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HomeMy WebLinkAboutO-2265-2-04I� 17 ORDINANCE NO. 2265-2-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A PERSONNEL POLICY FOR THE CITY OF ALLEN POLICE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A CONFLICT PROVISION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen believes it is in the public's best interest to have a Police Department which provides professional and uniformed service during Public Safety Emergencies; and, WHEREAS, the City of Allen finds that establishing policies and procedures for the Allen Police Department creates continuity and insures professionalism and training; and, WHEREAS, a uniform policy applied equally throughout the Department creates confidence in the minds of administrators and employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Police Department's General Orders attached as Exhibit "A" and incorporated herein are hereby approved and adopted. SECTION 2. All provisions of the ordinances of the City of Allen, Texas, in conflict with the provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3. If any article, paragraph, subdivision, clause or provision of this ordinance, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 4. This Ordinance shall take effect immediately upon its passage as the law and charter in such cases provide; and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24ra DAY OF FEBRUARY. 2004. APPROVED AS TO FORM: APPROVED: Stephl, MAYOR ATTEST: 4:a-2& g462LA �er G. Smith, C ATTORNEYG. Smith, C ATTORNEY Shelley B. Gmrg4,-TRMC, CITY SECRETARY EXHIBIT "A" ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: DISCIPLINE/COMPLAINTS NUMBER: 300 AGAINST POLICE PERSONNEL EFFECTIVE DATE: 01-16-04 REVIEW DATE: 01-2006 AMENDS/SUPERSEDES: G.O. 300 issued 02-26-03 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 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: Appeals and Grievance Behavioral Cause Investigations Burden of Proof Classifications Complaint (Defined) Criminal Misconduct Discipline Emergency Relief from Duty Internal Affairs Division PURPOSE Personnel Incident Fom 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. 2265-2-04 EXHIBIT "A" —Page 1 of 48 EXHIBIT "A„ 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. IIL 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 must 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 Make 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. A copy of"How to Make a Complaint" is found in the appendix of this order. 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: ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 2 of 48 EXHIBIT "A" General Order 300 - Discipline/Complaints Against Police Personnel 302 Recognition of excellent job performance through rewards or awards 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 citizen -community groups or media coverage. 2. Discussion and Counseling 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 non-compliance 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. Non -Disciplinary Action - Oral or written counseling given to employee to bring attention to noted job performance deficiencies or chronic regulation infractions in an effort to induce voluntary compliance. G. Personnel Incident Form (APD -28) - Form, used by the supervisor who initially receives information, to report details of alleged employee misconduct or to report favorable actions of an employee. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 3 of 48 EXHIBIT "A" General Order 300—Discipline/Complaints Against Police Personnel 303 H. Preliminary Investigation - To determine if the allegation is valid by a person(s) with personal knowledge. Level I Complaints 1. Crime - Complaint of involvement in criminal conduct, such as bribery, theft, perjury, 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. J. Level 11 Complaints 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. V. REQUIREMENTS FOR MAKING FORMAL COMPLAINTS Personnel complaints shall be conducted in accordance with Section 614.022, Government Code, as interpreted by the City Attorney's office. ORDINANCE NO. 2265-2-04 EXHBIT "A" — Page 4 of 48 EXHIBIT "A" General Order 300- Discipline/Complaints Against Police Personnel 304 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. B. A signed letter of complaint may be sufficient after verification that it is not fictitious or signed with a fictitious name. 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, thecomplaint 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 VIII. Anonymous complaints shall be investigated by the Internal Affairs Division, only at the specific direction of the Chief of Police. If a preliminary investigation identifies a violation, the formal complaint shall be signed by a member of the Internal Affairs Division. A. All Level I complaints may be formally investigated by Internal Affairs personnel unless otherwise authorized by the Chief of Police. