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HomeMy WebLinkAboutO-2675-11-07ORDINANCE NO. 2675-11-07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE PERSONNEL POLICY FOR THE CITY OF ALLEN POLICE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHdTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen previously adopted Ordinance No. 2265-2-04 approving and adopting a personnel policy for the City of Allen Police Department that contained General Orders for the Police Department; and, WHEREAS, the Allen Police Department Personnel Policy establishes policies and procedures for the Allen Police Department which insures professionalism and appropriate training; and, WHEREAS, the City Council of the City of Allen desires to amend the General Orders contained within the Allen Police Department Personnel Policy as provided in Exhibit "A." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Ordinance No. 2265-2-04 adopting the General Orders contained within the Personnel Policy - for the City of Allen Police Department is hereby amended, as provided in Exhibit "A," to include the rank of Deputy Chief and other amendments necessary to meet the needs of the police department. ' SECTION 2. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This Ordinance shall take effect immediately from and after its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 27TH DAY OF NOVEMBER, 2007. APPRO D: Ste-phefi Terrell, MAYOR APPROVED AS TTO� FORM: ATTEST: Peter G. Smith, C TTORNEY SheOey B. Geurge, 1C, CITY S Y EXHIBIT "A" Item # 5 Attachment Number 1 Page 1 of 20 ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: DISCIPLINE/COMELAINTS AGAINST POLICE PERSONNEL NUMBER: 300 EFFECTIVEDATE: 11-27-07 REVIEW DATE: 11-2009 AMENDS/SUPERSEDES: G.O. 300 issued 08-10-06 APPROVED: Chief of Police CALEA STANDARDS: 26.1,52.1-52.3 NOTE: This General Order is for internal use only and does not enhance an officer's civil or criminal liability in any way. It should not be construed as the creation of higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can only form the basis of a complaint by this Department and only in a non -judicial, administrative setting. INDEX WORDS: ' Appeals and Grievance Behavioral Cause Investigations Burden of Proof Classifications Complaint (Defined) Criminal Misconduct Discipline Emergency Relief from Duty Internal Affairs Division 1 I. PURPOSE Personnel Incident Fonn Internal Affairs Internal Investigations Lineups (Employee Photographs) Lockers (Search Of) Laboratory Examinations Medical Examinations Suspensions Time Limits This General Order establishes procedures for the filing, investigating, and dispositions of internally and externally originated complaints against employees of the Allen Police Department. These complaints include all alleged or suspected violations of the Code of Conduct, Department General Orders, the City of Allen personnel Rules and Regulations, the Charter or Ordinances of the City of Allen, or the laws of the State of Texas or the United States. Ordinance No. 267511-07, Page 2 EXHIBIT "A" item N5 Attachment Number 1 Page 2 of 20 General Order 300 — Discipline/Complaints Against Police Personnel 301 ' II. POLICY The image of the department depends on the personal integrity and discipline of all Departmental employees. To a large degree, the public image of this department is determined by the professional response of the Department to allegations of misconduct against it or its employees. The Department must competently and professionally investigate all allegations of misfeasance, malfeasance, nonfeasance by employees and complaints bearing on the Department's response to community needs. III. PROCEDURES A. The Department encourages citizens to bring forward legitimate grievances regarding misconduct by employees. Department members shall receive complaints courteously and shall handle them efficiently. All officers are obligated to explain the complaint procedures to inquiring citizens. B. The Department recognizes that its personnel are often subject to intense pressures in the discharge of their duties. The employee most remain neutral under circumstances that are likely to generate tension, excitement, and emotion. In such situations, actions, and events frequently result in misunderstanding and confusion. It is to the advantage of all employees to have a procedure for the investigation of the more serious allegations and underlying circumstances so that complaints can be resolved ' in light of the complicated pressures of police work. C. A copy of"How to File a Complaint" will be posted in the public area of the Police Department, provided to media representatives, and may be given to any citizen requesting information on how to make a complaint against the Department or an employee of the Department. IV. DEFINITIONS A. Discipline- A method of training or developing any employee by proper supervision and instruction. Discipline may be positive (awards) or negative (punishment). B. Disciplinary Action - Punitive measures taken against an employee as the result of a complaint(s) of one or more violations which have been sustained by administrative investigation. These measures include written reprimand, suspension, demotion or termination. C. Discipline (Positive) - Positive discipline is oriented towards seeking voluntary compliance with established policies, procedures, orders. Methods of positive discipline include: t1. Recognition of excellent job performance through rewards or awards. Ordinance No. 267511-07, Page 3 EXHIBIT "A" Item #5 Attachment Npmber I Page 3 of 20 " General Order 300 - Discipline/Complaints Against Police Personnel 302 ' a. When positive feedback concerning an employee's performance is received from people outside the Department, the person who receives the information shall make a record of the comments which will be passed to the employee and the employee's supervisor. Normally, when the Chief receives positive comments about an employee, he will write an acknowledgment thanking the citizen. Copies of the citizen's statement and the Chief's response are sent to the officer involved, the supervisor and, if a significant action, a copy of all correspondence is placed in the employee's personnel file. b. Truly exceptional acts should be clearly and promptly identified to the Chief of Police. Such acts may be the basis for special awards or for special recognition by citizencommunity groups or media coverage. - 2. Discussion and Counseling 3. Training D. Complaint Defined - Any allegation of conduct by an employee which is: 1. Unconstitutional; ' 2. Unlawful; or 3. In violation of Departmental policy or City of Allen personnel rules E. Misconduct - shall be defined as any noncompliance with any rule or procedure in this General Orders Manual, other Departmental or City orders, administrative regulations or the City of Allen Personnel Policies and Procedures Manual that may result in disciplinary action. F. Non -Disciplinary Action - Oral or written counseling given to employee to bring attention to notedjob performance deficiencies or chronic regulation infractions in an effort to induce voluntary compliance. G. Personnel Incident Fomr (APD -28) - A Form used by the supervisor who initially receives information, to report details of alleged employee misconduct or to report favorable actions of an employee. H. Preliminary Investigation - To determine if the allegation is valid by a person(s)with personal knowledge. Ordinance No. 267511-07, Page 4 EXHIBIT "A" Item #5 Attachment Npmber 1 Page 4 of 20 General Order 300 - Discipline/Complaints Against Police Personnel 303 1. Level I Complaints 1. Crime - Complaint of involvement in criminal wnduct, such as bribery, theft, pedury, etc. 2. Excessive Force - Complaint that the use or threatened use of force against a person was unreasonable or unjustified. 3. Arrest/Detention - Complaint that the restraint of a person's liberty was improper or unjustified. - 4. Entry - Complaint that entry into a building or other property was improper and/or that excessive damage was caused to the property to gain entry. 5. Search - Complaint that the search of a person or property was illegal, improper or unjustified. 6. Harassment or Discrimination - Complaint that taking, failing to take, or the method of police action was predicated upon factors that were irrelevant, such as race, attire, sex, age, etc. ' 7. Serious Rule Infractions - Complaint such as disrespect toward a supervisor, intoxication on duty, sleeping on duty, neglect of duty, false statements, malingering, reckless or dangerous driving. V. Level fl Complaints 1. Demeanor - Complaint that an employee's manner, gestures, language or other actions were offensive or inappropriate or gave the appearance of a conflict of interest or misuse of influence. 