Brownwood

GENERAL ORDER 1.00.00.10 Written Directives

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I. PURPOSE II. POLICY

III. PROCEDURE IV. EFFECTIVE DATE

I. PURPOSE:

The purpose of this Order is to establish a standard format and system for the review, development, and dissemination of written directives for the Brownwood Police Department.

II. POLICY:

It is the policy of the Brownwood Police Department that all standing orders, policies and procedures of general application are in writing, dated and signed, then distributed under the appropriate title, in the correct format and prescribed numbering to all affected agency personnel. All written directives shall be in compliance with and in furtherance of all local, state, and federal laws or ordinances as applicable.

III. PROCEDURE:

A. Terminology

1. For the purpose of this General Order, Written Directives are defined as:

a. General Orders (GOs) b. Standard Operating Procedures (SOPs) c. Personnel Orders (POs)

2. Forms:

a. Internal form - a form referenced for use by a GO or SOP that originates from within the department.

b. External form - a form referenced for use by a GO or SOP that originates from an external source such as the City or State of Texas.

B. Written Directives

1. All written directives carry the same authority as Departmental Rules and Regulations. Orders and policies issued at any level of command will not conflict with orders or policies issued by a higher command.

GENERAL ORDER 1.00.00.10 Page 2

2. Written directives are canceled only by a more recent directive or a notice of cancellation from the Chief of Police or Assistant Chief.

3. All gender-based references used in written directives are to be read as referring to both males and females unless specifically defined otherwise. Use of singular terms also includes the plural.

C. Classification and Scope of Policies and Forms

1. GOs will be issued by the Chief of Police to:

a. Establish Departmental policy and procedure;

b. Establish policies and procedures affecting particular Divisions; and

c. Identify specific responsibilities and/or duties of agency personnel and/or workgroups.

2. SOPs will be issued by the Chief of Police to:

a. Establish policy with specific operational procedures pertaining to one or more workgroups within a Division; and

b. Identify specific responsibilities and/or duties of agency personnel and/or workgroups within a Division .

3. POs will be issued by the Chief of Police to:

a. Identify personnel changes within the department; and

b. Inform the department of personnel matters

3. Required Format for GOs and SOPs

a. The correct format will be an indented outline consisting of the following categories:

1) Roman Numerals


III. PROCEDURE IV. THIS ORDER REPLACES V. EFFECTIVE DATE

Roman numeral IV, THIS ORDER REPLACES, will not be used unless the order is replacing another written directive. If this is the case, Roman numeral IV will become EFFECTIVE DATE, and there will not be a Roman numeral V.

2) Categories and subcategories


a) The consecutive enumeration of letters and numbers to define categories and subcategories beyond Roman numerals are :

A. 1. a. b.

1) 2) a)

b) (1) (2) (a)

(b)

4. Forms

a. External Forms

1) The Division using an external form is responsible for using the correct form as verified by the external source.

2) Deletion of the form or revision to the title of an external form will require revision of the policy to amend the reference.

5. Numerical Assignment of Policies and Assigned Policy Forms:

a. Command Staff will be responsible for maintaining the numerical assignment of all GO/SOP policies as approved by the Chief of Police.

b. The numerical assignment of a policy is determined by the type of policy (GO or SOP), the categorical number assigned to the Division , the sub-category of the chapter within the Division if applicable, and the last two digits representing the year the policy became effective.

1) When a policy affects multiple workgroups, the category and sub-category will be determined by the area of greatest applicability.

2) Categorical number assignment:

a) 1.00 Series - Administration b) 2.00 Series - Operations c) 3.00 Series - Services d) 4.00 Series - Specialty

c. The designated number of an assigned policy form indicates the originating policy number minus the effective date which is replaced by the consecutive number of the form within the policy.

D. Availability of Policies and Forms to Personnel

1. Policies and Related Indices

a. BPD - Duty Manual


b. Divisions may choose to maintain a Duty Manual with all GOs and applicable SOPs in their area .

c. A master copy of all current GOs and SOPs will be maintained by the Assistant Chief.

2. Forms

a. Assigned policy forms will be electronically posted in the BPD Shared Forms Folder.

Note: Authorized policy forms not currently available in the BPD Shared Forms Folder will be made available by the Records Division at the request of a supervisor.

b. A master copy of all current policy forms will be maintained by the Records Division.

E. Review of Policies, Policy Attachments and Forms

1. Divis ion Commanders will be responsible for the periodic review of all GOs and SOPs within the Department as directed by the Chief of Pol ice.

2. Each policy will be reviewed to ensure:

a. the established procedures used by personnel follow the same procedures as prescribed by the policy;

b. the policy statement and procedures listed therein:

1) are in compliance with all local , state and federal laws , ordinances or policies as applicable;

2) are in compliance with the TPCA Best Practices Recognition Program where applicable;

3) do not conflict (procedurally, philosophically, etc .) with the procedures of another Division/Squad affected by the pol icy; or any other wr itten directive.

c. the title and identifying number of all policies, laws , and forms referenced in the policy are correct.

3. In addition to the periodic review of all policies, individual policies and the ir associated forms shall be reviewed if a change or event occurs that may negate policy compliance as indicated above in III. E. 2-3. Such events include but are not limited to changes in:

a. Technology b. Organizational Structure c. Laws and Ordinances (local , state and/or federal) d. City Policy e. Departmental Philosophy


4. The Chief of Police shall certify that all policies are in compliance with and in furtherance of all local , state , and federal laws or ordinances as applicable.

5. The Assistant Chief will maintain a master copy of the periodic review of all policies and the compliance statement from the Chief of Police by calendar year and month for five (5) years.