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 5 of 48 EXHBIIT "A" General Order 300— Discipline/Complaints Against Police Personnel 305 B. Level B complaints shall be initiated by Personnel Incident Form (APD -28) and conducted at shift, unit or division level with prior approval and appropriate staff supervision. Level II complaints which are conducted at the shift, unit or division level shall be subject to non -disciplinary action only, unless progressive discipline applies. Level B complaints which are investigated at the shift, unit or division level may be subject to disciplinary action, only at the authorization ofthe Chief of Police. Level B complaints may be forwarded to the Internal Affairs Division for a formal investigation, at the request of a supervisor, with the approval of the Chief of Police. Level B complaints which are formally investigated by Internal Affairs shall be subject to the full range of disciplinary actions, up to and including termination of employment. IX. AUTHORITY AND RESPONSIBILITY A. All Employees Non -supervisory personnel shall utilize their chain of command to report infractions. Non -supervisory personnel may report infractions directly to the Internal 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. Each participating employee in a complaint investigation shall submit all affidavits and memoranda that are required by the investigator of the complaint. B. Supervisors Supervisory and command personnel shall initiate an APD Personnel Incident Form (APD -28) when they become aware of an infraction by any member of the Department. 2. Violations designated as Level II infractions shall be investigated entirely at shift, unit or division level. Non -disciplinary action, unless forwarded to Internal Affairs for a formal investigation, will also be conducted 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 6 of 48 EXHIBIT "A„ General Order 300 —Discipline/Complaints Against Police Personnel 306 4. Any employee who initially becomes aware of another employee's involvement in a Level I incident, shall inform the on -duty supervisor or his designee. If the violation is of a serious nature, the on -duty supervisor or his designee shall notify the respective Division Commander. The Division Commander shall then notify the Assistant Chief of Police or the Chief of Police directly. In any event, the Chief of Police will be informed of the details of the incident. The Chief of Police or his designee will then determine whether to relieve the accused employee from duty. C. Internal Affairs Division 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 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. Internal Affairs Division shall investigate: a. all Level I complaints unless otherwise directed by the Chief of Police; b. all complaint referrals from the City Manager unless otherwise directed by the Chief of Police; all allegations of excessive force. 4. Internal Affairs personnel shall exercise staff supervision over all Level II investigations as outlined in Section VIII., B. 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. ORDINANCE NO. 2265.2-04 EXHIBIT "A" — Page 7 of 48 EXHIBIT "A" General Order 300 —Discipline/Complaints Against Police Personnel 307 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 Internal Affairs personnel are unavailable, complainants shall be referred to an on -duty Patrol 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); 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 supervisor shall advise him to appear in person so that an affidavit may be obtained. If the complainant cannot appear in person, advise the complainant to send a signed letter, addressed directly to the Chief of Police; C. send the original affidavit, if obtained at the time of the initial complaint and the Personnel Incident Form (APD -28), without employee response, directly to the Chief of Police. No copies of the affidavit shall be forwarded to any other individual(s); 3. The Chief of Police or his designee shall examine the content of the complaint to determine if it meets the requirements of a complaint, i.e. alleges a violation of the law or the regulations of the Department and/or the City of Allen. 4. The Chief of Police will have Internal Affairs personnel assign a control number to the case and he will then designate an investigator to examine the allegation. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 8 of 48 EXHIBTT "A" General Order 300 - Discipline/Complaints Against Police Personnel 308 5. 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 may be required to respond, both orally and in writing, to the complaint. B. Level II Comnlaints 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. 2. When Internal Affairs personnel are unavailable, complainants shall he referred to an on -duty supervisor who will: interview the complainant in person or by telephone to obtain all pertinent information, so that the complaint may be placed on a Personnel hicident Form; b. send the original Personnel Incident Form to the Internal Affairs Division for further determination of complaint classification; 3. When a Level II complaint is received by Internal Affairs and the investigation is to be completed at the shift, unit or division level, the investigative file will be set up and delivered to the appropriate shift, unit or division supervisor who shall investigate the allegation. The investigation will be properly documented and submitted to the Chief of Police for approval. C. The accused employee may be required to report to the Internal Affairs Division at the onset of an investigation and may 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 Division Commander and shall then forward a Personnel Incident Form (APD -28), detailing the violation, directly to the Internal Affairs Division. B. Investigative personnel of the Internal Affairs Division will examine the content of the Personnel Incident Form (APD -28) to determine ifthe requirements of a complaint, i.e. allegations of a violation of law, the General Orders ofthe Department or the City of Allen Personnel Policies and Procedures, are stipulated. