Austin Police Department

General Orders

Published with permission by Austin Police Department

Chief's Message - 1

CHIEF'S MESSAGE

I am proud to present the newest edition of the Austin Police Department General Orders. The

General Orders are designed to assist all employees in accomplishing the Department's mission

in a professional and lawful manner. Adherence to these orders also helps safeguard employees

and the Department against civil litigation and ensures that employees will be protected when their

individual actions are scrutinized, especially after a critical incident.

All employees will abide by these orders and are responsible for keeping themselves current on

the content of this manual.

Stay safe,

Joseph Chacon

Chief of Police

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Published with permission by Austin Police Department

Law Enforcement Code of Ethics - 2

LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard

lives and property; to protect the innocent against deception, the weak against oppression or

intimidation and the peaceful against violence or disorder; and to respect the constitutional rights

of all to liberty, equality and justice.

I will keep my private life unsullied as an example to all and will behave in a manner that does

not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger,

scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest

in thought and deed both in my personal and official life, I will be exemplary in obeying the law

and the regulations of my department. Whatever I see or hear of a confidential nature or that is

confided to me in my official capacity will be kept ever secret unless revelation is necessary in

the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations,

animosities or friendships to influence my decisions. With no compromise for crime and with

relentless prosecution of criminals, I will enforce the law courteously and appropriately without

fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting

gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be

held so long as I am true to the ethics of police service. I will never engage in acts of corruption

or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally

authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take

every reasonable opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my

chosen profession . . . law enforcement.

IACP Code of Ethics, adopted 37 Tex. Admin. Code § 1.112

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Canons of Police Ethics - 3

CANONS OF POLICE ETHICS

Article 1: Primary Responsibility of Job

The primary responsibility of the police service, and of the individual officer, is the protection

of people of the United States through the upholding of laws. Chief among these laws is the

Constitution of the United States and its Amendments. The law enforcement officer always

represents the whole of the community and it's legally expressed will and is never the arm of any

political party or clique.

Article 2: Limitations of Authority

The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him

in enforcing it. Because he represents the legal will of the community, be it local, state, or federal,

he must be aware of the limitations and proscriptions which the people, through the law, have

placed upon him. He must recognize the genius of the American system of government which

gives to no man, groups of men, or institutions, absolute power; and he must ensure that he, as

a prime defender of that system, does not pervert its character.

Article 3: Duty to be Familiar with the Law and with Responsibilities of Self and Other Public

Officials

The law enforcement officer shall assiduously apply himself to the study of the principles of the

laws which he is sworn to uphold. He will make certain of his responsibilities in the particulars

of their enforcement, seeking aid from his superiors in matters of technicality or principle when

these are not clear to him. He will make special effort to fully understand his relationship to other

public officials, including other law enforcement agencies, particularly on matters of jurisdiction,

both geographically and substantively.

Article 4: Utilization of Proper Means to Gain Proper Ends

The law enforcement officer shall be mindful of his responsibility to pay strict attention to the

selection of means in discharging the duties of his office. Violations of law or disregard for public

safety and property on the part of an officer are intrinsically wrong; they are self-defeating in that

they instill in the public mind a like disposition. The employment of illegal means, no matter how

worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be

honored, it must be by those who enforce it.

Article 5: Cooperation with Public Officials in the Discharge of Their Authorized Duties

The law enforcement officer shall cooperate fully with other public officials in the discharge of

authorized duties, regardless of party affiliation or personal prejudice. He shall be meticulous,

however, in assuring himself of the propriety, under the law, of such actions and shall guard against

the use of his office or person, whether knowingly or unknowingly, in any improper or illegal action.

In any situation open to question, he shall seek authority from his superior officer, giving him a

full report of the proposed service or action.

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General Orders

Canons of Police Ethics

Published with permission by Austin Police Department

Canons of Police Ethics - 4

Article 6: Private Conduct

The law enforcement officer shall be mindful of his special identification by the public as an

upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the

law or seeking to gain special privilege, cannot but reflect upon the police officer and the police

service. The community and the service require that the law enforcement officer lead the life of

a decent and honorable person. Following the career of a police officer gives no person special

perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition

of safeguarding the American republic. The officer who reflects upon this tradition will not degrade

it. Rather, he will so conduct his private life that the public will regard him as an example of stability,

fidelity, and morality.

Article 7: Conduct Toward the Public

The law enforcement officer, mindful of his responsibility to the whole community, shall deal with

individuals of the community in a manner calculated to instill respect for its laws and its police

service. The law enforcement officer shall conduct his official life in a manner such as will inspire

confidence and trust. Thus, he will be neither overbearing nor subservient, as no individual citizen

has an obligation to stand in awe of him nor a right to command him. The officer will give service

where he can, and will require compliance with the law. He will do neither from personal preference

or prejudice but rather as a duly appointed officer of the law discharging his sworn obligation.

Article 8: Conduct in Arresting and Dealing with Law Violators

The law enforcement officer shall use his powers of arrest strictly in accordance with the law and

with due regard to the rights of the citizen concerned. His office gives him no right to prosecute the

violator nor to mete out punishment for the offense. He shall, at all times, have a clear appreciation

of his responsibilities and limitations regarding detention of the violator. He shall conduct himself in

such a manner as will minimize the possibility of having to use force. To this end, he shall cultivate

a dedication to the service of the people and the equitable upholding of their laws, whether in the

handling of law violators or in dealing with the law abiding.

Article 9: Gifts and Favors

The law enforcement officer, representing government, bears the heavy responsibility of

maintaining, in his own conduct, the honor and integrity of all government institutions. He shall,

therefore, guard against placing himself in a position in which any person can expect special

consideration or in which the public can reasonably assume that special consideration is being

given. Thus, he should be firm in refusing gifts, favors or gratuities, large or small, which can, in the

public mind, be interpreted as capable of influencing his judgment in the discharge of his duties.

Article 10: Presentation of Evidence

The law enforcement officer shall be concerned equally in the prosecution of the wrong-doer and

the defense of the innocent. He shall ascertain what constitutes evidence and shall present such

evidence impartially and without malice. In so doing, he will ignore social, political, and all other

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Canons of Police Ethics

Published with permission by Austin Police Department

Canons of Police Ethics - 5

distinctions among the persons involved, strengthening the tradition of the reliability and integrity

of an officer's word.

Article 11: Attitude Toward Profession

The law enforcement officer shall regard the discharge of his duties as a public trust and recognize

his responsibility as a public servant. By diligent study and sincere attention to self-improvement,

he shall strive to make the best possible application of science to the solution of crime, and in the

field of human relationships, shall strive for effective leadership and public influence in matters

affecting public safety. He shall appreciate the importance and responsibility of his office and shall

hold police work to be an honorable profession rendering valuable service to his community and

country.

IACP Canons of Police Ethics, adopted 37 Tex. Admin. Code § 1.113

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Published with permission by Austin Police Department

Philosophy, Values, Vision and Mission - 6

PHILOSOPHY, VALUES, VISION AND MISSION

Philosophy of the Austin Police Department

The protection of life is the primary core value and guiding principle of the Austin Police

Department. As such, all employees will strive to preserve human life while recognizing that duty

may require the use of deadly force, as a last resort, after other reasonable alternatives have

failed or been determined impractical. The department's basic goal is to protect life, property, and

to preserve the peace in a manner consistent with the freedom secured by the United States

Constitution. It is our duty to guarantee these inalienable rights in strict accordance with the highest

principles of our society. Operating with the statutory and judicial limitations of police authority,

our role is to enforce the law in a fair and impartial manner. It is not our role to legislate, render

legal judgment, or punish.

Employees should, by professional attitude and exemplary conduct, ensure all persons are treated

with respect and courtesy. Employees should be cognizant of the fact that they are a part of

the community they serve and are accountable to the community for their decisions and the

consequences of those decisions. Employees should make every effort to involve the community

in problem solving, crime suppression, and crime prevention. Employees should strive to know the

residents they serve. Positive contact between employees and residents will enhance the public

understanding of the employee's role in society and help build partnerships from which crime and

fear of crime can be reduced.

Knowledge of the law itself and the ability to understand those ideals upon which the law is built

are the cornerstones of law enforcement. Compassion and discretion will play an important role

within the philosophy of any employee.

Employees of the Department are professionals. We must realize our main responsibility is the

protection of the community and the preservation of human life and dignity. We are guided by

the philosophy set forth here and the policies and procedures incorporated into this and other

Department manuals.

Department Values - I. C.A.R.E.

Integrity - the cornerstone of Police work; without it, public trust is lost.

Courage - to make the right professional decision.

Accountable - to the community, the Department, and coworkers.

Respect - of the community, the Department, and most importantly, self.

Ethical - professional actions and decision making.

Vision Statement: A trusted and respected Department that collaborates with our community to

make Austin the safest city in America.

Mission Statement: To keep you, your family, and our community safe through innovative

strategies and community engagement..

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General Orders

Published with permission by Austin Police Department

Supervisory Reference Guide - 7

SUPERVISORY REFERENCE GUIDE

200 Response to Resistance

206 Control Devices

208 Taser Guidelines

211 Response to Resistance Reporting Guidelines

214 Vehicle Pursuits

215 Foot Pursuits

306 Search and Seizure

318 Detention, Filed Interviews, and Field Photographs

319 Arrests

321 Care and Transport of Prisoners

346 Crash Investigating and Reporting

402 Incident Reporting and Documentation

408 Mobile Field Force

412 Hostage, Barricaded, and Suicidal Subject Incidents

414 Bomb Threats

455 Social Media

618 Property and Evidence Collection

803 Duty Firearms

804 Department Vehicles

900 General Conduct and Responsibilities

901 Special Investigations

902 Administrative Investigations

903 Discipline Matrix

908 Reporting of Employee Arrests and Police Involvement

916 Drug and Alcohol Free Workplace

949 Secondary Employment

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Table of Contents - 8

Table of Contents

Chief's Message . . . . . . . . . . . . . . . . . . . . . . . 1

Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 2

Canons of Police Ethics . . . . . . . . . . . . . . . . . . . . . 3

Philosophy, Values, Vision and Mission . . . . . . . . . . . . . . . 6

Supervisory Reference Guide . . . . . . . . . . . . . . . . . . . 7

Chapter 1 - Department Organization and Administration . . . . . . . . . 12

100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . 13

102 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 15

104 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 16

105 - Community Policing . . . . . . . . . . . . . . . . . . . . 17

106 - Department Manuals . . . . . . . . . . . . . . . . . . . 20

110 - Organizational Structure and Responsibility . . . . . . . . . . . . 26

111 - APD Standing Committees . . . . . . . . . . . . . . . . . 32

114 - Administrative Communications . . . . . . . . . . . . . . . . 33

115 - Forms Control . . . . . . . . . . . . . . . . . . . . . 35

116 - Security and Release of Records and Information . . . . . . . . . . 36

117 - Critical Incident - Public Release . . . . . . . . . . . . . . . 44

118 - Criminal History Record Information . . . . . . . . . . . . . . 47

123 - Inspections . . . . . . . . . . . . . . . . . . . . . . 51

124 - Watch Lieutenant . . . . . . . . . . . . . . . . . . . . 52

127 - Meet and Confer . . . . . . . . . . . . . . . . . . . . . 53

Chapter 2 - Response to Resistance and Pursuit . . . . . . . . . . . . 54

200 - Response to Resistance . . . . . . . . . . . . . . . . . . 55

202 - Firearm Discharge Situations . . . . . . . . . . . . . . . . . 65

204 - Leg Restraint Device . . . . . . . . . . . . . . . . . . . 76

206 - Control Devices and Techniques . . . . . . . . . . . . . . . 78

208 - TASER Device Guidelines . . . . . . . . . . . . . . . . . 89

211 - Response to Resistance Inquiry, Reporting, and Review . . . . . . . . 96

212 - R2R Audit Group . . . . . . . . . . . . . . . . . . . . 111

214 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . 114

215 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 129

Chapter 3 - Field Operations and Custody . . . . . . . . . . . . . . 134

300 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 135

301 - Responsibility to the Community . . . . . . . . . . . . . . . 138

302 - Public Recording of Official Acts . . . . . . . . . . . . . . . 140

303 - Body Worn Camera Systems . . . . . . . . . . . . . . . . 143

304 - Digital Mobile Audio Video Recording . . . . . . . . . . . . . . 153

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Table of Contents - 9

305 - Radio and Mobile Data Computer Use . . . . . . . . . . . . . 159

306 - Search and Seizure . . . . . . . . . . . . . . . . . . . 164

307 - Mobile Fingerprinting Device . . . . . . . . . . . . . . . . 172

308 - Misdemeanor Citations . . . . . . . . . . . . . . . . . . 173

309 - Handling Publicly Intoxicated Persons . . . . . . . . . . . . . 178

317 - Handling Juveniles . . . . . . . . . . . . . . . . . . . . 182

318 - Detentions, Field Interviews & Field Photographs . . . . . . . . . . 194

319 - Arrests . . . . . . . . . . . . . . . . . . . . . . . 202

321 - Care and Transport of Prisoners . . . . . . . . . . . . . . . 212

323 - Booking and Arrest Review . . . . . . . . . . . . . . . . . 221

324 - Police Observer Program . . . . . . . . . . . . . . . . . 224

326 - News and Media Relations . . . . . . . . . . . . . . . . . 230

328 - Racial or Bias-Based Profiling . . . . . . . . . . . . . . . . 235

330 - Interactions with Foreign Nationals . . . . . . . . . . . . . . 239

342 - Traffic Enforcement . . . . . . . . . . . . . . . . . . . 250

343 - Escorts and Traffic Control . . . . . . . . . . . . . . . . . 258

346 - Crash Investigation And Reporting . . . . . . . . . . . . . . . 261

348 - Disabled Vehicles and Stranded Motorists . . . . . . . . . . . . 272

350 - Vehicle Towing and Impound . . . . . . . . . . . . . . . . 273

355 - DWI Enforcement . . . . . . . . . . . . . . . . . . . . 280

362 - Outside Agency Assistance and Joint Task Forces . . . . . . . . . 289

364 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 293

Chapter 4 - Field Response, Investigations and Reporting Policies . . . . . . 296

400 - Officer Response to Calls . . . . . . . . . . . . . . . . . 297

401 - Preliminary Field Investigations . . . . . . . . . . . . . . . . 301

402 - Incident Reporting and Documentation . . . . . . . . . . . . . 308

403 - Follow-Up Investigations . . . . . . . . . . . . . . . . . . 316

404 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 333

405 - Warrants . . . . . . . . . . . . . . . . . . . . . . . 336

406 - Case Clearance . . . . . . . . . . . . . . . . . . . . 345

407 - Emergency Management . . . . . . . . . . . . . . . . . . 352

408 - Mobile Field Force . . . . . . . . . . . . . . . . . . . . 364

409 - Swift Water and Flooding Incidents . . . . . . . . . . . . . . 368

410 - Hazardous Material Response . . . . . . . . . . . . . . . . 370

412 - Hostage, Barricaded, and Suicidal Subject Incidents . . . . . . . . . 372

413 - Clandestine Lab . . . . . . . . . . . . . . . . . . . . 376

414 - Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents . . . . 378

415 - Utilization of Narcan . . . . . . . . . . . . . . . . . . . 383

416 - Aircraft Crashes . . . . . . . . . . . . . . . . . . . . 387

418 - Family Violence . . . . . . . . . . . . . . . . . . . . 389

419 - Protective Orders . . . . . . . . . . . . . . . . . . . . 401

420 - Sexual Assault . . . . . . . . . . . . . . . . . . . . . 405

422 - Elder Abuse . . . . . . . . . . . . . . . . . . . . . . 408

424 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 411

425 - Missing Persons . . . . . . . . . . . . . . . . . . . . 414

426 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 419

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General Orders

Published with permission by Austin Police Department

Table of Contents - 10

427 - Geolocates, Pen Registers, and/or Trap and Trace Devices . . . . . . . 424

428 - Medical Marijuana . . . . . . . . . . . . . . . . . . . . 437

434 - Death Investigations . . . . . . . . . . . . . . . . . . . 439

435 - Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle . . . . . . 443

436 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 448

437 - Criminal Trespass . . . . . . . . . . . . . . . . . . . . 449

438 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 455

440 - Service Animals . . . . . . . . . . . . . . . . . . . . 458

445 - Mental Health Response . . . . . . . . . . . . . . . . . . 460

450 - Informants . . . . . . . . . . . . . . . . . . . . . . 467

455 - Social Media for Official Use . . . . . . . . . . . . . . . . 471

Chapter 5 - Field Support Operations . . . . . . . . . . . . . . . 476

500 - Bicycle Operations . . . . . . . . . . . . . . . . . . . . 477

503 - Canine Unit . . . . . . . . . . . . . . . . . . . . . . 481

504 - Air Operations and Air Support . . . . . . . . . . . . . . . . 483

Chapter 6 - General Support Operations . . . . . . . . . . . . . . 485

601 - Victim Services . . . . . . . . . . . . . . . . . . . . . 486

602 - Chaplain Unit . . . . . . . . . . . . . . . . . . . . . 489

605 - Auxiliary and Support Services . . . . . . . . . . . . . . . . 491

607 - U-Visa Nonimmigrant Status Certifications . . . . . . . . . . . . 493

609 - Interpreter Services . . . . . . . . . . . . . . . . . . . 495

610 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 499

612 - Communication Operations . . . . . . . . . . . . . . . . . 500

614 - Central Records Procedures . . . . . . . . . . . . . . . . 501

616 - Public Safety Camera System . . . . . . . . . . . . . . . . 502

617 - Critical Incident Support Systems and Procedures . . . . . . . . . . 506

618 - Property and Evidence Collection Procedures . . . . . . . . . . . 509

Chapter 8 - Equipment Policies . . . . . . . . . . . . . . . . . . 517

800 - Property and Equipment Accountability . . . . . . . . . . . . . 518

801 - Equipment and Uniform Regulations . . . . . . . . . . . . . . 526

803 - Duty Firearms . . . . . . . . . . . . . . . . . . . . . 546

804 - Department Vehicles . . . . . . . . . . . . . . . . . . . 557

Chapter 9 - Personnel Policies . . . . . . . . . . . . . . . . . . 564

900 - General Conduct and Responsibilities . . . . . . . . . . . . . 565

901 - Special Investigations . . . . . . . . . . . . . . . . . . . 576

902 - Administrative Investigations . . . . . . . . . . . . . . . . 582

903 - Discipline Matrix . . . . . . . . . . . . . . . . . . . . 612

904 - Grievance Procedures . . . . . . . . . . . . . . . . . . 617

906 - Guidance Advisory Program . . . . . . . . . . . . . . . . . 620

908 - Reporting of Employee Arrests and Police Involvement . . . . . . . . 622

910 - Peace Officer Personnel Files . . . . . . . . . . . . . . . . 626

912 - Personnel Evaluations . . . . . . . . . . . . . . . . . . 632

914 - Equal Employment Opportunity and Non-Discrimination . . . . . . . . 639

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Published with permission by Austin Police Department

Table of Contents - 11

916 - Drug and Alcohol Free Workplace . . . . . . . . . . . . . . . 644

917 - Drug and Alcohol Abuse and Treatment . . . . . . . . . . . . . 652

918 - Promotion, Transfer, and Vacancy Guidelines for Sworn Employees . . . . 656

919 - Promotional Bypass of Sworn Employees . . . . . . . . . . . . 671

922 - Awards and Commendations . . . . . . . . . . . . . . . . 672

924 - Personal Appearance Standards . . . . . . . . . . . . . . . 682

935 - Court Appearances . . . . . . . . . . . . . . . . . . . 686

942 - Training and Career Development . . . . . . . . . . . . . . . 694

946 - Smoking/Tobacco Use . . . . . . . . . . . . . . . . . . 701

949 - Secondary Employment . . . . . . . . . . . . . . . . . . 702

950 - Overtime and Compensatory Time . . . . . . . . . . . . . . 722

951 - Pay Differential . . . . . . . . . . . . . . . . . . . . . 725

953 - Incentive Pay . . . . . . . . . . . . . . . . . . . . . 727

955 - Attendance and Leave . . . . . . . . . . . . . . . . . . 729

956 - On-Duty Injury and Illness . . . . . . . . . . . . . . . . . 742

957 - Communicable Disease Exposures and Response Protocols . . . . . . 746

958 - Limited Duty, Extended Limited Duty, Return to Work, and Pregnancy . . . 752

959 - Restricted and Administrative Duty . . . . . . . . . . . . . . 762

960 - Mother Friendly Workplace . . . . . . . . . . . . . . . . . 765

972 - Employee Speech, Expression, and Social Networking . . . . . . . . 767

Chapter 10 - General Policies . . . . . . . . . . . . . . . . . . 771

1000 - Department Technology Use . . . . . . . . . . . . . . . . 772

1001 - Telework Policy and Procedure . . . . . . . . . . . . . . . 780

1002 - Electronic Mail (Email) Communications . . . . . . . . . . . . 789

1003 - Telephone and Mail Protocol . . . . . . . . . . . . . . . . 793

1004 - Department Owned Cell Phones . . . . . . . . . . . . . . . 796

1007 - Funeral Procedures . . . . . . . . . . . . . . . . . . . 801

1009 - Building Security . . . . . . . . . . . . . . . . . . . . 807

1011 - Purchasing . . . . . . . . . . . . . . . . . . . . . . 810

1013 - Budget . . . . . . . . . . . . . . . . . . . . . . . 816

1015 - Grants Management . . . . . . . . . . . . . . . . . . . 818

1017 - Gifts and Donations . . . . . . . . . . . . . . . . . . . 820

1019 - Bulletin Boards . . . . . . . . . . . . . . . . . . . . 823

1021 - Severe Weather . . . . . . . . . . . . . . . . . . . . 824

1022 - Courtesies to the Flag . . . . . . . . . . . . . . . . . . 825

1023 - Honorably Retired Photo Identification and Range Qualification . . . . . 827

1024 - Emergency Notification System (ENS) . . . . . . . . . . . . . 828

Attachments . . . . . . . . . . . . . . . . . . . . . . .

APD General Orders Issued 7/12/2022

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Department Organization and Administration -

Chapter 1 - Department

Organization and Administration

APD General Orders Issued 7/12/2022

100

Austin Police Department

General Orders

Published with permission by Austin Police Department

Law Enforcement Authority - 13

Law Enforcement Authority

100.1 PURPOSE AND SCOPE

Law enforcement officers are granted the authority to perform their functions based on established

legal authority. This department does not tolerate abuse of law enforcement authority.