IV.

~~~/(f ?:~------.'r--

Chief of Police Brownwood Police Department

BROWNWOOD POLICE DEPARTMENT

Receipt of General Orders

I hereby acknowledge that I have received and accepted and will abide by the provisions contained in the General Order, Written Directives #1.00.00.10, for the Brownwood Police Department.

I also under that the City of Brownwood Police Department is free to modify or amend its policies and practices at any time without prior notice.

I HAVE READ AND UNDERSTAND THE RULES ABOVE, AND AGREE TO ABIDE BY THEM.

Printed Name Date

Signature

GENERAL OR DER 1. 00. 02.1 0 Oc c u r rences Requiring No tificati on o f

Comma nd St af f and Othe r Pe r s onnel

I. II. III. IV.

PURPOSE POLICY PROCEDURE EFFECTIVE DATE

I. PURPOSE:

The purpose of this Order is to identify those occurrences requiring immediate notification of the Conunand Staff and other personnel.

II. POLICY:

It is the policy of the Brownwood Police Department that notification will be made to certain members of the Conunand Staff and other personnel , hereafter referred to in this Order as the "Incident Notification Group" in instances outlined in this Order. Occurrences listed in this Orde r are not inclusive and decisions to make notification of other occurrences should be weighed against the scope of this General Order, Standard Operating Procedures, and the magnitude of the occurrence.

III. PROCEDURE:

A. Definitions

1 . Incident Notification Group: Chief, Assistant Chief, Lieutenants,

B. Occurrences Requiring Notification of the Incident Notification Group

1. Verified occurrences are defined as follows:

a. Situations representing an inunediate threat to the conununity (e.g. , immediate threat of tornado, conditions likel y to result in a riot , hazardous materi al spill),

b. Suspects barricaded in a house or building who resi st police or other law enforcement agencies, within the City of Brownwood,

GENERAL ORDER 1.00 . 02.10 Page 2

c. Death of a pnsoner while In custody of the Brownwood Police Department,

d. Death of any member of this Department,

e. Death of an appointed or elected City official of Brownwood,

f. The following examples are not all inclusive and occurrences not listed may also require notification.

1) Murder or attempted murder of any kind

2) Death of civilian(s) where Police Department personnel or equiprnent are contributing factors

3) Suicides

4) Arrest ofa political leader or Police Officer for a criminal offense

5) Shooting of any person; involving police

6) Sexual Assaul ts

7) Police fleet accidents

8) On the job injuries, or any illnesses or injuries to personnel requiring hospitalization

10) Incidents that may affect the health , safety, or commerce of large portions of the city, such as: major power or utility outage; business, residential or school evacuation; or highway closure for an extended period of time

11) Any incident likely to receive major news coverage within the community.

2. It will be the duty of all employees of the Brownwood Police Department to notify their immediate on-duty Supervisor, by whatever means necessary, when such occurrences as set out above come to their attention.

3. It will be the responsibility of the highest ranking Patrol Operations Division Officer available at the time of the verified occurrence to notify, or cause to be notified the Incident Notification Group.

4. It will be the responsibility of police officers who are assigned to the incident to notify, or cause to be notified, other needed personnel.

C. Responsibility of Person Making Notification


1. When a Shift Commander (SC) or Communications Officer (CO) or other employee is making notifications to comply with Section III.BA. of this Order, the notification will be made without delay.

a. The SC or CO will attempt to make voice contact by telephone.

1) During business hours, telephone contact will first be initiated at the individual's office.

2) After business hours, or if no contact is made at the individual's office, the telephone call will be attempted at the individual's rnobile number.

3) If there is no response at the individual's mobile number, leave a phone message then attempt the individual's residence phone number.

4) In the event no direct voice contact is made, an electronic message will be sent to the notification group's mobile number and, time permitting, to the notification group 's city email account.

b. Contact with an answering machine or third party does not constitute direct voice contact.

c. The SC or CO will maintain sufficient information about the incident to respond to basic questions.

2. The person requested to make notifications will record the name, date, time, and numbers called to make the requested notifications, as well as the time of the final notification.

IV. EFFECTIVE DATE: P;1M

Mike S. Corley Chief of Police City of Brownwood

GENERAL ORDER 1.00.03.10 Departmental Inspections

c. o ICE


III. PROCEDURE N. EFFECTfVE DATE

I. PURPOSE:

The purpose of this Order is to establish basic guidelines for Departmentallnspections. Inspections are not intended to interfere with, or replace a supervisor's role in line supervision. Inspections are to provide a vehicle for formal review of Departmental actions, policies, procedures and training. Conditions, situations, and actions that contribute to the success or failure of the Police Department are exposed by inspections of personnel, equipment, procedures, and training.

11. POLICY:

It is the policy of the Brownwood Police Department to conduct Special , General, or StaffInspections on those actions or incidents deemed critical by the Chief of Police or as specified in this Order. Such inspections are to ensure the procedures and training conducted by this Department are adequate and current.

111. PROCEDURE:

A. Right of Inspection

I . The right of inspection is exercised through the Inspections Program.

2. It is not the intent of the inspection process to be an internal affairs process.

a. Facts discovered during an inspection that warrant the attention of an internal affairs investigation will not become a part of the inspection, and

b. will be referred to the Chief of Police for assignment.

3. During the course of any inspection activity, questions concerning the propriety of inspecting a particular record or file will be referred to the Assistant Chief.

4. In the event a shift commander disagrees with the Assistant Chief concerning the inspection offiles and/or records, he must address the discrepancy in writing to the Chief of Police stating why the files should not be inspected. The Chiefs ruling will be final.

GENERAL ORDER 1.00.03 .10 Page 2

5. Findings and observations resulting from inspections shall be factual, objective, and impartial.

B. Responsibility/Authority of Staff Inspections

I. The ChiefofPolice or his designee will determine who will perform Staff Inspections on a case by case basis.

2. No direct command authority over departmental employees is vested in the designated inspector.

3. Inspectors will not issue orders or directives, except under circumstances where failure to do so may jeopardize the Department's accomplishment of its mission.

C. General Staff Inspections Procedures

I. General Staff Inspections are initiated by the Chief of Police.

a. No-Notice Inspections : The Chief of Police may designate a General Staff Inspection to be conducted without prior notice. The Chief may also approve a No-Notice Inspection if requested by the Assistant Chief.

2. General Staff Inspections Definition and Purpose

a. General Staff Inspections are formal inspections conducted under the authority of the Chief of Police.

b. General Staff Inspections are inspections whereby detailed observations and analysis are made of a departmental division, platoon, or squad, and their practices and procedures.

c. General Staff Inspections are designed to inform the Chief about performance and effectiveness and to formulate needed recommendations for improvement.

d. Areas to be inspected wi II receive not Jess than one (1) week prior notice of a General StaffInspection unless overruled by a No-Notice Order.

D. Special Inspection Procedures

I. Special Inspections may be initiated on any area of concern, upon approval of the Chief of Police .

a. The Chief of Police may order a Special Inspection at any time.

b. Supervisors and/or the Assistant Chief, through written request via the chain of command, may request a Special Inspection.

2. Special Inspection Definition and Purpose


a. Special Inspections are of lesser magnitude than General Staff Inspections and will be directed to specific areas or problems.

b. Special Inspections are designed to determine the facts ofa particular situation, the handling ofa specific situation, or the performance of an individual. Special Inspections require no prior notice.

E. Follow-up Inspections Purpose

I . Follow-up or Spot Inspections are to be conducted to evaluate corrective measures after a General Inspection or Special Inspection.

F. Internal Incident Inspection Procedures

I. The designated Inspector, will conduct an investigation into the circumstances surrounding events. Examples include, but are not limited to, the following :

a. on-the-job injuries or exposure to occupational related diseases,

b. use of force or

c. vehicle pursuits,

2. Each inspection will examine all relevant departmental written directives and training to determine if changes are necessary.

3 . A written summarization of the specific incident wi II be documented by the Inspecting Officer.

4. Inspection summarization reports will be forwarded to the Chiefalong with findings and recommendations.

5. After final review of the completed Inspection, the file will be forwarded to the Assistant Chief for retention.

G. Distribution of Inspection Reports

I. Inspection reports will be filed and maintained by the Chief of Police or his designee.

2. The Chief of Police may designate as confidential any portion or all of an inspection report.

3 . Inspection reports will be distributed as follows :

a. Chief of Police

b. Assistant Chief

c. Supervisors of inspected unit when deemed appropriate by the Chief

d. Lnternal Lncident Inspection Reports will be forwarded via the chain ofcommand to the affected supervisor when necessary for recommendation of disposition and/or corrective action.


4. With the exception of commendatory notations, the contents of inspection reports are to be kept strictly within the confidence of:

a. the Chief of Police,

c. Assistant Chief, and

d. Supervisors of the inspected entity.

N . EFFECTNE DATE:

/2!~I~ ~---i Chief of Pol ice Brownwood Police Department

GENERAL ORDER 1.00.04.11 Internal Discipline



I. PURPOSE:

The purpose of this Order is to provide guidance in maintaining integrity consistent with the high level of public trust extended to the Brownwood Police Department.