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 9 of 48 EXHIBIT "A" General Order 300- Discipline/Complaints Against Police Personnel 309 C. Internal Affairs personnel will assign a control number to the case and then report to the Chief of Police, who will designate an investigator to examine the allegation. 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. 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). F. The accused employee may be required to report to Internal Affairs at the onset of an investigation, if deemed necessary and may be required to respond, both orally and in writing, to the complaint. 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 Garrity v. 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., Supervisor'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 non -criminal 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 10 of 48 EXHIBIT "A" General Order 300- Discipline/Complaints Against Police Personnel 310 C. Counsel's Presence During Interview 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 v. 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 wanting during an administrative investigation. The employee shall be directed to read and sign the Internal Investigation Wanting and shall be provided with a copy. D. Search of Equipment I. Internal Affairs personnel may, at the direction ofthe Chief of Police, 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. 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 Internal Affairs Division, to undergo a behavioral cause investigation, blood test or polygraph 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 11 of 48 EXHIBIT "A" General Order 300 — Discipline/Complaints Against Police Personnel 311 Polvgraoh 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. 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. L 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.B.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 be 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" —Page 12 of 48 EXHHiIT "A" General Order 300 — Discipline/Complaints Against Police Personnel 312 5. 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: 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 property conducted lineup is grounds for disciplinary action, up to and including termination. I. A photo identification back of Department employees may be 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. XIII. COMPLETION OF COMPLAINT INVESTIGATION A. Upon conclusion of an 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 13 of 48 EXHIBIT "A" General Order 300-Discipline/Complaints Against Police Personnel 313 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 Division Commander so that preventive measures can be taken to avoid similar complaints in the future. XIV. CONFIDENTIALITY OF INVESTIGATIONS 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 ofthe 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; 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 be 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 Chief of Police or his designee. B. The Chief of Police or his designee will solicit recommendations for disciplinary action from the immediate supervisor of the involved employee(s) and from each member of the Executive Staff. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 14 of 48 I*Al l l:3 Y NW.% General Order 300 - Discipline/Complaints Against Police Personnel 314 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: 1. 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 for violations 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 Chief of Police. E. When all recommendations have been received in the Office of the Chiefof Police, a meeting will be held, with all personnel involved in the recommendation process, to conduct a final review and analysis of all recommendations received. A final decision will then 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 15 of 48 EXHIBIT"A" General Order 300—Discipline/Complaints Against Police Personnel 315 B. Level II Infractions Level I1 infractions which are classified as sustained, following an administrative investigation shall be subject to the following non -disciplinary actions only, unless formally investigated by the Internal Affairs Division or if progressive discipline applies. 1. Verbal Warning - The purpose of a verbal wanting 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 to the Chief of Police for disposition. Upon request of the employee, the documentation of the verbal warning may be removed from the file and destroyed after a period of one year. 2. Written Warning - 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. The supervisor shall document the violation on a Personnel Incident Form and forward same to the Chief of Police, through the chain of command, with a recommendation for a written warning. Upon approval 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, 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 Chief of Police. C. Level I Infractions Level I infractions, which are classified as sustained, are subject to the following types of disciplinary action and can only be assessed by the Chief of Police. The Assistant Chief of Police may assess the following types of disciplinary action with prior approval from the Chief of Police, or if the Chief of Police is incapacitated for any reason. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 16 of 48 EXHIBIT "A" General Order 300—Discipline/Complaints Against Police Personnel 316 a. Written Reprimand b. Suspension; 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. The Chief of Police may solicit recommendations for disciplinary action, as he deems necessary. 