100.2 PEACE OFFICER POWERS

Sworn members of this department shall be considered peace officers pursuant to Tex. Code of

Crim. Pro. art. 2.12. The authority of any such peace officer extends to any place in the State of

Texas and assigns the duty to every peace officer to preserve the peace within the State of Texas

and their jurisdiction through all lawful means. A peace officer shall perform the duties as required

under the Tex. Code of Crim. Pro. art. 2.13.

Special or limited peace officer powers or authority to arrest may be granted to others as specified

in Tex. Code of Crim. Pro. art. 2.121 - 2.125.

100.3 CONSTITUTIONAL REQUIREMENTS

All employees shall observe and comply with every person's clearly established rights under the

United States and Texas Constitutions.

100.4 LAW ENFORCEMENT JURISDICTION

Employees should be aware that there are numerous law enforcement agencies within and

surrounding the City. These agencies have jurisdiction within the confines of their geographical

boundaries or areas of control. This includes, but is not limited to, the following:

(a) Federal law enforcement officers possess full federal authority nationwide as given

to them under the United States Code (U.S.C.). Federal Law Enforcement Officers

are authorized to enforce various laws at the federal, state, county, and local level.

The Federal Building in Austin is a federal reservation. The Federal Police have patrol

jurisdiction and the FBI has investigative jurisdiction.

(b) The Department of Public Safety (DPS) is a state entity which has statewide

jurisdiction to conduct criminal investigations, issue traffic citations, and investigate

intra-state crashes. This includes the Texas Rangers and DPS Troopers.

investigations and enforce County Ordinances within their county. They have

statewide jurisdiction to arrest for any criminal offense committed within their presence

or view. They have countywide jurisdiction to issue traffic citations. Local Sheriff's

Offices includes the Travis County Sheriff's Office (TCSO), the Williamson County

Sheriff's Office (WCSO) and the Hays County Sheriff's Office (HCSO).

(d) Constable Offices are county level entities which have countywide jurisdiction to serve

civil process and conduct criminal investigations. They have statewide jurisdiction to

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serve warrants and arrest for any criminal offense committed within their presence or

view. They have countywide jurisdiction to issue traffic citations. Constable Offices are

broken up into Precinct's and Travis County has five (5) Constable Precincts.

(e) Municipal Police Departments are city level entities which have citywide jurisdiction

to conduct criminal investigations. They have jurisdiction in their municipality and

concurrent counties to issue traffic citations and statewide jurisdiction to arrest for

any criminal offense committed within their presence or view. The Austin Police

Department is a Municipal Police Department.

(f) Independent School Districts (ISD) and higher education police have concurrent

jurisdiction on school property. This includes, among others, Austin Community

College Police, Austin Independent School District Police (AISD-PD) and The

University of Texas Police Department (UTPD).

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Austin Police Department

General Orders

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Chief Executive Officer - 15

Chief Executive Officer

102.1 PURPOSE AND SCOPE

The Texas Commission on Law Enforcement (TCOLE) has mandated that all sworn officers and

dispatchers employed within the State of Texas shall receive initial certification by TCOLE within

prescribed time periods.

102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS

Any chief executive officer of this department shall, as a condition of continued employment,

complete the course of training prescribed by TCOLE and obtain the Basic Certificate by TCOLE

within the time frame prescribed by Tex. Educ. Code § 96.641 (Tex. Occ. Code § 1701.358).

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Austin Police Department

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Oath of Office

104.1 PURPOSE AND SCOPE

Officers of this department are sworn to uphold the federal and state constitutions and to enforce

federal, state and local laws.

104.1.1 OATH OF OFFICE

Upon employment, all sworn employees shall be required to affirm and sign the oath of office

expressing commitment and intent to respect constitutional rights in discharging the duties of a

law enforcement officer. The oath shall read as follows:

"I ______________, do solemnly swear that I will faithfully and impartially discharge and perform

all duties incumbent upon me as a Police Officer of the City of Austin, according to the best of my

skill and ability, agreeable to the Constitution and laws of the United States and the State of Texas.

I further solemnly swear that I will be faithful to the demands for truth and honesty, as established

by my profession and the Austin Police Department. I will devote my efforts and skills to the

honorable profession of policing, and to the service of the neighborhoods and individuals of this

community, the City of Austin.

So help me God."

104.1.2 CODE AND CANONS OF ETHICS

All sworn employees shall adhere to the Code of Ethics and Canons of Police Ethics in the General

Orders preface, as adopted by the International Association of Chiefs of Police (IACP).

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Austin Police Department

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Community Policing

105.1 PURPOSE AND SCOPE

The purpose of this general order is to identify the tenets of Community Policing, which serves

as the basis for this Department’s mission and guiding principles. Community Policing is beyond

a philosophy, it is a practice. The Austin Police Department is committed to Community Policing

which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and

procedurally just behavior with the community that we serve. The Department’s goal is to have an

understanding of the traditions, culture, and history of the neighborhoods in which they serve in

order to develop proactive solutions to problems and increase overall trust in policing. Likewise,

the Department is required to provide information and training to the community so community

members gain an understanding of police practices and procedures, as well as an understanding

of the traditions and culture of law enforcement.

105.2 DEFINITIONS

(a) Community Policing - Building positive relationships, one contact at a time, by being

present, engaged, and visible in our community to address crime and improve the

general well-being of residents and visitors of Austin.

(b) Procedurally Just Behavior - Four Principles

1. Treating people with dignity and respect.

2. Giving individuals “voice” during encounters.

3. Being neutral and transparent in decision-making.

4. Conveying trustworthy motives.

1. Scanning – Identify and prioritize problems.

2. Analysis – Research known elements of the problem.

3. Response – Develop solutions to eliminate or reduce the frequency of the

problem.

4. Assessment – Evaluate the success of the solution.

105.3 COMMUNITY POLICING MODEL

The Department will use the following concepts to help develop community policing goals and

objectives, as well as provide a basis for evaluation and accountability.

(a) Types of problems within individual neighborhoods and the Austin community as a

whole

(b) Alternative solutions to the problems

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(d) Quality of the relationship between the police and other departments and agencies

(e) Fear of crime

(f) Signs of crime within the community

(g) Crime patterns

(h) Degree of citizen involvement in program implementation and problem-solving

activities

(i) Responsiveness to citizen demands

(j) Complaints about police behavior (looking at the types of complaints, not the numbers)

(k) Quantity and quality of information about serious crimes from the public

105.4 COMMUNITY PARTNERSHIPS

(a) All employees will actively engage the public in its operations to gain information on

local problems, seek cooperation and support in identifying solutions, gather feedback

about agency policies and programs, engage in joint crime prevention programs, and

provide information and elicit opinions about current and proposed policing policies

and programs. Some of the ways this may be accomplished include, but are not limited

to, the following:

1. Community Engagement – The Department supports and is involved with

civic and neighborhood events when possible. Events may include holiday

celebrations, ethnic festivals, youth events, etc.

2. Interaction with Youth – The Department interacts with youth and youth groups

on a regular basis, and participates in both planned and unplanned activities

with youth and youth groups.

3. Meetings – The venue for police and the community to meet and discuss issues

of public safety, including the plans and methods used to enhance public safety.

Meetings may include formal, regularly scheduled meetings with neighborhood

groups, merchant groups, Community Advisory Boards, and ad-hoc meetings

with community members concerned with neighborhood problems.

(b) All employees play a significant role in engaging community members in all

interactions, not just when they are addressing a public safety problem. On a daily

basis, every encounter with a citizen has the potential to increase community trust.

community programs and partnerships. They may be engaged individually or in

combined meetings, forums, advisory boards, or similar groups.

1. Neighborhood Members and Groups - This includes people who live, work

or otherwise have an interest in the neighborhood such as volunteer groups,

activists, formal and informal neighborhood leaders, residents, visitors, and

commuters.

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2. Nonprofits and Service Providers - These providers include such entities as

victim advocate groups, support groups, community developments corporations,

service clubs, and faith based communities.

3. Private Businesses - This may include individual businesses or through groups

such as the Chamber of Commerce, local business consortiums, corporate

management, or others.

4. Media - Print, television, and related mass media should be engaged to

strengthen relationships with the community by communicating public safety and

quality of life issues, soliciting feedback for development of solutions, presenting

the Department’s current strategies and proposed initiatives for addressing

local problems, and conveying information about the Department’s varied public

services, events, and activities.

5. Governmental Agencies - The Department will coordinate programs and

services with other local and state governmental agencies that provide services

and programs to complement and enhance the Department’s mission, as well

as those of partner agencies. These include, but are not limited to, human

services, child welfare, corrections, probation and parole, other state and local

law enforcement agencies, public works, schools and other City departments.

105.5 DEPARTMENT ORGANIZATION

(a) In order to enhance the ability of officers to interact, communicate, and form

relationships with individuals and neighborhoods, officer assignments may be on a

long-term basis to geographical regions and/or areas corresponding to neighborhood

boundaries.

(b) Supervisors may provide officers discretion to pursue criminal investigations, identify

problems and formulate solutions, individually or in conjunction with other officers

working as a team. Supervisors may request officers and investigators with

specialized experience and training to assist in particularly complex or specialized

investigative solutions.

where appropriate, request supplemental financial support, to support operational

components and programs of Community Policing and problem solving.

(d) Supervisors will promote and incentivize all employees to take responsibility for their

role in community policing by taking personal responsibility for identifying community

problems and formulating solutions that serve both the well-being of the community

and crime prevention.

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Austin Police Department

General Orders

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Department Manuals

106.1 PURPOSE AND SCOPE

Department manuals are the written procedures, guidelines and rules that formulate Department

orders to provide employees with clear information and direction as to the expectations and

responsibilities relating to the performance of their duties. This general order defines the use of

each type of manual, restricts the authority to issue, and provides distribution and maintenance

guidelines to ensure that all personnel become acquainted with the contents of any manual

affecting their position.

106.1.1 LEGALITY OF CONTENTS

If any section, subsection, item, clause, or phrase contained in any written directive is found to

be illegal or otherwise incorrect or inapplicable, such finding shall not affect the validity of the

remaining portions of the written directive.

106.2 GENERAL GUIDELINES

(a) Due to the amount of information needed to operate an organization the size and

complexity of the Austin Police Department, Department Manuals are compiled into

the following:

1. General Orders.

2. Special Orders.

3. Standard Operating Procedure Manuals.

4. Operations Manuals.

(b) The Chief is the ultimate authority for the provisions of Department Manuals and will

ensure compliance with all applicable Texas law.

within any Department Manual or directive.

1. Exemptions may be made after a legitimate business need has been clearly

articulated and it is determined that failure to provide the exemption would

severely interfere with a person's or work group's ability to achieve department

goals (e.g. Undercover officers having to comply with all provisions of the Dress

and Grooming Code).

2. Exemptions will not necessarily be referenced within the directives; however,

it is the responsibility of the assistant chiefs and commanders to ensure that

any exemptions are documented in a form where they can be identified and

verified. All exemptions will require periodic review to determine their continued

applicability and/or the need for alteration.

3. Exemptions will not be authorized which allow employees to infringe upon

residents' rights to be treated fairly, humanely, and equitably under the law.

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106.2.1 DEFINITIONS

The following words and terms shall have these assigned meanings within all Department Manuals

and directives, unless it is apparent from the content that they have a different meaning:

City - The City of Austin (as a government entity).

Civilian/Non-Sworn - an employee of the Austin Police Department having no arrest authority as

defined for sworn officers. Civilian personnel may be employed and affiliated with APD in a variety

of supporting roles, and may be uniformed, but lack the authority to make a full-custody arrest.

Department/APD - The Austin Police Department.

Employee/Member/Personnel - All persons employed by the Austin Police Department. This

includes sworn officers, civilian employees, unpaid interns and volunteers.

Child - Generally any person under the age of 17 years. Certain sections of general orders may

differ in the age range of a Child due to statute specifications.

Manual - The Austin Police Department General Orders.

Officer/Sworn - An employee of the Austin Police Department who is commissioned by the City

of Austin as a law enforcement officer and granted those general peace officer powers prescribed

by constitution, statute, or ordinance in the jurisdiction.

Order - A written or verbal instruction issued by a superior.

TCOLE- The Texas Commission on Law Enforcement.

Rank - The job classification title held by a sworn employee.

106.2.2 FORMATTING AND ABBREVIATION CONVENTIONS

(a) The following formatting conventions will be used for each Department Manual and

directive:

1. The document will begin with a scope and purpose statement and conclude with

specific directive information.

2. The subject of the document will be included in the header and the published

date will be included in the footer.

(b) The following are acceptable substitutions:

1. Special Orders may be abbreviated as "SO."

2. An individual order may be referenced as "General Order X."

3. Individual sections of an order may be referenced as "Section 106.X" or "§

106.X."

106.2.3 GRAMMATICAL CONSTRUCTION OF MANUALS

(a) The meaning of words or phrases not specifically defined shall be interpreted to have

the meaning and intent established in common usage.

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(b) No exception to directives will be made based on verb tense, gender, or number.

The following rules of grammar shall apply throughout all Department Manuals and

directives:

1. Present tense wording includes the past and future; Future tense wording

includes the present.

2. The use of a specific gender is inclusive of all genders.

3. The use of the singular number includes the plural, and the plural includes the

singular.

4. Verb forms:

(a) The words "shall", "will", and "must" are mandatory in intent and are used

to specify a required action.

(b) The word "should" is advisory in intent. While not mandatory, an advised

action should be followed if the situation permits and the action is deemed

practical.

5. The use of "e.g.," means "for example;" its use is not intended to be an all-

inclusive list.

106.2.4 ACKNOWLEDGMENT OF DEPARTMENT MANUALS AND MANUAL REVISIONS

(a) As a condition of employment, all employees are required to electronically or physically

sign a statement of receipt acknowledging that the employee:

1. Has received a copy or has been provided electronic access to the General

Orders; and

2. Is responsible for reading and becoming familiar with the General Orders; and

3. Will obtain any necessary clarification of the General Orders; and

4. Will keep abreast of all revisions to the General Orders.

(b) Supervisors/managers will ensure their employees are issued any applicable SOP(s)

and/or Ops Manual(s) specific to that work assignment.

1. Employees are required to electronically or physically sign an issuance receipt

upon receiving an SOP and/or Ops Manual.

2. Physical issuance logs will be maintained by the Unit Supervisor.

Department Manual revision.

1. Employees are required to review and acknowledge revisions upon receiving an

update to any Department Manual through INFORMA.

2. Physical issuance logs will be maintained by the Unit Supervisor.

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106.3 GENERAL ORDERS

The General Orders are a statement of the current directives and general practices of the

Department. Except where otherwise expressly stated, all employees are to conform to the

provisions of this manual. It is recognized, however, that police work is not always predictable

and circumstances may arise which warrant departure from these guidelines. It is the intent of this

manual to be viewed from an objective standard, taking into consideration the sound discretion

entrusted to members of the Department under the circumstances reasonably available at the

time of any incident.

(a) Upon issuance of an updated General Orders, all prior and existing General Orders

are revoked.

(b) A computerized version of these General Orders will be made available on the

Department network for access by all employees.

such orders have been updated.

106.4 STANDARD OPERATING PROCEDURE MANUALS

Standard Operating Procedure (SOP) Manuals contain procedures and guidelines specific to a

rank, Unit, Command, or multiple Commands.

(a) Procedures contained in SOP Manuals shall not conflict with the policies, procedures

or rules established in General Orders. However, exceptions to specific parts of the

General Orders may be approved by an assistant chief/director.

(b) SOP Manuals are generally considered public documents; information of a sensitive

law enforcement nature should therefore be included in an Operations Manuals.

precedence over SOP manuals that encompass a specific Unit within that Command.

106.5 OPERATIONS MANUALS

Oftentimes a need arises for extremely detailed procedural information of a confidential nature.

This information will be placed in an Operations Manual (Ops Manual) and kept separate from

the SOP Manuals. Due to their inherent sensitive law enforcement nature, Ops Manuals are not

considered public documents.

(a) Manuals of this nature have the same force and effect as an SOP Manual. Procedures

contained in these Manuals shall not conflict with the policies, procedures, or rules

established in General Orders. However, exceptions to specific parts of General

Orders may be approved by an assistant chief/director.

(b) These Manuals may consist of materials produced professionally by a source outside

of the Department, in addition to any intra-departmentally produced information.

1. Their detailed and extensive nature.

2. Their applicability to a very limited number of employees.

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3. A need to maintain confidentiality of the information (e.g., investigative strategy)

within a specific work group.

106.6 REVISION OF DEPARTMENT MANUALS

Any Department employee may suggest a revision to a Department Manual. Employee's

suggesting a revision of the contents to a Department Manual shall complete a Request for

Revision to General Order/Procedure/SOP form.

(a) Revision requests that affect multiple Commands (e.g. Patrol, District

Representatives, Sector Detectives) or the entire Department will be forwarded

through the employee's chain-of-command to the Risk Management Unit or directly to

[email protected] on form PD0057.

(b) Revision requests that affect a single Command will be forwarded through the

employee's chain-of-command to the appropriate commander/manager. If approved

by the appropriate commander/manager, the revision request will be forwarded to the

Risk Management Unit or directly to [email protected] on form PD0057

1. General Orders revisions require the final approval of the Chief.

2. Patrol SOP revisions require the final approval of the affected commanders and

assistant chiefs.

3. All other SOP and Ops Manual revisions require the final approval of the affected

commanders/managers.

4. A signed copy of the approved revisions will be sent to the Risk Management

Unit.

106.6.1 RISK MANAGEMENT UNIT

The Policy Development Unit is responsible for:

(a) Coordinating the submission of Department Manual revision requests to the Policy

Review Committee and Command/Executive Staff, as appropriate.

(b) Implementing all approved Department Manual revisions into a Special Order.

needed.

(d) Maintaining the current version and archiving all previous versions of all Department

Manuals.

106.6.2 POLICY REVIEW COMMITTEE

The Policy Review Committee (PRC) is responsible for reviewing proposals for revisions to

Department general orders that would impact the entire Department or multiple Commands. The

PRC shall adhere to the following procedures:

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(a) The PRC will meet monthly to review the quarterly changes recommended to General

Orders, or on an as needed basis to initiate or review internally proposed revisions to

applicable Department Manuals.

(b) In order for a PRC meeting to convene, a quorum of at least fifty percent of the

members of the PRC must be in attendance for the entirety of the meeting.

or applicable laws.

(d) Nothing in this order shall preclude the Chief from directly approving a Department

order or from appointing a focus group to review any order revision and provide

feedback in those areas where there is no consensus, the issues are complex, and/

or exigent circumstances exist.

106.7 REVIEW OF DEPARTMENT MANUALS

(a) The Chief will cause the entire General Orders to be reviewed and updated as

necessary to ensure it conforms to actual Department operations and complies with

law.

(b) Commanders/managers will cause their affected SOP and Ops Manuals to be

reviewed and updated as necessary to ensure it conforms to actual Department

operations and complies with law.

1. A complete up-to-date copy of each SOP and Ops Manual shall be submitted to

the Risk Management Unit by December 1 of each year, regardless of whether

there have been any revisions.

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Austin Police Department

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Organizational Structure and Responsibility -

Organizational Structure and Responsibility

110.1 PURPOSE AND SCOPE

The organizational structure of this department is designed to create an efficient means to

accomplish our mission and goals and to provide for the best possible service to the public.

110.2 SWORN RANKS ESTABLISHED

Sworn employees are classified by the following ranks:

(a) Chief of Police.

(b) Assistant Chief of Police.

(d) Lieutenant.

(e) Sergeant.

(f) Corporal/Detective.

(g) Police Officer.

110.2.1 CHIEF OF POLICE

The Chief of Police is the director of the Department and assumes responsibility for the

overall management of the organization, authorizes the institution of programs which keep APD

effective in responsiveness to a wide variety of community needs, and guides the Department

in progressive leadership and technology arenas. The Chief is responsible for keeping the City

Manager informed of Department activities and accomplishments.

110.2.2 ASSISTANT CHIEF OF POLICE

(a) Assistant chiefs assume management responsibility over all matters relating to

the fulfillment of the functions within their Command. Assistant chiefs work in

conjunction with each other to provide unified direction to the multiple segments of the

organization, assisting the Chief in the management of the agency.

(b) One assistant chief is designated as Chief of Staff. In addition to any other duties

incumbent upon the position of an assistant chief, this person will serve in the

absence or unavailability of the Chief, be the Chief's direct designee in all matters, and

coordinate the activities of the other assistant chiefs. The Chief of Staff is responsible

for the daily management of Department Operations.

110.2.3 COMMANDER

Commanders exercise line command over the employees assigned to them and assume staff

responsibility over matters relating to the operations within their assigned command.

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110.2.4 LIEUTENANT

Lieutenants exercise line command and provide advice and guidance to those employees

assigned to them, as well as being responsible for keeping the respective commander informed

about the activities and accomplishments of those employees.

110.2.5 SERGEANT

Sergeants exercise line command over the employees of their assigned unit and function as

the first line supervisory level within the Department. They are responsible for ensuring service

delivery, compliance with general orders, making recommendations to their lieutenants for

improvements in operations, and to guide, train, direct, and motivate those they supervise.

110.2.6 CORPORAL/DETECTIVE

(a) Corporals/detectives are responsible for:

1. Ensuring service delivery, employee compliance with general orders, and

making recommendations to the sergeant for operation improvements.

2. Conducting criminal investigations, interviewing witnesses and suspects, and

assisting crime victims in filing complaints for criminal acts committed against

them.

3. Serving as training instructors and in other non-enforcement roles for the

Department.

(b) Corporals/detectives will exercise line command over the employees of their assigned

Unit in the absence of the sergeant due to approved leave, training, or a special

assignment.

the sergeant.

(d) Corporals may not be hired to work overtime in a supervisory role.

110.2.7 POLICE OFFICER

Police officers make up the majority of the Department's sworn personnel and often are the first

to make contact with the public. Assignments vary in content but generally include patrol and

community interaction. They are responsible for keeping their respective supervisors informed

about their activities and accomplishments.

110.3 DEPARTMENT ORGANIZATION AND COMMAND PROTOCOL

APD's ability to make organizational adjustments to meet changing needs is essential in order

to maximize the use of assigned resources. To ensure stability, the basic Department structure

should not be changed in the absence of a demonstrated need brought about by changing

community conditions. Redistribution of personnel and resources may occur as a result of any

Department reorganization. APD-HR will maintain personnel allocation information.

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110.3.1 SUCCESSION OF COMMAND

The Chief of Police exercises command over all personnel in the Department. During planned

absences, the Chief of Police will designate a person to serve as the acting Chief of Police.

