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HomeMy WebLinkAbout2020-08-18 - Teamsters Union Local No. 760 ("Union") - Memorandum of UnderstandingLETTER OF AGREEMENT Between CITY OF EAST WENATCHEE and TEAMSTERS UNION LOCAL NO. 760 ("Union") This Letter of Agreement (LOA) modifies the terms and conditions of the existing labor agreement between the CITY OF EAST WENATCHEE ("Employer") and the TEAMSTERS UNION LOCAL NO. 760 ("Union"). Article 15 Uniforms and Equipment has the following sections added and incorporated as part of the labor agreement. ARTICLE 15 UNIFORMS AND EQUIPMENT 15.3 The Union and the Employer mutually agree that the use of Portable Audio/Video Recorders (Body worn camera's (BWC)) and Mobile Audio Video (MAV) will enhance the public trust and provide enhanced evidentiary value for court testimony. The Employer may install and will require employees to utilize both BWC and MAV equipment as determined necessary by the employer, subject to the following terms and conditions: 15.3.1 Upon request, an officer has the right to review any known BWC or MAV audio and video evidence recorded by the East Wenatchee Police Department prior to completing a written report or giving a statement in order to ensure the most accurate information possible. 15.3.2 East Wenatchee Police Department Policies 422 Portable Audio/Video Recorders and 423 Mobile Audio Video are incorporated and attached to this agreement. 15.3.3 The Union and the Employer mutually agree that the purpose of BWC and MAV recording devices are primarily designed to increase officer safety, to provide additional evidence for case presentation, and to enhance the public trust. The Employer and the Union agree that it is important to create an atmosphere of trust with the community and with the members of the bargaining unit. The Employer agrees that the BWC/MAV devices will be utilized appropriately for supervision purposes, which include investigating a citizen, or other documented complaint, reviewing reported use of force incidents, as evidence in court related matters and in limited training circumstances for new (probationary) officers. The Employer agrees that the BWC/MAV devices will not be randomly or routinely monitored/reviewed without reasonable cause and that discipline shall only be issued in cases that are determined to be consistent with this provision of the agreement. 15.3.3 (a) Except as provide above, any routine monitoring/reviewing by a supervisor based on reasonable cause of on -going policy violations and or law violations, must be approved by the Chief of Police prior to the monitoring. The requesting supervisor must provide a written request to the Chief of Police specifically stating what the reasonable cause is and receive the approval of the Chief prior to engaging in the routine monitoring. The written approval shall set a specific time limit, based on the reasonable cause and purpose, for routine monitoring that shall not be longer than 30 calendar days. 15.3.4 It is understood by both parties that accidental or inadvertent activation/deactivation of the camera systems can occur, as can malfunctions of the equipment. The Employer and the Union agree that each incident will be evaluated on a case by case basis and that any discipline issued for improper or failure to active the system will be handled in a manner that takes into account unintentional error. Repeated failure to activate and/or inadvertent deactivation shall be handled by using the progressive discipline process. 15.4 Take home Vehicle or Assigned Police Vehicle Program (APV). The Employer agrees to establish a take home vehicle program for members of the bargaining unit, with a full implementation occurring by January 1 s', 2024. 15.4.1 The initial implementation of the program shall be based on seniority of the bargaining unit members. As the number of vehicles becomes available, the next senior officer shall be assigned a police vehicle with the ability to drive it to/from work. 15.4.2 After the initial implementation of the program, vehicle assignments and vehicle replacements will be made at the discretion of the Chief of Police. 15.4.3 East Wenatchee Police Department Policies 702 Vehicle Maintenance, 703 Vehicle Use and 706' Assigned Police Vehicle Program are incorporated and attached to this agreement. Except as modified herein, all other provisions and application of the Collective Bargaining Agreement shall remain unchanged. No employee shall suffer a reduction in pay as a result of this LOA. This LOA shall be in full force and effect upon ratification and signature by both parties. CITY OF EAST WENATCHEE, WA TEAMSTERS LOCAL UNION No.760 Arrilea Crawford Date Leonard J Crouclf Date Mayor Secretary Treasurer East Wenatchee Police Department EWPD Policy Manual Portable AudioNideo Recorders 422.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this agency while in the performance of their duties (RCW 10.109.010). Portable audio/video recording devices include all recording systems whether body -worn, hand held or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any East Wenatchee Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 422.2 POLICY The East Wenatchee Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Agency by accurately capturing contacts between members of the Agency and the public. 