. Any officer who determines that a private person's arrest appears to be unlawful
should promptly release the arrested individual. The officer must include the
basis of such a determination in a related report.
2. Absent probable cause to support a private person's arrest or other lawful
grounds to support an independent arrest by the officer, the officer should
advise the parties that no arrest will be made and that the circumstances will be
documented in a related report.
(b) Whenever an officer determines that there is probable cause to believe that a private
person's arrest is lawful, the officer shall take a written statement from the person who
has made the arrest. In addition, the officer may exercise one of the following options:
1. Take the individual into physical custody for booking.
2. Release the individual subsequent to the issuance of a citation for the individual
to appear in the appropriate court.
600.4 CUSTODIAL INTERROGATION REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda
warning, unless an exception applies. See the Temporary Custody of Juveniles Policy forjuvenile
requirements.
600.4.1 AUDIO/VIDEO RECORDINGS
The following custodial interrogations conducted at a place of detention (as defined by RCW
10.122.020) shall be electronically recorded (audio and video):
(a) The interrogation of a juvenile
(b) The interrogation of an adult who is suspected of a felony
The recording shall include any required warnings, advice of the rights of the individual being
questioned, and waiver of rights. Consent to the electronic recording is not required, but the officer
shall inform the suspect that they are being recorded (RCW 10.122.030).
A custodial interrogation at any place other than a place of detention shall be recorded by audio
means at a minimum (RCW 10.122.030).
Regardless of where the interrogation occurs, every reasonable effort should be made to secure
functional recording equipment to accomplish such recordings.
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Consideration should also be given to recording a custodial interrogation, or any investigative
interview, for any other offense when it is reasonable to believe it would be appropriate and
beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written
authorization from the prosecuting attorney and the General Investigations Unit supervisor. Copies
of recorded interrogations or interviews may be made in the same or a different format as the
original recording, provided the copies are true, accurate, and complete and are made only for
authorized and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews. Written
statements from suspects should continue to be obtained when applicable.
600.4.2 DOCUMENTATION
If a custodial interrogation at a place of detention occurs without electronically recording it in
its entirety, the officer shall prepare a written or electronic report explaining the reason and
summarize the custodial interrogation process and the individual's statements. This report shall
be completed as soon as practicable after completing the interrogation (RCW 10.122.030).
If the custodial interrogation occurs outside a place of detention, the officer shall complete a report
as soon as practicable explaining the decision and summarize the custodial interrogation process
and the individual's statements (RCW 10.122.030).
600.4.3 EXCEPTIONS
Exceptions to the recording requirements apply in the following circumstances:
(a) When spontaneous utterances or statements are made outside the course of a
custodial interrogation, or a statement made in response to a question asked routinely
during the processing of the arrest of an individual (RCW 10.122.030).
(b) Exigent circumstances exist that prevent an officer from electronically recording an
interrogation. In those cases, the officer shall record electronically an explanation of
the exigent circumstances before conducting the interrogation, if feasible, or as soon
as practicable after the interrogation is completed (RCW 10.122.040).
(c) The individual indicates a refusal to participate or further participate in the electronic
recording. When feasible, the agreement of the individual to participate in the
interrogation without recording or further participate should be recorded electronically
(RCW 10.122.060).
(d) The officer conducting an interrogation has no reason to believe the individual being
interrogated committed an act that requires electronic recording of the interrogation
(RCW 10.122.080).
1. If during the interrogation, the individual being interviewed reveals facts and
circumstances that give the officer conducting the interview a reason to believe
that an act was committed that requires an electronic recording, the continued
interrogation shall be recorded.
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(e) The officer or the officer's supervisor reasonably believes the electronic recording
would disclose the identity of a confidential informant or jeopardize the safety of the
officer, the individual being interrogated, or another person (RCW 10.122.090).
1. If feasible and consistent with the safety of a confidential informant, an
explanation of the basis for the belief that electronic recording would disclose
the informant's identity must be electronically recorded at the time of the
interrogation or if not feasible as soon as practicable after the interrogation is
completed.
(f) The equipment malfunctions (RCW 10.122.100).
600.4.4 RECORDING PROCEDURES
The Chief of Police should designate a member of the Department to be responsible for electronic
recordings. Responsibilities should include but are not limited to (RCW 10.122.150):
(a) Developing protocols on how a recording is made, including the following:
1. Standards for angles, focus, and field of vision to promote accurate recording.
(b) Developing procedures for the collection and review of recordings or absence of
recordings by supervisors.
(c) Assigning a specific supervisor responsibility to promote accountability, including but
not limited to:
1. Adequate staffing.
2. Training.
3. Material resources.
(d) Developing procedures for preservation of chain of custody of recordings.
(e) Developing a process for explaining noncompliance with procedures.
600.5 DISCONTINUATION OF INVESTIGATIONS
The investigation of a criminal case or efforts to seek prosecution should only be discontinued if
one of the following applies:
(a) All reasonable investigative efforts have been exhausted, no reasonable belief that
the person who committed the crime can be identified, and the incident has been
documented appropriately.
(b) The perpetrator of a misdemeanor has been identified and a warning is the most
appropriate disposition.
1. In these cases, the investigator shall document that the person was warned and
why prosecution was not sought.
2. Warnings shall not be given for felony offenses or other offenses identified in this
policy or by law that require an arrest or submission of a case to a prosecutor.
(c) The case has been submitted to the appropriate prosecutor but no charges have been
filed. Further investigation is not reasonable nor has the prosecutor requested further
investigation.
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(d) The case has been submitted to the appropriate prosecutor, charges have been filed,
and further investigation is not reasonable, warranted or requested, and there is no
need to take the suspect into custody.
(e) Suspects have been arrested, there are no other suspects, and further investigation
is either not warranted or requested.
(f) Investigation has proven that a crime was not committed (see the Sexual Assault
Investigations Policy for special considerations in these cases).
The Domestic Violence, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may
also require an arrest or submittal of a case to a prosecutor.
600.6 COMPUTERS AND DIGITAL EVIDENCE
The collection, preservation, transportation and storage of computers, cell phones and other
digital devices may require specialized handling to preserve the value of the related evidence. If
it is anticipated that computers or similar equipment will be seized, officers should request that
computer forensic examiners assist with seizing computers and related evidence. If a forensic
examiner is unavailable, officers should take reasonable steps to prepare for such seizure and
use the resources that are available.
600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES
Use of social media and any other internet source to access information for the purpose of criminal
investigation shall comply with applicable laws and policies regarding privacy, civil rights and
civil liberties. Information gathered via the internet should only be accessed by members while
on -duty and for purposes related to the mission of this department. If a member encounters
information relevant to a criminal investigation while off -duty or while using his/her own equipment,
the member should note the dates, times and locations of the information and report the discovery
to his/her supervisor as soon as practicable. The member, or others who have been assigned to
do so, should attempt to replicate the finding when on -duty and using department equipment.
Information obtained via the internet should not be archived or stored in any manner other than
department -established record keeping systems (see the Records Maintenance and Release and
Criminal Organizations policies).
600.7.1 ACCESS RESTRICTIONS
Information that can be accessed from any department computer, without the need of an account,
password, email address, alias or other identifier (unrestricted websites), may be accessed and
used for legitimate investigative purposes without supervisory approval.
Accessing information from any internet source that requires the use or creation of an account,
password, email address, alias or other identifier, or the use of nongovernment IP addresses,
requires supervisor approval prior to access. The supervisor will review the justification for
accessing the information and consult with legal counsel as necessary to identify any policy or
legal restrictions. Any such access and the supervisor approval shall be documented in the related
investigative report.
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Accessing information that requires the use of a third party's account or online identifier requires
supervisor approval and the consent of the third party. The consent must be voluntary and shall
be documented in the related investigative report.
Information gathered from any internet source should be evaluated for its validity, authenticity,
accuracy and reliability. Corroborative evidence should be sought and documented in the related
investigative report.
Any information collected in furtherance of an investigation through an internet source should be
documented in the related report. Documentation should include the source of information and
the dates and times that the information was gathered.
600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION
Intercepting social media communications in real time may be subject to federal and state wiretap
laws. Officers should seek legal counsel before any such interception.
600.8 MODIFICATION OF CHARGES FILED
Members are not authorized to recommend to the prosecutor or to any other official of the court that
charges on a pending case be amended or dismissed without the authorization of a Deputy Chief
or the Chief of Police. Any authorized request to modify the charges or to recommend dismissal
of charges shall be made to the prosecutor.
600.9 USE OF FACIAL RECOGNITION TECHNOLOGY
The Chief of Police should designate a member of the Department to be responsible for the
management of the facial recognition technology (FRT) program.
Responsibilities should include but are not limited to (RCW 43.386.020):
(a) Ensuring that department protocols and procedures conform to the department
accountability report, current laws, regulations, and best practices.
(b) Maintaining and updating the department accountability report.
600.9.1 AUTHORIZATION FOR FRT
Members seeking the use of FRT should make a request to the Deputy Chief or authorized
designee.
Upon approval, FRT may be used in accordance with the approved department accountability
report (RCW 43.386.020).
600.9.2 USE OF FRT IN SURVEILLANCE
Members shall not use FRT in ongoing surveillance (i.e., the tracking of the movement of a
recognized individual through one or more public places over time), to conduct real-time or
near real-time identification, or for persistent tracking (i.e., the tracking of the movement of
an unrecognized individual if the facial template data is maintained for more than 48 hours or
the identification of the individual is possible through links to other databases), unless (RCW
43.386.010; RCW 43.386.080):
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(a) A warrant is obtained that authorizes use.
(b) Exigent circumstances exist.
(c) A court order authorizing the use of FRT to locate or identify a missing person or to
identify a deceased person has been issued.
600.9.3 RESTRICTIONS ON THE USE OF FRT
Facial recognition service may not be applied (RCW 43.386.080):
(a) To any individual based on their religious, political, or social views or activities,
participation in a particular noncriminal organization or lawful event, or actual
or perceived race, ethnicity, citizenship, place of origin, immigration status, age,
disability, gender, gender identity, sexual orientation, or other characteristic protected
by law. Profiling is not condoned, including but not limited to predictive law
enforcement tools.
(b) To create a record describing any individual's exercise of rights guaranteed by the
First Amendment of the United States Constitution and by Article I, section 5 of the
state Constitution.
(c) As the sole basis to establish probable cause in a criminal investigation.
1. The results of a facial recognition service may be used in conjunction with other
information and evidence lawfully obtained by an officer to establish probable
cause in a criminal investigation.
(d) To identify an individual based on a sketch or other manually produced image.
(e) To a substantively manipulated image in a manner not consistent with the facial
recognition service provider's intended use and training.
600.9.4 DEMOGRAPHIC DATA REPORTING
The Police Services Coordinator is responsible for ensuring that demographic data regarding
individuals named in surveillance warrant applications is collected, summarized in a report, and
submitted to the appropriate legislative authority in January of each year (RCW 43.386.010; RCW
43.386.070).
600.9.5 COORDINATION WITH PROSECUTING OFFICE
When a case is submitted for prosecution, officers shall disclose to the prosecutor in writing
whether or not FRT was utilized in the investigation (RCW 43.386.070).
600.9.6 DOCUMENTATION
All pertinent records regarding the use of a facial recognition service shall be maintained to
facilitate public reporting and auditing of compliance with the Port Orchard Police Department
facial recognition policies (RCW 43.386.070).
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600.9.7 TRAINING
The Deputy Chief should ensure that those members responsible for using FRT or data produced
from the use of FRT receive periodic training regarding the Port Orchard Police Department's
policy and FRT-related procedures.
Training shall include the following but not be limited to (RCW 43.386.060):
(a) The capabilities and limitations of the facial recognition service.
(b) Procedures to interpret and act on the output of the facial recognition service.
(c) To the extent applicable to the deployment context, the meaningful human review
requirement for decisions that produce legal effects concerning individuals or similarly
significant effects concerning individuals.
600.10 CASE MANAGEMENT
The General Investigations Unit supervisor is responsible for the proper management of all
cases. The General Investigations Unit supervisor or the authorized designee should use the
department's case management system to screen all criminal reports for follow-up assignment or
closure based on solvability factors. Solvability factors to consider include the following:
(a) Witnesses to the crime
(b) Suspect identification, description, or location
(c) Vehicle identification
(d) Motive
(e) Physical evidence
(f) Whether stolen property can be traced
(g) Other potential suspects
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Sexual Assault Investigations
601.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These
guidelines will address some of the unique aspects of such cases and the effects that these crimes
have on the victims.
Mandatory notification requirements are addressed in the Child Abuse and Adult Abuse policies.
601.1.1 DEFINITIONS
Definitions related to this policy include:
Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to,
offenses defined in RCW 9A.44.010 et seq. and RCW 9A.64.020.
Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of
advocates; law enforcement officers; forensic medical examiners, including sexual assault
forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic
laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to
sexual assault victims.
601.2 POLICY
It is the policy of the Port Orchard Police Department that its members, when responding to
reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and
will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of
perpetrators, and protect the safety of the victims and the community.
601.3 QUALIFIED INVESTIGATORS
Qualified investigators should be available for assignment of sexual assault investigations. These
investigators should:
(a) Have specialized training in, and be familiar with, interview techniques and the medical
and legal issues that are specific to sexual assault investigations.
(b) Conduct follow-up interviews and investigation.
(c) Present appropriate cases of alleged sexual assault to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and medical
personnel as needed.
(e) Provide referrals to therapy services, victim advocates and support for the victim.
(f) Participate in or coordinate with the SART or other multidisciplinary investigative teams
as applicable.
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601.4 REPORTING
In all reported or suspected cases of sexual assault, a report should be written and assigned
for follow-up investigation. This includes incidents in which the allegations appear unfounded or
unsubstantiated.
601.5 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call to
Kitsap 911, should be the health and safety of the victim, the preservation of evidence, and
preliminary interviews to determine if a crime has been committed and to attempt to identify the
suspect.
Whenever possible, a member of the SART should be included in the initial victim interviews.
An in-depth follow-up interview should not be conducted until after the medical and forensic
examinations are completed and the personal needs of the victim have been met (e.g., change
of clothes, bathing). The follow-up interview may be delayed to the following day based upon the
circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified
investigator.
No opinion of whether the case is unfounded should be included in a report.
Victims should be apprised of applicable victim's rights provisions, as outlined in the Victim
Witness Assistance Policy.
601.5.1 VICTIM PERSONAL REPRESENTATIVE AND ADVOCATE
A victim may choose a personal representative to accompany him/her to the hospital or other
health care facility and to any proceeding concerning the alleged sexual assault, including
interviews. A personal representative includes a friend, relative, attorney, or employee or volunteer
from a community sexual assault program or specialized treatment service provider (RCW
70.125.030; RCW 70.125.060).
The victim may also choose to consult with a sexual assault survivor's advocate throughout the
investigatory process of the case. The assigned investigator should ensure the advocate has
access to the victim during the process (RCW 70.125.110).
601.5.2 POLYGRAPH EXAMINATION OF VICTIM
Victims of alleged sex offenses shall not be asked or required to submit to a polygraph examination
or other truth telling device as a condition for proceeding with the investigation of the offense. The
refusal of a victim to submit to a polygraph or other truth telling device shall not by itself prevent
the investigation, charging or prosecution of the offense (RCW 10.58.038; 34 USC § 10451).
601.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Whenever possible, a SART member should be involved in the collection of forensic evidence
from the victim.
When the facts of the case indicate that collection of biological evidence is warranted, it should
be collected regardless of how much time has elapsed since the reported assault.
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If a drug -facilitated sexual assault is suspected, urine and blood samples should be collected from
the victim as soon as practicable.
Subject to requirements set forth in this policy, biological evidence from all sexual assault cases,
including cases where the suspect is known by the victim, should be submitted for testing. Victims
who choose not to assist with an investigation, do not desire that the matter be investigated or
wish to remain anonymous may still consent to the collection of evidence under their control. In
these circumstances, the evidence should be collected and stored appropriately.
601.6.1 COLLECTION AND TESTING REQUIREMENTS
Members investigating sexual assaults or handling related evidence are required to do the
following:
(a) Sexual assault examination kits shall be submitted to an approved lab within 30 days
with a request for testing prioritization when either of the following conditions are met
(RCW 5.70.040):
1. A related report or complaint is received by the Department alleging a sexual
assault or other crime has occurred and the victim has consented to the
submission.
2. The victim is an unemancipated person 17 years or age or younger.
(b) Facilitate the collection of an unreported sexual assault kit from a collecting entity
when this department has jurisdiction to investigate any related criminal allegations
(RCW 5.70.030).
Additional guidance regarding evidence retention and destruction is found in the Property and
Evidence Policy.
601.6.2 STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM
Members investigating a sexual assault should ensure that biological evidence is tracked
appropriately in the statewide sexual assault kit tracking system (RCW 35.21.195; RCW
36.28.200).
601.6.3 DNA TEST RESULTS
Members investigating sexual assault cases should notify victims of any DNA test results as soon
as reasonably practicable.
A SART member should be consulted regarding the best way to deliver biological testing results
to a victim so as to minimize victim trauma, especially in cases where there has been a significant
delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA
databank hits). Members should make reasonable efforts to assist the victim by providing available
information on local assistance programs and organizations as provided in the Victim Witness
Assistance Policy.
Members investigating sexual assaults cases should ensure that DNA results are entered into
databases when appropriate and as soon as practicable.
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601.7 DISPOSITION OF CASES
If the assigned investigator has reason to believe the case is without merit, the case may
be classified as unfounded only upon review and approval of the General Investigations Unit
supervisor.
Classification of a sexual assault case as unfounded requires the General Investigations Unit
supervisor to determine that the facts have significant irregularities with reported information and
that the incident could not have happened as it was reported. When a victim has recanted his/
her original statement, there must be corroborating evidence that the allegations were false or
baseless (i.e., no crime occurred) before the case should be determined as unfounded.
601.8 CASE REVIEW
The General Investigations Unit supervisor should ensure cases are reviewed on a periodic basis,
at least annually, using an identified group that is independent of the investigation process. The
reviews should include an analysis of:
• Case dispositions.
• Decisions to collect biological evidence.
• Submissions of biological evidence for lab testing.
The SART and/or victim advocates should be considered for involvement in this audit. Summary
reports on these reviews should be forwarded through the chain of command to the Chief of Police.
601.8.1 RETENTION
The General Investigations Unit supervisor should ensure evidence, investigatory reports, and
records related to violent or sex offenses are appropriately marked for retention under RCW
5.70.010.
601.9 RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes
where more than one appear to be related, consideration should be given to releasing information
to the public whenever there is a reasonable likelihood that doing so may result in developing
helpful investigative leads. The General Investigations Unit supervisor should weigh the risk of
alerting the suspect to the investigation with the need to protect the victim and the public, and to
prevent more crimes.
601.10 TRAINING
Subject to available resources, periodic training should be provided to:
(a) Members who are first responders. Training should include:
1. Initial response to sexual assaults.
2. Legal issues.
3. Victim advocacy.
4. Victim's response to trauma.
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(b) Qualified investigators, who should receive advanced training on additional topics.
Advanced training should include:
1. Interviewing sexual assault victims.
2. SART.
3. Medical and legal aspects of sexual assault investigations.
4. Serial crimes investigations.
5. Use of community and other federal and state investigative resources, such as
the Violent Criminal Apprehension Program (ViCAP).
6. Techniques for communicating with victims to minimize trauma.
7. The course provided by the Washington State Criminal Justice Training
Commission on investigating sexual assault and other gender -based violence
cases developed pursuant to RCW 43.101.272. Qualified investigators and the
General Investigations Unit supervisor shall complete this course within a year
of assignment.
8. Proper protocol for the use of the statewide sexual assault kit tracking system
(RCW 35.21.195; RCW 36.28.200).
601.11 CASE STATUS NOTIFICATION
The investigator assigned to the case should keep the victim informed of the status of the
investigation in a timely manner. The victim should be informed of the expected and appropriate
time frames for receiving a response to inquiries made regarding the status of the investigation
(RCW 5.70.005; RCW 70.125.110).
The investigator should provide the victim with contact information for the assigned prosecutor, if
available, to receive updates related to the prosecution of the case (RCW 70.125.110).
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602.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with designated offenses.
602.1.1 DEFINITIONS
Definitions related to this policy include:
Fiscal agent - The person designated by the Chief of Police to be responsible for securing and
maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.
This includes any time the Port Orchard Police Department seizes property for forfeiture or when
the Port Orchard Police Department is acting as the fiscal agent pursuant to a multi -agency
agreement.
Forfeiture - The process by which legal ownership of an asset is transferred to a government
or other authority.
Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible
for reviewing all forfeiture cases and for acting as the liaison between the Department and the
assigned attorney.
Property subject to forfeiture - Generally includes, but is not limited to:
(a) Firearms that were carried, possessed, or sold illegally (RCW 9.41.098).
(b) Devices, profits, proceeds, associated equipment, and conveyances related to illegal
gambling (RCW 9.46.231).
(c) Interest, proceeds, and real or personal property related to organized crime, criminal
profiteering, human trafficking, commercial sexual abuse of a minor, or promoting
prostitution (RCW 9A.82.100).
(d) Proceeds traceable to or derived from money laundering (RCW 9A.83.030).
(e) Property acquired or maintained in relation to commercial sexual abuse of a minor,
promoting commercial sexual abuse of a minor, or promoting prostitution in the first
degree, and conveyances used to facilitate these offenses (RCW 9A.88.150).
(f) Personal property, including money, weapons, and vehicles, that was used to commit
a felony or was acquired through the commission of a felony not covered under another
forfeiture statute (RCW 10.105.010).
(g) Personal property, including money, weapons, and vehicles, that was acquired
through the commission of a crime involving theft, trafficking, or unlawful possession
of commercial metal property, or facilitating such crimes (RCW 19.290.230).
(h) Conveyances, including aircraft, vehicles, or vessels, used for the violation of the
Uniform Controlled Substances Act and proceeds from these violations (e.g., money,
real property) (RCW 69.50.505).
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(i) Boats, vehicles, gear, or other equipment used for poaching/wildlife crimes (RCW
77.15.070).
0) Vehicles used to commit the crime of racing (RCW 46.61.748).
Seizure - The act of law enforcement officials taking property, cash, or assets that have been
used in connection with or acquired by specified illegal activities.
602.2 POLICY
The Port Orchard Police Department recognizes that appropriately applied forfeiture laws are
helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the
potential for revenue should never compromise the effective investigation of criminal offenses,
officer safety or any person's due process rights.
It is the policy of the Port Orchard Police Department that all members, including those assigned to
internal or external law enforcement task force operations, shall comply with all state and federal
laws pertaining to forfeiture.
602.2.1 SPECIAL GUIDELINES APPLICABLE TO CONVEYANCES
Special guidelines apply regarding the forfeiture of conveyances (aircraft, vehicles and vessels)
in order for it to be seized as a conveyance that has been used to facilitate narcotic activity. All
conveyances are subject to seizure and forfeiture, except (RCW 69.50.505(1)(d)):
• When the conveyance is used by any person as a common carrier in the transaction
of business as a common carrier, unless it appears that the owner or other person
in charge of the conveyance is a consenting party or has knowledge of the narcotics
violations.
• When violations have been committed or omitted without the owner's actual
knowledge or consent.
• When the conveyance is used in the receipt of an amount of marijuana for which
possession constitutes a misdemeanor under RCW 69.50.4014.
• When the conveyance is secured by a loan and the lender had no knowledge of, nor
consented to, the act or omission.
• When the owner of a conveyance has been arrested for narcotics violations, the
conveyance in which the person was arrested is not subject to forfeiture unless it is
either seized or a court order has been issued for its seizure within 10 days of the
owner's arrest.
602.3 ASSET SEIZURE
Property may be seized for forfeiture as provided in this policy.
602.3.1 PROPERTY SUBJECT TO SEIZURE
The following may be seized upon review and approval of a supervisor and in coordination with
the forfeiture reviewer:
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(a) Real or personal property subject to forfeiture identified in a court order authorizing
seizure.
(b) Property subject to forfeiture without a court order when the property is lawfully seized
incident to an arrest, the service of a search warrant, or the service of an administrative
inspection warrant.
(c) Property subject to forfeiture can also be seized without a court order when:
1. There is probable cause to believe that the property was used or is intended to
be used for illegal gambling (RCW 9.46.231).
2. There is probable cause to believe that the property was used or is intended to
be used for the commercial sexual abuse of a minor or promoting prostitution in
the first degree (RCW 9A.88.150).
3. There is probable cause to believe that the property was used or is intended
to be used in the commission of any felony (RCW 10.105.010). See also
separate statutes regarding seizures for felonies involving commercial metal,
"bootlegging," criminal profiteering, or money laundering (RCW 19.290.230;
RCW 66.32.020; RCW 9A.82.100; RCW 9A.83.030).
4. There is probable cause to believe that the property was used or is intended to
be used in violation of the Uniform Controlled Substances Act (RCW 69.50.505).
5. There is probable cause to believe that the property was used or is intended to
be used for poaching/wildlife crimes (RCW 77.15.070).
A large amount of money standing alone is insufficient to establish the probable cause required
to make a seizure.
Whenever practicable, a court order for seizure prior to making a seizure is the preferred method.
602.3.2 PROPERTY NOT SUBJECT TO SEIZURE
The following property should not be seized for forfeiture:
(a) Cash and property that does not meet the forfeiture counsel's current minimum
forfeiture thresholds should not be seized.
(b) Property from an "innocent owner," or a person who had no knowledge of the offense
or who did not consent to the property's use.
(c) No vehicle or other conveyance based on a misdemeanor involving the possession
of cannabis (RCW 69.50.505).
(d) Vehicles/conveyances that would be subject to forfeiture if more than 10 days have
elapsed since the owner's arrest and no court order has been issued (RCW 9.46.231;
RCW 9A.88.150; RCW 69.50.505).
602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS
It shall be the responsibility of the Investigation Unit to identify confiscated personal property for
seizure and intended forfeiture to the Port Orchard Police Department for the purposes set forth
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in RCW 69.50.505. Before seizing any currency, vehicle, or personal property pursuant to RCW
69.50.505, an officer should contact a detective. The following guidelines will be observed:
(a) Serve all persons with Notice of Seizure and Intended Forfeiture forms. Notice should
be consistent with RCW 69.50.505(3). See also the Property and Evidence policy.
(b) When someone has made a notification other than a detective, a copy of all reports
and all applicable asset forfeiture paperwork must be forwarded to the Investigation
Unit supervisor for review.
(c) Interview all persons involved concerning their possession of the seized assets,
financial situation, employment, income, and other resources.
(d) Attempt to properly determine all lien holders or all persons who may claim to
have a legal interest in the seized currency, vehicle, or property for further contact,
investigation, and notification.
The Investigation Unit supervisor shall have the responsibility to ensure that the City of Port
Orchard complies with all provisions of RCW 69.50.505 when initiating any seizure and intended
forfeiture of personal property.
602.4.1 SEIZED PROPERTY
Seized property that is subject to forfeiture will be inventoried and entered into the Property
and Evidence system. The property will be checked through the appropriate state and federal
databases to determine if the property has been stolen. The property will be booked as evidence
with a notation made in the comment section of File-on-Q that states, "TO BE DETERMINED -
ASSET FORFEITURE."
602.4.2 SEIZED CURRENCY
Currency seized subject to forfeiture will be counted and placed into Property and Evidence in
accordance with the Evidence Packaging Manual instructions for currency.
When money is forfeited, it shall be transferred to the City's forfeiture fund (TO BE DETERMINED)
account. If it is determined that any amount of seized money is to be returned pursuant to a
lawful order or otherwise, the Investigation Unit supervisor will notify the Deputy Chief in writing
and provide supporting documentation. The Deputy Chief will coordinate with the Police Services
Coordinator to return any money within five (5) business days.
602.4.3 SEIZED VEHICLES
Vehicles seized subject to forfeiture will be taken to a designated secure storage facility. A seized
vehicle should not be impounded. The officer seizing the vehicle shall notify the Investigation Unit
supervisor of the seizure of the vehicle and the circumstances of the seizure as soon as possible.
Personal items not pertinent to a criminal investigation may be released at the scene to the owner
or someone the owner designates.
A tow truck should be used to transport the vehicle to the storage facility.
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Personal property located in a seized vehicle shall be removed and booked into Property as
evidence or for safekeeping.
602.4.4 SEIZED VEHICLE OWNERSHIP / STOLEN STATUS VERIFICATION
Prior to selling a vehicle that has been seized and forfeited to the Port Orchard Police Department
pursuant to RCW 69.50.505, the following items should be checked:
(a) A physical comparison of the vehicle's VIN with the vehicle registration and title
paperwork.
(b) A check of the vehicle's license plate and VIN through WACIC/NCIC.
(c) A check of the vehicle's VIN through Carfax or a similar service that supplies vehicle
history reports.
(d) If a discrepancy is noted in one of the first three items, the vehicle will be taken to a
WSP VIN lane for a complete inspection.
602.4.5 ASSET FORFEITURE LOG
A log of all asset forfeiture cases shall be kept by the Investigation Unit supervisor. The inventory
shall include the following:
• Case number.
• Date of seizure.
• Value of items seized.
• Type of seizure (federal or state).
• Status of seizure.
Information maintained on the log will be provided to the Chief of Police or authorized staff as
requested.
The Investigation Unit supervisor shall maintain all records relating to the intended seizure and
forfeiture of personal property. In accordance with state retention schedules, the records for each
intended seizure and forfeiture shall be maintained for a period of no less than seven (7) years
after forfeiture.
602.5 MAINTAINING SEIZED PROPERTY
The Police Services Coordinator is responsible for ensuring compliance with the following:
(a) All property received forforfeiture is reasonably secured and properly stored to prevent
waste and preserve its condition.
(b) All property received for forfeiture is checked to determine if the property has been
stolen.
(c) All property received for forfeiture is retained in the same manner as evidence until
forfeiture is finalized or the property is returned to the claimant or the person with an
ownership interest.
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(d) Property received for forfeiture is not used unless the forfeiture action has been
completed.
602.6 FORFEITURE REVIEWER
The Chief of Police will appoint a forfeiture reviewer. Prior to assuming duties, or as soon as
practicable thereafter, the forfeiture reviewer should attend a course approved by the Department
on asset forfeiture.
The responsibilities of the forfeiture reviewer include:
(a) Remaining familiar with forfeiture laws, particularly those cited in this policy and the
forfeiture policies of the forfeiture counsel.
(b) Serving as the liaison between the Department and the forfeiture counsel and ensuring
prompt legal review of all seizures.
(c) Making reasonable efforts to obtain annual training that includes best practices in
pursuing, seizing, and tracking forfeitures.
(d) Deciding whether the forfeiture is more appropriately made under state or federal
forfeiture laws. The forfeiture reviewer should contact federal authorities when
appropriate.
(e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly
established whenever multiple agencies are cooperating in a forfeiture case.
(f) Ensuring that seizure forms are available and appropriate for department use. These
should include notice forms, a receipt form, and a checklist that provides relevant
guidance to officers. The forms should be available in languages appropriate for the
region and should contain spaces for:
1. Names and contact information for all relevant persons and law enforcement
officers involved.
2. Information as to how ownership or other property interests may have been
determined (e.g., verbal claims of ownership, titles, public records).
3. A space for the signature of the person from whom cash or property is being
seized.
4. A tear -off portion or copy, which should be given to the person from whom
cash or property is being seized, that includes the legal authority for the
seizure, information regarding the process to contest the seizure, and a detailed
description of the items seized.
(g) Ensuring that officers who may be involved in asset forfeiture receive training in the
proper use of the seizure forms and the forfeiture process. The training should be
developed in consultation with the appropriate legal counsel and may be accomplished
through traditional classroom education, electronic media, Daily Training Bulletins
(DTBs), or Interim Directives. The training should cover this policy and address any
relevant statutory changes and court decisions.
(h) Reviewing each asset forfeiture case to ensure that:
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1. Written documentation of the seizure and the items seized is in the case file.
2. Independent legal review of the circumstances and propriety of the seizure is
made in a timely manner.
3. Notice of intent to seek forfeiture has been given in a timely manner to those
who hold an interest in the seized property.
4. Property is promptly released to those entitled to its return.
5. All changes to forfeiture status are forwarded to any supervisor who initiates a
forfeiture case.
6. Any cash received is deposited with the fiscal agent.
7. Assistance with the resolution of ownership claims and the release of property
to those entitled is provided.
8. Current minimum forfeiture thresholds are communicated appropriately to
officers.
9. This policy and any related policies are periodically reviewed and updated to
reflect current federal and state statutes and case law.
(i) Ensuring that a written plan is available that enables the Chief of Police to address any
extended absence of the forfeiture reviewer, thereby ensuring that contact information
for other law enforcement officers and attorneys who may assist in these matters is
available.
(j) Ensuring that the process of selling or adding forfeited property to the department's
regular inventory is in accordance with all applicable laws and consistent with the
department's use and disposition of similar property.
(k) Upon completion of any forfeiture process, ensuring that no property is retained by the
Port Orchard Police Department unless the Chief of Police authorizes in writing the
retention of the property for official use.
(1) Addressing any landlord claims for reimbursement through forfeited assets or damage
to property (RCW 9.46.231; RCW 69.50.505).
(m) Compensating victims of commercial metal crimes within 120 days (RCW 19.290.230).
Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate
accounting control, with regular reviews or audits of all deposits and expenditures.
Forfeiture reporting and expenditures should be completed in the manner prescribed by the law
and City financial directives.
602.7 DISPOSITION OF PROPERTY
No member of this department may use property that has been seized for forfeiture until the
forfeiture action has been completed and the Chief of Police has given written authorization
to retain the property for official use. No department member involved in the decision to seize
property should be involved in any decision regarding the disposition of the property.
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Informants
603.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of informants.
603.1.1 DEFINITIONS
Definitions related to this policy include:
Informant - A person who covertly interacts with other individuals or suspects at the direction
of, request of, or by agreement with the Port Orchard Police Department for law enforcement
purposes. This also includes a person agreeing to supply information to the Port Orchard Police
Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money).
603.2 POLICY
The Port Orchard Police Department recognizes the value of informants to law enforcement efforts
and will strive to protect the integrity of the informant process. It is the policy of this department that
all funds related to informant payments will be routinely audited and that payments to informants
will be made according to the criteria outlined in this policy.
603.3 USE OF INFORMANTS
603.3.1 INITIAL APPROVAL
Before using an individual as an informant, an officer must receive approval from his/her
supervisor. The officer shall compile sufficient information through a background investigation and
experience with the informant in order to determine the suitability of the individual, including age,
maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility.
Members of this department should not guarantee absolute safety or confidentiality to an
informant.
603.3.2 JUVENILE INFORMANTS
The use of informants under the age of 13 is prohibited.
In all cases, a juvenile 13 years of age or older may only be used as an informant with the written
consent of each of the following:
(a) The juvenile's parents or legal guardians
(b) The juvenile's attorney, if any
(c) The court in which the juvenile's case is being handled, if applicable
(d) The Chief of Police or the authorized designee
603.3.3 INFORMANT AGREEMENTS
All informants are required to sign and abide by the provisions of the designated department
informant agreement. The officer using the informant shall discuss each of the provisions of the
agreement with the informant.
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Details of the agreement are to be approved in writing by a supervisor before being finalized with
the informant.
603.4 INFORMANT INTEGRITY
To maintain the integrity of the informant process, the following must be adhered to:
(a) The identity of an informant acting in a confidential capacity shall not be withheld
from the Chief of Police, Deputy Chief, General Investigations Unit supervisor or their
authorized designees.
1. Identities of informants acting in a confidential capacity shall otherwise be kept
confidential.
(b) Criminal activity by informants shall not be condoned.
(c) Informants shall be told they are not acting as police officers, employees or agents
of the Port Orchard Police Department, and that they shall not represent themselves
as such.
(d) The relationship between department members and informants shall always be ethical
and professional.
1. Members shall not become intimately involved with an informant.
2. Social contact shall be avoided unless it is necessary to conduct an official
investigation, and only with prior approval of the General Investigations Unit
supervisor.
3. Members shall neither solicit nor accept gratuities or engage in any private
business transaction with an informant.
(e) Officers shall not meet with informants in a private place unless accompanied by at
least one additional officer or with prior approval of the General Investigations Unit
supervisor.
1. Officers may meet informants alone in an occupied public place, such as a
restaurant.
(f) When contacting informants for the purpose of making payments, officers shall
arrange for the presence of another officer.
(g) In all instances when department funds are paid to informants, a voucher shall be
completed in advance, itemizing the expenses.
(h) Since the decision rests with the appropriate prosecutor, officers shall not promise that
the informant will receive any form of leniency or immunity from criminal prosecution.
603.4.1 UNSUITABLE INFORMANTS
The suitability of any informant should be considered before engaging him/her in any way in a
covert or other investigative process. Members who become aware that an informant may be
unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a
determination has been made by a supervisor, the informant should not be used by any member.
The supervisor shall determine whether the informant should be used by the Department and,
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if so, what conditions will be placed on his/her participation or any information the informant
provides. The supervisor shall document the decision and conditions in file notes and mark the
file "unsuitable" when appropriate.
Considerations for determining whether an informant is unsuitable include, but are not limited to,
the following:
(a) The informant has provided untruthful or unreliable information in the past.
(b) The informant behaves in a way that may endanger the safety of an officer.
(c) The informant reveals to suspects the identity of an officer or the existence of an
investigation.
(d) The informant appears to be using his/her affiliation with this department to further
criminal objectives.
(e) The informant creates officer -safety issues by providing information to multiple law
enforcement agencies simultaneously, without prior notification and approval of each
agency.
(f) The informant engages in any other behavior that could jeopardize the safety of
officers or the integrity of a criminal investigation.
(g) The informant commits criminal acts subsequent to entering into an informant
agreement.
603.5 INFORMANT FILES
Informant files shall be utilized as a source of background information about the informant, to
enable review and evaluation of information provided by the informant, and to minimize incidents
that could be used to question the integrity of department members or the reliability of the
informant.
Informant files shall be maintained in a secure area within the General Investigations Unit.
The General Investigations Unit supervisor or the authorized designee shall be responsible for
maintaining informant files. Access to the informant files shall be restricted to the Chief of Police,
Deputy Chief, General Investigations Unit supervisor or their authorized designees.
The Deputy Chief should arrange for an audit using a representative sample of randomly selected
informant files on a periodic basis, but no less than one time per year. If the General Investigations
Unit supervisor is replaced, the files will be audited before the new supervisor takes over
management of the files. The purpose of the audit is to ensure compliance with file content and
updating provisions of this policy. The audit should be conducted by a supervisor who does not
have normal access to the informant files.
603.5.1 FILE SYSTEM PROCEDURE
A separate file shall be maintained on each informant and shall be coded with an assigned
informant control number. An informant history that includes the following information shall be
prepared for each file:
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(a) Name and aliases
(b) Date of birth
(c) Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or
other distinguishing features
(d) Photograph
(e) Current home address and telephone numbers
(f) Current employers, positions, addresses and telephone numbers
(g) Vehicles owned and registration information
(h) Places frequented
(i) Briefs of information provided by the informant and his/her subsequent reliability
1. If an informant is determined to be unsuitable, the informant's file is to be
marked "unsuitable" and notations included detailing the issues that caused this
classification.
Q) Name of the officer initiating use of the informant
(k) Signed informant agreement
(1) Update on active or inactive status of informant
603.6 INFORMANT PAYMENTS
No informant will be told in advance or given an exact amount or percentage for his/her service.
The amount of funds to be paid to any informant will be evaluated against the following criteria:
• The extent of the informant's personal involvement in the case
• The significance, value or effect on crime
• The value of assets seized
• The quantity of the drugs or other contraband seized
• The informant's previous criminal activity
• The level of risk taken by the informant
The General Investigations Unit supervisor will discuss the above factors with the Deputy Chief
and recommend the type and level of payment subject to approval by the Chief of Police.
603.6.1 PAYMENT PROCESS
Approved payments to an informant should be in cash using the following process:
(a) Payments of $500 and under may be paid in cash from a General Investigations Unit
buy/expense fund.
1. The General Investigations Unit supervisor shall sign the voucher for cash
payouts from the buy/expense fund.
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(b) Payments exceeding $500 shall be made by issuance of a check, payable to the officer
who will be delivering the payment.
1. The check shall list the case numbers related to and supporting the payment.
2. A written statement of the informant's involvement in the case shall be placed
in the informant's file.
3. The statement shall be signed by the informant verifying the statement as a true
summary of his/her actions in the case.
4. Authorization signatures from the Chief of Police and the Mayor are required for
disbursement of the funds.
(c) To complete the payment process for any amount, the officer delivering the payment
shall complete a cash transfer form.
1. The cash transfer form shall include the following:
(a) Date
(b) Payment amount
(c) Port Orchard Police Department case number
(d) A statement that the informant is receiving funds in payment for information
voluntarily rendered.
2. The cash transfer form shall be signed by the informant.
3. The cash transfer form will be kept in the informant's file.
603.6.2 REPORTING OF PAYMENTS
Each informant receiving a cash payment shall be advised of his/her responsibility to report the
cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any
reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such
documentation or reporting may reveal the identity of the informant and by doing so jeopardize
any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS
Form 1099 should not be issued.
In such cases, the informant shall be provided a letter identifying the amount he/she must report
on a tax return as "other income" and shall be required to provide a signed acknowledgement
of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be
retained in the informant's file.
603.6.3 AUDIT OF PAYMENTS
The General Investigations Unit supervisor or the authorized designee shall be responsible for
compliance with any audit requirements associated with grant provisions and applicable state and
federal law.
At least once every six months, the Chief of Police or the authorized designee should conduct an
audit of all informant funds for the purpose of accountability and security of the funds. The funds
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and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts
and logs) will assist with the audit process.
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Policy Manual
Eyewitness Identification
604.1 PURPOSE AND SCOPE
This policy sets forth guidelines to be used when members of this department employ eyewitness
identification techniques.
604.1.1 DEFINITIONS
Definitions related to the policy include:
Eyewitness identification process - Any field identification, live lineup or photographic
identification.
Field identification - A live presentation of a single individual to a witness following the
commission of a criminal offense for the purpose of identifying or eliminating the person as the
suspect.
Live lineup - A live presentation of individuals to a witness for the purpose of identifying or
eliminating an individual as the suspect.
Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or
eliminating an individual as the suspect.
604.2 POLICY
The Port Orchard Police Department will strive to use eyewitness identification techniques,
when appropriate, to enhance the investigative process and will emphasize identifying persons
responsible for crime and exonerating the innocent.
604.3 INTERPRETIVE SERVICES
Members should make a reasonable effort to arrange for an interpreter before proceeding with
eyewitness identification if communication with a witness is impeded due to language or hearing
barriers.
Before the interpreter is permitted to discuss any matter with the witness, the investigating member
should explain the identification process to the interpreter. Once it is determined that the interpreter
comprehends the process and can explain it to the witness, the eyewitness identification may
proceed as provided for within this policy.
604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM
The General Investigations Unit supervisor shall be responsible for the development and
maintenance of an eyewitness identification process for use by members when they are
conducting eyewitness identifications.
The process should include appropriate forms or reports that provide:
(a) The date, time and location of the eyewitness identification procedure.
(b) The name and identifying information of the witness.
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(c) The name of the person administering the identification procedure.
(d) If applicable, the names of all of the individuals present during the identification
procedure.
(e) An instruction to the witness that it is as important to exclude innocent persons as it
is to identify a perpetrator.
(f) An instruction to the witness that the perpetrator may or may not be among those
presented and that the witness is not obligated to make an identification.
(g) If the identification process is a photographic or live lineup, an instruction to the witness
that the perpetrator may not appear exactly as he/she did on the date of the incident.
(h) An instruction to the witness that the investigation will continue regardless of whether
an identification is made by the witness.
(i) A signature line where the witness acknowledges that he/she understands the
identification procedures and instructions.
Q) A statement from the witness in the witness's own words describing how certain he/
she is of the identification or non -identification. This statement should be taken at the
time of the identification procedure.
604.5 EYEWITNESS IDENTIFICATION
Members are cautioned not to, in any way influence a witness as to whether any subject or photo
presented in a lineup is in any way connected to the case. Members should avoid mentioning that:
• The individual was apprehended near the crime scene.
• The evidence points to the individual as the suspect.
• Other witnesses have identified or failed to identify the individual as the suspect.
In order to avoid undue influence, witnesses should view suspects or a lineup individually and
outside the presence of other witnesses. Witnesses should be instructed to avoid discussing
details of the incident or of the identification process with other witnesses.
Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded
and the recording should be retained according to current evidence procedures.
604.6 DOCUMENTATION
A thorough description of the eyewitness process and the results of any eyewitness identification
should be documented in the case report. Witness comments of how certain he/she is of the
identification or non -identification should be quoted in the report.
If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness
should be included in the case report. In addition, the order in which the photographs were
presented to the witness should be documented in the case report.
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604.7 PHOTOGRAPHIC AND LIVE LINEUP CONSIDERATIONS
When practicable, the member presenting the lineup should not be involved in the investigation
of the case or know the identity of the suspect.
In no case should the member presenting a lineup to a witness know which photograph or person in
the lineup is being viewed by the witness. Techniques to achieve this include randomly numbering
photographs, shuffling folders or using a computer program to order the persons in the lineup.
Individuals in the lineup should reasonably match the description of the perpetrator provided by
the witness and should bear similar characteristics to avoid causing any person to unreasonably
stand out. In cases involving multiple suspects, a separate lineup should be conducted for each
suspect. The suspects should be placed in a different order within each lineup.
The member presenting the lineup to a witness should do so sequentially (i.e., show the witness
one person at a time) and not simultaneously. The witness should view all persons in the lineup.
A live lineup should only be used before criminal proceedings have been initiated against the
suspect. If there is any question as to whether any criminal proceedings have begun, the
investigating member should contact the appropriate prosecuting attorney before proceeding.
604.8 FIELD IDENTIFICATION CONSIDERATIONS
Field identifications, also known as field elimination show -ups or one-on-one identifications, may
be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo
or live lineup identifications. A field elimination show -up or one-on-one identification should not be
used when independent probable cause exists to arrest a suspect. In such cases a live or photo
lineup is the preferred course of action if eyewitness identification is contemplated.
When initiating a field identification, the member should observe the following guidelines:
(a) Obtain a complete description of the suspect from the witness.
(b) Assess whether a witness should be included in a field identification process by
considering:
1. The length of time the witness observed the suspect.
2. The distance between the witness and the suspect.
3. Whether the witness could view the suspect's face.
4. The quality of the lighting when the suspect was observed by the witness.
5. Whether there were distracting noises or activity during the observation.
6. Any other circumstances affecting the witness's opportunity to observe the
suspect.
7. The length of time that has elapsed since the witness observed the suspect.
(c) If safe and practicable, the person who is the subject of the show -up should not be
handcuffed or in a patrol vehicle.
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(d) When feasible, members should bring the witness to the location of the subject of the
show -up, rather than bring the subject of the show -up to the witness.
(e) The person who is the subject of the show -up should not be shown to the same witness
more than once.
(f) In cases involving multiple suspects, witnesses should only be permitted to view the
subjects of the show -up one at a time.
(g) The person who is the subject of the show -up should not be required to put on clothing
worn by the suspect, to speak words uttered by the suspect or to perform other actions
mimicking those of the suspect.
(h) If a witness positively identifies a subject of the show -up as the suspect, members
should not conduct any further field identifications with other witnesses for that
suspect. In such instances members should document the contact information for any
additional witnesses for follow up, if necessary.
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Policy Manual
Unmanned Aircraft System (UAS) Operations
605.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aircraft system
(UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS.
605.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned Aircraft System (UAS) - An unmanned aircraft of any type that is capable of
sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to
as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for
gathering information through imaging, recording or any other means.
605.2 POLICY
Unmanned aircraft systems may be utilized to enhance the department's mission of protecting
lives and property when other means and resources are not available or are less effective. Any
use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation
Administration (FAA) regulations.
605.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take
reasonable precautions to avoid inadvertently recording or transmitting images of areas where
there is a reasonable expectation of privacy. Reasonable precautions can include, for example,
deactivating or turning imaging devices away from such areas or persons during UAS operations.
605.4 TRANSPARENCY
Rigorous adherence to the requirements set forth in this policy is not enough. To be successful in
our law enforcement and national security missions, we must continue to facilitate relationships
of trust with the communities we serve. Enhancing our transparency about agency operations,
including how we operate UAS, creates an informed citizenry and greater confidence in the
Department's decision -making. Education of the public can enhance the Department's ability to
fulfill its missions and serve the American people. As appropriate, while not revealing information
that might compromise law enforcement or national security needs, the Department will update
its website to reflect its current policy on UAS on an ongoing basis, and will provide a general
summary of UAS operations conducted by the Department during the previous year, including a
brief description of types or categories of missions flown and the number of times the Department
provided assistance to other federal, state, local, and tribal agencies or entities.
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605.5 AUTHORIZED USE
The authorized missions for the Port Orchard Police Department's UAS are:
(a) Video/photographs for investigative support
(b) HAZMAT response
(c) Search and Rescue
(d) Barricaded persons
(e) Traffic collisions
(f) Disaster response (i.e. flood, earthquakes, etc.)
(g) Aerial support for Fire incidents
(h) Marine assistance
(i) Training events
All other requested uses will be approved by the on -duty supervisor prior to accepting the mission.
605.5.1 COMMUNITY OUTREACH DEMONSTRATIONS
In an effort to encourage public trust and effectively engage our community, the use of a UAS
as part of a community meeting or special event is authorized. The UAS demonstration should
be limited to showcasing the department's investigative capabilities and educating the public on
the UAS program. Use of a UAS in this capacity must be authorized by someone of the rank of
Deputy Chief or higher.
605.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics such as
race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, or disability.
• To harass, intimidate, or discriminate against any individual or group.
• To conduct personal business of any type.
The UAS shall not be weaponized.
605.7 AUTHORIZED OPERATORS
Only personnel who have successfully completed the required training shall be permitted to
operate the UAS. These officers will be designated as Remote Pilots in Command (RPIC).
605.8 FLIGHT LOGS
Each authorized UAS RPIC will maintain a flight log. RPICs will log the date, flight time, and
locations of all UAS deployments. They will also note case number, incident type, and whether
photo images or video were captured during the flight.
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(a) Flight log data will be entered by the RPIC upon completion of all missions, whether
operational or training.
(b) Flight log data will be stored digitally in a manner determined by command staff that
allows supervisors immediate access.