(a) Except when designated as above, the order of command authority in the absence or

unavailability of the Chief of Police is as follows:

1. Chief of Staff.

2. An assistant chief, in order of seniority.

3. A commander, in order of seniority.

110.3.2 UNITY OF COMMAND

The principles of unity of command ensure efficient supervision and control within the Department.

Generally, each employee shall be accountable to one supervisor at any time for a given

assignment or responsibility. Except where specifically delegated authority may exist by order or

special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if

an operational necessity exists.

110.3.3 SPAN OF CONTROL

(a) Span of Control for the Department

1. The number of employees under the immediate management of a single

supervisor should not normally exceed ten (10). However, when staffing

requirements are anticipated to exceed ten (10) per supervisor, the span of

control should be based upon the complexity/variety of the tasks of subordinates

and the potential for a supervisor to adequately oversee the number of

employees involved.

(b) Span of Control for LERE

1. When four (4) or more APD officers are simultaneously engaged in LERE at the

same location, a supervisor, sergeant or above, must be present.

(a) No supervisor will supervise more than ten (10) officers.

(b) Supervisors must be present at the job site at all times.

as the supervisor-in-charge and be responsible for the actions of all

officers working at that time. Designation of the supervisor in charge can be

as assigned by the person scheduling the event or by agreement among

those supervisors involved.

(d) When four (4) or more supervisors, are needed simultaneously at the same

location for a LERE assignment, a lieutenant or above is required to be

present at the job site at all times.

2. The Chief or designee may authorize the assignment of up to five (5) officers for

a LERE assignment related to traffic control (e.g., road closure) without utilizing

a supervisor; however, when more than five (5) officers are simultaneously

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engaged in LERE at the same location, regardless of the event, a supervisor

must be present.

110.3.4 DELEGATED AUTHORITY

At all levels of the Department, authority will be delegated to employees to make decisions

necessary for the effective execution of their responsibilities. Employees are accountable for the

use of, or the failure to use, delegated authority.

110.3.5 DETERMINATION OF SENIORITY

(a) The senior officer at a police incident shall be determined by rank, then by seniority

within rank.

(b) Seniority of civilian employees shall be determined as follows:

1. Competent authority will designate a person to be in charge of a particular

situation or group.

2. In the absence of designation of command, seniority will be determined by job

classification, then by length of continuous service within the classification.

110.4 EMPLOYEE RESPONSIBILITIES

Employees are at all times individually responsible for conducting themselves in a professional

and ethical manner and for treating coworkers with respect and dignity. The intent of this section

is to clearly state that unprofessional behavior will not be tolerated in the workplace. Employees

shall maintain loyalty to the Department as is consistent with the law and personal ethics.

110.4.1 CHAIN-OF-COMMAND

Employees are responsible for knowing their chain-of-command and operating within it except

when impractical to do so.

(a) If an employee bypasses the chain-of-command, the employee will notify their affected

supervisor as soon as practical.

(b) When a written directive requires an employee notify an immediate supervisor and the

immediate supervisor is not readily available, the employee will:

1. Notify the person designated as the acting supervisor; or

2. Notify their next-level manager; or

3. Notify another supervisor of equal rank/grade with similar responsibilities (e.g.,

another patrol sergeant, another forensics supervisor).

110.4.2 AUTHORITY AND ACCOUNTABILITY

Delegation of authority is essential to the good working order of any organization.

(a) Employees shall exercise the responsibility and authority of the position to which

they are assigned in accordance with the job specifications and work rules of that

agreement.

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(b) Authority to complete a task shall be commensurate with the responsibility placed on

employees by the supervisor.

subordinates; supervisors who delegate tasks to subordinate employees are ultimately

accountable for ensuring the task is completed.

(d) Employees shall be held accountable for their use, or failure to use, their delegated

authority.

110.4.3 OBEDIENCE TO ORDERS

The Department is an organization with a clearly defined hierarchy of authority. This is necessary

because obedience of a superior's lawful command is essential for the safe and prompt

performance of law enforcement operations. This section also applies to orders received by an

employee in the field training program from a Field Training Officer (FTO).

(a) Orders from a supervisor to a subordinate will be in clear and understandable

language, civil in tone, and issued pursuant to departmental business.

(b) Employees will not publicly criticize nor comment derogatorily to anyone about

instructions or orders they have received from a supervisor.

regardless if the supervisor is outside of the employees' chain-of-command.

1. Employees will obey any lawful order from a supervisor even if the order is

relayed through an employee of a lower rank.

(d) Employees who are given an otherwise proper order which appears to be in conflict

with an existing policy or previous order will respectfully inform the supervisor issuing

the order of the conflict.

1. If the supervisor issuing the order does not alter or retract the conflicting order,

the order will stand.

2. The supervisor issuing the conflicting order will be responsible for the

consequences, if any, of the conflicting order.

(e) Employees who are given an order which they believe violates a provision of a Meet

and Confer Agreement, constitutes a safety hazard, or is in some other way improper,

will respectfully inform the supervisor issuing the order of such belief.

1. If the supervisor does not alter or retract the order, the order will stand and will

be obeyed.

2. The employee may initiate a formal grievance to seek redress.

(f) Unlawful orders are prohibited.

1. Supervisors will not knowingly or willfully issue any order which is a violation of

any law.

2. Employees will not obey an order that is a violation of any law.

(a) Responsibility for refusal to obey rests with the employee and they will be

strictly required to justify the action.

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(b) Obedience to an unlawful order is not considered a defense for an unlawful

action.

3. If in doubt as to the legality of an order, employees will either request clarification

of the order or confer with higher authority.

(a) An employee receiving an unlawful order will notify the issuing supervisor

that compliance with the order, as issued, is unlawful.

(b) If the supervisor does not rescind the order, the employee will request the

presence of the next-level supervisor in the chain-of-command.

presence at the scene.

4. An employee receiving an unlawful order will report that fact in writing to the Chief

by memorandum through the next-level supervisor in the chain-of-command as

soon as practicable. The memorandum will contain the facts of the incident and

the actions taken.

110.4.4 INSUBORDINATION

Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey any

lawful order of a supervisor is insubordination. Defying the authority of any supervisor by obvious

disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is considered

insubordination whether done in or out of the supervisor's presence.

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APD Standing Committees

111.1 PURPOSE AND SCOPE

This order sets forth the established standing committees of the Department.

111.2 STANDING COMMITTEES AND BOARDS

The following standing committees and boards exist within the Department. A list of the committee

members will be maintained on the APD Main SharePoint Site in the Committee folder:

(a) Awards Committee

(b) Budget Committee

(d) Equipment Committee

(e) Force Review Board

(f) Funeral Committee

(g) Homeland Security Committee

(h) Policy Review Committee

(i) Training Curriculum Review Committee

(j) Wellness Committee

(k) Chief’s Advisory Committee

(l) Pursuit Review Board

(m) Policy Vetting Committee

(n) Technology Committee

(o) History and Museum Committee

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Administrative Communications

114.1 PURPOSE AND SCOPE

Administrative communications of this department are governed by the following orders.

114.2 PERSONNEL DIRECTIVES

Personnel Directives may be issued periodically by the Chief to announce and document all

promotions, transfers, hiring of new personnel, separations, individual and group awards and

commendations or other changes in status.

114.3 DEPARTMENT CORRESPONDENCE

All Department correspondence must be delivered though the sender's chain-of-command and

cannot be stopped by anyone until it reaches the addressee. Employees will use the appropriate

Department memorandum or form when composing and submitting Department correspondence.

114.3.1 INTERNAL CORRESPONDENCE

Internal correspondence consists of correspondence from a Department employee to another

employee or group within the Department (e.g., memorandum, PRF). Employees will use the

appropriate Department memorandum or form when submitting internal correspondence.

(a) Internal correspondence should be submitted electronically in order to conserve

physical resources and to provide an electronic record or history of the document,

when practicable.

1. Correspondence that requires the sender's signature should be submitted on

paper; however, correspondence that requires only the addressee's signature

can be submitted electronically.

2. Correspondence that is submitted on paper but could otherwise be submitted

electronically (e.g., memoranda) must be initialed or signed by the sender and

each recipient.

3. Internal memoranda will not be altered by any recipient within the chain-of-

command although individual notes may be added or attached.

(b) Correspondence forwarded through the chain-of-command shall be delivered to the

addressee within a reasonable time of initial receipt.

receipt of the correspondence; however, the addressee is not required to provide one

unless the request is from a designee of the Chief (e.g., IA, SIU) or from a supervisor

of a higher rank.

1. Employees who do not receive a requested response from an addressee within

a reasonable amount of time may go to each level in their chain-of-command,

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starting with their immediate supervisor and up to the addressee, in order to

confirm that the correspondence was received.

114.3.2 EXTERNAL CORRESPONDENCE

External correspondence consists of correspondence from a Department employee to a person

or group outside the Department.

(a) External correspondence will be written on Department letterhead.

(b) In order to ensure that letterhead and name of the Department are not misused,

Department letterhead shall only be used for official business and with the approval

of the appropriate commander.

114.4 SURVEYS

Surveys made in the name of the Department require authorization from the Chief of Police or

designee. Surveys made for internal purposes should be approved by the appropriate supervisor.

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Forms Control

115.1 PURPOSE AND SCOPE

This order establishes directives over the development, modification, review, and approval of APD

forms to ensure accountability. This directive does not apply to forms supplied by other agencies

and used by Department employees.

115.2 FORMS CONTROL

The Risk Management Unit is responsible for the coordination of forms development and control

process.

(a) The Risk Management Unit will conduct an annual review of APD forms to ensure:

1. Each APD form is assigned an appropriate APD form number.

2. Information on Department forms is not duplicated.

3. New and modified forms include the functions the form will be used for.

4. The format is consistent with the records maintenance and data-processing

requirements of the Department.

5. The master roster of all APD forms is updated.

115.2.1 DEVELOPMENT, MODIFICATION, REVIEW, AND APPROVAL OF DEPARTMENT

FORMS

Requests for the development, modification, or review of any APD form will be made by

memorandum through the chain-of-command to the employee's commander/manager.

(a) The memorandum should contain:

1. Purpose of the development, modification, or review of the form; and

2. Effect on other Department written directives; and

3. Department areas that use or will use the form.

(b) Commanders/managers will make a recommendation regarding the request. If

the request is approved, forward it to the forms control coordinator in the Risk

Management Unit.

115.2.2 REPRODUCTION OF EXISTING FORMS

No blank APD forms will be reproduced without the APD form number printed on the document.

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Security and Release of Records and Information

116.1 PURPOSE AND SCOPE

The purpose of this section is to establish a comprehensive reference and procedure for the

maintenance and release of department reports and records in accordance with applicable law

and in compliance with the Meet and Confer Agreement.

This order does not prevent the Department from voluntarily making part or all of specific

information available to the public, unless disclosure is expressly prohibited by law or the

information is confidential under law (Tex. Gov't Code § 552.007; Local Gov't Code § 143.089).

116.2 PUBLIC REQUESTS FOR RECORDS

Records created by this agency are subject to inspection and release to the public unless

otherwise expressly exempt from public disclosure by statute or judicial order (Tex. Gov't Code §

552.001). Public requests for records of this Department shall be processed in accordance with

Texas Government Code, Chapter 552, regarding public information and this order.

The Department shall prominently display a sign that contains the basic rights of a person who

requests public information, the responsibilities of the Department and the procedures, including

fees, for inspecting or obtaining copies of records (Tex. Gov't Code § 552.205).

The Tex. Gov't Code § 552.001 provides that records created by a public agency shall be subject

to inspection and release pursuant to request, except pursuant to exemptions set forth in Chapter

552 of the Texas Government Code or otherwise established by statute or judicial order. Public

requests for records of this department shall be processed as follows:

116.2.1 SUBMISSION OF PUBLIC REQUESTS FOR RECORDS

Any member of the public, including the media, may request access to records of this Department

by submitting a request for the record(s) sought in the following manner:

(a) In person at:

1. APD Headquarters located at 715 E 8th Street, Austin; or

2. Austin City Hall located at 301 W 2nd Street, Austin;

(b) By email to [email protected];

(d) Mailed to City of Austin, Public Information Request, P.O. Box 689001, Austin, Texas

78768-9001.

Requests by fax are not accepted. Any other form of receipt outside of the aforementioned will

not be considered received.

116.2.2 RECEIVING PUBLIC REQUESTS FOR RECORDS

A request will not be considered received unless it is sent to the proper email address as listed

in section 116.2.1, or it is received by one of the other listed methods. If a Department employee

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receives a request for public information by electronic mail, the employee shall respond with this

message:

“Pursuant to Section 552.301(c) of the Government Code, the City of Austin has designated

certain addresses to receive requests for public information sent by electronic mail.

For requests seeking records held by the Austin Police Department, the address is:

[email protected]. Your request will NOT be considered received unless it is

sent to the proper address.”

Once this message has been communicated to the requestor, no further response is required.

If an employee receives a request for public information in any other manner listed in section

116.2.1, that employee is responsible for forwarding the request to Central Records.

116.2.3 PROCESSING OF PUBLIC REQUESTS FOR RECORDS

The processing of requests is subject to these limitations:

(a) The authorized receiving employee shall determine if the requested record is available

and/or subject to any exemption from disclosure.

(b) The requesting party may be required to pay in advance any established fee for each

record sought depending on the volume of the request (Tex. Gov't Code § 552.261).

The Department Legal Advisor will be advised of this information and will process the

cost letter.

however, existing records may be copied in such a manner as to provide the requesting

party with unrestricted portions of any record.

116.2.4 RESPONDING TO PUBLIC REQUESTS FOR RECORDS

The Public Information Act requires governmental bodies to respond promptly to written requests

for information. "Promptly" means as soon as possible under the circumstances and without

unreasonable delay. Failure to comply with the Act may result in the mandatory release of

information that otherwise could have been withheld. The statute also contains civil and criminal

penalties for intentional violations.

(a) Media requests and requests from students will be forwarded to the Department’s

Public Information Office.

(b) With the exception of booking photos, employees shall not release information that

has not gone through the open records process and is cleared through the Department

Open Records Supervisor or Department Legal Advisor.

Supervisor will decide whether the information should be released or will be denied

due to exemptions outlined by the Attorney General. The Open Records Supervisor,

or their designee, will notify the requestor of the denial.

(d) If an Attorney General’s ruling is requested within 61 days of response to an open

records request, the Open Records Supervisor, or their designee, will notify the

Department Legal Advisor in order to request a ruling.

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116.3 OUTSIDE AGENCY REQUESTS FOR RECORDS

The Department recognizes requests from other agency should be processed in a timely

manner. Therefore, these requests are received and processed by the Department directly.

116.3.1 SUBMISSION OF OUTSIDE AGENCY REQUESTS FOR RECORDS

Outside agencies must use their agency letterhead to submit a request for records. Additionally,

requests sent via email must come from a government email address, i.e.,.gov,.org. Each request

must identify the specific record sought. Requests and subpoenas can be submitted in the

following manner:

(a) In person at APD Headquarters located at 715 E 8th Street, Austin;

(b) By email to [email protected];

(d) Mailed to Central Records, Austin Police Department, P.O. Box 689001, Austin, Texas

78768-9001; or

(e) In any manner to any employee of the Austin Regional Intelligence Center (ARIC).

116.3.2 RECEIVING OUTSIDE AGENCY REQUESTS FOR RECORDS

If an employee, other than an ARIC employee, receives an outside agency request for records, that

employee is responsible for forwarding the request to Central Records for processing. Emailed

requests shall be forwarded to [email protected].

116.3.3 AGENCIES DIRECTLY ASSISTING WITH AN INVESTIGATIONS

If an outside agency that is directly assisting with the criminal investigation of an offense requests

a copy of the offense report, then the investigator may send the report to the requesting agency

once the following steps have been completed:

(a) Verify that the person receiving the report is an authorized agent of the agency that

is making the request.

(b) Confirm that the agency requesting the report is directly assisting with the criminal

investigation.

116.4 REPORT RELEASE RESTRICTIONS

Absent a valid court order or other statutory authority, records and/or unrestricted portions of such

records of this department shall be made public subject to the following restrictions.

116.4.1 GENERAL CASE AND CRIME REPORTS

Certain information pertaining to any of the items listed below will not be released unless

authorized by the Department Legal Advisor:

(a) Victim Information - Victims of crimes who have requested that their identifying

information be kept confidential (Tex. Code Crim. Pro. art. 57.02), victims who are

minors and victims of certain offenses shall not be made public. It is a misdemeanor

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to release confidential victim information to unauthorized persons (Tex. Code Crim.

Pro. art. 57.03).

(b) Confidential Information - Information involving confidential informants, intelligence

information, information that would endanger the safety of any person involved or

information that would endanger the successful completion of the investigation or a

related investigation shall not be made public (Tex. Gov't Code § 552.108).

1. Analysis and conclusions of investigating officers may also be exempted from

disclosure.

2. If it has been noted in any report that any individual wishes to protect their right

to privacy under the Texas Constitution, such information may not be subject

to public disclosure.

3. Information on the actual identity of any victim who has filed a pseudonym form

(Tex. Code of Crim. Pro. §§ 57.02 and 57B.02).

neglect (Tex. Fam. Code § 261.201), minors and juveniles (Tex. Gov't Code § 552.148

and Tex. Fam. Code § 58.106) and elder abuse Tex. Hum. Res. Code § 40.005) shall

not be made public. Certain individuals may be allowed redacted copies of child abuse

or neglect reports; these records may be released only in accordance with Family

Code § 261.201(k) and (l).

(d) General Information - Absent statutory exemption to the contrary or other lawful

reason to deem information from reports confidential, information from unrestricted

agency reports shall be made public as outlined in Tex. Gov't Code § 552.

116.4.2 ARREST REPORTS

Arrestee information shall be subject to release in the same manner as information contained in

other reports as set forth above.

In addition to the restrictions stated above, all requests from criminal defendants and their

authorized representatives, including attorneys, shall be subject to release as prescribed by law.

Local criminal history information including, but not limited to, arrest history and disposition,

fingerprints and booking photos shall only be subject to release to those agencies and individuals

as prescribed by law.

116.4.3 TRAFFIC CRASH REPORTS (CR-3)

Traffic crash reports and related supplemental reports are privileged and for the confidential use

of only those identified by law. Employees shall not release traffic crash reports without the legal

authority to do so. Authorized persons are identified under the Texas Transportation Code and

HB 2633.

116.4.4 PERSONNEL RECORDS

Personnel records, medical records and similar records which would involve personal privacy shall

not be made public (Local Gov't Code § 143.089).

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Requests for peace officer personnel records are deemed confidential and shall not be made

public or otherwise released to unauthorized individuals or entities absent a valid court order.

Requests for such personnel records shall be forwarded to the City’s Human Resources

Department (Civil Service). If the requestor wishes to receive a copy of the Department’s

personnel records (g file), the request will be forwarded to the Department Legal Advisor.

116.4.5 INTERNAL AFFAIRS FILES

Subpoenas for documents or items from files maintained by Internal Affairs (IA) will be directed to

the IA commander or lieutenant. No documents or items will be released pursuant to a subpoena

without authorization from the Department Legal Advisor.

(a)

Any open records request for IA files will be referred to the Department Legal Advisor.

When IA is notified that an open records request has been received for a

particular file, IA personnel will review the file and forward to the Department

Legal Advisor for redactions to be completed.

The Department Legal Advisor will be consulted before any file is released in

relation to an open records request to ensure that any necessary redactions

have been completed.

If the request is submitted through the Civil Service Commission, the original

redacted case file will be transferred to the Commission as soon as possible

to ensure compliance with the statutory deadline for responding to the open

records request (10 business days or less).

116.4.6 VIDEO RECORDINGS FROM DWI STOPS

Pursuant to House Bill 3791, the Department is required to release to a person (or their designee)

stopped or arrested on suspicion of DWI, a copy of any video of the stop, arrest, field sobriety

tests, and all other interactions with the officer.

116.4.7 BODY WORN CAMERA VIDEO

Chapter 1701 of the Occupations Code outlines the requirements for releasing information

recorded by body worn cameras including recordings as evidence. An officer or other employee

commits an offense (Class A Misdemeanor) if the officer or employee releases a recording created

with a body worn camera without the permission of the department.

(a) Recordings as evidence

1. Except as provided by Subsection (a)(2), a recording created with a body worn

camera and documenting an incident that involves the use of deadly force

by a peace officer or that is otherwise related to an administrative or criminal

investigation of an officer may not be deleted, destroyed, or released to the public

until all criminal matters have been finally adjudicated and the longest retention

period has been met.

2. The department may release to the public a recording described by Subsection

(a)(1) if the Chief of Police or their designee determines that the release furthers

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a law enforcement purpose. At the request of the Chief of Police, the Internal

Affairs Unit (IA) or the Special Investigations Unit (SIU) may grant temporary

access to a video described in this section on Evidence.com for the purpose

of making a copy for public release. The person or persons to whom access

was granted shall notify IA or SIU once they have completed making the copy.

Copies shall be made within 7 days. IA or SIU will then update Evidence.com.

(b) Public Requests for Body Worn Camera Videos

1. When submitting a request for BWC video, a member of the public is required

to provide the following information:

(a) The date and approximate time of the recording;

(b) The specific location where the recording occurred; and

2. A failure to provide all of the information required by Subsection (b)(1) to be

part of a request for recorded information does not preclude the requestor from

making a future request for the same recorded information.

3. The department may not release any portion of a recording made in a private

space, or of a recording involving the investigation of conduct that constitutes

a misdemeanor punishable by fine only and does not result in arrest, without

written authorization from the person who is the subject of that portion of

the recording or, if the person is deceased, from the person's authorized

representative.

4. A BWC recording is confidential and may not be released to the public if the

recording was not required to be made under department orders and does not

relate to a law enforcement purpose.

116.5 OTHER RECORDS

Any other record not addressed in this order shall not be subject to release where such record is

exempted or prohibited from disclosure pursuant to state or federal law, including, but not limited

to provisions of the Evidence Code relating to privilege.

Any record which was created exclusively in anticipation of potential litigation involving this

department shall not be subject to public disclosure unless authorized by the Department Legal

Advisor (Tex. Gov't Code § 552.111 and 552.103).

116.5.1 PERSONAL IDENTIFYING INFORMATION

Employees shall not access, use or disclose personal identifying information, including an

individual's photograph (except booking photo), social security number, driver identification

number or identification card number, type driver’s license, expiration date, driving restrictions

and/or endorsements, state of issue, email address, date of birth and the individual's medical or

disability information, which is contained in any driver license record, motor vehicle record or any

department record except as authorized by the Department and only when such use or disclosure

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is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721

and 18 USC § 2722).