422.3 COORDINATOR The Chief of Police or the authorized designee should appoint a coordinator responsible for (RCW 10.109.010): (a) Establishing procedures for the 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 deaf or hard of hearing that a portable recorder is being used. (d) Establishing procedures for accessing data and recordings. (e) Establishing procedures for logging or auditing access. 422.4 MEMBER PRIVACY EXPECTATION All recordings made by members on any agency -issued device at any time, and any recording made while acting in an official capacity of the agency, regardless of ownership of the device it was made on, shall remain the property of the Agency. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 422.5 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/she is equipped with a portable recorder issued by the Agency, and that the recorder is in good working order. If the recorder is not in working order or the member becomes aware of a Copyright Lexlpol. LLc 2019112ro6. All Rights Reserved. Portable AudioNideo Recorders - 310 Published with pertniselun by East Wenatchee Pdk,e Deportment East Wenatchee Police Department EWPD PDlicy Manual Portable Audio/Video Recorders malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable. Any member assigned to a non -uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non -uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member shall record his/her name, EWPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording. Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation (RCW 10.109.010). 422.6 ACTIVATION OF THE PORTABLE RECORDER This policy is not Intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The portable recorder should be activated in any of the following situations: (a) All enforcement and investigative contacts including stops and field interview (R) 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 RiverCom Communications (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording 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 law enforcement 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 at issue unless the circumstances no longer fit the criteria for recording. Copyright beslpd. uc 2019112/g6, al Rights Resenreo, Portable AudioNideo Recorders - 311 Published with penniesion by East Wenatchee Pollee Deparlment East Wenatchee Police Department EWPD Policy Manual Portable Audio/Video Recorders No member of this agency may record a face-to-face conversation without first announcing to everyone present that the conversation is going to be recorded and ensuring the announcement is recorded except pursuant to a warrant, or when the communication is of an emergency nature or relates to communications by a hostage holder or barricaded suspect (RCW 9.73.030). At no time is a member expected tojeopardize his/her safety in orderto activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 422.6.1 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident Is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. 422.6.2 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER 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 agency member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 422.6.3 EXPLOSIVE DEVICE Many portable recorders, including body -worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 422.7 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using agency -issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on -duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with a agency -issued or personally owned recorder. Members shall not duplicate or distribute such recordings, except for authorized legitimate agency business purposes. All such recordings shall be retained at the Agency. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the On -Duty Supervisor. Any member who uses a personally owned recorder for agency -related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on -duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. copydght Lexlpol. Luc 201en2se, ai Righls Reared. Portable AudioNideo Recorders - 312 Published with permission by East Wenetchee Police n.,e nl East Wenatchee Police Department EWPD Policy Manual Portable Audio/Video Recorders 422.8 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (a) The recording contains evidence relevant to potential criminal, civil or administrative matters. (b) A complainant, victim or witness has requested non -disclosure. (c) A complainant, victim or witness has not requested non -disclosure but the disclosure of the recording may endanger the person. (d) Disclosure may be an unreasonable violation of someone's privacy. (e) Medical or mental health information is contained. (f) Disclosure may compromise an undercover officer or confidential informant. Any time a member reasonably believes a recorded contact may be beneficial in a non -criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 422.9 RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. 422.9.1 RELEASE OF AUDIOIVIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. 