(c) Flight log data will be maintained and retained in accordance with the Records Release
and Security policy.
(d) Any practical demonstration of proficiency will include a review of the RPIC's flight log.
605.9 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management
of the UAS program. The program coordinator will ensure that policies and procedures conform to
current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process
and ensuring that the COA is current, and/or coordinating compliance with FAA Part
107 Remote Pilot Certificate, as appropriate for department operations.
• Ensuring that all authorized operators and required observers have completed all
required FAA and department -approved training in the operation, applicable laws,
policies, and procedures regarding use of the UAS.
• Developing uniform protocols for submission and evaluation of requests to deploy
a UAS, including urgent requests made during ongoing or emerging incidents.
Deployment of a UAS shall require written authorization of the Chief of Police or the
authorized designee, depending on the type of mission.
• Coordinating the completion of the FAA Emergency Operation Request Form in
emergency situations, as applicable (e.g., natural disasters, search and rescue,
emergency situations to safeguard human life).
• Developing protocols for conducting criminal investigations involving a UAS, including
documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment.
• Developing operational protocols governing the deployment and operation of a UAS
including but not limited to safety oversight, use of visual observers, establishment of
lost link procedures, and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions.
• Developing a UAS inspection, maintenance, and record -keeping protocol to ensure
continuing airworthiness of a UAS, up to and including its overhaul or life limits.
• Developing protocols to ensure that all data intended to be used as evidence are
accessed, maintained, stored, and retrieved in a manner that ensures its integrity as
evidence, including strict adherence to chain of custody requirements. Electronic trails,
including encryption, authenticity certificates, and date and time stamping, shall be
used as appropriate to preserve individual rights and to ensure the authenticity and
maintenance of a secure evidentiary chain of custody.
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• Developing protocols that ensure retention and purge periods are maintained in
accordance with established records retention schedules.
• Facilitating law enforcement access to images and data captured by the UAS.
• Recommending program enhancements, particularly regarding safety and information
security.
• Ensuring that established protocols are followed by monitoring and providing periodic
reports on the program to the Chief of Police.
• Maintaining familiarity with FAA regulatory standards, state laws and regulations, and
local ordinances regarding the operations of a UAS.
605.10 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention
schedule.
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Policy Manual
Brady Material Disclosure
606.1 PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or
impeachment information (so-called "Brady information") to a prosecuting attorney.
606.1.1 DEFINITIONS
Definitions related to this policy include:
Brady information - Information known or possessed by the Port Orchard Police Department that
is both favorable and material to the current prosecution or defense of a criminal defendant.
606.2 POLICY
The Port Orchard Police Department will conduct fair and impartial criminal investigations and will
provide the prosecution with both incriminating and exculpatory evidence, as well as information
that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt,
the Port Orchard Police Department will assist the prosecution by complying with its obligation to
disclose information that is both favorable and material to the defense. The Department will identify
and disclose to the prosecution potentially exculpatory information, as provided in this policy.
606.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Officers must include in their investigative reports adequate investigative information and
reference to all material evidence and facts that are reasonably believed to be either incriminating
or exculpatory to any individual in the case. If an officer learns of potentially incriminating or
exculpatory information any time after submission of a case, the officer or the handling investigator
must prepare and submit a supplemental report documenting such information as soon as
practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's
office.
If information is believed to be privileged or confidential (e.g., informant or attorney -client
information, attorney work product), the officer should discuss the matter with a supervisor and/or
prosecutor to determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect
the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material
often requires legal or even judicial review. If an officer is unsure whether evidence or facts are
material, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the
issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in
the Department case file.
606.4 DISCLOSURE OF REQUESTED INFORMATION
If a member of this department is a material witness in a criminal case, a person or persons
designated by the Chief of Police shall examine the personnel file and/or internal affairs file of the
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officer to determine whether they contain Brady information. If Brady information is located, the
following procedure shall apply:
(a) In the event that a motion has not already been filed by the criminal defendant or
other party, the prosecuting attorney and department member shall be notified of the
potential presence of Brady material in the member's personnel file.
(b) The prosecuting attorney or department counsel should be requested to file a motion
in order to initiate an in -camera review by the court.
1. If no motion is filed, the supervisor should work with counsel to determine
whether the records should be disclosed to the prosecutor.
(c) The Custodian of Records shall accompany all relevant personnel files during any in -
camera inspection to address any issues or questions raised by the court.
(d) If the court determines that there is relevant Brady material contained in the files, only
that material ordered released will be copied and released to the parties filing the
motion.
1. Prior to the release of any materials pursuant to this process, the Custodian
of Records should request a protective order from the court limiting the use of
such materials to the involved case and requiring the return of all copies upon
completion of the case.
(e) If a court has determined that relevant Brady information is contained in the member's
file in any case, the prosecutor should be notified of that fact in all future cases involving
that member.
The person or persons designated by the Chief of Police should periodically examine the
personnel files and/or internal affairs files of all officers who may be material witnesses in criminal
cases to determine whether they contain Brady information. The obligation to provide Brady
information is ongoing. If any new Brady information is identified, the prosecuting attorney should
be notified.
606.5 INVESTIGATING BRADY ISSUES
If the Department receives information from any source that a member may have issues of
credibility, dishonesty, or has been engaged in an act of moral turpitude or criminal conduct, the
information shall be investigated and processed in accordance with the Personnel Complaints
Policy (RCW 10.93.150).
606.6 TRAINING
Department personnel should receive periodic training on the requirements of this policy.
606.7 BRADY PROCESS
The Chief of Police shall select a member of the Department to coordinate requests for Brady
information. This person shall be directly responsible to the Administrative Services Deputy Chief
or the authorized designee.
The responsibilities of the coordinator include but are not limited to:
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(a) Working with the appropriate prosecutors' offices and the City Attorney's office to
establish systems and processes to determine what constitutes Brady information and
the method for notification and disclosure (RCW 10.93.180).
(b) Reporting to the appropriate prosecutor of any jurisdiction where an officer may testify
(RCW 10.93.180):
1. Any act by An officer that may be potentially exculpatory to a criminal defendant
and/or misconduct that an officer engaged in that affects their credibility within
10 days of discovery of the act.
2. Information about a newly hired officer with a prior potential impeachment
disclosure within 10 days of hiring.
(c) Maintaining a current list of members who have Brady information in their files or
backgrounds.
1. Updating this list whenever potential Brady information concerning any
department member becomes known to the Department or is placed into a
personnel or internal affairs file.
606.8 SUBPOENA PROCESSING
The individual processing subpoenas (or the supervisor of the subpoenaed member) shall check
the subpoenaed member's name against the current list of those who are known to have Brady
information in their files or background, and shall alert the coordinator if a person on the list is
subpoenaed.
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Policy Manual
Warrant Service
607.1 PURPOSE AND SCOPE
This policy establishes guidelines for the planning and serving of arrest and search warrants by
members of this department. It is understood that this policy cannot address every variable or
circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve
rapidly evolving and unique circumstances.
This policy is intended to be used in conjunction with the Operations Planning, Case Activation,
and Deconfliction Procedure policy, which has additional guidance on planning and serving high -
risk warrants.
This policy is not intended to address the service of search warrants on locations or property
already secured or routine field warrant arrests by patrol officers.
607.2 POLICY
It is the policy of the Port Orchard Police Department to balance the safety needs of the public, the
safety of department members, privacy interests and other relevant factors when making decisions
related to the service of search and arrest warrants.
607.3 OPERATIONS DIRECTOR
The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk
assessment forms with the involved supervisor to determine the risk level of the warrant service.
The operations director will also have the responsibility to coordinate service of those warrants
that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing
and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy.
607.4 SEARCH WARRANTS
Officers should receive authorization from a supervisor before preparing a search warrant
application. Once authorization is received, the officer will prepare the affidavit and search warrant,
consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk
assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor
and the Deputy Chief for review and classification of risk (see the Operations Planning and
Deconfliction Policy).
607.5 ARREST WARRANTS
If an officer reasonably believes that serving an arrest warrant may pose a higher risk than
commonly faced on a daily basis, the officer should complete the risk assessment form and submit
it to the appropriate supervisor and the Deputy Chief for review and classification of risk (see the
Operations Planning and Deconfliction Policy).
If the warrant is classified as high risk, service will be coordinated by the Deputy Chief. If the
warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence
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to make an arrest against other alternatives, such as arresting the person outside the residence
where circumstances may pose a lower risk.
607.6 WARRANT PREPARATION
An officer who prepares a warrant should ensure the documentation in support of the warrant
contains as applicable:
(a) Probable cause to support the search or arrest, including relevant dates and times to
demonstrate timeliness and facts to support any request for nighttime execution.
1. An officer shall not seek a no-knock warrant (RCW 10.31.040).
(b) A clear explanation of the affiant's training, experience, and relevant education.
(c) Adequately supported opinions, when relevant, that are not left to unsubstantiated
conclusions.
(d) A nexus between the place to be searched and the persons or items central to
the investigation. The facts supporting this nexus should be clear and current. For
example, the affidavit shall explain why there is probable cause to believe that a
particular person is currently residing at a particular location or that the items sought
are present at a particular location.
(e) Full disclosure of known or suspected residents at the involved location and any
indication of separate living spaces at the involved location. For example, it should be
disclosed that several people may be renting bedrooms at a single location, even if
the exact location of the rooms is not known.
(f) A specific description of the location to be searched, including photographs of the
location, if reasonably available.
(g) A sufficient description of the items to be seized.
(h) Full disclosure of any known exculpatory information relevant to the warrant
application (refer to the Brady Material Disclosure Policy).
607.7 HIGH -RISK WARRANT SERVICE
The operations director or the authorized designee shall coordinate the service of warrants that
are categorized as high risk and shall have sole authority in determining the manner in which the
warrant will be served, including the number of officers deployed.
The member responsible for directing the service should ensure the following as applicable:
(a) When practicable and when doing so does not cause unreasonable risk, video or
photographic documentation is made of the condition of the location prior to execution
of a search warrant. The images should include the surrounding area and persons
present.
(b) The warrant service is video -recorded when practicable and reasonable to do so. The
warrant service may be audio -recorded when announcing to everyone present that
the conversation is going to be recorded and said announcement is recorded except
if allowed by the warrant (RCW 9.73.030).
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(c) Evidence is handled and collected only by those members who are designated to do
so. All other members involved in the service of the warrant should alert one of the
designated members to the presence of potential evidence and not touch or disturb
the items.
(d) Reasonable efforts are made during the search to maintain or restore the condition
of the location.
(e) Persons who are detained as part of the warrant service are handled appropriately
under the circumstances.
(f) Reasonable care provisions are made for children and dependent adults (see the Child
and Dependent Adult Safety Policy).
(g) A list is made of all items seized and a copy provided to the person in charge of the
premises if present or otherwise left in a conspicuous place.
(h) A copy of the search warrant is left at the location.
(i) The condition of the property is documented with video recording or photographs after
the search.
607.8 DETENTIONS DURING WARRANT SERVICE
Officers must be sensitive to the safety risks of all persons involved with the service of a warrant.
Depending on circumstances and facts present, it may be appropriate to control movements of
any or all persons present at a warrant service, including those who may not be the subject of a
warrant or suspected in the case. However, officers must be mindful that only reasonable force
may be used and weapons should be displayed no longer than the officer reasonably believes is
necessary (see the Use of Force Policy).
As soon as it can be determined that an individual is not subject to the scope of a warrant and that
no further reasonable suspicion or safety concerns exist to justify further detention, the person
should be promptly released.
Officers should, when and to the extent reasonable, accommodate the privacy and personal needs
of people who have been detained.
607.9 ACTIONS AFTER WARRANT SERVICE
The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any
associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible,
but in any event no later than any date specified on the warrant.
607.10 OUTSIDE AGENCIES AND CROSS -JURISDICTIONAL WARRANTS
The operations director will ensure that cooperative efforts with other agencies in the service of
warrants conform to existing mutual aid agreements or other memorandums of understanding and
will work cooperatively to mitigate risks including, but not limited to, the following:
• Identity of team members
• Roles and responsibilities
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• Familiarity with equipment
• Rules of engagement
• Asset forfeiture procedures
Any outside agency requesting assistance in the service of a warrant within this jurisdiction should
be referred to the operations director. The director should review and confirm the warrant, including
the warrant location, and should discuss the service with the appropriate supervisor from the
other agency. The director should ensure that members of the Port Orchard Police Department
are utilized appropriately. Any concerns regarding the requested use of Port Orchard Police
Department members should be brought to the attention of the Chief of Police or the authorized
designee. The actual service of the warrant will remain the responsibility of the agency requesting
assistance.
If the operations director is unavailable, the Shift Supervisor should assume this role.
If officers intend to serve a warrant outside Port Orchard Police Department jurisdiction, the
operations director should provide reasonable advance notice to the applicable agency, request
assistance as needed and work cooperatively on operational planning and the mitigation of risks
detailed in this policy.
Officers will remain subject to the policies of the Port Orchard Police Department when assisting
outside agencies or serving a warrant outside Port Orchard Police Department jurisdiction.
607.11 MEDIA ACCESS
No advance information regarding warrant service operations shall be released without the
approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled
in accordance with the Media Relations Policy.
607.12 TRAINING
The Deputy Chief should ensure officers receive periodic training on this policy and associated
topics, such as legal issues, warrant preparation, warrant service and reporting requirements.
607.13 NO-KNOCK ENTRIES
No-knock entries are only authorized if exigent circumstances arise at the scene such that
knocking and announcing the officer's presence would create an imminent threat of physical
violence to the officer or another person.
607.14 DOCUMENTATION
Documentation related to the service of a warrant shall be maintained in accordance with the
established records retention schedule.
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Operations Planning, Case Activation, and
Deconfliction Procedure
608.1 PURPOSE AND SCOPE
The Port Orchard Police Department recognizes the importance of deconfliction and the sharing
of information with other law enforcement agencies. Deconfliction and proper case activation
procedures will enhance officer safety and efficiency of criminal investigations. As such, the
following procedures will be adhered to when executing a planned operation or conducting a
felony -level criminal investigation. In most instances, this procedure will not apply to general patrol
level investigations.
Additional guidance on planning and serving high -risk warrants is provided in the Warrant Service
policy.
608.1.1 DEFINITIONS
Definitions related to this policy include:
Deconfliction - A process that law enforcement officers rely upon to enhance their safety. By
notifying a central location of a planned event prior to its execution, officers will not accidentally
target another law enforcement officer or compromise another investigation.
Planned Operation - For the purposes of deconfliction, an operation or event is defined as
any pre -planned tactical or investigative operations that officers should reasonably believe could
subject officers, informants, property, and/or the general public to greater than normal peril -
meaning there is a potential for injury to officers or others, and/or damage or loss of property due
to misfortune or the intentional criminal conduct of others. Events include, but are not limited to,
the following:
The service of search warrants;
2. The service of arrest warrants;
3. The planned arrest of a person immediately after they have delivered or received, or
attempted to deliver or receive, contraband to or from an officer or an informant (i.e.
buy -busts or stings);
4. Taking delivery of contraband from a suspect who is not arrested, but allowed to leave
pending further investigation (i.e. buy -walk);
5. Informant or officer face-to-face meetings with suspects for the purpose of receiving,
delivering, or negotiating the receipt of delivery of contraband;
6. Approaching a person at their place of domicile and requesting permission to search
for contraband (i.e. knock and talk);
7. Elaborate or protracted surveillances, whether stationary or mobile, particularly those
occurring in the jurisdiction of a non -participating law enforcement agency or outside
of the normal jurisdiction of the Port Orchard Police Department;
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8. Covert activity by officers, or by informants acting under the direction of officers, that
could initiate a response from citizens or local law enforcement who may reasonably
believe that a crime is in progress.
Operations Plans - The formal document containing all information pertinent to the operation
(objectives, suspects, participating officers and their responsibilities, contingency plans,
deconfliction efforts, etc. An Operation Plan is required for any event described above. Additional
guidance is provided in the Warrant Service policy.
Western States Information Network (WSIN) - One of the Regional Information Sharing System
(RISS) projects created by Congress in the 1970's to connect law enforcement operations
(RISSlntel) and deconflict operations (RISSafe) nationally. WSIN provides a centralized
information system located in Sacramento, California, where law enforcement agencies and
HIDTA projects report information regarding the identification of criminal suspects and conduct
deconfliction for planned operations. WSIN operates a 24-hour, 365 day a yearwatch centerwhere
all deconfliction services can be accessed. The watch center phone number is (800) 952-5258.
608.2 POLICY
It is the policy of the Port Orchard Police Department to properly plan and carry out high -
risk operations, including participation in a regional deconfliction system, in order to provide
coordination, enhance the safety of members and the public, decrease the risk of compromising
investigations and prevent duplicating efforts.
608.3 OPERATIONS DIRECTOR
The Chief of Police has designated the Deputy Chief to be the operations director.
The operations director will develop and maintain a risk assessment form to assess, plan, and
coordinate operations. This form should provide a process to identify high -risk operations.
The operations director will review risk assessment forms with involved supervisors to determine
whether a particular incident qualifies as a high -risk operation. The director will also have the
responsibility for coordinating operations that are categorized as high risk.
608.4 RISK ASSESSMENT
608.4.1 RISK ASSESSMENT FORM PREPARATION
Officers assigned as operational leads for any operation that may qualify as a high -risk operation
shall complete a risk assessment form.
When preparing the form, the officer should query all relevant and reasonably available intelligence
resources for information about the subject of investigation, others who may be present and the
involved location. These sources may include regional intelligence and criminal justice databases,
target deconfliction systems, firearm records, commercial databases and property records. Where
appropriate, the officer should also submit information to these resources.
The officer should gather available information that includes, but is not limited to:
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(a) Photographs, including aerial photographs, if available, of the involved location,
neighboring yards and obstacles.
(b) Maps of the location.
(c) Diagrams of any property and the interior of any buildings that are involved.
(d) Historical information about the subject of investigation (e.g., history of weapon
possession or use, known mental illness, known drug use, threats against police, gang
affiliation, criminal history).
(e) Historical information about others who may be present at the location (e.g., other
criminals, innocent third parties, dependent adults, children, animals).
(f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced
doors/windows, surveillance measures, number and type of buildings, geographic and
perimeter barriers, the number and types of weapons likely to be present, information
that suggests the presence of explosives, chemicals or other hazardous materials, the
potential for multiple dwellings or living spaces, availability of keys/door combinations).
(g) Other environmental factors (e.g., nearby venues such as schools and day care
centers, proximity of adjacent homes or other occupied buildings, anticipated
pedestrian and vehicle traffic at the time of service).
(h) Other available options that may minimize the risk to officers and others (e.g., making
an off -site arrest or detention of the subject of investigation).
608.4.2 RISK ASSESSMENT REVIEW
Officers will present the risk assessment form and other relevant documents (such as copies of
search warrants and affidavits and arrest warrants) to their supervisor and the Deputy Chief.
The supervisor and Deputy Chief shall confer and determine the level of risk. Supervisors should
take reasonable actions if there is a change in circumstances that elevates the risks associated
with the operation.
608.4.3 HIGH -RISK OPERATIONS
If the Deputy Chief, after consultation with the involved supervisor, determines that the operation
is high risk, the Deputy Chief should:
(a) Determine what resources will be needed at the location, and contact and/or place on
standby any of the following appropriate and available resources:
(a) Special Weapons and Tactics Team (SWAT)
(b) Additional personnel
(c) Outside agency assistance
(d) Special equipment
(e) Medical personnel
(f) Persons trained in negotiation
(g) Additional surveillance
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(h) Canines
(i) Property and Evidence Unit or analytical personnel to assist with cataloguing
seizures
0) Forensic specialists
(k) Specialized mapping for larger or complex locations
(b) Contact the appropriate department members or other agencies as warranted to begin
preparation.
(c) Ensure that all legal documents such as search warrants are complete and have any
modifications reasonably necessary to support the operation.
(d) Coordinate the actual operation.
608.5 DECONFLICTION
Deconfliction systems are designed to identify persons and locations associated with
investigations or law enforcement operations and alert participating agencies when others are
planning or conducting operations in close proximity or time or are investigating the same
individuals, groups or locations.
The officer who is the operations lead shall ensure the subject of investigation and operations
information have been entered in an applicable deconfliction system to determine if there is
reported conflicting activity. This should occur as early in the process as practicable, but no later
than two hours prior to the commencement of the operation. The officer should also enter relevant
updated information when it is received.
If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the
potential conflict before proceeding.
608.5.1 DECONFLICTION PROCEDURE
The assigned officer shall report all planned operations to the WSIN Watch Center by
telephone (1-800-952-5258) or watchcenter@wsin.riss.net by completing an online submission.
Event information can be transmitted electronically using RISSafe utilizing a computer or any
smartphone or tablet. When completing an online submission, officers should print a copy of the
RISSafe deconfliction and attach it to the Operation Plan. In either case, deconfliction must occur
at least two hours prior to the planned operation to allow enough time for the Watch Center to
identify potential conflicts and/or case overlaps.
The case officer will provide the following information at a minimum to the Watch Center:
Date and time of the planned operation;
2. Nature of the operation;
3. Location of the operation, including any staging areas;
4. Information about the suspect(s), including full names, aliases, or street names,
physical descriptors, vehicle information, telephone numbers, and violence potential;
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5. Lead and other participating agency (OPA) names;
6. Name and office of the assigned officer, including cellular telephone number.
The case officer should request to be notified of any other planned law enforcement activities
within 1 mile of the planned operation. The case officer shall also notify their direct supervisor that
notification to WSIN has been made.
Should the Watch Center detect law enforcement activity occurring within the designated area, the
Watch Center will notify both agencies and encourage contact with one another to deconflict. Any
Port Orchard Police Department personnel receiving conflict information from the Watch Center
will immediately notify the case officer and their direct supervisor.
If the event will occur in the jurisdiction of a non -participating agency, prior notice will be given
to the communications center of that agency. If it occurs in the service area of another local task
force, notice will be given to any person from that task force.
All deconfliction efforts will be documented on the operation plan, whether it is an abbreviated
plan or full plan, to include the name, title, and agency of any persons notified, and the time and
date of the notification.
Any exemption or deviation from this procedure or a request from an officer to maintain a higher
level of confidentiality shall be considered on a case -by -case basis and approved only by the
agency supervisor, or, if applicable, the task force supervisor.
608.6 CASE ACTIVATION PROCEDURE
Upon the assignment of an active felony investigation on a named suspect, officers shall run all
suspects through WSIN.
In cases meeting the criteria outlined below, officers shall enter the suspect and all associated
suspects and case identifiers into the WSIN RISSlntel database either online or by calling the
WSIN Watch Center at (800) 952-5258. If the officer discovers that no previous record exists in
WSIN, the officer will proceed with the new entry. If the officer discovers records of the suspect
already exist in the WSIN RISSlntel database, the officer will link a Submittal with their information
to the existing record.
Entry into the WSIN RISSlntel database should be guided by, but not necessarily limited to, the
following types of cases:
Suspects are known gang members. This should also include any intelligence
information pertaining to the gang members; gang members will be entered into
the WAGang, Washington's state gang database. Only designated "Gatekeepers,"
who are gang experts can enter the subjects into this database. Officers will utilize
a process specific to their region to forward gang intelligence to their designated
Gatekeeper for entry into the system. The WAGang database will be hosted by the
Regional Information Sharing System (RISS) and thus will be accessible by law
enforcement, nationally;
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2. Suspects or groups engaged in on -going criminal activities involving serial property
crimes such as auto theft rings, financial crime rings, burglary rings, and organized
retail theft;
3. Suspects in high profile cases such as homicide investigations, robberies, and hate
crimes;
4. Subjects involved in drug trafficking, weapons trafficking, human trafficking,
manufacturing of controlled substances, etc.
This list is not designed to be all-inclusive. Officers shall consult with their direct supervisor if there
is any doubt about whether to make an entry.
A Case Activation checkbox will be added to the Case Checklist that accompanies all investigative
case files. This box will be checked only after a suspect has been searched both through the WSIN
and LinX databases and an entry made into WSIN, if applicable.
608.7 DISSEMINATION
The WSIN database has three levels of confidentiality: full release, limited release, and no release
(restricted). Officers making entries into WSIN may select open - release all information, release
limited information, or restricted - no information release. Before any entry is labeled as no
information release it must be first reviewed and approved by a supervisor. As noted above,
any exemptions to the case activation procedure must be reviewed on an individual basis and
approved by a command level officer.
The information submitted to the WSIN database remains the property of the submitting agency,
which controls the input and dissemination of its information in accordance with current law and
the agency's disclosure policies. A controlling agency must grant written permission for disclosure
of its information by another law enforcement agency.
608.8 INTELLIGENCE SHARING
Generally, authorized personnel may only enter "general intelligence" into the WSIN database in
accordance with Title 28, Part 23 - Code of Federal Regulations (28 CFR Part 23). There must be
reasonable suspicion an individual is involved in criminal activity or conduct that the information is
relevant to that criminal activity or conduct. No criminal intelligence information shall be maintained
or collected based solely on political, religious, or social views, associations, or activities of any
individual or any group or organization unless such information directly relates to criminal activity
or conduct and there is reasonable suspicion the subject of the information is or may be involved
in criminal activity.
608.9 OPERATIONS PLAN
The Deputy Chief should ensure that a written operations plan is developed for all planned
operations. Plans should also be considered for other operations that would benefit from having
a formal plan.
The plan should address such issues as:
(a) Operation goals, objectives, and strategies.
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(b) Operation location and people:
1. The subject of investigation (e.g., history of weapon possession/use, known
mental illness issues, known drug use, threats against police, gang affiliation,
criminal history)
2. The location (e.g., fortification, booby traps, reinforced doors/windows,
surveillance cameras and/or lookouts, number/type of buildings, geographic
and perimeter barriers, the number and types of weapons likely to be present,
information that suggests the presence of explosives, chemicals or other
hazardous materials, the potential for multiple dwellings or living spaces,
availability of keys/door combinations), including aerial photos, if available, and
maps of neighboring yards and obstacles, diagrams and other visual aids
3. Other environmental factors (e.g., nearby venues such as schools and daycare
centers, the proximity of adjacent homes or other occupied buildings, anticipated
pedestrian and vehicle traffic at the time of service)
4. Identification of other people who may be present in or around the operation,
such as other criminal suspects, innocent third parties, and children
(c) Information from the risk assessment form by attaching a completed copy in the
operational plan.
1. The volume or complexity of the information may indicate that the plan includes
a synopsis of the information contained on the risk assessment form to ensure
clarity and highlighting of critical information.
(d) Participants and their roles.
1. An adequate number of uniformed officers should be included in the operation
team to provide reasonable notice of a legitimate law enforcement operation.
2. How all participants will be identified as law enforcement.
(e) Whether deconfliction submissions are current and all involved individuals, groups and
locations have been deconflicted to the extent reasonably practicable.
(f) Identification of all communications channels and call signs.
(g) Use of force issues.
(h) Contingencies for handling medical emergencies (e.g., services available at the
location, closest hospital, closest trauma center).
(i) Plans for detaining people who are not under arrest.
Q) Contingencies for handling children, dependent adults, animals, and other people who
might be at the location in accordance with the Child Abuse, Adult Abuse, Child and
Dependent Adult Safety, and Animal Control Procedures policies.
(k) Communications plan
(1) Responsibilities for writing, collecting, reviewing, and approving reports.
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608.9.1 OPERATIONS PLAN RETENTION
Since the operations plan contains intelligence information and descriptions of law enforcement
tactics, it shall not be filed with the report. The operations plan shall be stored separately and
retained in accordance with the established records retention schedule.
608.10 OPERATIONS BRIEFING
A briefing should be held prior to the commencement of any high -risk operation to allow
all participants to understand the operation, see and identify each other, identify roles and
responsibilities and ask questions or seek clarification as needed. Anyone who is not present at
the briefing should not respond to the operation location without specific supervisory approval.
(a) The briefing should include a verbal review of plan elements, using visual aids, to
enhance the participants' understanding of the operations plan.
(b) All participants should be provided a copy of the operations plan and search warrant, if
applicable. Participating personnel should be directed to read the search warrant and
initial a copy that is retained with the operation plan. Any items to be seized should
be identified at the briefing.
(c) The Deputy Chief shall ensure that all participants are visually identifiable as law
enforcement officers.
(a) Exceptions may be made by the operations director for officers who are
conducting surveillance or working under cover. However, those members
exempt from visual identification should be able to transition to a visible law
enforcement indicator at the time of enforcement actions, such as entries or
arrests, if necessary.
(d) The briefing should include details of the communications plan.
1. It is the responsibility of the operations director to ensure that Kitsap 911 is
notified of the time and location of the operation, and to provide a copy of the
operation plan prior to officers arriving at the location.
2. If the radio channel needs to be monitored by Kitsap 911, the dispatcher
assigned to monitor the operation should attend the briefing, if practicable, but
at a minimum should receive a copy of the operation plan.
3. The briefing should include a communications check to ensure that all
participants are able to communicate with the available equipment on the
designated radio channel.
608.11 SWAT PARTICIPATION
If the Deputy Chief determines that SWAT participation is appropriate, the Deputy Chief and
the SWAT supervisor shall work together to develop a written plan. The SWAT supervisor shall
assume operational control until all persons at the scene are appropriately detained and it is safe
to begin a search. When this occurs, the SWAT supervisor shall transfer control of the scene to
the handling supervisor. This transfer should be communicated to the officers present.
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608.12 MEDIA ACCESS
No advance information regarding planned operations shall be released without the approval of the
Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance
with the Media Relations Policy.
608.13 OPERATIONS DEBRIEFING
Planned operations should be debriefed as soon as reasonably practicable. The debriefing should
include as many participants as possible. This debriefing may be separate from any SWAT
debriefing.
608.14 TRAINING AND ACCESS
All officers and administrative staff with assignments that could require them to perform case
activation or deconfliction should receive WSIN training enabling them to navigate through the
computer program as well as obtain security access to the system. Officer and administrative staff
who do not have WSIN and/or security access to the WSIN system shall partnerwith an officer who
does have training and access to comply with the case activation requirements of this procedure.
The Deputy Chief should ensure officers and SWAT team members who participate in operations
subject to this policy should receive periodic training including, but not limited to, topics such as
legal issues, deconfliction practices, operations planning concepts and reporting requirements.
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Investigations Unit
609.1 PURPOSE AND SCOPE
The General Investigations Unit is responsible for the investigative follow-up of felony crimes.
609.2 SUPERVISORY RESPONSIBILITIES AND DUTIES
The General Investigations Unit supervisor will:
(a) Review initial reports, information, and/or referred cases. The supervisor will then:
1. Screen cases,
2. Assign cases for investigation.
3. Refer cases to other units or agencies, or,
4. File as inactive.
(b) Ensure that no cases are being worked independently of a supervisory authority.
(c) Liaison with other agencies, ensuring there is a sharing of information as needed.
(d) Ensure the unit works within the geographical limits of its jurisdiction and, if the need
to expand beyond those boundaries is necessary, proper notification and approval will
take place with the affected agency.
(e) Not allow the assignment of Port Orchard Police Department commissioned personnel
to another agency without the approval of the Deputy Chief.
(f) Maintain a liaison with the Prosecutor's Office to ensure there is continuing
communication regarding cases being worked.
(g) Review all cases assigned to the detectives on a bi-monthly basis to determine:
1. Viability of continuing with the case.
2. When the case will be completed.
3. What investigative steps remain to be completed.
4. If the case should be referred to another agency.
5. If the case should be closed for lack of activity.
6. If the case should be sent to the Prosecutor's Office for reviewing and/or filing
of charges.
(h) Ensure all unit records are maintained according to these policies as well as the laws
of the State of Washington.
(i) Maintain accurate and up-to-date statistical information developed by the unit.
609.3 CASE MANAGEMENT
609.3.1 ASSIGNMENT OF CASES
All preliminary reports forwarded to the General Investigations Unit shall be reviewed by the unit
supervisor prior to the assignment to investigative personnel.
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The General Investigations supervisor will assign cases based upon caseload and staffing
considerations. The supervisor will use a system of case screening based upon the following
solvability factors in order to apply available manpower to those offenses which are most likely
to be cleared:
(a) The suspect is named.
(b) The suspect can be identified.
(c) The address of the suspect is known.
(d) The suspect can be located.
(e) The suspect vehicle license plate is known.
(f) The suspect vehicle can be identified.
(g) There was traceable property taken.
(h) Latent fingerprints, DNA, or other evidence was obtained.
(i) A significant Modus Operandi can be developed.
0) There was limited opportunity to commit the crime.
(k) There is reason to believe the crime would arouse such public interest that the public
assistance would lead to a resolution.
(1) There is reason to believe further investigative effort would lead to the solving of the
crime.
The General Investigations supervisor may authorize a follow-up investigation despite the
absence of sufficient solvability factors when the following circumstances exist:
(a) Public safety issue.
(b) Related incidents establish a pattern of crimes.
(c) Multiple incidents involving the same victim.
(d) The seriousness of the offense.
(e) Cases of significant community importance.
The General Investigations supervisor may assign cases based on an individual's specialized
training or demonstrated proficiency in a particular investigative area.
The supervisor may assign both criminal and non -criminal investigations (i.e. background
investigations) to the General Investigations Unit detectives.
When assigning a case for follow-up, the supervisor will enter the appropriate information into the
records system case management module.
609.3.2 CASE STATUS, TERMINATION, AND COMPLETION
The General Investigations supervisor will authorize the status or change in status of each case.
Status Categories are:
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(a) Open: Indicates a case is assigned and is actively being investigated.
(b) Closed: Indicates a case has been satisfactorily concluded by one of the following:
1. Arrest: The suspect has been identified and it has been determined that there
is probable cause to charge the suspect with a crime. The case is considered
an arrest if:
(a) The suspect is physically arrested,
(b) There has been a request for an arrest warrant, or
(c) A probable cause statement has been sent to the Prosecutor's Office
requesting charges.
2. Prosecutor Review: The suspect has been identified and it has been determined
that there may or may not be probable cause to charge the suspect with a crime.
The report will be sent to the Prosecutor's Office for review in the following cases:
(a) A victim's verbal criminal complaint with no supporting evidence.
(b) Varying accounts by victims, witnesses, and suspects.
(c) Inconsistent or non -credible accounts by a victim.
(d) All sex -related cases and child assault cases will also be forwarded to the
prosecutor.
3. Unfounded: The investigation reveals that the crime either did not occur or the
event occurred, but no crime was committed.
4. Inactive: A suspect has not been identified or the suspect is identified but there
is not probable cause to arrest the suspect. This case may be re -opened and
investigated further if new information is discovered.
5. Other: This status may be used when no person can be held criminally
responsible. Such investigations may include natural deaths, suicide, accidental
death, located missing persons, located runaways, and resolved suspicious
situations. This case status may also be used when closing a non -criminal
or administrative investigation which may include a background investigation,
internal investigation, or laboratory requests.
6. Forwarded to Other Agency: This incident did not occur in the City of Port
Orchard, or another agency is the appropriate investigative agency. In this case,
the report, as well as all follow-up information, has been sent to that agency for
investigation.
Once the investigation is completed and reviewed, the supervisor will record the case disposition
in the case assignment module.
Upon conclusion of the investigation, the victim will be notified, when appropriate, of the case
status by letter, phone call, or in person.
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609.4 CASE INVESTIGATION
Once a case is assigned, the detective will conduct a thorough investigation including, but not
limited to the following:
(a) Review and analyze all previous reports prepared during the preliminary investigation.
(b) Conduct additional interviews and/or interrogation of victims, witnesses, or suspects.
(c) Search for, collect, and preserve available evidence.
(d) Submit evidence to a crime lab when appropriate.
(e) Review Departmental and other records sources for investigative information.
(f) Seek additional information from other sources (i.e. fellow investigators/officers and
sources of information within the community).
(g) Determine involvement of suspect(s) in other crimes.
(h) Check suspects' criminal history.
(i) Prepare probable cause statements.
0) Thoroughly document all actions taken in the investigation.
(k) Prepare case for trial court presentation by consulting with the Prosecutor's Office.
609.4.1 HANDLING VICTIMS AND WITNESSES
When a case is assigned to a detective for follow-up, the detective will:
(a) Make preliminary contact with the victim/complainant for the purpose of advising them
that they will be handling the investigation.
(b) Obtain any additional information the victim/complainant may have in regards to the
case.
(c) Ascertain the willingness of victims and witnesses to cooperate and follow through
with prosecution.
(d) Maintain periodic contact with victims and witnesses. They will advise victims of the
status of the case and any changes to include the closure of the case.
609.4.2 INTERVIEW ROOM
The Port Orchard Police Department maintains a facility for interviewing suspects, witnesses,
victims, and juvenile offenders. The interview room is not secure and therefore all suspects and
offenders should be kept under continual supervision while at this facility.
(a) The interview room should be kept clean and clear of non -essential items.
(b) Officers may secure their weapons prior to conducting an interview.
(c) Offenders and suspects should be searched prior to entering the facility for an
interview.
(d) Violent or combative subjects will not be interviewed at the Port Orchard Police
Department but should be taken to the Kitsap County Jail for interviewing.
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(e) The interviewing officer is responsible for the safety and welfare of the interviewee
and will provide access to water, restrooms, and comfort breaks as necessary during
the interview process.
(f) Generally, no more than two officers should be present inside the interview room
during questioning.
(g) Interviews may be electronically/digitally recorded using the available equipment.
609.4.3 CASE FILES
The detective assigned the case will be expected to develop an investigative plan and to manage
all reports and documents related to the case. The detective will record the progress of the case
in report form.
Detectives shall maintain and update case files on incidents currently under investigation. The
case officer will complete periodic supplemental reports. Case files are to be reviewed periodically
with the supervisor.
Investigative case files will be maintained by the investigator in an accessible location so that they
may be inspected by their supervisor or be available to another detective who may need to refer
to the case while the assigned detective is out of the office.
609.5 OPERATIONS
609.5.1 DAILY WORK ASSIGNMENTS
It is the responsibility of each detective assigned to the General Investigations Unit to have a clear
understanding of their current assignments. This will be reinforced by the bi-monthly review of
case assignments by the supervisor with the individual detectives.
609.5.2 ACTIVITY ACCOUNTABILITY
It is the responsibility of each detective to work diligently on the cases assigned to them. Cases
will not be allowed to remain open if not actively being worked unless waiting on lab results. Case
reports should be completed as soon as practicable. Accountability will be addressed in a case
review between the supervisor and detective.
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Forensic Genetic Genealogy
610.1 PURPOSE AND SCOPE
This policy provides guidance for the use of forensic genetic genealogy (FGG) to generate
investigative leads.
610.1.1 DEFINITIONS
Definitions related to this policy include:
Combined DNA Index System (CODIS) - An FBI computer software program that operates
deoxyribonucleic acid (DNA) profile databases for law enforcement use.
DNA typing laboratory - A laboratory that analyzes biological samples, including extracted DNA,
in order to provide various DNA profile types. State or local crime labs are generally not equipped
to provide single nucleotide polymorphism (SNP) DNA profiles; therefore, the use of private DNA
typing laboratories is often necessary for FGG.
Extracted DNA - The DNA isolated from a biological sample remaining after previous DNA testing
has been completed.
Forensic genetic genealogy (FGG) - The process of obtaining a SNP DNA profile from a
biological sample collected during an investigation; uploading the profile to a genetic genealogy
site for comparison to the consumer profiles in the site's database to identify genetic relatives; and
using the identified genetic relationships, as well as traditional genealogy research, to generate
investigative leads.
Genetic genealogist - A genealogist who uses DNA testing with traditional genealogical research
methods to assist law enforcement or private clients in identifying biological relatives of an
individual.
Genetic genealogy site - A database of DNA profiles voluntarily submitted by public consumers
for the purpose of identifying genetic relatives. The availability of genetic genealogy sites for law
enforcement use varies depending on their terms of service.
Short tandem repeat (STR) DNA profile - The results of DNA typing in a format that can be
processed through CODIS and state DNA databases. This is the type of DNA used in conventional
non-FGG law enforcement investigations.
Single nucleotide polymorphism (SNP) DNA profile - The results of DNA typing in a format that
enables an unknown DNA sample to be compared to the DNA profiles maintained by a genetic
genealogy site. This is the DNA type used in FGG.
610.2 POLICY
The Port Orchard Police Department's use of FGG will be in coordination with prosecutors, the
Medical Examiner, and other appropriate resources only in qualifying cases after reasonable
conventional investigative methods have been pursued. Members will take reasonable steps to
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maintain the integrity of the FGG process and safeguard the privacy rights of individuals whose
DNA profiles are analyzed.
610.3 CRITERIA FOR FGG USE
Before using FGG, the lead investigator should coordinate with the supervisor to determine
whether the case meets the following requirements:
(a) Biological evidence collected as part of the underlying investigation (or extracted
DNA from the biological evidence) is available for additional testing and is reasonably
believed to be attributable to:
1. The perpetrator of an unsolved violent felony.
2. The unidentified human remains of a suspected homicide victim.
(b) All reasonable conventional investigative methods have been utilized and all
reasonable investigative leads have been pursued (e.g., relevant case information
entered in the National Missing and Unidentified Persons System (NamUs) and the
Violent Criminal Apprehension Program (ViCAP) national database).
(c) An STR DNA profile has been developed from the biological evidence collected in
the case and, absent unusual circumstances, has been uploaded to CODIS and any
applicable state DNA database for comparison with negative results.
610.4 COORDINATION
Once a preliminary determination has been made that a case may qualify for the use of FGG, the
lead investigating member should consult with the appropriate prosecutor to address current and
prospective legal issues and determine if a search warrant is required.
In the case of unidentified human remains, the lead investigator should also consult with the
Medical Examiner.
610.5 SUBMISSION OF SAMPLE
The biological evidence or extracted DNA should be submitted to a DNA typing laboratory
approved by the Department in order to obtain a SNP DNA profile.
Once a SNP DNA profile has been obtained from the biological evidence or extracted DNA, the
lead investigating member should arrange for it to be compared to the SNP DNA profiles contained
in one or more genetic genealogy sites to identify possible genetic relatives. The lead investigator
should work with a qualified genetic genealogist as needed during this process.
When submitting a SNP DNA profile for comparison, the lead investigator or the authorized
designee (e.g., assigned genetic genealogist) shall notify the genetic genealogy site that the
request for comparison is from a law enforcement agency and confirm that the site's terms of
service permit FGG for the type of case being investigated. The use of the SNP DNA profile and
any subsequent comparison shall be limited to the original underlying investigation.
If at any time during the FGG process the case no longer meets the criteria for FGG use, the
lead investigator should promptly notify the DNA typing laboratory, genetic genealogy site, and/or
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genetic genealogist to cease any further analysis and to return all evidence, data, and materials
to the Department.
610.6 ANALYSIS OF FGG DATA
Once results of a comparison are received from a genetic genealogy site, the information should
be evaluated by a genetic genealogist, who will assist the lead investigator in identifying potential
investigative leads.
The lead investigator should promptly and diligently pursue each viable lead identified through the
FGG process using traditional investigative methods, as appropriate, to:
(a) Eliminate an individual as a potential suspect in the case.
(b) Link an individual to the case as a potential suspect.
(c) Identify human remains.
610.7 COLLECTION OF THIRD -PARTY DNA SAMPLE
If it is determined that a third -party DNA sample (i.e., from a person not likely to be a suspect in
the investigation) should be collected and analyzed for FGG, consent from the third party should
be obtained prior to collection.
If there is a reasonable belief that the integrity of the investigation would be compromised by
seeking consent from the third party prior to collection, the lead investigator should consult with the
prosecutor regarding applicable laws and procedures in both the jurisdiction of the investigation
and the jurisdiction where the collection will occur, if different.
The use of a third -party DNA sample shall be limited to the original underlying investigation.
610.8 POST -IDENTIFICATION
Members shall not rely solely on FGG identification of a potential suspect for probable cause to
make an arrest or obtain an arrest warrant. Unless there is sufficient evidence independent of the
FGG data to support an arrest, a potential suspect identified through FGG should not be arrested
until the suspect's identity is confirmed.
Members shall not rely solely on FGG to identify human remains unless there is sufficient
evidence independent of the FGG data to declare the identification or confirmation testing has
been completed
Confirmatory DNA testing should be conducted by collecting a known DNA sample from the
potential suspect or, in the case of unidentified human remains, from a close biological relative.
This known DNA sample should be submitted for comparison to the original unknown STR DNA
profile through conventional methods (e.g., in CODIS).
The lead investigator should consult with the prosecutor to determine the appropriate method of
obtaining a known DNA sample.
Once the identity of a suspect or the identity of unidentified human remains has been confirmed
through conventional DNA testing, the lead investigator should:
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(a) Consult with the prosecutor to evaluate the entire investigative file for consideration
of criminal charges or further investigation.
(b) If applicable, consult with the Medical Examiner for an amendment to a certificate of
death.
610.9 PRIVACY CONSIDERATIONS
Members should make reasonable efforts to respect and protect the privacy of non -suspect
genetic relatives identified through the FGG process. The names and identifying information
of any non -suspect genetic relatives should not be included in official reports, probable cause
declarations, or affidavits for search warrants and should not be disclosed unless otherwise
required by law or court order.
The lead investigator should formally request that the SNP DNA profile be removed from all genetic
genealogy sites upon identity confirmation and should retain a copy of the request for department
records. The lead investigator should request that all case -related records and data provided to,
or generated by, a genetic genealogist during the FGG process be returned to the Department.
610.10 RETENTION OF DNA SAMPLES AND RELATED RECORDS
Genetic information, including any derivative profiles and genetic genealogy site user information,
should be retained in accordance with the established records retention schedule. The lead
investigator should coordinate with the property and evidence technician and provide adequate
notice to the appropriate prosecutor's office before destroying any profiles or data obtained from
the FGG process.
See the Property and Evidence Policy for guidelines regarding biological evidence, including DNA
samples.
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Chapter 7 - Equipment
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Department Owned and Personal Property
700.1 PURPOSE AND SCOPE
Department employees are expected to properly care for department property assigned or
entrusted to them. Employees may also suffer occasional loss or damage to personal or
Departmentproperty while performing their assigned duty. Certain procedures are required
depending on the loss and ownership of the item.
700.2 CARE OF DEPARTMENTAL PROPERTY
Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and
replacement of Department property assigned or entrusted to them. An employee's intentional or
negligent abuse or misuse of department property may lead to discipline including, but not limited
to the cost of repair or replacement.
(a) Employees shall promptly report through their chain of command, any loss, damage to,
or unserviceable condition of any Department issued property or equipment assigned
for their use.
(b) No employee shall use Department equipment unless trained in its operation and
authorized to use it in the performance of their duty.
(c) The use of damaged or unserviceable Department property should be discontinued
as soon as practical and replaced with comparable Department property as soon as
available and following notice to a supervisor.
(d) Except when otherwise directed by competent authority or required by exigent
circumstances, Department property shall only be used by those to whom it was
assigned. Use should be limited to official purposes and in the capacity for which it
was designed.
(e) Department property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without proper authority.
(f) Upon termination of employment, all Department -owned property will be returned.
(g) In the event that any Department property becomes damaged or unserviceable, no
employee shall attempt to repair the property without prior approval of a supervisor.
(h) Employees will not dismantle or modify equipment unless authorized to do so.
(i) City property or equipment will not be loaned for personal use but may be loaned to
another agency with permission of a command staff member.
700.3 FILING CLAIMS FOR PERSONAL PROPERTY
Claims for reimbursement for damage or loss of personal property must be made on the proper
form. This form is submitted to the employee's immediate supervisor. The supervisor may require
a separate written report of the loss or damage.
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Department Owned and Personal Property
The supervisor shall direct a memo to the Deputy Chief, which shall include the results of his/her
investigation and whether the employee followed proper procedures. The supervisor's report shall
address whether reasonable care was taken to prevent the loss or damage.
Upon review by staff and a finding that no misconduct or negligence was involved, repair or
replacement may be recommended by the Chief of Police who will then forward the claim to the
Finance Department.
The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic
equipment, etc.) that are not reasonably required as a part of work.
700.3.1 REPORTING REQUIREMENT
A verbal report shall be made to the employee's immediate supervisor as soon as circumstances
permit.
A written report shall be submitted before the employee goes off duty or within the time frame
directed by the supervisor to whom the verbal report is made.
700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER
Officers and other employees intentionally or unintentionally may cause damage to the real or
personal property of another while performing their duties. Any employee who damages or causes
to be damaged any real or personal property of another while performing any law enforcement
functions, regardless of jurisdiction, shall report it as provided below.
(a) A verbal report shall be made to the employee's immediate supervisor as soon as
circumstances permit.
(b) A written report shall be submitted before the employee goes off duty or within the
time frame directed by the supervisor to whom the verbal report is made.
700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY
If employees of another jurisdiction cause damage to real or personal property belonging to the
City, it shall be the responsibility of the employee present or the employee responsible for the
property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.
The employee shall submit a written report before going off duty or as otherwise directed by the
supervisor.
These written reports, accompanied by the supervisor's written report, shall promptly be forwarded
to the Deputy Chief.
700.5 ACCESS CONTROL
Employees shall not make or cause to be made any duplicates of Department keys or access
devices without proper authorization.
Employees will possess only those Department and City keys or access devices which they are
authorized to have. Loss of Department keys or access devices will be reported immediately to
their supervisor.
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Employees will not possess keys or access devices to business establishment(s) unless they have
received prior permission from the Chief of Police or designee.
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Personal Communication Devices
701.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and
communication devices, whether issued or funded by the Department or personally owned, while
on -duty or when used for authorized work -related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but
is intended to include all mobile telephones, personal digital assistants (PDAs), wireless -capable
tablets, and similar wireless two-way communications and/or portable internet access devices.
PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and
microblogging, emailing, using video or camera features, playing games and accessing sites or
services on the internet.
701.2 POLICY
The Port Orchard Police Department allows members to utilize department -issued or funded PCDs
and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD
used while on- or off -duty for business -related purposes, or reasonably associated with work -
related misconduct, will be subject to monitoring and inspection consistent with applicable law
and this policy.
Additionally, the use of a PCD either on -duty or after duty hours for business -related purposes, or
reasonably associated with work -related misconduct, may subject the member and the member's
PCD records to civil or criminal discovery or disclosure under applicable public records laws.
Members who have questions regarding the application of this policy or the guidelines contained
herein are encouraged to seek clarification from supervisory staff.