Motor vehicle records will be reviewed to redact license plate number, VIN, state of issuance,

registered owner, owner address, lienholder information, issue date, expiration date, and

insurance policy number.

The only exception is when an individual is requesting their own personal information.

116.6 SUBPOENA DUCES TECUM

When a Department employee is personally served with a subpoena duces tecum:

Any subpoena duces tecum or discovery request should be promptly provided to a supervisor for

review and processing. While a subpoena duces tecum may ultimately be subject to compliance,

it is not an order from the court that will automatically require the release of the requested

information.

All questions regarding compliance with any subpoena duces tecum should be promptly referred

to the Department Legal Advisor so that a timely response can be prepared.

When a subpoena duces tecum is received in the Open Records Unit, the Subpoena will be logged

in and promptly reviewed and processed. All questions regarding compliance with any subpoena

duces tecum shall be promptly referred to the Department Legal Advisor.

116.7 RELEASED RECORDS TO BE DOCUMENTED

Release of records by a Department employee who was personally served pursuant to a subpoena

duces tecum shall be documented by:

(a) Hard Copies, CD, or Flash Drive:

1. Release form (PD0212) identifying the individual to whom the records were

released and who released the records shall be attached to a cover letter listing

all records released.

(b) Email of records:

1. Release form (PD0212) shall be completed with an attached a copy of the

email detailing to whom the records are being released and a listing all records

released.

116.8 PRIVACY AND SECURITY OF RECORDS

Austin Police Department employees shall not access, view, distribute, or allow anyone else to

access, view, or distribute any hard copy or electronic record, file, or report, except in accordance

with Department orders and with a legitimate law enforcement or business purpose, or as

otherwise permissible by law.

All reports including, but not limited to, initial, supplemental, follow-up, evidence and property

reports, shall be maintained in a secure manner accessible only to authorized personnel.

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116.9 RECORDS RETENTION

All records will be maintained in accordance with City Code Chapter 2-11 Records

Management. A copy of department retention schedules may be obtained by contacting

the Department Records Analyst or the Office of the City Clerk. They are

also maintained at http://coaspweb1/sites/wiki/OCC/Lists/Approved%20Records%20Control

%20Schedules/Austin%20Police%20Department.aspx

No employee shall dispose of any record maintained by this department without proper

authorization from the Records Administrator or Records Analyst.

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Critical Incident - Public Release

117.1 PURPOSE

This General Order reflects the Austin Police Department’s (Department) commitment to fostering

greater public trust by increasing transparency with respect to the operations of the Austin Police

Department and the community it serves. This policy will establish criteria for when video footage

of certain police “critical incidents” as defined below, will be released to the public. Our community

has an undeniable interest in being informed, in a timely fashion and based on the most accurate

information available, about incidents where officers use lethal force, or where the use of force by

the police results in the serious bodily injury of another.

This General Order is intended to balance important interests, including: the public's interest in

transparency and police accountability, the necessity of preserving the integrity of criminal and

administrative investigations, and the privacy interests of the individuals depicted in such videos

(including the police officers involved, any victims, witnesses, or bystanders who may be on the

video, and the person upon whom force is used). This policy creates a presumption of release

pursuant to a law enforcement purpose unless the chief determines that a delay is needed to

address investigative, prosecutorial, or privacy interests.

117.2 POLICY

It is the policy of the Austin Police Department that video evidence in the Department's possession

of critical incidents involving APD be released to the public within 10 business days of the incident.

Such video evidence will be made available to the public prior to the final adjudication of all

criminal matters and prior to the conclusion of all related administrative investigations. For the

purpose of this policy, a law enforcement purpose may include, but is not limited to, solving a

crime, locating a suspect or a witness, or enhancing police-community relations. This release shall

consist of relevant video imagery that depicts the actions and events leading up to and including

the critical incident. Relevant video imagery is video and accompanying audio footage.

117.2.1 CRITICAL INCIDENTS

For purposes of this General Order, “critical incidents” are defined as:

(a) Officer-involved shootings, including unintentional discharge while in the course of

duty or in response to a call, regardless of whether a person was hit by gunfire and

even if no allegation of misconduct is made;

(b) A use of force resulting in death or serious bodily injury as defined by Section 1.07,

Texas Penal Code;

(d) Any other police encounter where the Chief of Police determines release of video

furthers a law enforcement purpose.

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(e) This General Order does not include or apply to officer-involved shootings of an

animal, an unintentional discharge during pre-shift equipment checks, or during

training/qualifications on the firing range.

117.2.2 RELEASE TIMELINES

The Department will maintain online relevant video imagery of “critical incidents” pursuant to the

following timelines:

(a) The Department will publicly release relevant video imagery within 10 business days

of the incident, excluding weekends, holidays, and City closures.

(b) If the Chief of Police determines that no video will be released following a critical

incident, then the Department will release a statement summarizing the reasons for

the decision within 10 business days of the incident with an explanation as to whether

or not an opportunity for release exists/or is possible on a future date.

according to records retention schedule as outlined in General Orders.

117.2.3 VIDEO SOURCES

The sources of video that may be released pursuant to this policy include, but are not limited

to, body-worn camera video (BWC), digital in-car video (DMAV), or other video captured by the

Department, and video captured by third parties that is in the Department's possession.

117.2.4 PRIVACY PROTECTIONS

Video will not be released where prohibited by law or court order. Further, consistent with the

protections afforded juveniles and the victims of certain crimes, video imagery shall be redacted or

edited to the extent necessary to ensure that the identity of said individual(s) is protected. Where

the video cannot be sufficiently redacted or edited to protect the person's identity, it will be withheld.

In addition, video may also be redacted or edited to protect the privacy interests of other individuals

who appear in the video. In each instance, such redaction may include removing sound or blurring

of faces and other images that would specifically identify involved individuals, sensitive locations,

or reveal legally protected information. Further, where possible, such redaction or editing shall

not compromise the depiction of what occurred during the incident.

117.2.5 DELAYED RELEASE

(a) There may be circumstances under which the release of such video must be delayed

to protect one or more of the following:

1. Safety of the involved individuals, including officers, witnesses, bystanders, or

other third parties.

2. Integrity of an active investigation (including criminal or administrative) or

criminal prosecution.

3. Confidential sources or investigative techniques.

4. Constitutional rights of an accused.

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(b) If the Chief of Police determines that no video will be released within 10 business days

following a critical incident, then the Department will release a statement summarizing

the reasons for the decision within 10 business days of the incident.

1. These reasons may not be general; they must have a factual basis and be

specific to the individual case. For example, investigators have identified but not

yet been able to interview a key witness to the incident.

2. Except where release is prohibited by law, any decision to delay release shall

be reassessed every 30 days thereafter, with any continued justification for the

delay. The video imagery in question shall be released as soon as the reason

(s) for the delay has been resolved to the satisfaction of the Chief of Police.

117.2.6 NOTIFICATIONS & CONSULTATIONS

Absent exigent circumstances, reasonable attempts shall be made to notify and, where

appropriate, consult with the following individuals or entities at least twenty-four hours prior to the

release of video imagery:

(a) Officers depicted in the video and/or significantly involved in the use of force.

(b) Subject upon whom force was used.

(d) If the subject is a juvenile, the subject's parents or legal guardian will be notified.

(e) If legal counsel represents the above listed subjects, a notification to their counsel may

serve as the notification required for this policy.

(f) District Attorney's Office and the City Attorney's Office.

(g) Office of Police Oversight.

(h) Other individuals or entities connected to the incident as deemed appropriate by the

Chief of Police.

APD shall consult and seek feedback from the Office of Police Oversight and the District Attorney's

Office on the video(s) that will be released publicly.

117.2.7 RELEASE - LIMITED WAIVER

The release of any specific video imagery does not waive the Department's right to withhold other

video imagery or investigative materials in the same case or any other case, as permitted by

law. This policy is not intended to displace or supersede any legal right or remedy available to any

person or entity, and it is also not intended to prevent or hinder compliance by the Department

with respect to any legal disclosure requirements, including but not limited to, any court order or

disclosure provisions of the Texas Public Information Act or the Texas Occupations Code, Chapter

1701, Subchapter N.

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Criminal History Record Information

118.1 PURPOSE AND SCOPE

This order provides guidelines for the release of Criminal History Record Information (CHRI),

security of that information and persons authorized to release and receive that information (Tex.

Gov't Code §§ 411.082, 411.085, 411.087 and 411.089).

118.2 AUTHORITY

This order is established pursuant to the mandates under Texas Government Code for the

Department of Public Safety to maintain, control, disseminate the information and determine who

has access to CHRI.

118.3 DEFINITIONS

Criminal History Record Information (CHRI) - Information collected about a person by a criminal

justice agency that consists of identifiable descriptions and notations of arrests, detentions,

indictments, information and other formal criminal charges and their dispositions (Tex. Gov't Code

§ 411.082(2)).

Criminal Justice Agency - Is a federal or state agency that is engaged in the administration of

criminal justice under a statute or executive order and that allocates a substantial portion of its

annual budget to the administration of criminal justice, or a non-governmental railroad or campus

police department that has obtained an originating agency identifier from the FBI (Tex. Gov't Code

§ 411.082(3)).

Criminal Justice Purpose - An activity that is included in the administration of criminal justice,

or screening of applicants for employment with a criminal justice agency (Tex. Gov't Code §

411.082(4)).

Authorized Recipient - Any person or agency authorized by court order, statute or case law to

receive CHRI.

118.4 AUTHORIZED RECIPIENTS OF CHRI

The Department is entitled to receive CHRI from the Texas Department of Public Safety (Tex.

Gov't. Code § 411.089). CHRI may only be released to authorized recipients. All law enforcement

personnel with proper identification are authorized recipients.

CHRI may be obtained by authorized recipients for criminal justice purposes only. The information

may be disseminated via radio devices when needed and if necessary to another criminal justice

agency for a criminal justice purpose (Tex. Gov't. Code § 411.089).

118.4.1 TERMINAL AGENCY COORDINATOR (TAC)

The Police Technology Lieutenant is the designated Terminal Agency Coordinator (TAC) for the

Austin Police Department. The TAC is responsible for ensuring compliance with this procedure

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and with applicable records security regulations and requirements imposed by federal and state

law, as well as resolving specific questions that arise regarding authorized recipients of CHRI.

118.4.2 RELEASE OF CHRI

Only the persons listed below are authorized to release CHRI. Each authorized person releasing

CHRI is responsible to ensure that each request granted appears legitimate and that the requester

is an authorized recipient.

(a) Terminal Agency Coordinator.

(b) All Communications Center personnel.

(d) Personnel specifically designated by the TAC and trained to receive CHRI information.

118.4.3 RELEASE OF CHRI TO FIELD PERSONNEL

CHRI shall not generally be transmitted by radio, cell phone, or through computer terminals to

field personnel or vehicles except in cases where circumstances reasonably indicate that the

immediate safety of the officer or the public are at significant risk. Examples of situations where the

transmission of summary criminal history information would be justified include a hostage situation

or an armed suspect; a routine investigation or traffic enforcement stop would not be sufficient

justification.

(a) Personnel shall not have access to CHRI until a background investigation has been

completed and approved.

(b) Nothing in this procedure is intended to prohibit broadcasting warrant information

concerning wanted persons.

118.4.4 POLICE CADETS

Police cadets are authorized access to criminal history information when under the direct

supervision of a Field Training Officer.

118.5 JUVENILE RECORDS

Nothing in this procedure is intended to alter existing statutes, case law or the policies and orders of

both the county's juvenile board and the designated juvenile court regarding the release of juvenile

offender records. Juvenile records and information are confidential and may only be disclosed

pursuant to Tex. Fam. Code § 58.005.

118.6 REVIEW OF CRIMINAL OFFENDER RECORD

The Texas Department of Public Safety provides the authority and procedure whereby an

individual may review their own criminal history record (Tex. Gov't Code 411.135).

An individual seeking to review thier arrest or conviction record should be directed to contact

the Texas Department of Public Safety. The requirements and fees can be found at http://

www.txdps.state.tx.us.

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118.7 COMPUTER ACCESS AND DESTRUCTION OF CHRI

118.7.1 CHRI COMPUTER TERMINAL SECURITY

OMNIXX Computer terminals capable of providing access to automated CHRI are located at

various locations throughout the Department.

(a)

No employee shall be authorized to operate computer terminal equipment with access

to CHRI until the operator has completed the appropriate training.

118.7.2 DESTRUCTION OF CHRI

Employees are responsible for ensuring the destruction of physical media containing CHRI once

the media has served the purpose for which it was obtained. Physical media shall be destroyed

by shredding or by placing the media in an authorized shred bin.

Employees are responsible for sanitizing electronic media containing CHRI once the media has

served the purpose for which it was obtained. Employees shall sanitize electronic media by

overwriting the media at least 3 times or by degaussing prior to disposal. Inoperable electronic

media shall be destroyed. The destruction and/or sanitization of electronic media shall be tracked

and logged.

The destruction and/or sanitization of all physical and electronic media shall be carried out or

witnessed by authorized personnel in accordance with records retention schedules.

Examples ofmedia include, but are not limited to, paper, hard drives, SD Drives, CDs, DVDs, tape,

USB “thumb drives”, etc.

118.8 CERTIFICATION REQUIREMENT

All personnel authorized to process, view and/or release CHRI shall be required to maintain

certification as required by the Texas Department of Public Safety.

118.9 PENALTIES FOR MISUSE OF RECORDS

The Tex. Gov't Code § 411.085 makes it a Class B misdemeanor to obtain CHRI in an

unauthorized manner, to use the information for an unauthorized purpose, to disclose the

information to a person who is not entitled to the information or to provide a person with a copy of

the person's criminal history record information or to violate any rule pertaining to CHRI adopted

by Department of Public Safety under state law. In addition, Tex. Gov't. Code § 411.085 makes it

a second degree felony if the CHRI is obtained, used or disclosed for remuneration or the promise

of remuneration. The following violations may also result in administrative penalties:

(a) Divulging the content of any criminal record to anyone other than authorized

personnel.

(b) Obtaining or attempting to obtain information from department files other than that to

which an employee is entitled in accordance with their official duties.

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118.10 EXPUNCTION OF FILES

For the purposes of this section, "expunge" means to remove all data or materials relating to a

particular arrest from all files in such a manner that there is no indication that such data or materials

ever existed or have been removed.

(a) Expunction is done by physically destroying such data or materials, or by sending all

such material to District Court pursuant to a court order. Expunction of files will be done

in compliance with Chapter 55 of the Code of Criminal Procedure and will include any

record(s), arrest and identification files from any section which would have such files.

(b) Expunction procedures may relate to:

1. Arrest records which are indexed, accessed, and filed by individual name, and

which are retrieved by reference to name (such as "rap sheets").

2. Any data or materials identifying an individual, such as fingerprints, fingerprint

classifications, photographs, or other items contained in an information system

that are accessible by name, and which indicate any arrest or criminal offender

information including, but not limited to, that contained in:

(a) Arrest index cards (Identification).

(b) Computer data banks known offender files.

118.10.1 EXPUNCTION REQUESTS

(a) The APD legal advisor is designated as the recipient of requests for expunction. Any

employee receiving a request for expunction of Department records shall immediately

hand deliver the request to the legal advisor.

(b) The Identification Unit and Central Records Unit are the authorized coordinating

bodies for implementing expunction procedures as ordered by the court.

1. All Department personnel will provide assistance and support to the Identification

Section and Central Records Section in order to ensure compliance with this

order.

2. The Identification and Central Records managers or designees are responsible

for returning all expunged records and files to the legal advisor in a timely

manner.

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Inspections

123.1 PURPOSE AND SCOPE

The inspection process compares Departmental formal expectations with actual performance.

This process is an essential mechanism for evaluating the quality of departmental operations;

ensuring that the Departmental goals are being pursued; identifying the need for additional

resources; and ensuring control is maintained throughout the Department.

123.1.1 TYPES OF INSPECTIONS DEFINED

(a) Staff Inspection, An inspection performed by the Inspections Unit that generally

focuses on agency procedures to promote an objective review of departmental

administrative and operational activities, facilities, property, equipment, and personnel

outside the normal supervisory and/or line inspection

(b) Line Inspection, An inspection performed at frequent intervals by line supervisors

to ensure that departmental employees are adhering to established policies and

procedures. Examples are:

1. Personal appearance (dress and groom),

2. Use and maintenance of equipment,

3. Driver's License, or

4. Weapon.

123.1.2 INSPECTION FREQUENCY AND RESPONSIBILITY

(a) Staff Inspections are conducted by the Inspections Unit as directed by the Chief or

their designee. Specific responsibilities of the Inspection Unit are outlined in the Risk

Management SOP.

(b) Line Inspections are conducted by supervisors in accordance with:

1. Chapter 3, Field Operations, Custody, and Traffic Enforcement Guidelines,

2. Chapter 5, Field Support Operations, and

3. Chapter 8, Equipment Policies.

123.1.3 COMPLIANCE REQUIRED

The Inspection Unit acts under direct authority of the Chief and compliance with a Staff Inspection

is required.

(a) The Chief will receive an inspection report containing the recommendation(s) of the

Inspections Unit. The report will contain the responses to those recommendations by

the affected Commander(s).

(b) The Chief has final approval and/or appropriate disposition of the recommendations.

implementation, additional research and/or follow-up of the final recommendations

shall adhere to the Chief's designated timeline.

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Watch Lieutenant

124.1 PURPOSE AND SCOPE

The Watch Lieutenant (WL) is a lieutenant that assists CTECC in matters which may require

management level decisions.

124.2 WATCH LIEUTENANT RESPONSIBILITIES

The WL is entrusted with the responsibility, among many others, to maintain efficient department

operations at all times but especially during those situations that place stresses on critical

department resources. This important task is one that separates the WL function from other

lieutenant positions.

(a) The WL may be called upon to move personnel resources within and amongst

divisions.

(b) At times the WL's decision regarding movement of those resources may be counter

to the wishes of the lieutenant in direct command. It is understood that the authority

of the WL supersedes that of their peers during those emergency situations.

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Meet and Confer

127.1 PURPOSE AND SCOPE

Chapter 143 of the Texas Local Government Code allows the City of Austin to adopt a collective

bargaining process called "Meet and Confer." This process allows the City and the Department

to negotiate and enter into a written agreement with the labor organization representing sworn

employees concerning wages, work hours and other terms of employment. The written agreement

is known as the "Meet and Confer Agreement."

127.2 MEET AND CONFER NEGOTIATIONS PROCESS

Under the City Charter and City-HR policies, the City Manager has overall responsibility for

negotiating and administering contracts for the City, and shall manage the City's participation in the

Meet and Confer process. The Chief is responsible for managing the Department's participation

in the process. The City Manager and the Chief will conduct Meet and Confer negotiations jointly.

(a) City Bargaining Team

1. The City Manager and the Chief will designate the members of the City

bargaining team serving as the City's sole and exclusive bargaining agent.

(b) Sworn Employee Bargaining Team

1. The Austin Police Association (APA) is a labor organization that is currently

designated by a majority of the sworn employees as their bargaining unit for the

Meet and Confer negotiation. The City will only participate in negotiations with

the APA.

2. The APA may request information from the Department or City that is relevant to

the negotiation or administration of the contract agreement. Any such requests

shall be made by the APA's primary negotiator and submitted to the City

bargaining team.

establish ground rules to govern the bargaining process.

127.3 MANAGEMENT OF MEET AND CONFER AGREEMENT

(a) The City will abide, in both letter and spirit, to a negotiated labor agreement that has

been signed by City Management, approved by a majority of the City Council, and

ratified by a majority of the APA voting membership.

(b) Subsequent to ratification of the agreement by all parties, the City Manager and

Department shall review and amend all written directives to coincide with the terms of

the Meet and Confer agreement.

to the supervisors of bargaining team personnel.

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Chapter 2 - Response to Resistance and Pursuit

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Response to Resistance

200.1 PURPOSE AND SCOPE

This order recognizes that the use of force in response to resistance by law enforcement requires

constant evaluation and that response to resistance is a serious responsibility. The purpose of

this order is to provide officers with guidelines on objectively reasonable response to resistance.

While there is no way to specify the exact amount or type of objectively reasonable force to be

applied in any situation, each officer is expected to use these guidelines to make such decisions

in a professional, impartial, and objectively reasonable manner.

This order is written in terms to apply to sworn officers. In incidents where civilian employees

are authorized to use force, they are subject to the same policies and procedures as officers but

the test of objective reasonableness is judged from the perspective of an objectively reasonable

civilian employee.

Additionally, this order will provide directives and guidelines on the following:

(a) De-escalation principals and techniques.

(b) Parameters relating to the use of objectively reasonable force.

(d) Providing medical assistance to injured subjects.

200.1.1 PHILOSOPHY

The use of force by law enforcement personnel is a matter of critical concern both to the public

and to the law enforcement community. Officers are involved on a daily basis in numerous and

varied human encounters and when warranted, may exercise control over another in carrying out

their duties.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. It is also understood that vesting officers with the authority to use lawful and objectively

reasonable force and to protect the public welfare requires a careful balancing of all human

interests.

Officers should recognize that their conduct prior to the use of force may be a factor which can

influence the level of force necessary in a situation.

200.1.2 DEFINITIONS

Bodily Injury - Physical pain, illness or any impairment of physical condition (Tex. Penal Code

§ 1.07(a)(8)).

Serious Bodily Injury - Bodily injury that creates a substantial risk of death or that causes death,

serious permanent disfigurement or protracted loss or impairment of the function of any bodily

member or organ (Tex. Penal Code § 1.07(a)(46)).

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De-escalation - Using techniques to stabilize the situation and reduce the immediacy of the

threat, so that more options and resources are available to bring about a successful resolution

to an encounter with a non-compliant subject. The goal of de-escalation is to gain the voluntary

compliance of subjects, when feasible, thereby eliminating the need to use force in response to

resistance.

De-escalation Techniques - Communicative or other actions used by officers, when safe, and

without compromising law-enforcement priorities, that are designed to increase the likelihood of

gaining voluntary compliance from a non-compliant subject, and reduce the likelihood of using

force in response to resistance.

Deadly Force - Force that is intended or known by the officer to cause, or in the manner of its use

or intended use is capable of causing death or serious bodily injury (Tex. Penal Code § 9.01(3)).

Force - Any physical contact with a subject by an officer using the body or any object, device, or

weapon, not including unresisted escorting or handcuffing a subject.

Non-Deadly Force - Any application of force other than deadly force.