422.10 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource (see the Officer -Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the members performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Agency who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. copyright Lexlppl. I.Lc 201en2106, All Rights Reserved. Portable AudioNideo Recorders - 313 Published wdh permission by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Portable Audio/Video Recorders (c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the City Attorney prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person's privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 422.11 TRAINING The Assistant Chief should ensure that those members issued a portable recorder receive initial training upon issue and periodic training thereafter (RCW 10.109.010). Copyright Lexlpot. LLC 2019112105, All atghts Reserved Portable AudloNideo Recorders - 314 Published with permission by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video 423.1 PURPOSE AND SCOPE In the event that the East Wenatchee Police Department equips marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 423.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In -car camera system and Mobile Audio Video (MAV) system - Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician - Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media -Audio-video signals recorded or digitally stored on a storage device or portable media. 423.2 POLICY It is the policy of the East Wenatchee Police Department to use mobile audio and video technology to more effectively fulfill the agency's mission and to ensure these systems are used securely and efficiently. 423.3 OFFICER RESPONSIBILITIES Prior to going into service, each officer will properly equip him/herself to record audio and video in the field. At the end of the shift, each officer will follow the established procedures for providing to the Agency any recordings or used media and any other related equipment. Each officer should have adequate recording media for the entire duty assignment. In the event an officer works at a remote location and reports in only periodically, additional recording media may be issued. Only East Wenatchee Police Department identified and labeled media with tracking numbers is to be used. At the start of each shift, officers should test the MAV system's operation in accordance with manufacturer specifications and agency operating procedures and training. System documentation is accomplished by the officer recording his/her name, serial number, badge or PIN number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. copyright Lealpd, LLc WuJ11ffis.al Rights Reamed. Mobile Audio Video - 315 Published with pemissbn by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video 423.4 ACTIVATION OF THE MAV The MAV system is designed to turn on whenever the unit's emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record. Whenever reasonably practicable, officers shall inform any person being recorded that an audio recording is being made and shall ensure that such advisement informing the person is also recorded (RCW 9.73.090(1)(c)). 423A.1 REQUIRED ACTIVATION OF MAV This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident. In some circumstances, it is not possible to capture images of the event due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations: (a) All field contacts involving actual or potential criminal conduct within video or audio range: 1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2. Priority responses 3. Vehicle pursuits 4. Suspicious vehicles 5. Arrests 6. Vehicle searches 7. Physical or verbal confrontations or use of force 8. Pedestrian checks 9. DWI/DUI investigations including field sobriety tests 10. Consensual encounters 11. Crimes in progress 12. Responding to an in -progress call (b) All self -initiated activity in which an officer would normally notify RiverCom Communications (c) Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: 1. Domestic violence calls Copyright Leslpd. LLc 20191121M. All Rights Reserved. Mobile Audio Video - 316 Published with permission by East Wenatchee Pollee Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video 2. Disturbance of peace calls 3. Offenses involving violence or weapons (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e) Any other circumstance where the officer believes that a recording of an event would be appropriate 423.4.2 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations. 423.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this agency may surreptitiously record a conversation of any other member of this agency except with a court order (RCW 9.73.090). 423.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification of RiverCom Communications. At reasonable intervals, supervisors should validate that: (a) Beginning and end -of -shift recording procedures are followed. (b) Logs reflect the proper chain of custody, including: 1. The tracking number of the MAV system media. 2. The date it was issued. 3. The law enforcement operator or the vehicle to which it was issued. 4. The date it was submitted. 5. Law enforcement operators submitting the media. 6. Holds for evidence indication and tagging as required. (c) The operation of MAV systems by new employees is assessed and reviewed. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer -involved shootings, agency -involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime scene Copyright LexiO, LLC 2019112/06. A9 Rights Reserved. Mobile Audio Video - 317 Published with permission by East Wenatchee Polka Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Supervisors may activate the MAV system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of monitoring the conversations or actions of an officer. 423.