3. Sustained Level I infractions are also subject to the non -disciplinary actions, described in paragraph B of this Section, if so ordered by the Chief of Police. XVII. SPECIAL PROCEDURES 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. 2. When an employee of the Department is apprehended in the act of committing a criminal violation, the following shall apply: 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. b. 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 arresting officer shall immediately notify his supervisor who shall then immediately notify his respective Division Commander. The Division Commander will make the notification required by General Order 3200- Notification Procedures. ORDINANCE NO. 2265-2-04 EXHIBIT "A" —Page 17 of 48 EXHIBIT "A" General Order 300—Discipline/Complaints Against Police Personnel 317 C. If the criminal offense is a Class `B" or above, the employee's supervisor shall immediately notify the Chief of Police or his designee to make the determinations described in Section of this Chapter. 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 Chief of Police. B. Devartmental Vehicle Accidents 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, Agency Owned Vehicles. C. Emergency Relief from Duty. Suspension or Discharge 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. 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. 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 18 of 48 EXHIBIT "A" General Order 300- Discipline/Complaints Against Police Personnel 318 XVIII. APPEALS AND GRIEVANCES When discipline is administered by the Assistant Chief of Police appeals and grievances may he 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. All other appeals and grievances may be filed by any employee in accordance with the City of Allen 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 Any Department employee who exhibits unusual or abnormal behavior, which can reasonably be expected to prevent that employee from accomplishing his assigned duties. 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" - Page 19 of 48 EXHHIIT "A" General Order 300—Discipline/Complaints Against Police Personnel 319 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 -Injection into a Behavioral Cause Investigation 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 I. 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 fium 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. 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 maybe 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. 2. When a supervisor becomes aware of a suspected behavioral problem and/or any of the administrative actions have taken place as described in Section XVIII, paragraph F.1., he shall submit a confidential memorandum to the Chief of Police, through the supervisor's chain of command, for his consideration. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 20 of 48 EXHIBIT "A" General Order 300 — Discipline/Complaints Against Police Personnel 320 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. 2265-2-04 EXHIBIT "A" — Page 21 of 48 EXHIBIT "A" ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: CAREER DEVELOPMENT NUMBER: 1600 EFFECTIVE DATE: 01-15-04 REVIEW DATE: 01-2006 AMENDS/SUPERSEDES: 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 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. II. 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 their job assignments as well as individual growth opportunities. III. DEFINITION ' Career Develonment — The progression from a simpler or lower to a more advanced, mature, complex stage of a profession or occupation. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 22 of 48 EXHDIIT "A" ' General Order 16101 Career Development 1601 IV. 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 throughout the year, 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: Education Level of the employee; 2. Certification Level; 3. Other Education/Experience/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 employees training records by the Training Coordinator. ORDINANCE NO. 2265-2-04 EXRDiIT "A" — Page 23 of 48 EXHIBIT "A" General Order 1600 / Career Development 1602 VI. TRAINING VII. 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. 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. 17 D. The effective date is stated in the header block of this General Order. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 24 of 48 [1 EXHIBIT "A" ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: HIRING/ RECRUITING PROCESS NUMBER: 1700 EFFECTIVE DATE: 01-15-04 REVIEW DATE: 01-2006 AMENDS/SUPERSEDES: Special Order 01-04 APPROVED: Chief of Police CALEA STANDARDS: 31.1.1,31.1.2, 31.2.1, 31.2.3, 31.3.1,31.3.2, 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. II. 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. 2265-2-04 EXHIBIT "A" — Page 25 of 48 EXHIBIT "A" General Order 1700/Hiring Process 1701 A. Phase One 1. City of Allen application completed and turned in to City of Allen Human Resources Department. B. Phase Two 1. Screening of application by City of Allen Human Resources Personnel and 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 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 proceed to the next phase of testing for the particular position applied for (i.e. typing tests, etc.). D. Phase Four 1. Physical Assessment a. The physical assessment will be conducted immediately 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 of 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. ' 1. 