Objectively Reasonable - An objective standard viewed from the perspective of a reasonable

officer on the scene, without the benefit of 20/20 hindsight, and within the limitations of the totality

of the circumstances presented at the time of the incident.

200.1.3 DUTY TO INTERCEDE

Any officer who observes another officer, regardless of rank, using force the officer knows or

should know is not objectively reasonable shall immediately intervene to stop or prevent the use

of force or further use of force if the officer has a reasonable opportunity to stop or prevent the

use of force or further use of force.

(a) Officers intervening shall take effective and escalating measures to stop or prevent

the use of force or further use of force. These measures may include, but are not

limited to, voice commands and physical contact with the officer using force.

(b) Officers who witness the use of objectively unreasonable force by another officer

must promptly make a detailed report of these observations to a supervisor. Any

supervisor receiving such a report shall promptly conduct an initial fact gathering

inquiry and forward all gathered information as outlined in General Order 900.2

Required Reporting of Violations.

200.1.4 NOTICE OF AUTHORITY AND IDENTITY

If it is not already reasonably known by the subject to be searched or arrested, or it is not

reasonably impracticable to do so, officers should make clear their intent to arrest or search and

identify themselves as a peace officer before using force (Tex. Penal Code § 9.51(a)(2)).

200.1.5 RESPONSE TO RESISTANCE RELATED ORDERS

(a) General Order 200 (Response to Resistance).

(b) General Order 202 (Firearm Discharge Situations).

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(d) General Order 206 (Control Devices and Techniques).

(e) General Order 208 (TASER® Guidelines).

(f) General Order 211 (Response to Resistance Inquiry, Reporting and Review).

(g) General Order 212 (Force Review Board).

200.2 DE-ESCALATION

When safe and reasonable under the totality of circumstances, officers shall use de-escalation

techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.

Nothing in this de-escalation policy requires an officer to place themselves in harm's way to attempt

to de-escalate a situation. Recognizing that circumstances may rapidly change, officers may need

to abandon de-escalation efforts after they have commenced. Understanding that no policy can

realistically predict every situation an officer might encounter, the Department recognizes that

each officer must be entrusted with well-reasoned discretion in determining the reasonable de-

escalation techniques to use in a situation. This discretion is subject to supervisory review. It is

the duty of supervisors to ensure that subordinates utilize the tactics and techniques required by

this order. This de-escalation order is intended to complement, not replace or supersede, other

portions of the APD General Orders or specific officer training that addresses de-escalation.

200.2.1 ASSESSMENT AND DE-ESCALATION

As officers arrive on the scene, observe conditions, and interact with the persons there, they

should continue to gather additional relevant information and facts. These assessments, along

with reasonable inferences help to develop an understanding of the totality of the circumstances

of the incident.

(a) Assessing Risks and Benefits – After an officer has gathered sufficient information to

ascertain anticipated threats at the scene, they shall consider whether de-escalation

is appropriate. Factors that should be considered are:

1. whether the officer believes the search, arrest or transportation must be

undertaken immediately;

2. what risks and benefits may be associated with delaying immediate action;

3. what contingencies may arise;

4. whether the situation requires a supervisor's response;

5. whether other officers may be needed on the scene, including special units, such

as CIT or CINT;

6. whether other resources (e.g. less-lethal weaponry, special equipment, or other

emergency professionals, interpreters or other persons) are needed; and

7. whether effective communication can be achieved.

(a) is the subject under the influence of drugs or alcohol?

(b) does the subject have hearing or vision capabilities?

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(d) are there conflicting noises or other distractions? (e.g. multiple officers

giving commands at the same time, other loud noises); and

8. other factor(s) relevant to assessing risks, benefits and contingencies.

Having completed the above outlined assessment the officers shall, if reasonable, identify and

employ appropriate de-escalation techniques.

(b) Use of De-escalation Techniques – Employing de-escalation techniques may involve

securing additional resources, tactical repositioning, and employing verbal persuasion.

1. Securing Additional Resources -- Officers may utilize additional resources which

are reasonably calculated to lessen or possibly eliminate the need to respond

to resistance in a situation. To the extent possible and reasonable, in light of the

totality of the circumstances, officers should avoid physical confrontation until

such time as additional resources have arrived to assist. Additional resources

may include:

(a) less lethal weaponry;

(b) additional officers;

(d) any other persons whose presence may help de-escalate the situation

(e.g., emergency medical professionals, interpreters, or supportive family

members).

2. Tactical Repositioning -- To delay or avoid physical confrontation, officers may

wish to employ any one or more of the following tactical repositioning measures,

to the extent possible and reasonable in light of the totality of circumstances:

(a) maintain safe physical distance from the subject;

(b) maintain cover behind existing or assembled physical barriers; or

3. Verbal Persuasion - Communication is a crucial tool when attempting to de-

escalate. Effectively communicating with the subject can lead to successful

outcomes, and could be as simple as effectively communicating "why" to the

subject. For example, explaining to the subject why he or she is being detained

or placed under arrest. To the extent possible and reasonable under the totality

of the circumstances, officers shall use one or more of the following verbal

techniques when practicable to try to calm an agitated subject and promote

rational decisions.

(a) Treat the subject with dignity and respect, the way the officer would wish

to be treated if they stood in the subject's shoes;

(b) Listen to the subject's side of the story and permit them to express

frustration;

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to happen;

(d) Explain why the officer is taking a specific action, again permitting the

subject to respond and acknowledging their perspective;

(e) If possible, provide the subject with alternatives, even though those

alternatives may be limited;

(f) Advise the subject of the consequences for noncompliance;

(g) Offer reasonable, professional advice if it is expected to help; or

(h) Provide the subject with reasonably sufficient time within which to respond

to directives.

200.3 RESISTANCE

In any force encounter, and regardless of the tool/weapon/tactic chosen by the officer, the

officer's decision to use the tool/weapon/tactic is dependent upon the suspect's level of resistance,

the threat reasonably posed by the suspect to the officer or another, and the totality of the

circumstances known to the officer at that time.

(a) Types of Resistance

1. No Resistance (Compliant) - A subject who does not resist and follows all

commands is compliant. Only a law enforcement officer's presence and verbal

commands are required when dealing with these subjects; no coercive physical

contact is necessary.

2. Passive Resistance (Non-Compliant) - A passively resistant subject that fails

to take voluntary physical action to obey officer commands yet do not offer

physical resistance when officers are forced to take physical control of them due

to non-compliance.

(a) An example would be a subject going limp during an arrest. Among other

things, General Orders do not allow for the use of a Taser when the only

resistance offered is passive resistance.

3. Defensive Resistance - Defensive resistance is voluntary physical movement

and / or muscular tension resistance by a subject that attempts to prevent the

officer's control.

(a) This is the most common type of resistance encountered by officers.

(b) The situational context (totality of the circumstances) must be considered

when determining if a subject is defensively resisting or merely passively

resisting. Likewise, the "totality of the circumstances" must be considered

when choosing which level of force is necessary to control the situation,

and prevent unnecessary harm.

away from the officer's grasp, locking arms under their body, resisting

handcuffing/frisk, fleeing from an officer, or evading arrest by concealment.

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4. Aggressive Resistance - Aggressive resistance is an offensive action by the

subject who attempts to push, throw, strike, tackle, or physically harm the officer

or another person.

(a) If the officer or members of the public are threatened by the subject's

actions, the officer must respond with appropriate force to stop the attack

and defend himself/herself or others.

5. Deadly Resistance - Deadly Resistance is an offensive action by the subject

that could seriously injure or kill the officer or another person if immediate action

is not taken to stop the threat.

(b) Preparatory Actions Indicating Greater Resistance - Although, on the surface,

a suspect may offer or exhibit behaviors associated with not being resistant or a

lower level of resistance such as "passive resistance," or "defensive resistance," the

officer may also recognize the subject is preparing to offer greater resistance or

launch an attack through specific, articulable behavioral cues (verbal, non-verbal and/

or physical). Depending on the circumstances, certain forms of passive resistance,

such as verbal non-compliance and/or verbal threats, may be indicators the subject is

preparing for a higher level of resistance than is actually being displayed. The officer

must be prepared to adjust tactics and/or defend themselves from such a sudden

change or attack. Officers do not need to suffer an injury or wait for a physical attack

to manifest itself before taking actions to protect themselves or others.

1. Preparatory actions indicating greater resistance may be exhibited or observed

during any of the preceding types of resistance. In response, the appropriate

degree of objectively reasonable force would depend on the articulable and

specific threat actually perceived by the officer at that time and the totality of the

circumstances surrounding the interaction.

2. Officers shall articulate the specific observations and the actions displayed by

the subject which would lead a reasonable officer in their position to believe

the subject was preparing to offer a higher level of resistance than previously

observed.

3. For example, a subject who has been told they are under arrest who then tells

the officer they are not going to jail as they ball their hand into a fist and raise

their arm could be perceived as displaying preparatory aggressive resistance

by taking physical actions in preparation to resist arrest by striking the officer

(balling their fist and raising their arm as if preparing to throw a punch).

200.4 RESPONSE TO RESISTANCE

All responses to resistance must be objectively reasonable. In other words, another reasonable

officer, faced with the same circumstances, could believe that the officer's response to resistance

was reasonable based on the threat, level of resistance, and totality of the circumstances.

While the type and extent of force may vary, it is the policy of this department that officers use only

that amount of objectively reasonable force which appears necessary under the circumstances to

successfully accomplish the legitimate law enforcement purpose in accordance with this order.

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(a) Assessment shall be ongoing – As the circumstances of a situation change, the

force necessary to affect a detention, arrest, search, or transportation of a subject or

to protect officer or other persons from imminent harm may also change. Officers

will therefore need to re-evaluate their determination of the appropriate response to

resistance as circumstances change.

(b) Officer Discretion - Understanding that no order can realistically predict every situation

an officer might encounter, it is recognized that each officer must be entrusted

with well-reasoned discretion in determining the objectively reasonable response to

resistance in each incident.

of the following techniques: chokeholds, strangleholds, vascular neck restraints, or

carotid neck restraints.

1. Chokeholds and strangleholds are defined as applying direct or indirect pressure

by any means to an individual's throat, windpipe, trachea, or airway in a manner

that is reasonably likely or intended to prevent, reduce, or hinder the intake of

air, block the ability to breathe, or compress the airway.

2. Vascular and carotid neck restraints are defined as applying direct or indirect

pressure to an individual's neck in a manner that is reasonably likely or intended

to prevent, reduce, or hinder the blood flow to the brain through the vascular

system or carotid arteries.

(d) Improvising Permitted - Circumstances may arise in which officers reasonably believe

that it would be impracticable or ineffective to use a standard tool, weapon, or method

provided by the Department. Officers may find it more effective or practicable to

improvise their response to rapidly unfolding conditions they are confronting. In such

circumstances, the use of any improvised device or method must still be objectively

reasonable and used only to the extent which reasonably appears necessary to

accomplish a legitimate law enforcement purpose.

(e) Injury to Officer Not Required - While it is the ultimate objective of every law

enforcement encounter to minimize injury to everyone involved, nothing in this order

requires an officer to actually sustain physical injury before applying objectively

reasonable force.

(f) Reporting Required - Any complaint by a subject that an officer caused pain or injury

shall be treated as a response to resistance force incident, except complaints of minor

discomfort from unresisted handcuffing.

200.4.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE

Any interpretation of objective reasonableness about the amount of force that reasonably appears

to be necessary in a particular situation must allow for the fact that police officers are often forced to

make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and

the amount of time available to evaluate and respond to changing circumstances may influence

their decisions. The question is whether the officer's actions are "objectively reasonable" in light

of the facts and circumstances confronting them.

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(a) When determining whether to apply any level of force and evaluating whether an

officer has used objectively reasonable force, a number of factors should be taken into

consideration. These factors include, but are not limited to:

1. Reasonable opportunity for the officer to engage in de-escalation;

2. The conduct of the individual being confronted as reasonably perceived by the

officer at the time;

3. Officer and subject factors such as age, size, relative strength, skill level, injury/

level of exhaustion and number of officers versus subjects;

4. Influence of drugs and alcohol or mental capacity;

5. Proximity of weapons;

6. The degree to which the subject has been effectively restrained and their ability

to resist despite being restrained;

7. Time and circumstances permitting, the reasonable availability of other

resources to the officer;

8. Seriousness of the suspected offense or reason for contact with the individual;

9. Training and experience of the officer;

10. Potential for injury to citizens, officers and subjects;

11. Risk of escape;

12. Whether the conduct of the individual being confronted no longer reasonably

appears to pose an imminent threat to the officer or others; or

13. Other exigent circumstances.

200.4.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A

An officer is justified in using reasonable force when the officer reasonably believes the use of

such force is immediately necessary (Tex. Penal Code § 9.51(a)):

(a) To make or assist in a detention or an arrest, or to conduct a search that the officer

reasonably believes is lawful;

(b) To prevent or assist in preventing escape after an arrest, provided the officer

reasonably believes the arrest or search is lawful; or

believes is valid.

200.5 DEADLY FORCE APPLICATIONS

An officer has no duty to retreat and is only justified in using deadly force against another when

and to the extent the officer reasonably believes the deadly force is immediately necessary to

(Tex. Penal Code § 9.51(c) and (e)):

(a) Protect themselves or others from what they reasonably believe would be an imminent

threat of death or serious bodily injury.

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(b) Make an arrest or to prevent escape after arrest when the officer has probable cause

to believe that:

1. The subject has committed or intends to commit an offense involving the infliction

or threatened infliction of serious bodily injury or death; or

2. The officer reasonably believes that there is an imminent or potential risk of

serious bodily injury or death to any other person if the subject is not immediately

apprehended.

200.6 REPORTING THE RESPONSE TO RESISTANCE

Any response to resistance by a member of this department shall be documented promptly,

completely and accurately in an appropriate report as prescribed by General Order 211 (Response

to Resistance Inquiry, Reporting, and Review).

200.6.1 NOTIFICATION TO SUPERVISORS

Supervisor notification shall be made as soon as practicable following any force incident or

allegation of force.

200.6.2 DUTY TO GIVE AID AND MEDICAL CARE

Prior to booking or release, medical assistance shall be obtained for any subject who has sustained

visible injury, expressed a complaint of injury or continuing pain or who has been rendered

unconscious. Based upon the officer's initial assessment of the nature and extent of the subject's

injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital

staff or medical staff at the jail.

A subject who exhibits extreme agitation, violent irrational behavior accompanied by profuse

sweating, extraordinary strength beyond their physical characteristics and impervious to pain, or

who requires a protracted physical encounter with multiple officers to be brought under control,

may be at an increased risk of sudden death and shall be examined by qualified medical personnel

as soon practicable. Any individual exhibiting signs of distress after such an encounter shall be

medically cleared prior to booking.

If any individual refuses medical attention, such a refusal shall be fully documented in related

reports and, whenever practicable, should be witnessed by another officer and/or medical

personnel. If an audio recording is made of the contact or an interview with the individual, any

refusal should be included, if possible.

200.6.3 ASSISTING MEDICAL PROFESSIONALS

(a) An officer who restrains a patient to assist medical personnel, with an amount of force

which does not rise above the level of holding the patient down (e.g. arms, legs, foot,

torso) is not required to report a Response to Resistance or notify their supervisor as

outlined in General Orders 211 and 200.5.1.

1. Medical personnel are:

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(a) Medical staff at a medical facility (e.g. Brackenridge, Austin State Hospital,

Seton)

(b) Licensed emergency medical technicians (EMT), phlebotomist, or other

medical professional in performance of their official medical duties

(b) If an officer uses a level of force greater than merely holding a limb or applying

bodily weight on the patient, the officer will adhere to General Orders 211 and 200.5.1

Response to Resistance by:

1. Notifying their supervisor, and

2. Completing an incident report including the title code 8400.

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Firearm Discharge Situations

202.1 PURPOSE AND SCOPE

The purpose of this order is to establish procedures for the use and reporting of incidents

involving the discharge of firearms. This order is for internal use only and does not increase the

Department's and/or an officer's civil or criminal liability in any way. Violations of this order can

only form the basis for departmental administrative actions.

202.2 POLICY

It is the policy of this department to resort to the use of a firearm when it reasonably appears to

be necessary under the circumstances. Officers are reminded of the Department's Philosophy,

which states: The protection of life is the primary core value and guiding principle of the Austin

Police Department. As such, all employees will strive to preserve human life while recognizing

that duty may require the use of deadly force, as a last resort, after other reasonable alternatives

have failed or been determined impractical.

(a) An officer has no duty to retreat and is only justified in using deadly force against

another when and to the extent the officer reasonably believes the deadly force is

immediately necessary to (Tex. Penal Code § 9.51(c) and (e)):

1. Protect themselves or others from what they reasonably believes would be an

imminent threat of death or serious bodily injury.

2. Make an arrest or to prevent escape after arrest when the officer has probable

cause to believe that:

(a) The subject has committed or intends to commit an offense involving the

infliction or threatened infliction of serious bodily injury or death; or

(b) The officer reasonably believes that there is an imminent or potential risk

of serious bodily injury or death to any other person if the subject is not

immediately apprehended.

(b) To stop a dangerous and aggressive animal:

1. In circumstances where officers encounter any animal which reasonably

appears to pose an imminent threat of bodily injury to officers or others, officers

are authorized to use objectively reasonable force up to and including deadly

force (when lesser means would be impractical) to neutralize the threat. If time

and distance permit, an officer may consider using the following less-lethal

options:

(a) Fire Extinguisher

(b) Oleoresin Capsicum spray

(d) Assistance of Animal Control

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2. In circumstances in which officers have sufficient advanced notice that a

potentially dangerous domestic animal (e.g., dog) may be encountered, such

as in the serving of a search warrant, officers should develop reasonable

contingency plans for dealing with the animal without the use of deadly

force (e.g., fire extinguisher, TASER Device, oleoresin capsicum (OC) spray,

assistance of animal control). Nothing in this order shall prohibit any officer

from resorting to deadly force to control a dangerous animal if circumstances

reasonably dictate that a contingency plan has failed or becomes impracticable.

3. In the event force is used against an animal by an officer and the animal is

injured or there is a reasonable belief the animal was injured, regardless of

whether visible injury exists, officers shall make a reasonable attempt to ensure

the animal receives care for its' injuries. This may include but is not limited to:

(a) Contacting the owner to arrange private treatment in an appropriate time

frame.

(b) Contacting Animal Control to have the animal collected and treated

(d) Transporting the animal to a veterinary facility

injured that human compassion requires its removal from further suffering and where

other dispositions are impracticable.

(d) For target practice or recreational shooting at an approved range or any area where

firing a weapon would be safe and not a violation of law.

Where feasible, a warning should be given before an officer resorts to deadly force as outlined

(a), (b) or (c) above. A specific warning that deadly force will be used is not required by this

order; only that a warning be given if feasible. When feasible, warnings or orders should be

given by one officer to avoid conflicting orders or talking over each other, rendering the orders

incomprehensible. Warnings or orders should be given in a clear and understandable manner.

202.3 DEFINITIONS

Unintentional Discharge – The discharge of a firearm that the shooter did not intend to occur.

Preventable Discharge – An unintentional discharge that constitutes a gross deviation from

Department training received prior to the incident or a discharge which exhibits a failure to exercise

the care that a reasonably prudent employee would have exercised in similar circumstances.

Firearm – For the purposes of this policy, a firearm is any device designed, made, or adapted

to expel a projectile through a barrel by using the energy generated by an explosion or burning

substance or any device readily convertible to that use (e.g. handgun, rifle, shotgun, less lethal

shotgun).

Department Used Firearm – Any firearm used by an officer, whether personally owned or owned

by the Department, in the course and scope of being a peace officer.

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Personally Used Firearm – Any firearm not owned by the Department and used outside the

course and scope of the duties of being a peace officer.

202.4 WARNING SHOTS

Warning shots are prohibited.

202.5 MOVING VEHICLES

This order is not intended to restrict an officer's right to use deadly force directed at the operator

of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon against

the officer or others. Officers who utilize a firearm against a vehicle or operator of a vehicle must

meet the same standards established in 202.1.1(a) above.

(a) Officers are prohibited from Discharging a firearm at a moving vehicle unless the officer

reasonably believes that:

1. a person in the vehicle is immediately threatening the officer or other person

with serious bodily injury or death by means other than the vehicle itself (e.g.,

driver firing at the officer or others with a firearm); or

2. the person operating the vehicle intends to strike the officer or other person(s),

and all other reasonable means of defense have been exhausted (or are not

present or practical), which includes moving out of the path of the vehicle.

(b) Officers shall exercise good judgment and will not place themselves in the path of a

moving vehicle since doing so may increase the likelihood of having to resort to the

use of deadly force.

make every reasonable attempt to move out of the path of any approaching vehicle.

(d) When encountering a vehicle being operated in a threatening manner, officers may

leave a position of cover only:

1. to utilize an avenue of escape

2. to move to a position of better cover, or

3. if the need to apprehend the suspect or stop the threat outweighs the danger

imposed to the officer or any other person.

(e) Disabling a vehicle by use of a firearm will only be attempted under extraordinary

circumstances. Officers who utilize a firearm against a vehicle or operator of a vehicle

must meet the same standards established in 202.1.1(a) above.

(f) Officers should be aware of the following:

1. Firearms discharged at moving motor vehicles are unlikely to stop the vehicle's

movement.

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2. If the vehicle operator is incapacitated, the vehicle could crash and cause injuries

to officers/ and/or other innocent bystanders.

(g) Officers shall not discharge a firearm from inside a moving vehicle unless the officer

reasonably believes that:

1. deadly force is necessary to protect the officer or others from an imminent threat

of death or serious bodily injury; and

2. no other reasonable alternative exists.

202.6 DISPLAY OF FIREARMS

Firearms may be readied for use in situations where it is anticipated they may be required.

Firearms shall not be displayed or pointed in a threatening or intimidating fashion unless it is

objectively reasonable to believe there is a substantial risk that the situation may escalate to the

point where deadly force would be permitted. Firearms shall be secured or re-holstered as soon

as reasonably practicable when it is determined that deadly force is no longer necessary.

202.7 REPORTING OF INTENTIONAL FIREARM DISCHARGE AGAINST A PERSON

For any intentional firearm discharge against a person, regardless of whether the person is hit,

the incident shall be handled as a Level 1 Force Incident and the employee shall comply with the

reporting procedures prescribed in Policy 211 (Response to Resistance Inquiry, Reporting and

Review).

202.8 REPORTING OF INTENTIONAL FIREARM DISCHARGE AGAINST AN ANIMAL

This section is written to cover the reporting procedures for the following situations:

(a) The humane destruction of a seriously injured animal.