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Agency. Dissemination outside of the agency is strictly prohibited, exceptto the extent permitted or required by law. To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the agency MAV technician or forensic media staff. When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. Recordings may be reviewed in any of the following situations: (a) For use when preparing reports or statements (b) By a supervisor investigating a specific act of officer conduct (c) By a supervisor to assess officer performance (d) To assess proper functioning of MAV systems (e) By a agency investigator who is participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation (f) By agency personnel who request to review recordings (g) By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment (h) By court personnel through proper process or with permission of the Chief of Police or the authorized designee. (i) By the media personnel through proper process or with permission of the Chief of Police or his/her the authorized designee. (j) To assess possible training value (k) Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection. No sound or video recording may be made available to the public until final disposition of any criminal or civil litigation which arises from the event or events that were recorded (RCW 9.73.090(1)(c)). Copyright LexipoL LLC 2019112 , All Rights Reserved. Mobile Audio Video - 318 Publlshec wah pamission by East Wenatchee Poke Cepar ant East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video Employees desiring to view any previously uploaded or archived MAV recording should submit a request in writing to the On -Duty Supervisor. Approved requests should be forwarded to the MAV technician for processing. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. 423.6 DOCUMENTING MAV USE If any incident is recorded with either the video or audio system, the existence of the recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation indicating that the incident was recorded. 423.7 RECORDING MEDIA STORAGE AND INTEGRITY Once submitted for storage, all recording media will be labeled and stored in a designated secure area. All recording media that is not booked as evidence will be retained for as long as any crime may be charged based on the events, communications or conversations recorded, and disposed of in compliance with the established records retention schedule (RCW 9.73.090(2)). 423.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee, subject to limitations in the law. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned. 423.7.2 MAV RECORDINGS AS EVIDENCE Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the East Wenatchee Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 423.8 SYSTEM OPERATIONAL STANDARDS (a) MAV system vehicle installations should be based on officer safety requirements and the vehicle and device manufacturer's recommendations. (b) The MAV system should be configured to minimally record for 30 seconds prior to an event. (c) The MAV system may not be configured to record audio data occurring prior to activation. copydeht Lexipei, uc 2019n2l0e, M Rights Reamed. Mobile Audio Video - 319 Published wAh permission by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video (d) Unless the transmitters being used are designed for synchronized use, only one transmitter, usually the primary initiating officer's transmitter, should be activated at a scene to minimize interference or noise from other MAV transmitters. (e) Officers using digital transmitters that are synchronized to their Individual MAV shall activate both audio and video recordings when responding in a support capacity. This is to obtain additional perspectives of the incident scene. (f) With the exception of law enforcement radios or other emergency equipment, other electronic devices should not be used inside MAV-equipped law enforcement vehicles to minimize the possibility of causing electronic or noise interference with the MAV system. (g) Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only a supervisor, MAV technician or other authorized designee may erase and reissue previous recordings and may only do so pursuant to the provisions of this policy. (h) To prevent damage, original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MAV technician. 423.9 MAV TECHNICIAN RESPONSIBILITIES The MAV technician is responsible for: (a) Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. (b) Collecting all completed media for oversight and verification of wireless downloaded media. Once collected, the MAV technician: 1. Ensures it is stored in a secure location with authorized controlled access. 2. Makes the appropriate entries in the chain of custody log. (c) Erasing of media: Pursuant to a court order. 