701.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to any communication accessed,
transmitted, received, or reviewed on any PCD issued or funded by the Department and shall have
no expectation of privacy in their location should the device be equipped with location -detection
capabilities. This includes records of all keystrokes or web -browsing history made on the PCD.
The fact that access to a database, service, or website requires a username or password will not
create an expectation of privacy if it is accessed through department PCDs or networks (see the
Information Technology Use Policy for additional guidance).
Members have no expectation of privacy regarding any communications while using a personally
owned PCD for department -related business or when the use reasonably implicates work -related
misconduct.
701.4 DEPARTMENT -ISSUED PCD
Depending on an employee's assignment and the needs of the position, the Department may, at its
discretion, issue a PCD. Department -issued PCDs are provided to facilitate on -duty performance
only. Such devices and the associated telephone number shall remain the sole property of the
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Personal Communication Devices
Department and shall be subject to inspection or monitoring (including all related records and
content) at any time without notice and without cause.
Due to Washington State's public disclosure and records retention requirements, department -
issued PCDs shall have software pre -loaded that tracks and monitors all incoming and outgoing
data to maintain compliance. This data may include but is not limited to, all calls, text messages,
internet history, and application usage.
Department -issued PCDs may come with several department -approved applications useful to
officers in the field. Officers are not permitted to load any additional applications on their PCD
without the express written approval from the Chief of Police or designee. Officers are encouraged
to contact command staff regarding any application they believe may be useful in the field.
Department -issued PCDs are designed to be used as a communication device, and as a
digital evidence collection tool. Evidence includes but is not limited to, photographs, audio/visual
recording, and GPS data. While primary access to email is via the department's computer system,
officers are permitted to access department emails on their department -issued PCD by using the
appropriate application.
701.5 PERSONALLY OWNED PCD
Employees may carry a personally owned PCD while on -duty, subject to the following conditions
and limitations:
(a) The Department accepts no responsibility for loss of or damage to a personally owned
PCD.
(b) The PCD and any associated services shall be purchased, used and maintained solely
at the employee's expense.
(c) The device should not be used for work -related purposes except in exigent
circumstances (e.g., unavailability of radio communications). Employees will have a
reduced expectation of privacy when using a personally owned PCD in the workplace
and have no expectation of privacy with regard to any department business -related
communication.
(d) The device shall not be utilized to record or disclose any business -related information,
including photographs, video or the recording or transmittal of any information or
material obtained or made accessible as a result of employment with the Department,
without the express authorization of the Chief of Police or the authorized designee.
Except with prior express authorization from their supervisor, employees are not obligated or
required to carry, access, monitor or respond to electronic communications using a personally
owned PCD while off -duty. If an employee is in an authorized status that allows for appropriate
compensation consistent with policy or existing collective bargaining agreements, or if the
employee has prior express authorization from his/her supervisor, the employee may engage
in business -related communications. Should employees engage in such approved off -duty
communications or work, employees entitled to compensation shall promptly document the
time worked and communicate the information to their supervisors to ensure appropriate
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Personal Communication Devices
compensation. Employees who independently document off -duty department -related business
activities in any manner shall promptly provide the Department with a copy of such records to
ensure accurate record keeping.
701.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried while on -duty or used to conduct
[departmentoffice] business:
(a) A PCD shall not be carried in a manner that allows it to be visible while in uniform
unless it is in an approved carrier.
(b) All PCDs in the workplace shall be set to silent or vibrate mode.
(c) A PCD may not be used to conduct personal business while on -duty, except for brief
personal communications (e.g., informing the family of extended hours). Members
shall endeavor to limit their use of PCDs to authorized break times unless an
emergency exists.
(d) Members may use a PCD to communicate with other personnel in situations where
the use of the radio is either impracticable or not feasible. PCDs should not be used
as a substitute for, as a way to avoid or in lieu of regular radio communications.
(e) Members shall use their PCD to collect audio/visual evidence such as photographs
or subject interviews. All digital evidence shall be uploaded to the designated server
prior to the end of the officer's shift; once the upload is successful, all digital evidence
shall be deleted from the PCD.
(f) Members are prohibited from taking pictures, making audio or video recordings or
making copies of any such picture or recording media unless it is directly related to
official [departmentoffice] business. Disclosure of any such information to any third
party through any means, without the express authorization of the [agencyHead] or
the authorized designee, may result in discipline.
(g) Members will not access social networking sites for any purpose that is not official
[departmentoffice] business.
(h) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct
with any third party is prohibited. Any member having knowledge of such conduct shall
promptly notify a supervisor.
701.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that members under their command are provided appropriate training on the
use of PCDs consistent with this policy.
(b) Monitoring, to the extent practicable, PCD use in the workplace and take prompt
corrective action if a member is observed or reported to be improperly using a PCD.
1. An investigation into improper conduct should be promptly initiated when
circumstances warrant.
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2. Before conducting any administrative search of a member's personally owned
device, supervisors should consult with the Chief of Police or the authorized
designee.
701.8 USE WHILE DRIVING
The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and
present a negative image to the public. Officers operating emergency vehicles should restrict the
use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle
at an appropriate location to use the PCD.
Except in an emergency, members who are operating vehicles other than authorized emergency
vehicles shall not use a PCD while driving unless the device is specifically designed and configured
to allow hands -free use and the use complies with RCW 46.61.672. Hands -free use should be
restricted to business -related calls or calls of an urgent nature.
701.9 OFFICIAL USE
Members are reminded that PCDs are not secure devices and conversations may be intercepted
or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information
is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive
or private communications on a land -based or other department communications network.
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Vehicle Maintenance
702.1 PURPOSE AND SCOPE
Employees are responsible for assisting in maintaining Department vehicles so that they are
properly equipped, properly maintained, properly refueled and present a clean appearance.
702.2 DEFECTIVE VEHICLES
When a department vehicle becomes inoperative or in need of repair that affects the safety
of the vehicle, that vehicle shall be removed from service for repair. Proper documentation
shall be promptly completed by the employee who first becomes aware of the defective
condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle
maintenance for repair.
702.2.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged or perform poorly shall be removed from service for
inspections and repairs as soon as practicable.
702.2.2 SEVERE USE
Vehicles operated under severe -use conditions, which include operations for which the vehicle
is not designed or that exceed the manufacturer's parameters, should be evaluated for removal
from service and subjected to a safety inspection. Such conditions may include rough roadway or
off -road driving, hard or extended braking, pursuits or prolonged high-speed operation.
702.2.3 REMOVAL OF WEAPONS
All firearms, weapons and control devices shall be removed from a vehicle and properly secured
prior to the vehicle being released for maintenance, service or repair.
702.3 VEHICLE EQUIPMENT
Certain items shall be maintained in all department vehicles for emergency purposes and to
perform routine duties.
702.3.1 PATROL VEHICLES
Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following
equipment, at a minimum, is present in the vehicle:
• Mobile Computer Terminal (MCT)
• Patrol Rifle
• Emergency road flares or traffic cones
• Barricade tape
• First aid kit
• Fingerprint kit
• Fire extinguisher
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• Personal Protective Equipment per the Communicable Disease and Body Armor
policies.
702.3.2 UNMARKED VEHICLES
An employee driving unmarked department vehicles shall ensure that the minimum following
equipment is present in the vehicle:
• Emergency road flares or traffic cones
• Barricade tape
• First aid kit
• Fingerprint kit
• Fire extinguisher
• Personal Protective Equipment per the Communicable Disease and Body Armor
policies.
702.4 VEHICLE REFUELING
Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place
a vehicle in service that has less than one -quarter tank of fuel. Whenever practicable, vehicles
should be fully fueled when placed into service and refueled before the level falls below one -
quarter tank.
702.5 WASHING OF VEHICLES
All units shall be kept clean at all times and weather conditions permitting, shall be washed as
necessary to enhance their appearance.
All units shall have trash or debris removed from the interior at the end of each shift. Confidential
material shall be placed in a designated receptacle for the shredding of this matter.
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Vehicle Use
703.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure department vehicles
are used appropriately. This policy provides guidelines for on- and off -duty use of department
vehicles and shall not be construed to create or imply any contractual obligation by the City of
Port Orchard to provide assigned take-home vehicles.
703.2 POLICY
The Port Orchard Police Department provides vehicles for department -related business and may
assign patrol and unmarked vehicles based on a determination of operational efficiency, economic
impact to the Department, requirements for tactical deployments and other considerations.
703.3 USE OF VEHICLES
703.3.1 KEYS
Members who are provided an assigned vehicle should be issued two copies of the key as part
of their initial equipment distribution. Members shall not duplicate keys. The loss of a key shall be
promptly reported in writing through the member's chain of command.
703.3.2 INSPECTIONS
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle
before taking the vehicle into service and at the conclusion of their shifts. Any previously
unreported damage, mechanical problems, unauthorized contents, or other problems with the
vehicle shall be promptly reported to a supervisor and documented as appropriate.
The interior of any vehicle that has been used to transport any person other than a member of
this department shall be inspected prior to placing another person in the vehicle and again after
the person is removed. This is to ensure that unauthorized or personal items have not been left
in the vehicle.
When transporting any suspect, prisoner, or arrestee, the transporting member shall search all
areas of the vehicle that are accessible by the person before and after that person is transported.
All department vehicles are subject to inspection and/or search at any time by a supervisor without
notice and without cause. No member assigned to or operating such vehicle shall be entitled to
any expectation of privacy with respect to the vehicle or its contents.
703.3.3 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle
except when it is necessary that the vehicle be left running (e.g., continued activation of emergency
lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency
situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly
with the need to secure the vehicle.
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Members shall ensure all weapons are secured while the vehicle is unattended.
703.3.4 MOBILE COMPUTER TERMINAL
Members assigned to vehicles equipped with a Mobile Computer Terminal (MCT) shall log onto
the MCT with the required information when going on -duty. If the vehicle is not equipped with a
working MCT, the member shall notify Kitsap 911. Use of the MCT is governed by the Mobile
Computer Terminal Use Policy.
703.3.5 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department vehicle
unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of
assignment, members may not violate state law regarding vehicle operation while intoxicated.
703.3.6 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system
designed to track the vehicle's location. While the system may provide vehicle location and
other information, members are not relieved of their responsibility to use required communication
practices to report their location and status.
Members shall not make any unauthorized modifications to the system. At the start of each shift,
members shall verify that the system is on and report any malfunctions to their supervisor. If the
member finds that the system is not functioning properly at any time during the shift, he/she should
exchange the vehicle for one with a working system, if available.
System data may be accessed by supervisors at any time. However, access to historical data by
personnel other than supervisors will require Deputy Chief approval.
All data captured by the system shall be retained in accordance with the established records
retention schedule.
703.3.7 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions or removal of any equipment or accessories without
written permission from the assigned vehicle program manager.
703.3.8 NON -SWORN MEMBER USE
Non -sworn employees shall not operate marked patrol vehicles without sergeant approval.
Exception: The approval requirement does not apply to Fleet and Maintenance personnel for
facilitate or perform regular maintenance or repairs on these vehicles.
A marked patrol vehicle operated by any non -sworn employee must have a light -bar hood that
clearly indicates the patrol vehicle is "Out of Service."
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703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES
Department vehicles may be assigned to individual members at the discretion of the Chief of
Police. Vehicles may be assigned for on -duty and/or take-home use. Assigned vehicles may be
changed at any time. Permission to take home a vehicle may be withdrawn at any time.
The assignment of vehicles may be suspended when the member is unable to perform his/her
regular assignment.
703.4.1 ASSIGNED VEHICLES
Assignment of take-home vehicles shall be based on the location of the member's residence;
the nature of the member's duties, job description and essential functions; and the member's
employment or appointment status. Residence in the City of Port Orchard is a prime consideration
for assignment of a take-home vehicle. Members who reside outside the City of Port Orchard may
be required to secure the vehicle at a designated location or the Department at the discretion of
the Chief of Police.
Members are cautioned that under federal and local tax rules, personal use of a City vehicle may
create an income tax liability for the member. Questions regarding tax rules should be directed
to the member's tax adviser.
Criteria for use of take-home vehicles include the following:
(a) Vehicles shall only be used for work -related purposes and shall not be used for
personal errands or transports, unless special circumstances exist and the Chief of
Police or the Deputy Chief gives authorization.
(b) Vehicles may be used to transport the member to and from the member's residence
for work -related purposes.
(c) Vehicles will not be used when off -duty except:
(a) In circumstances when a member has been placed on call by the Chief of Police
or the Deputy Chief and there is a high probability that the member will be called
back to duty.
(b) When the member is performing a work -related function during what normally
would be an off -duty period, including vehicle maintenance or traveling to or from
a work -related activity or function.
(c) When the member has received permission from the Chief of Police or the
Deputy Chief.
(d) When the vehicle is being used by the Chief of Police, Deputy Chief or members
who are in on -call administrative positions.
(e) When the vehicle is being used by on -call investigators.
(d) While operating the vehicle, authorized members will carry their duty firearms, wear
their Department -issued body armor, and be prepared to perform any function they
would be expected to perform while on -duty
(e) Unattended vehicles are to be locked and secured at all times.
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(a) No key should be left in the vehicle except when it is necessary that the vehicle
be left running (e.g., continued activation of emergency lights, canine safety,
equipment charging).
(b) All weapons shall be secured while the vehicle is unattended.
(c) All department identification, portable radios and equipment should be secured.
(f) Vehicles are to be secured at the member's residence or the appropriate department
facility, at the discretion of the Department when a member will be away (e.g., on
vacation) for periods exceeding one week.
1. If the vehicle remains at the residence of the member, the Department shall have
access to the vehicle.
2. If the member is unable to provide access to the vehicle, it shall be parked at
the Department.
(g) The member is responsible for the care of the vehicle.
703.4.2 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of
their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.
Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.
The following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/
maintenance requirements and damage.
(b) It is the member's responsibility to ensure that his/her assigned vehicle is maintained
according to the established service and maintenance schedule.
(c) All scheduled vehicle maintenance and car washes shall be performed as necessary
at a facility approved by the department supervisor in charge of vehicle maintenance.
(d) The Department shall be notified of problems with the vehicle and approve any major
repairs before they are performed.
(e) All weapons shall be removed from any vehicle left for maintenance.
703.4.3 ON -DUTY USE
Vehicle assignments shall be based on the nature of the member's duties, job description and
essential functions, and employment or appointment status. Vehicles may be reassigned or
utilized by other department members at the discretion of the Chief of Police or the authorized
designee.
703.4.4 ENFORCEMENT ACTIONS
When driving a take-home vehicle to and from work outside of the jurisdiction of the Port Orchard
Police Department or while off -duty, officers are discouraged from initiating enforcement actions
except in those circumstances where a potential threat to life or serious property damage exists
(see the Off -Duty Law Enforcement Actions and Law Enforcement Authority policies).
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Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).
Officers driving take-home vehicles shall be armed, appropriately attired and carry
their department -issued identification. Officers should also ensure that department radio
communication capabilities are maintained to the extent feasible.
703.5 DAMAGE, ABUSE, AND MISUSE
When any department vehicle is involved in a traffic collision or otherwise incurs damage, the
involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with
the agency having jurisdiction (see the Employee Involved Collision Policy).
Damage to any department vehicle that was not caused by a traffic collision shall be immediately
reported during the shift in which the damage was discovered, documented in memorandum
format, and forwarded to the Shift Supervisor. An administrative investigation should be initiated
to determine if there has been any vehicle abuse or misuse.
703.6 TOLL ROAD USAGE
Authorized on -duty emergency vehicles are exempt from incurring toll road charges. An authorized
emergency vehicle is an on -duty vehicle of the Department which is equipped with emergency
lights and siren and used to respond to emergency calls (WAC 468-270-030; WAC 468-270-085;
WAC 468-270-105).
To avoid unnecessary toll road charges, all members operating department vehicles on a toll road
shall adhere to the following:
(a) Members operating department vehicles that are not authorized emergency vehicles
shall pay the appropriate toll charge or utilize the appropriate toll way transponder.
Members may submit a request for reimbursement from the City for any toll fees
incurred in the course of official business.
(b) Members in unauthorized vehicles passing through a toll plaza or booth during a
response to an emergency shall notify, in writing, the Deputy Chief within five working
days explaining the circumstances.
703.7 ATTIRE AND APPEARANCE
When operating any department vehicle while off -duty, members may dress in a manner
appropriate for their intended activity. Whenever in view of or in contact with the public, attire and
appearance, regardless of the activity, should be suitable to reflect positively upon the Department.
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Cash Handling, Security and Management
704.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure department members handle cash appropriately in the
performance of their duties.
This policy does not address cash -handling issues specific to the Property and Evidence and
Informants policies.
704.2 POLICY
It is the policy of the Port Orchard Police Department to properly handle and document cash
transactions and to maintain accurate records of cash transactions in order to protect the integrity
of department operations and ensure the public trust.
704.3 PETTY CASH FUNDS
The Port Orchard Police Department does not maintain a petty cash fund.
704.4 ROUTINE CASH HANDLING
Those who handle cash as part of their property or General Investigations Unit supervisor duties
shall discharge those duties in accordance with the Property and Evidence and Informants
policies.
All financial concerns such as billing or service fees are handled by the City's Finance Department.
704.5 OTHER CASH HANDLING
Members of the Department who, within the course of their duties, are in possession of cash that
is not their property or that is outside their defined cash -handling responsibilities shall, as soon as
practicable, verify the amount, summon another member to verify their accounting, and process
the cash for safekeeping or as evidence or found property, in accordance with the Property and
Evidence Policy.
Cash in excess of $1,000 requires immediate notification of a supervisor, special handling,
verification and accounting by the supervisor. Each member involved in this process shall
complete an appropriate report or record entry.
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Personal Protective Equipment
705.1 PURPOSE AND SCOPE
This policy identifies the different types of personal protective equipment (PPE) provided by the
Department as well the requirements and guidelines for the use of PPE.
This policy does not address ballistic vests or protection from communicable disease, as those
issues are addressed in the Body Armor and Communicable Diseases policies.
705.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious
workplace injuries or illnesses resulting from contact with chemical, radiological, physical,
electrical, mechanical or other workplace hazards.
Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres
where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of
toxic gases or other respiratory hazards.
705.2 POLICY
The Port Orchard Police Department endeavors to protect members by supplying certain PPE to
members as provided in this policy.
705.3 OFFICER RESPONSIBILITIES
Members are required to use PPE as provided in this policy and pursuant to their training.
Members are responsible for proper maintenance and storage of issued PPE. PPE should be
stored in an appropriate location so that it is available when needed.
Any member who identifies hazards in the workplace is encouraged to utilize the procedures in the
Accident, Illness and Injury Prevention Policy to recommend new or improved PPE or additional
needs for PPE.
705.4 HEARING PROTECTION
Approved hearing protection shall be used by members during firearms training.
Hearing protection shall meet or exceed the requirements provided in WAC 296-817-200.
705.5 EYE PROTECTION
Approved eye protection, including side protection, shall be used by members during firearms
training. Eye protection for members who wear prescription lenses shall incorporate the
prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure
their eye protection does not interfere with the fit of their hearing protection.
The Rangemaster shall ensure eye protection meets or exceeds the requirements provided in
WAC 296-800-16050.
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705.6 HEAD AND BODY PROTECTION
Members who make arrests or control crowds should be provided ballistic head protection with
an attachable face shield.
Padded body protection consisting of chest, arm, leg and groin protection should be provided as
required by any collective bargaining agreement.
705.7 RESPIRATORY PROTECTION
The Deputy Chief is responsible for ensuring a respiratory protection plan is developed and
maintained by a trained and qualified member. The plan shall include procedures for (WAC
296-842-12005):
(a) Selecting appropriate respiratory PPE based on hazards and risks associated with
functions or positions.
(b) Fit testing, including identification of members or contractors qualified to conduct fit
testing.
(c) Medical evaluations.
(d) PPE inventory control.
(e) PPE issuance and replacement.
(f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise
maintaining respiratory PPE, including schedules for these activities.
(g) Regularly reviewing the PPE plan.
(h) Remaining current with applicable National Institute for Occupational Safety and
Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety
and Health Administration (OSHA), Environmental Protective Agency (EPA) and state
PPE standards and guidelines.
See attachment: Port Orchard Police Department - Respiratory Protection Program
705.7.1 RESPIRATORY PROTECTION USE
Designated members may be issued respiratory PPE based on the member's assignment (e.g.,
a narcotics investigator who is involved in clandestine lab investigations).
Respiratory PPE may be worn when authorized by a scene commander who will determine the
type and level of protection appropriate at a scene based upon an evaluation of the hazards
present.
Scene commanders are responsible for monitoring members using respiratory PPE and their
degree of exposure or stress. When there is a change in work area conditions or when a member's
degree of exposure or stress may affect respirator effectiveness, the scene commander shall
reevaluate the continued effectiveness of the respirator and direct the member to leave the
respirator use area when the scene commander reasonably believes (WAC 296-842-18010):
(a) It is necessary for the member to wash his/her face and the respirator facepiece to
prevent eye or skin irritation associated with respirator use.
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(b) The member detects vapor or gas breakthrough, or there is a change in breathing
resistance or leakage of the facepiece.
(c) The member needs to replace the respirator, filter, cartridge or canister.
(d) The member needs to readjust his/her respirator.
(e) The member becomes ill.
(f) The member experiences sensations of dizziness, nausea, weakness, breathing
difficulty, coughing, sneezing, vomiting, fever or chills.
705.7.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION
Members shall not use self-contained breathing apparatus (SCBA), full -face respirators or
cartridge respirators unless they have completed training requirements for the equipment.
Members exposed to environments that are reasonably known to be harmful due to gases, smoke
or vapors shall use respiratory PPE.
Members using respiratory PPE shall (WAC 296-842-18005):
(a) Ensure that they have no facial hair between the sealing surface of the facepiece and
the face that could interfere with the seal or the valve function. Members also shall
ensure that they have no other condition that will interfere with the face-to-facepiece
seal or the valve function.
(b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of
the facepiece to the face, or that has not been previously tested for use with that
respiratory equipment.
(c) Perform a user seal check per department -approved procedures recommended by
the respirator manufacturer each time they put on a tight -fitting respirator.
(d) Leave a respiratory use area whenever they detect vapor or gas breakthrough,
changes in breathing resistance or leakage of their facepiece and ensure that the
respirator is replaced or repaired before returning to the affected area.
705.7.3 GAS MASK
Full -face air -purifying respirators, commonly referred to as gas masks, may be fitted with
mechanical pre -filters or combination cartridge/filter assemblies for use in areas where gases,
vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge
based on the circumstances:
A scene commander may order the use of gas masks in situations where the use of a SCBA is
not necessary. These incidents may include areas where tear gas has or will be used or where
a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen -
deficient atmosphere.
Members shall ensure their gas mask filters are replaced whenever:
(a) They smell, taste or are irritated by a contaminant.
(b) They experience difficulty breathing due to filter loading.
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(c) The cartridges or filters become wet.
(d) The expiration date on the cartridges or canisters has been reached.
705.7.4 SELF-CONTAINED BREATHING APPARATUS
Scene commanders may direct members to use SCBA when entering an atmosphere that may
pose an immediate threat to life, would cause irreversible adverse health effects or would impair
an individual's ability to escape from a dangerous atmosphere. These situations may include, but
are not limited to:
(a) Entering the hot zone of a hazardous materials incident.
(b) Entering any area where contaminant levels may become unsafe without warning, or
any situation where exposures cannot be identified or reasonably estimated.
(c) Entering a smoke- or chemical -filled area.
The use of SCBA should not cease until approved by a scene commander.
705.7.5 RESPIRATOR FIT TESTING
No member shall be issued respiratory PPE until a proper fit testing has been completed by a
designated member or contractor (WAC 296-842-15005).
After initial testing, fit testing for respiratory PPE shall be repeated (WAC 296-842-15005):
(a) At least once every 12 months.
(b) Whenever there are changes in the type of SCBA or facepiece used.
(c) Whenever there are significant physical changes in the user (e.g., obvious change in
body weight, scarring of the face seal area, dental changes, cosmetic surgery or any
other condition that may affect the fit of the facepiece seal).
(d) Whenever there is an indication that the respirator fit is unacceptable.
All respirator fit testing shall be conducted in negative -pressure mode.
705.7.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE
No member shall be issued respiratory protection that forms a complete seal around the face until
(WAC 296-842-14005; WAC 296-842-22005):
(a) The member has completed a medical evaluation that includes a medical evaluation
questionnaire.
(b) A physician or other licensed health care professional has reviewed the questionnaire.
(c) The member has completed any physical examination recommended by the reviewing
physician or health care professional.
705.8 RECORDS
The Human Resources Coordinator is responsible for maintaining records of all:
(a) Initial fit testing for respiratory protection equipment.
(b) Annual fit testing.
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(c) Respirator medical evaluation questionnaires and any subsequent physical
examination results.
(d) These records shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the department records retention schedule
and WAC 296-842-12010.
705.9 TRAINING
Members should be trained in the respiratory and other hazards to which they may be potentially
exposed during routine and emergency situations.
All members shall be trained in the proper use and maintenance of PPE issued to them, including
when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE;
and the limitations (WAC 296-800-16025).
Members issued respiratory PPE shall attend annual training on the proper use of respiratory
protection devices (WAC 296-842-16005). The Administrative Services Division is responsible for
maintaining all training records.
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Chapter 8 - Administrative Services
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Crime Analysis
800.1 PURPOSE AND SCOPE
Crime analysis should provide currently useful information to aid operational personnel in meeting
their tactical crime control and prevention objectives by identifying and analyzing methods of
operation of individual criminals, providing crime pattern recognition, and providing analysis of data
from field interrogations and arrests. Crime analysis can be useful to the Department's long range
planning efforts by providing estimates of future crime trends and assisting in the identification of
enforcement priorities.
800.2 DATA SOURCES
Crime analysis data is extracted from many sources including, but not limited to:
• Crime reports
• Field Interview cards
• Parole and Probation records
• Computer Aided Dispatch data
• SECTOR data
800.3 CRIME ANALYSIS FACTORS
The following minimum criteria should be used in collecting data for Crime Analysis:
• Frequency by type of crime
• Geographic factors
• Temporal factors
• Victim and target descriptors
• Suspect descriptors
• Suspect vehicle descriptors
• Modus operandi factors
• Physical evidence information
800.4 CRIME ANALYSIS DISSEMINATION
For a crime analysis system to function effectively, information should be disseminated to the
appropriate units or persons on a timely basis. Information that is relevant to the operational and
tactical plans of specific line units should be sent directly to them. Information relevant to the
development of the Department's strategic plans should be provided to the appropriate staff units.
When information pertains to tactical and strategic plans, it should be provided to all affected units.
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Property and Evidence
801.1 PURPOSE AND SCOPE
This policy provides for the proper collection, storage, and security of evidence and other property.
Additionally, this policy provides for the protection of the chain of evidence and those persons
authorized to remove and/or destroy property.
801.1.1 DEFINITIONS
Property - Includes all items of evidence, items taken for safekeeping and found property.
Evidence - Includes items taken or recovered in the course of an investigation that may be used
in the prosecution of a case. This includes photographs and latent fingerprints.
Safekeeping - Includes the following types of property:
• Property obtained by the Department for safekeeping, such as a firearm
• Personal property of an arrestee not taken as evidence
• Property taken for safekeeping under authority of a law
Found Property - Includes property found by an employee or citizen that has no apparent
evidentiary value and where the owner cannot be readily identified or contacted.
801.2 POLICY
It is the policy of the Port Orchard Police Department to process and store all property in a manner
that will protect it from loss, damage, or contamination, while maintaining documentation that
tracks the chain of custody, the location of property, and its disposition.
801.3 HANDLING PROPERTY PRIOR TO SUBMITTAL
(a) It is the duty of all employees to properly care for, control, transport, and process all
evidence or property which comes into their possession in the course of their official
duties.
(b) Generally, the employee who first comes into possession of any property, shall retain
such property in his/her possession until it is properly tagged and placed in the
designated property locker along with the property form.
(c) On occasion, it may be necessary to transfer the property to another officer for entering
into the Property and Evidence system. It is the responsibility of the officer who
collected the evidence to ensure the officer receiving the property understands all
necessary information regarding the property and assumes full responsibility upon
transfer.
(d) A written incident report is required, detailing the circumstances by which the property
came into the Port Orchard Police Department's possession, where and how the
item(s) were obtained and the name of the legal owner if known.
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(e) Care shall be taken to maintain the chain of custody for all evidence. All transfers of
custody will be appropriately documented in the case report and the computerized
tracking system (Evidence-on-Q).
(f) Where ownership can be established as to found property with no apparent evidentiary
value, such property may be released to the owner in the field without the need for
placing it into the Property and Evidence system.
(g) Department employees will not, under any circumstances, convert to their own use,
loan, or give away any item of property coming into their possession in the course of
their official duties.
801.3.1 PROPERTY BOOKING PROCEDURE
All property must be booked into evidence prior to the employee going off duty. Employees booking
property shall observe the following guidelines:
(a) Follow the guidelines for packaging and labeling property as provided in the Packaging
Manual.
(b) Complete the Evidence-on-Q property entry describing each item of property
separately, listing all serial numbers, owner's name, finder's name, and other
identifying information or markings.
(c) All serial numbers or other identifying criteria will be recorded on the property report
and will be queried for stolen ownership status prior to submittal.
(d) Secure property to a submittal locker appropriate for the item in accordance with the
packaging manual. When keyed lockers (i.e., evidence refrigerator, oversized bins)
are used to place evidence, the keys will be deposited in the evidence locker drop slot.
Locker keys are not to be removed from the facility.
(e) Right of Refusal: Items not properly packaged, tagged, labeled, or itemized will not be
accepted into the property/evidence room. These items will be placed in the secure
pass -back locker. The submitting officer will be notified via Department email to correct
any problems with such items and be provided with a temporary code to access the
pass -back locker. Once the status of the items has been corrected, they are to be
placed into any other evidence locker. The officer must resolve the issue on their first
shift returning to duty. A courtesy copy of the notification email will be provided to the
officer's supervisor and the Office Manager.
(f) When the property is too large to be placed in a locker, officers shall contact
appropriate evidence personnel to respond and process accordingly. An exception
may be made for large items that have no evidentiary value and are not high -risk or
high -value (i.e. firearms, narcotics, valuables).
801.3.2 NARCOTICS AND DANGEROUS DRUGS
All narcotics and dangerous drugs shall be booked separately.
Narcotics and dangerous drugs shall be weighed using a calibrated scale whenever a member
enters or leaves the secured facility with the item unless the narcotics or dangerous drugs are
being prepared for destruction.
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The weight of the narcotics, and the packaged weight, shall be noted in Evidence-on-Q.
801.3.3 EXPLOSIVES
Officers who encounter a suspected explosive device shall promptly notify their immediate
supervisor or the Shift Supervisor. The Bomb Squad will be called to handle explosive -related
incidents and will be responsible for the handling, storage, sampling, and disposal of all suspected
explosives.
Explosives, including fireworks, will not be retained in the police facility.
801.3.4 EXCEPTIONAL HANDLING
Certain property items require a separate process. The following items shall be processed in the
described manner:
(a) Bodily fluids such as blood or semen stains shall be air-dried prior to booking.
(b) All bicycles and bicycle frames require a property record. Property tags will be securely
attached to each bicycle or bicycle frame. The property may be released directly to the
property and evidence technician, or placed in the processing room until a property
and evidence technician can log the property.
(c) All cash shall be counted in the presence of another member and the envelope initialed
by the booking officer and the other member. The Shift Supervisor shall be contacted
for cash in excess of $1,000 for special handling procedures.
City property, unless connected to a known criminal case, should be released directly to the
appropriate City department. No formal booking is required. In cases where no responsible person
can be located, the property should be booked for safekeeping in the normal manner.
801.3.5 STORAGE OF SURRENDERED FIREARMS
Officers shall accept and store a firearm from any individual who has surrendered firearms
under RCW 9.41.800 (Surrender of weapons), the Extreme Risk Protection Order Act, after
being detained under RCW 71.05.150 or RCW 71.05.153, or after sentencing pursuant to RCW
10.99.100. The officer receiving the firearm shall:
(a) Record the individual's name, address, and telephone number.
(b) Record the firearm's serial number.
(c) Record the date that the firearm was accepted for storage.
(d) Prepare a property receipt form and provide a copy to the individual who surrendered
the firearm.
(a) If the firearm was surrendered pursuant to the Extreme Risk Protection Order
Act, the original receipt should be forwarded promptly to the Police Services
Coordinator for timely filing with the court (RCW 7.105.340).
(e) Document the condition of the surrendered firearm in a case report with supported
digital photograph(s).
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The property and evidence technician shall handle and store firearms surrendered pursuant
to a civil protection order to prevent damage or degradation in appearance or function and
document the condition of the surrendered firearms including by taking a digital photograph (RCW
7.105.340). The property and evidence technician shall verify the serial number(s) and that digital
photographs have been taken.
801.3.6 FOUND PROPERTY
Found property surrendered to the Department shall be handled as required by RCW 63.21.050.
801.4 PACKAGING OF PROPERTY
Certain items require special consideration and shall be booked separately as follows:
(a) Narcotics and dangerous drugs.
(b) Firearms (ensure they are unloaded and booked separately from ammunition).
(c) Property with more than one known owner.
(d) Contraband.
801.4.1 PACKAGING CONTAINER
Employees shall package all property, except narcotics and dangerous drugs in a suitable
container available for its size. Knife boxes should be used to package knives, and syringe tubes
should be used to package syringes and needles if necessary.
A property label shall be securely attached to the outside of all items or group of items packaged
together.
801.4.2 PACKAGING NARCOTICS
The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession
until it is properly weighed, packaged, tagged, and placed in the designated evidence locker,
accompanied by a copy of the property record. Prior to packaging and if the quantity allows, a
presumptive test may be made on all suspected narcotics with supervisory approval. If conducted,
the results of this test shall be included in the officer's report.
Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available
in the processing room. The booking officer shall initial the sealed envelope across the evidence
seal. Narcotics and dangerous drugs shall not be packaged with other property. Narcotics and
dangerous drugs shall be weighed twice; once prior to being packaged, and then again after being
fully packaged and sealed in the envelope. Both weights must be written on the packaging and
described in the officer's report.
A completed property tag shall be attached to the outside of the container.
801.5 RECORDING OF PROPERTY
The property and evidence technician receiving custody of evidence or property shall record his/
her signature, the date and time the property was received and where the property will be stored
in Evidence on Q..
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A property number shall be obtained for each item or group of items. This number shall be recorded
on the property tag and in Evidence On Q.
Any changes in the location of property held by the Port Orchard Police Department shall be noted
in Evidence on Q.
801.6 PROPERTY CONTROL
It is the responsibility of the property/evidence room staff to manage and control all property
directed to them. Property will be stored, retrieved, released, disposed of, and all changes in
custody properly and fully documented according to the policies and procedures outlined within
this policy.
Each time the property/evidence room staff receive property, change its location in the property
room or releases property to another person, he/she shall enter this information in the
computerized property control system (Evidence-on-Q) to maintain the chain of custody.
A bar code label will be generated for each item of property and attached to the item. The system
records the movement of every piece of property by date, location, reason, and person.
Drugs are weighed using a Department -provided calibrated scale whenever they enter or leave
the property.
801.6.1 RESPONSIBILITY OF OTHER PERSONNEL
Every time property is released or received, an appropriate entry shall be completed in Evidence
on Q to maintain the chain of possession. No property or evidence is to be released without first
receiving written authorization from a supervisor.
Requests for analysis shall be submitted to the property and evidence technician by department
email. These requests may be made any time after the booking of the property or evidence.
801.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY
The transporting employee will check the evidence out of property, indicating the date and time
in Evidence on Q and the request for laboratory analysis.
The property and evidence technician releasing the evidence must complete the required
information in Evidence on Q. The lab forms will be transported with the property to the examining
laboratory. Upon delivering the item involved, the officer will record the delivery time on both
copies, and indicate the employee to whom it was delivered. The original copy of the lab form will
remain with the evidence and the copy will be returned to the Records Unit for filing with the case.
If the evidence is mailed to the lab, the property and evidence technician shall ensure it is shipped
by certified mail or other trackable method.
801.6.3 TEMPORARY RELEASE OF PROPERTY
Temporary removal of property may be requested at any time after submitting the property; all
requests shall be made using a Department email. Temporary release of property to officers for
investigative purposes, or for court, shall be noted within the evidence tracking system (Evidence -
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on-Q), stating the date, time and to whom released in order to appropriately document the chain
of evidence Officers desiring property for court shall contact the property/evidence room staff at
least 48 hours prior to the court day.
The Evidence Custodian shall obtain the signature of the person to whom property is released, and
the reason for release. Any employee receiving property shall be responsible for such property
until it is properly returned to property or properly released to another authorized person or entity.
The return of the property should be recorded within the evidence tracking system (Evidence-on-
Q), indicating date, time, and the person who returned the property.
801.6.4 AUTHORITY TO RELEASE PROPERTY
No property or evidence is to be disposed of or released without first receiving written authorization
from the court, prosecutor, or a supervisor.
801.6.5 RELEASE OF PROPERTY
The Port Orchard Police Department shall make every effort to return personal property that is in
the possession of this department when such property is not considered evidence of a crime or is
no longer needed as evidence. In such cases, the property and evidence technician shall make
a reasonable attempt to identify the lawful owner and provide written notice via US Mail within 15
days after the property is authorized to be released.
If the property remains unclaimed beyond sixty days after the initial written notice to the property
owner, or, in the case of property held as evidence, sixty days from the date when the case has
been finally adjudicated and the property has been released as evidence by order of the court,
the Department may (RCW 63.32.010; RCW 63.40.010):
(a) At any time thereafter sell the property at public auction to the highest and best bidder
for cash. The disposition of all proceeds from such auctions shall be accounted for
and recorded according to law (RCW 63.32.030; RCW 63.40.030).
(b) Retain the property for the use of the Department subject to giving notice in the manner
prescribed in RCW 63.32.020 or RCW 63.40.020 and the right of the owner, or the
owner's legal representative, to reclaim the property within one year after receipt of
notice, without compensation for ordinary wear and tear if, in the opinion of the Chief
of Police, the property consists of firearms or other items specifically usable in law
enforcement work, provided that at the end of each calendar year during which there
has been such a retention, the Department shall provide the City's elected body and
retain for public inspection a list of such retained items and an estimation of each item's
replacement value. At the end of the one-year period any unclaimed firearm shall be
disposed of pursuant to RCW 9.41.098(2).
(c) Destroy an item of personal property at the discretion of the Chief of Police if the Chief
of Police determines that all of the following circumstances have occurred:
1. The property has no substantial commercial value, or the probable cost of sale
exceeds the value of the property
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2. The item has been unclaimed by any person after notice procedures have been
met, as prescribed in this section
3. The Chief of Police has determined that the item is unsafe and unable to be
made safe for use by any member of the general public.
If the item is not unsafe or illegal to possess or sell, it may, after satisfying the notice requirements
as prescribed in RCW 63.32.020 or RCW 63.40.020, be offered by the Chief of Police to bona
fide dealers, in trade for law enforcement equipment. Such equipment shall be treated as retained
property for the purpose of annual listing requirements of the RCW. Such items may be destroyed
at the discretion of the Chief of Police if the Chief of Police believes that it has been, or may be
used in a manner that is illegal (RCW 63.32.010; RCW 63.40.010).
The property and evidence technician shall release the property upon proper identification being
presented by the owner for which an authorized release has been received. A signature of the
person receiving the property shall be recorded on the original property form. After release of all
property entered on the property control card, the card shall be forwarded to the Records Unit
for filing with the case. If some items of property have not been released the property card will
remain with the Property and Evidence Unit. Upon release, the proper entry shall be documented
in the Property Log.
801.6.6 DISPUTED CLAIMS TO PROPERTY
Occasionally more than one party may claim an interest in property being held by the Department,
and the legal rights of the parties cannot be clearly established. Such property shall not be released
until one party has obtained a valid court order or other undisputed right to the involved property.
All parties should be advised that their claims are civil and in extreme situations, legal counsel for
the Department may wish to file an interpleader to resolve the disputed claim.
801.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS
The Property and Evidence Unit will be responsible for the storage, control, and destruction of all
narcotics and dangerous drugs coming into the custody of this department.
The property and evidence technician shall complete a visual inspection to detect possible
tampering for any narcotic or dangerous drug prior to destruction. The inspection shall be
witnessed by another member who does not have access to the evidence room.
801.6.8 PROPERTY DEPICTING A MINOR ENGAGED IN SEXUALLY EXPLICIT CONDUCT
No property or material that depicts a minor engaged in sexually explicit conduct shall be copied,
photographed, or duplicated. Such material shall remain under the control of this department or the
court and shall be made reasonably available for inspection by the parties to a criminal proceeding
involving the material. The defendant may only view these materials while in the presence of his/
her attorney or an individual appointed by the court either at this department or a neutral facility
as approved by the court (RCW 9.68A.170). Any request for inspecting such material should be
brought to the attention of the assigned investigator or an investigation supervisor.
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801.6.9 DESTRUCTION OF NARCOTICS OR CONTRABAND
The General Investigations Deputy Chief or the authorized designee shall establish procedures
for the safe destruction of narcotics and dangerous drugs, contraband, and other illegal items.
Documentation of destruction shall be maintained in accordance with the established records
retention schedule.
801.7 DISPOSITION OF PROPERTY
All personal property, other than vehicles governed by Chapter 46.52 RCW, not held for evidence
in a pending criminal investigation or proceeding, and held for 60 days or longer where the owner
has not been located or fails to claim the property, may be disposed of in compliance with existing
laws upon receipt of proper authorization for disposal. The property and evidence technician
should request a disposition or status on all property which has been held in excess of 60 days,
and for which no disposition has been received from a supervisor or detective (RCW 63.32.010;
RCW 63.40.010).
801.7.1 BIOLOGICAL EVIDENCE
The property and evidence technician shall ensure that no biological evidence held by the
Department is destroyed without adequate notification to the following persons, when applicable:
(a) The defendant
(b) The defendant's attorney
(c) The appropriate prosecutor and Attorney General
(d) Any sexual assault victim
(e) The Deputy Chief.
Biological evidence shall be retained for a minimum period established by Washington law (RCW
5.70.010) or the expiration of any sentence imposed related to the evidence, whichever time period
is greater. Following the retention period, notifications should be made by certified mail and should
inform the recipient that the evidence will be destroyed after a date specified in the notice unless
a motion seeking an order to retain the sample is filed and served on the Department within 90
days of the date of the notification. A record of all certified mail receipts shall be retained in the
appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence
should be retained in the appropriate file and a copy forwarded to the Deputy Chief.
Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed
with the written approval of the Chief of Police and the head of the applicable prosecutor's office.
Biological evidence from an unsolved crime shall not be disposed of prior to expiration of the
statute of limitations (RCW 5.70.010). Even after expiration of the applicable statute of limitations,
the Deputy Chief should be consulted.
801.7.2 PROPERTY CONVERTED TO DEPARTMENT USE
Property may be converted to Port Orchard Police Department use in accordance with RCW
63.32.010 with written authority of the Chief of Police. At the end of each calendar year during
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which there has been such a retention and conversion of property to the Police Department use,
the Police Department shall provide the Mayor or City Council, and retain for public inspection, a
list of all retained items and an estimation of each item's replacement value.
801.7.3 SEXUAL ASSAULT KITS
Unreported sexual assault kits shall be stored and preserved for 20 years from the date of
collection (RCW 5.70.030).
801.7.4 RETURN OF FIREARMS
Prior to the return of a privately owned firearm, the property and evidence technician shall ensure
confirmation of the following (RCW 9.41.345):
(a) The individual to whom the firearm is to be returned is the individual from whom the
firearm was obtained, an authorized representative of the individual, or other person
identified by a court order
(b) The individual is eligible to possess a firearm pursuant to RCW 9.41.080
(c) The firearm is not required to be held in custody or prohibited from release
(d) Five business days have elapsed from the time the firearm was obtained by law
enforcement
If a firearm or dangerous weapon was surrendered or lawfully seized pursuant to a protection
order issued under RCW 9.41.800 and is to be returned to a person other than the individual
from whom the firearm or dangerous weapon was obtained, the property and evidence technician
shall determine that the person is the lawful owner and obtain a written agreement, signed by the
lawful owner under the penalty of perjury, that the firearm or dangerous weapon will be stored in
a manner to prevent the individual from whom the firearm or dangerous weapon was obtained,
from accessing, controlling, or possessing the firearm or dangerous weapon (RCW 9.41.801).
Upon confirmation that the individual is eligible to possess a firearm and any applicable
notifications are complete, the firearm shall be released to the individual or authorized
representative upon request without unnecessary delay.
If a firearm cannot be returned because it is required to be held in custody or is otherwise prohibited
from release, written notice shall be provided to the individual within five business days of the date
the individual requested the return of the firearm. The written notice shall include the reason the
firearm must remain in custody.
Firearm(s) used in an attempted or completed suicide will be maintained for a minimum of 30
days and marked as safekeeping. This period will ensure the department has time to comply with
RCW 9.41.345 before releasing the firearm(s) to the registered owner, and that no further criminal
investigation is necessary. Furthermore, it provides law enforcement and family members time to
pursue an Extreme Risk Protection Order (ERPO) if there is a need. After the 30-day period has
elapsed, the firearm(s) will only be released to an individual with lawful authority over the property.
Should the next of kin request the release of the firearm(s), a will or letter of testamentary to take
possession of the firearm(s) must be provided to the department. Any release of a firearm(s) will be
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authorized by the Chief of Police or their designee. Should the 30-day mark pass, and the owner or
next of kin has not pursued the return, the department will send a 60-day Owner Notification Letter.
If the 60-day timeframe has lapsed without contact by an owner, the property shall be considered
abandoned and will be destroyed per RCW 63.32.010. As the firearm(s) are not involved in a
specific crime, and a biohazard is potentially present, no IBIS tests will be completed.
801.7.5 DISPOSITION REPORTING
The Police Services Coordinator, or designee, will provide an annual written report to the Chief of
Police on the number of items cleared during the prior year.
801.7.6 RELEASE OF FIREARMS AFTER EMERGENCY DETENTION
Firearms surrendered pursuant to RCW 71.05.182 (surrender of firearms after emergency
detention) shall be returned in compliance with the provisions of RCW 9.41.345 as long as the six-
month suspension period has expired or the person's right to possess firearms has been restored,
whichever is sooner (RCW 71.05.182).
801.7.7 RELEASE OF FIREARMS IN EXTREME RISK PROTECTION ORDER MATTERS
If an extreme risk protection order is terminated or expires without renewal, a firearm taken or
surrendered pursuant to the order shall be returned to the person after (RCW 7.105.345):
(a) Confirming through a background check that the person is currently eligible to possess
the firearm under federal and state law.
(b) Confirming with the court that the extreme risk protection order is no longer in effect.
(c) Notice has been provided to a family or household member who requested notification.
If an individual other than the restrained person claims title to any firearms surrendered or taken
into custody, and that individual is determined to be the lawful owner and a lawful possessor of
the firearm, the firearm shall be returned to that individual provided that the individual agrees to
store the firearm in a manner that prevents the restrained person from access (RCW 7.105.340).
801.7.8 NOTIFICATION FOR FIREARM RETURN
If notification has been requested or is required pursuant to RCW 9.41.340, it shall be made to the
following individuals by established department protocols within one business day of verification
that the firearm is eligible to be returned (RCW 9.41.340):
(a) To a family or household member, or an intimate partner who has requested
notification.
(b) To any person identified in a no -contact order, restraining order, protection order, or
any identified victim of the crime that resulted in the firearm surrender.
Once notification is made, the firearm shall be held for five business days from the time notification
has been provided or the information has been entered into the appropriate databases (RCW
9.41.345).
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801.7.9 MARIJUANA AND PRESCRIPTION MEDICATION COLLECTED BY STAFF: NON -
EVIDENTIARY
Marijuana and prescription medication will not be returned when they are collected as personal
property unless pursuant to a court order. These collections usually occur due to a subject who
is in the lawful possession of marijuana and/or prescription medication at the time of arrest being
subsequently transported to a jail facility. Employees who come into possession of marijuana and/
or prescription medication in this manner will need to complete an evidence entry and designate
the marijuana and/or prescription medication for destruction in 90 days unless the Port Orchard
Police Department receives a court order directing the return of the marijuana and/or prescription
medication before the expiration of 90 days.
Officers should consider advising arrestees of this policy and allow them to leave marijuana and/
or prescription medication that they lawfully possess under State law at home, in their vehicle, or
with another person who may lawfully possess the marijuana and/or prescription medication, to
avoid having to place these items into property/evidence for destruction.
801.7.10 REPORT OF CLEARED PROPERTY
The property and evidence technician shall provide an annual written report to the Chief of Police
on the number of items cleared (e.g., released, returned, disposed of, otherwise removed from
the control of the Property and Evidence Unit) during the prior year.
801.7.11 DISPOSITION OF FIREARMS FROM BUYBACK PROGRAMS
The Administrative Services Deputy Chief should develop procedures for the department's
handling of firearms obtained from a firearm buyback program, including, at a minimum (RCW
9.41.098):
(a) Destroying firearms, except as limited by RCW 9.41.098.
(b) Returning relinquished firearms that are verified to be stolen to the rightful owner.
(c) Determining whether any relinquished firearms have been used in the commission of
a crime and retaining and storing such firearms until no longer needed for investigation
or evidence purposes.
801.8 INSPECTIONS, AUDITS, AND INVENTORIES OF THE EVIDENCE ROOM
The Deputy Chief shall arrange for routine and/or unannounced inspections and audits of the
property and evidence room to ensure adherence to appropriate policies and procedures. Audits
and inspections should examine the following areas:
(a) The property room is maintained in a clean and orderly fashion.
(b) The integrity of the system and evidentiary value of the property is being maintained.
(c) Established procedures are being followed.
(d) Proper accountability procedures are being maintained.
(e) Property having no further evidentiary value is being disposed of promptly.
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At least annually, an audit of evidence held by the department shall be conducted by the Deputy
Chief, or a designee not routinely or directly connected with evidence control. Based on staffing
limitations, the audit should be conducted by an employee not directly in the Property Room chain
of command and at a minimum will cover a sampling of sensitive items including drugs, money,
jewelry, and firearms. The scope of the audit will be directed by the Chief of Police.
A report will be submitted up the chain of command following each audit. Any deficiencies will be
corrected within a reasonable period of time, and a report addressing the fixes will accompany
the inspection records.