II. POLICY

It is the policy of this Department to properly train and educate all employees as to the laws , rules, regulations and procedures by which they are governed . All alleged incidents of misconduct will be investigated and recorded in a fair and impartial manner. This serves to protect the Department and the public against acts of misconduct by all personnel and affords protection to all employees against invalid charges. The Chief of Police is ultimately responsible for the dissemination of rules and procedures governing the conduct of police employees.

III. PROCEDURE:

A. Definitions:

1. Complaint - allegation of an act or acts , which if proven true, would be a violation of Departmental regulations or City of Brownwood policy , procedure, rule , or a violation of any applicable civil or cr iminal statute or law.

2. Complaint Number - number assigned by Command Staff to the investigating officer .

3. Internal Complaint - alleged violation by a current employee of the Department against another employee of the Department.

4. Special Report - a report generated by department personnel in response to inquiries or complaints. Required anytime an external complaint is received and to initiate internal complaints.


5. External Complaint - complaint made by an individual not currently employed by BPD against an employee of BPD.

6. Administrative Inquiry - an investigation, ordered at the discretion of the Chief of Police.

7. Disciplinary Action - the issuance of a written reprimand, suspension , demotion , or dismissal for a sustained violation of departmental or civil service rules . For the purpose of records retention within Records Division , formal disc ipline is action at or above the level of a written reprimand . Actions below a written reprimand are ma intained by the employees' supervisor .

8. Performance Concern - An area of the employee's performance that can be addressed through supervisory documentation and does not rise to the level that necessitates a complaint.

9. Corrective Action

a. Supervisory Counseling - written documentation of a supervisor's verbal corrective action and consultation with an employee in response to a violation of policy, performance, or expectation . An oral reprimand falls with in Supervisory Counseling .

b. Professional Counseling - treatment by a licensed professional counselor, therapist , or other professional. Professional counseling will not be considered discipline.

10. Culpable Mental State - The level of intent or lack of intent to commit a violation of a departmental rule . (Attachment B)

11. Final Classifications - Every complaint investigation must be concluded with one of the following dispositions:

a. Unfounded: indicates the allegation was false or not factual.

b. Exonerated: indicates the incident occurred but was lawful and proper.

c. Not Sustained: indicates there was insufficient evidence to prove or disprove the allegation.

d. Sustained: indicates the allegation was supported by sufficient evidence to justify a reasonable conclusion that a violation did occur.

e. Suspension of Disposition - the Chief may suspend an investigation or final disposition for an indefinite period when deemed appropriate.

B. Time Limits

1. Initial notification to the cha in of command of complaints against employees will take place within 48 hours of receiving the complaint.


2. Complaints will not be accepted beyond forty-five (45) calendar days from date of the discovery of the alleged incident except in the following :

a. When the allegation involves a criminal violat ion, the criminal statute of limitations will prevail. However, such limitations will not prevent disciplinary action deemed necessary to preserve the integrity of the Department.

b. When the complainant can show good cause for not making the complaint within the specified time limit and provides a written statement if originating externally.

c. Consideration will be given to Civil Service Rule 143.052 relating to Disciplinary Suspension which also defines a statute of limitations as one-hundred and eighty (180) days .

d. At the direction of the Chief of Police, based on the findings of a preliminary investigation .

3. All investigations must be completed within thirty (30) calendar days from the initiation of the Special Report. The Chief of Police may grant extensions if necessary. Each extension will not exceed thirty (30) days. The complainant and any employee who is the focus of the investigation will be notified in writing of the extension .

4. The period of time from the conclusion of the investigation to the notification of the employee of any disciplinary action will not exceed ten (10) days unless so authorized by the Chief of Police .

5. The period of time from the conclusion of the investigation to the notification of the person who filed the com plaint will not exceed ten (10) days.

C. Administrat ive Inqu iry

1. Administrative Inquiries may be initiated by the Chief of Police when information exists that indicates misconduct or negligence may have been exhibited, but either the specific misconduct or the employee(s) responsible have not or cannot be identified.

2. Upon completion of the Inquiry, Command Staff will prepare a report for the Chief of Police . Based on this report , the Chief will either return the Inquiry to Command Staff marked, "NO FURTHER ACTION", or return it for follow-up.

D. Special Report Origination

1. Internally Originated Special Report

a. The supervisor who first becomes aware of an alleged or suspected violation by an employee of the Department will complete a Special Report and all associated paperwork documenting the details of the alleged violation. If after a preliminary investigation , the initiating


supervisor believes the investigation into the allegation can be completed in a reasonable time that supervisor will complete the investigation. If during the investigation the supervisor determines that a more in depth investigation must be completed that supervisor will forward all original associated paperwork to the Assistant Chief through their chain of command . The Assistant Chief will review the Special Report to confirm disposition or further the Spec ial Report to Command Staff for further investigation.

b. As the Special Report is reviewed through the chain of command , class ification recommendations should be made. Disagreements regarding final disposition and disciplinary action among the chain of command will be supported by accompanying memorandum. The Chief will have the final decision on the matter.

c. Minor performance concerns will be documented on a Special Report and placed in the employees performance file.

d. If the supervisor believes supervisory counsel ing is appropriate, this will be documented on a Special Report . The supervisory counseling will be in written form with the narrative attached to the Special Report and signed by both the supervisor and employee. The orig inal Special Report will remain in the employee's performance file and a copy of the Special Report will be forwarded to Records Division for retention .

e. If the subject of a complaint is recorded on video or audio a copy of the recording will be requested by the initiating supervisor and that copy sent to Command Staff for filing. A copy of the request will be forwarded with the original paperwork.

f. All internal complaints must be concluded with the final disposition of Unfounded, Exonerated, Not Sustained , Sustained or Suspension of Disposition.

g. Internal complaints may originate from any employee.

2. Externally Originated Special Report

a. Every employee of the Brownwood Police Department is expected to give full cooperation to persons wishing to make a complaint against an employee. These complaints will be addressed professionally and in a timely manner. This Department will not tolerate any action by employees that interfere with the ability of anyone to file a complaint.

b. Cit izens wishing to make a complaint against any member of the Department will be referred to the employee's immediate supervisor. In the absence of the supervisor, the citizen will be referred to any available supervisor. Citizens may also file a complaint directly with Command Staff.

c. All external complaints will be documented on a Special Report.


d. Upon receiving a complaint , the supervisor will do the following:

1) Interview the complainant, in person or by telephone, to obtain all pertinent information.

2) If the person making the complaint is intoxicated or otherwise impaired, the supervisor will take the initial information and complete a Special Report.

3) Advise the complainant for a formal complaint to be taken the complaint must be made in writing . If no such written document is obtained, a Special Report will still be initiated.

4) The reporting supervisor may recommend a determination of mental culpability .

5) If after a preliminary investigation, the initiating supervisor believes the investigation into the allegation can be completed in a reasonable time that supervisor will complete the investigation. If during the investigation the supervisor determines that a more in-depth investigation must be completed that supervisor will forward all original associated paperwork to the Assistant Chief through their chain of command. The Assistant Chief will review the Special Report to confirm disposition or further the Special Report to Command Staff for further investigation.

6) As the Special Report is reviewed through the chain of command, classification recommendations should be made . Disagreements regarding final disposition and disciplinary action among the chain of command will be supported by accompanying memorandum. The Chief will have the final decision on the matter.

7) If the supervisor believes supervisory counseling is appropriate, this will be documented on a Special Report . The supervisory counseling will be in written form with the narrative attached to the Special Report and signed by both the supervisor and employee. The original Special Report will remain in the employee's performance file and a copy of the Special Report will be forwarded to Records Division for retention.

8) If the subject of a complaint is recorded on video or audio a copy of the recording will be requested by the initiating supervisor and that copy sent to Command Staff for filing . A copy of the request will be forwarded with the original paperwork.


9) All external complaints must be concluded with the final disposition of Unfounded, Exonerated, Not Sustained, Sustained or Suspension of Disposition.

E. Special Reports Classified as Complaints

1. The Assistant Chief will examine the content of the Special Report to determine if it meets the requirements of a complaint.