2. Minor Rule Infraction - Complaint such as tardiness, faulty driving or failure to comply with established Department or City policies and procedures. Personnel complaints shall be conducted in accordance with Section 614.022, Government Code, as interpreted by the City Attorney's office. A. Persons wishing to make formal complaints must do so by submitting a written statement of the complaint, accompanied by their signature. A notarized affidavit is preferred, but not required. Ordinance No. 2675-11-07, Page 5 EXHIBIT "A" nems Attachment Number 1 Page 5 of 20 General Order 300 — Discipline/Complaints Against Police Personnel 304 ' B. A signed letter of complaint may be sufficient after verification that it is not fictitious or signed with a fictitious time. This determination shall be made by the Chief of Police or his designee. C. An internally originated complaint may be made by any Department supervisor or other employee, by submitting a written statement with signature or by notarized affidavit. D. Internal Affairs Division personnel may serve as the complainant of an externally originated complaint that cannot or will not be made by the original complainant as outlined in paragraph A of this Section. This, however, will only be done upon the showing of substantial evidence that a significant violation has occurred. VI. TIME LIMIT ON ACCEPTING COMPLAINTS Personnel complaints shall not be accepted more than thirty (30) days after the alleged incident except for the following exceptions: A. When the complaint involves a criminal violation, the criminal statute of limitations will prevail. However, such limitations shall not prevent the Chief of Police from taking 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, the complaint may be accepted. This determination shall be made by the Chief of Police. C. When otherwise authorized by the Chief of Police. VII. ANONYMOUS COMPLAINTS Anonymous complaints shall be investigated by the Internal Affairs Division, only at the specific direction ofthe Chief of Police. If a preliminary investigation identifies a violation, the formal complaint shall be signed by a member of the Internal Affairs Division. VIII. INVESTIGATION RESPONSIBILITY A. All Level I complaints may be formally investigated by Internal Affairs personnel unless otherwise authorized by the Chief of Police. B. Level II complaints shall be initiated by generating a Personnel Incident Form (APD - 28) or memoranda and will be conducted at shift, unit or division level with prior approval from the respective Deputy Chief or his designee and with appropriate staff ' supervision from the Internal Affairs Division. Ordinance No. 267511-07, Page 6 EXHIBIT "A" Item Attachment Npmber 1 General Order 300- Discipline/Complaints Against Police Personnel 305 Page 6 of 20 ' C. Level B complaints can be investigated at the shift, unit or division level with approval from the respective Deputy Chief and the Internal Affairs Division Commander, these investigations will be referred to as Division Level Investigations. D. Level B complaints may be forwarded to the Internal Affairs Division for investigation, at the request of the respective Deputy Chief, with the approval of the Chief of Police. DI. AUTHORITY AND RESPONSIBILITY A. All Employees 1. Non -supervisory personnel shall utilize their chain of command to report - infractions. Non -supervisory personnel may report infractions directly to the haemal Affairs Division, if the infraction involves a person in their immediate chain of command or the infraction is of a Level I classification. 2. Any employee who gains knowledge of a reported infraction shall immediately submit a memorandum outlining the details of the reported infraction to his supervisor as soon as practical. B. Supervisors 1. Supervisory and command personnel shall initiate an APD Personnel Incident Form (APD -28) or memoranda detailing the nature of the infraction immediately upon becoming aware of a violation by any member of the Department. 2. Supervisory personnel shall fully investigate any violations designated as Level 11 infractions at shift, unit or division level. 3. Violations designated as Level I infractions shall be forwarded directly to the Internal Affairs Division in a detailed Personnel Incident Form or memoranda through their chain of command. 4. Any employee who initially becomes aware of another employee's involvement in a Level I incident shall inform the on -duty supervisor. If the violation is of a serious nature, the on -duty supervisor shall notify the respective Deputy Chief and the Internal Affairs Division Commander through the chain of command. The Deputy Chief shall notify the Chief of Police directly. The Chief of Police or his designee will then determine whether to relieve the accused employee from duty. Ordinance No. 267511-07, Page 7 EXHIBIT "A" ltemk5 Attachment Number 1 General Order 300— Discipline7Complaints Against Police Personnel 306 Page 7 of 20 C. Internal Affairs Division - 1. The Allen Police Department's Internal Affairs Division is comprised of employee(s) selected by the Chief of Police. While the employee(s) may have other duty assignments, the Internal Affairs function shall take priority. 2. Internal Affairs shall conduct an investigation, upon approval from the Chief of Police, at the request of any employee of the Department, who feels justifiably threatened by a false accusation or contrived situation involving false evidence. An employee, who is the victim of sexual harassment as defined in the City of Allen Personnel Policies and Procedures Manual, is authorized to report that accusation directly to the Internal Affairs Division. 3. The Internal Affairs Division will be responsible for investigating Level I complaints and may investigate Level II complaints as authorized by the Chief of Police. 4. Internal Affairs personnel shall exercise staff supervision over all complaints and Division Level Investigations as outlined in Section VIII of this General Order. ' D. Traffic Citations/Arrests Supervisors who initially become aware of complaints from citizens regarding a dispute over points of law regarding their guilt or innocence in the issuance of a traffic citation or subsequent to an arrest shall be documented as prescribed by the Chief of Police. However, if a citizen can furnish sufficient evidence that a violation of law or Departmental policy has occurred, the complaint, at the discretion of the Chief of Police, may be investigated. X. INVESTIGATION OF EXTERNALLY ORIGINATED COMPLAINTS A. Level I Complaints 1. Citizens who telephone or appear in person, between 8:00 A.M. and 5:00 P.M. on weekdays and wishing to make a complaint against an employee, will be referred to the Internal Affairs Division. 2. When a Level I complaint is received after hours, the on -duty supervisor will immediately notify the on-call Internal Affairs Investigator who will respond accordingly and: a. interview the complainant in person or by telephone to obtain all ' pertinent information so that the complaint may be documented. Ordinance No. 2675-11-07, Page 8 EXHIBIT "A" loam t,5 Attachment Nymber 1 General Order 300— Discipline/Complaints Against Police Personnel 307 Page 8 of 20 ' b. advise the complainant that the complaint must be made in writing and signed by the complainant, if it is to be formally investigated. If the complainant desires to sign the complaint, the investigator shall advise him to appear in person so that an affidavit may be obtained. If the complainant cannot appear in person, the investigator shall advise the complainant to send a signed letter, addressed directly to the Chief of Police; C. A "How to File a Complaint" brochure will he given to the IC. Upon completion, the Personnel Incident Form will be filed with the Internal Affairs Division. Ordinance No. 2675-11-07, Page 9 complainant. 3. The Chief of Police or his designee shall examine the content of the complaint to determine if it meets the requirements of a Level I complaint, i.e. alleges a violation of the law or the regulations of the Department and/or the City of Allen. 4. After review of the complaint and determination that an investigation is warranted, the Chief of Police or his designee will have Internal Affairs personnel issue a control number and will assign an investigator to the case. S. The accused employee may be required to report to Internal Affairs at the onset of an investigation, if the Chief of Police or his designee deems it necessary, and will be required to respond, both orally and in writing, to the complaint. B. Level B Complaints 1. Citizens who telephone or appear in person between 0800 and 1700 hours on weekdays and wish to make a complaint against an employee shall be referred to the Internal Affairs Division, who will determine if the complaint is to be referred to the employee's supervisor. 