2. In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (d) Assigning all media an identification number prior to issuance to the field: 1. Maintaining a record of issued media. (e) Ensuring that an adequate supply of recording media is available. (f) Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the agency evidence storage protocols and the records retention schedule. copyright I.exlpol, uc 2019N2MIS, Ni Rights Reserved. Mobile Audio Video - 320 Published with pennlasbn by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Mobile Audio Video 423.10 TRAINING All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use. copytlghllexipol. uc 20tgr1210e, ai Rights Reserved, Mobile Audio Video - 321 Published "h pevnisslon by East Wenatchee Pollm Department Policy 706 East Wenatchee Police Department ASSIGNED POLICE VEHICLE PROGRAM 706.1 PURPOSE AND SCOPE Eligible officers participating in the program may be issued a police vehicle for on -duty use subject to the regulations in this directive. All take-home vehicles assigned to officers will be defined as Assigned Police Vehicles (APV). This policy pertains to all officers assigned police vehicles and to those temporarily assigned an APVs, where applicable. Failure to properly maintain the vehicle or comply with the regulations and procedures contained within this directive, may result in the officer's suspension from the program, or in cases of multiple offenses, termination of the officer's participation in the program at the discretion of the Chief. Suspension and/or termination from the program may also occur as a result of other disciplinary action at the discretion of the Chief. It is the policy of the department to distribute APVs in a fair and equitable manner. APVs may be reassigned or replaced as part of the efficient management of the police department fleet. Police vehicles may be driven only by authorized members of the East Wenatchee Police Department, unless prior approval is received from the Chief of Police. 706.1.1 OBJECTIVES 1. Enhanced Police Presence The greater visibility of police resulting from an increased number of marked vehicles on the streets will serve to increase East Wenatchee citizens' sense of security, and promote the concept of omnipresence of police in the community. 2. Crime Deterrence The presence of marked police vehicles in neighborhoods, shopping center parking lots, and other areas signals the presence of police officers. This should have a deterrent effect upon persons who contemplate committing violations of the law. 3. Improved Response Times The East Wenatchee Police Department is a small rural agency with limited resources. A call out of off -duty personnel may be required in emergency situations, to include disaster response and periods of public unrest. Officer responding from their homes and directly to a location where additional police presence is required will substantially reduce an officers response time in emergency situations. 4. Reduced Vehicle Fleet Cost By using a patrol vehicle for only one shift, instead of around the clock, the vehicle will last much longer with fewer attendant repairs and service costs. With one operator, responsibility for proper care and maintenance is clearly fixed. Other studies have demonstrated that assigned vehicles have twice the life of a pool car (6-7 years vs. 3 years). 5. Enhanced Officer Productivity Using pool cars requires approximately 30 minutes per shift to check in and out vehicles as well as load and unload equipment, paperwork and weapons. With only one officer using the vehicle, and responsible for its appearance, the department expects the vehicle to have an excellent appearance at all times. Officer efficiency is enhanced when they are able to stock the assigned vehicle with all the forms, reports and equipment needed. As a result, less frequent trips to the station are required. 6. Morale Officer morale, pride in his/her personal patrol vehicle and officer responsibility are closely related to greater motivation for higher performance and increased work productivity. 706.2 PROGRAM ELIGIBILITY All officers, following their initial probationary period, regardless of assignment, will be eligible for the APV program subject to the limitations set forth below: (a) Officers must reside in Douglas or Chelan County, and within 15 miles straight line miles of the City Hall/Police Department of East Wenatchee to be eligible for the APV program. (b) Officers will become eligible for APV assignment after satisfactorily completing the entry-level probationary period. APVs will be assigned to eligible officers as the vehicles become available. APVs may be assigned temporarily to probationary police officers at the Chiefs discretion. (c) Unless waived by the Chief, an officer who is not fit for full duty will be excluded from the APV program for the duration of the disability. (d) No unauthorized personnel are permitted to operate the APV except in an emergency. (e) Members who do not maintain a yearly overall performance rating of "Satisfactory" will be suspended from the program until such time as the member has attained the "Satisfactory" rating. (f) Nothing in this policy shall preclude the Chief of Police from suspending or revoking a member's participation in the APV program for disciplinary purposes. The Chief of Police retains the right to review the status of any suspension or revocation of the program. 706.3 Use of an APV (a) Vehicles will be utilized for official use only. (b) An officer may use an APV to transport the employee to and from the officer's residence for work -related purposes. An APV may not be used for personal errands or transports, unless special circumstances exist. (c) An officer shall notify the Chief of Police, in writing, where the APV will be parked when the APV is not parked at the officer's residence. (d) An officer operating an APV shall not permit a person other than a city employee or a person required to be conveyed in performance of duty to ride as a passenger in an APV, unless prior approval is received from the Chief of Police. (e) When driving a APV to and from work outside of the jurisdiction of the East Wenatchee Police Department, an office shall not become involved in an enforcement action unless a potential threat to life or serious property damage exists. (f) An Officer may render public assistance when the Officer deems it prudent (e.g. to assist a stranded motorist), (g) An Officer driving an APV must be armed, appropriately attired and carry his or her department -issued identification. An Officer should ensure that department radio communication capabilities are maintained to the extent feasible. 