2. The Ass istant Chief will make one of the following determinations:

a. Confirm the Special Report meets the requirements of a complaint and further the Report and attachments to Command Staff for investigation. A copy of the Special Report will be forwarded to the Chief of Police.

b. Concur with the completed investigation and forward the Report and attachments to Command Staff for filing .

c. Return the Special Report to be handled by a supervisor as a performance concern .

3. If no written statement from the complainant accompanies the Special Report, but it appears that further investigation is warranted , it will be forwarded to Command Staff personnel for investigation. Should this investigation reveal an infraction, the investigator or the Chief of Police may initiate a complaint.

4. Command Staff will have the following responsibilities :

a. Assign Complaint Numbers and maintain a log for record .

b. Conduct a thorough and objective investigation.

c. Notify the effected employee(s) in writing as soon as appropriate.

d. Conduct interviews as required.

e. Classify the employee's violation(s) using the most appropriate category listed on the Corrective & Disciplinary Action Matrix. (Attachment A)

f. Recommend the culpable mental state.

g. Based on the results of the investigation, make a recommendation to class ify the compla int as: Unfounded , Exonerated, Not Sustained, Sustained, or Suspension of Disposition.

h. Document the investigation in a Special Investigation Summary memo.

I. Compile a summary of corrective act ion on similar prev ious incidents, for comparison purposes .


J. Compile the employee's discipline history.

k. Forward the completed investigation to the Chief of Police .

I. Notify the complainant. Other affected employees will be notified via the Chief's Memo of Final Determination which is distributed to the employee's chain of command .

5. Investigation of Criminal Activity

a. All incidents of alleged criminal conduct on the part of an employee will be investigated by the Criminal Investigations Division or an outside law enforcement agency.

b. The employee will be afforded all constitutional rights and legal guarantees normally provided to any citizen .

c. The Criminal Investigations Division or an outside law enforcement agency will determine if criminal charges are to be filed.

d. The Command Staff will conduct a separate investigation into rule violations .

6. Employees will have the following rights and responsibilit ies during a noncriminal investigation:

a. Employee Rights :

1) Employees shall be presumed innocent of all allegations until sufficient evidence exists to prove the allegation occurred.

2) Employees shall be treated fairly and respectfully. No employee shall be intentionally embarrassed, demeaned, or otherwise abused , under any circumstances.

3) Employees should be interviewed during their normal duty hours and interviews should be held to reasonable lengths. If this is not possible, the employee will be given as much advanced notice as possible. Special considerations should be made if an employee has already worked a duty shift immediately prior to the interview.

4) Employees have the right to read or hear the charge and to know the accuser's identity (if known) prior to being interviewed.

5) Employees may assume, unless advised otherwise, the investigation of allegations is an administrative, not criminal, investigation. When an employee is questioned in reference to


this type of investigation, the rules under Garrity automatically apply, regardless of whether the employee has received a formal written Garrity statement.

6) Employees have the right to audio record all proceedings in which they are present and/or obtain written transcripts of those proceedings from the Department if and when they are made. The employee will advise the investigator if they are recording the interview. Recordings will be subject to any active Order of Confidentiality.

7) As a matter of practice, employees will not be interviewed by more than two people at one time . However, based on the magnitude of the investigation, it may be necessary to involve more than two investigators in an interview.

8) Polygraph examinations will only be conducted in compliance with Texas Government Code 614.063.

9) No order shall be construed as to prohibit communications between an employees spouse, legal counselor any other communications recognized by law as privileged.

10) The enumeration of these certain rights shall not be construed to deny others retained by law.

b. Employee responsibilities:

1) Each employee is obligated to report violations committed by other employees to a supervisor. Violations include disobedience to laws , directives, policies, procedures, and orders.

2) When ordered by a supervisor, an employee involved in an investigation shall submit a written statement concerning all facts pertaining to the allegation .

3) If an employee refuses to answer questions, is untruthful, or withholds information, the employee may be subject to disciplinary action up to and including termination.

F. Determination of Discipline and/or Corrective Action

1. Command Staff will meet with the employee's supervisors to determine the appropriate discipline and/or corrective action if warranted . Discipline and corrective action will be based upon the culpable mental state, employee's discipline history, a comparison of similar incidents by other employee's and the Discipline Action Matrix.


2. If a consensus is not reached, each supervisor will prepare a separate memo recommending a discipline and/or corrective action . These memos will be forwarded to the Chief of Police for determination of discipline and/or corrective action .

3. Supervisory Counseling or a Written Reprimand may be admin istered by any supervisor to any subordinate.

4. Any corrective action or discipline involving professional counseling or suspension will require the approval of the Chief of Police.

5. The employee will be notified upon determination of discipline or corrective action .

G. Appeals

1. After receiving written notification of suspension , demotion, or dismissal, any appeal to the Civil Service Board shall be in writing to the Civil Service Director and submitted within 10 days after the date the person receives the notification.

2. After receiving notification of a Written Reprimand , any appeal to the Chief of Police shall be made within 5 work ing days.

a. The appeal will be submitted in writing via a memorandum through the chain of command and must include a detailed explanation as to the reason for appeal.

b. Acceptance of the appeal will be at the discretion of the Chief.

3. There is no Civil Service appeal process for an employee who receives supervisory counseling , a wr itten reprimand, an order for additional training or professional counseling .

a. A written rebuttal to these actions may be submitted by the receiving employee. This rebuttal must be submitted within 5 working days of receiving written notice.

H. Record Retention

1. All Special Reports and Complaints will be maintained in a secure manner by Records Division.

2. Special Reports will be maintained in such a way to differentiate from an employee compla int.

3. All discipline/complaint records will be maintained in accordance with state law minimums. All discipline/complaint records and all references to those records and recordings maintained in summary sheets and personnel files will be destroyed when they reach the appropriate minimum retention dates. The Chief, at his discretion, may retain discipline/complaint records beyond state law minimums. The employee will be notified when this is done and when the record is later destroyed.


I. Confidentiality

1. Any supervisor or investigator may issue an Order of Confidentiality. The intent of this order is to ensure and preserve the integrity and confidentiality of administrative matters under investigation.

2. When a Final Disposition Classification has been determined, all Orders of Confidentiality will automatically expire, unless directed by the Chief.

3. All investigations are classified as "CONFIDENTIAL", and no portion of the investigation is reproduced without permission of the Chief of Police.

4. Investigative reports will not be released to unauthorized persons. If an outside agency investigates the complaint , the employee's Special Report/Complaint will only be released in accordance with applicable state or federal laws .

5. The Department must respond to any court subpoena for records. If the court then orders the Department to produce the records, the order will be honored.

IV. EFFECTIVE DATE :

Mike S. Corley Chief of Police Brownwood Police Depa rt

ATIACHMENTS Allachment A - Corrective & Disciplinary Action Matrix Allachment B - Culpable Mental States - Definit ions

FORMS ORIGINATING FROM THIS POLICY : Special Report Order of Confidentiality Garrity Statement

CULPABLE MENTAL STATES

Prior to deciding on an appropriate corrective disciplinary option , the following culpable mental state of the employee will be cons idered at the time of the violation.

1. Inexperience - An employee is unaware of, or fails to perceive a risk or violation due to newness on the job or special assignment (This includes newness in positions such as 100 Detective, Crime Prevention Officer, etc.) .

2. Negligence - An employee is unaware of, or should have been aware of, or fails to perceive a risk through lack of due care or caution.

3. Reckless - An employee perceives a risk or should have perceived a risk, but disregards that risk in an effort to carry out a police mission.

4. Intentional- An employee is aware of a violation and the employee's objective is to commit that violation.

5. Mal icious - An employee is aware of a violation and the employee's intent is to cause harm to another person or to any organization. (Misleading an investigation is considered harmful to the organization) .

Corrective & Disciplinary Action Matrix Attachment A Corrective Corrective

Integrity Action Professionalism Action

A ,B! CiD jE A iB iC iD iE Truthfulness (including not providing the corrplete truth)

i I 'X i I I

: 1

Attendance

i Gratuity violation Insubordination IXX

! Crirrinal Activity , MiB or above including MiC theft or assau lt

I i ! XiX X i

Perform required duty : Substandard Perform required duty : Dereliction

Minor traffic Conduct bringing xix! 1 I violations disrepute to the

Departrrent

! I XiX !

,I ' I ! ~ I : :

XiX xix X i I

XX

XXXX r

X X x!x X

I

Protection of Public or Private

Property

Lost: Negligence

Lost: Reckless

Darrage : Negligence

Darrage: Reckless

Corrective Protection of

Action People

A !B .C iD E

X!X :X iX XSexual harassrrent xjx: I I :xix:xi I, ;1

xlx . : ' ;

xx.x