2. When Internal Affairs personnel are unavailable, complainants_ shall be referred to an on -duty supervisor who will: a. interview the complainant in person or by telephone to obtain all pertinent information, so that the complaint may be placed on a Personnel Incident Form (APD -28) or documented in a memorandum upon approval; b. forward the original Personnel Incident Form to the employce(s) chain of command for recommendations. IC. Upon completion, the Personnel Incident Form will be filed with the Internal Affairs Division. Ordinance No. 2675-11-07, Page 9 EXHIBIT "A" item#5 Attachment Number I General Order 300—Discipline/Complaints Against Police Personnel 308 Page 9 of 20 ' 3. When a Level II complaintis received by Intemal Affairs and the infraction is to be handled at the shift, unit or division level, the documentation will be delivered to the appropriate shift, unit or division supervisor who shall investigate the allegation. The infraction will be properly documented on a Personnel Incident Form. I 4. An accused employee(s) will be required to respond, both orally and in writing, to the complaint. XI. INVESTIGATION OF INTERNALLY ORIGINATED COMPLAINTS A. The supervisor who initially becomes aware of an alleged or suspected Level I violation shall immediately notify their respective Deputy Chief and the Internal . Affairs Division Commander through the chain of command, and shall submit a memorandum detailing the allegation. B. Investigative personnel of the Internal Affairs Division will examine the memoranda, detailing the content of the allegation, to determine if the requirements of a complaint, i.e. allegations of a violation of law, the General Orders of the Department or the City of Allen Personnel Policies and Procedures, are stipulated. C. Internal Affairs personnel will report the allegation to the Chief of Police or his designee who will determine if an Internal Affairs investigator will be assigned to the case, at which time a control number will be issued to the investigation. D. At the discretion of the Chief of Police, if the investigation is to be conducted at the shift, unit or division level, the investigative file shall be set up by Internal Affairs and delivered to the appropriate supervisor assigned to the investigation. E. If the investigator is a supervisor not assigned to Internal Affairs, that supervisor shall, at the conclusion of his investigation, forward the entire investigative file, including all copies, directly to the Internal Affairs Division. A supervisor not assigned to the Internal Affairs function, assigned to investigate a complaint, serves only in a fact finding role and shall include a finding as to classification of the complaint, i.e. sustained, not sustained, unfounded, etc., but shall not make a recommendation as to discipline. No copies shall be retained or forwarded to any other individual(s). The accused employee may be required to report to Internal Affairs at the onset of an investigation, if deemed necessary and will be required to respond, both orally and in writing, to the complaint. Ordinance No. 267511-07, Page 10 EXHIBIT "A" nem Attachment Nµmber 1 General Order 300—Discipline/Complaints Against Police Personnel 309 Page 10 of 20 XII. EMPLOYEE'S RIGHTS DURING INTERNAL INVESTIGATION A. Requirement to Answer Questions An employee shall be required to answer questions relating to his duties and can be disciplined for refusal to answer such questions. (Refer to Garrityv. New Jersey, 385 U.S. 483 and Gardner v. Broderick, 392 U.S. 273.) 2. Any such required statements could be used against the employee in a disciplinary action or civil proceeding. The statements would not be admissible in subsequent criminal action. B. Suoervisor's Presence During Interview An accused employee may request that his immediate supervisor or other member of his chain of command be permitted to attend an interview regarding an investigation of noncriminal conduct. The supervisor may attend in an observation capacity only and shall not take an active part in the interview. An employee's supervisor shall not be permitted to attend an interview regarding an investigation of criminal conduct. C. Counsel's Presence During Interview ' 1. The accused employee will not be permitted to have counsel present during an interview concerning an internal investigation. The Fifth Amendment right to counsel does not apply to administrative matters. (Refer to Garrity Y. New Jersey, 385 U.S. 483 and Gardner v. Broderick, 392 U.S. 273.) 2. An accused employee is not entitled to receive the Miranda warning during an administrative investigation. The employee shall be directed to read and sign the AdministmtiveMvestigative Warning (APD -191) and shall be provided with a copy. D. Search of Equipment haemal Affairs personnel may, at the direction of the Chief of Police or his designee, conduct reasonable searches of Departmental equipment (lockers, desks, vehicles, etc.) and facilities for the purpose of identifying and securing evidence that may be utilized as part of an administrative investigation. This type of search may also be conducted by supervisory personnel when Internal Affairs personnel are unavailable and the need for an immediate search exists. The search must be approved in advance by the Chief of Police or his designee and the circumstances shall be documented by the supervisor, in a memorandum to the Chief of Police, through the chain of command. Ordinance No. 267511-07, Page 11 EXHIBIT "A" Itemk5 Attachment Nymber 1 General Order 300-Discipline/Complaints Against Police Personnel 310 Page 11 of 20 ' 2. Employees of the Department have no right to or expectation of privacy in departmental equipment including lockers, desks, vehicles, in personal equipment utilized while on duty or to provide police services. E. Special Examinations An accused employee may request, by memorandum to the hitemal Affairs Division, to undergo a behavioral cause investigation, blood test orpolygraph examination, if he believes such would be beneficial to his defense. The Chief of Police shall authorize or deny all such requests. 2. The Department may require an accused employee to submit to a behavioral cause investigation, polygraph examination, medical or laboratory . examination. The results of such examination would be limited to administrative use, except as provided by law. 3. Should the accused employee refuse to take the test, after being ordered by the Chief of Police or other competent authority, the accused employee may be subject to disciplinary action up to and including termination for refusal to obey a lawful order, insubordination. ' F. Polygraph Examination 1. In some cases, a complainant may undergo a polygraph test to substantiate his allegations made against an employee in an affidavit. When the test reveals no deception on the part of the complainant, the accused employee may be ordered to submit to a polygraph test. F 2. Should the accused employee refuse to take the test, after being ordered by the Chief of Police or other competent authority, the accused employee may be subject to disciplinary action up to and including termination for refusal to obey a lawful order, insubordination. 3. Should the investigation originate from an internal allegation, the involved employee(s) may be ordered to take the polygraph examination, when in the best interest of the Department. Section F (2) above shall apply. G. Medical and Laboratory Examination The Chief of Police or his designee may, based on personal observation, require a Department employee to submit to a test for alcohol or drug use while on duty. The results may be used in the disciplinary process. Refusal to submit to the examination will be grounds for disciplinary action, up to and including termination. Ordinance No. 2675-11-07, Page 12 EXHIBIT "A" Item #5 Attachment Nymber 1 General Order 300 — Discipline/Complaints Against Police Personnel 311 Page 12 of 20 ' 1. If the employee is believed to be under the influence of alcohol, an on -duty Supervisor or Internal Affairs Investigator shall administer the test. The highest ranking officer available shall witness the test and sign the report. The portable breath testing instrument (P.a.T.) will be used to perform this test. 2. If the employee has a reading of .01 or higher or there is other competent evidence of impaired abilities to perform duties, the officer may be relieved of duty by the Chief of Police or his designee. 3. If the employee is believed to be under the influence of self administered drugs, he may be compelled to submit to a blood and/or urine test. The test shall he administered under medical supervision where hygienic safeguards , are met. The sample will be handled using the same safeguards as evidence in a criminal process. 