1.5 mile run 14:36 —16:28 2. 300 meter run 63.0-71.0 ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 26 of 48 EXHIBIT"A" General Order 1700 / Hiring Proem 1702 3. Vertical Jump 16.0" — 18.5' 4. 1 rep maximum bench press .64% -.82% of the body weight 5. Sit-ups (in one (1) minute) 29-35 6. Push-ups (in one (1) minute) 25 — 28 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 usually for sworn positions only, but could be used for testing ofjailer applicants who may have to perform some of the same physical functions that a swom officer would have to during his tour of duty. C. Personal History Statements will be given to each 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. Incomplete Personal History Statements will be rejected. E. Phase Five Comprehensive Background Investigation a. The background investigator will conduct a preliminary interview with the applicant prior to starting the investigation to ensure that all information is verified on the submitted Personal History Statement. 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. C. 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. ORDINANCE NO. 2265-2-04 EXHIBIT "A" —Page 27 of 48 EXHIBIT "A" ' General Order 1700 / Hiring Process F. Phase Six 1. Oral Interview Board 1703 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 from a Division Commander 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. G. Phase Seven 1. Polygraph Examination a. Applicants will he 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. C. Admissions made during the polygraph examination will be used to assist in determining the applicant's acceptability. H. Phase Eight 1. Psychological Examination 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. 1. Phase Nine 1. Medical/Physical Examination ' a. A medical examination, conducted by a licensed physician chosen by the department, will be administered to all applicants. This examination will consist of the following: ORDINANCE NO. 2265-2-04 EXHIBIT "A^ — Page 28 of 48 EXHIBIT"A" General Order 1700/ Hiring Process 1704 1. Hearing Test — all applicants must posses hearing with less than a 30 decibel loss at every level tested, either corrected or uncorrected in each ear. Uncorrected hearing cannot exceed a 60 decibel loss in each ear. 2. Vision Screening — all applicants must posses 20/20 vision, either corrected or 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 color 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. b. The Physical Capacity Assessment is usually conducted for sworn 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 1. Drug Screen Examination a. 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 Chief of Police a. Upon successfully completing the final interview with the Chief of Police, the applicant will be given a final job offer and a date of hire. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 29 of 48 1 General Order 1700 / Hiring Process IV. kv VI. EXHIBIT "A" 1705 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. 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 recruits will attend a Probationary Police Officer School and must successfully pass the program in order to satisfy the requirements of their probationary status. LATERAL ENTRY 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 and approved by the Chief of Police. 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: 1. 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; ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 30 of 48 EXHIBIT "A" General Order 1100/ Hiring Process 1706 4. Initiating the Hiring Process, as described above, once a vacancy within the department becomes available. 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. VIII. 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. 2265-2-04 EXHIBIT "A" — Page 31 of 48 I 1 EXHIBIT "A" ALLEN POLICE DEPARTMENT GENERAL ORDERS SUBJECT: PROMOTIONAL PROCESS Swot Personnel NUMBER: 3700 EFFECTIVE DATE: 12 - 02 - 03 REVIEW DATE: 12 - 2005 AMENDS/SUPERSEDES: G.O. 3700 issued 07-20-00 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 Promotional Process Education and Training Requirements Experience Requirements Medium Sized Department Police Corporal IaNR013a Police Sergeant Police Lieutenant Police Captain Assistant Chief of Police Large Sized Department A. The purpose of this General Order is to establish guidelines and requirements for promotions within the Allen Police Department, ultimately allowing officers to pursue three levels in their career development. 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. B. This General Order is a revised version of the five (5) yew plan which details career development standards for all sworn personnel of this Department. ORDINANCE NO. 2265-2-04 EXIIIBIT "A" — Page 32 of 48 EXHIBIT "A" General Order 3700 / Promotional Process and Requirements 3701 IL 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. Note: Should the promotional process begin prior to the December 31 dateline of each calendar year and extend into the next calendar year, the standards established for the previous year shall apply to that specific promotional process. III. DEFINITIONS A. Medium Sized Department — is defined as a law enforcement agency comprised of fifty (50) sworn officers up to and including two hundred fifty (250) sworn officers. B. Large Sized Department — is defined as a law enforcement agency comprised of any number of swom officers exceeding two hundred fifty (251 and up). ' IV. Requirements for January 1, 2004 through December 31, 2004 A. POLICE CORPORAL