706.4 AT HOME / OFF DUTY PARKING OF APV (a) Unattended APV's must be locked at all times. (b) No bumper stickers, decals, insignia, banners, or placards of any type may be attached to, or displayed on or within, the APV. When parked, every effort should be made to avoid placing political signs or banners near or next to the APV, to avoid the appearance of a department endorsement or support of any political issue. (c) Unsecured firearms and other weapons will be removed from the vehicle occupant area when the vehicle is unattended or is parked outside of their assigned duty hours at the officer's residence. These items should be locked in a secured weapons rack (long guns), locked in the trunk of the vehicle (a covered cargo area is not considered a trunk for the purpose of this policy) or stored in the officer's residence or station locker. Equipment and uniforms left in the APV should be obscured from public view. The officer will ensure that unauthorized persons do not handle department weapons or equipment. 706.5 MAINTENANCE AND CARE (a) Performance and appearance of a vehicle and any equipment in it is the responsibility of the officer to whom it is assigned. Officers assigned APVs are responsible for scheduling preventative maintenance every 3,000 miles. Any problems which occur in scheduling of maintenance or repairs should be reported to the Fleet Coordinator. If a preventative maintenance late notice is issued for a vehicle, the member responsible for the vehicle and his/her supervisor will be notified in writing by the Fleet Coordinator. Further violations will be referred to the Assistant Chief for remedial action. (b) Patrol officers and sergeants will schedule the routine service and maintenance of their APVs to be done while they are off duty. Officers and sergeants will fuel their assigned vehicles during their tours of duty, after reporting for work, and will use their discretion concerning the fueling of APVs on scheduled days off. Officers will not be compensated for off duty vehicle maintenance activities. (c) When requesting repairs from an authorized maintenance vendor, officers must complete the "Vehicle Repair Request Form" and deliver it to the shop foreman. Individual officers are not required to keep a service record on their assigned vehicles. They may obtain information or copies of documents from the Fleet Coordinator. Officers will not make, or have made, any unauthorized adjustments or repairs except as may be necessary to get the vehicle to the maintenance facility for further repairs. Officers are not permitted to alter or customize their vehicle or vehicle equipment. (d) Officers will keep the interior of their vehicle clean and will wash the exterior at least once a week, weather permitting. The City provides a contract automatic car wash facility and high volume vacuum cleaners are available at City and police facilities. Officers will keep their assigned vehicle stocked with equipment per policy. Hording of supplies is prohibited. (e) Sergeants and below who have an APV that is "out of service" due to mechanical issues will be required to provide their own transportation to and from work. A take home vehicle will not be provided without the approval of the Chief. (f) Sergeants and below who go out of town in excess of five calendar days will return and secure their APV at a police facility. (g) Trading of APV's among members is not permitted. 706.6 MISCELLANEOUS (a) All officers will be physically at the Police Department building at the beginning of their assigned work shift. Shift Sergeants and supervisors may authorize officers to be in other locations or leave directly from an incident scene at the end of their shifts, provided that the officer is within the City Limits at the end of their shift. (b) Officers / employees who are on medical leave, administrative leave, light duty or other extended leave periods as determined by the Chief of Police may be required to leave their APV at the Police Department. Officers who are on light duty may be assigned an unmarked vehicle, subject to the availability of a suitable vehicle at the time of the incident. The decision to provide an unmarked vehicle is at the discretion of the Chief of Police. East Wenatchee Police Department EWPD Policy Manual Vehicle Maintenance 702.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Agency vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 702.2 DEFECTIVE VEHICLES When a agency 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 manufacturers parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off -road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the agency armory prior to the vehicle being released for maintenance, service or repair. 