Whenever a new employee is assigned to the property room, a complete inventory of the property
room will be conducted. This inventory will be conducted jointly by the newly assigned employee
and a designee of the Chief of Police to ensure the records are correct and all property is accounted
for. Any discrepancies should be recorded prior to the assumption of accountability by the new
employee.
At the discretion of the Chief of Police, a complete inventory of the property room may be
conducted at any time.
801.9 PROPERTY AND EVIDENCE UNIT SECURITY
Access to the Property and Evidence Unit is restricted to authorized department personnel only.
It shall be the responsibility of the property and evidence technician to control all access to the
Property and Evidence Unit.
The property and evidence technician shall maintain a log of all persons entering the secured
area of the Property and Evidence Unit. Personnel, other than those assigned to the Property and
Evidence Unit, who have legitimate business in the secured area will be required to record their
name, the date, time, and purpose for entry.
801.9.1 CONTROLS AND ALARMS
The Property and Evidence Unit permanent storage areas shall have controls to keep property
protected from unauthorized entry, fire, moisture, extreme temperature, and pests. Alarms for
unauthorized entry and fire shall be monitored at all times.
801.10 STATE CRIME LAB GUIDELINES
In addition to the content outlined in this policy, the Department shall follow the Washington State
Patrol Crime Lab guidelines for the proper collection and identification of evidence and property.
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802.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Port Orchard Police
Department Records Unit. The policy addresses department file access and internal requests for
case reports.
802.2 POLICY
It is the policy of the Port Orchard Police Department to maintain department records securely,
professionally, and efficiently.
802.3 FILE ACCESS AND SECURITY
The security of files in the Records Unit must be a high priority and shall be maintained as
mandated by state or federal law. All case reports including but not limited to initial, supplemental,
follow-up, evidence, and any other reports related to a police department case, shall be maintained
securely and accessible only by authorized members of the Records Unit.
The Records Unit will also maintain a secure file for case reports deemed by the Chief of Police
as sensitive or otherwise requiring extraordinary access restrictions.
802.3.1 ORIGINAL CASE REPORTS
Generally, original case reports shall not be removed from the Records Unit. Should an original
case report be needed for any reason, the requesting department member shall first obtain
authorization from a member of the Records Unit. All original case reports removed from the
Records Unit shall be recorded on a designated report check-out log, which shall be the only
authorized manner by which an original case report may be removed from the Records Unit.
802.3.2 RECORDS CONCERNING JUVENILES
The Police Services Coordinator shall be responsible for the destruction of juvenile records in
accordance with RCW 13.50.270, including the following circumstances:
• Upon receiving notification from the juvenile court that specific records should be
destroyed.
• Upon receiving notification from the Office of the Governor that a specific juvenile has
received a full and unconditional pardon, the Police Services Coordinator shall ensure
that all records pertaining to that juvenile are destroyed within 30 days.
802.4 USE OF A CENTRAL COMPUTERIZED ENFORCEMENT SERVICE SYSTEM
(ACCESS)
ACCESS is a computer -controlled communications system located at the WSP Information
Technology Division. ACCESS provides service to all the state and national information systems.
The Chief of the WSP is vested with the authority to administer all operating phases of ACCESS
and the Washington Crime Information Center (WACIC). There are specific requirements for
agencies accessing the information in the group of computer systems in ACCESS.
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802.4.1 ACCESS USE REQUIREMENTS
No member of the Port Orchard Police Department shall operate any of the ACCESS systems
without first complying with the training requirements as listed in the ACCESS manual.
802.4.2 ACCESS REQUIREMENTS
As an authorized ACCESS user, the Port Orchard Police Department complies with all of the
following ACCESS requirements:
• Warrant entry
• Receiving information from outside agencies
• Recording information
• Verifying information
• Canceling information
• Providing 24-hour access to agency warrants
It is the responsibility of the Police Services Coordinator to ensure that all ACCESS computer and
network security requirements are in place and operational.
802.4.3 ACCESS AUDITS
The department's ACCESS security and usage is subject to periodic state and federal audits. The
department will comply with findings resulting from these audits to ensure a secure environment
for transmission of ACCESS data.
802.5 RESPONSIBILITIES
802.5.1 POLICE SERVICES COORDINATOR
The Chief of Police shall appoint and delegate certain responsibilities to a Police Services
Coordinator. The Police Services Coordinator shall be directly responsible to the Administrative
Services Deputy Chief or the authorized designee. The responsibilities of the Police Services
Coordinator include, but are not limited to:
(a) Ensuring the efficient and effective operation of the Records Unit.
(b) Scheduling and maintaining Records Unit time records.
(c) Maintaining and updating a Records Unit procedure manual.
(d) Ensuring compliance with established policies and procedures.
(e) Supervising the access, use, and release of protected information (see the Protected
Information Policy).
(f) Establishing security and access protocols for case reports designated as sensitive
where additional restrictions to access have been implemented. Sensitive reports may
include, but are not limited to:
1. Homicides
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2. Cases involving department members or public officials
3. Any case where restricted access is prudent
802.5.2 RECORDS UNIT
The responsibilities of the Records Unit include, but are not limited to:
(a) Maintaining a records management system for case reports.
1. The records management system should include a process for numbering,
identifying, tracking, and retrieving case reports.
(b) Entering case report information into the records management system.
1. Modification of case reports shall only be made when authorized by a supervisor.
(c) Providing members of the Department with access to case reports when needed for
investigation or court proceedings.
(d) Maintaining compliance with federal, state, and local regulations regarding reporting
requirements of crime statistics.
(e) Maintaining compliance with federal, state, and local regulations regarding criminal
history reports and auditing.
(f) Identifying missing case reports and notifying the responsible member's supervisor.
(g) Establishing a process for collecting and submitting data to appropriate federal
data collection authorities (e.g., FBI National Use -of -Force Data Collection, U.S.
Department of Justice's National Law Enforcement Accountability Database), as
applicable, for the following types of occurrences:
1. Officer suicides
2. Officer misconduct
3. Uses of force
4. Officer deaths or assaults
5. Crime incidents
6. Deaths in custody
(h) Providing UCR/NIBRS reports to the Washington Association of Sheriffs and Police
Chiefs on a regular basis.
(i) Entering the required information, to the extent known, in the National Crime
Information Center (NCIC) database for any report of a lost or stolen firearm (Chapter
286, § 1, 2024 Laws).
802.6 OFFICER SAFETY ADVISORIES
A Violent Person File (VPF) database is maintained by the NCIC and is intended to provide
protection to police, corrections, or other criminal justice officers. Individuals who represent a
potential threat to officers may be entered into ACCESS when they have previously exhibited
assaultive or threatening behavior during contacts by law enforcement.
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To qualify for entry, one or more of the following conditions must be met (ACCESS Operations
Manual Chapter 33-3 II, C):
(a) The offender has been convicted for assault or murder/homicide of a law enforcement
officer, fleeing, resisting arrest, or any such statute that involves violence against law
enforcement.
(b) The offender has been convicted of a violent offense against a person to include
homicide and attempted homicide.
(c) The offender has been convicted of a violent offense against a person where a firearm
or weapon was used.
(d) A law enforcement agency, based on its official investigatory duties, reasonably
believes that the individual has seriously expressed the intent to commit an act
of unlawful violence against a member of the law enforcement or criminal justice
community.
Officers who encounter a person who they believe is a threat to officer safety should submit a
report detailing the circumstances of the contact and nature of the threat for entry as an Officer
Safety Advisory.
All Officer Safety Advisories are subject to approval by the Chief of Police or the authorized
designee.
Once approved, the Records Unit is responsible for making the appropriate entry into ACCESS.
Whenever an Officer Safety Advisory is initiated by the Port Orchard Police Department, it is
the responsibility of the Police Services Coordinator to ensure that a copy of the supporting
documentation and the authorized statement signed by the Chief of Police are maintained in
a separate file. Supporting documentation may include the crime report, officer's supplemental
report, mental health report, or other similar documentation.
802.7 RECORDS RETENTION
Authority for records retention lies with the Secretary of State's Office, which publishes records
retention schedules for various types of public records. The Department maintains its records
for at least the minimum time specified in the Local Government Common Records Retention
Schedule (CORE). Retention beyond the legal limitation minimum will be based on the continuing
need for the document.
802.8 COURT ORDERS
The Police Services Coordinator shall see that no -contact orders received from the court are
entered into the WACIC or other applicable criminal intelligence information system for one year
or until the expiration date specified on the order. Upon receipt of notice that an order has been
terminated, the Police Services Coordinator shall see that the order is removed from the applicable
system (RCW 9A.40.102; RCW 9A.40.104; RCW 9A.40.106).
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The Police Services Coordinator should ensure that court orders for the surrender and prohibition
of weapons and the revocation of any concealed pistol license are immediately entered into the
appropriate databases (RCW 9.41.800).
802.9 CONFIDENTIALITY
Records Unit staff has access to information that may be confidential or sensitive in nature.
Records Unit staff shall not access, view, or distribute, or allow anyone else to access, view,
or distribute any record, file, or report, whether in hard copy or electronic file format, or any
other confidential, protected, or sensitive information except in accordance with the Records
Maintenance and Release and Protected Information policies and the Records Unit procedure
manual.
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803.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of department records. Protected
information is separately covered in the Protected Information Policy.
803.1.1 INTEGRATION WITH CITY POLICY
In addition to this policy, the Police Department will follow the City of Port Orchard Public Records
Act Policy. If any conflict exists between this policy and City policy, City policy shall prevail. Any
such conflict should immediately be brought to the attention of the Police Services Coordinator.
803.2 POLICY
The Port Orchard Police Department is committed to providing public access to records in a
manner that is consistent with the Washington Public Records Act (RCW 42.56.001 et seq.).
803.3 PUBLIC RECORDS OFFICER
The Chief of Police shall designate a Public Records Officer (RCW 42.56.580). The responsibilities
of the Public Records Officer include but are not limited to:
(a) Managing the records management system for the Department, including the
retention, archiving, release and destruction of department public records.
(b) Establishing rules regarding the inspection and copying of department public records
as reasonably necessary for the protection of such records.
1. Rules and procedures for public inspection and copying shall be prominently
displayed and made available to the public for inspection and copying (RCW
42.56.040).
(c) Maintaining and making available for public inspection and copying an index of
documents that provides identifying information of certain documents identified in
RCW 42.56.070 that are maintained by the Department.
(d) Maintaining and updating the department records retention schedule including:
1. Identifying the minimum length of time the Department must keep records.
2. Identifying the department division responsible for the original record.
(e) Identifying records or portions of records that are confidential under state or federal
law and not open for inspection or copying.
(f) Ensuring a current list containing every law that exempts or prohibits disclosure of
specific information or records of the Department is available to the public (RCW
42.56.070).
(g) Establishing rules regarding the processing of subpoenas for the production of
records.
(h) Ensuring the availability of a current schedule of fees for public records as allowed by
law (RCW 42.56.070; RCW 42.56.120; RCW 42.56.130).
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(i) Ensuring that the business hours for record inspection or copying are posted on the
department's website and made known by other means designed to provide the public
with notice (RCW 42.56.090).
(j) Ensuring that the name and contact information of the Public Records Officer is
visible to the public, including the department website and appropriate department
publications (RCW 42.56.580).
803.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any department member who receives a request for any record shall route the request to the
Public Records Officer or the authorized designee.
803.4.1 REQUESTS FOR RECORDS
The processing of requests for any record is subject to the following:
(a) The Department is not required to create records that do not exist.
(b) When a record contains material with release restrictions and material that is not
subject to release restrictions, the restricted material shall be redacted and the
unrestricted material released.
1. A copy of the redacted release should be maintained in the case file for proof
of what was actually released and as a place to document the reasons for
the redactions. If the record is audio or video, a copy of the redacted audio/
video release should be maintained in the department -approved media storage
system and a notation should be made in the case file to document the release
and the reasons for the redacted portions.
(c) Requests to inspect or copy records shall be responded to promptly. Within five
business days of receiving the request, one of the following responses shall be made
(RCW 42.56.520):
1. Providing the record.
2. Providing the internet address and link of the department website to the specific
records requested.
(a) If the requester notifies the Department that access cannot be obtained
through the internet, then copies of the record shall be provided or the
requester may view the records on the department computer.
3. Acknowledging the receipt of the request and providing a reasonable estimate
of time the Department will require to respond to the request. Additional time
may be required to respond based upon:
(a) The need to clarify the intent of the request.
(b) The need to locate and assemble the information requested.
(c) Notification to third persons or agencies affected by the request.
(d) Determination whether any of the information requested is exempt.
4. Acknowledging the receipt of the request and asking the requester for
clarification if the request is not clear and providing the requester a reasonable
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estimate of the time that will be needed to respond if the request is not
clarified. If the requester does not respond, and the entire request is unclear,
the Department need not respond. If only part of the request is unclear, the
Department shall respond to those portions of the request that are clear.
803.4.1 DENIALS
(a) The denial shall be accompanied by a written statement that includes the specific
exemption and a brief explanation of how the exemption applies to the withheld record
(RCW 42.56.210).
(b) Requests that are denied are subject to judicial review and the burden of proof is on
the Department to show that the records requested are exempt or prohibited in whole
or part by statute (RCW 42.56.550).
803.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
(a) Personal identifying information, including an individual's photograph; Social Security
and driver identification numbers; name, address, and telephone number; and medical
or disability information that is contained in any driver license record, motor vehicle
record, or any department record, including traffic collision reports, are restricted
except as authorized by the Department, and only when such use or disclosure is
permitted or required by law to carry out a legitimate law enforcement purpose (18
USC § 2721; 18 USC § 2722).
(b) Personnel records that contain personal information to the extent that disclosure would
violate privacy rights (RCW 42.56.230; RCW 42.56.250).
(c) Specific intelligence and specific investigative records regarding the discipline of
a member of any profession where nondisclosure is essential for effective law
enforcement or for the protection of any person's right to privacy (RCW 42.56.240).
(d) Victim and witness information revealing the identity of persons who file complaints
if disclosure would endanger the person's life, physical safety, or property (RCW
42.56.240).
(e) Child victim and witness identity information including name, address, recordings, and
photographs (RCW 7.69A.030; RCW 42.56.240).
(f) Concealed pistol license applications or information on the applications unless release
is to law enforcement or corrections agencies under RCW 9.41.070.
(g) Information revealing the specific details of the alleged assault, identity, or contact
information of a child victim of sexual assault who is under age 18. Identifying
information means the child victim's name, address, location, photograph, and in
cases in which the child victim is a relative, stepchild, or stepsibling of the alleged
perpetrator, identification of the relationship between the child and the alleged
perpetrator. Contact information includes phone numbers, email addresses, social
media profiles, and usernames and passwords (RCW 10.97.130; RCW 42.56.240).
(h) Personal identifying information collected relating to local security alarm system
programs and vacation crime watch programs (RCW 42.56.240).
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(i) Certain criminal history record information as restricted by the Criminal Records
Privacy Act (RCW 10.97.040 et seq.).
(j) Traffic collision reports except for what is authorized by RCW 46.52.080 and RCW
46.52.083.
(k) Preliminary drafts, notes, recommendations, or intra-agency memorandums in which
opinions are expressed, or policies formulated, or recommended (RCW 42.56.280).
(1) Records that are relevant to a controversy (threatened, actual, or completed litigation)
to which the Department is a party but which records would not be available to another
party under the rules of pretrial discovery for causes pending in the superior courts
(RCW 42.56.290).
(m) Security records including but not limited to records relating to preparing and
responding to criminal terrorist acts; vulnerability assessments and emergency and
escape plans of secured facilities; information regarding infrastructure and security
of computer and telecommunications networks; system security and emergency
preparedness plans; and as further defined in RCW 42.56.420.
(n) Global positioning system data that indicates the location of a member's residence or
of a public employee or volunteer (RCW 42.56.240; RCW 42.56.250).
(o) Information contained in a local, regional, or statewide gang database (RCW
42.56.240).
(p) Body worn camera recordings that violate a person's right to privacy (RCW 42.56.240)
(q) Personal identifying information, or information regarding citizenship or immigration
status, of any victim of criminal activity or trafficking who is requesting certification for
a U or T visa, except where allowed by law (RCW 7.98.020).
(r) Personal identifying information about an individual's religious beliefs, practices, or
affiliation (RCW 42.56.235).
(s) Investigative records compiled by the Department regarding possible unfair practices
of discrimination under RCW 49.60.010 et seq. or possible violation of other federal,
state, or local laws or Port Orchard Police Department internal policies during an active
and ongoing investigation (RCW 42.56.250).
1. Records may be released upon completion of the investigation as allowed under
RCW 42.56.250.
(t) Any other information that may be appropriately denied by Washington law.
803.6 SUBPOENAS AND DISCOVERY REQUESTS
Any member who receives a subpoena duces tecum or discovery request for records should
promptly contact a supervisor and the Public Records Officer for review and processing. While a
subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court
that will automatically require the release of the requested information.
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Generally, discovery requests and subpoenas from criminal defendants and their authorized
representatives (including attorneys) should be referred to the Prosecuting Attorney, City Attorney
or the courts.
All questions regarding compliance with any subpoena duces tecum or discovery request should
be promptly referred to legal counsel for the Department so that a timely response can be
prepared.
803.7 RELEASED RECORDS TO BE MARKED
Each page of any written record released pursuant to this policy should be stamped in a colored
ink or otherwise marked to indicate the department name and to whom the record was released.
Each audio/video recording released should include the department name and to whom the record
was released.
803.8 EXPUNGEMENT
Expungement orders received by the Department shall be reviewed for appropriate action by the
Public Records Officer. The Public Records Officer shall expunge such records as ordered by
the court. Records may include, but are not limited to, a record of arrest, investigation, detention
or conviction. Once a record is expunged, members shall respond to any inquiry as though the
record did not exist.
803.9 SECURITY BREACHES
Members who become aware that any Port Orchard Police Department system containing
personal information may have been breached should notify the Public Records Officer as soon
as practicable.
The Public Records Officer shall ensure the required notice is given to any resident of this state
whose unsecured personal information is reasonably believed to have been acquired by an
unauthorized person (RCW 42.56.590).
Notice shall be given as soon as reasonably practicable but may be delayed if notification will
impede a criminal investigation.
For the purposes of the notice requirement, personal information includes:
(a) An individual's first name or first initial and last name in combination with any one or
more of the following:
1. Social Security number or the last four digits of the Social Security number
2. Driver license number or Washington identification card number
3. Full account number, credit or debit card number, or any required security code,
access code, or password that would permit access to an individual's financial
account
4. Any data elements listed in RCW 42.56.590 (e.g., date of birth, health insurance
policy number, biometric data, email address, password)
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(b) Any of the data elements listed above without the individual's first and last name if
the data elements would enable a person to commit identity theft or if encryption,
redaction, or other methods have not safeguarded the data element (RCW 42.56.590).
If the breach reasonably appears to have been made to protected information covered in the
Protected Information Policy, the Public Records Officer should promptly notify the appropriate
member designated to oversee the security of protected information (see the Protected
Information Policy).
803.10 TRAINING
The Public Records Officer shall complete a training program consistent with the Attorney
General's model rules within 90 days of assuming responsibilities for public records and complete
refresher training as required (RCW 42.56.152).
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Protected Information
804.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release and
security of protected information by members of the Port Orchard Police Department. This policy
addresses the protected information that is used in the day-to-day operation of the Department
and not the public records information covered in the Records Maintenance and Release Policy.
804.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored or accessed by members
of the Port Orchard Police Department and is subject to any access or release restrictions imposed
by law, regulation, order or use agreement. This includes all information contained in federal, state
or local law enforcement databases that is not accessible to the public.
804.2 POLICY
Members of the Port Orchard Police Department will adhere to all applicable laws, orders,
regulations, use agreements and training related to the access, use, dissemination and release
of protected information.
804.3 RESPONSIBILITIES
The Chief of Police shall select a member of the Department to coordinate the use of protected
information.
The responsibilities of this position include, but are not limited to:
(a) Ensuring member compliance with this policy and with requirements applicable to
protected information, including requirements for the National Crime Information
Center (NCIC) system, National Law Enforcement Telecommunications System
(NLETS), Department of Licensing (DOL) records and the Washington Crime
Information Center (WACIC).
(b) Developing, disseminating and maintaining procedures that adopt or comply with the
U.S. Department of Justice's current Criminal Justice Information Services (CJIS)
Security Policy.
(c) Developing, disseminating and maintaining any other procedures necessary to comply
with any other requirements for the access, use, dissemination, release and security
of protected information.
(d) Developing procedures to ensure training and certification requirements are met.
(e) Resolving specific questions that arise regarding authorized recipients of protected
information.
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(f) Ensuring security practices and procedures are in place to comply with requirements
applicable to protected information.
804.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Port Orchard Police Department policy or training. Only those members who have
completed applicable training and met any applicable requirements, such as a background check,
may access protected information, and only when the member has a legitimate work -related
reason for such access.
Unauthorized access, including access for other than a legitimate work -related purpose, is
prohibited and may subject a member to administrative action pursuant to the Personnel
Complaints Policy and/or criminal prosecution.
804.4.1 PENALTIES FOR MISUSE OF RECORDS
It is a misdemeanor to furnish, buy, receive or possess criminal history record information without
authorization by Washington law (RCW 10.97.120).
Divulging the content of any criminal record to anyone other than authorized personnel is a
violation of the Standards of Conduct Policy.
Employees who obtain, or attempt to obtain, information from the department files other than that
to which they are entitled in accordance with their official duties is a violation of the Standards
of Conduct Policy.
804.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION
Protected information may be released only to authorized recipients who have both a right to know
and a need to know (RCW 10.97.050).
A member who is asked to release protected information that should not be released should
refer the requesting person to a supervisor or to the Police Services Coordinator for information
regarding a formal request.
Unless otherwise ordered or when an investigation would be jeopardized, protected information
maintained by the Department may generally be shared with authorized persons from other
law enforcement agencies who are assisting in the investigation or conducting a related
investigation. Any such information should be released through the Records Unit to ensure proper
documentation of the release (see the Records Maintenance and Release Policy).
Protected information, such as Criminal Justice Information (CJI), which includes Criminal History
Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any
other type of wireless transmission to members in the field or in vehicles through any computer or
electronic device, except in cases where there is an immediate need for the information to further
an investigation or where circumstances reasonably indicate that the immediate safety of officers,
other department members or the public is at risk.
Nothing in this policy is intended to prohibit broadcasting warrant information
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804.5.1 REVIEW OF CRIMINAL OFFENDER RECORD
An individual may review his/her criminal history record information held by this department after
complying with established department requirements as authorized by RCW 10.97.080.
804.6 SECURITY OF PROTECTED INFORMATION
The Chief of Police will select a member of the Department to oversee the security of protected
information.
The responsibilities of this position include but are not limited to:
(a) Developing and maintaining security practices, procedures, and training.
(b) Ensuring federal and state compliance with the CJIS Security Policy and the
requirements of any state or local criminal history records systems.
(c) Establishing procedures to provide for the preparation, prevention, detection, analysis,
and containment of security incidents, including computer attacks.
(d) Tracking, documenting, and reporting all breach of security incidents to the Chief of
Police and appropriate authorities (RCW 19.255.010; RCW 42.56.590).
804.6.1 MEMBER RESPONSIBILITIES
Members accessing or receiving protected information shall ensure the information is not
accessed or received by persons who are not authorized to access or receive it. This includes
leaving protected information, such as documents or computer databases, accessible to others
when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended
table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an
unattended computer terminal).
804.7 DESTRUCTION OF CHRI
When any document providing CHRI has served the purpose for which it was obtained, it shall
be destroyed by shredding.
Each employee shall be responsible for destroying the CHRI documents they receive.
804.8 TRAINING
All members authorized to access or release protected information shall complete a training
program that complies with any protected information system requirements and identifies
authorized access and use of protected information, as well as its proper handling and
dissemination.
804.9 RELIGIOUS AFFILIATION DISCLOSURE
Members shall not release personal information from any agency database for the purpose of
investigation or enforcement of any government program compiling data on individuals based on
religious belief, practice, affiliation, national origin, or ethnicity (RCW 42.60.020).
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805.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for interacting with animals and responding
to calls for service that involve animals.
805.2 POLICY
It is the policy of the Port Orchard Police Department to be responsive to the needs of the
community regarding animal -related issues. This includes enforcing local, state and federal laws
relating to animals and appropriately resolving or referring animal -related problems, as outlined
in this policy.
805.3 THE HUMANE SOCIETY RESPONSIBILITIES
Animal control services are generally the primary responsibility of the Humane Society and include
the following:
(a) Animal -related matters during periods when the Humane Society is available.
Emergency services are arranged through Kitsap 911 and are available 24/7 for the
following reasons:
1. Injured stray animals.
2. Livestock on city -maintained roadways.
3. Dogs declared potentially dangerous or dangerous at large.
4. Same day dog bites (unprovoked).
5. Animals injured in accidents, owned or otherwise.
6. Law enforcement assistance (post -arrest, etc.).
(b) Ongoing or persistent animal nuisance complaints. Such complaints may be
scheduled, if reasonable, for handling during periods that the Humane Society is
available for investigation and resolution.
(c) Follow-up on animal -related calls, such as locating owners of injured animals.
805.4 MEMBER RESPONSIBILITIES
Members who respond to or assist with animal -related calls for service should evaluate the
situation to determine appropriate actions to control the situation.
Due to the hazards of handling animals without proper training and equipment, responding
members generally should not attempt to capture or pick up any animal, but should keep the
animal under observation until the arrival of appropriate assistance.
Members may consider acting before the arrival of such assistance when:
(a) There is a threat to public safety.
(b) An animal has bitten someone. Members should take measures to confine the animal
and prevent further injury.
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(c) An animal is creating a traffic hazard.
(d) An animal is seriously injured.
(e) The owner/handler of an animal has been arrested or is incapacitated. In such
circumstances, the member should find appropriate placement for the animal.
1. This is only necessary when the arrestee is expected to be in custody for a
time period longer than would reasonably allow him/her to properly care for the
animal.
2. With the owner's consent, locating appropriate placement may require
contacting relatives or neighbors to care for the animal.
3. If no person can be found or the owner does not or cannot give consent, the
animal should be taken to a designated animal care facility.
805.5 ANIMAL CRUELTY COMPLAINTS
Laws relating to the cruelty to animals should be enforced, including but not limited to RCW
9.08.070 (cruelty to pets), RCW 16.52.117 (animal fighting), RCW 16.52.205 (animal cruelty) and
RCW 16.52.320 (cruelty to livestock).
(a) An investigation should be conducted on all reports of animal cruelty.
(b) Legal steps should be taken to protect an animal that is in need of immediate care or
protection from acts of cruelty.
805.5.1 REMOVAL OF ANIMALS
An officer who has probable cause to believe that an animal is subject to cruelty may obtain a
warrant for removal of the animal when there is no responsible person to assume care of the
animal and a good faith effort to contact the animal's owner has first been attempted.
If an animal is in imminent danger or has a serious physical injury or illness, a warrant need not
be obtained. The seized animal shall be taken to a licensed veterinarian for medical assessment
and treatment, then may be placed in the custody of the Humane Society, animal foster care, or
a nonprofit animal care facility (RCW 16.52.085).
When an animal is removed, written notice shall be provided to the owner within 72 hours of
removal and shall include (RCW 16.52.085):
(a) The contact information of the Port Orchard Police Department.
(b) A description of the animal seized.
(c) The authority and purpose for the seizure.
(d) The time, place, and circumstances of the seizure.
(e) A statement that the owner is responsible for the cost of care and will be required to
post a bond with the county district court clerk within 14 days of seizure or the animal
will be deemed abandoned and forfeited.
(f) The legal remedies available to the owner.
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The notice shall be given by posting at the place of the seizure, by personal delivery to the last
known or suspected owner or a person residing at the place of seizure, or by registered mail if
the owner is known (RCW 16.52.085).
805.5.2 ANIMALS EXPOSED TO EXCESSIVE HEAT OR COLD, LACK OF VENTILATION OR
LACK OF NECESSARY WATER
Officers may, in exigent circumstances, enter a vehicle or enclosed space other than a residence
to save the life of an animal suffering harm from exposure to excessive heat or cold or lack of
necessary ventilation or water when there is no person present in the immediate area who has
access to the vehicle or enclosed space and is willing to immediately remove the animal (RCW
16.52.340).
In all other cases, a court order should be obtained when necessary to enter a vehicle or structure
to protect the life of an animal.
805.6 ANIMAL BITE REPORTS
Members investigating an animal bite should obtain as much information as possible for follow-up
with the appropriate health or animal authorities. Efforts should be made to capture or otherwise
have the animal placed under control. Members should attempt to identify and notify the owner
of the final disposition of the animal.
805.7 STRAY DOGS
If the dog has a license or can otherwise be identified, the owner should be contacted, if possible.
If the owner is contacted, the dog should be released to the owner and a citation may be issued,
if appropriate. If a dog is taken into custody, it shall be transported to the appropriate shelter/
holding pen.
Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter).
805.8 DANGEROUS ANIMALS
In the event responding members cannot fulfill a request for service because an animal is difficult
or dangerous to handle, the Shift Supervisor will be contacted to determine available resources,
including requesting the assistance of animal control services from an allied agency.
805.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS
Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such
calls may involve significant quality -of -life issues.
805.10 DECEASED ANIMALS
When a member becomes aware of a deceased animal, all reasonable attempts should be made
to preliminarily determine if the death of the animal is related to criminal activity.
Deceased animals on public property should be removed, sealed in a plastic bag, and properly
disposed of by the responding member.
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Members should not climb onto or under any privately owned structure for the purpose of removing
a deceased animal.
805.11 INJURED ANIMALS
When a member becomes aware of an injured domesticated animal, all reasonable attempts
should be made to contact an owner or responsible handler. If an owner or responsible handler
cannot be located, the animal should be taken to a designated animal care facility.
805.12 DESTRUCTION OF ANIMALS
When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal
that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly
injured animal shall only be euthanized with the approval of a supervisor and whenever possible,
in consultation with a licensed veterinarian and the owner of the animal (RCW 16.52.210).
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Chapter 9 - Custody
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900.1 PURPOSE AND SCOPE
This policy provides guidelines to address the health and safety of adults taken into temporary
custody by members of the Port Orchard Police Department for processing or investigation prior
to being released or transferred to a housing or other type of facility.
Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.
Juveniles will not be permitted where adults in temporary custody are being held.
Custodial searches are addressed in the Custodial Searches Policy.
900.1.1 DEFINITIONS
Definitions related to this policy include:
Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure that
prevents the occupants from being directly visually monitored at all times by a member of the
Department.
Secure custody - When an adult is held in a locked room, a set of room, cell, or holding cell.
Secure custody also includes being physically secured to a stationary object.
Temporary custody - The time period an adult is in custody at the Port Orchard Police Department
prior to being released or transported to a housing or other type of facility.
900.2 POLICY
The Port Orchard Police Department is committed to releasing adults from temporary custody
as soon as reasonably practicable, and to keeping adults safe while in temporary custody at the
Department. Adults should be in temporary custody only for as long as reasonably necessary for
investigation, processing, transfer or release.
900.3 GENERAL CRITERIA AND SUPERVISION
No adult should be in temporary custody for longer than six hours.
900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY
Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the
Port Orchard Police Department, but should be transported to a jail facility, a medical facility, or
other type of facility as appropriate. These include:
(a) Any individual who is unconscious or has been unconscious while being taken into
custody or while being transported.
(b) Any individual who has a medical condition, including pregnancy, or who may require
medical attention, supervision, or medication while in temporary custody.
(c) Any individual who is seriously injured.
(d) Individuals who are a suspected suicide risk (see the Emergency Detentions Policy).
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1. If the officer taking custody of an individual believes that he/she may be a suicide
risk, the officer shall ensure continuous direct supervision until evaluation,
release, or a transfer to an appropriate facility is completed.
(e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents
Policy.
(f) Individuals who are under the influence of alcohol, a controlled substance, or any
substance to the degree that may require medical attention, or who have ingested
any substance that poses a significant risk to their health, whether or not they appear
intoxicated.
(g) Any individual who has exhibited extremely violent or continuously violent behavior.
(h) Any individual who has claimed, is known to be afflicted with, or displays symptoms
of any communicable disease that poses an unreasonable exposure risk.
(i) Any individual with a prosthetic or orthopedic device where removal of the device
would be injurious to his/her health or safety.
Officers taking temporary custody of a person who exhibits any of the above conditions should
notify a supervisor of the situation. These individuals should not be in temporary custody at the
Department unless they have been evaluated by a qualified medical or mental health professional,
as appropriate for the circumstances.
900.3.2 SUPERVISION IN TEMPORARY CUSTODY
An authorized department member capable of supervising shall be present at all times when an
individual is held in temporary custody. The member responsible for supervising should not have
other duties that could unreasonably conflict with his/her supervision. Any individual in temporary
custody must be able to summon the supervising member if needed. If the person in custody is
deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability.
At least one female department member should be present when a female adult is in temporary
custody. In the event that none is readily available, the female in custody should be transported
to another facility or released pursuant to another lawful process.
Absent exigent circumstances, such as a medical emergency or a violent subject, members should
not enter the room with a person of the opposite sex unless a member of the same sex as the
person in temporary custody is present.
No individual in custody shall be permitted to supervise, control or exert any authority over other
individuals in custody.
900.3.3 ENTRY RESTRICTIONS
Entry into any location where a person is held in custody should be restricted to:
(a) Authorized members entering for official business purposes.
(b) Emergency medical personnel when necessary.
(c) Any other person authorized by the Shift Supervisor.
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When practicable, more than one authorized member should be present for entry into a location
where a person is held in custody for security purposes and to witness interactions.
900.4 INITIATING TEMPORARY CUSTODY
The officer responsible for an individual in temporary custody should evaluate the person for any
apparent chronic illness, disability, vermin infestation, possible communicable disease, or any
other potential risk to the health or safety of the individual or others. The officer should specifically
ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications
of suicidal intent.
If there is any suspicion that the individual may be suicidal, he/she shall be transported to the
appropriate jail or the appropriate mental health facility.
The officer should promptly notify the Shift Supervisor of any conditions that may warrant
immediate medical attention or other appropriate action. The Shift Supervisor shall determine
whether the individual will be placed in a cell, immediately released, or transported to jail or another
facility.
900.4.1 CONSULAR NOTIFICATION
Consular notification may be mandatory when certain foreign nationals are arrested. The Deputy
Chief will ensure that the U.S. Department of State's list of countries and jurisdictions that
require mandatory notification is readily available to department members. There should also
be a published list of foreign embassy and consulate telephone and fax numbers, as well as
standardized notification forms that can be transmitted and then retained for documentation.
Prominently displayed signs informing foreign nationals of their rights related to consular
notification should also be posted in areas used for the temporary custody of adults.
Department members assigned to process a foreign national shall:
(a) Inform the individual, without delay, that he/she may have his/her consular officers
notified of the arrest or detention and may communicate with them.
1. This notification should be documented.
(b) Determine whether the foreign national's country is on the U.S. Department of State's
mandatory notification list.
1. If the country is on the mandatory notification list, then:
(a) Notify the country's nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Tell the individual that this notification has been made and inform him/her
without delay that he/she may communicate with consular officers.
(c) Forward any communication from the individual to his/her consular officers
without delay.
(d) Document all notifications to the embassy or consulate and retain the
faxed notification and any fax confirmation for the individual's file.
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2. If the country is not on the mandatory notification list and the individual requests
that his/her consular officers be notified, then:
(a) Notify the country's nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Forward any communication from the individual to his/her consular officers
without delay.
900.4.2 NOTICE TO INDIVIDUALS
To ensure compliance with treaty obligations, including consular notification, and state and federal
law, written notice shall be given to an individual being detained explaining that the individual has
the right to refuse to disclose their nationality, citizenship, or immigration status and that disclosure
may result in civil or criminal immigration enforcement, including removal from the United States
(RCW 10.93.160).
900.5 SAFETY, HEALTH, AND OTHER PROVISIONS
900.5.1 TEMPORARY CUSTODY REQUIREMENTS
Members monitoring or processing anyone in temporary custody shall ensure:
(a) Individuals in temporary custody are continuously monitored by personal supervision
through direct visual monitoring and audio two-way communication. Monitoring
through electronic devices, such as video, does not replace direct visual observation.
(b) Individuals in custody are informed that they will be monitored at all times, except
when using the toilet.
(a) There shall be no viewing devices, such as peepholes or mirrors, of which the
individual is not aware.
(b) This does not apply to surreptitious and legally obtained recorded interrogations.
(c) There is reasonable access to toilets and washbasins.
(d) There is reasonable access to a drinking fountain or water.
(e) There are reasonable opportunities to stand and stretch, particularly if handcuffed or
otherwise restrained.
(f) There is privacy during attorney visits.
(g) Those in temporary custody are generally permitted to remain in their personal clothing
unless it is taken as evidence or is otherwise unsuitable or inadequate for continued
wear while in custody.
(h) Clean blankets are provided as reasonably necessary to ensure the comfort of an
individual.
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(i) Adequate shelter, heat, light, and ventilation are provided without compromising
security or enabling escape.
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Q) Adequate furnishings are available, including suitable chairs or benches.
900.5.2 MEDICAL CARE
First -aid equipment and basic medical supplies should be available to department members. At
least one member who has current certification in basic first aid and CPR should be on -duty at
all times.
Should a person in custody be injured or become ill, appropriate medical assistance should be
sought. A supervisor should meet with those providing medical aid at the facility to allow access
to the person. Members shall comply with the opinion of medical personnel as to whether an
individual in temporary custody should be transported to the hospital. If the person is transported
while still in custody, he/she will be accompanied by an officer.
Those who require medication while in temporary custody should not be at the Port Orchard Police
Department. They should be released or transferred to another facility as appropriate.
900.5.3 ORTHOPEDIC OR PROSTHETIC APPLIANCE
Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or
prosthetic appliance. However, if the appliance presents a risk of bodily harm to any person or is
a risk to the security of the facility, the appliance may be removed from the individual unless its
removal would be injurious to his/her health or safety.
Whenever a prosthetic or orthopedic appliance is removed, the Shift Supervisor shall be promptly
apprised of the reason. It shall be promptly returned when it reasonably appears that any risk no
longer exists.
900.5.4 RELIGIOUS ACCOMMODATION
Subject to available resources, safety and security, the religious beliefs and needs of all individuals
in custody should be reasonably accommodated. Requests for religious accommodation should
generally be granted unless there is a compelling security or safety reason and denying the request
is the least restrictive means available to ensure security or safety. The responsible supervisor
should be advised any time a request for religious accommodation is denied.
Those who request to wear headscarves or simple head coverings for religious reasons should
generally be accommodated absent unusual circumstances. Head coverings shall be searched
before being worn.
Individuals wearing headscarves or other approved coverings shall not be required to remove them
while in the presence of or while visible to the opposite sex if they so desire. Religious garments
that substantially cover the individual's head and face may be temporarily removed during the
taking of any photographs.
900.5.5 NONDISCRIMINATION
The Port Orchard Police Department shall not deny services, benefits, privileges, or opportunities
to individuals in temporary custody on the basis of national origin, citizenship, or immigration
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status, or on the basis of the existence of an immigration detainer, hold, notification request, or
civil immigration warrant, except as required by law (RCW 49.60.030; RCW 10.93.160).
900.6 USE OF RESTRAINT DEVICES
Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints
Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed
when the person is in a temporary custody.
The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals
in temporary custody at the Port Orchard Police Department unless the person presents a
heightened risk, and only in compliance with the Handcuffing and Restraints Policy.
Individuals in restraints shall be kept away from other unrestrained individuals in custody and
monitored to protect them from abuse.
900.6.1 PREGNANT ADULTS
Women who are known to be pregnant should be restrained in accordance with the Handcuffing
and Restraints Policy.
900.7 PERSONAL PROPERTY
The personal property of an individual in temporary custody should be removed, inventoried and
processed as provided in the Custodial Searches Policy.
900.8 HOLDING CELLS
The Port Orchard Police Department does not maintain holding cells or other methods of secure
custody.
900.9 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY
The Deputy Chief will ensure procedures are in place to address any suicide attempt, death or
serious injury of any individual in temporary custody at the Port Orchard Police Department. The
procedures should include the following:
(a) Immediate request for emergency medical assistance if appropriate.
(b) Immediate notification of the Shift Supervisor, Chief of Police and Deputy Chief.
(c) Notification of the spouse, next of kin or other appropriate person.
(d) Notification of the appropriate prosecutor.
(e) Notification of the City Attorney.
(f) Notification of the Medical Examiner.
(g) Evidence preservation.
900.10 RELEASE AND/OR TRANSFER
When an individual is released or transferred from custody, the member releasing the individual
should ensure the following:
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(a) All proper reports and forms have been completed prior to release.
(b) A check has been made to ensure that the individual is not reported as missing and
does not have outstanding warrants.
(c) It has been confirmed that the correct individual is being released or transported.
(d) All property, except evidence, contraband, or dangerous weapons, has been returned
to, or sent with, the individual.
(e) All pertinent documentation accompanies the individual being transported to another
facility (e.g., copies of booking forms, medical records, an itemized list of his/her
property, warrant copies).
(f) The individual is not permitted in any nonpublic areas of the Port Orchard Police
Department unless escorted by a member of the Department.
(g) Any known threat or danger the individual may pose (e.g., escape risk, suicide
potential, medical condition) is documented, and the documentation transported with
the individual if he/she is being sent to another facility.
1. The department member transporting the individual shall ensure such risks are
communicated to intake personnel at the other facility.
(h) Generally, persons of the opposite sex, or adults and juveniles, should not be
transported in the same vehicle unless they are physically separated by a solid barrier.
If segregating individuals is not practicable, officers should be alert to inappropriate
physical or verbal contact and take appropriate action as necessary.
(i) Transfers between facilities or other entities, such as a hospital, should be
accomplished with a custodial escort of the same sex as the person being transferred
to assist with his/her personal needs as reasonable.
900.10.1 TRANSFER TO HOSPITAL
When an individual in custody for a violent or sex offense is taken to a hospital, the transporting
officer shall remain with, or secure, the individual while the individual is receiving care, unless
(RCW 10.110.020; RCW 10.110.030):
(a) The medical care provider determines the individual does not need to be accompanied
or secured.
(b) The officer notifies the medical care provider that the officer is leaving after reasonably
determining:
1. The individual does not present an imminent and significant risk of causing
physical harm to themselves or another person.
2. There is no longer sufficient evidentiary basis to maintain the individual in
custody.
3. In the interest of public safety, his/her presence is urgently required at another
location and supervisor approval is obtained.
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(a) The officer shall make a reasonable effort to ensure a replacement officer
is provided or other means of securing the individual is provided as soon
as possible.
900.11 TRAINING
Department members should be trained and familiar with this policy and any supplemental
procedures.
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901.1 PURPOSE AND SCOPE
This policy provides guidance regarding searches of individuals in custody. Such searches are
necessary to eliminate the introduction of contraband, intoxicants orweapons into the Port Orchard
Police Department facility. Such items can pose a serious risk to the safety and security of
department members, individuals in custody, contractors and the public.
Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an
individual in custody.
901.1.1 DEFINITIONS
Definitions related to this policy include:
Custody search - An in -custody search of an individual and of his/her property, shoes and
clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous
items and contraband.
Physical body cavity search - A search that includes a visual inspection and may include
a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an
individual, and the vagina of a female person.
Strip search - A search that requires an individual to remove or rearrange some or all of
his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or
outer genitalia. This includes monitoring an individual who is changing clothes, where his/her
underclothing, buttocks, genitalia or female breasts are visible.
901.2 POLICY
All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and
hygiene, and in compliance with policy and law to protect the rights of those who are subject to
any search.
Searches shall not be used for intimidation, harassment, punishment or retaliation.
901.3 FIELD AND TRANSPORTATION SEARCHES
An officer should conduct a custody search of an individual immediately after his/her arrest and
when receiving an individual from the custody of another. An officer shall conduct a custody search
of an individual before transporting the person who is in custody in any department vehicle.
Whenever practicable, a custody search should be conducted by an officer of the same sex as
the person being searched. If an officer of the same sex is not reasonably available, a witnessing
officer should be present during the search.
901.4 SEARCHES AT POLICE FACILITIES
Custody searches shall be conducted on all individuals in custody, upon entry to the Port Orchard
Police Department facilities. Except in exigent circumstances, the search should be conducted by
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a member of the same sex as the individual being searched. If a member of the same sex is not
available, a witnessing member must be present during the search.
Custody searches should also be conducted any time an individual in custody enters or re-enters
a secure area, or any time it is reasonably believed that a search is necessary to maintain the
safety and security of the facility.
901.4.1 PROPERTY
Members shall take reasonable care in handling the property of an individual in custody to avoid
discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until
the individual is released or transferred.
Some property may not be accepted by a facility or agency that is taking custody of an individual
from this department, such as weapons or large items. These items should be retained for
safekeeping in accordance with the Property and Evidence Policy.
All property shall be inventoried by objective description (this does not include an estimated value).
The individual from whom it was taken shall be required to sign the completed inventory. If the
individual's signature cannot be obtained, the inventory shall be witnessed by another department
member. The inventory should include the case number, date, time, member's Port Orchard Police
Department identification number and information regarding how and when the property may be
released.
901.4.2 VERIFICATION OF MONEY
All money shall be counted in front of the individual from whom it was received. When possible,
the individual shall initial the dollar amount on the inventory. Additionally, all money should be
placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign
currency should also be sealed in an envelope with the amount indicated but not added to the
cash total. All envelopes should clearly indicate the contents on the front. The department member
sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or
added, the member making such change shall enter the amount below the original entry and initial
it. The amount of money in the envelope should always be totaled and written on the outside of
the envelope.
901.5 STRIP SEARCHES
No individual in temporary custody at any Port Orchard Police Department facility shall be
subjected to a strip search unless there is reasonable suspicion based upon specific and
articulable facts to believe the individual has a health condition requiring immediate medical
attention or is concealing a weapon or contraband that constitutes a threat to the facility. Probable
cause is required for a strip search when there is a belief the individual is concealing on his/her
body evidence not constituting a threat to the facility (RCW 10.79.130).
Factors to be considered in determining reasonable suspicion or probable cause include, but are
not limited to (RCW 10.79.140):
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(a) The detection of an object during a custody search that may be a weapon or
contraband and cannot be safely retrieved without a strip search.
(b) Circumstances of a current arrest that specifically indicate the individual may be
concealing a weapon or contraband.
1. A felony arrest charge or being under the influence of a controlled substance
should not suffice as reasonable suspicion absent other facts.
(c) Custody history (e.g., past possession of contraband while in custody, assaults on
department members, escape attempts).
(d) The individual's actions or demeanor.
(e) Criminal history (i.e., level of experience in a custody setting).
(f) The nature of the offense.
No transgender or intersex individual shall be searched or examined for the sole purpose of
determining the individual's genital status. If the individual's genital status is unknown, it may be
determined during conversations with the person, by reviewing medical records, or as a result of
a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).
901.5.1 STRIP SEARCH PROCEDURES
Strip searches at Port Orchard Police Department facilities shall be conducted as follows (28 CFR
115.115):
(a) Written authorization from the Shift Supervisor shall be obtained prior to the strip
search.
(b) All members involved with the strip search shall be of the same sex as the individual
being searched, unless the search is conducted by a medical practitioner (RCW
10.79.100).
(c) All strip searches shall be conducted in a professional manner under sanitary
conditions and in a secure area of privacy so that it cannot be observed by those not
participating in the search. The search shall not be reproduced through a visual or
sound recording.
(d) Whenever possible, a second member of the same sex should also be present during
the search, for security and as a witness to the finding of evidence.
(e) Members conducting a strip search shall not touch the breasts, buttocks or genitalia
of the individual being searched.
(f) The primary member conducting the search shall prepare a written report to include
(RCW 10.79.150):
1. The facts that led to the decision to perform a strip search.
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2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The written authorization for the search, obtained from the Shift Supervisor.
4. The name of the individual who was searched.
5. The name, serial number of the officer and sex of the members who conducted
the search.
6. The name, sex and role of any person present during the search.
7. The time and date of the search.
8. The place at which the search was conducted.
9. A list of the items, if any, that were recovered.
10. The facts upon which the member based his/her belief that the individual was
concealing a weapon or contraband.
11. Any health condition discovered.
(g) No member should view an individual's private underclothing, buttocks, genitalia
or female breasts while that individual is showering, performing bodily functions or
changing clothes, unless he/she otherwise qualifies for a strip search. However, if
serious hygiene or health issues make it reasonably necessary to assist the individual
with a shower or a change of clothes, a supervisor should be contacted to ensure
reasonable steps are taken to obtain the individual's consent and/or otherwise protect
his/her privacy and dignity.
(h) Except at the request of the individual, no person, other than those who are
participating in the search, shall be present or able to observe the search (RCW
10.79.150).
(i) A copy of the written authorization shall be maintained in the file of the individual who
was searched (RCW 10.79.150).
901.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES
A strip search may be conducted in the field only with Shift Supervisor authorization and only in
exceptional circumstances, such as when:
(a) There is probable cause to believe that the individual is concealing a weapon or other
dangerous item that cannot be recovered by a more limited search.
(b) There is probable cause to believe that the individual is concealing controlled
substances or evidence that cannot be recovered by a more limited search, and there
is no reasonable alternative to ensure the individual cannot destroy or ingest the
substance during transportation.
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These special -circumstance field strip searches shall only be authorized and conducted under the
same restrictions as the strip search procedures in this policy, except that the Shift Supervisor
authorization does not need to be in writing.
901.5.3 RESTRICTIONS
Strip searches should be limited to those situations where such searches are necessary.
Reasonable efforts to use less intrusive methods, such as pat -downs, electronic metal detector
or clothing searches shall be made prior to any strip search (RCW 10.79.060; RCW 10.79.140).
901.6 PHYSICAL BODY CAVITY SEARCH
Physical body cavity searches shall be subject to the following:
(a) No individual shall be subjected to a physical body cavity search without written
approval of the Shift Supervisor and only upon a search warrant. Authorization may
be obtained electronically (RCW 10.79.080). A copy of any search warrant and the
results of the physical body cavity search shall be included with the related reports and
made available, upon request, to the individual or authorized representative (except
for those portions of the warrant ordered sealed by a court).
(b) Only a qualified physician, registered nurse or physician's assistant may conduct a
physical body cavity search (RCW 10.79.100).
(c) Except for the qualified physician, registered nurse or physician's assistant conducting
the search, persons present must be of the same sex as the individual being searched.