L Education and Certificate Requirements a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D. 2. Experience Requirements: a. Four (4) years of law enforcement experience; either b. Four (4) or more years continuous service as a Police Officer with the Allen Police Department; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years prior, full time law enforcement experience. ' B. POLICE SERGEANT 1. Education and Training Requirements: ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 33 of 48 EXHIBIT "A" General Order 3700 / Promotional Proem and Requirements 3702 a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; and C. Must have begun working toward College Semester credits, either enrolled or previously completed and awarded semester credit(s); d. Prior experience at the rank of Corporal or above, in a medium or large sized department, may be substituted for college credits, with the approval of the Chief of Police. 2. Experience Requirements: a. Five (5) years of law enforcement experience; b. Three (3) years of service with the Allen Police Department; and C. Most currently hold the rank of Police Corporal; or d. One (1) year service with the Allen Police Department and a ' minimum of three (3) years experience at the rank of Corporal or above held with a medium or large sized department. C. POLICE LIEUTENANT 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; and C. Twenty (20) College Semester credits. d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for college credits, with the approval of the Chief of Police. 2. Experience Requirements: a. Eight (8) years law enforcement experience; b. Three (3) years of service with the Allen Police Department and a minimum of one (1) year experience at the rank of Police Sergeant; or ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 34 of 48 11 II IJ EXHIBIT "A" General Order 3700/ Promotional Process and Requirements 3703 C. One (1) year service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above held with a medium or large sized department. D. POLICE CAPTAIN 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; and C. Twenty five (25) College Semester credits. d. Prior experience at the rank of Lieutenant or above, in a medium or large sized department, may be substituted for college credits, with the approval of the Chief of Police. 2. Experience Requirements: a. Ten (10) years law enforcement experience; b. Three (3) years of service with the Allen Police Department and a minimum of one (1) year experience at the rank of Police Sergeant or above; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. E. ASSISTANT CHIEF OF POLICE 1. Education and Training Requirements: a. TCLEOSE Master Certificate; and a b. Bachelors Degree 2. Experience Requirements: a. Twelve (12) years law enforcement experience; b. Five (5) years of service with the Allen Police Department and a minimum of one (1) year experience at the rank of Police Lieutenant or above; or ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 35 of 48 EXHIBIT "A" ' General Order 3700 / Promotional Process and Requirements 3704 C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. V. Requirements for January 1, 2005 throueh December 31, 2005 A. POLICE CORPORAL 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D. 2. Experience Requirements: a. Four (4) years of law enforcement experience; either b. Four (4) or more years continuous service m a Police Officer with the Allen Police Department; or ' C. One (1) year of service with the Allen Police Department and a minimum of three (3) years prior, full time law enforcement experience. B. POLICE SERGEANT 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; and C. Fifteen (15) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for college credits, with the approval of the Chief of Police. 2. Experience Requirements: ' a. Five (5) years of law enforcement experience; either b. Three (3) years of service with the Allen Police Department; and ORDINANCE NO. 2265.2-04 EXHIBIT "A" — Page 36 of 48 EXHIBIT "A" ' General Order 3700 / Promotional Process and Requirements 3705 a minimum of one (1) year experience at the rank of Police Corporal with the Allen Police Department; or C. One year of service with the Allen Police Department a minimum of three (3) years experience at the rank of Corporal or above held with a medium or large sized department. C. POLICE LIEUTENANT 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Forty five (45) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for twenty (20) college credits. ' 2. Experience Requirements: a. Eight (8) years law enforcement experience; b. Three (3) years service with the Allen Police Department and a minimum of one (1) year experience at the rank of Police Sergeant; or C. One (1) year service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above held with a medium or large sized department. D. POLICE CAPTAIN 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Sixty (60) College Semester credits; ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 37 of 48 EXHIBIT "A" General Order 3700 /Promotional Process and Requirements 3706 d. Prior experience at the rank of Lieutenant or above, in a medium or large sized department, may be substituted for twenty (20) college credits. 2. Experience Requirements: a. Ten (10) years law enforcement experience; b. Three (3) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Sergeant or above; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. E. ASSISTANT CHIEF OF POLICE 1. Education and Certificate Requirements: a. TCLEOSE Masters Certificate; b. Bachelors Degree. 