Corrective Corrective Action Individual Liberty Action

A B iC DiE A : B : CD~ E j ,

Civil right, racial XiX X xix profiling , i discrirrination I

I ! I

x'x1xPursuit violation Confident iality X ~X X:X.X

Use of force: Unnecessary

Use of force: Excess ive

XXX

,X,X

:x' X:X X Prisoner Care ! ! i

Tarrpering with X Uniform equiprrent, xl evidence I grooming, and

I i

appearance I All other policy

Corruption ; ,

~I I '' Xi violations not included in the XXXXX i rratrix

Respectful of citizens and co-workers

IX:X ;

:,I :

I . i i

Corrective & Disciplinary Action: A . Training/re-education through supervisor y counseling B. Written Reprirrand C. Suspension 1-4 days off D. Suspension: 5-9 days off E Suspens ion: 10-15 days of f or demotion, terrrination

("X" indicates corrective actions that can be taken") *Exempt employees refer to Civil Service Rules* **Re-education/training can be rrandated in addition to any category**

2nd and subsequent sirrilar violations can be enhanced to the next highest category in a 24 month period CUlpable mental state should be determined before corrective and/or disciplinary action is chosen

--- - - - -

Brownwood Police Department

Garrity Warning Internal Investigation

I. As a condition of your employment with the Brownwood Police Department, you are bein g ordered to answer questions as part of an official investigation of the Brownwood Police Department.

2. The information or evidence you provide cannot be used against you in any criminal proceeding. However, your sta tement may be used against you if a subsequent administrati ve action is commenced.

3. If you refuse to answer our questions, you may be subject to disciplinary action up to and including termination.

Do you understand? Yes No

Investigating Officer Signature

Employee Signature

Printed Name

Date

- ---------

MEMO

DATE:

TO:

SUBJECT: Order Relative to the Confidentiality of an Investigation

Effective upon receipt of this memorandum, you are hereby ordered not to discuss the subject matter of the investigation described below with any person , nor shall you disclose the substance of anything discussed during any interview in the course of the investigation, including the names or identification of any witnesses or persons interviewed or to be interviewed in connection with the investigation , except to a supervisor or commanding officer. You are further ordered to provide a written report to the investigator named below any request made by anyone to discuss this investigation within twenty-four (24) hours after such request has been made. The investigation in progress is relative to :

You are further advised that any violation of this memorandum order may subject you to disciplinary action for insubordination under the Rules and Regulations of the Police Department, including termination.

Name and Signature of Investigator

Rank:

Brownwood Police Department

Received this day of _

Employee 10#

SPECIAL REPORT

Complaint o Internal o External Complainant

Address Street City State Zip Code

Contact Information Home: ----- -

Cell: -----

Work: ------

E-Mail : ----

Supervisor taking information or initiating action:

Supervisor Name: ID# Date:

Employee Name: ID#

Employee Name: ID#

Employee Name: ID#

Summary:

Alleged Violation:

D I nvestigation COrTI pleted or D Additional Investigation needed

Final Disposition:

D Unfounded Employee DateD Exonerated

D Not Sustained D Sustained Initiating Supervisor Date D Suspension of Disposition

Chief of Police Date

GENERAL ORDER 1.00.05.10 Use of Force

C Il Y ~ BRO V WOOD Po ICE DEPA TME iT



I. PURPOSE:

The purpose of this Order is to establish policy regarding the use of force.

II. POLICY:

A. Under no circumstances will the level of force utilized be greater than necessary to accomplish a lawful conclusion to a police incident.

B. It is the policy of the Brownwood Police Department that the use of force will be categorized as:

1. deadly force, and

2. non-deadly force.

C. Deadly force will only be utilized when the officer reasonably believes that hislher life is in imminent and/or immediate danger ofdeath or serious bodily injury or a third person is in inuninent and/or immediate danger of death or serious bodily injury.

D. Non-deadly force may be utilized:

1. When necessary to preserve the peace, prevent the commission of an offense, or prevent suicide or self-inflicted injury;

2. When making lawful arrests and searches, overcoming resistance to lawful arrests or searches, and preventing escapes from custody;


3. When in self-defense, or defense of another against unlawful violence to his person or property; or

4. When preventing or interrupting an intrusion on or interference with the lawful possession of property.

E. Medical aid will be summoned for persons with obvious signs of injury, or reporting an injury after use offorce has been applied. Medical aid will not be denied to a person who requests it.

III. PROCEDURE:

A. Definitions

1. Lawful Force - An assertive act committed by a police officer in the performance ofduty when necessary to accomplish any of the objectives listed in Section II D of this Order.

2. Non-Deadly Force - A quality and quantity offorce that in the circumstances then present is neither likely nor intended to cause serious bodily injury or death.

3. Deadly Force - That level offorce capable ofor intended to inflict serious bodily injury or death which includes the vascular neck restraint.

4. Necessary Force - The minimum amount and degree oflawful force sufficient to achieve a legitimate police objective as described in Section II D of this Order.

5. Normal Circumstances - Circumstances in which the officer has not been deprived of his ability to employ approved methods or weapons.

6. Reasonable Grounds - That set of facts or circumstances based on reliable, trustworthy information or personal knowledge or observation by an officer which reasonably shows and would warrant an ordinary, prudent man to believe that a crime has been committed and/or that a particular person has committed or is about to commit some offense against the law.

7. Physical Strength or Self Defense Techniques - Holding, restraining (except a neck restraint), throwing, pushing, pulling, etc., without use of any weapon or device, but including special skills such as karate, judo, etc., by an officer alone or together with other officers.

8. Approved Weapon - A weapon and ammunition used by an officer which has been approved by the Chief of Police.

9. Excited Delirium - a drug induced psychosis where subjects often exhibit behaviors such as hallucinations, sensitivity to light, acute paranoia, unusual


strength, high body temperature, destructive acts (often involving glass), self inflicted injury and partial or full nudity.

10. Less-lethal Munitions - an electronic or impact immobilization device, flexible or nonflexible, which is intended to incapacitate a subject with minimal potential for causing death or serious bodily injury when compared to conventional projectiles or firearms.

B. Methods/Instruments Utilized to Apply Force

1. Under normal circumstances, only the methods or instruments listed below may be utilized to apply force.

a. Professional Presence/Verbal Commands

b. Physical strength and self defense techniques

c. Approved electronic control device

d. Approved chemical agents

e. Approved baton

f. Approved less lethal devices

g. Approved firearms

2. Under normal circumstances knives and flashlights will not be utilized as weapons.

C. Non-Deadly Force

1. Non-deadly force may be utilized in situations where the officer must take physical action as indicated in Section II D of this Order, and the force utilized shall be the least amount of force necessary to achieve compliance.

2. Anytime an officer believes a subject has exhibited the behaviors of Excited Delirium, medical assistance will be summoned to the scene once it is safe to do so.

3. Non-Deadly Force Techniques include:

a. Professional presence and verbal skills.

b. Physical skills including pressure point control tactics, and defensive tactics. This does not include the use of the vascular neck restraint.


c. Electronic Control Device

I) An officer may use an Electronic Control Device when certified in the use and when physical force is required either to protect oneself or a third person from assault or to subdue a subject engaged in unlawful activities or aggressive resistance.

2) Only sworn personnel will carry departmentally issued electronic control devices.

a) Carrying of the device is optional.

b) All sworn personnel who choose to carry the device must be certified.

3) When in uniform, sworn personnel trained in the use of Electronic Control Devices are required to carry it in an approved holder on the equipment belt.

4) Except when confronted with an immediate physical threat, officers shall give a verbal warning and provide an opportunity for suspects to comply prior to deployment of the device.

5) The Electronic Control Device will only be used to accomplish lawful law enforcement objectives within the guidelines of this policy. Electronic Control Devices shall not be:

a) intentionally deployed to the groin, neck or face

b) used when indications of excited delirium are present

c) used on anyone located where a fall may cause substantial injury or death (except under exigent circumstances)

d) used to subdue or otherwise control a handcuffed person unless that person is actively resisting or exhibiting active aggression or at risk of harming themselves or anyone else

e) used if the resistance is minor and not hazardous to officers or a third party

f) used on pregnant women, elderly persons, young children, or visibly frail individuals (except under exigent circumstances)


g) used on anyone in physical control of a moving vehicle, including cars, trucks, motorcycles, A TV s, bicycles, and scooters, (except under exigent circumstances)

h) used in any area known to contain combustible or flammable liquids or substances

i) used in close quarter incidents where there is a chance of a third party being harmed by the device

j) used on fleeing subjects who pose no threat of harm to anyone or themselves

k) used as punishment against any person.

6) Medical attention shall be summoned if any indications of inj ury are present.

7) Every effort should be taken to ensure the Electronic Control Device is deployed to parts ofthe body recommended as industry standard targets. These target locations include:

a) back side from shoulders down

b) front side from collarbone to thighs offset left or right

c) flanks from arm pit down

8) Officers shall receive department regularly scheduled training on the use, control, legal aspects, excited delirium, and orders relating to electronic control devices. Sergeants are responsible to review training periodically to ensure compliance