(b) In defense against an attacking or dangerous animal.

Any intentional firearm discharge which results in an injury to another person will be investigated

by SIU (211.2.1).

202.8.1 REPORTING A FIREARM DISCHARGE FOR THE HUMANE DESTRUCTION OF A

SERIOUSLY INJURED ANIMAL

The following reporting guidelines shall be followed for the humane destruction of a seriously

injured animal or an attacking or dangerous animal.

(a) Employees who need to destroy a seriously injured animal for humane reasons shall

first request approval from a supervisor.

(b) Employees shall complete an incident report entitled Injured Animal Firearm Used

(Title Code 3449-7). The incident report should detail the circumstances requiring the

animal's destruction. The authorizing supervisor should be identified in this report.

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1. Add a comment in the CAD call notating their notification and approval.

2. Send e-mail notifications with the incident report number prior to the end of the

tour of duty to the:

(a) Involved employee's chain of command up to the lieutenant.

3. Review the primary reporting employees' incident report and add a Versadex

case note to the report to document they were notified, if they responded to the

scene, and whether they have reviewed the incident

(d) Each level of the chain-of-command, up to the lieutenant, shall review the incident and

complete a case note to document their review. In the event the reviewing lieutenant

identifies concerns with the destruction, they will notify the commander.

(e) The chain-of-command shall determine what, if any, corrective action is needed.

(f) Employees are not required to be placed on restricted duty.

202.8.2 REPORTING A FIREARM DISCHARGE AGAINST A DANGEROUS AND

THREATENING ANIMAL

The following reporting guidelines will be followed for the destruction of a dangerous or attacking

animal.

(a) Employees who destroy an attacking or dangerous animal will notify their supervisor

or another on-duty supervisor in the absence of their immediate supervisor, as soon

as practical.

(b) The supervisor, or designated acting supervisor, will respond to the scene and conduct

an on-scene investigation of the incident, interview witnesses, and insure digital

photographs are taken and downloaded into the Digital Crime Scene Management

System.

Dangerous Animal - Firearm Used (3434-7) detailing the event and the reason(s) for

selecting deadly force over other force options..

(d) Investigating supervisors will complete a supplement to the incident report detailing

their investigation and findings.

(e) The investigating supervisor will notify, via e-mail, each member of the involved

employee's chain of command up to the assistant chief when the investigation is ready

for review. This notification will include the incident report number. Each member of

the chain-of-command through the assistant chief shall add a Versadex case note to

the incident report indicating they have reviewed the incident.

(f) The chain-of-command will determine what, if any, corrective action is needed.

(g) Employees are not required to be placed on restricted duty.

202.9 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE

This section is written to cover the reporting procedures for t unintentional firearm discharge

situations.

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(a) If an unintentional discharge involves a Department used firearm and there is a

possible mechanical malfunction, the firearm shall be seized and turned over to the

Training Academy for inspection.

(b) Any unintentional discharge of any firearm that does not result in injury, or only injury

to self, shall be reported to the involved officer's supervisor as soon as practicable.

The supervisor will determine if the unintentional discharge will be handled as a Class

B Investigation under General Order 902 (Administrative Investigations).

shall be handled as a Level 1 Force incident. The involved firearm may be seized by

the investigating agency.

202.9.1 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE WHILE ON-DUTY

The following reporting guidelines will be followed when an employee discharges a firearm

unintentionally while on-duty.

(a) While in Training at the APD Firearms Range or at a Department Approved Training

Site.

1. If the result is death or injury to another then the incident will be handled as a

Level 1 force incident. Refer to General Order 211 (Response to Resistance

Inquiry, Reporting and Review).

2. If there is no injury or the injury is only to self:

(a) Employees will report the discharge immediately to range personnel and

request emergency medical assistance, if needed.

1. The Learned Skills sergeant will be notified immediately.

2. Employees may be immediately disqualified and placed on restricted

duty depending on the severity of the incident.

(b) The Learned Skills Unit will:

1. Notify the involved employee's immediate supervisor regarding the

incident.

2. The training instructor will complete a UD/PD form and forward it to

the Learned Skills sergeant.

3. The Learned Skills sergeant will review the UD/PD form and

make the determination on whether the firearms discharge was

unintentional or preventable. The Learned Skills sergeant will

prepare a memorandum addressed to the employee's immediate

supervisor regarding the incident and send a copy to the Learned

Skills Lieutenant.

4. The Learned Skills Lieutenant will review the prepared

memorandum and complete an Internal Affairs complaint and

forward it to Internal Affairs.

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(a) An unintentional or preventable discharge under this section

shall be handled as a Class B investigation as outlined in

General Order 902 Administrative Investigations. Internal

Affairs will advise the involved officer's chain-of-command if

the incident is eligible for the OFCA process.

(b) While Not in Training

1. If the result is death or injury to another then the incident will be handled as a

Level 1 force incident. Refer to General Order 211 (Response to Resistance

Inquiry, Reporting and Review).

2. If there is no injury or the injury is only to self:

(a) Employees will report the situation immediately and request their

immediate supervisor to respond to the scene.

(b) If the unintentional discharge did not occur at a Department/City facility,

Internal Affairs will be notified immediately or as soon as practical.

(d) The incident will be handled as a Class B Investigation as outlined in

General Order 902 (Administrative Investigations):

1. An incident report will be completed and witness statements taken.

Digital photos will be taken and downloaded into the Digital Crime

Scene Management System or Evidence.com.

2. The employee's immediate supervisor has investigative

responsibility for the incident. If the immediate supervisor is not

available, an on-duty lieutenant from the employee's assigned area

will designate an on-duty supervisor to investigate the incident.

3. The employee's chain-of-command will determine what, if any,

corrective action is needed.

(e) If the incident occurs out of city, the proper law enforcement authority

having jurisdiction must be notified. The employee's supervisor will

coordinate with the agency responsible for any outside investigation.

(f) The Training commander will be notified as soon as practical.

202.9.2 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE WHILE OFF-DUTY

The following reporting guidelines will be followed when an employee discharges a firearm

unintentionally while off-duty.

(a) If the result is death or injury to another then the incident will be handled as a Level 1

force incident. Refer to General Order 211 (Response to Resistance Inquiry, Reporting

and Review).

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(b) If there is no injury or the injury is only to self and the unintentional discharge involves

a department used firearm:

1. If the incident occurs:

(a) Within the City of Austin - Employees will report the situation and

immediately request an on-duty supervisor to respond to the scene.

(b) Outside the City of Austin – The employee will report the situation

immediately to their supervisor, and the proper law enforcement authority.

The employee's supervisor will coordinate with the agency responsible

for any outside investigation.

2. Internal Affairs will be notified immediately or as soon as practical.

3. The involved employee(s) may be placed on restricted duty.

4. The incident will be handled as a Class B Investigation as outlined in General

Order 902 (Administrative Investigations):

(a) An incident report will be completed and witness statements taken.

Digital photos will be taken and downloaded into the Digital Crime Scene

Management System or Evidence.com.

(b) The employee's immediate supervisor has investigative responsibility for

the incident.

action is needed.

5. The Training Commander will be notified as soon as practical.

a personally used firearm, whether inside or outside the City of Austin:

1. Employees will report the situation immediately to their supervisor.

2. The employee's supervisor shall make a determination if Internal Affairs will be

notified and if the incident should be handled as a Class B Investigation as

outlined in General Order 902 (Administrative Investigations).

3. If Internal Affairs is notified of the unintentional discharge of a personally used

firearm the incident will be handled as a Class B Investigation as outlined in

General Order 902 (Administrative Investigations):

(a) An incident report will be completed and witness statements taken.

Digital photos will be taken and downloaded into the Digital Crime Scene

Management System or Evidence.com.

(b) The employee's immediate supervisor has investigative responsibility for

the incident.

action is needed.

(d) Employees may be placed on restricted duty.

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202.9.3 PROCEDURES FOR FIREARMS SEIZED AS THE RESULT OF AN

UNINTENTIONAL DISCHARGE

If a firearm has been seized by the involved officer's chain of command, as a result of an

unintentional discharge, the following procedures shall be adhered to.

(a) Department Issued Handgun – In the event the involved officer's department issued

handgun is seized for a possible mechanical malfunction and turned over to the

Training Academy for inspection, the following actions shall occur:

1. The involved officer will be placed on an Administrative Duty status with their

unit.

2. The involved officer's supervisor shall send an email notification to the Learned

Skills sergeant and coordinate an inspection of the handgun.

3. The Learned Skills sergeant shall confirm receipt of the email notification and

ensure delivery of the firearm to the Training Academy

4. The Learned Skills sergeant shall ensure that an inspection is completed of

the firearm as soon as practicable by the Learned Skills Unit at the Training

Academy.

5. If the handgun passes an inspection by the Learned Skills Unit:

(a) The Learned Skills sergeant shall facilitate the return of the firearm to the

originating supervisor.

(b) Upon receipt of the handgun, the originating supervisor shall ensure the

firearm is returned to the involved officer.

6. If the handgun does not pass an inspection by the Learned Skills Unit:

(a) The Learned Skills Unit shall replace the handgun as soon as practicable.

(b) Once replaced, the involved officer shall qualify with the replacement

handgun as soon as practicable, and prior to returning to Full Duty status.

handgun, they may return to Full Duty status.

(b) Department Rifle, Department Shotgun, or Less-Lethal Shotgun – In the event a

department rifle, department shotgun, or less-lethal shotgun is seized for a possible

mechanical malfunction and turned over to the Training Academy for inspection, the

following actions shall occur:

1. The involved officer's supervisor shall turn the firearm over to the Property

Control Office (PCO) at their substation, noting that the firearm requires an

inspection by the Training Academy.

2. The involved officer's supervisor shall send an email notification to the Learned

Skills sergeant informing them of the firearm's location and that an inspection

of the firearm is required.

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3. The Learned Skills sergeant shall confirm receipt of the email notification and

ensure delivery of the firearm to the Training Academy.

4. The Learned Skills sergeant shall ensure that an inspection is completed of

the firearm as soon as practicable by the Learned Skills Unit at the Training

Academy.

5. If the firearm passes an inspection by the Learned Skills Unit:

(a) The firearm shall be returned to the originating PCO.

(b) The Learned Skills sergeant shall send an email notification to the

originating supervisor indicating that the firearm has been returned.

back into service.

6. If the firearm does not pass inspection:

(a) The Learned Skills sergeant shall notify the originating supervisor, and the

originating PCO that the firearm has not passed an inspection and is being

retained at the Training Academy.

(b) The Learned Skills Unit shall replace the retained firearm as soon as

practicable.

used, personally owned rifle or personally owned shotgun require an inspection due

to a possible mechanical malfunction, the involved officer's supervisor shall take the

following actions:

1. The supervisor shall down the firearm from service immediately.

2. The supervisor shall send an email notification to the Learned Skills sergeant

indicating a department used, personally owned rifle or shotgun requires an

inspection by the Learned Skills Unit, due to a possible mechanical malfunction.

3. The supervisor shall coordinate with the Learned Skills sergeant the transfer of

the firearm to the Learned Skills Unit for inspection.

4. If the firearm passes an inspection:

(a) The Learned Skills sergeant shall notify the involved officer's supervisor

that the firearm has passed inspection and that the firearm may be

returned to service by the officer. The Learned Skills sergeant and the

supervisor shall coordinate the return of the firearm.

5. If the firearm does not pass inspection:

(a) The Learned Skills sergeant shall notify the involved officer and the

officer's supervisor that the firearm has not passed an inspection, and that

the firearm may not be returned to service.

(b) The Learned Skills sergeant shall notify the involved officer, and the

officer's supervisor of:

1. The measures needed to return the firearm to service, or;

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2. The necessary steps to remove and/or add a weapon to their

weapons card at the Training Academy.

Learned Skills Unit.

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Leg Restraint Device

204.1 PURPOSE AND SCOPE

The proper use and application of a leg restraint device can reduce the potential of injury and

damage to property when dealing with violent or potentially violent subjects. This order provides

guidelines for the proper use of these devices.

204.1.1 PHILOSOPHY

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. A leg restraint device should only be used when officers reasonably believe it is

necessary to augment other restraints while performing their lawful duties; a leg restraint device

is never to be used as punishment.

204.2 POLICY

When an officer encounters circumstances where it reasonably appears necessary to restrain

the legs to prevent escape or restrain a violent or potentially violent subject during the course of

a detention, arrest, and/or transportation, only Department approved RIPP Hobble or Ankle/Leg

Iron restraint devices shall be used and only in the Department approved manner for temporary

immobilization of the legs.

Patrol sergeants and corporals will be assigned leg irons as part of their issued equipment on their

personal inventory list. When the sergeant or corporal is no longer assigned to a patrol shift they

will return the leg iron to Police Equipment.

204.3 AUTHORIZED USE

(a) Only those officers trained in the use of the leg restraint device are authorized to

employ it on any subject.

(b) The leg restraint device shall only be used after a subject has been handcuffed.

following:

1. If the officer and/or others are subject to harm due to the assaultive behavior of

a violent, resisting, and/or attacking subject.

2. If it is objectively reasonable to protect the subject from their own actions (e.g.,

hitting their head against the interior of the Patrol unit, running away from the

arresting officer while handcuffed, kicking at objects or officers).

204.4 PROCEDURE

The leg restraint device is designed to reduce the likelihood of injury to the restrained subject

or others, and to reduce the likelihood of property damage caused by the restrained subject by

preventing them from using their legs in a manner likely to result in injury or damage. The following

guidelines shall be used when applying a leg restraint device:

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(a) If practicable, officers should notify a supervisor of the intent to apply the restraint. In

all cases, a supervisor shall be notified as soon as practicable after the application of

the restraint and the name of that supervisor shall be noted in a report or supplement.

(b) This device shall not be used to hog tie. Once the subject's legs have been bound,

the safety clip of a restraint shall not be attached to the chain of the handcuffs.

the officer arrives at the jail or other facility or the subject no longer poses a threat.

(d) Once secured, the subject should be placed in a seated or upright position. Subjects

shall not be placed on their stomach for an extended period as this may potentially

reduce their ability to breathe.

1. The restrained subject should be constantly watched by an officer while in the

restraint. The officer is to ensure the subject does not roll onto and remain on

their stomach.

2. The officer should look for signs of labored breathing and, where practicable,

take appropriate steps to relieve and minimize any obvious factors contributing

to this condition.

3. In the event that it appears reasonably necessary to restrain a subject in such

a position that the subject's ability to sit upright is restricted, an officer should

monitor the subject in an effort to minimize restricted breathing. The subject

should be placed in an upright position as soon as it reasonably appears safe

and practicable.

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Control Devices and Techniques

206.1 PURPOSE AND SCOPE

In an effort to reduce and minimize altercation related injuries to officers, the public and subjects,

the Department authorizes the use of selected control devices. These control devices are

approved in order to control violent or potentially violent subjects. It is anticipated that the use of

these devices will generally result in fewer altercation related injuries to officers and subjects. The

order below is for the use and maintenance of control devices.

206.1.1 PHILOSOPHY

The use of control devices upon a subject by an officer shall only occur when the officer, while

in the performance of their lawful duties, reasonably believes it necessary to gain control of the

subject.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. It is also understood that vesting officers with the authority to use lawful and objectively

reasonable force and protect the public welfare requires a careful balancing of all human interests.

206.2 CONTROL DEVICES AND TECHNIQUES OVERVIEW

206.2.1 WHEN DEVICES MAY BE USED

When a decision has been made to control, restrain or arrest a violent, threatening or escaping

subject, an approved control device may only be used when its use appears objectively reasonable

under the circumstances.

206.2.2 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES

Any application of a control device and/or technique shall be documented as prescribed by

General Order 211 (Response to Resistance Inquiry, Reporting and Review).

206.2.3 APPROVED CONTROL DEVICES

Only Department issued or approved control devices and munitions shall be carried. Only

Department approved modifications may be made to any control device.

(a) The control devices approved by the Department are:

1. Baton and/or Impact Weapons (long, short, side-handle or expandable).

2. Chemical Agents (Oleoresin Capsicum (OC) spray).

3. Kinetic Energy Projectiles and their delivery systems.

4. TASER Device - See General Order 208 (TASER® Guidelines).

(b) Every control device shall be periodically inspected by the employee's supervisor or

the designated instructor for a particular control device. All daily inspections, routine

maintenance, charging and cleaning shall remain the responsibility of the employee

assigned the device.

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Property Control Office for disposal, repair and/or replacement.

206.2.4 TRAINING FOR CONTROL DEVICES

(a) Only employees trained and certified in the use of a specified control device are

authorized to carry and/or use that device. Proficiency training must be monitored and

documented by a certified device, weapons, or tactics instructor.

(b) Civilian employees may use issued chemical agents for self-defense only.

Recertification for chemical agents issued to civilian employees shall occur annually.

approved to carry with the exception of the TASER®. Recertification for the TASER®

shall follow the guidelines set forth in General Order 208 (TASER® Guidelines).

(d) All formal training and proficiency for control devices shall be documented in the

employees' training file.

(e) Employees failing to demonstrate proficiency with a device shall be provided remedial

training. Employees failing to pass remedial training shall not be permitted to carry the

device and may be subject to other provisions prescribed by the Training Division.

206.3 BATON AND IMPACT WEAPON GUIDELINES

The baton and/or an impact weapon is authorized for use when, based upon the circumstances

perceived by the officer, such force reasonably appears justified and necessary to result in the

safe control of a subject.

The need to immediately incapacitate the subject must be weighed against the risk of causing

serious injury. The head, neck, spine and groin should not be intentionally targeted except when

the officer has an objectively reasonable belief the subject may cause serious bodily injury or

death to the officer or others.

206.4 CHEMICAL AGENT GUIDELINES

Chemical agents are devices used to minimize the potential for injury to employees, offenders,

or other subjects. They should be used only in situations where such force reasonably appears

necessary.

(a) Authorized employees may use chemical agents when the application of the chemical

agent is objectively reasonable to:

1. Subdue or control a violent or physically resisting subject.

2. Subdue or control a subject who by words or action has demonstrated an

intention to be violent or to physically resist and who reasonably appears to

present the potential to harm employees, themselves, or others.

(a) Employees should give a verbal warning followed by a reasonable

opportunity to voluntarily comply when practicable.

(b) Employees must be able to articulate their use of the chemical agent.

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3. Apprehend a subject fleeing lawful arrest or detention.

4. Address situations where there is a reasonable expectation that it will be unsafe

for employees to approach within contact range of the subject.

5. Repel physical attacks from humans or animals.

6. Compel subjects to leave an enclosure.

7. Disperse violent crowds or riots.

206.4.1 PROHIBITED USES

The following are prohibited uses of chemical agents:

(a) To torture, psychologically torment, elicit statements or inflict undue pain on any

individual.

(b) Horseplay or practical jokes.

(d) When a subject exhibits only verbal and/or passive resistance to arrest or authority.

(e) When a subject is under physical restraint unless the subject is still aggressively

resisting and lesser means of controlling the subject have failed.

206.4.2 CARRYING OF OLEORESIN CAPSICUM SPRAY

Uniformed employees carrying the OC spray shall carry the device in its holster on the equipment

belt. Plainclothes and non-field employees may carry the OC spray as authorized, consistent with

the needs of their assignment or at the direction of their supervisor.

206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE

Subjects who have been affected by the use of chemical agents should be afforded means of

cleansing the affected areas as soon as practicable. Those subjects who complain of further

severe effects shall be afforded a medical examination by competent medical personnel.

206.4.4 TRANSPORTING PRISONERS SUBJECTED TO CHEMICAL AGENT EXPOSURE

When transporting prisoners who have been subjected to chemical agents, officers shall ensure

that the prisoner stays upright with a clear airway and is not placed in a prone position to avoid

possible positional asphyxia. Officers must be especially careful when tightly restraining combative

subjects following the use of chemical agents.

Before booking, officers shall advise jail personnel when a prisoner has been subjected to

chemical agents.

206.5 LOW KINETIC ENERGY PROJECTILES (PEPPERBALL)

Chemical agents are devices used to minimize the potential for injury to employees, offenders, or

other subjects. They should be used only in situations where such force is reasonable under the

circumstances. The compressed air Pepperball delivery system is an extended range impact and

chemical agent deployment tool designed to minimize the adverse effects of chemical agents to

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innocent bystanders. Pepperball is a low kinetic energy system making it less likely to result in

serious physical injury to persons struck by a Pepperball projectile.

Pepperball projectiles are approved by the Department and are launched from compressed air

delivery systems that are clearly identified as Pepperball delivery systems. Certain munitions can

be used in an attempt to de-escalate a potentially deadly situation, with a reduced potential for

serious physical injury.

206.5.1 DEPLOYMENT

(a) Only employees trained and certified as Pepperball operators may use the system to

deliver chemical agents or impact when it’s objectively reasonable to:

1. Subdue or control a violent or physically resisting subject.

2. Subdue or control a subject who by words or action has demonstrated an

intention to be violent or to physically resist and who reasonably appears to

present the potential to imminently harm him/herself or others.

3. Apprehend a subject fleeing lawful arrest or detention for a serious crime.

4. Address situations where there is a reasonable expectation that it will be unsafe

for officers to approach within contact range of the subject.

5. Repel physical attacks from humans or animals.

6. Compel subjects to leave an enclosure or deny access to an area, after

reasonable methods have been exhausted or deemed unreasonable.

7. Disperse violent crowds or riots with supervisor approval prior to

deployment. The Pepperball system will not be deployed on non-violent crowds

or protestors.

(b) Employees must be able to articulate the reasons for their use of the Pepperball

System.

tactics or devices.

206.5.2 VERBAL WARNINGS

A verbal announcement of the intended use of the Pepperball projectile should precede its

application unless it would otherwise endanger the safety of officers or when it is not practicable

due to the circumstances.

(a) The purpose of the warning is for the following:

1. Provide the individual with a reasonable opportunity to voluntarily comply.

2. Provide other officers and individuals with warning that a chemical agent/kinetic

energy weapon may be deployed.

(b) The fact that a verbal and/or other warning was given, or the reasons it was not given,

shall be documented in any related reports, as well as any responses by the subject.

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shall announce over the air as soon as practicable that the Pepperball system was

deployed and be acknowledged by the dispatcher.

(d) Prior to deployment, the term "PEPPERBALL" should be audibly verbalized to prevent

any confusion as to which weapon system is being deployed.

206.5.3 ADDITIONAL DEPLOYMENT CONSIDERATIONS

(a) Before launching Pepperball projectiles, the officer should consider the following

factors:

1. The subject's capability to pose an imminent threat to the safety of officers or

others.