4. If the test shows positive results or there is other competent evidence of impaired abilities to perform duties, the officer shall be relieved of duty as soon as possible by the Chief of Police or his designee. S. If an employee refuses to submit to any test, the supervisor may relieve the ' employee from duty for failure to cooperate in an administrative investigation. H. Photograph and Lineup Identification Procedures: 1 Officers may be required to stand in a lineup for viewing by citizens, for the purpose of identifying an employee accused of misconduct. Refusal to stand in a properly conducted lineup is grounds for disciplinary action, up to and including termination. A photo identification book of Department employees maybe maintained, for the purpose of identification, by citizens, of an employee accused of misconduct. Photographs of employees for the identification book are required by the Department and shall be used when narrowly related to the employee's job. 2. Photographs or videotape pictures of employees, with or without an employee's consent, may be taken for the purpose of internal investigations as related to the employee's job when the employee is suspected of misconduct. Ordinance No. 2675-11-07, Page 13 Item k 5 EXHIBIT "A" Attachment Number 1 General Order 300— Mcipline7Complaints Against Police Personnel 312 Page 13 of20' XIII. COMPLETION OF COMPLAINT INVESTIGATION XIV. 1 A. Upon conclusion of a formal investigation, complaint(s) will be classified as: 1. Unfounded - Allegation is false or not factual. 2. Exonerated - Incident complained of did occur but was lawful and proper. 3. Not sustained - Insufficient evidence either to prove or disprove the allegation. 4. Sustained - Allegation is supported by sufficient evidence. 5. VNR - Violation not related to initial complaint. B. Upon completion of the investigation, Internal Affairs personnel shall forward the file to the Chief of Police for his review. C. The Chief of Police or his designee will notify the complainant of the final disposition, except when a pending criminal case might be compromised by disclosure of this information. D. Regardless of disposition, all complaints that are investigated shall be submitted to the Chief of Police for review. The Chief of Police may forward the investigation to the appropriate Deputy Chief so that preventive measures can be taken to avoid similar complaints in the future. A. All complaint investigations shall be considered confidential and, except as provided below, no portion of the investigations may be reproduced without the expressed authority of the Chief of Police. B. Any employee or external complainant, upon written request, shall be provided with a copy of his own work product. All copies, when the original has become part of the investigative file, must be stamped as `confidential" and issued by the personnel of the Internal Affairs Division. C. Investigative reports shall not be released, except that which is required by law under open records statutes or that which is authorized by the employee in writing. D. Information that is considered public under open records statutes includes: 1. Name of the complainant; Ordinance No. 267511-07, Page 14 1 1 1 EXHIBIT "A" Item 85 Attachment Number 1 General Order 300— Discipline/Complaints Against Police Personnel 313 Page 14 of 20' 2. Name(s) of the employee(s) complained on; 3. Brief synopsis of the complaint including date, time, and location; 4. Disposition of the complaint including disciplinary action, if any. E. The Internal Affairs Division must respond to any subpoena for records. However, it is the policy of this Department to contest all such subpoenas. If a court of competent jurisdiction orders Internal Affairs to produce the records, the order will he complied with, after consultation with the City Attorney's Office. XV. RECOMMENDATIONS OF DISCIPLINE — SUSTAINED COMPLAINTS A. When the investigation of a sustained complaint has been completed and it has been reviewed by the legal staff, the completed case file will be forwarded to the respective Deputy Chief. B. The Deputy Chief or his designee will solicit recommendations for disciplinary action from the involved employee(s) chain of command. I. For purposes of this General Order, the term immediate supervisor shall include only those holding the rank of Police Corporal or above. C. All recommendations of discipline will address the following areas: L Seriousness of the offense; 2. Previous history of the involved employee(s); 3. Review of prior performance evaluations for the involved employee(s); 4. Identification of any previous disciplinary action administered f arviolations which are the same or similar in nature. This is to ensure consistency in discipline; and 5. The final recommendation for discipline. D. All proposed or initial drafts of disciplinary recommendations shall be reviewed by the Police Legal Advisor prior to submission to the Deputy Chief. E. When all recommendations have been received by the Deputy Chief, a meeting will be held, with all personnel involved in the recommendation process, to conduct a final review and analysis of all recommendations received. F. A final decision will then be rendered by the Deputy Chief. Ordinance No. 2675-11-07, Page 15 EXHIBIT "A" item lt5 Attachment Number 1 General Order 300- Discipline/Complaints Against Police Personnel 314 Page 15 of 20 ' I. If recommendations of discipline on an employee(s) involve termination or demotion, the Chief of Police will solicit recommendations from each Deputy Chief and a final decision will be rendered by the Chief of Police. XVI. TYPES OF DISCIPLINARY ACTIONS A. All disciplinary action will be based on substantial evidence. Proof beyond a reasonable doubt or a preponderance of the evidence is not required. (Refer to Edmonds v. McNeal, 596 S.W. 2d 403.) Substantial evidence is defined as such evidence that a reasonable mind might accept as adequate to support a conclusion. It is that quality of evidence necessary for a court to affirm a decision of an administrative board. 2. Proof beyond a reasonable doubt is defined as such proof as precludes every reasonable hypothesis except that which it tends to support and which is wholly consistent with the defendant's guilt and inconsistent with any other rational conclusion. 3. Preponderance of evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it. ' B. Non -Disciplinary Action The following types of non -disciplinary action can he assessed by the employee's chain of command: Verbal Warning - The purpose of a verbal warning is to allow a supervisor to bring to the employee's attention the need to improve his work performance, work habits, behavior, or attitude, and to serve as a warning against further unsatisfactory conduct. The supervisor shall utilize the occasion to identify and define the area needing improvement and inform the employee as to how such improvement can be realistically achieved. The supervisor shall document the verbal warning on a Personnel Incident Form and forward it through the chain of command. a. Upon request of the employee and approval from his chain of command, the documentation of the verbal wamingmayberenmved from the file and destroyed after a period of one year. 2. Written Wamine - The purpose of a written warning is to bring, to the employee's attention, the need to improve his performance, work habits, behavior or attitude, where a verbal warning has not resulted in expected improvement or when action more serious than a verbal warning is warranted. Ordinance No. 267511-07, Page 16 EXHIBIT "A" Item#5 Attachment Npmber I General Order 300— Discipline/Complaints Against Police Personnel 315 Page 16 of 20 The supervisor shall document the violation on a Personnel Incident Form and forward same through the chain of command, with a recommendation for a written warning. Upon approval from the respective Deputy Chief or his designee, the form and the written warning, issued by the supervisor, shall be placed in the employee's departmental file. If not approved, the supervisor shall retain the option to issue a verbal warning, unless otherwise directed. Upon request of the employee and approval from his chain of command, the written warning may be removed from the file and destroyed after a period of one year. 3. Training - When additional training is warranted and approved by the Deputy Chief or his designee. C. Disciplinary Actions The following types of disciplinary actions can be assessed bythe employee's respective Deputy Chief unless the action results in Demotion or Termination, which will be administered by the Chief of Police or his designee. ' a. Written Reprimand b. Suspension; XVII. C. Demotion; d. Termination. 