d. Use of departmentally approved chemical agents.

1) An officer may use neutralizing agents when certified in the use and when physical force is required, either to protect oneself or a third party from assault or to subdue a subject engaged in unlawful activities or aggressive resistance.

2) Neutralizing agents should not be used if the resistance is minor and not hazardous to the officer or a third party.

3) Neutralizing agents shall not be used in civil protests or demonstrations, except when authorized by a supervisor.


4) Officers may deploy and use neutralizing agents to protect themselves or any person against an attack by any animal. The use of neutralizing agents on animals will be documented in an infonnation report.

5) Sworn persormel will only carry departmentally issued neutralizing agents.

a) Carrying of the product is optional.

b) All sworn persormel who choose to carry the product must be certified.

6) When in unifonn, sworn persormel trained in and issued neutralizing agents are required to carry it in an approved holder on the equipment belt.

7) While in plain clothes, the neutralizing agents may be voluntarily carried in a concealed marmer by plain-clothed officers.

8) Canisters of neutralizing agents will not be left in City vehicles, nor exposed to extreme temperatures that could cause the canister to rupture.

9) Nonnal transport procedures will apply to those persons exposed to a neutralizing agent. First Aid will be administered upon arrival at the Law Enforcement Center.

10) Any canister will be replaced if depleted and/or it reaches a level of 50%. Regardless of use, canisters will be replaced upon expirations and/or according to manufacturer' s guidelines.

e. Use of departmentally approved police baton

1) No officer shall carry or use a police baton unless certified in the use of such Baton, and is allowed to carry only departmentally approved batons.

2) Under nonnal circumstances the baton will in no way take the place of a fireann in a deadly force situation.

3) The baton may be utilized to subdue a violently resisting subject or in self defense or defense of a third person.


4) Officers will not intentionally strike the head, neck, throat, spine, kidneys, or the groin region. Officers should limit impact with the baton to areas of the arms, legs and torso.

5) The baton shall not be utilized as a club or bludgeon.

6) Strikes delivered with a baton shall be delivered only to the appropriate target areas of the body that may render the subject temporarily incapacitated but are not intended to cause serious bodily injury.

7) When in uniform, officers issued an expandable baton are required to carry it in the baton case on their uniform belt.

f. Use of less-lethal munitions

I) Less-lethal munitions may only be utilized by officers who have received specific training on the use and deployment of that m uni tion/weapon.

2) Less-lethal munitions may only be utilized:

a) to stop aggressive resistance which could result in serious bodily injury to any person, or

b) to prevent an imminent attempt of suicide when the person has the ability, means, and opportunity to carry out the act.

3) Less-lethal munitions are not to be utilized as a substitute weapon in any deadly force situation as described by this General Order.

4) Officers may utilize specialty impact weapons and/or munitions to protect themselves or any person against an attack by any animal. The use of specialty impact weapons and/or munitions will be documented in the narrative of a report.

4. Subjects who physically resist officers resulting in the application of any or a combination of non-deadly force techniques listed in III. B. 1. (b - f) of this Order, will be placed in an upright position or on their side as soon as practical after control of the subject is obtained by the officer(s).

D. Deadly Force

1. Deadly force is only allowed and lawful, when there is an imminent and/or immediate threat of death or serious bodily injury to any person.


2. The use of any instrument or method in a manner intended to and/or capable of causing death or serious injury is deadly force.

3. The discharging of a fireann, with the exception of specialty impact weapons, in the direction ofa person which is intended to cause death or serious bodily inj ury in order to prevent the same from occurring to the officer or another is deadly force.

a. Fireanns shall not be deployed or brandished as a threat unless its actual use in the situation would be proper.

b. Fireanns may be readied for use in situations where it is anticipated that they may actually be required.

c. Police officers will not fire warning shots when detennining deadly force will be applied.

d. If an officer decides to surrender a fireann and become a hostage, the Department will not give special consideration to the officer in efforts to resolve the hostage situation.

e. No officer is permitted to carry or utilize any fireann unless approved and properly trained on its use except in unusual, extraordinary circumstances.

f. No officer shall in any material way modify or alter an approved fireann without proper authorization.

g. All incidents of discharged firearms will be documented by report and provided to the chain of command for supervisory review.

E. Documentation of Non-Deadly Use of Force

1. Officers using a neutralizing agent, less lethal weapons or munitions, or the baton when a subject is struck, non-deadly force will document such deployment and the circumstances.

a. The Use of Force Report will be forwarded via the chain of command to the Chief of Police for supervisory review.

b. The Inspecting Officer will investigate the incident to ensure proper procedures were used and to identify any training or equipment needs or deficiencies. The Inspection Report will be forwarded to the Chief of Police.

2. It is not the responsibility of the Inspecting Officer to identify policy or rule


violations. Ifhowever, the Inspecting Officer discovers a policy or rule violation in the course of the Inspection, the immediate supervisor of the subject officer will be notified.

a. It is the responsibility of the subject officer's immediate supervisor to identify and appropriately address any policy or rule violation with the officer whether discovered by the immediate supervisor or received through notification of the Inspecting Officer.

b. Any supervisor can recommend an Internal Incident Inspection when extenuating circumstances exist.

F. Deadly Force and Reporting the Discharge of Firearms

1. Any time an officer discharges a firearm which has been approved and qualified for duty use accidentally or intentionally, for purposes other than lawful practice, training, qualification, or authorized competition, he/she will report the incident immediately by contacting his/her supervisor.

2. If an officer puts down an injured/dying animal the officer shall notify his supervisor and provide written documentation for the Command Staff.

3. Ifan officer employs a firearm against an animal in self-defense or the defense of a third party he/she will report the incident immediately by contacting his/her supervisor, and file both an incident report and a use of force report. The duty supervisor will conduct an initial investigation of the shooting and determine if further investigation into the incident is required. The supervisor will prepare a written report of his findings for Command Staff.

4. In cases where the discharge ofa firearm involves the use ofdeadly force against a person, the supervisor notified of the incident will immediately contact or cause to be contacted:

a. The Chief of Police or his designee

b. The Assistant Chief

c. An Investigative Team will be formed and activated by Command Staff.

1) Personnel will be appointed to the team based on experience and training as the event dictates.

2) The Chief may appoint additional personnel to assist in the investigation.

3) The Investigative Team will conduct an administrative


investigation of the incident and will report to the ChiefofPolice or his designee.

4) The primary purpose of the investigation will be to determine if the shooting incident was within Departmental guidelines as it pertains to:

a) applicable statutes, and

b) Department policy.

d. Criminal Investigations Division (CID) if the incident occurred on duty in BPD jurisdiction.

1) All criminal charges involving any person involved in the shooting incident, police or civilian, will be the responsibility of CID or,

2) If deemed appropriate by the Chief of Police, an outside agency may be asked to conduct the criminal investigation.

5. Guidelines for Processing Physical Evidence, Participants, and Witnesses during Investigation of Shootings

a. Officers involved in deadly force incidents will be placed on administrative leave with pay and relieved of their normal duties.

b. The Investigative Team will have unrestricted access to the incident scene, and should coordinate such access with the CID Supervisor in charge at the scene.

c. The following guidelines will be adhered to regarding physical evidence, participants and witnesses.

1) All physical evidence should be collected by CID in the presence of the Investigative Team if able:

a) Pictures and diagrams depicting the location of all physical evidence and persons involved in the incident.

b) All weapons involved in the incident.

(I) If the weapon collected is the only duty weapon of the officer involved, the Department may provide a weapon until the investigation is completed.

(2) The person collecting the weapon will be


responsible for seeing that another designated duty weapon is provided; by contacting command staff personnel.

c) All clothing worn by persons killed or wounded during the incident will be collected by the investigative team.

d) All other pertinent evidence.

2) As soon as possible, sworn statements from all participants and witnesses recounting the events they can attest to should be obtained.

6. Upon completion of the preliminary investigation, a sununary report will be made directly to the Chief of Police or his designee.

7. Follow-Up Investigation

a. Detectives should ensure all physical evidence is properly submitted to the crime lab for appropriate tests and obtain copies of subsequent test results.

b. When applicable, detectives should obtain copies of all medical reports pertaining to the incident victims.

8. Upon completion of the investigation, the Investigative Team will forward a complete report to the ChiefofPolice. This report will include any factors which may have contributed to the incident along with any recommendations which may affect future incidents, training or equipment.