2. The seriousness of the offense the subject is suspected of committing.

3. Whether the subject is actively resisting arrest or attempting to evade arrest by

flight.

4. The credibility of the subject's threat as evaluated by the officers present, and

the subject's physical capacity/capability to carry out the threat.

5. The availability of other force options and their possible effectiveness.

6. Distance and angle to target.

7. Type of projectiles launched, i.e. glass breaking rounds versus PAVA filled.

8. Whether the subject's actions and threat profile dictate the need for an

immediate response and the use of control devices appears appropriate.

206.5.4 EXAMPLES OF CIRCUMSTANCES APPROPRIATE FOR DEPLOYMENT

(a) Examples of situations where use of the Pepperball system would be appropriate may

include, but are not limited to, circumstances where the subject:

1. Is armed, or reasonably believed to be armed, with a weapon, poses a threat

to the officer or others, and is resisting commands or fleeing, and the tactical

circumstances allow for the safe application of approved Pepperball projectiles.

2. Has made credible threats to serious harm to himself or others and has the

means to imminently carry out that threat.

3. Is engaged in riotous behavior, including throwing rocks, bottles or other

dangerous substances at people and/or officers, creating a risk for serious injury.

4. There is reasonable suspicion to believe that the subject has already committed

a serious crime of violence and is refusing to comply with lawful orders.

(b) Except in unusual or extreme circumstances, Pepperball projectiles will not be used on

individuals who are handcuffed or otherwise restrained, or individuals whose position

or activity may result in serious collateral injury (e.g., falls from height, operating

vehicles), unless the totality of the circumstances indicate that other available options

reasonably appear ineffective, impractical, and the officer reasonably believes that the

need to control the individual outweighs the risk of using the Pepperball projectile.

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prior to their use. The decision to use the glass breaking projectiles will be based on

the totality of the circumstances, and the reasonable belief that the need to control the

individual outweighs the risk of harm posed by using the Pepperball glass breaking

projectiles.

1. As a breaching tool for windows in vehicles, especially when the vehicle is

occupied.

2. As a breaching tool for windows of a structure, especially if it places occupants

at risk of injury.

(d) Only an officer who is assigned to a unit authorized to deploy Pepperball glass

breaking projectiles and has been trained in the use of those projectiles as a breaching

tool may use that technique. A list of units authorized to use Pepperball glass breaking

rounds shall be maintained by the Learned Skills Unit.

206.5.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES

Officers should generally follow their training regarding minimum deployment distances and target

areas. The need to immediately control the subject must be weighed against the risk of causing

serious injury.

The head, neck, and groin area should not be intentionally targeted; however, any target area or

distance may be considered when it is reasonable to accomplish immediate incapacitation of the

subject to prevent serious injury or death to officers or others.

206.5.6 TREATMENT FOR CHEMICAL AGENT EXPOSURE

Subjects who have been affected by the use of chemical agents should be afforded means of

cleansing the affected areas as soon as practicable. Those subjects who complain of further pain

or other effects shall be afforded a medical examination by competent medical personnel.

206.5.7 TRANSPORTING PRISONERS SUBJECTED TO CHEMICAL AGENT EXPOSURE

When transporting prisoners who have been subjected to chemical agents, officers shall ensure

that the prisoner stays upright with a clear airway and is not placed in a prone position to avoid

possible positional asphyxia. Officers must be especially careful when tightly restraining combative

subjects following the use of chemical agents.

Before booking, officers shall advise jail personnel when a prisoner has been subjected to

chemical agents.

206.5.8 REPORT OF USE

All Pepperball projectile use shall be documented in the related incident report/supplements and

notification made to a supervisor in compliance with General Order 211 (Response to Resistance

Inquiry, Reporting and Review).

(a) Specific information on the use of a Pepperball projectile should include, but is not

limited to, the following:

1. Reasons for the use of the Pepperball system.

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2. If reasonably known, relevant demographic information of the subject impacted

by the Pepperball projectile(s) (e.g., age, sex, health conditions).

3. Any special circumstances surrounding the use of the Pepperball projectile(s).

4. Whether the Pepperball projectile(s) application was successful in achieving the

officer’s objective.

5. Where the projectile(s) impacted the subject’s body.

6. Number and type of Pepperball projectiles deployed.

7. Number of times subject was impacted by Pepperball projectile(s).

8. Approximate distance between the subject and the officer at the time the officer

deployed the Pepperball projectile(s).

(b) Photographs of impact sites should be taken. If photographs cannot be taken, the

reason will be documented in the officer’s report. Expended projectiles that do not

rupture on impact should be collected and discarded appropriately. Previously fired

projectiles will not be reused.

206.5.9 DOCUMENTATION

The Pepperball system is designed to quickly deploy a “volley” of projectiles in certain types of

situations. In each case, the single, continuous “volley” of projectiles should be considered a single

“Response to Resistance.”

206.6 HIGH KINETIC ENERGY PROJECTILES

This department is committed to reducing the potential for violent confrontations when such

subjects are encountered. Kinetic energy projectiles are less likely to result in death or serious

physical injury.

High kinetic energy projectiles are approved by the Department and are fired from 12 gauge

shotguns that are clearly identified as less lethal shotguns. Certain munitions can be used in an

attempt to de-escalate a potentially deadly situation, with a reduced potential for death or serious

physical injury. For purposes of this policy, the Pepperball system does not fall into this category.

206.6.1 DEPLOYMENT

Approved munitions are justified and may be used in an effort to compel individuals to cease their

actions when such munitions present a reasonable option for resolving the situation at hand.

(a) Officers are not required or compelled to use approved munitions in lieu of other

reasonable tactics if the involved officers determine that deployment of these

munitions cannot be deployed safely.

(b) The safety of hostages, innocent subjects and officers takes priority over the safety of

subjects engaged in perceived criminal or suicidal behavior.

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206.6.2 VERBAL WARNINGS

A verbal announcement of the intended use of the kinetic energy projectile shall precede its

application unless it would otherwise endanger the safety of officers or when it is not practicable

due to the circumstances.

(a) The purpose of the warning is for the following:

1. Provide the individual with a reasonable opportunity to voluntarily comply.

2. Provide other officers and individuals with warning that a kinetic energy weapon

may be deployed.

(b) The fact that a verbal and/or other warning was given, or the reasons it was not given,

shall be documented in any related reports, as well as any responses by the subject.

the weapon shall announce over the air as soon as practicable that the less lethal

shotgun/40mm weapon was deployed and be acknowledged by the dispatcher.

(d) When given, the verbal warning should be "IMPACTING" to prevent any confusion as

to which weapon system is being deployed.

206.6.3 EXAMPLES OF CIRCUMSTANCES APPROPRIATE FOR DEPLOYMENT

Examples include, but are not limited to, the following types of situations where the subject:

(a) Is armed with a weapon and the tactical circumstances allow for the safe application

of approved munitions.

(b) Has made credible threats or is actively attempting to harm themselves or others.

other dangerous projectiles at people and/or officers, buildings, or vehicles, creating

a high risk for substantial injury or property damage.

(d) There is reasonable suspicion to believe that the subject has already committed a

crime of violence and is refusing to comply with lawful orders.

206.6.4 ADDITIONAL DEPLOYMENT CONSIDERATIONS

(a) Before discharging projectiles, the officer should consider the following factors:

1. The subject's capability to pose an imminent threat to the safety of officers or

others.

2. Whether the subject is actively resisting arrest or attempting to evade arrest by

flight.

3. The credibility of the subject's threat as evaluated by the officers present, and

the subject's physical capacity/capability to carry out the threat.

4. The availability of other force options and their possible effectiveness.

5. Distance and angle to target.

6. Type of munitions employed.

7. Type and thickness of subject's clothing.

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8. The subject's actions dictate the need for an immediate response and the use

of control devices appears appropriate.

(b) The use of kinetic energy projectiles should generally be avoided in the following

situations unless the totality of the circumstances indicate that other available options

reasonably appear ineffective, impractical, and the officer reasonably believes that the

need to control the individual outweighs the risk of using the kinetic energy projectile.

1. As a breaching tool for windows in vehicles, especially when the vehicle is

occupied.

2. As a breaching tool for windows of a structure, especially if it places occupants

at risk of injury.

3. On obviously pregnant females, elderly individuals, obvious juveniles,

individuals who are handcuffed or otherwise restrained, or individuals whose

position or activity may result in serious collateral injury (e.g., falls from height,

operating vehicles).

been trained in the use of Kinetic Energy Projectiles as a breaching tool may use that

technique in a way that is consistent with their training.

(d) High kinetic energy projectiles shall not be used for crowd control (e.g.

demonstrations).

(e) High kinetic energy projectiles shall not be fired into a crowd.

206.6.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES

Officers should generally follow their training instructions regarding minimum deployment

distances and target areas. The need to immediately incapacitate the subject must be weighed

against the risk of causing serious injury or death.

The head and neck should not be intentionally targeted, however any target area or distance may

be considered when it reasonably appears necessary to accomplish immediate incapacitation in

order to prevent serious injury or death to officers or others.

206.6.6 REPORT OF USE

All kinetic energy projectile use shall be documented in the related incident report/supplements

and notification made to a supervisor in compliance with General Order 211 (Response to

Resistance Inquiry, Reporting and Review).

(a) Specific information on the use of a kinetic energy projectiles should include, but is

not limited to, the following:

1. Articulable reasons for the use of the kinetic energy projectile weapon.

2. Information on the type of individual who was subject to the kinetic energy

projectile(s) (e.g., age, sex, health conditions).

3. Any special circumstances surrounding the use of the kinetic energy

projectile(s).

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4. Whether the kinetic energy projectile(s) application was successful.

5. Where the projectile(s) impacted the subjects body.

6. Number of kinetic energy projectiles deployed.

7. Number of times subject was impacted by kinetic energy projectile(s).

8. Approximate distance the kinetic energy projectile(s) was deployed from the

subject.

(b) Photographs of impact sites should be taken. Expended projectiles should be

collected and the expended projectile(s) shall be submitted into evidence for future

reference. The evidence packaging should be marked "Biohazard" if the projectile(s)

penetrated the subject's skin.

206.7 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a passive or actively resisting

individual. Officers may only apply those pain compliance techniques for which the officer has

an objectively reasonable belief that the use of such a technique appears necessary to further a

legitimate law enforcement purpose.

(a) Officers should consider the following when using pain compliance techniques:

1. The potential for injury to the officers or others if the technique is not used.

2. The potential for serious injury to the individual being controlled.

3. Whether the pain compliance technique is effective in achieving an appropriate

level of control.

4. The nature of the offense involved.

5. The level of resistance of the individual(s) involved.

6. The need for prompt resolution of the situation.

7. If time permits (e.g., passive demonstrators), other reasonable alternatives.

(b) The application of any pain compliance technique shall be discontinued once the

officer determines that compliance has been achieved or other more appropriate

alternatives can reasonably be utilized.

The LRAD shall only be used as a public announcement system to broadcast audible

notifications and warnings over distance. The LRAD will be used only at decibel levels

and frequencies that are safe for the intended purpose and that are not reasonably

likely or intended to cause injury.

206.7.1 USE OF FORCE TO SEIZE EVIDENCE

(a) Pressure point techniques are the maximum amount of force authorized to seize

evidence (e.g., narcotics) when there is probable cause to believe it is being held or

hidden in the mouth of a subject.

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(b) Soft/empty hand control is the maximum amount of force authorized to seize blood

from a subject pursuant to a mandatory blood draw.

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TASER Device Guidelines

208.1 PURPOSE AND SCOPE

The TASER® is intended to control a violent or potentially violent individual while minimizing the

risk of serious injury. It is anticipated that the appropriate use of such a device will result in fewer

serious injuries to officers and suspects.

208.1.1 PHILOSOPHY

The use of a TASER Device upon a subject by an officer shall only occur when the officer, while

in the performance of their lawful duties, has an objectively reasonable belief that it is necessary

to gain control of the subject.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. It is also understood that vesting officers with the authority to use lawful and objectively

reasonable force to protect the public welfare requires a careful balancing of all human interests.

208.1.2 DEFINITIONS

ARC Display – A momentary warning arc feature on the Taser 7 that, prior to cartridge

deployment, users may activate by pressing the ARC switch on their Conductive Energy Weapon

(CEW). This procedure does not deploy the probes.

Close Quarters Cartridges (CQ) – TASER 7 CEW cartridges that are engineered with a 12

degree probe spread designed to achieve desirable CEW effects at a range between four feet

to eleven feet.

Standoff cartridges (SO) – TASER 7 CEW cartridges that are engineered with a 3.5 degree probe

spread designed to achieve desirable CEW effects at a range between eleven feet to twenty-two

feet.

Functional Test Mode – A software mode for the TASER 7 CEW that is used to conduct an

internal diagnostic and spark test.

Tilt Select – A feature on the Taser 7 that allows the user to choose which cartridge to deploy

first by designating the active bay. This feature enables users to quickly select between a close-

quarter or stand-off cartridge, depending upon which cartridge is the most optimal to deploy under

the circumstances.

208.2 POLICY

Personnel who have completed department approved training may be issued a TASER Device for

use during their current assignment. Personnel leaving a particular assignment may be required

to return their issued device to the Department's inventory.

Officers shall only use the TASER Device and cartridges that have been issued by the Department.

Officers approved to carry the TASER 7 CEW shall be issued two cartridges, one close quarter

(CQ) cartridge and one standoff (SO) cartridge. The TASER 7 CEW shall be preloaded with a CQ

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cartridge in cartridge bay 1 and a SO cartridge in cartridge bay 2. All cartridges shall be replaced

consistent with the manufacturer's expiration requirements.

(a) When the TASER Device is carried as a part of a uniformed officer's equipment, the

TASER Device shall be carried on the side opposite from the duty weapon.

(b) All TASER Devices shall be clearly and distinctly marked to differentiate them from

the duty weapon and any other device.

TASER Device cartridges on their person while carrying a TASER Device.

208.3 VERBAL WARNINGS

A verbal announcement of the intended use of the TASER Device shall precede its application

unless it would otherwise endanger the safety of officers or when it is not practicable due to the

circumstances.

(a) The purpose of the warning is for the following:

1. Provide the individual with a reasonable opportunity to voluntarily comply.

2. Provide other officers and individuals with warning that a TASER Device may

be deployed.

(b) The aiming laser should never be intentionally directed into the eyes of another.

shall be documented in any related reports, as well as any responses by the subject.

(d) When given, the verbal warning should be "TASER, TASER, TASER" to prevent any

confusion as to which weapon system is being deployed.

208.4 USE OF THE TASER DEVICE

As with any law enforcement equipment, the TASER Device has limitations and restrictions

requiring consideration before its use. The TASER Device should only be used when its operator

can safely approach the subject within the operational range of the TASER Device. Although the

TASER Device is generally effective in controlling most individuals, officers should be alert to the

potential for failure and be prepared with other options.

Generally, an assisting officer should be present with lethal cover in the event the TASER Device

is ineffective or defective and the subject initiates a potentially life threatening confrontation.

Officers should never hold both a firearm and the TASER device at the same time.

208.4.1 APPLICATION OF THE TASER DEVICE

Authorized personnel may use the TASER Device when circumstances known to the officer at

the time indicate that such application is objectively reasonable to control a subject in any of the

following circumstances:

(a) Apprehend a subject fleeing lawful arrest or detention.

(b) A violent or physically resisting subject.

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contact range of the subject.

(d) A subject who by words or action has demonstrated an intention to be violent or to

physically resist and who reasonably appears to present the potential to harm officers,

themselves, or others.

1. Officers should give a verbal warning of the intended use of the TASER Device

followed by a reasonable opportunity for the subject to voluntarily comply, when

practicable.

2. Officers must be able to articulate their use of the TASER Device in an incident

report.

(e) An ARC display may be utilized in conjunction with a verbal TASER warning in an effort

to deescalate the situation and gain compliance without a probe deployment. The ARC

display shall only be utilized in circumstances where deployment of the TASER probes

or other use of the Taser would be justified. An ARC display is not a use of force,

but shall be documented in the "study" section of Versadex if compliance is gained

through the use of the ARC display.

208.4.2 PROHIBITED USES

The following are prohibited uses of the TASER Device:

(a) The TASER Device shall not be used to torture, psychologically torment, elicit

statements or to punish any individual.

(b) Horseplay or practical jokes.

(d) Against passively resisting subjects.

(e) Individuals who are covered in, or in close proximity to, any combustible material.

208.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS

(a) The use of the TASER Device should generally be avoided in the following situations

unless the totality of the circumstances indicate that other available options reasonably

appear ineffective, impractical, or would present a greater danger to the officer, the

subject or others, and the officer reasonably believes that the need to control the

individual outweighs the risk of using the TASER Device.

1. Obviously pregnant females.

2. Elderly individuals or obvious juveniles.

3. Individuals who are handcuffed or otherwise restrained.

4. Individuals whose position or activity may result in collateral injury (e.g., falls

from height, operating vehicles).

(b) Individuals suspected of being under the influence of drugs/alcohol or exhibiting

extreme agitation, violent irrational behavior accompanied by profuse sweating,

extraordinary strength beyond their physical characteristics and impervious to pain,

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or requires a protracted physical encounter with multiple officers to be brought under

control may be more susceptible to serious medical problems and shall be closely

monitored following the application of the TASER Device until they can be examined

by paramedics or other medical personnel.

contact without darts) relies primarily on pain compliance and requires close proximity

to the subject, additional caution should be exercised. The application in drive-

stun mode should be limited to brief applications in which pain compliance would

reasonably appear necessary to achieve control.

208.4.4 TARGETING CONSIDERATIONS

While manufacturers generally recommend that reasonable efforts should be made to target lower

center mass and to avoid intentionally targeting the head, neck, chest and groin, it is recognized

that the dynamics of each situation and officer safety may not permit the officer to limit the

application of the TASER Device darts to a precise target area. As such, officers should take

prompt and ongoing care to monitor the condition of the subject if one or more darts strikes the

head, neck, chest or groin until they are released to the care of paramedics or other medical

personnel.

208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE

Only one officer shall deploy their TASER Device on an individual unless it is obvious the

deployment was not effective.

(a) If the first application of the TASER Device appears to be ineffective in gaining control

of an individual and if circumstances allow, the officer should consider the following

before additional application of the TASER Device:

1. Whether the probes or darts are making proper contact.

2. Whether the application of the TASER Device is interfering with the ability of the

individual to comply.

3. Whether other options or tactics may be more effective.

(b) This does not preclude an officer from multiple, reasonable applications of the TASER

Device on an individual. Before each additional deployment, officers must consider

factors including:

1. The effectiveness of prior TASER deployment(s);

2. The severity of the crime at issue;

3. Whether the suspect poses an immediate threat to the safety of the officers or

others; and

4. Whether the suspect is continuing to actively resist arrest or is still attempting

to evade arrest by flight.

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208.4.6 REPORT OF USE

All TASER Device discharges shall be documented in the related incident report/supplements and

notification made to a supervisor in compliance with General Order 211 (Response to Resistance

Inquiry, Reporting and Review).

(a) Specific information on the use of a TASER Device should include, but is not limited

to, the following:

1. Articulable reasons for the use of the TASER Device.

2. Information on the type of individual who was subject to the TASER Device (e.g.,

age, sex, health conditions).

3. Any special circumstances surrounding the use of the TASER Device (e.g.,

handcuffed prisoner).

4. Whether one or both of the TASER Device darts penetrated a subject's clothing

and/or skin.

5. How many applications/cycles of the TASER Device were used.

6. Whether the TASER Device application was successful.

7. How many cartridges were used.

8. Serial numbers of any used cartridge(s).

9. Whether multiple officers used the TASER Device.

10. Any pain compliance use of the TASER Device (e.g., drive stun).

(b) TASER Device memory:

1. For the TASER X26, the on-board TASER Device memory will be downloaded

through the data port by a supervisor and saved with the related incident reports.

2. For the TASER 7, once the TASER battery is docked into the docking station it

will automatically upload the memory into Evidence.com.

should be collected and the expended cartridge along with both probes shall be

submitted into evidence for future reference. The cartridge serial number should be

noted and documented on the evidence paperwork. The evidence packaging should

be marked "Biohazard" if the probes penetrated the subject's skin.

208.5 MEDICAL TREATMENT

Officers will remove TASER Device darts as trained once the subject is in custody. Used TASER

Device darts shall be considered a sharp biohazard, similar to a used hypodermic needle.

Universal precautions should be taken accordingly.

All subjects who have been struck by TASER Device darts or who have been subjected to the

electric discharge of the device shall be medically assessed prior to booking. Additionally, an

individual who falls under any of the following categories should, as soon as practicable, be

examined by paramedics or other qualified medical personnel:

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(a) The subject is suspected of being under the influence of controlled substances and/

or alcohol.

(b) The subject may be pregnant.

(d) The TASER Device darts are lodged in a sensitive area (e.g., groin, female breast,

near the eyes).

(e) The subject requests medical attention.

Subjects who exhibit an extreme agitated chaotic state, violent irrational behavior accompanied

by profuse sweating, extraordinary strength beyond their physical characteristics, and impervious

to pain or who require a protracted physical encounter with multiple officers to be brought under

control, may be at an increased risk of sudden death and shall be examined by qualified medical

personnel. Officers shall call EMS to diagnose and treat any individual exhibiting these signs as

soon as the signs are recognized. Any such individual shall be medically cleared prior to booking.

If any individual refuses medical attention, such a refusal should be witnessed by another officer

and/or medical personnel and shall be fully documented in related reports. If an audio recording is

made of the contact or the interview with the individual, any refusal should be included, if possible.

The transporting officer shall inform any person receiving custody or any person placed in a

position of providing care that the individual has been subjected to the application of the TASER

Device. All subjects shall be evaluated by the jail nurse prior to booking.

208.6 TRAINING

In addition to the initial department-approved training required to carry and use a TASER Device,

all employees carrying a TASER Device shall demonstrate proficiency annually.

(a) Employees who have not carried a TASER Device as a part of their assignment for

a period of six months or more shall be recertified by a department approved TASER

Device instructor prior to again carrying or using the device.

(b) A reassessment of an officer's knowledge and/or practical skill may be required at any

time if deemed appropriate by the Training commander.

208.7 FUNCTIONALITY CHECK

Spark testing the TASER 7 CEW shall be conducted while the device is in the "functional test

mode." This will properly log the event as a spark test rather than a regular ARC activation.

Conducting a spark test in the "functional test mode" will not activate body worn cameras in the

immediate vicinity.

After a Response to Resistance incident, supervisors shall download the firing data from an

employees' TASER Device and comply with the reporting procedures outlined in General Order

211 (Response to Resistance Inquiry, Reporting and Review).