2. Disciplinary action involving potential monetary loss by the employee, including suspension, demotion or termination, shall only be assessed subsequent to the completion of a formal internal investigation. A. Complaints Involving Alleged Criminal Violations All criminal investigations involving Departmental employees shall be conducted by personnel of the Criminal Investigation Division, unless otherwise directed the Chief of Police. The Chief of Police may, at his discretion, direct Internal Affairs personnel or an outside law enforcement agency to conduct a criminal investigation involving a Department employee. I2. When an employee of the Department is apprehended in the act of committing a criminal violation, the following shall apply: Ordinance No. 267511-07, Page 17 EXHIBIT "A" Item p5 Attachment Number 1 General Order 300- Discipline/Complaints Against Police Personnel 316 Page 17 of 20" ' a. If the offense is a Class C misdemeanor and the employee is issued a citation, the officer who issues such a citation shall inform his supervisor, who will forward a copy to the Chief of Police though the chain of command. It. If the employee is subject to custodial arrest, the employee shall be taken to the proper detention facility and booked on the appropriate charge. The wresting officer shall immediately notify his supervisor who shall then immediately notify his respective Deputy Chief and the Internal Affairs Division Commander through the chain of command. The Deputy Chief will make notification to the Chief of Police. 3. Any time an employee of the Department learns that a law enforcement agency, other than the Allen Police Department, has arrested or issued an arrest warrant for an employee of this Department, the employee shall immediately report the information concerning the arrest and/or the warrant to the Internal Affairs Division through his chain of command. B. Departmental Vehicle Accidents ' 1. When the investigation of an accident, involving a Departmental vehicle reveals misconduct of a Department employee, the act shall be investigated in accordance with the provisions of this General Order and General Order 4500, Use of Department Vehicles. C. Emergency Relief from Duty. Suspension or Discharge 1. Any supervisor has the authority to impose emergency relief from duty, for an employee until the next business day, when it appears that such action is in the best interest of the Department and/or the employee. Whenever an employee is relieved from duty, the Chief of Police shall be immediately notified through the chain of command. 2. Only the Chief of Police or his designee has the authority to place an employee on administrative leave with pay. Whenever this occurs, the employee shall be assigned to the Internal Affairs Division, pending the outcome of the administrative investigation or termination of administrative leave. 3. When an employee is temporarily relieved from duty, his supervisor shall collect the employee's badge(s), Department issued weapon(s) and police identification card. When an employee is discharged, the supervisor shall ensure that all city -issued property and equipment used by the employee is turned in. Ordinance No. 267511-07, Page 18 EXHIBIT "A" Item hs Attachment Number 1 General Order 300— DisciplineXomplaints Against Police Personnel 317 Page 10 of 20' in either case, the supervisor shall forward through the chain of command, a written report detailing the items that he has collected. If an employee is placed on administrative suspension, Internal Affairs personnel shall seize the above stated items from the employee. XVIII. APPEALS AND GRIEVANCES A. When discipline is administered by a Deputy Chief of Police appeals and grievances may be filed by the employee to the Chief of Police within five (5) working days. The appeal must be in writing and must state the specific reason(s) for the appeal and/or grievance. B. When discipline is administered by the Chief of Police appeals and grievances may , be filed by any employee in accordance with the City ofAllen Personnel Policies and Procedures Manual. XIX. BEHAVIORAL CAUSE INVESTIGATION A. A Behavioral Cause Investigation is an administrative investigation which is conducted, when an employee exhibits unusual or abnormal behavior. This may either be observed behavior by the employee's supervisor(s) or a perceived behavioral deficiency, which is claimed by the employee. The employee may be referred, at the City's expense, to a licensed psychologist who will examine the employee and make a determination as to his fitness for duty, in light of the observed/claimed behavior. B. Authority and Responsibility The Chief of Police may initiate a Behavioral Cause Investigation whenever he believes it is in the best interest of the employee and/or the Department. 2. The employee's supervisor may recommend, to the Chief of Police, a Behavioral Cause Investigation based upon the nature of the complaint and/or the accused employee's disciplinary record. 3. An employee, who is the subject of a Behavioral Cause Investigation, will be referred to the designated Departmental Psychologist. C. Who May Undergo a Behavioral Cause Investigation 1. Any Department employee who exhibits unusual or abnormal behavior, which can reasonably be expected to prevent that employee from accomplishing his assigned duties. Ordinance No. 267511-07, Page 19 EXHIBIT "A" Item #5 Attachment Number I General Order 300—Discipline/Complaints Against Police Personnel 318 Page 19 of 20" ' 2. Any Department employee who exhibits unusual or abnormal behavior which, if not restricted, can reasonably be expected to place that employee or another person in danger. 1 3. Any employee who perceives a personal behavioral deficiency and requests such an investigation and such request is approved by the Chief of Police. D. Self-hljection into a Behavioral Cause Investigation I If an employee feels that he has an emotional, stress related or other problem that has resulted in a complaint, he may request a Behavioral Cause Investigation by contacting the Investigators of the Internal Affairs Division. 2. The purpose of self -injection into a Behavioral Cause Investigation is to identify the cause of the unusual or abnormal behavior, on the part of the employee and to provide him with professional assistance in redirecting or changing his behavior. 3. The final diagnostic evaluation will be presented to the Chief of Police, by Internal Affairs personnel, for consideration in determining what action is to be taken, as a result of the original complaint. E. Interview with Psychologist 1. All employees entering a Behavioral Cause Investigation shall be interviewed by a Psychologist licensed to practice in the State of Texas, who may be provided with the biographical and Departmental history of the employee, as well as any profile resulting from the applicant -level psychometric testing. 2. Any information obtained by the Psychologist, which does not relate to the specific incident or problem under investigation, will be considered privileged communication and shall not be entered into any Departmental file or history on the employee. F. Handling of Mentally Disturbed Employees When a supervisor becomes aware that an employee has reported for duty exhibiting, or while on duty exhibits questionable behavior, the employee shall be removed from any assignment which necessitates contact with the public. If necessary, the employee may be temporarily relieved of duty by his supervisor and referred to the Internal Affairs Division for immediate action. Internal Affairs personnel shall notify the Chief of Police as soon as practical. Ordinance No. 2675-11-07, Page 20 Item # 5 EXHIBIT "A" Attachment Number I General Order 300—Discipline/Complaints Against Police Personnel 319 Page 20 of 20' 2. When a supervisor becomes aware of a suspected behavioral problem and/or any of the administrative actions have taken place as described in paragraph F. I_, he shall submit a confidential memorandum to the Chief of Police, through the supervisor's chain of command, for his consideration. XX. EFFECTIVE DATE A. Any previous directive, rule, order or regulation that pertains to this subject matter and its amendments shall remain in full force and effect for any violation(s) which occur prior to the effective date of this General Order. B. If any section, sentence, clause or phrase of this General Order is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of , this General Order. C. All training on this General Order will be in accordance with General Order 100, Written Directive System, Chapter VIII, Training. D. The effective date is stated in the header block of this General Order. Ordinance No. 2675-11-07, Page 21 1 Item # 5 EXHIBIT "A" Attachment Number 2 Page 1 of 3 " ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: CAREERDEVELOPMENT NUMBER: 1600 EFFECTIVE DATE: 11-27-07 REVIEW DATE: 11-2009 AMENDS/SUPERSEDES: G.O. 1600 issued 08-10-06 APPROVED: Chief of Police