G. The Assistant Chiefwill order an annual report on use of force which will be submitted to the ChiefofPolice. In addition to a statistical analysis, the report will annotate trends, identify opportunities for improvement and make recommendations concerning needed modifications to policy, equipment or training.

H. Use of Force Training

1. Each year all Officers will receive training in the use of deadly force and the Department's General Orders regarding Use of Force and Fireanns. This training will be conducted by the first line supervisors in 'roll-call' blocks of instruction using a training outline prepared by the Training Coordinator.

2. Biennially every sworn Officer shall be required to attend training by certified instructors or instructors utilizing instructional materials for that weapon on all less than lethal weapons carried. Officers shall also demonstrate proficiency with all less than lethal weapons carried or assigned.


3. The Training Coordinator will document that the training was received in each Officer's file, along with the course of instruction provided.

IV. EFFECTIVE DATE: JANUARY 24, 2011 REVISED DATE: JUNE 26, 2012

ATTACHMENT Department Use of Force Report

--

BROWNWOOD POLICE DEPARTMENT Use of Force Supplement

Use of Force: Date: Time: Primary Officer Using Force: Location : Subject Name: Address:

Day of Week: Shift: District: # Time on Dept: Type Premises:

Race: Sex: DOB:--

Hgt: Subject Injured: D No DYes:

Arr/Off.#: Years Mos.

Age: Wgt:

Transported to: DAmb. D Refused Treatment Officer Injury: D No DYes: Transported to: DAmb. D Refused Treatment Reason for Use of Force:

D To Effect Arrest D To Defend Another Officer D To Prevent Offense D To Defend Self D To Defend Another Person D Restrain for Subject Safety D Other:

Subject's Actions: D Nonverbal cues indicating physical resistance Number of Suspects Resisting: D Verbal threats, non-compliance with officer direction D Dead weight, clinging to objects, preventing custody Appeared or Known Under the Influence D Pulling, pushing, running away, to avoid control, not harming officer D Alcohol D Assault, grabbing, pushing, kicking, striking officer or another D Drugs D Assault with intent and ability to cause death or SBI D Mental issues D Assault or threats with deadly weapon D Other: D Other:

Officer Actions: (Check all that apply, if more than one type of force used, number in order of use.) D Verbal Direction D Less Lethal Munitions (Bean bag, stinger, rubber) D Soft Weaponless Control (Muscling, joint locks, pressure points) D Pointed Taser (Laser) D Hard Weaponless Control (Hard strikes, leg strikes, shoulder pin) D Discharged Taser Doc Spray D Pointed Firearm D Asp/Baton D Discharged Firearm D Non-Lethal (Pepperball) D Other:

Physical Control: D Not Used D Pressure Points D Takedown D Hobble D Muscling (grip, push , pull) D Joint Lock D Handcuffing D Other:

Effective: DYes D No: oc Spray: OC Spray: D Not Used D Attempted D Used Distance: - ft. Duration: 1: 2: 3: Effective: DYes D No: ASP I Baton: ASP / Baton: D Not Used D Used Number of Strikes: Location: Effective: DYes D No: Non Lethal I Less Lethal Munitions: Non/Less lethal Munitions: D Not Used Location of Hits:

DUsed (insert number of rounds fired I hits)

Bean Bag: __ Stinger: __ Rubber: __ Pepperball:

Effective: DYes D No: I

TASER: D Not Used D Pointed Taser Only (Laser) D Discharged Taser D Drive Stun

Distance Fired : ___ ft. Cycles Discharged: ____ Probes Penetrate Skin DYes D No Taser Number: Cartridge Numbers: Placed in Evidence: DYes D No Effective: DYes D No:

Firearm: o Not Used D Pointed Firearm Only 0 Discharged Firearm

Weapon : D Sidearm D Shotgun D Patrol Rifle D Backup / Off Duty Distance Fired : ft. Rounds Discharged : Number Hits on Target: Weapon Serial Number: D Effective: DYes D No:

Environmental Conditions: D Hot (Litt le or thin clothing) D Daylight D Warm D Dawn / Dusk D Cool D Darkness D Cold (Heavy clothing) D Other:

Officer Summary:

Type of force ultimately successful in Control of Subject:

Officer comments on regarding force effectiveness:

Reporting Officer:

Situational Conditions : D Multiple Suspects D Indoors D Hostile Environment D Outdoors D Threats to Officer(s) D In Vehicle D Confined Space D Other:

Indicate location of force used on diagram

~ . -I. / -" '\

(( I . / '( J \ I \ . \~ Wi \ I UJ')

\/'\?~[ / M G,;p\II 0 Spray

GENERAL ORDER 1.00.06.10 Part-Time Employment

Crrv F BROW WOOD Po ICE 0 PA TME


III. PROCEDURE IV. THIS ORDER REPLACES V. EFFECTIVE DATE

I. PURPOSE:

The purpose of this Order is to establish guidelines for all personnel for employment outside the Brownwood Police Department.

II. POLICY:

It is the policy of the Brownwood Police Department that employees shall conduct themselves at all times in a manner that reflects favorably on the Department. Working at an outside job is a privilege and permission to do so shall be granted only to those employees who meet or exceed performance standards and receive satisfactory employee evaluations.

III. PROCEDURE:

A. Responsibilities

1. Employees requesting approval to engage in part-time employment must adhere to all Departmental rules, regulations, and other written directives.

2. Any actions taken by the employee engaging in part-time employment subjects them to the same potential civil liability as if the actions were taken while in an on-duty status.

3. An employee is required to be available to perform the functions of their employment, both mentally and physically, as required by the Civil Service Rules of the City of Brownwood.

4. Any employee work ing outside employment must realize that any injury, while working in that capacity, may not qualify for benefits under worker's compensation .

a. Employees should make themselves aware of what coverage their part-time employer provides for on-the-job injury or illness.

GENERAL ORDER 1.00 .06.10 Page 2

b. An exception to Section A.,4 . may be granted if a sworn officer is working outside employment and the need arises to take off icial authorized measures to enforce the statutes of the State Penal Code , Federal Laws, Texas Transportation Code and City Ordinances, and the employee becomes injured or ill as a result. 1) Worker's compensation may apply under these conditions.

2) These exceptions apply only to sworn personnel.

5. Reserve Police Officers are prohibited from working part-time employment in the capacity of a police officer.

B. Definitions:

1. Employment - The provision of labor or a service in exchange for a fee, gift, other service or compensation in the form of anything of value.

2. Part-time Employment - Employment from a source other than the City of Brownwood.

a. Hourly Employment - Part-time work paid at an hourly rate based on actual number of hours worked.

b. Salaried Employment - Part-time work paid at a set rate for a defined work period, regardless of the actual hours worked.

1) Salaried employment usually includes administrative positions held to schedule or coordinate several employees for a single employer.

2) Apartment security is included as salaried employment when a percentage or all of the apartment rent is waived if the employee is living on-sight performing security duties in lieu of receiving a cash payment.

3) It also includes those activities engaged in any other employment position in a business where the employee is employed as a result of his position and/or authority with the City of Brownwood .

3. Terms defined in Fair Labor Standards Act also apply to this General Order.

C. Cond itions for Part-Time Employment

1. Any employee receiving anything of value (other than currency) in exchange for working part-time employment must receive prior approval of the Chief of Police .

2. Salaried executive services, salaried services and employment in which rent or a portion of rent is provided as a form of payment will be reported .

3. Employees of the Department who are employed in a part -time capacity must report the ir hours through the chain of command .


4. Work hours for all part-time employment must be scheduled in a manner that does not conflict with an employee's performance of duty. Special consideration will not be given to scheduling of the employee's duty hours .

5. If employees are absent from Department duties because of sick leave or injury, they shall not work any part-time job until the completion of their next regular tour-of-duty.

6. Part-time jobs outside the Brownwood City limits requiring the performance of peace officer functions or security officer duties are prohibited unless written approval is granted by the Chief of Police.

7. An employee designated as a probationary employee is prohibited from being employed outside the Department. This does not apply to probationary periods as a result of a civil service promotion.

8. No employee shall be employed by or financially interested in any billiard or gaming parlor.

9. No employee shall be employed inside a premise or any place of business where a source of revenue is the sale of intoxicating beverages for on premise consumption.

a. This prohibition includes hotels and restaurants.

b. Officers may stand in a hotel or restaurant lobby, but not enter the area where liquor is served , except to handle a police matter, i.e., disturbance.

c. Officers may work security outside of the area where intoxicating beverages are being served or consumed .

10. Unless otherwise authorized by the written consent of the Chief of Police, all employees are prohibited from being employed by a private security agency or a private detective agency.

11. An employee currently on suspension from the Department is prohibited from working at a position requiring authority as a peace officer or duties of a security nature.

12. Employees on light-duty status or injury leave are not authorized to work any part-time employment assignments.

13. Any of these conditions may be waived by the Chief of Police at his discretion upon written request.

D. Authorization for Part-Time Employment

1. Requests for long-term (duration of two calendar weeks or longer) part-time employment will be submitted to the requesting employee's immediate supervisor on the Outside Employment Approval Form, prior to beginning long-term employment.


2. It is the supervisor's responsibility to monitor their employees' performance and detect any significant impairment that may be due to part-time employment, and take appropriate action which may include ordering the employee to reduce or terminate their part-time employment.

3. Requests for outside employment will be sent via chain of command to the Chief of Police. Records Division shall retain a copy of the signed form including attachments in the officer's personnel file .

4. Authorization for part-time employment automatically expires on December 31st of each year. Requests for continuation of all part-time jobs must be submitted and reviewed prior to that date .