702.3 VEHICLE EQUIPMENT Certain items shall be maintained in all agency 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: • Emergency road flares • Chalk spray • Roll barricade tape • First aid kit • Fingerprint kit • Fire extinguisher copyright i.eaipal, LLc 2019112106. All Right. R m.d. Vehicle Maintenance - 433 Published With permission by East Wenatchee Peace DepaNnenl East Wenatchee Police Department EWPD Policy Manual Vehicle Maintenance • Personal Protective Equipment per the Communicable Diseases and Body Armor policies 702.3.2 UNMARKED VEHICLES An employee driving unmarked agency vehicles shall ensure that the minimum following equipment is present in the vehicle: • Emergency road flares • Chalk spray • Roll barricade tape • First aid kit • Fingerprint kit • Fire extinguisher Personal Protective Equipment per the Communicable Diseases 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-half tank of fuel. Whenever practicable, vehicles should be fully fueled when placed into service and refueled before the level falls below one-half tank. Vehicles shall only be refueled at an authorized location. 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. Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 702.6 NON-COMMISSIONED EMPLOYEE USE Non -Commissioned employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Copyright Laslpol, LLC 201 W1 W6. All Right` Recervee. Vehicle Maintenance - 434 P blishiW with pennledon by Eeet Wenatchee Polka Department East Wenatchee Police Department EWPD Policy Manual Vehicle Use 703.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure agency vehicles are used appropriately. This policy provides guidelines for on- and off -duty use of agency vehicles and shall not be construed to create or imply any contractual obligation by the City of East Wenatchee to provide assigned take-home vehicles. 703.2 POLICY The East Wenatchee Police Department provides vehicles for agency -related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Agency, requirements for tactical deployments and other considerations. 703.3 USE OF VEHICLES 703.3.1 SHIFT ASSIGNED VEHICLES The Assistant Chief or his/her designee shall ensure a copy of the vehicle assignment roster, indicating member assigned vehicle numbers, is posted. If a member exchanges vehicles during his/her shift, they will notify an on -duty supervisor. 703.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify an on -duty supervisor. This subsection does not apply to those who are assigned to transport vehicles to and from maintenance or car wash. 703.3.3 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 agency 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 agency 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. Copynght LMIPol, LLC 2019/12/06, All Rights Reserved. Vehicle Use - 435 Published with ""mission by East Wenatchee Police Depanment East Wenatchee Police Department EWPD Policy Manual Vehicle Use 703.3.4 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, when the outside temperatures are excessively hot or cold). 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. Members shall ensure all weapons are secured while the vehicle is unattended 703.3.5 MOBILE DATA TERMINAL Members assigned to vehicles equipped with a Mobile Data Terminal (MDT) shall log onto the MDT with the required information when going on -duty. If the vehicle is not equipped with a working MDT, the member shall notify RiverCom Communications. Use of the MDT is governed by the Mobile Data Terminal Use Policy. 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 anytime 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 Assistant Chief approval. All data captured by the system shall be retained in accordance with the established records retention schedule. 703.3.7 AUTHORIZED PASSENGERS Members operating agency vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride -Along Policy. 703.3.8 ALCOHOL Members who have consumed alcohol are prohibited from operating any agency vehicle. Members may not violate state law regarding vehicle operation while intoxicated. 703.3.9 PARKING Except when responding to an emergency or when urgent agency -related business requires otherwise, members driving agency vehicles should obey all parking regulations at all times. Copyrlgnl Lexlpd, LLc 2019/12106, Ad Rights RessNsd. Vehicle Use - 436 Published wM pemll sW by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Vehicle Use Agency vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to agency vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 703.3.10 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without permission from the Assistant Chief. 703.3.11 NON-COMMISSIONED MEMBER USE Non -Commissioned members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Non -Commissioned members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES Agency vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on -duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 703.4.1 ON -DUTY USE Vehicle assignments shall be based on the nature of the member's duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other agency members at the discretion of the Chief of Police or the authorized designee. 703.