CALEA STANDARDS: 33.8.1, 33.8.2 NOTE: This General Order is for internal use only and does not enhance an officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can only form the basis of a complaint by this Department and only in a non -judicial, administrative setting INDEX WORDS: Career Development Interest Goals Training Individual Growth I. PURPOSE A. To provide employees of the Allen Police Department with a means to explore and expand their interests and abilities to successfully meet departmental tasks and objectives. B. To allow employees and supervisors of the department the ability to envision long- range planning for individual career choices. IL POLICY This policy will set forth guidelines to provide, to the degree possible, counseling, training and professional development opportunities to members of the department to prepare and progress in theirjob assignments as well as individual growth opportunities. III. DEFINITION Career Development — The progression from a simpler or lower to a more advanced, mature, ' complex stage of a profession or occupation. Ordinance No. 2675-11-07, Page 22 Item # 5 EXHIBIT "A" Attachment Number 2 General Order 16001 Career Development 1601 Page 2 of ' IIV. PROCEDURES A. Career Development Forms (APD -284) will be created and maintained on each departmental employee. B. Each employee's career development plan will be initiated and discussed with them by supervisory personnel during quarterly review discussions, and especially at annual performance review. C. It is each employee's responsibility to monitor and update his career development plan, and follow-up on prior training requests for which he has submitted, but has not received written response, concerning the status of the request. V. GUIDELINES A. Each departmental employee will be required to complete a career development form. Division Commanders will monitor career development plans of respective members of their divisions, and most be prepared to discuss them with the Chief of Police or his designee. B. Below are guidelines explaining the process, listing categories of which information ' is necessary to formulate accurate career development plans. These guidelines are to include, but are not limited to the following: 1. Education Level of the employee; 2. Certification Level; 3. Other Education/Experlenm/Certifications; 4. Future Goals; 5. Promotional Goals; 6. Specialized Interest; 7. Training/Interest. C. Copies of the completed forms will be monitored and/or updated periodically. The Master Plan consisting of original documents will be maintained in each employee's departmental file. Ordinance No. 267511-07, Page 23 1 1 EXHIBIT "A" General Order 1600 / Career Development VI. TRAINING Item k 5 Attachment Number 2 1602 Page 3 of 3 " A. Training under the career development plan will be on a voluntary basis to develop new skills in areas of individual specialization and interest for each employee. B. The training should enhance the employee's skills, knowledge and abilities with the goal of enhancing the employee's opportunities for advancement or increasing individual job satisfaction. C. This type of training can be achieved through specialized training, in-service training, field training programs and formal education. VII. EFFECTIVE DATE A. Any previous directive, rule, order or regulation that pertains to this subject matter and its amendments shall remain in full force and effect for any violation(s) which occur prior to the effective date of this General Order. B. If any section, sentence, clause or phrase of this General Order is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this General Order. C. All training on this General Order will be in accordance with General Order 100, Written Directive System, Chapter VIII, Training. D. The effective date is stated in the header block of this General Order. Ordinance No. 267511-07, Page 24 EXHIBIT "A" Item k 5 Attachment Number 3 Page I of ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: HIRING/ RECRUITING PROCESS NUMBER: 1700 EFFECTIVE DATE: 11-27-07 REVIEW DATE: 11-2009 AMENDS/SUPERSEDES: G.O. 1700 issued 07-06-06 APPROVED: Chief of Police CALEA STANDARDS: 31.1.1,31.1.2, 31.2.1, 31.2.3, 311.3.2, 31.3.3, 31.3.4, 32.1.1, 32.1.2, 32.1.3, 32.1.4, 32.1.5, 32.2.1, 32.2.4, 32.2.5, 32.2.7, 32.2.8. NOTE: This General Order is for internal use only and does not enhance an officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can only form the basis of a complaint by this Department and only in a non -judicial, administrative setting - - - - INDEX WORDS: ' Application Assessment Comprehensive Background I. PURPOSE Examination Interview Recruitment Program The purpose of this General Order is to provide employees with a basic structure of the hiring process utilized by the Allen Police Department. This is not a rigid structure and is flexible in some areas according to needs within the department. IL POLICY To establish guidelines for the hiring process used by the Allen Police Department in an effort to create a fair and impartial system to ensure that the best -qualified applicants are found for the department. III. PHASES OF THE HIRING PROCESS The Hiring Process is one of the most important aspects in a professional, contemporary law enforcement agency. The Hiring Process will consist of eleven phases, with each phase cultivating its own standard; therefore each phase must be successfully completed prior to proceeding to the next phase. Ordinance No. 267511-07, Page 25 Item # 5 EXHIBIT "A" Attachment Number 3 Page2of7 " General Order 1700 — Hiring/Recruiting Process A. Phase One 1701 1. City of Allen application completed and turned in to City of Allen Human Resources Department. B. Phase Two I. Screening of application,by City of Allen Human Resources Personnel and the Internal Affairs Division: a. Appropriate documents must be submitted to verify eligibility. b. copies of documents will be accepted. ' C. Phase Three 1. Written Examination for sworn and applicable non -sworn positions: a. Applicants must have a minimum passing -score of 70. or above to successfully pass the examination. ' b. Scores will be posted at the testing site immediately following the examination once all tests have been graded. All applicants who pass the examination will be told to proceed to the physical assessment testing site. C. Non -Sworn applicants will be administered an exam that is designed for the particular position applied for, i.e. typing tests, communications testing, math testing and criminalist exam. All applicants who successfully pass the administered testing will proceed to the next phase of the process applicable to the position. D. Phase Four 1. Physical Assessment for swom applicants: a. The physical assessment will be conducted following the written examination. All applicants who successfully passed the written examination will be allowed to take the physical assessment. b. During this phase there is a pass or fail score. All applicants must successfully pass each phase of the physical assessment within the guidelines set forth. Each applicant will be given two (2) attempts at each phase before a failing score is administered. t1. 1.5 mile run 16:28 Ordinance No. 267511-07, Page 26 Item N 5 EXHIBIT "A" Attachment Number 3 Page 3 of General Order 1700—Hiring/Recruiting Process 1702 2. 300 meter run 71.0 3. Vertical Jump 16.0" 4. 1 rep maximum bench press .64% of the body weight 5. Sit-ups(inone (1) minute) 29 6. Push-ups (in one (1) minute) 25 C. Each Applicant must sign an informed consent form prior to taking the physical assessment releasing the Allen Police Department of any liability. d. This testing is normally for sworn positions only, but could be used for testing of jailer applicants who may have to perform some of the same physical functions that a swom officer would have to during his tour of duty. e. Personal History Statements will be given to each police officer applicant who successfully passes each phase of the physical ' assessment. The applicants will be given 10 days to return the completed Personal History Statement to the Internal Affairs Division. Late or Incomplete Personal History Statements will be rejected. f. Personal History Statements will be given to non -sworn applicants after they successfully pass the type of testing designed for the particular position applied for, and will be given 10 days to return the completed Personal History Statement to the Internal Affairs Division. In some instances, Personal History Statements may be disseminated to non -sworn applicants prior to testing if there is a delay in scheduling for the testing date. Late or Incomplete Personal History Statements for non -sworn applicants will be rejected. E. Phase Five Comprehensive Background Investigation for sworn and non -sworn applicants: a. The background