5. If the status of part-time employment (such as termination, assigned duties) changes, the employee will , within one week, notify the facts via their chain of command .

6. Departmental personnel will obtain permission from their supervisor prior to beginning a part-time job lasting less than two calendar weeks but are not required to submit an Outside Employment Approval Form .

a. If there is not sufficient time to request this permission, the employee shall submit a memo to the supervisor during the next scheduled tour of duty detailing the employment.

b. This type of part time employment shall not involve law enforcement or security type work . Any such work must be pre-approved by the Chief of Police

E. Assignment of Part-time Employment through the City

1. Requests made to the Department by the public for part-time employees shall be forwarded to the Patrol Division Lieutenants.

2. The Lieutenants will post job notifications on the Patrol bulletin board . Each job notification will include: the occasion , date and time of the event; the contact person(s) name and phone number(s) ; rate per hour; and a signature line for each job position.

3. Employees authorized to perform the job will sign-up for a position on the job notification posted on the bulletin board. The Lieutenant's are the only people authorized to remove the posting from the bulletin board .

4. Employees who have verified a job and are unable to work are responsible for re-contacting the Patrol Lieutenant who posted the job and advising them of this circumstance. Employees should attempt to find there own replacement.

F. Use of Police Vehicles for Part-Time Jobs

1. When it is in the best interest of the Department and under special circumstances, officers may use police vehicles to work part-time jobs.


2. A request for vehicle use on a part time job must be submitted for approval to the Assistant Chief of Police. Upon approval or denial, this request will be returned to the requesting officer.

3. The Patrol Division Lieutenant will forward a bill to the part-time employer for the charges incurred in the use of police vehicle(s).

G. DeniallWithdrawal of Authorization for Part-Time Employment

1. Approval of part-time employment may be withdrawn or denied for any of the following :

a. Personnel fail to maintain a satisfactory level of performance with the Department;

b. Requirements of the part-time employment exist or change, so as, in the opinion of the Department, it is not in the best interests of the City , Department, or it's employees to continue the part-time employment; or

c. The part-time employment is not in the best interest of the City, the Department, or the employee.

H. Part-Time Employment Salary Scale

1. The part-time employment minimum salaries for police or security-related duties will be determined by the Chief of Police. Notification of the Part-Time Employment Salary will be made by memorandum.

IV. EFFECTIVE DATE: --f-...........-+--.L-f--

Mike S. Corley Chief of Police Brownwood Police Depa

ATTACHMENTS

Outside Employment Form

CITY OF BROWNWOOD EMPLOYEE'S OUTSIDE EMPLOYMENT

"Request for Approval"

_ _ _ _ _ _ _ _ _ _ _ ___ _ _ , an employee of the City of Brownwood, request

approval of my engaging in "outside employment", which will be in addition to my current job with the City as in the Department.

r understand the policy as stated in Section 17 of the Personnel Rules and Regulations : this outs ide employment shall not conflict or interfere with the performance of duties with my current job with the City; and rmust have prior written approval from my Department Head; and the written approval may be revoked by the Department Head at any time.

The job r am considering for "outside employment" is as follows: Employer:

My job title will be: _ Duties to be performed: _

My work hours will be: to _

Signed, _ (Employee)

Print Name:

Date :

Departmental Use only Below this Line

Request received by Department Head on _

This request has been : Approved [ ] Disapproved []

Signed , ---,---- -----,- _ (Department Head)

Date: _

Revised General Order

General Order # 1-00-07-11, Body Armor Policy, has been revised . Below is a list of the changes made. Please remove the original general order from your binder and replace it with this one. Also note that the body armor waiver form has been removed from use while the body armor acknowledgement form has been added.

Changes:

lILA. Issuance of Body Armor o 4. The officer is no longer responsible for "ordering" replacement vests but we did

add that the officer is responsible for "notifying his/her chain of command" o 5. Deleted turning in body armor on the occasion that the "officer no longer desires

to utilize City issued body armor" o 7. Deleted "the opportunity to obtain" and " rejection of such opportunity" as well as

"Upon acceptance of City issued body armor. These deletions were made to remove the voluntary use of body armor.

o 8. Added this section to account for a doctor's waiver and medical reason not to use body armor.

o 9. Makes wearing body armor optional for undercover or plainclothes work o 10. Makes wearing body armor optional with approval of Chief of Police under

certain weather conditions

III.B . use of Body Armor o 3. Added command staff and office assignments not being required to wear body

armor.

GENERAL ORDER 1.00.07.11 Body Armor Policy

I. PURPOSE II . POLICY


I. PURPOSE:

The purpose of this Order is to outline a procedure for the proper issuance, use, care, inspection and disposal of City-issued body armor.

II . POLICY:

It is the policy of this law enforcement agency 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.

It is the policy of the Brownwood Police Department to maximize officer safety by providing body armor for every sworn officer within the department.

III. PROCEDURE:

A. Issuance of Body Armor

1. All body armor issued by the Police Department will be of Threat Level II or III A. Each officer may choose the threat level with which he/she feels comfortable.

2. Records Division will be responsible for issuing body armor, and will maintain a record of the dates of delivery, expiration, issuance and return of each piece of body armor.

3. After the requesting officer has assured proper fit, Records Division will clearly assign a number and expiration date to the front and back of all pieces of the body armor.

4. The officer will be responsible for notifying his/her chain of command of the need for replacement body armor at least three months before the expiration date.

5. Body armor issued by the Department remains the property of the Brownwood Police Department and will be returned to Records Division upon resignation, dismissal, or expiration date.


6. Body armor will be replaced every five (5) years from the date of receipt by the Department, or as recommended by the manufacturer.

a. Body armor damaged in the line of duty shall be replaced by the Department regardless of age.

b. If the City-issued body armor becomes damaged or unserviceable before the recommended replacement period, the officer will submit a written request to their immediate supervisor, detailing the need and reason for replacement.

c. Each requesting officer will initially be issued two (2) outer-shell carriers with the body armor. Upon supervisory inspection, these outer-shell carriers may be replaced by the Department on an "as needed" basis.

d. Body armor or outer-shell carriers that must be replaced due to misuse, abuse, or neglect shall be paid for by the officer.

7. Every officer shall sign the Body Armor Acknowledgement form, acknowledging that they have been provided body armor and shall indicate acceptance. The officer's signature will serve as an understanding of the usage policy as outlined in this Order.

8. Records Division will advise the Assistant Chief if any officer provides a physicians' excuse or statement documenting a medical need or reason the officer shall not wear their Body armor. This shall be handled on a case to case basis and the requirement to wear body armor may be waived after reviewing the physicians statements. The Chief of Police will have the final decision.

9. Wearing of armor is optional when the officer is involved in undercover or plain clothes work that his/her supervisor determines could be compromised by wearing body armor.

10. Wearing of armor is optional when the Chief of Police determines that climate-related situations or other circumstances make it inappropriate.

B. Use of Body Armor

1. Every officer who is working in a first responder capacity, shall be required to wear their issued body armor. This includes uniformed part-time employment.

2. Non-uniformed officers will not be required to wear their body armor while performing station assignments, but must have it accessible at their daily duty assignment.

3. Uniformed officers assigned to the command staff or office assignments will not be required to wear their body armor but must have it accessible at their daily duty assignment.

4. Use of a trauma plate is at the officer's discretion.


C. Inspection of Body Armor

1. Supervisors shall be responsible for ensuring that City-issued body armor is worn by those officers to whom it has been issued by a periodic documented inspection of their employees.

2. Supervisors shall conduct an annual inspection in January of City-issued body armor, for proper fit, cleanliness, signs of damage and/or abuse, expiration and replacement date.

3. Supervisors will determine which body armor will require replacement during the next fiscal year based on the manufacturer's recommendation.

D. Care and Maintenance

1. Officers are responsible for the proper storage of body armor in accordance with the manufacturer's instructions and daily inspection for signs of damage and general cleanliness.

2. Officers are responsible for reporting any damage or wear to their immediate supervisor.

E. Re-Issue of Body Armor

1. Upon officer request, unexpired body armor may be reissued to officers awaiting delivery of new body armor.

F. Disposal of Body Armor

1. Expired body armor will be returned to Records Division unless instructed otherwise by the Chief of Police.

IV. EFFECTIVE DATE: REVISED DATE: _--=0_""_1.._1-,~,----___

Mike S. Corley Chief of Police Brownwood Police Department

Attachments Body Armor Acknowledgement form

BODY ARMOR ACKNOWLEDGEMENT FORM

I ________________, received one bullet resistant vest on ______

I understand this body armor remains the property of the City of Brownwood Police Department, and upon my severance with the Department I am responsible for returning this property to the Brownwood Police Department Records Office.

Signature

Witness

CITY

GENERAL ORDER 1.00.08.

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