2. Experience Requirements: a. Twelve (12) years law enforcement experience; b. Five (5) years of service with the Allen Police Department and a minimum of two (2) year experience at the rank of Police Lieutenant or above; or C. Two (2) years service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. VI. Requirements for January 1, 2006 through December 31, 2006 A. POLICE CORPORAL 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 38 of 48 EXHHIIT "A" ' General Order 3700 / Promotional Proem and Requirements 3707 C. Fifteen (15) College Semester Credits; d. Prior experience at the rank of Corporal or above, in a medium or large sized department, may be substituted for college credits, with the approval of the Chief of Police. 2. Experience Requirements: a. Four (4) years of law enforcement experience; either b. Four (4) or more years continuous service as a Police Officer with the Allen Police Department; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years prior, full time law enforcement experience. B. POLICE SERGEANT 1. Education and Training Requirements: ' a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; C. Thirty (30) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for fifteen (15) college credits. 2. Experience Requirements: a. Five (5) years of law enforcement experience; either b. Four (4) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Corporal with the Allen Police Department; or C. One (1) year of service with the Allen Police Department a minimum of three (3) years experience at the rank of Corporal or ' above held with a medium or large sized department. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 39 of 48 EXHIBIT "A" General Order 3700/ Promotional Process and Requirements 3708 C. POLICE LIEUTENANT 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. sixty (60) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for twenty (20) college credits. 2. Experience Requirements: a. Eight (8) years law enforcement experience; b. Four (4) years service with the Allen Police Department and a minimum of two (2) year experience at the rank of Police ' Sergeant; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above held with a medium or large sized department. D. POLICE CAPTAIN 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Associate Degree or seventy-five (75) College Semester credits; d. Prior experience at the rank of Lieutenant or above, in a medium or large sized department, may be substituted for twenty (20) college. credits. 2. Experience Requirements: ' a. Twelve (12) years law enforcement experience; ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 40 of 48 EXHIBIT "A" ' General Order 37001 Promotional Process and Requirements 3709 b. Four (4) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. E. ASSISTANT CHIEF OF POLICE 1. Education and Certificate Requirements: a. TCLEOSE Master Peace Officer Certificate; and a b. Bachelors Degree. 2. Experience Requirements: a. Fourteen (14) years law enforcement experience; ' b. Eight (8) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Lieutenant or above; or C. Three (3) years service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. VII. Requirements for January 1, 2007 throueh December 31, 2007 A. POLICE CORPORAL 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; and C. Thirty (30) College Semester Credits; d. Prior experience at the rank of Corporal or above, in a medium or ' large sized department, may be substituted for fifteen (15) college credits. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 41 of 48 EXHIBIT "A" General Order 3700 / Promotional Process and Requirements 3710 2. Experience Requirements: a. Four (4) years of law enforcement experience; either b. Four (4) or more years continuous service as a Police Officer with the Allen Police Department; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years prior, full time law enforcement experience. B. POLICE SERGEANT 1. Education and Training Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; C. Forty-five (45) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for up to 20 college credits. 2. Experience Requirements: a. Five (5) years of law enforcement experience; either b. Four (4) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Corporal with the Allen Police Department; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Corporal or above held with a medium or large sized department. C. POLICE LIEUTENANT 1. Education and Training Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; ORDINANCE NO. 2265-2-04 EXHIBIT "A" —Page 42 of 48 EXHIBIT "A" General Order 3700 / Promotional Process and Requirements 3711 C. Associate Degree or sixty-five (65) College Semester credits; d. Prior experience at the rank of Lieutenant or above, in a medium or large sized department, may be substituted for up to 20 college credits. 2. Experience Requirements a. Ten (10) years law enforcement experience; b. Four (4) years service with the Allen Police Department and a minimum of two (2) year experience at the rank of Police Sergeant; or C. Two (2) years service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above held with a medium or large sized department. D. POLICE CAPTAIN I1. Education and Training Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Ninety (90) College Semester credits; d. Prior experience at the rank of Captain or above, in a medium or large sized department, may be substituted for up to 20 college credits. 