Only the necessary department members needed to maintain the safety and security
of the medical personnel shall be present.
(d) Privacy requirements, including restricted touching of body parts and sanitary
condition requirements, are the same as required for a strip search.
(e) All such searches shall be documented, including (RCW 10.79.080):
1. The facts that led to the decision to perform a physical body cavity search of
the individual.
2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The Shift Supervisor's approval.
4. A copy of the search warrant.
5. The time, date, location, and description of the search.
6. The medical personnel present.
7. The names, sex, and roles of any department members present.
8. A statement of the results of the search and a list of any contraband or weapons
discovered by the search.
(f) A copy of the written authorization shall be retained and made available to the
individual who was searched or other authorized representative upon request.
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(g) Before any physical body cavity search is authorized or conducted, a thorough pat -
down search, a thorough electronic metal -detector search, and a thorough clothing
search, as appropriate, must be used. No physical body cavity search shall be
authorized or conducted unless these other methods do not satisfy the safety, security,
or evidentiary concerns of the Department (RCW 10.79.080).
(h) The Shift Supervisor may allow the individual to have a readily available witness, of
the individual's choosing, present at the time the search is conducted. The person
chosen shall not be currently in custody or present an unreasonable security risk (RCW
10.79.100).
901.7 TRAINING
The Deputy Chief shall ensure members have training that includes (28 CFR 115.115):
(a) Conducting searches of cross -gender individuals.
(b) Conducting searches of transgender and intersex individuals.
(c) Conducting searches in a professional and respectful manner, and in the least
intrusive manner possible, consistent with security needs. The search must be
conducted by a physician, registered nurse, or physician's assistant.
901.8 GENDER IDENTITY OR EXPRESSION CONSIDERATIONS
If an individual who is subject to a strip search or physical body cavity search has a gender
identity or expression that differs from their sex assigned at birth, the search should be conducted
by members of the same gender identity or expression as the individual, unless the individual
requests otherwise.
901.9 JUVENILES
No juvenile should be subjected to a strip search or a physical body cavity search at the
Department.
The Chief of Police or the authorized designee should establish procedures for the following:
(a) Safely transporting a juvenile who is suspected of concealing a weapon or contraband,
or who may be experiencing a medical issue related to such concealment, to a medical
facility or juvenile detention facility as appropriate in the given circumstances.
1. Procedures should include keeping a juvenile suspected of concealing a weapon
under constant and direct supervision until custody is transferred to the receiving
facility.
(b) Providing officers with information identifying appropriate medical and juvenile
detention facilities to which a juvenile should be transported for a strip or body cavity
search.
Nothing in this section is intended to prevent an officer from rendering medical aid to a juvenile in
emergency circumstances (see the Medical Aid and Response Policy for additional guidance).
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Biological Samples
902.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals
required to provide samples upon conviction for certain offenses and from offenders required to
register, for example, as sex offenders. This policy does not apply to biological samples collected
at a crime scene or taken from an individual in conjunction with a criminal investigation.
902.2 POLICY
The Port Orchard Police Department will assist in the expeditious collection of required biological
samples from offenders in accordance with the laws of this state and with as little reliance on
force as practicable.
902.2.1 POINT OF COLLECTION
As soon as administratively practicable after confinement persons required to provide DNA
samples shall be processed for the necessary samples
902.3 OFFENDERS SUBJECT TO BIOLOGICAL SAMPLE COLLECTION
The following offenders must submit a biological sample (RCW 43.43.754):
(a) An offender convicted of any felony offense.
(b) An offender convicted of assault in the fourth degree where domestic violence as
defined in RCW 9.94A.030 was pleaded and proven (RCW 9A.36.041).
(c) An offender convicted of assault in the fourth degree with sexual motivation (RCW
9A.36.041; RCW 9.94A.835).
(d) An offender convicted of communication with a minor for immoral purposes (RCW
9.68A.090).
(e) An offender convicted of custodial sexual misconduct in the second degree (RCW
9A.44.170).
(f) An offender convicted of failure to register as a sex or kidnap offender (RCW 9A.44.040
et seq.).
(g) An offender convicted of harassment (RCW 9A.46.020).
(h) An offender convicted of patronizing a prostitute (RCW 9A.88.110).
(i) An offender convicted of sexual misconduct with a minor in the second degree (RCW
9A.44.096).
Q) An offender convicted of stalking (RCW 9A.46.110).
(k) An offender who violates a sexual assault protection order granted under RCW
7.105.050 et seq. (Civil Protection Orders).
(1) An offender convicted of indecent exposure (RCW 9A.88.010).
(m) An offender convicted of a sex or kidnapping offense and required to register under
RCW 9A.44.130.
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902.3.1 OPTIONAL SUBMISSION OF BIOLOGICAL SAMPLES
The Department may submit biological samples to the forensic laboratory services of the
Washington State Patrol (WSP) of an offender who is deceased and who was previously convicted
of a qualifying offense regardless of the date of conviction (RCW 43.43.754).
902.3.2 BUCCAL SWABS
Buccal swab samples (taken from the inside of the mouth) may only be procured by employees
who have successfully completed departmentally approved training in the collection of buccal
swabs. If an individual violently resists or presents other officer safety issues, employees may
omit buccal swab samples upon approval of a supervisor.
902.4 PROCEDURE
When an offender is required to provide a biological sample, a trained member shall attempt to
obtain the sample in accordance with this policy.
902.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the offender is required to provide a sample pursuant to RCW 43.43.754.
(b) Verify that a biological sample has not been previously collected from the offender by
querying the person's WSP Crime Lab. There is no need to obtain a biological sample
if one has been previously obtained (RCW 43.43.754).
(c) Use the designated collection kit provided by the WSP to perform the collection and
take steps to avoid cross contamination.
902.5 USE OF FORCE TO OBTAIN SAMPLES
If an offender refuses to cooperate with the sample collection process, members should attempt
to identify the reason for refusal and seek voluntary compliance without resorting to using force.
Force will not be used in the collection of samples except as authorized by court order or approval
of legal counsel, and only with the approval of a supervisor.
Methods to consider when seeking voluntary compliance include contacting:
(a) The individual's parole or probation officer, when applicable.
(b) The prosecuting attorney to seek additional charges against the individual for failure
to comply or to otherwise bring the refusal before a judge (RCW 43.43.754(11)).
(c) The judge at the individual's next court appearance.
(d) The individual's attorney.
(e) A chaplain.
(f) Another custody facility with additional resources, where the individual can be
transferred to better facilitate sample collection.
(g) A supervisor who may be able to authorize custodial disciplinary actions to compel
compliance, if any are available. The supervisor shall review and approve any plan to
use force and be present to document the process.
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The supervisor shall review and approve any plan to use force and be present to document the
process.
902.5.1 VIDEO RECORDING
A video recording should be made any time force is used to obtain a biological sample. The
recording should document all persons participating in the process, in addition to the methods and
all force used during the collection. The recording should be part of the investigation file, if any, or
otherwise retained in accordance with the established records retention schedule.
902.6 LEGAL MANDATES AND RELEVANT LAWS
Washington law provides for the following:
902.6.1 AVAILABLE INFORMATION AND TRAINING
The Department should maintain relevant informational material from the Washington State
Patrol for training and guidance purposes. This should include the protocols for the collection,
preservation, and shipment of biological samples prepared by the Washington State Patrol (WAC
446-75-060).
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Chapter 10 - Personnel
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Recruitment and Selection
1000.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job -related
standards for the selection process. This policy supplements the rules that govern employment
practices for the Port Orchard Police Department and that are promulgated and maintained by
Human Resources in the City's Personnel Policies and Procedures Manual or the Port Orchard
Police Civil Service Commission rules.
1000.2 POLICY
In accordance with applicable federal, state, and local law, the Port Orchard Police Department
provides equal opportunities for applicants and employees regardless of actual or perceived
race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,
age, disability, pregnancy, genetic information, veteran status, marital status, and any other
classification or status protected by law. The Department does not show partiality or grant any
special status to any applicant, employee, or group of employees unless otherwise required by
law.
The Department will recruit and hire only those individuals who demonstrate a commitment to
service and who possess the traits and characteristics that reflect personal integrity and high
ethical standards.
1000.3 RECRUITMENT
The Administrative Services Deputy Chief shall employ a comprehensive recruitment and
selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy shall include:
(a) Establishment of a written recruitment plan.
1. The plan shall include an outline of steps for recruiting candidates who are
representative of the community. This should include candidates who live in or
are from the community, if appropriate and consistent with applicable laws and
memorandums of understanding or collective bargaining agreements.
(b) Identification of racially and culturally diverse target markets.
(c) Use of marketing strategies to target diverse applicant pools.
(d) Expanded use of technology and maintenance of a strong internet presence. This may
include an interactive department website and the use of department -managed social
networking sites, if resources permit.
(e) Expanded outreach through partnerships with media, community groups, citizen
academies, local colleges, universities, and the military.
(f) Employee referral and recruitment incentive programs.
(g) Consideration of shared or collaborative regional testing processes.
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The Administrative Services Deputy Chief shall avoid advertising, recruiting, and screening
practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants
in a discriminatory manner.
The Department should strive to facilitate and expedite the screening and testing process, and
should periodically inform each candidate of their status in the recruiting process.
1000.4 SELECTION PROCESS
The Department shall actively strive to identify a diverse group of candidates who have in some
manner distinguished themselves as being outstanding prospects. Minimally, the Department
shall employ a comprehensive screening, background investigation, and selection process that
assesses cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment,
references, current and prior addresses, education, military record)
(b) Driving record
(c) Personal and professional reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)
Employment Eligibility Verification Form 1-9 and acceptable identity and employment
authorization documents. This required documentation should not be requested until
a candidate is hired. This does not prohibit obtaining documents required for other
purposes.
(e) Information obtained from public internet sites
1. This review should include the identification of any activity that promotes or
supports unlawful violence or unlawful bias against persons based on protected
characteristics (e.g., race, ethnicity, national origin, religion, gender, gender
identity, sexual orientation, disability).
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681
et seq.)
(g) Local, state, and federal criminal history record checks
(h) Polygraph or voice stress analyzer examination (when legally permissible) (RCW
43.101.095; WAC 139-07-040)
(i) Medical and psychological examination (may only be given after a conditional offer
of employment)
1. The medical examination shall include a drug screening and be conducted by
a licensed physician.
0) Review board or selection committee assessment
(k) Relevant national and state decertification records, if available
(1) Any relevant information in the National Law Enforcement Accountability Database
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Recruitment and Selection
1000.4.1 VETERAN PREFERENCE
The Department will provide veteran preference percentages as required (RCW 41.04.010).
1000.5 BACKGROUND INVESTIGATION
Every candidate shall undergo a thorough background investigation to verify their personal
integrity and high ethical standards, and to identify any past behavior that may be indicative of
the candidate's unsuitability to perform duties relevant to the operation of the Port Orchard Police
Department (RCW 43.101.095; WAC 139-07-020).
1000.5.1 NOTICES
Background investigators shall ensure that investigations are conducted and notices provided in
accordance with the requirements of the FCRA (15 USC § 1681d).
1000.5.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private or protected information, the
Administrative Services Deputy Chief shall not require candidates to provide passwords, account
information or access to password -protected social media accounts (RCW 49.44.200).
The Administrative Services Deputy Chief should consider utilizing the services of an appropriately
trained and experienced third party to conduct open source, internet-based searches and/or
review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate and validated.
(c) The Department fully complies with applicable privacy protections and local, state and
federal law.
Regardless of whether a third party is used, the Administrative Services Deputy Chief should
ensure that potentially impermissible information is not available to any person involved in the
candidate selection process.
1000.5.3 DOCUMENTING AND REPORTING
The background investigator shall summarize the results of the background investigation in a
report that includes sufficient information to allow the reviewing authority to decide whether to
extend a conditional offer of employment. The report shall not include any information that is
prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation shall be included in the candidate's background
investigation file. These files shall be stored in a secured manner and made available only to those
who are authorized to participate in the selection process.
1000.5.4 RECORDS RETENTION
The background report and all supporting documentation shall be maintained in accordance with
the established records retention schedule.
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1000.5.5 BACKGROUND CERTIFICATION
Upon completion of the background investigation of a candidate who has received a conditional
offer of employment with the Port Orchard Police Department, the background investigator shall
certify to the Criminal Justice Training Commission (CJTC) that the background check has
been completed and there was no information found that would disqualify the candidate from
certification, and that the candidate is suitable for employment as an officer (RCW 43.101.095).
1000.6 DISQUALIFICATION GUIDELINES
As a general rule, performance indicators and candidate information and records shall be
evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public
• Likelihood of recurrence
• Relevance of past behavior to public safety employment
• Aggravating and mitigating factors
• Other relevant considerations
A candidate's qualifications will be assessed on a case -by -case basis, using a totality -of -the -
circumstances framework.
1000.7 EMPLOYMENT STANDARDS
All candidates shall meet the minimum standards required by state law (RCW 43.101.095; RCW
43.101.200). Candidates will be evaluated based on merit, ability, competence and experience,
in accordance with the high standards of integrity and ethics valued by the Department and the
community.
Validated, job -related and nondiscriminatory employment standards shall be established for each
job classification and shall minimally identify the training, abilities, knowledge and skills required
to perform the position's essential duties in a satisfactory manner. Each standard should include
performance indicators for candidate evaluation. The Human Resources should maintain validated
standards for all positions.
1000.7.1 STANDARDS FOR OFFICERS
Candidates shall meet the following minimum standards established by the CJTC (RCW
43.101.095):
(a) Be eligible for CJTC certification
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Recruitment and Selection
(b) Submit to a psychological evaluation conducted by a licensed psychologist or
psychiatrist
(c) Submit to a polygraph examination conducted by a qualified technician
(d) Submit to a criminal history check
(e) Not been convicted of a felony offense
(f) Be eligible to work under federal law as a U.S. citizen, lawful permanent resident, or
Deferred Action for Childhood Arrivals (DACA) recipient
1000.8 PROBATIONARY PERIODS
The Administrative Services Deputy Chief should coordinate with the Port Orchard Human
Resources to identify positions subject to probationary periods and procedures for:
(a) Appraising performance during probation.
(b) Assessing the level of performance required to complete probation.
(c) Extending probation.
(d) Documenting successful or unsuccessful completion of probation.
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Evaluation of Employees
1001.1 PURPOSE AND SCOPE
The Department's employee performance evaluation system is designed to record work
performance for both the Department and the employee, providing recognition for good work and
developing a guide for improvement.
1001.2 POLICY
The Port Orchard Police Department utilizes a performance evaluation report to measure
performance and to use as a factor in making personnel decisions that relate to merit increases,
promotion, reassignment, discipline, demotion and termination. The evaluation report is intended
to serve as a guide for work planning and review by the supervisor and employee. It gives
supervisors a way to create an objective history of work performance based on job standards.
The performance evaluation system is used to assist in fair and impartial personnel decisions
and assists with the maintenance and improvement of performance. It provides a medium
for personnel counseling and facilitates proper decisions regarding probationary employees. It
provides objective and fair means of recognizing individual performance and identifies training
needs.
The Department evaluates employees in a non-discriminatory manner based upon job -related
factors specific to the employee's position, without regard to sex, race, color, national origin,
religion, age, disability or other protected classes.
The system of performance evaluation shall be in a format approved by the Chief of Police and
Human Resources. The Department may use the generalized format offered by the City or a
format specifically tailored to the job classification as approved by the Chief of Police and Human
Resources.
1001.3 EVALUATION PROCESS
Evaluation reports will cover a specific period of time and should be based on documented
performance during that period. Evaluation reports will be completed by each employee's
immediate supervisor. Other supervisors directly familiar with the employee's performance during
the rating period should be consulted by the immediate supervisor for their input. When preparing a
performance evaluation, the supervisor should review all entries made into the employee's division
file and ensure that each entry is captured in the evaluation. This includes attaching all documents
in the division file to the performance evaluation. Once the evaluation is completed, the supervisor
shall purge the division file and provide its contents to the employee.
All sworn and professional staff supervisory personnel shall attend an approved supervisory
course that includes training on the completion of performance evaluations within one year of the
supervisory appointment.
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Each supervisor should discuss the tasks of the position, the standards of performance expected,
and the evaluation criteria with each employee at the beginning of the rating period. Supervisors
should document this discussion in the prescribed manner.
Assessment of an employee's job performance is an ongoing process. Continued coaching and
feedback provide supervisors and employees with opportunities to correct performance issues as
they arise.
Non -probationary employees demonstrating substandard performance shall be notified in writing
of such performance as soon as possible in order to have an opportunity to remediate the issues.
Such notification should occur at the earliest opportunity, with the goal being a minimum of 90
days' written notice prior to the end of the evaluation period.
Employees who disagree with their evaluation and who desire to provide a formal response or a
rebuttal may do so in writing in the prescribed format and time period.
1001.3.1 RESERVE OFFICER EVALUATIONS
Reserve officer evaluations are covered under the Reserve Officers Policy.
1001.4 FULL TIME PROBATIONARY PERSONNEL
Professional staff personnel are on probation for 12 months before being eligible for certification
as permanent employees. An evaluation is completed quarterly for all full-time professional staff
personnel during the probationary period.
Sworn personnel are on probation for 12 months before being eligible for certification as
permanent employees. Probationary officers are evaluated daily during the Field Training phase
and quarterly for the remainder of the probationary period.
1001.5 FULL-TIME PERMANENT STATUS PERSONNEL
Permanent employees are subject to three types of performance evaluations:
Regular - An Employee Performance Evaluation shall be completed once each year by the
employee's immediate supervisor. The regular performance evaluation cycle shall be from July
through June. Employees promoted during a performance evaluation cycle shall receive quarterly
probationary evaluations with a final evaluation at the end of one year.
Transfer - If an employee is transferred from one assignment to another in the middle of an
evaluation period and less than six months have transpired since the transfer, then an evaluation
shall be completed by the current supervisor with input from the previous supervisor.
Special - A special evaluation may be completed any time the rater and the rater's supervisor feel
one is necessary due to employee performance that is deemed less than standard. Generally, the
special evaluation will be the tool used to demonstrate those areas of performance deemed less
than standard when follow-up action is planned (action plan, remedial training, retraining, etc.).
The evaluation form and the attached documentation shall be submitted as one package.
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Evaluation of Employees
1001.5.1 RATINGS CRITERIA
When completing the Employee Performance Evaluation, the rater will place a check mark in the
column that best describes the employee's performance. The definition of each rating category
is as follows:
Exceeds Standards - Represents performance that is better than expected of a fully competent
employee. It is superior to what is expected.
Meets Standards - Is the performance of a fully competent employee. It means satisfactory
performance that meets the standards required of the position.
Needs Improvement - Is a level of performance less than that expected of a fully competent
employee and less than standards required of the position. A needs improvement rating must be
thoroughly discussed with the employee.
Unsatisfactory - Performance is inferior to the standards required of the position. It is very
inadequate or undesirable performance that cannot be tolerated.
Space for written comments is provided at the end of the evaluation in the rater comments section.
This section allows the rater to document the employee's strengths, weaknesses, and suggestions
for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall
be substantiated in the rater comments section.
1001.7 EVALUATION REVIEW
After the supervisor finishes the discussion with the employee, the signed performance evaluation
is forwarded to the rater's supervisor (Deputy Chief). The Deputy Chief shall review the evaluation
for fairness, impartiality, uniformity, and consistency. The Deputy Chief shall evaluate the
supervisor on the quality of ratings given.
1001.6 EVALUATION INTERVIEW
When the supervisor has completed the preliminary evaluation, arrangements shall be made
for a private discussion of the evaluation with the employee. The supervisor should discuss
the results of the just completed rating period and clarify any questions the employee may
have. If the employee has valid and reasonable protests of any of the ratings, the supervisor
may make appropriate changes to the evaluation. Areas needing improvement and goals for
reaching the expected level of performance should be identified and discussed. The supervisor
should also provide relevant counseling regarding advancement, specialty positions and training
opportunities. The supervisor and employee will sign and date the evaluation. Permanent
employees may also write comments in the Employee Comments section of the performance
evaluation report.
1001.8 EVALUATION DISTRIBUTION
The original performance evaluation shall be maintained in the employee's personnel file in Human
Resources for the tenure of the employee's employment. A copy will be given to the employee
upon request.
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1001.9 REMEDIAL TRAINING
When an employee fails to perform a job function at the level prescribed in this policy manual,
remedial training may be necessary to ensure that employee has the knowledge and skills
necessary to perform at an acceptable level.
Whenever an employee receives an evaluation rating of needs improvement or unacceptable,
receives a Special Evaluation to document a performance deficiency or is receiving discipline
for a performance deficiency, the supervisor should consider whether remedial training would be
appropriate to assist the employee in improving their performance.
(a) If remedial training is deemed to be appropriate, the supervisor shall document the
following items in a Personnel Improvement Plan (PIP):
1. The remedial training being provided.
2. The timeline for providing the training.
3. The timeline for evaluating the employee's subsequent performance.
4. The consequences if the employee fails to perform.
5. The desired outcome if the remediation is successful.
(b) Prior to implementing the remedial training, the supervisor shall present the PIP to the
employee who shall then be provided with ten days to respond with any objections
or other comments.
(c) If the employee fails to provide a timely written response or expresses no desire to
respond, the employee's date and signature shall be affixed to the PIP as agreement
to its terms.
(d) If the employee provides a timely written response, any objections shall be adjudicated
in accordance with the department's grievance procedure.
The remedial training process is for use with all employees. It is not limited to use with probationary
employees.
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Special Assignments, Transfers, and Promotions
1002.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for promotions and for making special
assignments within the Port Orchard Police Department.
1002.1.1 POLICY
It is the policy of the Port Orchard Police Department to fairly and consistently promote and assign
employees to various positions within the Department.
1002.2 PROMOTIONAL REQUIREMENTS
Requirements and information regarding any promotional process are available at the Port
Orchard Human Resources.
1002.3 TRANSFERS
All transfer requests or shift assignment change requests will be submitted in writing to the Deputy
Chief through the chain of command, noting the reason(s) for the requested change. The decision
on all requests for transfer will be based on the needs of the Department taking into account
the needs of the requesting employee and applicable provisions of the collective bargaining
agreement.
1002.4 POLICY
The Port Orchard Police Department determines assignments and promotions in a
nondiscriminatory manner based upon job -related factors and candidate skills and qualifications.
Assignments and promotions are made by the Chief of Police.
1002.5 SPECIAL ASSIGNMENT POSITIONS
The following positions are examples of special assignments, not promotions, that may be offered
at the discretion of the Chief of Police:
(a) Special Weapons and Tactics Team member
(b) Detective
(c) Motorcycle officer
(d) Bicycle Patrol officer
(e) Canine handler
(f) Marine Patrol officer
(g) Field Training Officer
(h) Range Master
(i) School Resource officer
0) UAS operator
(k) Crisis Intervention Officer
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(1) Negotiator
Special assignments may be full-time or collateral duties and may be created or disbanded to meet
the operational needs of the Department. The Chief of Police or designee may reassign personnel
based on the evolving needs of the Department. Any reassignment will be made in accordance
with any applicable provisions of the collective bargaining agreement.
1002.5.2 SELECTION PROCESS
Announcements issued to advertise the filling of vacant or newly -created special assignments
will be distributed by a Notice of Opening for Special Assignment Position. Each announcement
will contain the opening date for submitting letters of interest; the closing date which is fourteen
(14) days from the opening date (with exceptions authorized by the Chief of Police); the minimum
qualifications an applicant must have; the amount and type of additional training required following
assignment to the position, if any; and any specific working conditions.
Employees wishing to apply for an announced position are to submit a letter of interest on
department letterhead to the Deputy Chief.
The Deputy Chief or designee shall review all requests for posted positions to validate that each
applicant meets the established minimum qualifications for the position. Should an applicant fail
to meet the minimum qualifications, the specific reasons should be provided to the applicant in
writing. The applicant will be informed of their ineligibility and excluded from the selection process.
The Deputy Chief or designee shall assemble all requests and, if needed, schedule and convene a
selection board. The board may be composed of Department employees, appropriate individuals
from outside the organization, or a combination of both. The board shall convene, review
applications, and hold interviews (if necessary). Interview performance by a candidate on the day
of the selection boards should not be the sole determining criteria. When evaluating candidates,
the board should consider if the candidate:
(a) Has expressed and demonstrated an on -going interest in the position.
(b) Possesses special skills, aptitude, training, education, and experience as it applies to
the position.
(c) Has previously demonstrated abilities in areas related to the position such as
enforcement activities, investigative techniques, report writing, public relations, etc.
(d) Has demonstrated work performance and history (quantity, quality, and initiative in
self -directed activities).
(e) Has demonstrated the ability to work as a team member with peers and supervisors.
Additional requirements such as a demonstration of a skillset, (i.e. firearms handling and
qualification), may be required dependent upon the special assignment.
The selection board will forward their recommendations to the Deputy Chief for review. The Chief
of Police will review and make the final selection. Upon appointment or transfer, a Department
Memo will be issued. The Police Services Coordinator, or designee, is responsible for the
maintenance of all documents related to the selection process.
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Anti -Retaliation
1003.1 PURPOSE AND SCOPE
This policy prohibits retaliation against members who identify workplace issues, such as fraud,
waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices,
including violations that may pose a threat to the health, safety or well-being of members.
This policy does not prohibit actions taken for nondiscriminatory or non -retaliatory reasons, such
as discipline for cause.
These guidelines are intended to supplement and not limit members' access to other applicable
remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any
applicable federal law, provision of the U.S. Constitution, law, ordinance, or collective bargaining
agreement or memorandum of understanding.
1003.2 POLICY
The Port Orchard Police Department has a zero tolerance for retaliation and is committed to taking
reasonable steps to protect from retaliation members who, in good faith, engage in permitted
behavior or who report or participate in the reporting or investigation of workplace issues. All
complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.
1003.3 RETALIATION PROHIBITED
No member may retaliate against any person for engaging in lawful or otherwise permitted
behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory;
for reporting or making a complaint under this policy; or for participating in any investigation related
to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule.
• Real or implied threats or other forms of intimidation to dissuade the reporting of
wrongdoing or filing of a complaint, or as a consequence of having reported or
participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged
wrongdoing.
• Shunning or unreasonably avoiding a person because he/she has engaged in
protected activity.
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Anti -Retaliation
1003.3.1 RETALIATION PROHIBITED FOR INTERVENING OR REPORTING
An officer shall not be retaliated against in any way for intervening or reporting in good faith any
wrongdoing by another law enforcement officer. Wrongdoing means conduct that is contrary to
law or policies of this department (RCW 10.93.190).
1003.4 COMPLAINTS OF RETALIATION
Any memberwho feels he/she has been retaliated against in violation of this policy should promptly
report the matter to any supervisor, command staff member, Chief of Police or the City Human
Resources Coordinator.
Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations
or transgressions, and make reasonable efforts to verify facts before making any complaint in order
to avoid baseless allegations. Members shall not report or state an intention to report information
or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of
the information or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting member is known,
thereby allowing investigators to obtain additional information from the reporting member.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect
the reporting member's identity. However, confidential information may be disclosed to the extent
required by law or to the degree necessary to conduct an adequate investigation and make a
determination regarding a complaint. In some situations, the investigative process may not be
complete unless the source of the information and a statement by the member is part of the
investigative process.
1003.5 SUPERVISOR RESPONSIBILITIES
Supervisors are expected to remain familiar with this policy and ensure that members under their
command are aware of its provisions.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring complaints of retaliation are investigated as provided in the Personnel
Complaints Policy.
(b) Receiving all complaints in a fair and impartial manner.
(c) Documenting the complaint and any steps taken to resolve the problem.
(d) Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of
command and explaining to the member how the complaint will be handled.
(e) Taking appropriate and reasonable steps to mitigate any further violations of this
policy.
(f) Monitoring the work environment to ensure that any member making a complaint is
not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.
(h) Not interfering with or denying the right of a member to make any complaint.
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(i) Taking reasonable steps to accommodate requests for assignment or schedule
changes made by a member who may be the target of retaliation if it would likely
mitigate the potential for further violations of this policy.
1003.6 COMMAND STAFF RESPONSIBILITIES
The Chief of Police should communicate to all supervisors the prohibition against retaliation.
Command staff shall treat all complaints as serious matters and shall ensure that prompt actions
take place, including but not limited to:
(a) Communicating to all members the prohibition against retaliation.
(b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to
eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant.
1003.7 WHISTLE -BLOWING
Washington law protects employees who make good faith reports of improper government actions.
Improper government actions include violations of Washington law, abuse of authority, gross
waste of funds, and substantial and specific danger to the public health or safety (RCW 42.40.010
et seq.; RCW 49.60.210; RCW 42.41.010 et seq.).
Members who believe they have been the subject of retaliation for engaging in such protected
behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the
Office of the Chief of Police for investigation pursuant to the Personnel Complaints Policy.
1003.7.1 DISPLAY OF REPORTING PROCEDURES
The Department shall display the City policy to employees regarding their rights and the
procedures for reporting information of an alleged improper government action. A copy of the
policy shall be made available to employees upon request (RCW 42.41.030).
1003.8 RECORDS RETENTION AND RELEASE
The Police Services Coordinator shall ensure that documentation of investigations is maintained
in accordance with the established records retention schedules.
1003.9 TRAINING
The policy should be reviewed with each new member.
All members should receive periodic refresher training on the requirements of this policy.
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Reporting of Arrests, Convictions, and Court
Orders
1004.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the notification requirements and procedures that
members must follow when certain arrests, convictions, and court orders restrict their ability to
perform the official duties and responsibilities of the Port Orchard Police Department. This policy
will also describe the notification requirements and procedures that certain retired officers must
follow when an arrest, conviction, or court order disqualifies them from possessing a firearm (RCW
43.101.135).
1004.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS
Washington and federal law prohibit individuals convicted of certain offenses and individuals
subject to certain court orders from lawfully possessing a firearm. Such convictions and court
orders often involve allegations of the use or attempted use of force or threatened use of a weapon
on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC §
922; RCW 9.41.040; RCW 9.41.801).
All members and retired officers with identification cards issued by the Department are responsible
for ensuring that they have not been disqualified from possessing a firearm by any such conviction
or court order and shall promptly report any such conviction or court order to a supervisor, as
provided in this policy.
1004.3 REPORTING
All members of this department and all retired officers with an identification card issued by the
Department shall promptly notify their immediate supervisor (or the Chief of Police in the case
of retired officers) in writing of any past or current criminal detention, arrest, charge, plea, or
conviction in any state or foreign country, regardless of whether the matter was dropped or
rejected, is currently pending or is on appeal, and regardless of the penalty or sentence, if any.
All members and all retired officers with an identification card issued by the Department shall
immediately notify their supervisors (retired officers should immediately notify the Shift Supervisor
or the Chief of Police) in writing if they become the subject of a domestic violence -related order or
any court order that prevents the member or retired officer from possessing a firearm or requires
suspension or revocation of applicable Criminal Justice Training Commission (CJTC) certification.
Any member whose criminal arrest, conviction, or court order restricts or prohibits that member
from fully and properly performing his/her duties, including carrying a firearm, may be disciplined.
This includes but is not limited to being placed on administrative leave, reassignment, and/or
termination. Any effort to remove such disqualification or restriction shall remain entirely the
responsibility of the member, on his/her own time and at his/her own expense.
Any member failing to provide prompt written notice pursuant to this policy shall be subject to
discipline, up to and including termination.
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Reporting of Arrests, Convictions, and Court Orders
Retired officers may have their identification cards rescinded or modified, as may be appropriate
(see the Retiree Concealed Firearms Policy).
1004.3.1 NOTIFICATION TO CRIMINAL JUSTICE TRAINING COMMISSION
The Administrative Services Deputy Chief shall ensure that notification has been made to CJTC
within 15 days of learning that an officer has been charged with a crime (RCW 43.101.135).
1004.4 POLICY
The Port Orchard Police Department requires disclosure of member arrests, convictions, and
certain court orders to maintain the high standards, ethics, and integrity in its workforce, and to
ensure compatibility with the duties and responsibilities of the Department
1004.5 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS
Washington law prohibits the possession of a firearm under the provisions of RCW 9.41.040
(unlawful possession of firearms).
While legal restrictions may or may not be imposed by statute or by the courts upon conviction of
any criminal offense, criminal conduct by members of this department may be inherently in conflict
with law enforcement duties and the public trust, and shall be reported as provided in this policy.
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Policy Manual
Sick Leave
1005.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. The accrual
and terms of use of sick leave for eligible employees are detailed in the City personnel manual
or applicable labor agreement.
This policy is not intended to cover all types of sick or other leaves. For example, employees may
be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for
in the Family and Medical Leave Act (FMLA) or the Washington Paid Family and Medical Leave
program (PFML) (29 USC § 2601 et seq.; RCW 50A.05.005 et seq.).
1005.2 POLICY
It is the policy of the Port Orchard Police Department to provide eligible employees with a sick
leave benefit.
1005.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences (RCW 49.46.210). Sick leave is not
considered vacation. Abuse of sick leave may result in discipline, denial of sick leave benefits, or
both (WAC 296-128-750).
Employees on sick leave should not engage in other employment or self-employment or participate
in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury
or illness (see the Outside Employment Policy).
Qualified appointments should be scheduled during a member's non -working hours when it is
reasonable to do so.
1005.3.1 NOTIFICATION
All members should notify the Shift Supervisor or appropriate supervisor as soon as they are
aware that they will not be able to report to work and within one hour before the start of their
scheduled shifts, unless it is not practicable to do so. If it is impracticable and a member is unable
to contact the supervisor, every effort should be made to have a representative for the member
contact the supervisor (WAC 296-128-650).
When the necessity to be absent from work is foreseeable, such as planned medical appointments
or treatments, the member shall, whenever possible and practicable, provide the Department with
no less than 10 days' notice of the impending absence (WAC 296-128-650).
Upon return to work, members are responsible for ensuring their time off was appropriately
accounted for, and for completing and submitting the required documentation describing the type
of time off used and the specific amount of time taken.
1005.4 EXTENDED ABSENCE
Members absent from duty for more than three consecutive days may be required to furnish
verification supporting the need to be absent and/or the ability to return to work (RCW 49.46.210;
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WAC 296-128-660). Members on an extended absence shall, if possible, contact their supervisors
at specified intervals to provide an update on their absence and expected date of return.
1005.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Monitoring and regularly reviewing the attendance of those under their command to
ensure that the use of sick leave and absences is consistent with this policy.
(b) Attempting to determine whether an absence of four or more consecutive days may
qualify as family medical leave and consulting with legal counsel or the Human
Resources as appropriate.
(c) When appropriate, counseling members regarding inappropriate use of sick leave.
(d) Referring eligible members to an available employee assistance program when
appropriate.
1005.6 PERSONNEL AGENCY
The Human Resources Coordinator shall ensure:
(a) Written or electronic notice is provided to each employee regarding applicable paid
sick leave provisions as required by WAC 296-128-755.
(b) This Sick Leave Policy is readily available to all employees.
(c) Employee records are retained and preserved regarding paid sick leave information
and data as required by WAC 296-128-010.
1005.7 RETALIATION
No employee shall be retaliated against for using qualifying sick leave (WAC 296-128-770).
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Drug- and Alcohol -Free Workplace
1006.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol
in the workplace (41 USC § 8103).
1006.2 POLICY
It is the policy of this department to provide a drug- and alcohol -free workplace for all members.
1006.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on department time can endanger the health and safety
of department members and the public.
Members who have consumed an amount of an alcoholic beverage or taken any medication, or
combination thereof, that would tend to adversely affect their mental or physical abilities shall not
report for duty. Affected members shall notify the Shift Supervisor or appropriate supervisor as
soon as the member is aware that the member will not be able to report to work. If the member is
unable to make the notification, every effort should be made to have a representative contact the
supervisor in a timely manner. If the member is adversely affected while on -duty, the member shall
be immediately removed and released from work (see the Work Restrictions section in this policy).
1006.3.1 USE OF MEDICATIONS
Members should not use any medications that will impair their ability to safely and completely
perform their duties. Any member who is medically required or has a need to take any such
medication shall report that need to the member's immediate supervisor prior to commencing any
on -duty status.
No member shall be permitted to work or drive a vehicle owned or leased by the Department while
taking any medication that has the potential to impair the member's abilities, without a written
release from the member's physician.
1006.3.2 MEDICAL CANNABIS
Possession, use, or being under the influence of medical cannabis on -duty is prohibited and may
lead to disciplinary action (RCW 69.51A.060).
1006.4 MEMBER RESPONSIBILITIES
Members shall report for work in an appropriate mental and physical condition. Members
are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using
controlled substances or alcohol on department premises or on department time (41 USC § 8103).
The lawful possession or use of prescribed medications or over-the-counter remedies is excluded
from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so
to the extent of impairing on -duty performance.
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Members shall notify a supervisor immediately if they observe behavior or other evidence that they
believe demonstrates that a fellow member poses a risk to the health and safety of the member
or others due to drug or alcohol use.
Members are required to notify their immediate supervisors of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days after such conviction (41 USC
§ 8103).
1006.5 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to
seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides
treatment for drug and alcohol abuse also may be available. Employees should contact the
Human Resources, their insurance providers or the employee assistance program for additional
information. It is the responsibility of each employee to seek assistance before alcohol or drug
problems lead to performance problems.
1006.6 WORK RESTRICTIONS
If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that
could interfere with a safe and efficient job performance, the member may be required to obtain
clearance from his/her physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that a member is impaired by the
consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing
work and shall ensure that he/she is safely transported away from the Department.
1006.7 SCREENING TESTS
A supervisor may require an employee to submit to a screening test under any of the following
circumstances:
(a) The supervisor reasonably believes, based upon objective facts, that the employee
is under the influence of alcohol or drugs that are impairing his/her ability to perform
duties safely and efficiently.
(b) The employee discharges a firearm, other than by accident, in the performance of his/
her duties.
(c) During the performance of his/her duties, the employee drives a motor vehicle and
becomes involved in an incident that results in bodily injury to him/herself or another
person, or substantial damage to property.
1006.7.1 SUPERVISOR RESPONSIBILITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision
to require the test, and shall inform the employee in writing of the following:
(a) The test will be given to detect either alcohol or drugs, or both.
(b) The result of the test is not admissible in any criminal proceeding against the
employee.
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(c) The employee may refuse the test, but refusal may result in dismissal or other
disciplinary action.
1006.7.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee:
(a) Fails or refuses to submit to a screening test.
(b) After taking a screening test that indicates the presence of a controlled substance,
fails to provide proof, within 72 hours after being requested, that the employee took the
controlled substance as directed, pursuant to a current and lawful prescription issued
in the employee's name.
1006.8 COMPLIANCE WITH THE DRUG -FREE WORKPLACE ACT
No later than 30 days following notice of any drug statute conviction for a violation occurring in
the workplace involving a member, the Department will take appropriate disciplinary action, up to
and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse
assistance or rehabilitation program (41 USC § 8104).
1006.9 CONFIDENTIALITY
The Department recognizes the confidentiality and privacy due to its members. Disclosure of any
information relating to substance abuse treatment, except on a need -to -know basis, shall only be
with the express written consent of the member involved or pursuant to lawful process.
The written results of any screening tests and all documents generated by the employee
assistance program are considered confidential medical records and shall be maintained in the
member's confidential medical file in accordance with the Personnel Records Policy.
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Communicable Diseases
1007.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of department members
contracting and/or spreading communicable diseases.
1007.1.1 DEFINITIONS
Definitions related to this policy include:
Communicable disease - A human disease caused by microorganisms that are present in
and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These
diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.
Exposure - When an eye, mouth, mucous membrane or non -intact skin comes into contact with
blood or other potentially infectious materials, or when these substances are injected or infused
under the skin; when an individual is exposed to a person who has a disease that can be passed
through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area
that was occupied by such a person. Exposure only includes those instances that occur due to
a member's position at the Port Orchard Police Department. (See the exposure control plan for
further details to assist in identifying whether an exposure has occurred.)
1007.2 POLICY
The Port Orchard Police Department is committed to providing a safe work environment for its
members. Members should be aware that they are ultimately responsible for their own health and
safety.
1007.3 EXPOSURE CONTROL OFFICER
The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall
develop an exposure control plan that includes (WAC 296-823-100 et seq.):
(a) Exposure -prevention and decontamination procedures.
(b) Procedures for when and how to obtain medical attention in the event of an exposure
or suspected exposure.
(c) The provision that department members shall be provided with appropriate personal
protective equipment (PPE), including latex gloves or equivalent, face masks, eye
protection, protective shoe covers, and pocket masks for each member's position and
risk of exposure.
(d) Evaluation of persons in custody for any exposure risk and measures to separate
them.
(e) Compliance with all relevant laws or regulations related to communicable diseases,
including:
1. Bloodborne pathogen mandates including but not limited to (WAC 296-823-110
et seq.):
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(a) The identification of positions with the potential for exposure.
(b) Measures to eliminate or minimize occupational exposure and how
members will be informed of those measures.
(c) A plan for the distribution and use of PPE related to communicable
diseases.
(d) Directions for appropriate labeling of contaminated items.
(e) Rules regarding worksite maintenance.
(f) Rules regarding waste.
(g) Confidentiality requirements and medical protocols.
(h) Maintenance of training and medical records.
2. The Washington Industrial Safety and Health Act (RCW 49.17.010 et seq.; WAC
296-800-110 et seq.).
3. Responding to requests and notifications regarding exposures covered under
the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136).
The ECO should also act as the liaison with the Washington Division of Occupational Safety and
Health (DOSH) and may request voluntary compliance inspections. The ECO should annually
review and update the exposure control plan and review implementation of the plan (WAC
296-823-11010).
1007.4 EXPOSURE PREVENTION AND MITIGATION
1007.4.1 GENERAL PRECAUTIONS
All members are expected to use good judgment and follow training and procedures related to
mitigating the risks associated with communicable disease. This includes, but is not limited to:
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized
equipment in the work area or department vehicles, as applicable.
(b) Wearing department -approved disposable gloves when contact with blood, other
potentially infectious materials, mucous membranes and non -intact skin can be
reasonably anticipated.
(c) Washing hands immediately or as soon as feasible after removal of gloves or other
PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for
a communicable disease.
(e) Using an appropriate barrier device when providing CPR.
(f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne
transmissible disease.
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(g) Decontaminating non -disposable equipment (e.g., flashlight, control devices, clothing
and portable radio) as soon as possible if the equipment is a potential source of
exposure.
1. Clothing that has been contaminated by blood or other potentially infectious
materials shall be removed immediately or as soon as feasible and stored/
decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors,
knives) cautiously and using puncture -resistant containers for their storage and/or
transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact
lenses where there is a reasonable likelihood of exposure.
(j) Disposing of biohazardous waste appropriately or labeling biohazardous material
properly when it is stored.
1007.4.2 IMMUNIZATIONS
Members who could be exposed to HBV due to their positions may receive the HBV vaccine and
any routine booster at no cost (WAC 296-823-130).
1007.5 POST EXPOSURE
1007.5.1 INITIAL POST -EXPOSURE STEPS
Members who experience an exposure or suspected exposure shall:
(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin
with soap and water, flush mucous membranes with water).
(b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practicable.
1007.5.2 REPORTING REQUIREMENTS
The supervisor on -duty shall investigate every exposure or suspected exposure that occurs as
soon as possible following the incident. The supervisor shall ensure the following information is
documented (WAC 296-823-16005):
(a) Name and Social Security number of the member exposed
(b) Date and time of the incident
(c) Location of the incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification
of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused
(g) PPE in use at the time of the incident
(h) Actions taken post -event (e.g., clean-up, notifications)
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The supervisor shall advise the member that disclosing the identity and/or infectious status of
a source to the public or to anyone who is not involved in the follow-up process is prohibited.
The supervisor should complete the incident documentation in conjunction with other reporting
requirements that may apply (see the Occupational Disease and Work -Related Injury Reporting
Policy).
1007.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT
Department members shall have the opportunity to have a confidential medical evaluation
immediately after an exposure and follow-up evaluations as necessary (WAC 296-823-16005).
The ECO should request a written opinion/evaluation from the treating medical professional that
contains only the following information:
(a) Whether the member has been informed of the results of the evaluation.
(b) Whether the member has been notified of any medical conditions resulting from
exposure to blood or other potentially infectious materials which require further
evaluation or treatment.
No other information should be requested or accepted by the ECO.
1007.5.4 COUNSELING
The Department shall provide the member, and his/her family if necessary, the opportunity for
counseling and consultation regarding the exposure (WAC 296-823-16005).
1007.5.5 SOURCE TESTING
Testing a person for communicable diseases when that person was the source of an exposure
should be done when it is desired by the exposed member or when it is otherwise appropriate.
Source testing is the responsibility of the ECO (WAC 296-823-16010). If the ECO is unavailable
to seek timely testing of the source, it is the responsibility of the exposed member's supervisor
to ensure testing is sought.
Source testing may be achieved by:
(a) Obtaining consent from the individual.
(b) In the event that consent cannot be obtained, by contacting the local health authority
who may pursue testing of the source individual for HIV or other communicable
diseases (RCW 70.24.340; WAC 246-100-205).
Since there is the potential for overlap between the different manners in which source testing may
occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate
testing.
The ECO should seek the consent of the individual for testing and consult the City Attorney to
discuss other options when no statute exists for compelling the source of an exposure to undergo
testing if he/she refuses.
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1007.6 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and shall not be disclosed to anyone without
the member's written consent (except as required by law). Test results from persons who may
have been the source of an exposure are to be kept confidential as well.
1007.7 TRAINING
All members shall participate in training regarding communicable diseases commensurate with
the requirements of their position. The training shall include the mandates provided in WAC
296-823-12005 et seq. and:
(a) Shall be provided at the time of initial assignment to tasks where an occupational
exposure may take place and at least annually after the initial training.
(b) Shall be provided wheneverthe member is assigned new tasks or procedures affecting
his/her potential exposure to communicable disease.
(c) Shall provide guidance on what constitutes an exposure, what steps can be taken to
avoid an exposure and what steps should be taken if a suspected exposure occurs.
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Smoking and Tobacco Use
1008.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by members and
others while on -duty or while in Port Orchard Police Department facilities or vehicles.
For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco
product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco,
as well as any device intended to simulate smoking, such as an electronic cigarette or personal
vaporizer.
1008.2 POLICY
The Port Orchard Police Department recognizes that tobacco use is a health risk and can be
offensive to others.
Smoking and tobacco use also presents an unprofessional image for the Department and its
members. Therefore smoking and tobacco use is prohibited by members and visitors in all
department facilities, buildings and vehicles, and as is further outlined in this policy (RCW
70.160.030).
1008.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by members is prohibited anytime members are in public view
representing the Port Orchard Police Department.
It shall be the responsibility of each member to ensure that no person under his/her supervision
smokes or uses any tobacco product inside City facilities and vehicles.
1008.4 ADDITIONAL PROHIBITIONS
No person shall smoke tobacco products within 25 feet of a main entrance, exit or operable window
of any building (RCW 70.160.075).
1008.4.1 NOTICE
The Chief of Police or the authorized designee shall ensure that proper signage prohibiting
smoking is conspicuously posted at each entrance to the department facilities (RCW 70.160.050).
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1009.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Port Orchard Police Department. This policy shall not
apply to any questioning, counseling, instruction, informal verbal admonishment or other routine
or unplanned contact of a member in the normal course of duty, by a supervisor or any other
member, nor shall this policy apply to a criminal investigation.
1009.2 POLICY
The Port Orchard Police Department takes seriously all complaints regarding the service provided
by the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules and the requirements
of any memorandum of understanding or collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1009.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or of federal, state or local law, policy or
rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1009.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Shift Supervisor is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Office of the Chief of Police, depending on the seriousness and complexity of the
investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Office of the Chief of Police, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.
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1009.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b) Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third -party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
1009.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1009.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of the
police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1009.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
1009.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries shall be documented in a log that records and tracks complaints. The
log shall include the nature of the complaint and the actions taken to address the complaint. On an
annual basis, the Deputy Chief shall prepare an analysis report on all complaints, internal reviews,
and administrative investigations. The report shall be submitted to the Chief of Police.
1009.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
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1009.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision -maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
The original complaint form will be directed to the Shift Supervisor of the accused
member, via the chain of command, who will take appropriate action and/or
determine who will have responsibility for the investigation.
2. In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Deputy
Chief or the Chief of Police, who will initiate appropriate action.
(b) Responding to all complaints in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
Follow-up contact with the complainant should be made within 24 hours of the
Department receiving the complaint.
2. If the matter is resolved and no further action is required, the supervisor will note
the resolution on a complaint form and forward the form to the Shift Supervisor.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Shift Supervisor and Chief of Police are notified via the chain of command
as soon as practicable.
(e) Promptly contacting the Human Resources and the Shift Supervisor for direction
regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or
other forms of prohibited harassment or discrimination.
(f) Forwarding unresolved personnel complaints to the Shift Supervisor, who will
determine whether to contact the complainant or assign the complaint for investigation.
(g) Informing the complainant of the investigator's name and the complaint number within
three days after assignment.
(h) Investigating a complaint as follows:
Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2. When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
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(i) Ensuring that the procedural rights of the accused member are followed.
(j) Ensuring interviews of the complainant are generally conducted during reasonable
hours.
1009.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the Office of the Chief of Police, the following
applies to employees:
(a) Interviews of an accused employee shall be conducted during reasonable hours and
preferably when the employee is on -duty. If the employee is off -duty, he/she shall be
compensated.
(b) Unless waived by the employee, interviews of an accused employee shall be at the
Port Orchard Police Department or other reasonable and appropriate place.
(c) No more than two interviewers should ask questions of an accused employee.
(d) Prior to any interview, an employee should be informed of the nature of the
investigation.
(e) All interviews should be for a reasonable period and the employee's personal needs
should be accommodated.
(f) No employee should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
(g) Any employee refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
1. An employee should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Garrity advisement. Administrative investigators
should consider the impact that compelling a statement from the employee
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related
investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
2. No information or evidence administratively coerced from an employee may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h) The interviewer should record all interviews of employees and witnesses. The
employee may also record the interview. If the employee has been previously
interviewed, a copy of that recorded interview shall be provided to the employee prior
to any subsequent interview.
(i) All employees subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual's statement, involved employees shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
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(j) All employees shall provide complete and truthful responses to questions posed during
interviews.