investigator will conduct a preliminary interview with each applicant for sworn and non-swom positions prior to starting the investigation to ensure that all information is verified on the submitted Personal History Statement. Applicants will have the ' opportunity to add or delete any information to the Personal History Statement during this interview. Ordinance No. 267511-07, Page 27 Item # 5 EXHIBIT 'A" Attachment Number 3 Page4of7 General Order 1700 — Hiringdtecruiting Proems 1703 b. Any information discovered during the background investigation that was not included in the Personal History Statement either by omission or falsely reported will be grounds for rejection. Each applicant who is rejected from the process due to the results of the background investigation will be notified in writing by the Internal Affairs Division. Applicants who are temporarily rejected from the process will be given a time frame in which he may re -apply with the Allen Police Department. d. Each applicant who successfully completes the background investigation will proceed to an oral interview board. The applicant will be notified verbally and in writing as to the date, time and location of the board. F. Phase Six 1. Oral Interview Board for sworn and applicable non -sworn positions: a. Each applicant must have a minimum score of 14.0 to successfully pass the oral interview board. ' b. Upon successful completion of the oral interview board the applicant will receive a conditional job offer prior to proceeding to the next phase. C. Each applicant who fails the oral interview board will be notified verbally and in writing as to the results. it. Non-critical, non -sworn positions will have an oral interview with the applicable Deputy Chief or his designee. Noncritical positions include records technician, property technician, administrative assistants and animal control officers. G. Phase Seven Polygraph Examination for sworn and critical, non -sworn positions, such as communication technician, detention officer, and criminalist. Property Technicians will also be administered a polygraph examination. a. Applicants will be administered a polygraph examination by a trained polygraph examiner selected by the department. b. The applicant must successfully pass the polygraph examination with ' a no deception indicated result prior to proceeding to the next phase. Ordinance No. 267511-07, Page 28 Item # 5 EXHIBIT "A" Attachment Number 3 Page 5 of 7 " Gcncral Order 1700 — Hiring/Recruiting Process 1704 C. Admissions made during the polygraph examination will be used to assist in determining the applicant's acceptability. H. Phase Eight 1. Psychological Examination for sworn and critical non -sworn positions, such as communication technician, detention officer and criminalist: a. Applicants will be administered a psychological examination by a licensed psychologist selected by the department. b. The applicant must receive a minimum rating of 4.0 or above to successfully pass this examination. I. Phase Nine I. Medical/Physical Examination for sworn applicants only: a. A medical examination, conducted by a licensed physician chosen by the department, will be administered to all sworn applicants. This examination will wnsist of the following: L Hearing Test — all applicants Must posses hearing that cannot exceed an average hearing loss of 25 decibels (ANSI) at 1000, 2000, and 3000 Hertz; cannot exwed a single reading of 35 decibels at 1000, 2000, and 3000 Hertz; cannot exceed a single reading of 35 decibels at 500 Hertz; and cannot exceed a single reading of 45 decibels at 4000 Hertz. 2. Vision Screening — all applicants must posses 20/20 vision, either corrected of uncorrected in each eye, unless vision is corrected by the use of contact lenses or glasses, which must be worn on duty and/or during all law enforcement related activities. Applicants must be free of dichromatic wlor blindness, night blindness or any other visual deficiencies or limitations. 3. Physical Capacity Assessment; 4. Metabolic Panel; 5. Spiromitry Base Line Exam; 6. an EKG; and ' 7. a Physical Examination conducted by the physician. Ordinance No. 267511-07, Page 29 item # 5 EXHIBIT "A" Attachment Number 3 Page 6of7 " Gcncral Order 1700—Hiring/Recruiting Process 1705 b. The Physical Capacity Assessment is usually conducted for swom positions, but could be used for other positions that might require the use of their physical strength to perform the duties of their position. J. Phase Ten Ding Screen Examination for swom and non-swom applicants: All applicants will be administered a drug screen analysis, by a facility selected by the department, prior to being appointed to a probationary status. K. Phase Eleven 1. Final interview with the respective Deputy Chief for swom and non -sworn applicants: Upon successfully completing the final interview with the Deputy Chief of Police or his designee, the applicant will be given a final job offer and a date of hire. ' IV. NOTIFICATION A. Each applicant will be notified in writing if he failed any portion of the hiring process. Applicants who are temporarily rejected from the process will be given a time frame in which they may re -apply with the Allen Police Department. The time frame will be determined on a case-by-case basis and will depend on the severity of why the applicant was disqualified or rejected. V. PROBATIONARY POLICE OFFICERS A. Recruits who are required to attend the police academy must successfully pass the program in order to maintain employment with the City of Allen. Upon successfully passing the TCLEOSE examination and completing the academy program, Police Recruits will enter the Field Training Program. Recruits will be required to successfully complete the Field Training Program and their remaining probationary time period prior to being removed from the probationary status. B. Recruits who are hired that hold a Basic Peace Officer License will be placed in the Field Training Program. These recruits will be required to successfully complete the Field Training Program and their remaining probationary time period prior to being removed from the probationary status. C. All recmits will attend a Probationary Police Officer School and must successfully ' pass the program in order to satisfy the requirements of their probationary status. Ordinance No. 267511-07, Page 30 Item # 5 EXHIBIT "A" Attachment Number 3 Page 7 of 7 ' Genes[ Order 1700 — Hiring/Recmiting Process ' VI. LATERAL ENTRY 1706 A. Police Officers who are hired with prior experience will be designated as a lateral entry. The level in which they fall into as a lateral entry will be determined on a case-by-case basis with recommendations from the respective Deputy Chief and approval from the Chief of Police or his designee. To be considered for a lateral entry each applicant must successfully pass each phase in the hiring process. VII. RECRUITING A. The Recruiting Officer will be responsible for the recruitment of qualified applicants for positions within the Allen Police Department. Responsibilities of the Recruiting Officer shall include, but are not limited to the following: Advertising through newspapers, websites and personal contact; 2. Distribution and collection of advertising items (i.e. brochures, posters, videos, etc.); 3. Traveling to universities and community colleges during their job fair seminars; I4. Initiating the Hiring Process, as described above, once a vacancy within the department becomes available. VIII. B. The Recruiting Officer will be under the direct supervision of the Internal Affairs Division, and will receive the proper training in the recruitment of personnel once assigned to this position. The Recruiting Officer will also continue to obtain updated information to enhance the Recruitment Program. A. Any previous directive, role, order or regulation that pertains to this subject matter and its amendments shall remain in full force and effect for any violation(s) which occur prior to the effective date of this General Order. B. If any section, sentence, clause or phrase of this General Order is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this General Order. C. All training on this General Order will be in accordance with General Order 100, Written Directive System, Chapter VIII, Training. D. The effective date is stated in the header block of this General Order. Ordinance No. 267511-07, Page 31 1 Writ::Irllwcll Item 4 5 Attachment Number 4 Page 1 of6 ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: PROMOTIONAL PROCESS NUMBER: 3700 EFFECTIVEDATE: 11-27-07 REVIEW DATE: 11-2009 AMENDS/SUPERSEDES: G.O.3700 issued 09-19-06 APPROVED: Chief of Police CALEA STANDARDS: 34.1 NOTE: This General Order is for internal use only, and does not enhance an officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can only form the basis of a