2. Experience Requirements: a. Twelve (12) years law enforcement experience; b. Five (5) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above; or C. Two (2) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above held with a medium or large sized department. ORDINANCE NO. 2265-2-04 EXHIBIT "A"— Page 43 of 48 EXHIBIT "A" General Order 3700/Promotional Process and Requirements 3712 E. ASSISTANT CHIEF OF POLICE 1. Education and Training Requirements: a. TCLEOSE Master Peace Officer Certificate; b. Bachelor Degree; 2. Experience Requirements: a. Fifteen (15) years law enforcement experience; b. Eight (8) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Lieutenant or above; or C. Three (3) years service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. ' VIII. Requirements for January 1, 2008 through December 31, 2008 A. POLICE CORPORAL 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; and C. Forty-five (45) College Semester Credits; d. Prior experience at the rank of Corporal or above, in a medium or large sized department, may be substituted for up to 15 college credits. 2. Experience Requirements: a. Four (4) years of law enforcement experience; either b. Four (4) or more years continuous service as a Police Officer with ' the Allen Police Department; or ORDINANCE NO. 2265-2-04 EXHD3IT "A" — Page 44 of 48 EXHIBIT "A" General Order 3700 / Promotional Process and Requirements 3713 C. One (1) year of service with the Allen Police Department and a minimum of three (3) years prior, full time law enforcement experience. B. POLICE SERGEANT 1. Education and Certificate Requirements: a. TCLEOSE Intermediate Certificate; b. High School Diploma or G.E.D.; C. Associate Degree or sixty-five (65) College Semester credits; d. Prior experience at the rank of Sergeant or above, in a medium or large sized department, may be substituted for up to 10 college credits. 2. Experience Requirements: ' a. Five (5) years of law enforcement experience; either b. Four (4) years of service with the Allen Police Department and a minimum of two (2) years experience at the rank of Police Corporal with the Allen Police Department; or C. One (1) year of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Corporal or above held with a medium or large sized department. C. POLICE LIEUTENANT 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Ninety (90) College Semester credits; d. Prior experience at the rank of Lieutenant or above, in a medium or ' large sized department, may be substituted for up to 10 college credits. ORDINANCE NO. 2265-2-04 EXHIBIT "A" —Page 45 of 48 EXHIBIT "A" ' General Order 3700 / Promotional Process and Requirements 3714 2. Experience Requirements: a. Ten (10) years law enforcement experience; b. Five (5) years service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant; or C. Three (3) years service with the Allen Police Department and a minimum of four (4) years experience at the rank of Police Sergeant or above held with a medium or large sized department. D. POLICE CAPTAIN 1. Education and Certificate Requirements: a. TCLEOSE Advanced Certificate; b. High School Diploma or G.E.D.; C. Bachelor Degree; ' 2. Experience Requirements: a. Twelve (12) years law enforcement experience; b. Five (5) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Sergeant or above; or C. Three (3) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above held with a medium or large sized department. E. ASSISTANT CHIEF OF POLICE 1. Education and Certificate Requirements: a. TCLEOSE Master Peace Officer Certificate; b. Bachelor Degree and graduate of either the F.B.I. National Academy or the Leadership Command College (formerly GMI) of ' the Bill Blackwood Law Enforcement Management Institute of Texas. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 46 of 48 EXHIBIT "A" General Order 37001 Promotional Process and Requirements 3715 2. Experience Requirements: a. Fifteen (15) years law enforcement experience; b. Eight (8) years of service with the Allen Police Department and a minimum of three (3) years experience at the rank of Police Lieutenant or above; or C. Four (4) years service with the Allen Police Department and a minimum of four (4) years experience at the rank of Police Captain or above held with a medium or large sized department. IX. PROMOTIONAL PROCESS A. POLICE CORPORAL 1. Phases of the promotional process are as follows: a. Validated Written Examination Administered; ' b. Oral Interview Board; C. Top three (3) candidates will interview with the Chief of Police. d. Candidates must pass each step in the promotional process before proceeding to the next phase. 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 list will be in effect from February through the last Friday of January the following year. B. POLICE SERGEANT 1. Phases of the promotional process are as follows: a. Validated Written Examination Administered; b. Oral Interview Board; C. Top three (3) candidates will interview with the Chief of Police. Id. Candidates must pass each step in the promotional process before proceeding to the next phase. ORDINANCE NO. 2265-2-04 EXHIBIT "A" — Page 47 of 48 EXHIBIT "A" ' General Order 3700 / Promotional Process and Requirements 3716 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 list will be in effect from January through the last Friday of December the same year. 11 C. POLICE LIEUTENANT, CAPTAIN AND ASSISTANT CHIEF The selection process shall include, for Lieutenant, Captain and Assistant Chief of Police, those written examinations, oral boards, assessment centers or other procedures as deemed necessary by the Chief of Police. X. 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. 2265-2-04 EXHIBIT "A" — Page 48 of 48