(k) No employee may be compelled to submit to a polygraph examination, nor shall any
refusal to submit to such examination be mentioned in any investigation.
(1) An employee covered by civil service shall be provided a written statement of all
accusations with a duplicate statement filed with the civil service commission (RCW
41.12.090; RCW 41.14.120).
1009.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the
initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence relevant to each allegation. A separate recommended finding should
be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each
allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.
Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1009.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred
and that it constituted misconduct.
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
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1009.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation.
1009.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.
1009.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non -investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
1009.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a) May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business -hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.
1009.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be provided with all rights afforded to a civilian.
The member should not be administratively ordered to provide any information in the criminal
investigation.
The Port Orchard Police Department may release information concerning the arrest or detention
of any member, including an officer, that has not led to a conviction. No disciplinary action should
be taken until an independent administrative investigation is conducted.
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1009.10 POST -ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review and include their
comments in writing before forwarding the report. The Chief of Police may accept or modify any
classification or recommendation for disciplinary action.
1009.10.1 DEPUTY CHIEF RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Deputy Chief of the involved member
shall review the entire investigative file, the member's personnel file and any other relevant
materials.
The Deputy Chief may make recommendations regarding the disposition of any allegations and
the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Deputy Chief may return the entire
investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Deputy Chief shall include
all relevant materials supporting the recommendation. Actual copies of a member's existing
personnel file need not be provided and may be incorporated by reference.
1009.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Deputy Chief for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the
Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the
event disciplinary action is proposed, the Chief of Police shall provide the member with a written
notice and the following:
(a) Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1. Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2. If the member elects to respond orally, the presentation shall be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
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1009.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT
The Chief of Police or the authorized designee shall ensure that the complainant is notified,
by letter or other written format, of the disposition (i.e., sustained, not sustained, exonerated,
unfounded) of the complaint.
1009.11 PRE -DISCIPLINE EMPLOYEE RESPONSE
The pre -discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c) The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results prior to the imposition of
any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1009.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline (RCW
43.101.135).
1009.13 POST -DISCIPLINE APPEAL RIGHTS
Non -probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right to
appeal using the procedures established by any collective bargaining agreement, memorandum
of understanding and/or personnel rules.
In the event of punitive action against an employee covered by civil service, the appeal process
shall be in compliance with RCW 41.12.090 and RCW 41.14.120.
1009.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At -will and probationary employees and members other than non -probationary employees may
be disciplined and/or released from employment without adherence to any of the procedures set
out in this policy, and without notice or cause at any time. These individuals are not entitled to
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any rights under this policy. However, any of these individuals released for misconduct should be
afforded an opportunity solely to clear their names through a liberty interest hearing, which shall
be limited to a single appearance before the Chief of Police or the authorized designee.
Any probationary period may be extended at the discretion of the Chief of Police in cases where the
individual has been absent for more than a week or when additional time to review the individual
is considered to be appropriate.
1009.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established Washington State
records retention schedule and as described in the Personnel Records Policy.
1009.16 NOTIFICATION TO CRIMINAL JUSTICE TRAINING COMMISSION (CJTC)
CERTIFICATION BOARD
Upon separation of a peace officer for any reason, the Department shall, within 15 days of the
separation, notify the CJTC on a personnel action report form provided by the commission. When
a resignation or retirement is accepted in lieu of termination, the reasons and rationale shall
be included in the information provided to the CJTC, including the findings from any internal or
external investigations into alleged misconduct (RCW 43.101.135).
The CJTC shall be notified within 15 days of an initial disciplinary decision made by the Department
for alleged behavior or conduct by an officer that is noncriminal and may result in revocation of
certification (RCW 43.101.135).
The CJTC shall also be notified regarding any decision to discipline an officer for failure to
intervene or for failure to report an incident of excessive force or any wrongdoing by another peace
officer for determination of suspension or revocation of certification (RCW 10.93.190).
The Department shall provide timely updates on an internal investigation reported to the CJTC
and provide a summary of findings to the CJTC within 15 days of concluding the investigation
(WAC 139-06-020).
The Department shall, upon request of the CJTC, provide such additional documentation
or information as the commission deems necessary to determine whether the separation or
event provides grounds for suspension or revocation of the peace officer's certification (RCW
43.101.135).
1009.17 ANNUAL REVIEW AND ANALYSIS
The Deputy Chief shall prepare an annual review and analysis report on internal investigations.
The report should not contain any identifying information about any specific complaint, citizen, or
officer and should address:
(a) Policy and procedure issues identified during the review process, if any.
(b) Training issues identified during the review process, if any.
(c) Personnel issues identified during the review process, if any.
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The report shall be submitted to and reviewed and approved by the Chief of Police.
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Seat Belts
1010.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of seat belts and child restraints. This policy will
apply to all members operating or riding in department vehicles.
1010.1.1 DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor
Vehicle Safety Standards (FMVSS) and regulations set forth in 49 CFR 571.213 and RCW
46.61.687(6).
1010.2 POLICY
It is the policy of the Port Orchard Police Department that members use safety and child restraint
systems to reduce the possibility of death or injury in a motor vehicle collision.
1010.3 WEARING OF SAFETY RESTRAINTS
All members shall wear properly adjusted safety restraints when operating or riding in a seat
equipped with restraints, in any vehicle owned, leased or rented by this department while on- or
off -duty, or in any privately owned vehicle while on -duty. The member driving such a vehicle shall
ensure that all other occupants, including those who are not members of the Department, are
properly restrained (RCW 46.61.688; RCW 46.61.687).
Exceptions to the requirement to wear safety restraints may be made only in exceptional situations
where, due to unusual circumstances, wearing a seat belt would endanger the department
member or the public. Members must be prepared to justify any deviation from this requirement.
1010.4 TRANSPORTING CHILDREN
A child restraint system shall be used for all children of an age, height or weight for which such
restraints are required by law (RCW 46.61.687).
Rear seat passengers in a cage -equipped vehicle may have reduced clearance, which requires
careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by
law, children and any child restraint system may be secured in the front seat of such vehicles
provided this positioning meets federal safety standards and the vehicle and child restraint system
manufacturer's design and use recommendations. In the event that a child is transported in the
front seat of a vehicle, the seat should be pushed back as far as possible and the passenger -
side air bag should be deactivated. If this is not possible, members should arrange alternate
transportation when feasible.
1010.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES
Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of
any department vehicle with a prisoner restraint system or, when a prisoner restraint system is
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not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is
not intended to be a substitute for handcuffs or other appendage restraints (WAC 204-41-030).
Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints
Policy.
1010.6 INOPERABLE SEAT BELTS
Department vehicles shall not be operated when the seat belt in the driver's position is inoperable.
Persons shall not be transported in a seat in which the seat belt is inoperable.
Department vehicle seat belts shall not be modified, removed, deactivated or altered in any
way, except by the vehicle maintenance and repair staff, who shall do so only with the express
authorization of the Chief of Police.
Members who discover an inoperable restraint system shall report the defect to the appropriate
supervisor. Prompt action will be taken to replace or repair the system.
1010.6 VEHICLES MANUFACTURED WITHOUT SEAT BELTS
Vehicles manufactured and certified for use without seat belts or other restraint systems are
subject to the manufacturer's operator requirements for safe use.
1010.8 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or
deactivated, except when transporting children as written elsewhere in this policy. All equipment
installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer
specifications to avoid the danger of interfering with the effective deployment of the airbag device.
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Body Armor
1011.1 PURPOSE AND SCOPE
The purpose of this policy is to provide law enforcement officers with guidelines for the proper
use of body armor.
1011.2 POLICY
It is the policy of the Port Orchard Police Department to maximize officer safety through the use
of body armor in combination with prescribed safety procedures. While body armor provides a
significant level of protection, it is not a substitute for the observance of officer safety procedures.
1011.3 ISSUANCE OF BODY ARMOR
The Administrative Services supervisor shall ensure that body armor is issued to all officers when
the officer begins service at the Port Orchard Police Department and that, when issued, the body
armor meets or exceeds the standards of the National Institute of Justice.
The Administrative Services supervisor shall establish a body armor replacement schedule and
ensure that replacement body armor is issued pursuant to the schedule or whenever the body
armor becomes worn or damaged to the point that its effectiveness or functionality has been
compromised.
1011.3.1 USE OF SOFT BODY ARMOR
Generally, the use of body armor is required subject to the following:
(a) Officers shall only wear agency -approved body armor.
(b) Officers shall wear body armor anytime they are in a situation where they could
reasonably be expected to take enforcement action. This shall include any time an
officer is operating a marked police vehicle.
(c) Officers may be excused from wearing body armor when they are functioning primarily
in an administrative or support capacity and could not reasonably be expected to take
enforcement action.
(d) Body armor shall be worn when an officer is working in uniform or taking part in
Department range training.
(e) An officer may be excused from wearing body armor when he/she is involved
in undercover or plainclothes work that his/her supervisor determines could be
compromised by wearing body armor, or when a supervisor determines that other
circumstances make it inappropriate to mandate wearing body armor.
1011.3.2 INSPECTIONS OF BODY ARMOR
Supervisors should ensure that body armor is worn and maintained in accordance with this policy
through routine observation and periodic documented inspections. Annual inspections of body
armor should be conducted by an authorized designee for fit, cleanliness and signs of damage,
abuse and wear.
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1011.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR
Soft body armor should never be stored for any period of time in an area where environmental
conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient
room temperature/humidity conditions), such as in automobiles or automobile trunks.
Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions
provided with the soft body armor. The instructions can be found on labels located on the external
surface of each ballistic panel. The carrier should also have a label that contains care instructions.
Failure to follow these instructions may damage the ballistic performance capabilities of the armor.
If care instructions for the soft body armor cannot be located, contact the manufacturer to request
care instructions.
Soft body armor should not be exposed to any cleaning agents or methods not specifically
recommended by the manufacturer, as noted on the armor panel label.
Soft body armor should be replaced in accordance with the manufacturer's recommended
replacement schedule.
1011.4 RANGEMASTER RESPONSIBILITIES
The Rangemaster should:
(a) Monitor technological advances in the body armor industry for any appropriate
changes to Department approved body armor.
(b) Assess weapons and ammunition currently in use and the suitability of approved body
armor to protect against those threats.
(c) Provide training that educates officers about the safety benefits of wearing body armor.
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Personnel Records
1012.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any
file maintained under an individual member's name.
1012.2 POLICY
It is the policy of this department to maintain personnel records and preserve the confidentiality
of personnel records pursuant to the Constitution and the laws of Washington.
1012.3 DEPARTMENT FILE
The department file shall be maintained as a record of a person's employment/appointment with
this department. The department file should contain, at a minimum:
(a) Personal data, including photographs, marital status, names of family members,
educational and employment history or similar information. A photograph of the
member should be permanently retained.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions and other changes in
employment/appointment status. These should be permanently retained.
(d) Original performance evaluations. These should be permanently maintained.
(e) Discipline records, including copies of sustained personnel complaints.
(f) Adverse comments such as supervisor notes or memos may be retained in the
department file after the member has had the opportunity to read and initial the
comment.
1. Once a member has had an opportunity to read and initial any adverse comment,
the member shall be given the opportunity to respond in writing to the adverse
comment..
2. Any member response shall be attached to and retained with the original adverse
comment.
3. If a member refuses to initial or sign an adverse comment, at least one supervisor
should note the date and time of such refusal on the original comment. Such a
refusal, however, shall not be deemed insubordination, nor shall it prohibit the
entry of the adverse comment into the member's file.
(g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted
invasion of personal privacy.
1012.4 DIVISION FILE
Division files may be separately maintained internally by a member's supervisor for the purpose of
completing timely performance evaluations. The Division file may contain supervisor comments,
notes, notices to correct, and other materials that are intended to serve as a foundation for the
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completion of timely performance evaluations. Division file entries are not considered disciplinary
actions. All entries made into the division files shall be referenced in the employee's annual
evaluation.
When completing an employee's performance evaluation, supervisors shall attach all
documentation found in the file to the evaluation.
After completing an employee's performance evaluation, the supervisor shall purge the division
file and provide its contents to the employee.
1012.5 TRAINING FILE
An individual training file shall be maintained for each member. Training files will contain records
of all training; original or photocopies of available certificates, transcripts, diplomas and other
documentation; and education and firearms qualifications. Training records may also be created
and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records).
(a) The involved member is responsible for providing Administrative Services with
evidence of completed training/education in a timely manner.
(b) Administrative Services shall ensure that copies of such training records are placed
in the member's training file.
1012.6 EMPLOYEE ACCESS TO OWN FILE
Employees may be restricted from accessing files containing any of the following information:
(a) Background information, letters of recommendation, test results, and promotional
assessments.
(b) Ongoing Internal Affairs investigations to the extent that it could jeopardize or
compromise the investigation pending final disposition or notice to the employee of
the intent to discipline, consistent with applicable law.
(c) Confidential portions of Internal Affairs files which have not been sustained against
the employee.
Any employee may request access to his/her own personnel file(s) during the normal business
hours of the individual(s) responsible for maintaining such file(s). Any employee seeking the
removal of any item from his/her personnel file shall file a written request to the Chief of
Police through the chain of command. The Department shall thereafter remove any such item if
appropriate or within 30 days provide the employee with a written explanation why the contested
item will not be removed. If the contested item is not removed from the file, the employee's request
and the department's written response shall be retained with the contested item in the employee's
personnel file (RCW 49.12.250).
1012.7 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain
all documents relating to the member's medical condition and history, including but not limited to:
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(a) Materials relating to a medical leave of absence, including leave under the Family and
Medical Leave Act (FMLA).
(b) Documents relating to workers' compensation claims or the receipt of short- or long-
term disability benefits.
(c) Fitness -for -duty examinations, psychological and physical examinations, follow-up
inquiries and related documents.
(d) Medical release forms, doctor's slips and attendance records that reveal a member's
medical condition.
(e) Any other documents or materials that reveal the member's medical history or
medical condition, including past, present or future anticipated mental, psychological
or physical limitations.
1012.8 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet
or access -controlled room. Personnel records maintained in an electronic format should have
adequate password protection.
Personnel records are subject to disclosure only as provided in this policy, the Records
Maintenance and Release Policy or according to applicable discovery procedures.
Nothing in this policy is intended to preclude review of personnel records by the Mayor, City
Attorney or other attorneys or representatives of the City in connection with official business.
1012.8.1 REQUESTS FOR DISCLOSURE
Any member receiving a request for a personnel record shall promptly notify the Public Records
Officer or other person charged with the maintenance of such records.
Upon receipt of any such request, the responsible person shall notify the affected member as
soon as practicable that such a request has been made.
The responsible person shall further ensure that an appropriate response to the request is made
in a timely manner, consistent with applicable law. In many cases, this may require assistance
of available legal counsel.
All requests for disclosure that result in access to a member's personnel records shall be logged
in the corresponding file.
1012.8.2 RELEASE OF PERSONNEL INFORMATION
The Department may release any factual information concerning a disciplinary investigation if the
member who is the subject of the investigation (or the member's representative) publicly makes
a statement that is published in the media and that the member (or representative) knows to be
false. The disclosure of such information, if any, shall be limited to facts that refute any such false
statement.
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1012.8.3 NOTICE TO MEMBER
Upon receipt of a request for information located exclusively in a member's personnel record, the
Public Records Officer is responsible for providing notice to the member, the union representing
the member, and to the requestor, that includes the following information (RCW 42.56.250):
(a) The date of the request
(b) The nature of the requested record relating to the member
(c) That information in the record will be released if not exempt from disclosure at least
10 days from the date the notice is made
(d) That the member may seek to enjoin release of the records under RCW 42.56.540
(court protection of public records).
1012.9 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS
Any member may request access to his/her own personnel records annually during the normal
business hours of those responsible for maintaining such files. Any member seeking the removal
of any item from his/her personnel records shall file a written request to the Chief of Police through
the chain of command. The Department shall remove any such item if appropriate, or within 30
days provide the member with a written explanation of why the contested item will not be removed.
If the contested item is not removed from the file, the member's request and the written response
from the Department shall be retained with the contested item in the member's corresponding
personnel record (RCW 49.12.250).
Members may be restricted from accessing files containing any of the following information:
(a) An ongoing internal affairs investigation to the extent that it could jeopardize or
compromise the investigation pending final disposition or notice to the member of the
intent to discipline.
(b) Confidential portions of internal affairs files that have not been sustained against the
member.
(c) Criminal investigations involving the member.
(d) Letters of reference concerning employment/appointment, licensing or issuance of
permits regarding the member.
(e) Any portion of a test document, except the cumulative total test score for either a
section of the test document or for the entire test document.
(f) Materials used by the Department for staff management planning, including judgments
or recommendations concerning future salary increases and other wage treatments,
management bonus plans, promotions and job assignments or other comments or
ratings used for department planning purposes.
(g) Information of a personal nature about a person other than the member if disclosure of
the information would constitute a clearly unwarranted invasion of the other person's
privacy.
(h) Records relevant to any other pending claim between the Department and the member
that may be discovered in a judicial proceeding.
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1012.10 RETENTION AND PURGING
Unless provided otherwise in this policy, personnel records shall be maintained in accordance
with the established records retention schedule.
(a) During the preparation of each member's performance evaluation, all personnel
complaints and disciplinary actions should be reviewed to determine the relevancy,
if any, to progressive discipline, training and career development. Each supervisor
responsible for completing the member's performance evaluation should determine
whether any prior sustained disciplinary file should be retained beyond the required
period for reasons other than pending litigation or other ongoing legal proceedings.
(b) If a supervisor determines that records of prior discipline should be retained beyond
the required period, approval for such retention should be obtained through the chain
of command from the Chief of Police.
(c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action
maintained beyond the required retention period is no longer relevant, all records of
such matter may be destroyed in accordance with the established records retention
schedule.
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Commendations and Awards
1013.1 PURPOSE AND SCOPE
This policy provides general guidelines for recognizing commendable or meritorious acts of
members of the Port Orchard Police Department and individuals from the community. The
Port Orchard Police Department expects a high level of professional conduct from all of its
members. When members perform their duties in a manner exceeding the highest standards of
the department, it is fitting to officially commend that performance and arrange for appropriate
publicity to be provided. This gives full recognition to those who have brought honor to themselves
and the department.
1013.2 POLICY
It is the policy of the Port Orchard Police Department to recognize and acknowledge exceptional
individual or group achievements, performance, proficiency, heroism and service of its members
and individuals from the community through commendations and awards.
1013.2.1 DEFINITIONS
Above and Beyond the Call of Duty: An act performed that is not required by the
member's position. The act performed must have been one of personal bravery or
self-sacrifice so conspicuous as to clearly illustrate a willingness to risk his/her life in
the performance of his/her duty.
2. Extreme Risk: A condition that is more likely than not to produce death.
3. Significant Risk: A situation that involves personal danger to an employee and may
produce death.
4. Exceptional Performance: An act or series of acts that demonstrate personal bravery
or self-sacrifice.
5. Highly Professional Conduct or Performance: An act or series of acts that
are indicative of exemplary initiative in performing an outstanding police action,
exceptional problem -solving effort, community service, or the member's assigned
function in an unusually effective manner.
1013.3 COMMENDATIONS AND AWARDS
Commendations or awards for members of the Department or for individuals from the community
may be initiated by any department member or by any person from the community. The following
commendations and awards are established for exceptional service to the Port Orchard Police
Department and the community it serves.
1013.3.1 DEPARTMENT COMMENDATIONS AND AWARDS
Medal of Honor: Awarded to a member when that member has been killed or has
sustained a career -ending injury in the line of duty.
2. Medal of Valor: Awarded for an act that involves extreme risk to the life of the member
and is performed above and beyond the call of duty. The voluntary action must be
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conspicuous in its gallantry and heroism and the member is fully aware of the threat
to life and limb.
3. Purple Shield: Awarded to a member who, in the line of duty, has suffered serious
physical injury, permanent disfigurement, or protracted and permanent impairment of
health or any bodily function.
4. Life -Saving Medal: Awarded for an act that attempts to and/or results in saving the
life of another. This award may be bestowed with any other award if merited.
5. Officer of the Year: Awarded to a commissioned officer who has exemplified the
Mission, Vision, and Values of the Port Orchard Police Department during the entire
calendar year.
6. Professional Staff of the Year: Awarded to a member of the Administrative Services
Division who has exemplified the Mission, Vision, and Values of the Port Orchard
Police Department during the entire calendar year.
7. Exceptional Duty Award: Awarded for excellence in police work or outstanding
performance of duties under unusual, complicated, or hazardous conditions. Also
awarded for outstanding performance over a prolonged period of time or for
designing and implementing exemplary problem -solving projects in cooperation with
the community.
8. Civic Achievement Award: Awarded for exemplary performance in voluntary off -duty
community service or civic affairs.
9. Police Chief's Commendation: To be awarded for highly professional conduct or
performance.
10. Narcan Administration Award: Awarded to those who successfully administer
Narcan to individuals suffering from an opioid overdose without needing to apply other
life-saving measures such as CPR.
11. Core Values Award: Awarded at the discretion of any supervisor for conduct or
performance exemplifying the Port Orchard Police Department's core values of
Service, Honor, and Integrity. These awards are not reviewed by the Awards Review
Committee.
1013.3.2 CITIZEN COMMENDATIONS AND AWARDS
Police Chief's Citizen Commendation: To be awarded for citizen actions that have
contributed to the apprehension of criminals and/or by demonstrating selfless behavior
in an emergency or other critical situations. The Citizen Commendation may also
be awarded to a citizen for aid rendered to the police that involves assisting the
department to achieve its Mission.
2. Police Chief's Citation: To be awarded to citizens who contribute significantly to the
police -community relations or aids in the prevention of crime and/or providing safety
to the community.
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1013.3.3 ADDITIONAL AWARD RIBBONS
Service: This honor and ribbon will be awarded to members who have served five
consecutive years of service with the Port Orchard Police Department. Each additional
five years of service will qualify for an additional 5/16th gold star attachment placed
on the ribbon bar and evenly spaced.
2. Safe Driver: Awarded to those members who have had no preventable accidents
within three-year increments. Members who operate vehicles for at least half of their
work time are eligible.
3. Marksmanship: Awarded to members who, for two consecutive years, have
maintained a firearm qualification score of at least 90% on all firearm platforms.
4. FBI National Academy: This honor and ribbon will be awarded to members who
successfully attend and complete the FBI National Academy.
5. Northwestern University: This honor and ribbon will be awarded to members who
attend and complete the School of Police and Command at Northwestern University.
6. Senior Management Institute for Police: This honor and ribbon will be awarded to
members who attend and complete the Senior Management Institute for Police.
7. Command College: This honor and ribbon will be awarded to members who attend
and complete a state -certified Command College.
8. FBI-LEEDA Trilogy: This honor and ribbon will be awarded to members who attend
and complete the Trilogy series from FBI-LEEDA.
1013.4 AWARDS REVIEW COMMITTEE
The Awards Review Committee will administer and review the program of awards and recognition
for members of the Port Orchard Police Department. The committee shall be chaired by the Deputy
Chief of Police and be comprised of the chair and three members of the department - one sergeant,
one officer, and one professional staff member. The board shall meet annually or as needed.
Officer of the Year and Professional Staff of the Year nominations are submitted by peers to a
supervisor. The administration and review of these awards will be conducted by command staff.
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Fitness for Duty
1014.1 PURPOSE AND SCOPE
All officers are required to be free from any physical, emotional, or mental condition which might
adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that
all officers of this department remain fit for duty and able to perform their job functions.
1014.2 EMPLOYEE RESPONSIBILITIES
(a) It shall be the responsibility of each member of this department to maintain good
physical condition sufficient to safely and properly perform the essential duties of their
job position.
(b) Each member of this department shall perform his/her respective duties without
physical, emotional, and/or mental constraints.
(c) During working hours, all employees are required to be alert, attentive, and capable
of performing their assigned responsibilities.
(d) Any employee who feels unable to perform his/her duties shall promptly notify a
supervisor.
(e) Any employee observing another member exhibiting an abrupt or negative change
in customary behavior or physical ability resulting in an inability to perform essential
functions of the position should immediately notify a supervisor. If the supervisor is the
affected member, the observing employee should notify the next person in the chain
of command.
1014.3 SUPERVISOR RESPONSIBILITIES
(a) A supervisor observing an employee or receiving a report of an employee who is
perceived to be unable to safely perform his/her duties due to a physical or mental
condition shall take prompt and appropriate action in an effort to address the situation.
(b) Whenever feasible, the supervisor should make a preliminary determination of the
level of inability of the employee to perform the essential duties required of the job.
(c) In the event the employee appears to be in need of immediate medical or psychiatric
treatment, all reasonable efforts should be made to obtain sufficient information
regarding the nature of the concern to enable the Department to assess options
and react responsibly to assure the safety of the employee, other members of the
Department and the public, while complying with the employee's legal rights.
(d) In conjunction with the Chief of Police and the employee's Division commander, a
determination should be made whether or not the employee should be temporarily
relieved from his/her duties.
1014.4 RELIEF FROM DUTY
Any employee suffering from a work or non -work related condition which warrants a temporary
relief from duty may be entitled to be placed on family medical leave under state and/or federal
law. Consult with Human Resources to assure proper notification and compliance with family
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medical leave rights. Employees who are relieved from duty for medical reasons may be eligible
for workers compensation payments or may be required to use sick leave or other paid time off
consistent with applicable policies.
Any employee suffering from a work related condition which warrants a temporary relief from duty
shall be required to comply with personnel rules and guidelines for processing such claims.
1014.5 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS
(a) The employer has the right to require employees to submit to medical or psychological
examination where there exists probable cause to believe an employee is unfit for
duty. The Chief of Police may serve that employee with a written order to undergo a
physical and/or psychological examination in cooperation with Department of Human
Resources to determine the level of the employee's fitness for duty. The order shall
indicate the date, time and place for the examination. The CBA Section covering
Physical and Psychological Exams shall be followed by both the employee as well as
the employer.
(b) The examining health care provider will provide the Department with a report indicating
that the employee is either fit for duty or, if not, listing any functional limitations which
limit the employee's ability to perform job duties. The scope of the requested fitness for
duty report shall be confined to the physical or psychological condition that prompted
the need for the examination. If the employee places his/her condition at issue in
any subsequent or related administrative action/grievance, the examining physician
or therapist may be required to disclose any and all information which is relevant to
such proceeding.
(c) In order to facilitate the examination of any employee, the Department will provide
all appropriate documents and available information to assist in the evaluation and/
or treatment.
(d) All reports and evaluations submitted by the treating physician or therapist shall be
part of the employee's confidential personnel file.
(e) Any employee ordered to receive a fitness for duty examination shall comply with
the terms of the order and cooperate fully with the examining physician or therapist
regarding any clinical interview, tests administered or other procedures as directed.
Any failure to comply with such an order and any failure to cooperate with the
examining physician or therapist may be deemed insubordination and shall be subject
to discipline up to and including termination.
(f) In the event an employee is required to submit to a "fitness for duty" examination as
a condition of returning from medical leave required under the Family Medical Leave
Act (FMLA), contact Human Resources for direction regarding how to proceed.
(g) Once an employee has been deemed fit for duty by the examining health care provider,
the employee will be notified to resume his/her duties.
1014.6 LIMITATION ON HOURS WORKED
Absent emergency operations members should not work more than:
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• 16 hours in one day (24 hour) period, or
• 30 hours in any 2 day (48 hour) period, or
• 84 hours in any 7 day (168 hour) period.
Except in very limited circumstances members should have a minimum of 8 hours off between
shifts. Supervisors should give consideration to reasonable rest periods and are authorized to
deny overtime or relieve to off -duty status any member who has exceeded the above guidelines.
Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover,
training, general overtime and any other work assignments.
1014.7 APPEALS
An employee who is separated from paid employment or receives a reduction in salary resulting
from a fitness for duty exam shall be entitled to an administrative appeal as outlined in the
Personnel Complaints Policy.
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Meal Periods and Breaks
1015.1 PURPOSE AND SCOPE
This policy regarding meals and breaks, insofar as possible shall conform to the policy governing
all City employees that has been established by the Mayor.
1015.1.1 MEAL PERIODS
Sworn employees shall remain on duty subject to call during meal breaks. All other employees
are not on call during meal breaks unless directed otherwise by a supervisor.
Uniformed officers shall take their breaks within the City limits unless on assignment outside of
the City.
The time spent for the meal period shall not exceed the authorized time allowed.
1015.1.2 15 MINUTE BREAKS
Each employee is entitled to a 15 minute break, near the midpoint, for each four-hour work period.
Only one 15 minute break shall be taken during each four hours of duty. No breaks shall be taken
during the first or last hour of an employee's shift unless approved by a supervisor.
Employees normally assigned to the police facility shall remain in the police facility for their breaks.
This would not prohibit them from taking a break outside the facility if on official business.
Field officers will take their breaks in their assigned areas, subject to call and shall monitor their
radios.
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Payroll Records
1016.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of department
members who are eligible for the payment of wages.
1016.2 POLICY
The Port Orchard Police Department maintains timely and accurate payroll records.
1016.3 RESPONSIBILITIES
Non-exempt employees are responsible for the accurate and timely submission of payroll records
for the payment of wages. Completed electronic time cards shall be submitted to a supervisor for
approval prior to submission to Finance.
1016.4 TIME REQUIREMENTS
Members who are eligible for the payment of wages are paid on a scheduled, periodic basis,
generally on the same day or date each period, with certain exceptions, such as holidays. Payroll
records shall be completed and submitted as established by the City payroll procedures.
1016.5 RECORDS
The Operations Deputy Chief shall ensure that accurate and timely payroll records concerning
grant funding are maintained as required by 29 CFR 516.2 for a minimum of three years (29 CFR
516.5).
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Overtime Compensation Requests
1017.1 PURPOSE AND SCOPE
It is the policy of the Department to compensate non-exempt salaried employees who work
authorized overtime by payment of wages as agreed and in effect through the Collective
Bargaining Agreement. In order to qualify, the employee must complete and submit a request for
overtime compensation as soon as practical after overtime is worked.
1017.1.1 DEPARTMENT POLICY
Because of the nature of police work, and the specific needs of the Department, a degree of
flexibility concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Department. All requests
to work overtime shall be approved in advance by a supervisor. If circumstances do not permit
prior approval, then approval shall be sought as soon as practical during the overtime shift and in
no case later than the end of the shift in which the overtime is worked.
Short periods of work at the end of the normal duty day (e.g., less than one hour in duration)
may be handled unofficially between the supervisor and the employee by flexing a subsequent
shift schedule to compensate for the time worked rather than by submitting requests for overtime
payments. If the supervisor authorizes or directs the employee to complete a form for such a
period, the employee shall comply.
1017.2 REQUEST FOR OVERTIME COMPENSATION
Employees shall submit all overtime compensation requests to their immediate supervisors as
soon as practicable for verification. Failure to submit a request for overtime compensation in a
timely manner may result in discipline.
1017.2.1 EMPLOYEE RESPONSIBILITY
Employees shall complete the requests immediately after working the overtime and turn them in
to their immediate supervisor.
1017.2.2 SUPERVISOR RESPONSIBILITY
The supervisor who verifies the overtime earned shall verify that the overtime was worked before
approving the request. After approving unscheduled overtime, the supervisor will then place the
approved overtime information on the schedule for review at the end of each pay period.
1017.3 ACCOUNTING FOR OVERTIME WORKED
Employees are to record the actual time worked in an overtime status. In some cases, the
Collective Bargaining Agreement provides that a minimum number of hours will be paid.
1017.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR
When accounting for less than a full hour, time worked shall be rounded up to the nearest quarter
of an hour.
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1017.3.2 VARIATION IN TIME REPORTED
Where two or more employees are assigned to the same activity, case, or court trial and the
amount of time for which payment is requested varies from that reported by the other officer,
the Shift Supervisor or other approving supervisor may require each employee to include in their
request the reason for the variation.
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Outside Employment
1018.1 PURPOSE AND SCOPE
This policy governs secondary employment, delineates the types of secondary employment that
are appropriate, and establishes procedures to maintain accountability of work outside of regular
assigned work shifts. These procedures ensure that secondary employment, which consists
of part-time or off -duty employment, does not interfere with the primary responsibility of law
enforcement officers to serve this agency.
In order to avoid actual or perceived conflicts of interest for department employees engaging in
outside employment, all employees shall obtain written approval from the Chief of Police prior to
engaging in any outside employment. Approval of outside employment shall be at the discretion
of the Chief of Police in accordance with the provisions of this policy.
1018.1.1 DEFINITIONS
Outside Employment - Any employment where an employee of this Department receives wages,
compensation, or other consideration of value from another employer, organization, or individual
not affiliated directly with this Department for services, product(s), or benefits rendered. Outside
employment does not require the use, or potential use of law enforcement powers by the police
officer employee, and is not performed during assigned hours of duty. An employee who owns or
operates any private business, works on commission, or receives compensation in any form from
any person, firm, or corporation other than the Department is considered to be engaged in outside
employment. Examples include photography, property management, construction, marketing,
retail sales, and other commercial pursuits.
Off -Duty Employment - Any employment that is conditioned on the actual or potential use of law
enforcement powers by the off -duty police employee for an employer other than the Port Orchard
Police Department is considered off -duty employment. An employee may work off -duty where the
entity has a contractual or permitted agreement with the City for police officers who are able to
exercise their police duties. Examples include traffic control and pedestrian safety, crowd control,
security and protection of life and property, routine law enforcement for public authorities, sporting
events, dances, construction projects, exhibitions, concerts, and plain clothes assignments. This
also includes law enforcement services provided to other City of Port Orchard departments which
the officers work on an overtime basis.
Secondary Employment - Refers to both Outside and Off -Duty Employment.
1018.2 OBTAINING APPROVAL
(a) No employee of this Department may engage in any secondary employment without
first obtaining prior written approval of the Chief of Police. Failure to obtain written
approval for secondary employment or engaging in employment prohibited by this
policy may lead to a disciplinary action.
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(b) In order to be eligible for secondary employment, a police employee must be in good
standing with the Department. Continued agency approval of a police employee's
secondary employment is contingent on such good standing.
(c) In order to obtain approval for secondary employment, that is not managed through the
City by contract or permit, the employee must submit a Outside Employment Permit
through the chain of command. A Outside Employment Permit must be submitted for
each separate activity. The Chief of Police gives final review and approval. Approval
must be given prior to the employee engaging in secondary employment.
1. If approved, the employee will be provided with a copy of the written approval.
Unless otherwise indicated in writing, the approval will be valid through the end
of the calendar year in which the approval was given. Any employee seeking to
renew approval must submit a new memo in a timely manner.
2. Any employee seeking approval of secondary employment, whose request has
been denied, shall be provided with a written reason for the denial at the time
it is provided.
(d) Officers who are on probation and in the Field Training Officer Program (FTO) will
be prohibited from secondary employment. During the remainder of the employee's
probationary period, participation in secondary employment will be reviewed on a
case -by -case basis.
(e) Employees who are on medical or other leave due to sickness, temporary disability,
or an on -duty injury shall not be eligible to engage in secondary employment unless
authorized by the Chief of Police.
1018.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT
If an employee's Outside Employment Application is denied or withdrawn by the Department, the
employee may file a written notice of appeal to the Chief of Police within thirty days of the date
of denial.
If the employee's appeal is denied, or if no response is received from the Chief of Police ten
(10) days after the employee files an appeal, the employee may file a grievance pursuant to the
procedure set forth in the current collective bargaining agreement.
1018.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS
Any secondary employment approval may be revoked or suspended under the following
circumstances:
(a) When the secondary employment results in inefficient or reduced performance by the
employee.
(b) The employment is found to involve the misuse of the police commission.
(c) Where it is determined that such secondary employment is not in the best interest of
the Department.
(d) As a term or condition of sustained discipline, where the Chief of Police determines
after conducting an investigation that the secondary employment is related to the
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Outside Employment
impetus for the discipline, and/or there is a nexus between the discipline and the
secondary employment.
(e) When an employee is unable to perform at a full duty capacity due to an injury or other
condition until the employee has been cleared to return to full duty status.
(f) Violation of any provisions for assignment of details, or failing to comply with policies
and procedures for outside or special details.
(g) Establishing a pattern of failing to report for assignments or tardiness.
(h) Lack of proper equipment, unacceptable appearance, performance, or conduct.
1018.3 PROHIBITED OUTSIDE EMPLOYMENT
The Department expressly reserves the right to deny any Secondary Employment request
submitted by an employee seeking to engage in any activity which, in its view, would:
(a) Involve the employee's use of department time, facilities, equipment or supplies,
the use of the Department badge, uniform, prestige or influence for private gain or
advantage.
(b) Involve time demands that would render performance of the employee's duties for
this department less efficient or render the employee unavailable for reasonably
anticipated overtime assignments and other job -related demands that occur outside
regular working hours.
(c) Conflict with the best interests of the City. Examples of employment which may
constitute a conflict of interest include, but are not limited to:
1. Employment involving bail bond agencies.
2. Employment as a process server, bill collector, or for any credit or collection
agency, or in any capacity involving repossession of motor vehicles or other
property or eviction from premises.
3. Employment as an investigator for insurance companies, collection agencies,
private investigators, or attorneys.
4. Employment as an investigator for in any capacity involving the use of police
records for other than law enforcement purposes.
5. Employment for any business that provides private investigations, background
checks, or administers deception detection exams.
6. Employment that assists (in any manner) the case preparation for the defense
in any criminal action or for either side in any civil proceeding.
7. Employment at any business licensed, inspected, or regulated by the City. This
includes:
(a) Employment that involves the officer's operation or control of any taxicab.
(b) Any employment which has any connection with towing vehicles for a
company that operates within the City.
8. Employment at pawn shops.
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9. Employment as a private security guard or security guard company within Kitsap
County, or employment for an armored car service, or similar provider of armed
or protective services, or performing personal security or bodyguard services for
any individual person.
10. Employment that involves the sale, manufacture, or transport of alcoholic
beverages as the principal business. This includes employment as doormen,
bouncers, or in similar security roles in any establishment that serves liquor. The
Chief of Police may grant special permission under certain circumstances such
as community festivals and charitable functions wishing to hire off -duty officers.
This section does not prohibit the home production of wine or malt beverages
for personal consumption as may be allowed by law.
11. Employment in any gambling establishment.
12. Employment in any establishment characterized as an adult entertainment
business or massage parlor.
13. Employment related to the protection of management, employees, or property
during a strike or labor dispute.
14. Any employment by any other municipality or political subdivision of the State,
except by express permission of the Chief of Police.
15. Any employment which requires affiliation, membership, or allegiance which
would tend to interfere with the proper discharge of one's duties as an employee
of the Department, or with their loyalty to the Department or the public trust.
16. Any employment which would involve the officer in a violation of any federal or
state statutes, or in a violation of any rule, regulation, or written directives of this
Department.
17. Any situation where the Chief of Police feels that the proposed employment
would not be in the best interest of the Department or might impair the operation
or efficiency of the Department or officers.
The Chief of Police may make exceptions to the above conditions of secondary employment if
extenuating circumstances exist and there is no statute prohibiting an employee of the Department
from engaging in such employment.
Engaging in secondary employment which is prohibited by this policy is cause for discipline.
1018.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT
Any private organization, entity, or individual seeking special services for security or traffic control
from employees of this Department must submit a formal request through the City's process in
advance of the desired service. The Chief of Police or designee will approve all requests. Such
services will be assigned, monitored, and paid through the Department. Should such a request be
approved, any employees working such assignments shall be subject to the following conditions:
(a) The officer(s) shall wear the Department uniform/identification.
(b) The officer(s) shall be subject to the rules and regulations of this Department.
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(c) No officer may engage in such employment during or at the site of a strike, lockout,
picket, or other physical demonstration of a labor dispute.
(d) No officer may engage in secondary employment as a peace officer for any other
public agency without prior written authorization from the Chief of Police.
1018.3.2 SECONDARY EMPLOYMENT ARREST AND REPORTING PROCEDURE
Any employee making an arrest or taking other official police action while working in an approved
outside overtime assignment shall be required to complete all related reports in a timely manner
pursuant to department policy.
1018.3.3 SPECIAL RESTRICTIONS
(a) Except for emergency situations or with prior authorization from the Chief of Police,
undercover officers or officers assigned to covert operations shall not be eligible to
work in a uniformed or other capacity which might reasonably disclose the officer's
status as a law enforcement officer.
(b) Work hours for all secondary employment must be scheduled in a manner that does
not conflict or interfere with the police employee's performance of duty.
(c) An officer engaged in any secondary employment is subject to call -out and may
be expected to leave any secondary employment. Employees directed to report for
overtime work will do so regardless of their secondary employment situation.
(d) While engaged in secondary employment, officers shall adhere to all rules, regulations,
and orders governing conduct or equipment used while on duty.
(e) Upon reporting to secondary employment, officers will notify dispatch of the location
and duration of the shift.
(f) In any secondary employment, safety equipment, as required by the Washington
Industrial Safety and Health Act, will be worn and provided by the employer and/or
officer.
(g) An employee who wishes to take leave to fulfill a secondary employment obligation will
request leave no less than 72 hours prior to the secondary employment assignment.
(h) Employees are responsible to find replacements when they are not able to attend
secondary employment that they previously committed to work.
(i) No employee shall solicit any individual or business for the purpose of gaining
secondary employment.
Q) Employees working secondary employment will be governed by the policies,
procedures, general orders, and code of conduct of the Department. Employees will
notify a supervisor of all reportable incidents, accidents, or injuries in accordance with
Department policy.
1018.4 DEPARTMENT RESOURCES
Employees are prohibited from using any department equipment or resources in the course of or
for the benefit of any outside employment. This shall include the prohibition of access to official
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records or databases of this department or other agencies through the use of the employee's
position with this department.
1018.5 MATERIAL CHANGES OR TERMINATION OF OUTSIDE EMPLOYMENT
If an employee terminates his/her outside employment during the period of a valid permit, the
employee shall promptly submit written notification of such termination to the Chief of Police
through the chain of command. Any subsequent request for renewal or continued outside
employment must thereafter be processed and approved through normal procedures set forth in
this policy.
Employees are also required to disclose material changes in outside employment that occur after
approval of outside employment has been granted to the Chief of Police in writing. For the purpose
of this policy, such changes include any material change in the number of hours, type of duties
or demands of outside employment. Employees who are uncertain whether a change in outside
employment is material are advised to report the change.
1018.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY
Department members engaged in outside employment who are placed on disability leave or
modified/light-duty shall inform their immediate supervisor in writing within five days whether or
not they intend to continue to engage in such secondary employment while on such leave or light -
duty status. The immediate supervisor shall review the duties of the outside employment along
with any related doctor's orders, and make a recommendation to the Chief of Police whether such
outside employment should continue.
In the event the Chief of Police determines that the outside employment should be discontinued
or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding their
outside employment, a notice of revocation of the member's permissions will be forwarded to the
involved employee, and a copy attached to the original request.
Criteria for revoking the outside employment permit include, but are not limited to, the following:
(a) The outside employment is medically detrimental to the total recovery of the disabled
member, as indicated by the City's professional medical advisors.
(b) The outside employment performed requires the same or similar physical ability, as
would be required of an on -duty member.
(c) The employee's failure to make timely notice of their intentions to their supervisor.
When the disabled member returns to full duty with the Port Orchard Police Department, a request
(in writing) may be made to the Chief of Police to restore the permissions.
1018.7 APPROVING / COORDINATING / SCHEDULING
(a) Coordinating and scheduling Off -Duty Employment and establishing procedures will
be the responsibility of the Chief of Police or designee. This includes approval of:
1. All off -duty work prior to being offered to employees.
2. Procedures for setting off -duty employment rates of pay.
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3. Procedures for coordinating approved work as to posting, equal opportunity to
sign up for job opportunities, and billing and payment for work performed.
4. The number of officers, including supervisors, needed for assignment based on
the type of event.
(b) The Port Orchard Police Department does not assume responsibility for guaranteeing
coverage of off -duty employment requests, with the possible exception of certain
events sponsored by the City and/or located at City facilities.
(c) When police officers are engaged in approved off -duty employment, they will be
considered to be in the employment of the City for insurance purposes and will be
insured under the same terms and conditions as apply when they are engaged in
regular on -duty law enforcement duties.
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Occupational Disease and Work -Related Injury
Reporting
1019.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding the timely reporting of occupational
diseases, post -traumatic stress disorder (PTSD), and work -related injuries.
1019.1.1 DEFINITIONS
Definitions related to this policy include:
Occupational disease or work -related injury - An injury, disease, PTSD, or infection while
acting in the course of employment (RCW 51.08.013; RCW 51.08.100; RCW 51.08.140; RCW
51.08.142).
1019.2 POLICY
The Port Orchard Police Department will address occupational diseases and work -related injuries
appropriately, and will comply with applicable state workers' compensation requirements (RCW
51.28.010 et seq.).
1019.3 RESPONSIBILITIES
1019.3.1 MEMBER RESPONSIBILITIES
Any member sustaining any occupational disease or work -related injury shall report such event
as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when
appropriate.
1019.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any occupational disease or work -related injury should ensure the
member receives medical care as appropriate.
Supervisors shall ensure that required documents regarding workers' compensation are
completed and forwarded promptly. Any related Citywide disease- or injury -reporting protocol shall
also be followed.
Supervisors shall determine whether the Major Incident Notification and the Accident, Illness and
Injury Prevention policies apply and take additional action as required.
1019.3.3 DEPUTY CHIEF RESPONSIBILITIES
The Deputy Chief, when receiving a report of an occupational disease or work -related injury should
review the report for accuracy and determine what additional action should be taken. The report
shall then be forwarded to the Chief of Police and the City's risk management entity to ensure any
required Department of Labor and Industries reporting is made as required in the accident, illness
and injury prevention plan identified in the Accident, Illness and Injury Prevention Policy.
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1019.3.4 CHIEF OF POLICE RESPONSIBILITIES
The Chief of Police shall review and forward copies of the report to the Human Resources. Copies
of the report and related documents retained by the Department shall be filed in the member's
confidential medical file.
1019.4 OTHER DISEASE OR INJURY
Diseases and injuries caused or occurring on -duty that do not qualify for workers' compensation
reporting shall be documented on the designated report of injury form, which shall be signed by
a supervisor. A copy of the completed form shall be forwarded to the Deputy Chief through the
chain of command and a copy sent to the Chief of Police.
Unless the injury is extremely minor, this report shall be signed by the affected member, indicating
that he/she desired no medical attention at the time of the report. By signing, the member does
not preclude his/her ability to later seek medical attention.
1019.5 SETTLEMENT OFFERS
When a member sustains an occupational disease or work -related injury that is caused by another
person and is subsequently contacted by that person, his/her agent, insurance company or
attorney and offered a settlement, the member shall take no action other than to submit a written
report of this contact to his/her supervisor as soon as possible.
1019.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL
No less than 10 days prior to accepting and finalizing the settlement of any third -party claim arising
out of or related to an occupational disease or work -related injury, the member shall provide the
Chief of Police with written notice of the proposed terms of such settlement. In no case shall
the member accept a settlement without first providing written notice to the Chief of Police. The
purpose of such notice is to permit the City to determine whether the offered settlement will affect
any claim the City may have regarding payment for damage to equipment or reimbursement for
wages against the person who caused the disease or injury, and to protect the City's right of
subrogation, while ensuring that the member's right to receive compensation is not affected.
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Personal Appearance Standards
1020.1 PURPOSE AND SCOPE
In order to project uniformity and neutrality toward the public and other members of the department,
employees shall maintain their personal hygiene and appearance in a manner that projects a
professional image appropriate for this department and for their assignment.
1020.2 GROOMING STANDARDS
Final determination to any violation of these standards is vested in the Chief of Police. Unless
otherwise stated, and because deviations from these standards could present officer safety issues,
the following appearance standards shall apply to all employees, except those whose current
assignment would deem them not appropriate, and where the Chief of Police has granted an
exception.
1020.2.1 HAIR
Hairstyles of all members shall be neat in appearance. For all sworn members, hair must be no
longer than the horizontal level of the bottom of the uniform patch when the employee is standing
erect, worn up, or in a tightly wrapped braid or ponytail. Hairstyles may not interfere with the
wearing of a uniform hat or other forms of headgear required for police personnel.
Hair shall not be worn in Mohawks, spikes, tails, unusual colors, with designs engraved into the
hair or scalp, or in a style deemed to be extreme or not within the norm of professional standards.
For those choosing to dye their hair, the color must be a shade of naturally occurring hair color
such as brown, black, blonde, red (natural), gray, or white.
1020.2.2 MUSTACHES
A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners
of the mouth or beyond the natural hairline of the upper lip.
1020.2.3 SIDEBURNS
Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes)
and shall be trimmed and neat.
1020.2.4 FACIAL HAIR
Members are permitted to wear facial hair that is neatly trimmed and professional in appearance.
Officers who have not yet completed the academy are not permitted to wear facial hair (except for
approved mustaches and sideburns). The approved growth periods for beards shall be as follows:
• Spring growth period - March 1 st through April 15th.
• Winter growth period - November 1 st through December 15th.
Beards shall be worn with a mustache, must cover the complete jawline, and cheeks shall be
shaved on and above the cheekbone. Facial hair shall cover below the jaw horizontally, but end
before the downward curve of the neck at a clean shave line. Beard length shall not be less than
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1/4 inch and not more than 1 inch in length. Members may not have any designs or patterns
groomed into their facial hair.
Prohibited Beard Styles:
• Goatees - beards that only cover the area around the mouth and chin.
• Chin Strap - beards that are trimmed to a thin line along the jawline.
• Patchy - beards of uneven or patchy growth.
• Stubble - beards shorter than 1/4 inch in length, also referred to as five o'clock shadow.
Beard color shall be consistent with the member's regular or natural hair color including those
members without hair (shaved or hair loss). Unnatural or multi -coloring shall not be permitted.
If at any time while on duty, a supervisor determines that a member's beard is not in compliance
with this policy, they may direct the member to remove some or all facial hair (except for approved
mustaches and sideburns). Members deemed not in compliance who are ordered to shave shall
be required to do so prior to reporting to their next duty shift. Members that fail to comply with the
order may be subject to discipline.
For those officers, who in the course of their duties, are required to use self-contained breathing
apparatus, facial hair shall also meet all manufacturer's recommendations for those items.
1020.2.5 FINGERNAILS
Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others.
For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip
of the finger.
1020.2.6 JEWELRY AND ACCESSORIES
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches,
and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety
concern for the department member or others. Jewelry that depicts racial, sexual, discriminatory,
gang -related, or obscene language is not allowed.