complaint by this Department and only in a non -judicial, administrative setting. - - - - - - INDEX WORDS: Career Development Police Corporal Deputy Chief of Police Police Lieutenant Education and Training Requirements Police Officer Experience Requirements Police Sergeant Police Captain Promotional Process I. PURPOSE A. The purpose of this General Order is to establish guidelines and requirements for promotions within the Allen Police Department. The first emphasizes in-service training in pursuit of the Basic, Intermediate, Advanced and Master Peace Officer Certificates issued by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The second concentrates on the completion of formal education through an accredited college or university of the employee's choice and the third being promotional opportunities. II. POLICY A. In an effort to define this Department's role in the promotional process, a written directive is required which vests, in an identifiable position, the authority and responsibility for administering the agency's role in that process. This General Order describes the procedures of the Allen Police Department used for each element of the promotional process for all sworn personnel. Ordinance No. 2675-11-07, Page 32 EXHIBIT "A" item #5 Attachment Ngmber 4 Page 2 of 6 General Order 3700 / Promotional Process and Requirements 3701 ' IH. DEFINITIONS A. Police Officer- (in addition to CCP 2.12) -for purposes of this General Order shall be interpreted as a full-time, commissioned officer as determined and validated by TCLEOSE standards. IV. PROMOTIONAL POSITION REQUIREMENTS A. POLICE CORPORAL 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D. 2. Experience Requirements: a. Minimum of four (4) years of police officer experience; b. with a minimum of one (1) year of experience as police officer with the Allen Police Department; and 'C. must have completed the probationary period. B. POLICE SERGEANT 1 1. Education and Training Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; C. Minimum of fifteen (15) College Semester credits. 2. Experience Requirements: a. Minimum of five (5) years of police officer experience; and b. currently hold the rank of Police Corporal with the Allen Police Department. Ordinance No. 2675-11-07, Page 33 EXHIBIT "A" Itemk5 Attachment Ngmber4 Page 3 of 6 General Order 3700 / Promotional Process and Requirements 3702 V A. POLICE LIEUTENANT 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Minimum of forty five (45) College Semester credits. 2. Experience Requirements: , a. Six (6) years of police officer experience; and b. currently hold the rank of Police Sergeant with the Allen Police Department. B. POLICE CAPTAIN - - - - - 1. Education and Certificate Requirements: a. TCLEOSE Master Certificate; b. High School Diploma or G.E.D.; C. Associate Degree or minimum of sixty (60) College Semester credits. 2. Experience Requirements: a. Minimum of Eight (8) years of police officer experience; and b. currently hold the rank of Police Lieutenant with the Allen Police Department. C. DEPUTY CHIEF OF POLICE 1. Education and Certificate Requirements: a. TCLEOSE Master Peace Officer Certificate; b. Minimum of a Bachelor's Degree. Ordinance No. 267511-07, Page 34 EXHIBIT "A" Ron a5 Attachment Npmba 4 Page 4 of 6 General Order 3700 / Promotional Process and Requirements 3703 ' 2. Experience Requirements:. a. Minimum of ten (10) years law enforcement experience; and b. currently hold the rank of Police Lieutenant or above with the Allen Police Department. V1. PROMOTIONAL PROCESS A. POLICE CORPORAL 1. Phases of the promotional process are as follows 1 Ordinance No. 267511-07, Page 35 a. Validated Written Examination Administered, which shall count 500% towards the candidate's total score. Candidates must score a minimum of 70% to continue to the next phase of the promotional process. b. Oral Interview Board, which shall count 50% toward the - - - - - candidate's total score. Candidates must store a minimum of 14 out of a possible 25 points to continue to the next phase of the promotional process. ' C. Longevity points will be added to final overall combined written examination percentage and oral board percentage store. Candidates shall receive one half (Ya) point per year of service with the Allen Police Department up to five (5) points. The calculation of longevity points will take place from the last day in February each yea. d. Candidates shall be ranked by their overall combined test scores and shall be interviewed by the Chief of Police accordingly. In the event the Chief of Police elects to promote outside the ranking order, the Chief of Police shall submit a justification letter to the City Manager. e. Candidates must pass each phase in the promotional process before proceeding to the next phase. f. In the event of a tie, the following tie breakers shall come into action. The first tie breaker shall be the actual written examination score. The second tie breaker shall be the actual oral board score. 1 Ordinance No. 267511-07, Page 35 EXHIBIT "A" Item g5 Attachment Nymber 4 Page 5 of 6 General Order 3700 / Promotional Process and Requirements 3704 ' 2. Police Corporal written examinations will be conducted in February of each year. Should there be no current position(s) available at the time of the examination; an eligibility list will be established. The eligibility list will be in effect from the test date to the following test date. Additional testing can be authorized in cases of operational necessity if the eligibility list is exhausted as deemed necessary by the Chief of Police. B. POLICE SERGEANT 1. Phases of the promotional process are as follows a. Validated Written Examination Administered, which shall count 50% towards the candidate's total score. Candidates must score a minimum of 70% to continue to the next phase of the promotional process. It. Oral Interview Board, which shall count 50% toward the candidate's total score. Candidates must score a minimmn of 14 out of a possible 25 points to continue to the next phase of the promotional -process: - -- c. Longevity points will be added to final overall combined written examination percentage and oral board percentage score. ' Candidates shall receive one half (%z) point per year of service with the Allen Police Department up to five (5) points. The calculation of longevity points will take place from the last day in February each year. d. Candidates shall he ranked by their overall combined test scores and shall be interviewed by the Chief. of Police accordingly. In the event the Chief of Police elects to promote outside the ranking order, the Chief of Police shall submit a justification letter to the City Manager. C. Candidates must pass each phase in the promotional process before proceeding to the next phase. f. In the event of a tie, the following tie breakers shall come into action. The first tie breaker shall be the actual written examination score. The second tie breaker shall be the actual oral board score. 2. Police Sergeant written examinations will be conducted in January of each year. Should there be no current position(s) available at the time of the examination; an eligibility list will be established. The ' eligibility list will be in effect from the test date to the following test date. Ordinance No. 2675-11-07, Page 36 EXHIBIT "A" Item #5 Attachment Number 4 Page 6 of 6 General Order 3700 / Promotional Process and Requirements 3705 ' Additional testingcan be authorized in cases of operational necessity if the eligibility list is exhausted as deemed necessary by the Chief of Police. C. POLICE LIEUTENANT, CAPTAIN AND DEPUTY CHIEF 1. The selection process shall include, for Lieutenant, Captain and Deputy Chief of Police, those written examinations, oral boards, assessment centers or other procedures as deemed necessary by the Chief of Police. 2. In the event of no qualified or interested candidates; the Chief of Police will be authorized to consider applications from candidates not currently employed by the Allen Police Department that meet the minimum, education and certification requirements as set forth by the Chief of Police. VII. EFFECTIVE DATE A. Any previous directive, rule, order or regulation that pertains to this subject matter and its amendments shall remain in full force and effect for any violation(s) which - - -occurprior to the effective date of this General Order. - - - -- - B. If any section, sentence, clause or phrase of this General Order is, for any reason, ' held to be invalid, such decision shall not affect the validity of the remaining portions of this General Order. L1 C. All training on this General Order will be in accordance with General Order 100, Written Directive System, Chapter VRI, Training. D. The effective date is stated in the header block of this General Order. Ordinance No. 267511-07, Page 37