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where agency vehicles must be used by members to commute to and from a work assignment. Members may take home agency vehicles only with prior approval of a supervisor and shall meet the following criteria: (a) The circumstances are unplanned and were created by the needs of the Agency. (b) Other reasonable transportation options are not available. (c) The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the East Wenatchee City limits. (d) Off-street parking will be available at the member's residence. (a) Vehicles will be locked when not attended. (f) All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. cuPydgbl Lempol, LLc 2otsn2roe. All Rights Reserwtd. Vehicle Use - 437 Published with permission by East Wenatchee Police DeperlmeM East Wenatchee Police Department EWPD Policy Manual Vehicle Use 703.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member's residence; the nature of the member's duties, job description and essential functions; and the member's employment or appointment status. Residence in the City of East Wenatchee is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of East Wenatchee may be required to secure the vehicle at a designated location or the Agency at the discretion of the Chief of Police. Agency members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on -duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member's tax adviser. Criteria for use of take-home vehicles include the following: (a) Vehicles shall only be used for work -related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Assistant 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: 1. In circumstances when a member has been placed on call by the Chief of Police or Assistant Chief and there is a high probability that the member will be called back to duty. 2. When the member is performing a work -related function during what normally would be an off -duty period, including vehicle maintenance or traveling to orfrom a work -related activity or function. 3. When the member has received permission from the Chief of Police or Assistant Chief. 4. When the vehicle is being used by the Chief of Police, Assistant Chief or members who are in on -call administrative positions. 5. When the vehicle is being used by on -call Investigators. (d) While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on -duty. (a) The two-way communications radio, MDT and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f) Unattended vehicles are to be locked and secured at all times. copydeht LexiPd, iLc 201e112/06, All nighb aesmved. Vehicle Use - 438 Published with per"Won by EBat Wanetchee Pollee Department East Wenatchee Police Department EWPD Policy Manual Vehicle Use (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, when the outside temperatures are excessively hot or cold). (b) All weapons shall be secured while the vehicle is unattended. (c) All agency identification, portable radios and equipment should be secured. (g) Vehicles are to be parked off-street at the member's residence unless prior arrangements have been made with the Chief of Police or the authorized designee. (h) Vehicles are to be secured at the members residence or the appropriate agency facility, at the discretion of the Agency 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 Agency shall have access to the vehicle. 2. If the member is unable to provide access to the vehicle, it shall be parked at the Agency. (i) The member is responsible for the care and maintenance of the vehicle. 703.4.4 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the East Wenatchee Police Department or while off -duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off -Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist) Officers driving take-home vehicles shall be armed, appropriately attired and carry their agency - issued identification. Officers should also ensure that agency radio communication capabilities are maintained to the extent feasible. 703.4.5 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 Agency. Failure to adhere to these requirements may result indiscipline 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 agency supervisor in charge of vehicle maintenance. (d) The Agency shall be notified of problems with the vehicle and approve any major repairs before they are performed. copyright Letipol. UC 2019112106, All angina Reserved. Vehicle Use - 439 Published with pem,ission by East Wenatchee Police Department East Wenatchee Police Department EWPD Policy Manual Vehicle Use (e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair notice explaining the service or repair. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 703.5 UNMARKED VEHICLES Unmarked vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a supervisor. 703.6 DAMAGE, ABUSE AND MISUSE When any agency vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collisions Reporting Policy). Damage to any agency 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 Assistant Chief. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 703.7 TOLL ROAD USAGE Authorized on -duty emergency vehicles are exempt from incurring toll road charges. An authorized emergency vehicle is an on -duty vehicle of the Agency 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 agency vehicles on a toll road shall adhere to the following: (a) Members operating agency 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 Assistant Chief within five working days explaining the circumstances. 703.8 ATTIRE AND APPEARANCE When operating any agency 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 Agency. Copyright Lewpol. uuc 2otwt2roe, ai Rights Reserved. Vehicle Use - 440 Published with permission by East Wenatchee Police Departmant