No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment,
except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible
above the shirt collar. Employees are authorized to wear medical alert bracelets, a wristwatch,
wedding rings, or other rings of minimalist design. A maximum of one ring/set may be worn on
each hand.
Employees are authorized to wear one small spherical, diamond, gold, white pearl, or silver
pierced, or clip earring per earlobe. The earring worn in each earlobe must match. Earrings should
fit tightly without extending below the earlobe.
1020.2.7 MAKEUP
Appropriate cosmetics, used in moderation, may be worn by employees provided that such use
does not detract from a professional appearance or constitute a safety hazard.
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1020.2.8 SUNGLASSES
Sunglasses and other personal eyewear must be of a style and design that compliments the duty
attire and presents a professional appearance. Mirrored lenses and flamboyant styles or colors
are prohibited.
1020.3 TATTOOS
Visible facial, head, hand, and neck tattoos/brands are not permitted in uniform or civilian attire
while on -duty by any department member without prior written approval of the Chief of Police or
designee. Cosmetic tattoos, such as eyeliner, eyebrows, and lips are an exception to this policy
as long as they are natural in appearance.
At no time while on -duty or representing the Department in any official capacity shall any offensive
tattoo or body art be visible. Examples of offensive tattoos or body art include but are not limited
to those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist
group affiliation; and those that depict or promote obscene language, nudity, drug use, sexually
explicit acts, or other obscene material.
No employee shall acquire a new tattoo that would violate this policy.
The Chief of Police reserves the right to require the concealment of any tattoo.
1020.4 BODY PIERCING OR ALTERATION
Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a
deviation from normal anatomical features and which is not medically required is prohibited except
with prior authorization of the Chief of Police. Such body alteration includes, but is not limited to:
(a) Tongue splitting or piercing.
(b) The complete or transdermal implantation of any material other than hair replacement.
(c) Abnormal shaping of the ears, eyes, nose or teeth.
(d) Branding or scarification.
1020.4 HYGIENE
When reporting for duty, an employee shall maintain appropriate personal hygiene so as not to
offend fellow employees or members of the public.
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Uniform Regulations
1021.1 PURPOSE AND SCOPE
The uniform policy of the Port Orchard Police Department is established to ensure that uniformed
officers will be reasonably identifiable to the public through the proper use and wearing of
department uniforms (RCW 10.116.050).
Employees should also refer to the following associated policies:
• Department -Owned and Personal Property
• Body Armor
• Personal Appearance Standards
The Uniform and Equipment Specifications manual is maintained and periodically updated by the
Chief of Police or the authorized designee. That manual should be consulted regarding authorized
equipment and uniform specifications.
1021.1.1 DEFINITIONS
Reasonably identifiable — The officer's uniform clearly displays the officer's name or other
information that members of the public can see and the department can use to identify the officer
(RCW 10.116.050).
1021.2 POLICY
The Port Orchard Police Department will provide uniforms for all employees who are required to
wear them in the manner, quantity, and frequency agreed upon in the respective employee group's
collective bargaining agreement. The Department may provide other department members with
uniforms at the direction of the Chief of Police.
All uniforms and equipment issued to department members shall be returned to the Department
upon termination or resignation.
1021.3 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT
Police employees wear the uniform to be identified as the law enforcement authority in society. The
uniform also serves an equally important purpose to identify the wearer as a source of assistance
in an emergency, crisis or other time of need.
(a) Uniform and equipment shall be maintained in a serviceable condition and shall be
ready at all times for immediate use. Uniforms shall be neat, clean, and appear
professionally pressed.
(b) All peace officers of this department shall possess and maintain at all times, a
serviceable uniform and the necessary equipment to perform uniformed field duty.
(c) Personnel shall wear only the uniform specified for their rank and assignment.
(d) The uniform is to be worn in compliance with the specifications set forth in the
department's uniform specifications that are maintained separately from this policy.
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(e) All supervisors will perform periodic inspections of their personnel to ensure
conformance to these regulations.
(f) Civilian attire shall not be worn in combination with any distinguishable part of the
uniform.
(g) Uniforms are only to be worn while on duty, while in transit to or from work, for court,
or at other official department functions or events.
(h) If the uniform is worn while in transit, an outer garment shall be worn over the uniform
shirt so as not to bring attention to the employee while he/she is off duty.
(i) Employees are not to purchase or drink alcoholic beverages while wearing any part
of the department uniform, including the uniform pants.
Q) Mirrored sunglasses will not be worn with any Department uniform.
(k) All visible jewelry must adhere to standards of professional appearance and taste.
Officers may wear two rings and a watch. Two pairs of post earrings are also permitted.
Necklaces shall be worn under the t-shirt and not visible.
1021.3.1 DEPARTMENT -ISSUED IDENTIFICATION
The Department issues each employee an official department identification card bearing the
employee's name, identifying information and photo likeness. All employees shall be in possession
of their department -issued identification card at all times while on duty or when carrying a
concealed weapon under their commissioned status.
(a) Whenever on duty or acting in an official capacity representing the department,
employees shall display their department -issued identification in a courteous manner
to any person upon request and as soon as practical.
(b) Officers working specialized assignments may be excused from the possession and
display requirements when directed by their Deputy Chief.
1021.4 UNIFORM CLASSES
1021.4.1 CLASS A UNIFORM
The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies,
or as directed. The Class A uniform is required for all sworn personnel.
Boots with pointed toes are not permitted.
1021.4.2 CLASS B UNIFORM
All officers will possess and maintain a serviceable Class B uniform at all times.
The Class B uniform will consist of the following garments and equipment::
(a) A long or short sleeve shirt may be worn with the collar open. No tie is required.
(b) Department -issued jumpsuit.
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(c) A black or white crew -neck t-shirt must be worn with the uniform. Turtlenecks and
mock turtlenecks are approved but undershirts with long sleeves will not be permitted
to be worn with a short sleeve uniform shirt.
(d) All shirt buttons must remain buttoned except for the last button at the neck.
(e) Approved all black unpolished shoes may be worn.
(f) Boots with pointed toes are not permitted.
Metal or sewn on name tags will be worn on the right breast pocket with the bar centered between
the seams at the top of the pocket flap. Name bars or tags will be worn on all uniform jackets.
Outerwear, including jackets and rain gear, will be of a Department -approved design.
The Department -issued baseball hat is authorized for uniformed officers. The hat will be worn
with the brim facing forward and crown sitting level on the head. The crown and brim will not be
reformed or creased from its natural curvature. No worn, dirty, or faded baseball hats are to be
worn on duty. During inclement weather, officers may also wear a black knit or fleece cap provided
there is no visible brand or logo.
1021.4.3 SPECIALIZED UNIT UNIFORMS
The Chief of Police may authorize special uniforms to be worn by officers in specialized units such
as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments.
1021.4.4 FOUL WEATHER GEAR
The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear.
1021.4.5 EQUIPMENT SPECIFICATIONS
All equipment that is carried, and uniforms worn, will be authorized by the Chief of Police. No
personally -owned equipment will be carried unless permission is obtained from the Chief of Police
or designee or is listed as optional below.
(a) Duty Gear - the duty gear and duty belt will be of leather or laminate basket weave
design or black nylon and of an authorized brand. All accessories worn on the duty
belt will match the duty belt unless otherwise authorized.
(b) Mandatory equipment - The following Department -approved or authorized equipment
must be carried on the uniform duty belt or exterior vest, in the appropriate matching
case, pouch, or holder:
1. One holster.
2. One handgun with at least two spare magazines.
3. One set of handcuffs.
4. One pepper spray aerosol can. (Note: The pepper spray may be removed from
the belt and carried in the vehicle provided the officer carries a Taser on the
duty belt.)
5. One expandable or straight baton.
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6. Ammunition magazine holders or magazine pouch.
7. One portable radio and holder.
8. One Taser.
(c) Optional Authorized Equipment - The following items may be optionally carried on the
officer's person or duty belt:
1. One folding -type knife.
2. Keys and holder.
3. Additional handcuffs.
4. Gloves pouch.
5. Cell phone holder. Cell phones will not be attached or carried from the uniform
or uniform epaulets.
(d) Shoes - footwear shall be solid black in color of a military dress show or tactical lace -
up boot style. Members will not wear shoes that are un-shined (if capable of accepting
polish), scuffed, dirty, or worn beyond serviceability.
1021.4.6 CLASS C UNIFORM
The Class C uniform will be designated for training events where it is appropriate to be identified
as a member of the Port Orchard Police Department, but there is no need to be in a full patrol
uniform. The uniform shall consist of:
(a) Black Department -issued polo.
1. Badge insignia on left chest.
2. First initial and last name on right chest.
(b) Khaki Department -issued pants.
(c) Black Class B shoes.
1021.5 INSIGNIA AND PATCHES
(a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall
be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of
an inch below the shoulder seam of the shirt and be bisected by the crease in the
sleeve. No other patch may be worn without the authorization of the Chief of Police.
(b) Collar brass - command staff shall wear their rank insignia on the collar.
(c) Service stripes, stars, etc. - Service stripes may be worn on long-sleeved shirts and
jackets. One stripe shall indicate three years of continuous law enforcement service.
They are to be machine stitched onto the uniform. The bottom of the service stripe
shall be sewn the width of one and one-half inches above the cuff seam with the rear
of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on
the left sleeve only.
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(d) The regulation nameplate, or an authorized sewn -on cloth nameplate, shall be worn at
all times while in uniform. The nameplate shall display the employee's first initial and
last name. If an employee's first and last names are too long to fit on the nameplate,
then the initial of the first name will accompany the last name. The nameplate shall be
worn and placed above the right pocket located in the middle, bisected by the pressed
shirt seam, with equal distance from both sides of the nameplate to the outer edge
of the pocket.
(e) When a jacket is worn, the nameplate or an authorized sewn -on cloth nameplate shall
be affixed to the jacket in the same manner as the uniform.
(f) Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as
designated by the Chief of Police.
(g) Flag Pin - A flag pin may be worn, centered above the nameplate.
(h) Badge - The department -issued badge, or an authorized sewn -on cloth replica, must
be worn and visible at all times while in uniform.
(i) Rank Insignia - The designated insignia indicating the employee's rank must be worn
at all times while in uniform.
1. Sergeant stripes are worn on all shirts and jackets. Stripes are worn 1" below
the Department patch and centered on the sleeve with the sleeve crease going
through the center of the stripes.
2. Command star insignias are worn on the collar. The Chief of Police shall wear
three stars; the Deputy Chief shall wear one star.
1021.5.1 MOURNING BAND
Uniformed employees should wear a black mourning band across the uniform badge whenever
a Washington State law enforcement officer is killed in the line of duty. The following mourning
periods will be observed:
(a) From the time of death until midnight on the day of the funeral.
(b) While attending the funeral of an out of region fallen officer.
(c) The September 11th National Day of Remembrance.
(d) National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours.
(e) As directed by the Chief of Police.
1021.6 CIVILIAN ATTIRE
Members of the department wearing civilian clothing on duty shall dress in accordance with
their position requirements, taking into consideration the environment, public contact, and job
responsibilities. All employees should report to work clean and neat in appearance and dressed
in reasonable and tasteful business attire. The Chief of Police or designee may authorize the
wearing of a logoed short -sleeve polo for non -uniformed staff.
Clothing not generally accepted as "business" attire will not be allowed during the workday. This
includes T-shirts, flip-flops, swimsuits, tube tops, halter -tops, spandex or yoga pants, sweatshirts,
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shorts, athletic apparel, strapless or backless dress/skirts, see -through fabrics, dresses and/or
skirts shorter than 4" above the knee, or tops designed to expose the midriff.
No item of civilian attire may be worn on -duty that would adversely affect the reputation of the Port
Orchard Police Department or the morale of the employees. This includes garments that have
obscene or slang slogans or shirts and blouses unbuttoned to excess.
An employee may be attired in a manner appropriate to a particular situation, to include, but
not limited to, casual clothing for training functions (unless otherwise indicated) and tactical
surveillance assignments. Variations of this policy are allowed at the discretion of the Chief of
Police or designee based upon the employee's assignment or current task.
Officers assigned in an undercover capacity may deviate from the grooming and clothing
standards otherwise specified within this policy with the approval of the Detective Bureau
supervisor.
1021.7 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS
Unless specifically authorized by the Chief of Police, Port Orchard Police Department employees
may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a
department badge, patch or other official insignia, or cause to be posted, published, or displayed,
the image of another employee, or identify himself/herself as an employee of the Port Orchard
Police Department, to do any of the following:
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose, or contradict any social issue, cause or religion.
(c) Endorse, support, or oppose, any product, service, company or other commercial
entity.
(d) Appear in any commercial, social, or non-profit publication, or any motion picture, film,
video, public broadcast or any website.
1021.8 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT
(a) Any of the items listed in the Uniform and Equipment Specifications as optional shall
be purchased totally at the expense of the employee. No part of the purchase cost
shall be offset by the Department for the cost of providing the Department -issued item.
(b) Maintenance of optional items shall be the financial responsibility of the purchasing
employee. For example, repairs due to normal wear and tear.
(c) Replacement of items listed in this order as optional shall be done as follows:
1. When the item is no longer functional because of normal wear and tear, the
employee bears the full cost of replacement.
2. When the item is no longer functional because of damage in the course of
the employee's duties, it shall be replaced following the procedures for the
replacement of damaged personal property (See the Department -Owned and
Personal Property Policy).
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1021.9 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES
Port Orchard Police Department employees may not wear any uniform item, accessory or
attachment unless specifically authorized in the Uniform and Equipment Specifications or by the
Chief of Police or designee.
Port Orchard Police Department employees may not use or carry any safety item, tool or other
piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or
by the Chief of Police or designee.
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Nepotism and Conflicting Relationships
1022.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure equal opportunity and effective employment practices by
avoiding actual or perceived favoritism, discrimination, or actual or potential conflicts of interest by
or between members of this department. These employment practices include: recruiting, testing,
hiring, compensation, assignment, use of facilities, access to training opportunities, supervision,
performance appraisal, discipline and workplace safety and security.
1022.1.1 DEFINITIONS
Business relationship - Serving as an employee, independent contractor, compensated
consultant, owner, board member, shareholder or investor in an outside business, company,
partnership, corporation, venture or other transaction where the Department employee's annual
interest, compensation, investment or obligation is greater than $250.
Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably
appears that a department employee's action, inaction or decisions are or may be influenced by
the employee's personal or business relationship.
Nepotism - The practice of showing favoritism to relatives in appointment, employment, promotion
or advancement by any public official in a position to influence these personnel decisions.
Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship
beyond mere friendship.
Public official - A supervisor, officer or employee who is vested with authority by law, rule or
regulation, or to whom authority has been delegated.
Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child
(natural, adopted or step), sibling or grandparent.
Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority
of a supervisor.
Supervisor - An employee who has temporary or ongoing direct or indirect authority over the
actions, decisions, evaluation and/or performance of a subordinate employee.
1022.2 RESTRICTED DUTIES AND ASSIGNMENTS
The Department does not prohibit all personal or business relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable
restrictions shall apply:
(a) Employees are prohibited from directly supervising, occupying a position in the line of
supervision or being directly supervised by any other employee who is a relative or
with whom they are involved in a personal or business relationship.
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1. If circumstances require that such a supervisor/subordinate relationship exist
temporarily, the supervisor shall make every reasonable effort to defer matters
pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the Department will attempt to
make every reasonable effort to avoid placing employees in such supervisor/
subordinate situations. The Department, however, reserves the right to transfer
or reassign any employee to another position within the same classification in
order to avoid conflicts with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to or recommending
promotions, assignments, performance evaluations, transfers or other personnel
decisions affecting an employee who is a relative or with whom they are involved in
a personal or business relationship.
(c) Whenever possible, FTOs and other trainers will not be assigned to train relatives.
FTOs and other trainers are prohibited from entering into or maintaining personal or
business relationships with any employee they are assigned to train until such time as
the training has been successfully completed and the employee is off probation.
(d) To avoid actual or perceived conflicts of interest, members of this department shall
refrain from developing or maintaining personal or financial relationships with victims,
witnesses or other individuals during the course of or as a direct result of any official
contact.
(e) Except as required in the performance of official duties or, in the case of
immediate relatives, employees shall not develop or maintain personal or financial
relationships with any individual they know or reasonably should know is under
criminal investigation, is a convicted felon, parolee, fugitive, or registered sex offender,
or who engages in serious violations of state or federal laws.
1022.2.1 EMPLOYEE RESPONSIBILITY
Prior to entering into any personal or business relationship or other circumstance which the
employee knows or reasonably should know could create a conflict of interest or other violation of
this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor.
Whenever any employee is placed in circumstances that would require the employee to take
enforcement action or provide official information or services to any relative or individual with
whom the employee is involved in a personal or business relationship, the employee shall promptly
notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is
immediately available, the employee shall promptly notify dispatch to have another uninvolved
employee either relieve the involved employee or minimally remain present to witness the action.
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1022.2.2 SUPERVISORS RESPONSIBILITY
Upon being notified of, or otherwise becoming aware of any circumstance that could result in or
constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps
to promptly mitigate or avoid such violations, whenever possible. Supervisors shall also promptly
notify the Chief of Police of such actual or potential violations through the chain of command.
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Domestic Violence Involving Law Enforcement
Employees
1023.1 PURPOSE AND SCOPE
This policy establishes procedures, protocols and actions for investigating and reporting domestic
violence involving employees of this and other law enforcement agencies. The intent of this policy
is to ensure that law enforcement employees are held to the standards of the law regarding
domestic violence (RCW 10.99.090).
1023.1.1 DEFINITIONS
Agency - Means a general authority Washington law enforcement agency as defined in RCW
10.93.020.
Employee - Means any person currently employed with an agency.
Sworn Employee - Means a general authority Washington peace officer as defined in RCW
10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to
carry out the duties of the sheriff under RCW Chapter 36.28.
1023.2 DEPARTMENT RESPONSIBILITIES
The Port Orchard Police Department has the following obligations (RCW 10.99.030; RCW
10.99.090):
(a) Provide pre -hire screening procedures reasonably calculated to disclose whether an
applicant for a sworn employee position has a history of domestic violence, child abuse
allegations, or has been subject to protective order.
(b) Maintain ongoing and meaningful relationships with victim advocacy groups and other
domestic violence professionals in the community.
(c) Provide education to Port Orchard Police Department employees on the dynamics of
interpersonal violence.
(d) In response to observed behavior or at the request of the employee, the Port Orchard
Police Department may offer or recommend intervention services to employees.
If domestic violence is suspected, the referral should be to a domestic violence
specialist.
(e) Any employee who becomes aware of domestic violence committed by a sworn
employee must immediately report that allegation to the employee's supervisor.
(f) Recognize that employees who disclose that they have personally engaged in criminal
acts of domestic violence are not entitled to confidentiality. Such acts shall be
investigated administratively and criminally as appropriate.
(g) Provide information to employing law enforcement agencies within 24 hours of a
domestic violence or domestic dispute report involving a sworn officer.
(h) Provide information on this domestic violence policy and programs under RCW
43.20A.735 to employees and make it available to employee families and the public.
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(i) Provide victims of domestic violence by Port Orchard Police Department employees
a department point of contact to assist the victim through the investigative process.
Consideration should be given to selecting a point of contact at least one rank higher
than the perpetrator, and would ideally be someone other than the investigator.
(j) Provide victims of domestic violence by Port Orchard Police Department employees
contact information about public and private nonprofit domestic violence services
and information regarding relevant confidentiality policies related to the victim's
information.
(k) Respond to Port Orchard Police Department employees who are alleged victims of
violence at the hands of sworn employees of the Port Orchard Police Department.
Safety concerns and domestic violence services information will be reviewed with the
victim employee.
(1) Provide for an impartial administrative investigation and appropriate criminal
investigation of all acts of domestic violence allegedly committed by a sworn employee
and appropriate sanctions when it is found that an employee has committed an
act of domestic violence. Administrative investigations may be conducted by the
Port Orchard Police Department or through agreements with other law enforcement
agencies.
(m) Consider whether to relieve a sworn employee of Department -issued weapons and
suspend law enforcement powers pending resolution of an investigation.
1023.2.1 SUPERVISOR RESPONSIBILITIES
Supervisors are required to:
(a) Be aware of behaviors in their subordinates that could be indicative of domestic
violence and properly process observations of such behavior.
(b) Ensure that domestic violence incidents are properly recorded and processed
according to this policy.
1023.2.2 COMMAND DUTY OFFICER RESPONSIBILITIES
A command duty officer notified of an incident covered by this policy shall notify the Chief of Police
promptly of such incident and:
(a) If a Port Orchard Police Department employee is involved, the command duty officer
shall:
1. Determine if the involved employee's law enforcement powers shall be
suspended and if a duty weapon and other department -owned equipment shall
be removed pending investigation outcome and possible prosecutorial charging
decision.
2. Issue an administrative order prohibiting contact with the victim if appropriate.
3. Forwarded information on the incident to the Office of the Chief of Police and/or
the Chief of Police for review and further action.
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4. Respond or designate a command officer to respond to a scene if the involved
employee is a sergeant or above or if the situation dictates command presence.
(b) If an employee of another law enforcement agency is involved, the command duty
officer shall:
1. Verify command notification of the employing agency.
2. Verify the supervisor has offered assistance with removing weapons, police
powers, or other applicable issues.
3. Ensure that the Port Orchard Police Department provides appropriate reports
and any other requested documentation to the employing agency.
1023.2.3 INVESTIGATIVE RESPONSIBILITIES
(a) In all instances of law enforcement domestic violence the Deputy Chief shall:
1. Review the report and assign the criminal investigation or coordinate with the
agency of jurisdiction.
2. Coordinate with the appropriate prosecutor's office regarding charging and
prosecution.
3. Coordinate with the appropriate domestic violence advocacy organization to
assist with victim safety concerns. Victim notification of each step of the
administrative process is critical to victim safety.
(b) All completed investigations of domestic violence that reveal probable cause of a crime
committed by any agency sworn employees or the agency head shall be promptly
forwarded to the appropriate prosecuting authority for a charging decision.
(c) For all situations involving an employee of this department, the Deputy Chief:
1. Contact the victim.
2. Introduce the point of contact.
3. Provide an update regarding the administrative process.
(d) The Department will adhere to and observe all procedures to ensure an accused
employee's contractual and legal rights are observed during the administrative and
criminal investigations.
1023.3 EMPLOYEE ACTIONS
Law enforcement employees have the following obligations or entitlements (RCW 10.99.090):
(a) Employees are entitled to seek assistance through the employee assistance program,
employee peer counselors, chaplains, or psychological professionals, however, in
situations where family violence is indicated a referral to a domestic violence specialist
is critical.
(b) Employees with knowledge or information about any sworn employee in violation of
this policy must report in writing to their supervisor or the Office of the Chief of Police
as soon as possible, but no later than 24 hours. Failure to report may subject the
employee to disciplinary action.
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(c) Employees who are victims of domestic violence are encouraged to request
assistance, but are not subject to punitive measures for failing to report their abuse.
(d) Employees should be alert to the likelihood of victim or witness intimidation and shall
immediately take appropriate action. This action will include but is not limited to the
report to their supervisor or the Office of the Chief of Police within 24 hours.
(e) Employees are expected to fully cooperate with the investigation of allegations under
this policy but only as requested by a supervisor, the Office of the Chief of Police, or
by court subpoena.
(f) When a law enforcement agency responds to a call in which a sworn employee is
alleged to have been involved in a domestic dispute or committed an act of domestic
violence, the involved employee must immediately report that police response to the
employee's supervisor. A written report must follow within 24 hours, subject to the
agency's internal investigatory process.
(g) When an employee becomes the subject of an investigation for child abuse or neglect,
or becomes subject to an order under RCW 26.44.063 or an order of protection under
RCW 7.105.100 et seq. or any equivalent order issued by another state or tribal court,
that employee must immediately report the fact to the employee's supervisor. A written
report must follow within 24 hours to include a copy of any order and any notices of
court dates, appearances, and proceedings received by the employee.
1023.4 INCIDENT RESPONSE
Any notification of any incident of domestic violence involving any law enforcement officer requires
a prompt response, full investigation, and a complete written report by this department (RCW
10.99.030). These incidents additionally require:
(a) On -scene supervisory presence.
(b) Notification through the chain of command to the Chief of Police of this department;
and if the incident involves employees of another agency, notification of the agency
head of the employing agency.
(c) The Chief of Police may delegate responsibility for receiving such reports to a
specialized unit and/or specific person. Anyone so designated the Domestic Violence
Specialist or Domestic Violence Unit should have specialized training regarding the
dynamics of violent relationships, victim safety and the role of advocacy. The point
of contact or unit supervisor should review each referral for any potential conflict of
interest
(d) In the event of a report of domestic violence alleged to have been committed by
the Chief of Police, prompt notification will be made to the employing entity's chief
executive officer, or, in the case of an elected Sheriff, the County's Prosecutor.
1023.4.1 RADIO RESPONSE
Employees of Kitsap 911 will ensure the following actions are taken:
(a) Enter a call for service.
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(b) Notify the Shift Supervisor or appropriate supervisor. If no supervisor is available to
respond to the scene, communications will notify an on -call supervisor or supervisor
from another agency.
(c) Prepare and preserve documentation of the facts of the call, including the 9-1-1 tape,
officer dispatch recordings, and MCT traffic.
1023.4.2 PATROL RESPONSE
A patrol officer responding to an incident described as domestic violence involving a law
enforcement officer should, whenever possible, request a supervisory response.
(a) The primary unit will conduct a thorough investigation, including, but not limited to:
1. Photographs of the crime scene and any injuries identified.
2. Statements from all witnesses, including children, if any.
3. The Domestic Violence Supplemental Report Form.
4. Seizure of any weapons used or referred to in the crime.
5. Signed medical releases.
6. Copies of dispatch (CAD) records.
7. 9-1-1 call recording preserved.
8. Statement of the victim; statement of the suspect.
9. Determine if the victim requests any guns or specific weapons be removed for
safekeeping and accommodate removal or explain the process for seeking a
court order for removal.
10. Complete the report as soon as possible, but prior to the completion of their shift.
(b) Patrol units responding to suspicious circumstances, compelling third -party accounts
of incidents, unexplained property damage, or other troubling events involving law
enforcement officers will complete written reports of the incident.
(c) A copy of all reports of the incident should be forwarded to the Domestic Violence
Unit or Specialist. Access to the report should then be restricted to some form of "read
only" version or physically secured.
1023.4.3 PATROL SUPERVISOR RESPONSE
A patrol supervisor shall:
(a) Respond whenever practical to the scene of any domestic violence incident involving
sworn employees of this department regardless of jurisdiction. Supervisors will
coordinate information and offer assistance to the agency of jurisdiction to provide a
complete investigation.
(b) Respond to the scene of all domestic violence incidents within the jurisdiction of the
Port Orchard Police Department involving any law enforcement officer.
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(c) Coordinate the investigation, applying appropriate resources and special units such
as forensics, photography, domestic violence specialists, advocates and ensuring
command notification.
(d) Write a report on all incidents, whether deemed criminal or not and route it through
the chain of command.
(e) In the event of the arrest of a sworn employee of the Port Orchard Police Department,
contact the Chief of Police who will order the surrender of the officer's Department -
issued weapons and identification. Consideration should be given to other agency
equipment and inquiries made about voluntary surrender of personal weapons that
may be secured for safekeeping.
(f) In the event of the arrest of a sworn employee of another agency, contact that agency
prior to custody transport and request authorization to seize that employee's agency -
issued weapons or arrange for the employing agency to obtain them.
(9) Endeavor to make a good faith effort to locate the suspect if there is probable cause
for an arrest.
(h) Explain the process to the victim, including the opportunity for applicable emergency
protection orders, administrative no -contact orders, and confidentiality statutes and
policies.
(i) Provide the victim with a copy of this policy and POPD contact information, acting as
the point of contact until another assignment is made.
1023.5 VICTIM SAFETY ASSISTANCE AND NOTIFICATION
The Port Orchard Police Department will work with community resources and domestic violence
advocacy agencies and shall make available to the victim (RCW 10.99.090):
(a) Information on how to obtain protective orders and/or removal of weapons from the
victim's home.
(b) Assistance with obtaining such orders in coordination with domestic violence victim
advocates.
(c) A copy of this policy and any agency confidentiality policy.
(d) Information about public and private domestic violence advocacy resources to include
the Washington State Domestic Violence Hotline.
(e) Information related to relevant confidentiality policies related to the victim's information
and public disclosure as provide by law.
(f) The Port Orchard Police Department will coordinate victim notification regarding
criminal and administrative investigative processes through the designated agency
liaison in order to assist with victim safety.
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Department Badges
1024.1 PURPOSE AND SCOPE
The Port Orchard Police Department badge and uniform patch as well as the likeness of these
items and the name of the Port Orchard Police Department are the property of the Department
and their use shall be restricted as set forth in this policy.
1024.2 POLICY
The uniform badge shall be issued to department members as a symbol of authority and the use
and display of departmental badges shall be in strict compliance with this policy. Only authorized
badges issued by this department shall be displayed, carried or worn by members while on duty
or otherwise acting in an official or authorized capacity.
1024.2.1 FLAT BADGE
Sworn officers, with the written approval of the Chief of Police may purchase, at his/her own
expense, a flat badge capable of being carried in a wallet. The use of the flat badge is subject to
all the same provisions of departmental policy as the uniform badge.
(a) An officer may sell, exchange, or transfer the flat badge he/she purchased to another
officer within the Port Orchard Police Department with the written approval of the Chief
of Police.
(b) Should the flat badge become lost, damaged, or otherwise removed from the officer's
control, he/she shall make the proper notifications as outlined in the Department
Owned and Personal Property Policy.
(c) An honorably retired officer may keep his/her flat badge upon retirement.
(d) The purchase, carrying or display of a flat badge is not authorized for non -sworn
personnel.
1024.2.1 PROFESSIONAL STAFF PERSONNEL
Badges and departmental identification cards issued to non -sworn personnel shall be clearly
marked to reflect the position of the assigned employee (e.g. Parking Control, Dispatcher).
Non -sworn personnel shall not display any department badge except as a part of his/her uniform
and while on duty, or otherwise acting in an official and authorized capacity.
Non -sworn personnel shall not display any department badge or represent him/herself, on or off
duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn
peace officer.
1024.2.2 RETIREE UNIFORM BADGE
Upon honorable retirement employees may purchase his/her assigned duty badge for display
purposes. It is intended that the duty badge be used only as private memorabilia as other uses of
the badge may be unlawful or in violation of this policy. Alternatively, honorably retired employees,
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Department Badges
with the permission of the Chief of Police, may purchase a badge marked Retired from the
department's vendor.
1024.3 UNAUTHORIZED USE
Except as required for on -duty use by current employees, no badge designed for carry or display in
a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably
retired peace officer.
Department badges are issued to all sworn employees and professional staff uniformed
employees for official use only. The department badge, shoulder patch or the likeness thereof, or
the department name shall not be used for personal or private reasons including, but not limited
to, letters, memoranda, and electronic communications such as electronic mail or web sites and
web pages.
The use of the badge, uniform patch and department name for all material (printed matter, products
or other items) developed for Department use shall be subject to approval by the Chief of Police.
Employees shall not loan his/her department badge or identification card to others and shall not
permit the badge or identification card to be reproduced or duplicated.
1024.4 PERMITTED USE BY EMPLOYEE GROUPS
The likeness of the department badge shall not be used without the expressed authorization of
the Chief of Police and shall be subject to the following:
(a) The employee associations may use the likeness of the department badge for
merchandise and official association business provided they are used in a clear
representation of the association and not the Port Orchard Police Department. The
following modifications shall be included:
1. The text on the upper and lower ribbons is replaced with the name of the
employee association.
2. The badge number portion displays the initials of the employee association.
(b) The likeness of the department badge for endorsement of political candidates shall
not be used without the expressed approval of the Chief of Police.
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Temporary Modified Duty Assignments
1025.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified -duty assignments. This
policy is not intended to affect the rights or benefits of employees under federal or state law,
City rules or current collective bargaining agreements or memorandums of understanding. For
example, nothing in this policy affects the obligation of the Department to engage in a good faith,
interactive process to consider reasonable accommodations for any employee with a temporary
or permanent disability that is protected under federal or state law.
1025.2 POLICY
Subject to operational considerations, the Port Orchard Police Department may identify temporary
modified -duty assignments for employees who have an injury or medical condition resulting in
temporary work limitations or restrictions. A temporary assignment allows the employee to work,
while providing the Department with a productive employee during the temporary period.
1025.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified -duty assignments will be given to employees with
work -related injuries or illnesses that are temporary in nature. Employees having disabilities
covered under the Americans with Disabilities Act (ADA) or the Washington Law Against
Discrimination shall be treated equally, without regard to any preference for a work -related injury.
No position in the Port Orchard Police Department shall be created or maintained as a temporary
modified -duty assignment.
Temporary modified -duty assignments are a management prerogative and not an employee
right. The availability of temporary modified -duty assignments will be determined on a case -by -
case basis, consistent with the operational needs of the Department. Temporary modified -duty
assignments are subject to continuous reassessment, with consideration given to operational
needs and the employee's ability to perform in a modified -duty assignment.
The Chief of Police or the authorized designee may restrict employees working in temporary
modified -duty assignments from wearing a uniform, displaying a badge, carrying a firearm,
operating an emergency vehicle or engaging in outside employment, or may otherwise limit them
in employing their peace officer powers.
Temporary modified -duty assignments shall generally not exceed a cumulative total of 1,040 hours
in any one-year period.
1025.4 PROCEDURE
Employees may request a temporary modified -duty assignment for short-term injuries or illnesses.
Employees seeking a temporary modified -duty assignment should submit a written request to
the Deputy Chief or the authorized designees. The request should, as applicable, include a
certification from the treating medical professional containing:
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(a) An assessment of the nature and probable duration of the illness or injury.
(b) The nature and scope of limitations and/or work restrictions.
(c) A statement regarding any required workplace accommodations, mobility aids or
medical devices.
(d) A statement that the employee can safely perform the duties of the temporary
modified -duty assignment.
The Deputy Chief will make a recommendation through the chain of command to the Chief of Police
regarding temporary modified -duty assignments that may be available based on the needs of the
Department and the limitations of the employee. The Chief of Police or the authorized designee
shall confer with the Human Resources or the City Attorney as appropriate.
1025.4.1 MODIFIED DUTY SCHEDULES
The schedules of employees assigned to modified duty may be adjusted to suit medical
appointments or Department needs at the discretion of the Deputy Chief.
The employee and his/her supervisors should be informed in writing of the schedule, assignment
and limitations and restrictions as determined by the employee's health care provider.
1025.4.2 ACCOUNTABILITY
The employee's supervisors shall coordinate efforts to ensure proper time accountability and shall
complete and process a change of shift/assignment form.
(a) Employees on modified duty are responsible for coordinating required doctor visits
and physical therapy appointments in advance with their supervisor to appropriately
account for any duty time taken. Doctor visits and appointments for treatment of
injuries or illnesses that are not work related shall be arranged during off -duty time or
otherwise charged to the employee's sick leave.
(b) Employees shall promptly submit a status report for each visit to their treating health
care provider and shall immediately notify their supervisor of any change in restrictions
or limitations as determined by their health care provider. An employee assigned to a
modified duty assignment shall provide a duty status report to their supervisor no less
than once every 30 days while the employee is on modified duty.
(c) Supervisors shall keep the Deputy Chief apprised of the employee's status and ability
to perform the modified duty assignment. Modified duty assignments that extend
beyond 60 days will require a written status report and a request for an extension to
the Deputy Chief with an update of the employee's current status and anticipated date
of return to regular duty. Extensions require approval of the Chief of Police.
(d) When it is determined that an employee on modified duty will return to regular duty,
the supervisor shall notify the Deputy Chief and complete and process a change of
shift/assignment form. All training and certification necessary for return to duty shall
be reviewed and updated as necessary.
1025.4.3 MEDICAL EXAMINATIONS
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Prior to returning to full -duty status, employees shall be required to provide a statement signed
by their health care provider indicating that they are medically cleared to perform the basic and
essential job functions of their assignment without restriction or limitation.
1025.5 ACCOUNTABILITY
Written notification of assignments, work schedules and any restrictions should be provided
to employees assigned to temporary modified -duty assignments and their supervisors. Those
assignments and schedules may be adjusted to accommodate department operations and the
employee's medical appointments, as mutually agreed upon with the Deputy Chief.
1025.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty shall include, but are not
limited to:
(a) Communicating and coordinating any required medical and physical therapy
appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after
each appointment with their treating medical professionals.
(c) Communicating a status update to their supervisors no less than once every 30 days
while assigned to temporary modified duty.
(d) Submitting a written status report to the Deputy Chief that contains a status update
and anticipated date of return to full -duty when a temporary modified -duty assignment
extends beyond 60 days.
1025.5.2 SUPERVISOR RESPONSIBILITIES
The employee's immediate supervisor shall monitor and manage the work schedule of those
assigned to temporary modified duty.
The responsibilities of supervisors shall include, but are not limited to:
(a) Periodically apprising the Deputy Chief of the status and performance of employees
assigned to temporary modified duty.
(b) Notifying the Deputy Chief and ensuring that the required documentation facilitating a
return to full duty is received from the employee.
(c) Ensuring that employees returning to full duty have completed any required training
and certification.
1025.6 MEDICAL EXAMINATIONS
Prior to returning to full -duty status, employees shall be required to provide certification from their
treating medical professionals stating that they are medically cleared to perform the essential
functions of their jobs without restrictions or limitations.
The Department may require a fitness -for -duty examination prior to returning an employee to full -
duty status, in accordance with the Fitness for Duty Policy.
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1025.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a
related medical condition, the employee will be treated the same as any other temporarily disabled
employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a
temporary modified -duty assignment.
Nothing in this policy limits a pregnant employee's right to a temporary modified -duty assignment
if required under RCW 43.10.005 or WAC 357-26-030 et seq.
1025.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide
a statement from their medical providers identifying any pregnancy -related job restrictions or
limitations. If at any point during the pregnancy it becomes necessary for the employee to take a
leave of absence, such leave shall be granted in accordance with the City's personnel rules and
regulations regarding family and medical care leave.
1025.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified -duty assignment shall have
their probation extended by a period of time equal to their assignment to temporary modified duty.
1025.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training and
qualifications appropriate to both their regular and temporary duties, provided that the certification,
training or qualifications are not in conflict with any medical limitations or restrictions. Employees
who are assigned to temporary modified duty shall inform their supervisors of any inability to
maintain any certification, training or qualifications.
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Employee Speech, Expression and Social
Networking
1026.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with employee use of social networking sites
and to provide guidelines for the regulation and balancing of employee speech and expression
with the needs of the Department.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech or
expression that is protected or privileged under law. This includes speech and expression
protected under state or federal constitutions as well as labor or other applicable laws. For
example, this policy does not limit an employee from speaking as a private citizen, including acting
as an authorized member of a recognized bargaining unit or officer associations, about matters
of public concern, such as misconduct or corruption.
Employees are encouraged to consult with their supervisor regarding any questions arising from
the application or potential application of this policy.
1026.1.1 APPLICABILITY
This policy applies to all forms of communication including but not limited to film, video, print
media, public or private speech, use of all Internet services, including the World Wide Web, e-
mail, file transfer, remote computer access, news services, social networking, social media, instant
messaging, blogs, forums, video and other file -sharing sites.
1026.2 POLICY
Public employees occupy a trusted position in the community, and thus, their statements have
the potential to contravene the policies and performance of this department. Due to the nature
of the work and influence associated with the law enforcement profession, it is necessary that
employees of this department be subject to certain reasonable limitations on their speech and
expression. To achieve its mission and efficiently provide service to the public, the Port Orchard
Police Department will carefully balance the individual employee's rights against the Department's
needs and interests when exercising a reasonable degree of control over its employees' speech
and expression.
1026.3 SAFETY
Employees should consider carefully the implications of their speech or any other form of
expression when using the Internet. Speech and expression that may negatively affect the safety
of the Port Orchard Police Department employees, such as posting personal information in a public
forum, can result in compromising an employee's home address or family ties. Employees should
therefore not disseminate or post any information on any forum or medium that could reasonably
be expected to compromise the safety of any employee, an employee's family or associates.
Examples of the type of information that could reasonably be expected to compromise safety
include:
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• Disclosing a photograph and name or address of an officer who is working undercover.
• Disclosing the address of a fellow officer.
• Otherwise disclosing where another officer can be located off -duty.
1026.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
To meet the department's safety, performance and public -trust needs, the following are prohibited
unless the speech is otherwise protected (for example, an employee speaking as a private citizen,
including acting as an authorized member of a recognized bargaining unit or officer associations,
on a matter of public concern):
(a) Speech or expression made pursuant to an official duty that tends to compromise or
damage the mission, function, reputation or professionalism of the Port Orchard Police
Department or its employees.
(b) Speech or expression that, while not made pursuant to an official duty, is significantly
linked to, or related to, the Port Orchard Police Department and tends to compromise
or damage the mission, function, reputation or professionalism of the Port Orchard
Police Department or its employees. Examples may include:
1. Statements that indicate disregard for the law or the state or U.S. Constitution.
2. Expression that demonstrates support for criminal activity.
3. Participating in sexually explicit photographs or videos for compensation or
distribution.
(c) Speech or expression that could reasonably be foreseen as having a negative impact
on the credibility of the employee as a witness. For example, posting statements or
expressions to a website that glorify or endorse dishonesty, unlawful discrimination
or illegal behavior.
(d) Speech or expression of any form that could reasonably be foreseen as having a
negative impact on the safety of the employees of the Department. For example,
a statement on a blog that provides specific details as to how and when prisoner
transportations are made could reasonably be foreseen as potentially jeopardizing
employees by informing criminals of details that could facilitate an escape or attempted
escape.
(e) Speech or expression that is contrary to the canons of the Law Enforcement Code of
Ethics as adopted by the Port Orchard Police Department.
(f) Use or disclosure, through whatever means, of any information, photograph, video or
other recording obtained or accessible as a result of employment with the Department
for financial or personal gain, or any disclosure of such materials without the express
authorization of the Chief of Police or the authorized designee (RCW 9A.68.020).
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(g) Posting, transmitting or disseminating any photographs, video or audio recordings,
likenesses or images of department logos, emblems, uniforms, badges, patches,
marked vehicles, equipment or other material that specifically identifies the Port
Orchard Police Department on any personal or social networking or other website or
web page, without the express authorization of the Chief of Police.
(h) Accessing websites for non -authorized purposes, or use of any personal
communication device, game device or media device, whether personally or
department -owned, for personal purposes while on -duty, except in the following
circumstances:
1. When brief personal communication may be warranted by the circumstances
(e.g., inform family of extended hours).
2. During authorized breaks; such usage should be limited as much as practicable
to areas out of sight and sound of the public and shall not be disruptive to the
work environment.
Employees must take reasonable and prompt action to remove any content, including content
posted by others, that is in violation of this policy from any web page or website maintained by
the employee (e.g., social or personal website).
1026.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or
as authorized members of a recognized bargaining unit or officer associations, employees may
not represent the Port Orchard Police Department or identify themselves in any way that could be
reasonably perceived as representing the Port Orchard Police Department in order to do any of
the following, unless specifically authorized by the Chief of Police:
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support or oppose any product, service, company or other commercial entity.
(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,
video, public broadcast or any website.
Additionally, when it can reasonably be construed that an employee, acting in his/her individual
capacity or through an outside group or organization (e.g. bargaining group), is affiliated with this
department, the employee shall give a specific disclaiming statement that any such speech or
expression is not representative of the Port Orchard Police Department.
Employees retain their right to vote as they choose, to support candidates of their choice and
to express their opinions as private citizens, including as authorized members of a recognized
bargaining unit or officer associations, on political subjects and candidates at all times while off -
duty. However, employees may not use their official authority or influence to interfere with or affect
the result of an election or a nomination for office. Employees are also prohibited from directly or
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indirectly using their official authority to coerce, command or advise another employee to pay, lend
or contribute anything of value to a party, committee, organization, agency or person for political
purposes (5 USC § 1502).
1026.5 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to emails, texts or anything published
or maintained through file -sharing software or any Internet site (e.g., Facebook, MySpace) that
is accessed, transmitted, received or reviewed on any department technology system (see the
Information Technology Use Policy for additional guidance).
1026.6 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under
this policy, the factors that the Chief of Police or authorized designee should consider include:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering
public services.
(b) Whether the speech or conduct would be contrary to the good order of the Department
or the efficiency or morale of its members.
(c) Whether the speech or conduct would reflect unfavorably upon the Department.
(d) Whether the speech or conduct would negatively affect the member's appearance of
impartiality in the performance of his/her duties.
(e) Whether similar speech or conduct has been previously authorized.
(f) Whether the speech or conduct may be protected and outweighs any interest of the
Department.
1026.7 TRAINING
Subject to available resources, the Department should provide training regarding employee
speech and the use of social networking to all members of the Department.
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Line -of -Duty Deaths
1027.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of the Port Orchard Police
Department in the event of the death of a member occurring in the line of duty and to direct the
Department in providing proper support for the member's survivors.
The Chief of Police may also apply some or all of this policy for a non -line -of -duty member death,
or in situations where members are injured in the line of duty and the injuries are life -threatening.
1027.1.1 DEFINITIONS
Definitions related to this policy include:
Line -of -duty death - The death of an officer during the course of performing law enforcement -
related functions while on- or off -duty, or a professional staff member during the course of
performing assigned duties.
For an officer, a line -of -duty death includes death that is the direct and proximate result of a
personal injury sustained in the line of duty (34 USC § 10281).
Survivors - Immediate family members of the deceased member, which can include spouse,
children, parents, other next of kin, or significant others. The determination of who should be
considered a survivor for purposes of this policy should be made on a case -by -case basis given
the individual's relationship with the member and whether the individual was previously designated
by the deceased member.
1027.2 POLICY
It is the policy of the Port Orchard Police Department to make appropriate notifications and to
provide assistance and support to survivors and coworkers of a member who dies in the line of
duty.
It is also the policy of this department to respect the requests of the family when they conflict with
these guidelines, as appropriate.
Due to the complexity of a line of duty death or serious injury, the situation will be managed
using Incident Command protocols. The Chief of Police will designate an Incident Commander
for the incident. Employees of the Port Orchard Police Department are directed to work within the
Incident Command structure established to manage the incident, investigation, care of families,
and planning of the funeral.
1027.2.1 INDEPENDENT ACTIVITY PROHIBITED
After action reports from agencies which have experienced line of duty deaths frequently mention
the problematic issue of freelancing or self -dispatched activities by officers wishing to help. There
is a natural tendency to want to "do something," either to help the investigation or show support
for the families. These well intended efforts, when conducted outside the structure of the establish
Incident Command can create duplicate or additional work and upset grieving families.
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1027.2.2 INCIDENT COMMANDER
The Incident Commander will generally be the Deputy Chief. If the Deputy Chief is involved with the
associated criminal investigation or unable to remain involved for any other reason, a Deputy Chief
may be assigned in relief. The Incident Commander will coordinate the work of the subordinate
team members in the care of family members, care of affected employees, and planning the
funeral.
In addition to general command and coordination duties, the Incident Commander should be aware
of the following areas of special emphasis:
(a) Ensuring that security checks of the family's residence are initiated immediately
following the incident and for as long as necessary.
(b) Assigning a member to remain at the family home during the viewing and funeral.
(c) Arranging for routine residence checks of the family's home by patrol officers for 6-8
weeks following the funeral.
(d) Coordinate with other agencies for replacement staff to provide patrol, front desk, etc.,
functions during the funeral service.
(e) Develop short term operational plans for the first twelve hours including relief for
officers assigned to the various scenes.
(f) Develop long term operational plans for the next 72 hours.
1027.3 INITIAL ACTIONS BY COMMAND STAFF
(a) Upon learning of a line -of -duty death, the deceased member's supervisor should
provide all reasonably available information to the Shift Supervisor and Kitsap 911.
1. Communication of information concerning the member and the incident should
be restricted to secure networks to avoid interception by the media or others
(see the Public Information Officer section of this policy).
(b) The Shift Supervisor should ensure that notifications are made in accordance with
the Officer -Involved Shootings and Deaths and Major Incident Notification policies as
applicable.
(c) If the member has been transported to the hospital, the Shift Supervisor or
the authorized designee should respond to the hospital to assume temporary
responsibilities as the Hospital Liaison.
(d) The Chief of Police or the authorized designee should assign members to handle
survivor notifications and assign members to the roles of Hospital Liaison (to relieve
the temporary Hospital Liaison) and the Department Liaison as soon as practicable
(see the Notifying Survivors section and the Department Liaison and Hospital Liaison
subsections in this policy).
1027.4 PUBLIC INFORMATION OFFICER
In the event of a line -of -duty death, the department's PIO should be the department's contact point
for the media. As such, the PIO should coordinate with the Department Liaison to:
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(a) Collect and maintain the most current incident information and determine what
information should be released.
(b) Instruct department members to direct any media inquiries to the PIO.
(c) Prepare necessary press releases.
1. Coordinate with other entities having media roles (e.g., outside agencies
involved in the investigation or incident).
2. Disseminate important public information, such as information on how the public
can show support for the department and deceased member's survivors.
(d) Arrange for community and media briefings by the Chief of Police or the authorized
designee as appropriate.
(e) Respond, or coordinate the response, to media inquiries.
(f) If requested, assist the member's survivors with media inquiries.
1. Brief the survivors on handling sensitive issues such as the types of questions
that reasonably could jeopardize future legal proceedings.
(g) Release information regarding memorial services and funeral arrangements to
department members, other agencies, and the media as appropriate.
(h) If desired by the survivors, arrange for the recording of memorial and funeral services
via photos and/or video.
The identity of deceased members should be withheld until the member's survivors have been
notified. If the media have obtained identifying information for the deceased member prior to
survivor notification, the PIO should request that the media withhold the information from release
until proper notification can be made to survivors. The PIO should notify media when survivor
notifications have been made.
1027.5 NOTIFYING DEPARTMENT MEMBERS
Supervisors or members designated by the Chief of Police are responsible for notifying department
members of the line -of -duty death as soon as possible after the survivor notification is made.
Notifications and related information should be communicated in person or using secure networks
and should not be transmitted over the radio.
Notifications should be made in person and as promptly as possible to all members on -duty at
the time of the incident. Members reporting for subsequent shifts within a short amount of time
should be notified in person at the beginning of their shifts. Members reporting for duty from
their residences should be instructed to contact their supervisors as soon as practicable. Those
members who are working later shifts or are on days off should be notified by phone as soon as
practicable.
Members having a close bond with the deceased member should be notified of the incident in
person. Supervisors should consider assistance (e.g., peer support, modifying work schedules,
approving sick leave) for members who are especially affected by the incident.
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Supervisors should direct members not to disclose any information outside the Department
regarding the deceased member or the incident.
1027.6 NOTIFYING SURVIVORS
Survivors should be notified as soon as possible in order to avoid the survivors hearing about the
incident in other ways.
The Chief of Police or the authorized designee should review the deceased member's emergency
contact information and make accommodations to respect the member's wishes and instructions
specific to notifying survivors. However, notification should not be excessively delayed because
of attempts to assemble a notification team in accordance with the member's wishes.
The Chief of Police, Shift Supervisor, or the authorized designee should select at least two
members to conduct notification of survivors, one of which may be the Department chaplain.
Notifying members should:
(a) Make notifications in a direct and compassionate manner, communicating as many
facts of the incident as possible, including the current location of the member.
Information that is not verified should not be provided until an investigation has been
completed.
(b) Determine the method of notifying surviving children by consulting with other survivors
and taking into account factors such as the child's age, maturity, and current location
(e.g., small children at home, children in school).
(c) Plan for concerns such as known health concerns of survivors or language barriers.
(d) Offer to transport survivors to the hospital, if appropriate. Survivors should be
transported in department vehicles. Notifying members shall inform the Hospital
Liaison over a secure network that the survivors are on their way to the hospital.
Notifying members should remain at the hospital while the survivors are present.
(e) When survivors are not at their residences or known places of employment, actively
seek information and follow leads from neighbors, other law enforcement, postal
authorities, and other sources of information in order to accomplish notification in as
timely a fashion as possible. Notifying members shall not disclose the reason for their
contact other than a family emergency.
(f) If making notification at a survivor's workplace, ask a workplace supervisor for the
use of a quiet, private room to meet with the survivor. Members shall not inform the
workplace supervisor of the purpose of their visit other than to indicate that it is a family
emergency.
(g) Offer to call other survivors, friends, or clergy to support the survivors and to avoid
leaving survivors alone after notification.
(h) Assist the survivors with meeting child care or other immediate needs.
(i) Provide other assistance to survivors and take reasonable measures to accommodate
their needs, wishes, and desires. Care should be taken not to make promises or
commitments to survivors that cannot be met.
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(j) Inform the survivors of the name and phone number of the Survivor Support Liaison
(see the Survivor Support Liaison section of this policy), if known, and the Department
Liaison.
(k) Provide their contact information to the survivors before departing.
(1) Document the survivors' names and contact information, as well as the time and
location of notification. This information should be forwarded to the Department
Liaison.
(m) Inform the Chief of Police or the authorized designee once survivor notifications have
been made so that other Port Orchard Police Department members may be apprised
that survivor notifications are complete.
1027.6.1 OUT -OF -AREA NOTIFICATIONS
The Department Liaison should request assistance from law enforcement agencies in appropriate
jurisdictions for in -person notification to survivors who are out of the area.
(a) The Department Liaison should contact the appropriate jurisdiction using a secure
network and provide the assisting agency with the name and telephone number of
the department member that the survivors can call for more information following the
notification by the assisting agency.
(b) The Department Liaison may assist in making transportation arrangements for the
member's survivors, but will not obligate the Department to pay travel expenses
without the authorization of the Chief of Police.
1027.7 CONTINUED SUPPORT OF SURVIVORS AND AGENCY MEMBERS
Members of the department must remain sensitive to the needs of the survivors long after
the member's death. The agency should continue to keep in touch with the family through
monthly telephone calls the first year and then quarterly after that. On the anniversary date
of the employee's death, the Chief of Police or Deputy Chief should write to the family and
arrange for flowers to be placed at the grave and wreath placement at the appropriate Law
Enforcement Officers Memorial. The surviving family should be included and invited to future
activities sponsored by the Port Orchard Police Department. This type of support shall continue
as long as the family feels this need, or until the family is ready to move on with their lives without
agency assistance.
The Port Orchard Police Department will provide support to its employees that will include
providing counseling, as necessary and appropriate. Police witnesses and other members who
may have been emotionally affected by the serious injury or death of another member shall attend
a Critical Incident Stress debriefing.
1027.8 LIAISONS AND COORDINATORS
The Chief of Police or the authorized designee should select members to serve as liaisons and
coordinators to handle responsibilities related to a line -of -duty death, including but not limited to:
(a) Department Liaison.
(b) Hospital Liaison.
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(c) Survivor Support Liaison.
(d) Wellness Support Liaison.
(e) Funeral Liaison.
(f) Mutual aid coordinator.
(g) Benefits Liaison.
(h) Finance coordinator.
Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient
duty time to complete their assignments.
Members may be assigned responsibilities of more than one liaison or coordinator position
depending on available department resources. The Department Liaison may assign separate
liaisons and coordinators to accommodate multiple family units, if needed. The Department
should consider seeking assistance from surrounding law enforcement agencies to fill liaison and
coordinator positions, as appropriate.
1027.8.1 DEPARTMENT LIAISON
The Department Liaison should be a Deputy Chief or of sufficient rank to effectively coordinate
department resources, and should serve as a facilitator between the deceased member's
survivors and the Department. The Department Liaison reports directly to the Chief of Police. The
Department Liaison's responsibilities include but are not limited to:
(a) Directing the other liaisons and coordinators in fulfilling survivors' needs and requests.
Consideration should be given to organizing the effort using the National Incident
Management System.
(b) Establishing contact with survivors within 24 hours of the incident and providing them
contact information.
(c) Advising survivors of the other liaison and coordinator positions and their roles and
responsibilities.
(d) Identifying locations that will accommodate a law enforcement funeral and presenting
the options to the appropriate survivors, who will select the location.
(e) Coordinating all official law enforcement notifications and arrangements.
(f) Making necessary contacts for authorization to display flags at half-staff.
(g) Reminding department members of appropriate information -sharing restrictions
regarding the release of information that could undermine future legal proceedings.
(h) Coordinating security checks of the member's residence as necessary and
reasonable.
(i) Serving as a liaison with visiting law enforcement agencies during memorial and
funeral services.
1027.8.2 HOSPITAL LIAISON
The Hospital Liaison should work with hospital personnel to:
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(a) Establish a command post or incident command system, as appropriate, to facilitate
management of the situation and its impact on hospital operations (e.g., influx of
people, parking).
(b) Arrange for appropriate and separate waiting areas for:
1. The survivors and others whose presence is requested by the survivors.
2. Department members and friends of the deceased member.
3. Media personnel.
(c) Ensure, as practicable, that any suspects who are in the hospital and their families
or friends are not in proximity to the member's survivors or Port Orchard Police
Department members (except for members who may be guarding a suspect).
(d) Arrange for survivors to receive timely updates regarding the member before
information is released to others.
(e) Arrange for survivors to have private time with the member, if requested.
1. The Hospital Liaison or hospital personnel may need to explain the condition of
the member to the survivors to prepare them accordingly.
2. The Hospital Liaison should accompany the survivors into the room, if requested.
(f) Stay with survivors and provide them with other assistance as needed at the hospital.
(g) If applicable, explain to the survivors why an autopsy may be needed.
(h) Make arrangements for hospital bills to be directed to the Department, that the
survivors are not asked to sign as guarantor of payment for any hospital treatment,
and that the member's residence address, insurance information, and next of kin are
not included on hospital paperwork.
Other responsibilities of the Hospital Liaison include but are not limited to:
• Arranging transportation for the survivors back to their residence.
• Working with investigators to gather and preserve the deceased member's equipment
and other items that may be of evidentiary value.
• Documenting their actions at the conclusion of duties.
1027.8.3 SURVIVOR SUPPORT LIAISON
The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate
needs and requests of the survivors of any member who has died in the line of duty, and serve
as the long-term department contact for survivors.
The Survivor Support Liaison should be selected by the deceased member's Deputy Chief. The
following should be considered when selecting the Survivor Support Liaison:
• The liaison should be an individual the survivors know and with whom they are
comfortable working.
• The selection may be made from names recommended by the deceased member's
supervisor and/or coworkers. The deceased member's partner or close friends may
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not be the best selections for this assignment because the emotional connection to
the member or survivors may impair their ability to conduct adequate liaison duties.
• The liaison must be willing to assume the assignment with an understanding of the
emotional and time demands involved.
The responsibilities of the Survivor Support Liaison include but are not limited to:
(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes,
and other locations, as appropriate.
(b) Communicating with the Department Liaison regarding appropriate security measures
for the family residence, as needed.
(c) If requested by the survivors, providing assistance with instituting methods of
screening telephone calls made to their residence after the incident.
(d) Providing assistance with travel and lodging arrangements for out-of-town survivors.
(e) Returning the deceased member's personal effects from the Department and the
hospital to the survivors. The following should be considered when returning the
personal effects:
1. Items should not be delivered to the survivors until they are ready to receive
the items.
2. Items not retained as evidence should be delivered in a clean, unmarked box.
3. All clothing not retained as evidence should be cleaned and made presentable
(e.g., items should be free of blood or other signs of the incident).
4. The return of some personal effects may be delayed due to ongoing
investigations.
(f) Assisting with the return of department -issued equipment that may be at the deceased
member's residence.
1. Unless there are safety concerns, the return of the equipment should take place
after the funeral at a time and in a manner considerate of the survivors' wishes.
(g) Working with the Wellness Support Liaison for survivors to have access to available
counseling services.
(h) Coordinating with the department's Public Information Officer (PIO) to brief the
survivors on pending press releases related to the incident and to assist the survivors
with media relations in accordance with their wishes (see the Public Information Officer
section of this policy).
(i) Briefing survivors on investigative processes related to the line -of -duty death, such as
criminal, internal, and administrative investigations.
Q) Informing survivors of any related criminal proceedings and accompanying them to
such proceedings.
(k) Introducing survivors to prosecutors, victim's assistance personnel, and other involved
personnel as appropriate.
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(1) Maintaining long-term contact with survivors and taking measures to sustain a
supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions,
special support during holidays).
(m) Inviting survivors to department activities, memorial services (e.g., as applicable, the
Annual Candlelight Vigil at the National Law Enforcement Officers Memorial), or other
functions as appropriate.
Survivor Support Liaisons providing services after an incident resulting in multiple members being
killed should coordinate with and support each other through conference calls or meetings as
necessary.
The Department recognizes that the duties of a Survivor Support Liaison will often affect regular
assignments over many years, and is committed to supporting members in the assignment.
If needed, the Survivor Support Liaison should be issued a personal communication device
(PCD) owned by the Department to facilitate communications necessary to the assignment. The
department -issued PCD shall be used in accordance with the Personal Communication Devices
Policy.
1027.8.4 WELLNESS SUPPORT LIAISON
The Wellness Support Liaison should work with the department wellness coordinator or the
authorized designee and other liaisons and coordinators to make wellness support and counseling
services available to members and survivors who are impacted by a line -of -duty death. The
responsibilities of the Wellness Support Liaison include but are not limited to:
(a) Identifying members who are likely to be significantly affected by the incident and may
have an increased need for wellness support and counseling services, including:
1. Members involved in the incident.
2. Members who witnessed the incident.
3. Members who worked closely with the deceased member but were not involved
in the incident.
(b) Making arrangements for members who were involved in or witnessed the incident to
be relieved of department responsibilities until they can receive wellness support.
(c) Making wellness support and counseling resources (e.g., peer support, Critical
Incident Stress Debriefing) available to members as soon as reasonably practicable
following the line -of -duty death.
(d) Coordinating with the Survivor Support Liaison to inform survivors of available
wellness support and counseling services and assisting with arrangements as needed.
(e) Following up with members and the Survivor Support Liaison in the months following
the incident to determine if additional wellness support or counseling services are
needed.
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1027.8.5 FUNERAL LIAISON
The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison, and
survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral
Liaison's responsibilities include but are not limited to:
(a) Assisting survivors in working with the funeral director regarding funeral arrangements
and briefing them on law enforcement funeral procedures.
(b) Completing funeral notification to other law enforcement agencies.
(c) Coordinating the funeral activities of the Department, including but not limited to the
following:
1. Honor Guard
(a) Casket watch
(b) Color guard
(c) Pallbearers
(d) Bell/rifle salute
2. Bagpipers/bugler
3. Uniform for burial
4. Flag presentation
5. Last radio call
(d) Briefing the Chief of Police and command staff concerning funeral arrangements.
(e) Assigning an officer to remain at the family home during the viewing and funeral.
(f) Arranging for transportation of the survivors to and from the funeral home and
interment site using department vehicles and drivers.
(g) Addressing event -related logistical matters (e.g., parking, visitor overflow, public
assembly areas).
1027.8.6 MUTUAL AID COORDINATOR
The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to
request and coordinate any assistance from outside law enforcement agencies needed for, but
not limited to:
(a) Traffic control during the deceased member's funeral.
(b) Area coverage so that as many Port Orchard Police Department members can attend
funeral services as possible.
The mutual aid coordinator should perform duties in accordance with the Outside Agency
Assistance Policy.
Where practicable, the [agencyHead] should appoint a mutual aid coordinator to identify external
resources in advance of any need (e.g., regional honor guard teams, county- or state-wide
resources).
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1027.8.7 BENEFITS LIAISON
The Benefits Liaison should provide survivors with information concerning available benefits and
will assist them in applying for benefits. Responsibilities of the Benefits Liaison include but are
not limited to:
(a) Confirming the filing of workers' compensation claims and related paperwork (see the
Occupational Disease and Work -Related Injury Reporting Policy).
(b) Researching and assisting survivors with application for federal government survivor
benefits, such as those offered through the following:
1. Public Safety Officers' Benefits Program, including financial assistance available
through the Public Safety Officers' Educational Assistance (PSOEA) Program,
as applicable (34 USC § 10281 et seq.).
2. Social Security Administration.
3. Department of Veterans Affairs.
(c) Researching and assisting survivors with application for state and local government
survivor benefits.
1. Death benefit (RCW 41.26.510)
2. Education benefit (RCW 28B.10.567; RCW 28B.15.380; RCW 28B.15.520)
3. Retirement benefits (RCW 41.04.393)
(d) Researching and assisting survivors with application for other survivor benefits such
as:
1. Private foundation survivor benefits programs.
2. Survivor scholarship programs.
(e) Researching and informing survivors of support programs sponsored by police
associations and other organizations.
(f) Documenting and informing survivors of inquiries and interest regarding public
donations to the survivors.
1. If requested, working with the finance coordinator to assist survivors with
establishing a process for the receipt of public donations.
(g) Providing survivors with a summary of the nature and amount of benefits applied
for, including the name of a contact person at each benefit office. Printed copies of
the summary and benefit application documentation should be provided to affected
survivors.
(h) Maintaining contact with the survivors and assisting with subsequent benefit questions
and processes as needed.
1027.8.8 FINANCE COORDINATOR
The finance coordinator should work with the Chief of Police and the Department Liaison
to manage financial matters related to the line -of -duty death. The finance coordinator's
responsibilities include, but are not limited to:
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(a) Establishing methods for purchasing and monitoring costs related to the incident.
(b) Providing information on finance -related issues, such as:
1. Paying survivors' travel costs if authorized.
2. Transportation costs for the deceased.
3. Funeral and memorial costs.
4. Related funding or accounting questions and issues.
(c) Working with the Benefits Liaison to establish a process for the receipt of public
donations to the deceased member's survivors.
(d) Providing accounting and cost information as needed.
1027.9 DEPARTMENT CHAPLAIN
The Department chaplain may serve a significant role in line -of -duty deaths. Chaplain duties may
include but are not limited to:
• Assisting with survivor notifications and assisting the survivors with counseling,
emotional support, or other matters, as appropriate.
• Assisting liaisons and coordinators with their assignments, as appropriate.
• Assisting department members with counseling or emotional support, as requested
and appropriate.
Further information on the potential roles and responsibilities of the chaplain is in the Chaplains
Policy.
1027.10 INVESTIGATION OF THE INCIDENT
The Chief of Police should make necessary assignments to conduct thorough investigations of
any line -of -duty death and may choose to use the investigation process outlined in the Officer -
Involved Shootings and Deaths Policy.
Investigators from other agencies may be assigned to work on any criminal investigation related
to line -of -duty deaths. Partners, close friends, or personnel who worked closely with the deceased
member should not have any investigative responsibilities because such relationships may impair
the objectivity required for an impartial investigation of the incident.
Involved department members should be kept informed of the progress of the investigations and
provide investigators with any information that may be pertinent to the investigations.
1027.11 LINE -OF -DUTY DEATH OF A LAW ENFORCEMENT ANIMAL
The Chief of Police may authorize appropriate memorial and funeral services for law enforcement
animals killed in the line of duty.
1027.12 NON -LINE -OF -DUTY DEATH
The Chief of Police may authorize certain support services for the death of a member not occurring
in the line of duty.
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Accident, Illness and Injury Prevention
1028.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence
of illness and injury for members of the Port Orchard Police Department, in accordance with the
requirements of an Accident, Illness and Injury Prevention Program (AIIPP) (WAC 296-800-140
et seq.).
This policy specifically applies to illness and injury that results in lost time or that requires medical
treatment beyond first aid. Although this policy provides the essential guidelines for a plan that
reduces illness and injury, it may be supplemented by procedures outside the Policy Manual.
This policy does not supersede, but supplements any related Citywide safety efforts.
1028.2 POLICY
The Port Orchard Police Department is committed to providing a safe environment for its members
and visitors and to minimizing the incidence of work -related accidents, illness and injuries. The City
of Port Orchard will establish and maintain an AIIPP and will provide tools, training and safeguards
designed to reduce the potential for accidents, illness and injuries. It is the intent of the Department
to comply with all laws and regulations related to occupational safety.
1028.3 ACCIDENT, ILLNESS AND INJURY PREVENTION PLAN
The City of Port Orchard is responsible for developing an accident, illness and injury prevention
plan that shall include (WAC 296-800-14005):
(a) A description of the entire accident, illness and injury plan, including workplace safety
and health training programs.
(b) A safety orientation that covers all components of the AIIPP.
(c) Regularly scheduled safety meetings.
(d) Posted or distributed safety information (WAC 296-800-19005; WAC 296-800-20005).
(e) A system for members to anonymously inform management about workplace hazards.
(f) Establishment of a safety and health committee that will (WAC 296-800-130):
1. Meet regularly.
2. Prepare a written record of safety and health committee meetings.
3. Review the results of periodic scheduled inspections.
4. Review investigations of accidents and exposures.
5. Make suggestions to command staff for the prevention of future incidents.
6. Review investigations of alleged hazardous conditions.
7. Submit recommendations to assist in the evaluation of member safety
suggestions.
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8. Assess the effectiveness of efforts made by the Department to meet applicable
standards (WAC 296-800-100 et seq.).
(g) Establishing a process to ensure workplace accidents involving a fatality or in -patient
hospitalization of any member are reported as required to the Washington Department
of Labor and Industries (WAC 296-27-031).
(h) On-the-job review and training of the practices necessary to perform the initial job
assignments in a safe manner and how to properly address hazards.
(i) Instruction on reporting injuries and location of first -aid facilities.
0) The use and care of required personal protective equipment (PPE).
(k) The proper actions to take during emergencies, including the routes for exiting work
areas.
(1) Identification of the hazardous gases, chemicals or materials, along with the
instructions on their safe use and emergency action following accidental exposure.
(m) The development, supervision, implementation and enforcement of training programs
to improve the skill, awareness and competency of all members regarding
occupational safety and health (WAC 296-800-14020).
1028.3.1 SAFETY COMMITTEE
The City of Port Orchard maintains a safety committee to communicate and evaluate safety and
health issues that may affect members and to promote a safe and healthy work environment.
The safety committee should include employee -elected and department -selected members. The
number of employee -elected members must equal or exceed the number of department -selected
members. A chairperson of the committee shall be elected (WAC 296-800-13020).
The safety committee will:
(a) Review safety and health inspection reports to help correct safety standards.
(b) Evaluate accident investigations conducted since the last meeting to determine if the
causes of the unsafe situation were identified and corrected.
(c) Evaluate the AIIPP and discuss recommendations for improvement, if needed.
(d) Document attendance.
(e) Write down the subject discussed.
(f) Prepare minutes of each meeting that shall be made available for review by safety and
health consultation personnel of the Washington Department of Labor and Industries.
1028.4 SUPERVISOR RESPONSIBILITIES
Supervisor responsibilities include, but are not limited to:
(a) Ensuring member compliance with accident, illness and injury prevention guidelines
and answering questions from members about this policy.
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(b) Training, counseling, instructing or making informal verbal admonishments any time
safety performance is deficient. Supervisors may also initiate discipline when it is
reasonable and appropriate under the Standards of Conduct Policy.
(c) Establishing and maintaining communication with members on health and safety
issues. This is essential for an injury -free, productive workplace.
(d) Completing required forms and reports relating to accident, illness and injury
prevention; such forms and reports shall be submitted to the Deputy Chief.
(e) Notifying the Deputy Chief when:
1. New substances, processes, procedures or equipment that present potential
new hazards are introduced into the work environment.
2. New, previously unidentified hazards are recognized.
3. Occupational accidents, illnesses and injuries occur.
4. New and/or permanent or intermittent members are hired or reassigned to
processes, operations or tasks for which a hazard evaluation has not been
previously conducted.
5. Workplace conditions warrant an inspection.
1028.5 HAZARDS
All members should report and/or take reasonable steps to correct unsafe or unhealthy work
conditions, practices or procedures in a timely manner. Members should make their reports to a
supervisor (as a general rule, their own supervisors).
Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a
timely manner, based on the severity of the hazard. These hazards should be corrected when
observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be
immediately abated without endangering members or property, supervisors should protect or
remove all exposed members from the area or item, except those necessary to correct the existing
condition.
Members who are necessary to correct the hazardous condition shall be provided with the
necessary protection.
All significant actions taken and dates they are completed shall be documented on the appropriate
form. This form should be forwarded to the Deputy Chief via the chain of command.
The Deputy Chief will take appropriate action to ensure the accident, illness and injury prevention
plan addresses potential hazards upon such notification.
1028.6 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections identify and evaluate
workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should
be used for documentation and to ensure a thorough assessment of the work environment.
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The Deputy Chief shall ensure that the appropriate documentation is completed for each
inspection.
1028.6.1 EQUIPMENT
Members are charged with daily vehicle inspections of their assigned vehicles and of their PPE
prior to working in the field. Members shall complete the appropriate form if an unsafe condition
cannot be immediately corrected. Members should forward this form to their supervisors.
1028.7 INVESTIGATIONS
Any member sustaining any work -related illness or injury, as well as any member who is involved
in any accident or hazardous substance exposure while on -duty shall report such event as soon
as practicable to a supervisor. Members observing or learning of a potentially hazardous condition
are to promptly report the condition to their immediate supervisors.
A supervisor receiving such a report should personally investigate the incident or ensure that
an investigation is conducted. Investigative procedures for workplace accidents and hazardous
substance exposures should include:
(a) A visit to the accident scene as soon as possible.
(b) An interview of the injured member and witnesses.
(c) An examination of the workplace for factors associated with the accident/exposure.
(d) Determination of the cause of the accident/exposure.
(e) Corrective action to prevent the accident/exposure from reoccurring.
(f) Documentation of the findings and corrective actions taken.
Additionally, the supervisor should proceed with the steps to report an on -duty injury, as required
under the Occupational Disease and Work -Related Injury Reporting Policy, in conjunction with
this investigation to avoid duplication and ensure timely reporting.
1028.8 TRAINING
The Deputy Chief shall provide all members, including supervisors, with training on general
and job -specific workplace safety and health practices (WAC 296-800-14020). Training shall be
provided:
(a) To supervisors to familiarize them with the safety and health hazards to which
members under their immediate direction and control may be exposed.
(b) To all members with respect to hazards specific to each member's job assignment.
(c) To all members given new job assignments for which training has not previously been
provided.
(d) Whenever new substances, processes, procedures or equipment are introduced to
the workplace and represent a new hazard.
(e) Whenever the Department is made aware of a new or previously unrecognized hazard.
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1028.8.1 TRAINING TOPICS
The Deputy Chief shall ensure that training includes:
(a) Reporting unsafe conditions, work practices and injuries, and informing a supervisor
when additional instruction is needed.
(b) Use of appropriate clothing, including gloves and footwear.
(c) Use of respiratory equipment.
(d) Availability of toilet, hand -washing and drinking -water facilities.
(e) Provisions for medical services and first aid.
(f) Handling of bloodborne pathogens and other biological hazards.
(g) Prevention of heat and cold stress.
(h) Identification and handling of hazardous materials, including chemical hazards to
which members could be exposed, and review of resources for identifying and
mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)).
(i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and
non -ionizing radiation.
Q) Identification and mitigation of ergonomic hazards, including working on ladders or in
a stooped posture for prolonged periods.
(k) Back exercises/stretches and proper lifting techniques.
(1) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
(n) Other job -specific safety concerns.
1028.9 RECORDS
Records and training documentation relating to accident, illness and injury prevention will be
maintained in accordance with the established records retention schedule.
Safety committee records shall be retained for a minimum of one year (WAC 296-800-13020).
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Discipline
1029.1 PURPOSE AND SCOPE
The disciplinary system of the Port Orchard Police Department is governed by this policy, the
Civil Service Rules, and any existing provisions of the current labor contracts. In the event of any
conflict between this policy and Civil Service Rules, employees will be afforded all rights required
by the Civil Service Rules.
1029.1.1 POLICY
Discipline is a process for dealing with job -related behavior or performance that does not meet
expected and communicated standards. It is the policy of the Port Orchard Police Department
that disciplinary actions are administered in a consistent and fair manner across all levels off the
workforce. The goal of discipline should always be to improve behavior.
1029.2 PROGRESSIVE DISCIPLINE
Progressive discipline is the process of using escalating responses or measures when an
employee fails to correct a problem after being given a reasonable opportunity to do so. The intent
of a progressive system of discipline is to persuade the employees to accept and comply with
organizational directives.
Progressive discipline does not require that all discipline begin with counseling or minor discipline,
nor is there a rigid set of steps that must be followed in a particular order. The level of discipline
applied will be based on the totality of the facts and circumstances of each case.
In certain circumstances, it is acceptable to repeat a discipline step. For example, this may be
appropriate if a significant amount of time has passed since it was last necessary to address a
particular issue and the situation has only recently reappeared.
1029.3 DISCIPLINE TABLE
Correction Type
Who Can Give?
Due Process
Procedures?
Formal Discipline
Termination
Chief of Police
Yes
Demotion
Suspension
Written Reprimand
Corrective Actions
Verbal Reprimand
Any supervisor or above
No
Counseling
Training
1029.4 CORRECTIVE ACTION (INFORMAL DISCIPLINE)
Supervisors should address and attempt to correct minor work performance or behavioral
problems at the time the deficiency is observed. The goal is to prevent relatively minor issues
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becoming a major problem. Corrective action may be taken by any supervisor or manager with a
subordinate. All corrective action shall be documented. Corrective action options include:
1029.4.1 TRAINING
Training may include academy classes, in-service training, formal courses, or a discussion held
with the employee. The training should be specifically tailored to correct the undesirable behavior
or deficiency. Depending upon the nature of the misconduct or work performance issue, the
Department may elect to utilize training in conjunction with disciplinary action.
1029.4.2 COUNSELING
Counseling consists of a discussion between the supervisor and the employee that is intended to
change the employee's performance or conduct. The counseling should:
(a) Identify the misconduct or unacceptable work performance.
(b) Attempt to determine the reason.
(c) Define acceptable performance.
(d) Determine steps to correct the problem.
The counseling session should be summarized in a written record of the counseling which is
placed in the employee's Division File. The record should identify the problem area, describe
expected change, and set timelines for improvement. The employee should be warned of the
consequence for failing to correct behavior or performance and provide a signature acknowledging
the counseling has taken place.
1029.4.3 VERBAL REPRIMAND
Verbal reprimands may be issued to a subordinate by a supervisor, up to and including the Chief
of Police.
1029.5 FORMAL DISCIPLINE
In cases involving serious violations, or where corrective action has been unsuccessful, formal
discipline may be used to correct an employee's behavior or performance. Formal discipline is
governed by the City of Port Orchard Civil Service Rules. The formal discipline steps are:
(a) Letter of Reprimand.
(b) Loss of vacation.
(c) Suspension without pay.
(d) Reduction in step.
(e) Demotion.
(f) Termination.
1029.6 FORMAL DISCIPLINE PROCESS
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Port Orchard Police Department
Policy Manual
Discipline
1029.6.1 ADMINISTRATIVE INVESTIGATION FINDINGS
In cases of sustained misconduct, the employee will be notified of the Chiefs proposed action with
an Administrative Investigation Findings Report. The employee will also be provided with a copy
of the materials considered by the Chief in recommending the proposed discipline. A copy of the
Report and proof of service will be filed with the Civil Service Officer.
1029.6.2 PRE -DISCIPLINARY HEARING
When formal discipline is recommended, the Chief of Police shall provide the employee with a
pre -disciplinary hearing. The hearing is an opportunity for the employee to present any additional
facts to be considered. The employee may waive the hearing.
1029.6.3 NOTICE OF DISCIPLINE
Following the pre -disciplinary hearing, the Chief of Police will consider all information received in
regard to the recommended discipline and may request further investigation. The Chief of Police
will affirm, modify, or reject the recommended discipline. If discipline is imposed, the employee
will be provided a notice of this discipline in accordance with Civil Service Rules. A copy of this
notice and proof of service will be filed with the Civil Service Officer.
1029.6.4 PENALTY CONSIDERATIONS
The following factors should be considered in determining the appropriate level of discipline:
(a) The seriousness of the offense as it relates to the nature and extent of damage, or the
potential damage or future liability to the Department.
(b) The need to convey a strong deterrent effect to the employee, as well as other
employees, to prevent similar infractions from occurring.
(c) The degree of employee culpability (i.e. fault) and the employee's attitude about
acknowledging wrongdoing and making a commitment to improve; this includes the
member's cooperation in the investigation and resolution process.
(d) The employee's previous disciplinary and performance records.
(e) Any additional mitigating or aggravating factors.
Because the appropriateness of a penalty depends on the particular circumstances of each case,
variations of penalties for similar offenses are inevitable.
1029.6.5 DISCIPLINE IMPOSED
In addition to the corrective actions listed in this policy, the Chief of Police may impose formal
discipline singly or in combination. The Chief of Police may also develop and impose unique
discipline solutions outside the above listed discipline schedule. This may include conduct
agreements or other methods of dealing with the misconduct which the City and association find
satisfactory and applicable to the situation.
Once the Chief of Police has issued a written decision, the discipline will be imposed.
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1029.7 DOCUMENTATION AND RETENTION
Documentation of corrective action retained in a Division File by a supervisor for evaluation
purposes should be purged at the time of yearly evaluation. Any electronic copies should also be
deleted. The goal is to simplify compliance with the Washington Public Records Act (RCW 42.56)
by maintaining a single copy in a central repository.
All documents related to corrective or disciplinary action shall be forwarded to the Administrative
Services Manager for filing and retention. The Administrative Services Manager shall maintain
the original record for at least the minimum retention period specified by the applicable records
retention schedule. Additionally, all documents related to imposed formal discipline shall be
forwarded to the Civil Service Officer and Human Resources.
1029.8 APPEAL
An employee shall have the right to appeal any formal disciplinary action imposed by the Chief
through one of the following means:
(a) The Civil Service Commission as provided for in the Civil Service Rules, or
(b) Any grievance procedures outlined in the collective bargaining agreement.
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Policy Manual
Peer Support
1030.1 PURPOSE AND SCOPE
The purpose of the Peer Support Program is to prevent and/or lessen the potential negative impact
of stress upon members by providing emotional support, information, and assistance.
Peer Support Team Members (Peer Supporters) are fellow employees with experience and
training in stress management, critical incident stress, and crisis intervention techniques.
1030.2 POLICY
Peers can be of unique help to each other. The Port Orchard Police Department Peer Support
Program is an objective, confidential, and non -judgmental resource for employees.
Peer Supporters are intended to complement services provided by the City of Port Orchard
Employee Assistance Program and other services within our community.
Peer Supporters are not a replacement for professional care.
1030.3 PEER SUPPORT OBJECTIVES
The objective of the Peer Support Program are:
• To provide a readily accessible network of employees who are trained and willing to
be of service to their fellow employees in need of assistance or support.
• To help employees through a temporary crisis.
• To help employees through work -related critical or traumatic incidents.
• To develop awareness among employees that they are not alone, that people care,
and that others are willing to listen, assess, and refer as needed.
1030.4 CONFIDENTIALITY
A Peer Supporter shall maintain the confidentiality entrusted to them and not divulge or discuss any
information developed in a peer support session. No member of rank shall ask a Peer Supporter
to divulge any information acquired in their Peer Support capacity.
RCW 5.60.060 defines privileged communications between authorized Peer Supporters and law
enforcement officers in the State of Washington.
The Peer Supporter shall advise the person at the onset of the contact that confidentiality is to be
strictly maintained except in the following instances:
• Other laws may require that law enforcement divulge information gathered in a peer
support session, such as mandatory reporting of domestic violence or other criminal
conduct.
• The Peer Supporter shall divulge information where there is reason to believe that the
person intends to seriously injure themselves or another person. The Peer Supporter
shall immediately notify an appropriate supervisor in the above circumstances. That
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supervisor shall make reasonable efforts to advise any intended victims in those
cases.
• The Peer Supporter has the consent of the employee to divulge the information to
another specific person or group.
1030.5 SELECTION OF PEER SUPPORTERS
Peer Supporters are selected and appointed by the Chief of Police and serve at the will of the
Chief of Police. The Chief of Police shall select Peer Supporters using the following criteria:
• Members who demonstrate maturity, empathy, compassion, discretion, and good
active listening skills;
• Submission of a letter of interest in membership;
• Department needs, such as adequate staff representation;
• Personnel and Division File review;
• Interview with a selection board;
• Approval of the Deputy Chief of Police.
1030.6 PEER SUPPORT REQUIREMENTS
To remain a Peer Supporter, the member shall:
• Attend and successfully complete the required training as specified in RCW 5.60.060
and approved by the Chief of Police.
• Attend yearly update meetings/training as set by the Department;
• Maintain confidentiality;
• Adhere to the policies and procedures of the Port Orchard Police Department.
If a Peer Supporter fails to adhere to the requirements of the program, they shall lose active status.
A member who loses active status must reapply to the program following all procedures for the
selection of Peer Supporters.
1030.7 SUPERVISOR RESPONSIBILITIES
The Chief of Police shall appoint a Sergeant to supervise the Peer Support Program. The
supervisor should, if feasible, be a member of the Peer Support Program prior to appointment and
possess the desired traits for selection as a Peer Supporter.
The Sergeant shall:
• appoint Peer Supporters during critical incidents.
• approve overtime compensation requests.
• ensure Peer Support Program meetings or training are held at least annually.
• be the primary liaison with outside agencies providing peer support to our members.
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• be the primary liaison with outside agencies which may request Peer Supporters from
this Department.
• ensure ongoing training and examinations of best practices for the Peer Support
Program.
• ensure training requirements are met by Department Peer Supporters and outside
agency Peer Supporters used by Department members.
• maintain an active roster of Peer Supporters.
• coordinate responses for department -wide events (e.g., death or illness of a member).
1030.8 USE OF PEER SUPPORT
Peer Supporters may be contacted by a member requesting assistance without authorization or
appointment by the Department. Appointment is only required to deem communication related to
a critical incident as privileged (See Critical Incident Appointment). Peer Supporters may support
a member subject to an internal investigation. Any order directing a member not to talk about any
aspects of the internal investigation shall not apply to communication with Peer Supporters. All
communications shall be confidential as outlined in the Confidentiality section of this policy.
1030.9 CRITICAL INCIDENT APPOINTMENT
A critical incident is any event, on -duty or job -related off -duty, involving actual or threatened death
or serious injury, which has the potential to create a sense of fear, helplessness, horror, or general
distress, or an event that is overwhelming to the natural defenses of an officer.
A Peer Supporter shall not provide peer support if that Peer Supporter is a witness, participant,
or investigator in the same critical incident.
Only those holding the rank of Sergeant or higher are authorized to assign Peer Supporters to an
employee regarding a critical incident. The Sergeant shall make the appointment in writing to the
Deputy Chief and Chief of Police as soon as practical.
In cases of emergencies, where it is necessary to make the appointment of a Peer Supporter
immediately and no Sergeant or other command staff officer is available, a shift supervisor
may appoint a Peer Supporter. The shift supervisor will put this appointment in writing as soon
as practical, but no longer than twenty-four (24) hours from the original appointment. This
appointment must be authorized by the Sergeant or higher rank within twenty-four (24) hours of
the critical incident.
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Policy Manual
Wellness Program
1031.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on establishing and maintaining a proactive
wellness program for department members.
The wellness program is intended to be a holistic approach to a member's well-being and
encompasses aspects such as physical fitness, mental health, and overall wellness.
Additional information on member wellness is provided in the:
• Line -of -Duty Deaths or Serious Injuries.
• Drug- and Alcohol -Free Workplace Policy.
1031.1.1 DEFINITIONS
Definitions related to this policy include:
Critical incident — An event or situation that may cause a strong emotional, cognitive, or physical
reaction that has the potential to interfere with daily life.
Critical Incident Stress Debriefing (CISD) — A standardized approach using a discussion format
to provide education, support, and emotional release opportunities for members involved in work -
related critical incidents.
Peer support — Mental and emotional wellness support provided by peers trained to help
members cope with critical incidents and certain personal or professional problems.
Peer supporter — A member or retired member of the Port Orchard Police Department who has
received training to provide emotional support, moral support, and counseling to a member who
needs those services resulting from an incident in an official capacity or to deal with other stress
that is impacting the member's performance of official duties. It also includes a nonemployee
counselor who has been designated by the Port Orchard Police Department to provide those same
services (RCW 5.60.060).
1031.2 POLICY
It is the policy of the Port Orchard Police Department to prioritize member wellness to foster fitness
for duty and support a healthy quality of life for department members. The Department will maintain
a wellness program that supports its members with proactive wellness resources, critical incident
response, and follow-up support.
1031.3 WELLNESS COORDINATOR
The Chief of Police should appoint a trained wellness coordinator. The coordinator should report
directly to the Chief of Police or the authorized designee and should collaborate with advisers
(e.g., Human Resources, legal counsel, licensed psychotherapist, qualified health professionals),
as appropriate, to fulfill the responsibilities of the position, including but not limited to:
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(a) Identifying wellness support providers (e.g., licensed psychotherapists, external peer
support providers, physical therapists, dietitians, physical fitness trainers holding
accredited certifications).
1. As appropriate, selected providers should be trained and experienced in
providing mental wellness support and counseling to public safety personnel.
2. When practicable, the Department should not use the same licensed
psychotherapist for both member wellness support and fitness for duty
evaluations.
(b) Developing management and operational procedures for department peer support
members, such as:
1. Peer support member selection and retention.
2. Training and applicable certification requirements.
3. Deployment.
4. Managing potential conflicts between peer support members and those seeking
service.
5. Monitoring and mitigating peer support member emotional fatigue (i.e.,
compassion fatigue) associated with providing peer support.
6. Using qualified peer support personnel from other public safety agencies or
outside organizations for department peer support, as appropriate.
(c) Verifying members have reasonable access to peer support or licensed
psychotherapist support.
(d) Establishing procedures for CISDs, including:
1. Defining the types of incidents that may initiate debriefings.
2. Steps for organizing debriefings.
(e) Facilitating the delivery of wellness information, training, and support through various
methods appropriate for the situation (e.g., phone hotlines, electronic applications).
(f) Verifying a confidential, appropriate, and timely Employee Assistance Program (EAP)
is available for members. This also includes:
1. Obtaining a written description of the program services.
2. Providing for the methods to obtain program services.
3. Providing referrals to the EAP for appropriate diagnosis, treatment, and follow-
up resources.
4. Obtaining written procedures and guidelines for referrals to, or mandatory
participation in, the program.
5. Obtaining training for supervisors in their role and responsibilities, and
identification of member behaviors that would indicate the existence of member
concerns, problems, or issues that could impact member job performance.
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(g) Assisting members who have become disabled with application for federal government
benefits such as those offered through the Public Safety Officers' Benefits Program
(34 USC § 10281 et seq.).
1. The coordinator should work with appropriate Department liaisons to assist
qualified members and survivors with benefits, wellness support, and counseling
services, as applicable, when there has been a member death (see the Line -of -
Duty Deaths Policy for additional guidance).
1031.4 DEPARTMENT PEER SUPPORT
1031.4.1 PEER SUPPORT MEMBER SELECTION CRITERIA
The selection of a department peer support member will be at the discretion of the coordinator.
Selection should be based on the member's:
• Desire to be a peer support member.
• Experience or tenure.
• Demonstrated ability as a positive role model.
• Ability to communicate and interact effectively.
• Evaluation by supervisors and any current peer support members.
1031.4.2 PEER SUPPORT MEMBER RESPONSIBILITIES
The responsibilities of department peer support members include:
(a) Providing pre- and post -critical incident support.
(b) Presenting department members with periodic training on wellness topics, including
but not limited to:
1. Stress management.
2. Suicide prevention.
3. How to access support resources.
(c) Providing referrals to licensed psychotherapists and other resources, where
appropriate.
(d) Referrals should be made to department -designated resources in situations that are
beyond the scope of the peer support member's training.
1031.4.3 PEER SUPPORT MEMBER TRAINING
A department peer support member should complete department -approved training prior to being
assigned.
1031.5 CRITICAL INCIDENT STRESS DEBRIEFINGS
A Critical Incident Stress Debriefing should occur as soon as practicable following a critical
incident. The coordinator is responsible for organizing the debriefing. Notes and recorded
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statements shall not be taken because the sole purpose of the debriefing is to help mitigate the
stress -related effects of a critical incident.
The debriefing is not part of any investigative process. Care should be taken not to release or
repeat any communication made during a debriefing unless otherwise authorized by policy, law,
or a valid court order.
Attendance at the debriefing should only include peer support members and/or peer supporters,
and those directly involved in the incident.
1031.6 PEER SUPPORT COMMUNICATIONS
Although the Department will honor the sensitivity of communications with peer support members,
such communications are not confidential, except:
• Communications between a qualified peer supporter and a member are considered to
be privileged except where allowed by law (RCW 5.60.060).
• Communications to crisis referral services by members and all records related to the
communications shall be confidential except as allowed by RCW 43.101.425.
1031.7 RESOURCES
1031.7.1 EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City of Port Orchard offers an Employee Assistance Program for employees and eligible
family members. The program provides free confidential counseling and referral services to help
address work and personal issues, such as:
• Confidential Emotional Support
Anxiety, depression, stress
Grief, loss, and life adjustments
Relationship/marital conflicts
• Work and Lifestyle Support
Child, elder, and pet care
Moving and relocation
Shelter and government assistance
• Legal Guidance
Divorce, adoption, and family law
Wills, trusts, and estate planning
Free consultation and discounted local representation
• Financial Resources
Retirement planning and taxes
Relocation, mortgages, and insurance
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Budgeting, debt, bankruptcy, and more
The program is confidential and available 24/7 at (800) 570-9315.
1031.7.2 CORDICO WELLNESS APP
The Cordico Wellness app is available to all police department employees, active or retired, as
well as their spouses and partners. The app is designed to provide member's with privacy when
used; the department has a general login for all members. The app does not collect personal data,
is not subject to public disclosure, and may be downloaded to a member's personal or department -
issued cell phone. Content includes:
• Therapist finder
• Weight loss and health resources
• Integrated peer support and chaplaincy resources
• Crisis support
• Self -assessments and guidance on issues with sleep, anger, post -traumatic stress,
substance use, and more
1031.7.3 HOTLINES
Safe Call Now - a confidential, comprehensive, 24-hour crisis referral service for all US public
safety employees, all emergency services personnel, and their family members. Safe Call Now is
available at (206) 459-3020 or by visiting www.safecallnow.org.
Serve & Protect - a confidential crisis hotline for all first responders that provides connection to
therapy. Serve & Protect is available at (615) 373-8000 or by visiting www.serveprotect.org.
Copline - a crisis hotline for law enforcement and law enforcement families. Calls are answered
by retired law enforcement officers who have completed forty hours of peer support training for
crisis intervention. The program can provide referrals to mental health professionals for follow-up
and continued assistance. Copline is available at (800) 267-5463 (800-COPLINE) or by visiting
www.copline.org.
Financial Cop - this resource offers specific financial planning for first responders and their
families, as well as financial crisis counseling.
1031.8 PHYSICAL WELLNESS PROGRAM
The coordinator is responsible for establishing guidelines for any on -duty physical wellness
program, including the following:
(a) Voluntary participation by members
(b) Allowable physical fitness activities
(c) Permitted times and locations for physical fitness activities
(d) Acceptable use of department -provided physical fitness facilities and equipment
(e) Individual health screening and fitness assessment
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(f) Individual education (e.g., nutrition, sleep habits, proper exercise, injury prevention)
and goal -setting
(g) Standards for physical fitness incentive programs. The coordinator should collaborate
with the appropriate entities (e.g., human resources, legal counsel) to verify that any
standards are nondiscriminatory.
(h) Maintenance of physical wellness logs (e.g., attendance, goals, standards, progress)
(i) Ongoing support and evaluation
See the Fitness Facility policy for specific information.
1031.9 WELLNESS PROGRAM AUDIT
At least annually, the coordinator or the authorized designee should audit the effectiveness of the
department's wellness program and prepare a report summarizing the findings. The report shall
not contain the names of members participating in the wellness program, and should include the
following information:
• Data on the types of support services provided
• Wait times for support services
• Participant feedback, if available
• Program improvement recommendations
• Policy revision recommendations
The coordinator should present the completed audit to the Chief of Police for review and
consideration of updates to improve program effectiveness.
1031.10 TRAINING
The coordinator or the authorized designee should collaborate with the Deputy Chief to provide
all members with regular education and training on topics related to member physical and mental
health and wellness, including but not limited to:
• The availability and range of department wellness support systems.
• Suicide prevention.
• Recognizing and managing mental distress, emotional fatigue, post -traumatic stress,
and other possible reactions to trauma.
• Alcohol and substance disorder awareness.
• Countering sleep deprivation and physical fatigue.
• Anger management.
• Marriage and family wellness.
• Benefits of physical exercise and proper nutrition.
• Effective time and personal financial management skills.
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Training materials, curriculum, and attendance records should be forwarded to the Deputy Chief
as appropriate for inclusion in training records.
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Fitness Facility
1032.1 PURPOSE AND SCOPE
This policy provides guidelines for the safe use of department -provided exercise equipment.
As part of the department's wellness program, the Fitness Facility is intended to promote and
encourage physical and mental wellness.
Additional information on member wellness is provided in the:
• Wellness Program policy
• Drug- and Alcohol -Free Workplace policy
• Line -of -Duty Deaths policy
1032.2 POLICY
The department encourages its members to be fit and healthy. In an effort to support physical and
mental wellness, the department has provided a Fitness Facility to allow members the opportunity
to participate in physical activity. The use of the Fitness Facility is voluntary and not mandated
or required for the continuing employment of any member unless specifically required by their
job duties and assignment. Physical activity and exercise are not work -related for the purpose of
worker's compensation. Members are encouraged to participate in regular physical activity and,
if necessary, with a physician's approval. The use of the Fitness Facility is exclusive to members
of the police department.
1032.3 MEMBER RESPONSIBILITY
Members shall not utilize the Fitness Facility while on -duty. Members are permitted to use the
facility before and after their duty shift, or on a non -work day.
Members not familiar with a piece of equipment should not use the equipment.
All use of the Fitness Facility is voluntary and at the member's own risk.
1032.4 FITNESS FACILITY EQUIPMENT
The department is responsible for the maintenance of department -owned equipment and for
establishing reasonable rules and guidelines regarding the Fitness Facility and use of the
equipment.
The department will establish a written inspection and maintenance procedure consistent with
manufacturer's recommendations Records of inspection and maintenance shall be retained in
accordance with the established records retention schedules.
1032.5 FITNESS FACILITY USE
Members may utilize the Fitness Facility under the following conditions:
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(a) Prior to exercising or using the equipment, each employee should undergo a
preliminary medical screening to assess their individual capabilities, limitations, and
needs. The city is not responsible for any costs associated with this screening.
(b) It is normal for those who exercise to gain strength and aerobic capacity. Members
should work closely with their physician regarding increasing weights or aerobic
challenges that are outside of the parameters of that physician's recommendation.
(c) Any member experiencing pain or discomfort when performing exercises shall
immediately discontinue participation.
(d) Any member who is on light -/modified -duty shall not be permitted to use the Fitness
Facility and/or equipment. An exception may be made should a member's physician
provide satisfactory documentation approving use, any restrictions and what is
permitted, and is approved by the Chief of Police or designee.
1032.6 FITNESS FACILITY RULES
As with other areas of the police department, access to the Fitness Facility by members of the
department is by permission and sole discretion of the Chief of Police. Access may be limited,
suspended, or revoked for any reason. In addition, violation of Fitness Facility rules may result in
separate and independent grounds for disciplinary action.
All persons utilizing the Fitness Facility shall:
(a) Conduct themselves in accordance with department policy.
(b) Not use the Fitness Facility during duty hours. Duty hours include breaks and paid
lunch periods.
(c) Not bring food or drink into the Fitness Facility. Water or other non -staining liquids
are acceptable.
(d) Not bring in exercise or other equipment unless approved by the Chief of Police or
designee.
(e) Not deface or damage equipment, to include posting or affixing stickers or other items,
without approval by the Chief of Police or designee.
(f) Keep the Fitness Facility free of debris or clutter. The areas shall be left in a neat and
orderly condition and all personal items removed. Any personal items left unattended
may be subject to being discarded.
(g) Wear appropriate attire that would be suitable in a typical, family -oriented fitness
center. Required attire shall include closed -toe footwear, upper body and lower body
clothing.
(h) Report all damage, defects, or other poor conditions to the Chief of Police or designee
as soon as practical, and take reasonable measures to prevent others from being
exposed to a known dangerous condition.
1032.7 RELEASE OF LIABILITY AND HOLD HARMLESS
Members who wish to use the Fitness Facility must first have signed a Waiver of Claims, Release
of Liability, and Hold Harmless statement to be kept on file by the City.
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