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Officers shall download data from their assigned TASER Device when it is reassigned to another

officer or retired from active police inventory:

(a) One copy of the data report shall be filed with the officer's property inventory retained

by Police Equipment.

(b) One copy of the data report shall be retained by the officer.

208.7.1 PROPER MAINTENANCE

Officers shall be responsible for ensuring that their issued TASER device is properly maintained

and in good working order. If a defect is found, the officer shall immediately.

TASER 7 CEW users shall replace their CEW battery every thirty (30) days, or as soon as

practicable if the battery level drops to 20% or lower or the TASER is used in an intentional or

unintentional discharge.

Officers are prohibited from taking a spare battery from the TASER 7 battery docking/recharging

stations. Officers shall only conduct a one-for-one battery swap. Officers are prohibited from

swapping or borrowing a battery from one another. All battery replacements should be retrieved

from the TASER 7 battery docking/recharging stations.

If an officer has a TASER deployment in the field, that officer should return to the substation as

soon as practicable to swap out their CEW battery. When placed into the Axon Dock, the TASER

7 rechargeable battery pack will upload the weapon data and firmware automatically as well as

recharge and condition the battery.

208.8 DEPLOYMENT RECORD RETENTION

All TASER Device deployment information shall be maintained by the Department for a minimum

of three (3) years.

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Response to Resistance Inquiry, Reporting, and

Review

211.1 PURPOSE AND SCOPE

This directive sets forth Department policy and procedures for inquiring, reporting, and reviewing

force incidents in response to resistance involving Department personnel. The specific required

inquiry, reporting, and review of these incidents is determined by the force level, as defined in

this order.

Personnel may delay compliance with the provisions of this order if the scene is unstable, there is

unrest, or other conditions make immediate compliance impracticable. The protection of the public,

Department personnel, and maintenance of public safety shall remain a top priority. Compliance

with this order shall occur as soon as practicable. The approving supervisor shall ensure the

reason for the delay is documented in the supervisor's supplement or AXON Standards IRP.

211.1.1 DEFINITIONS

Inquiry: The preliminary review of the events surrounding a response to resistance incident,

including the initial response to the scene and follow-up investigations.

Reporting: The process of documenting the information gathered in the inquiry of a response to

resistance incident through written, oral and visual means and compiling that information into the

appropriate packet for review.

Review: The process of evaluating all the given information obtained in the force incident inquiry

and reporting stages to determine if the response to resistance complies with law and General

Orders.

211.1.2 IDENTIFYING RESPONSE TO RESISTANCE DOCUMENTATION

The following Response to Resistance reports and forms are required as determined by the force

level of the incident:

Response to Resistance Incident Report: The initial incident report written by the primary

reporting employee for all force level incidents. Title Code 8400 shall be added to the incident

report by the primary reporting employee to identify the incident as a response to resistance

incident. The Use of Force section of the "Details" page shall also be completed.

Response to Resistance Supplement: A supplement written to the primary reporting employee's

incident report.

Response to Resistance SIU Inquiry Report: A separate incident report written by the Special

Investigations Unit (SIU) for all Level 1 incidents and in-custody deaths.

Incident Review Folder: An electronic folder labeled with the case number, created in the G:

\Digital Incident Review Folder which contains all applicable response to resistance supporting

documentation.

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Incident Review Packet (IRP): An administrative review of the incident to include response to

resistance. The IRP is completed in AXON Standards by the appropriate unit (Force Review Unit

(FRU) or SIU.

•

Level 1 incident review packets are completed by SIU. Level 2, Level 3, and Level 4

incident review packets are completed by the FRU.

Group Reporting: The act of sharing, providing, or acquiring information with or from other officers

or employees about an incident for the purpose of ensuring that officers or employees make similar

reports about the incident that include information not consistent with the reporting officer’s or

employee’s own perception or recollection of the incident. The act of reading another officer’s or

employee’s report prior to completing a required report is considered group reporting.

211.2 DETERMINING THE CORRECT FORCE LEVEL

Force levels are broken up into four types: Level 1, Level 2, Level 3, and Level 4. Each level is

defined below by the response to resistance used in the incident. These levels are established for

inquiry, reporting, and review purposes only. If there is uncertainty about which level to designate

a particular incident then the higher level shall be used.

211.2.1 LEVEL 1 FORCE INCIDENTS AND IN-CUSTODY DEATHS

(a) Any force resulting in death.

(b) Any force that resulted in a substantial risk of death.

(d) Any intentional firearm discharge at an animal that results in injury to another person.

(e) Any unintentional firearms discharge resulting in another person's injury or death.

(f) Any force that resulted in serious bodily injury requiring admittance to the hospital,

beyond emergency room treatment and release (e.g., serious disfigurement, disability,

or protracted loss or impairment of the functioning of any body part or organ).

(g) Use of any impact weapon, including kinetic energy projectiles, and improvised

weapons, that strikes the head of a subject.

(h) In-Custody Deaths: For inquiry, reporting, and review purposes, all in-custody deaths

occurring prior to or within 24 hours after booking shall be treated as Level 1 incidents

and require concurrent inquiries conducted by SIU and IA, regardless of whether force

was used on the subject.

(i) The utilization of the Precision Immobilization Technique when serious bodily injury

or death occurs.

211.2.2 LEVEL 2 FORCE INCIDENTS

(a) Any strike to the head by an employee with any weaponless technique.

(b) Use of any impact weapons, including kinetic energy projectiles (other than a Taser),

and improvised weapons, to strike a subject and contact is made, regardless of injury.

(A strike to the head is a Level 1).

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in any injury to a subject.

(d) The utilization of the Precision Immobilization Technique, unless serious bodily injury

or death occurs.

211.2.3 LEVEL 3 FORCE INCIDENTS

(a) Use of Oleoresin Capsicum (OC/Pepper Spray) or other chemical agent on a subject.

(b) Any Taser application (including a Taser application that misses or does not cause

NMI).

object, in an attempt to strike a subject but no contact is made.

(d) Use of a baton for a non-striking purpose (e.g., prying limbs, moving, or controlling

a subject).

(e) Any force resulting in injury or a continued complaint of pain, but not rising to a Level

1 or 2 incident.

(f) Any weaponless technique that causes an impact to the body with or without a

complaint of injury or pain. (A weaponless strike to the head is a Level 2). Examples

of weaponless techniques include:

1. Hand/palm/elbow strikes.

2. Kicks or leg sweeps.

3. Take-downs.

(g) Any deployment of a police canine for the purpose of biting a subject whose location

is known to the handler which results in no injury to the subject.

211.2.4 LEVEL 4 FORCE INCIDENTS

(a) A level of force utilizing empty hand control techniques that does not result in injury

or continued complaint of pain and does not rise to a Level 3 response to resistance.

Examples include, but are not limited to:

1. Restricting a subject’s movement by strength or body weight (to include resisted

escorting or handcuffing of a subject who is actively resisting arrest beyond the

initial or reflexive stiffening or pulling away of a person’s arm(s) that officers

commonly encounter during handcuffing).

2. Using leverage or strength to bring a subjects arms or legs together for the

purposes of controlling, handcuffing, or hobbling the subject (to include resisted

control, handcuffing, hobbling when the subject is actively resisting arrest

beyond the initial or reflexive stiffening or pulling away of the subject’s arm(s)

or leg(s) that officers commonly encounter during efforts to control, handcuff, or

hobble a subject).

3. Pressure point control tactics.

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211.2.5 ELEVATION OF A FORCE LEVEL INCIDENT

If information is uncovered during a response to resistance inquiry to indicate that the original force

level falls into a higher category, the force level should be elevated to conduct the appropriate

inquiry.

(a) Supervisors have the discretion to elevate any Level 3 and Level 4 force incident to a

Level 2 in order to conduct a more extensive inquiry and review of the incident.

(b) Any supervisor, with the approval of the commander or Duty Commander, may elevate

any response to resistance incident to a Level 1 force incident.

211.3 VIOLATIONS OF LAW OR GENERAL ORDERS

Supervisors receiving a complaint regarding a response to resistance incident will review the

available information regarding the incident to determine if any credible evidence of a violation of

General Orders or law may have occurred.

(a) Supervisors making a determination based on objective evidence (e.g., MAV shows

an allegation is false) that there is no credible evidence a violation of General Orders

or law has occurred by the officer shall complete a Complainant Contact Form and

forward it to IA.

1. The incident shall be closed as information and tracked in the IA database for

information purposes only.

2. The force incident shall be handled based on the normal criteria as outlined in

this order and the initiation of an IA investigation is not required.

(b) Supervisors discovering, during the normal course of their review or in response to

a complaint, any credible evidence a violation of law or General Orders may have

occurred concerning the officer's response to resistance shall follow the guidelines

outlined below.

211.3.1 CRIMINAL MISCONDUCT

Regardless of the original force level of the incident, if there is any credible evidence that criminal

misconduct may have occurred by the officer then the incident shall be treated as a Level 1 force

incident.

(a) The supervisor shall immediately notify SIU and IA. The supervisor shall document

the time and date SIU and IA were notified in the supervisor's supplement.

(b) The Chief of Police shall be notified on all credible allegations of criminal conduct.

in the Criminal Investigations and Administrative Investigations General Orders.

211.3.2 GENERAL ORDERS VIOLATION

(a) If there is any credible evidence a General Orders violation may have occurred by

the officer relating to their response to resistance then the incident shall be handled

as follows:

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1. Level 1 force incidents - If the original incident would have been handled as a

Level 1 force incident, supervisors shall notify SIU and IA of the possible General

Orders violation and handle the response to resistance inquiry as a Level 1 force

incident. Supervisors shall document the date and time SIU and IA were notified

in the supervisor's supplement.

2. Level 2, Level 3, and Level 4 force incidents - If the original incident would have

been handled as a Level 2, Level 3 or a Level 4 force incident, supervisors shall

notify IA of the possible General Orders violation and handle the response to

resistance inquiry as a Level 2 force incident. Supervisors shall document the

date and time IA was notified in the supervisor's supplement.

(b) Internal investigations of General Orders violations shall be handled as outlined in

General Order 902 (Administrative Investigations).

211.4 EMPLOYEE RESPONSIBILITIES FOR ALL FORCE LEVEL INCIDENTS

The following outlines the required responsibilities of involved employees, employees that witness

an incident, and employees designated to assist at the scene of any response to resistance

incident. If a juvenile is in custody related to the incident, the juvenile should not be interviewed

unless the juvenile has been brought before a magistrate.

(a) Involved employees shall notify their supervisor as soon as practicable of any force

incident or allegation of use of force.

(b) Involved employees shall request EMS as soon as practicable when a subject

complains of injury, has visible injuries, or the circumstances indicate that an injury

may have occurred. For purposes of this section "Injury" does not include TASER

probe marks that are not in a sensitive area of the body. Officers will comply with

section 208.5 in regards to post-TASER deployment medical treatment.

officer's response to resistance, an officer will accompany that person to the medical

facility for monitoring unless or until a supervisor believes such monitoring is no longer

necessary.

(d) Employees not involved in the force incident may be directed by a supervisor to assist

at a force incident scene. This may include locating and identifying witnesses to the

incident.

1. Employees shall notify a supervisor in the event a witness refuses to give a

statement or provide identifying information.

2. Employees shall not detain or delay a witness who refuses to remain at the

scene.

(a) The witness' physical description, license plate, comments, or other

identifiers shall be documented in the employee's supplemental report.

(b) Any photographs or videotape containing images of a witness who refused

to remain at the scene shall be saved in the incident review folder.

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211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS

The following outlines the reporting guidelines for involved employees, employees that witness an

incident and employees designated to assist at the scene of any response to resistance incident.

(a) An incident report shall be completed by the primary reporting employee and include

title code 8400. This report shall be written regardless of whether a report or

supplement would normally be written for the initial incident.

(b) Supplements shall be completed by:

1. All other employees who are involved in a force incident.

2. Employees who witness a force incident.

3. Employees assisting at the scene of a force incident.

4. A supervisor is required to complete a supplement to the response to resistance

incident report for Level 1 incidents. They may also be required by SIU to

complete a supplement to the SIU inquiry report.

1. The original reason for police presence on the scene.

2. The name and employee number of the supervisor notified of the incident.

3. A detailed description of the circumstances and subject actions that resulted in

the response to resistance.

4. A detailed description of the force used.

(a) Include specific details regarding any weapon used on a subject (e.g.,

when OC spray is used you document the number of bursts, duration

of each burst, the approximate distance from the subject, the location of

spray contact).

5. Subject and witness information.

6. Reports shall not contain "boilerplate" or "pat" language (e.g., "furtive

movement" or "fighting stance") without descriptive details of the action.

7. Involved employees shall also complete the force section of the "Details" page

in their report/supplement.

(d) All incident reports and supplements shall be completed separately and without

discussing the details of the incident with other personnel. "Group reporting" is

prohibited. Debriefing after an incident and/or the necessary discussions to further

the training requirements of officers enrolled in the Field Training Program (FTP) are

allowed.

211.5 DESIGNATION OF SUPERVISOR TO CONDUCT INQUIRY

The supervisor of the employee involved in the force incident shall typically be the primary

supervisor conducting the force inquiry. The following exceptions apply:

(a) If an incident involves multiple employees with different supervisors, those supervisors

should work together to determine who will be the primary reporting supervisor. If an

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agreement cannot be reached, a Lieutenant from the area where the incident occurred

or the Watch Commander shall assign one supervisor to be the primary reporting

supervisor. The responding supervisor will conduct the force inquiry. Additionally, the

responding supervisor will notify the other involved employees' supervisor(s) of the

force incident and their employee's involvement. This notification will be made by e-

mail and will include the incident report number.

(b) A supervisor involved in a force incident shall not review the incident or conduct the

inquiry. An involved supervisor includes a supervisor that directs or orders force to be

used. A supervisor who is at the scene and witnesses the incident, but is not directly

involved in the force incident, may conduct the inquiry.

Level 4 force incident, another supervisor the rank of the involved employee or higher

shall conduct the inquiry.

(d) If an employee the rank of commander or higher is involved in a Level 2, Level 3,

or Level 4 force incident, the employee will notify their immediate supervisor and the

Duty Commander. At the direction of the Duty Commander, an on duty lieutenant may

be designated to complete the inquiry.

(e) Corporals may be designated as the inquiry supervisor as follows:

1. Level 1 Incidents - Corporals may not act as the designated supervisor to

conduct inquiries for Level 1 Force Incidents.

2. Level 2, 3, and Level 4 Incidents: Corporals may function as the designated

supervisor to conduct inquiries for Level 2, 3, and Level 4 force incidents.

211.6 LEVEL 1 AND IN-CUSTODY DEATH INQUIRY, REPORTING, AND REVIEW

REQUIREMENTS

Level 1 force incidents require an inquiry be conducted by SIU and may also concurrently be

investigated by IA. In-custody deaths occurring prior to or within 24 hours after booking require

concurrent inquiries conducted by SIU and IA, regardless of whether force was used on the

subject. The following sections explain the responsibilities in Level 1 force incidents and in-

custody deaths for:

(a) Supervisors,

(b) Special Investigations Unit (SIU),

(d) Chain-of-command, and

(e) Internal Affairs (IA).

211.6.1 SUPERVISOR RESPONSIBILITIES IN LEVEL 1 AND IN-CUSTODY DEATH

INCIDENTS

Supervisors shall respond to the scene of all Level 1 force incidents and in-custody deaths unless

a hostile crowd or other conditions make such a response impracticable. In such incidents, an

alternate safe location shall be designated by the supervisor.

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(a) Supervisors are responsible for managing the scene until a higher ranking supervisor

or the ranking SIU supervisor arrives.

(b) Supervisors should secure and manage the scene upon arrival and:

1. Take all reasonable steps to obtain emergency medical attention for all injured

individuals.

2. Ensure involved personnel, subjects, and witnesses are separated, identified

and advised that communication regarding the incident with other people is

prohibited.

3. Obtain a brief overview of the situation from available sources.

4. Following an officer involved shooting, the supervisor shall administer the public

safety questions to the involved officers(s). If necessary, the supervisor shall

administratively order any officer from this department to immediately provide

public safety information to secure the scene, pursue subjects, and located any

possible injured persons requiring medical attention.

(a) The public safety questions can be found on form PD0297 located in the

APD Approved Forms Folder. The information shall be limited to such

things as outstanding subject information, number and direction of shots

fired, perimeters of the incident scene, identity of known witnesses, and

similar information.

(b) The public safety questions shall be captured using the BWC

system. When the BWC system is unavailable, the DMAV system shall

be used.

5. With the exception of answering the public safety questions, involved personnel

subject to a potential criminal investigation shall be able to speak with an APA

union representative and/or their attorneys prior to speaking with a supervisor.

6. Ensure a crime scene is established:

(a) Ensure a Crime Scene Security Log (PD0175) is maintained to record

the time and identifying information of all persons entering and exiting the

scene.

(b) Ensure the Crime Scene Security Log is delivered to the SIU investigator.

7. Ensure an appropriate sized perimeter is established, if needed.

8. Assess the need for additional resources and notify the Watch Lieutenant and

appropriate lieutenant.

9. Identify the number of subjects involved and coordinate the apprehension of

subject(s)who are unaccounted for.

10. Assign employees who were not involved with the force incident to conduct

a reasonable canvass in an effort to identify witnesses in the proximity of the

incident. Witness information should be provided to on scene investigators as

soon as practicable and shall be documented in the employee's supplement.

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11. Assign employees who were not involved with the force incident to identify

any possible sources of video of the scene, such as security cameras, and

determine if they contain any pertinent video. Any information regarding sources

of pertinent video should be provided to on-scene investigators as soon as

practicable and shall be documented in the employee's supplement.

12. Coordinate the preliminary inquiry with the SIU and IA investigators to include,

but not limited to:

(a) Identifying employees either involved in or witness to the incident.

(b) Designating the primary reporting officer for the response to resistance

incident report.

(d) Assisting investigators to ensure statements are taken.

1. Completing a supplement to the response to resistance incident report detailing

their actions. SIU may direct a supervisor to complete a supplement to the SIU

inquiry report as well.

2. Identifying Department or individual equipment, training, and tactical issues, if

applicable.

3. Making recommendations for corrective action when appropriate.

211.6.2 SPECIAL INVESTIGATIONS UNIT (SIU) RESPONSIBILITIES IN LEVEL 1 AND IN-

CUSTODY DEATH INCIDENTS

The ranking SIU supervisor on-scene of a Level 1 incident shall assume command of the scene.

SIU shall conduct a response to resistance inquiry and forward the incident review packet to the

involved employee's chain-of-command within forty-five (45) calendar days, unless extended by

an assistant chief. A referral to IA may be initiated if SIU or the chain-of-command discovers

credible evidence of a General Orders violation during their review of a Level 1 force incident.

All in-custody death incidents will have a concurrent investigation with IA. SIU is responsible for

changing the 8400 title code to 8401 to indicate a Level 1 force incident.

211.6.3 LIEUTENANT RESPONSIBILITIES IN LEVEL 1 AND IN-CUSTODY DEATH

INCIDENTS

On-duty lieutenants responsible for the area in which the response to resistance incident has

occurred will respond to the scene to assume scene management and ensure the assigned

supervisor coordinates and assists with a thorough and proper preliminary inquiry. When

appropriate, lieutenants may place the involved employees on restricted duty with the approval of

the employee's commander or the Duty Commander.

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211.6.4 INTERNAL AFFAIRS RESPONSIBILITIES IN LEVEL 1

(a) If an Administrative Investigation is initiated due to alleged misconduct by an APD

employee, at any stage of the inquiry or review process, the process established by

General Order 902 (Administrative Investigations) will be followed.

(b) Upon final disposition of the Administrative Investigation, IA will notify the involved

employee’s commander.

to the Force Review Board.

211.7 LEVEL 2 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS

The following sections explain the responsibilities in Level 2 force incidents for:

(a) Supervisors, and

(b) Chain-of-Command.

211.7.1 SUPERVISOR RESPONSIBILITIES IN LEVEL 2 FORCE INCIDENTS

Level 2 force incident inquiries are conducted by the designated inquiry supervisor. A supervisor

shall respond to the scene of all Level 2 force incidents unless a hostile crowd or other conditions

make such a response impracticable. In such incidents, an alternate safe location shall be

designated by the supervisor.

(a) Supervisors should secure and manage the scene upon arrival and:

1. Ensure involved personnel, subjects, and witnesses are identified, separated,

and advised that communication regarding the incident with other people is

prohibited.

2. Verbally review the general circumstances of the incident individually with the

involved personnel, subjects, and witnesses. All employee statements shall

be captured using the BWC recording system. When the BWC system is

unavailable, the DMAV system shall be used.

3. Ensure the reporting level is consistent with the facts and assess whether

injuries, if present, are consistent with the force applied.

4. Ensure a perimeter is established if needed.

5. Locate injured subjects and ensure medical services have been requested as

needed.

6. Assess the need for additional resources and make appropriate notifications.

7. Identify the number of subjects involved. Coordinate the apprehension of

subject(s)outstanding.

8. Personally interview witnesses and the subjects upon whom the force was used,

or alleged to have been used, and obtain a statement. The statement should be

captured using a BWC or MAV recording system. If a statement is not obtained

by video or audio, the supervisor shall thoroughly document the information in

an email to FRU and explain the circumstances that prevented the recording.

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9. Assign employees who were not involved with the force incident to conduct

a reasonable canvass in an effort to identify witnesses in the proximity of the

incident. Witness information should be provided to the on-scene supervisor as

soon as practicable and shall be documented in the employee's supplement.

10. Assign employees who were not involved with the force incident to identify any

possible sources of video of the scene, such as security cameras, and determine

if they contain any pertinent video. Any sources of pertinent video should be

provided to on scene supervisor as soon as practicable and shall be documented

in the employee's supplement.

11. Ensure digital images or photographs are taken of:

(a) The physical condition of the subject and involved personnel to record the

presence or lack of injuries.

(b) The scene where the response to resistance incident occurred.

12. If a kinetic energy projectile is used in the force incident, all spent projectiles

shall be submitted to evidence for retention.

13. Supervisors shall ensure all MAV media is properly classified if it contains any

information or statements related to the incident.

(b) Once the scene has been cleared, supervisors shall be responsible for the following:

1. Using the FRU template, send an email notification to the FRU prior to the end

of their tour of duty.

2. Send email notifications with the incident report number prior to the end of the

tour of duty to the:

(a) Involved employee's chain-of-command up to the commander.

(b) Reviewing supervisor's chain-of-command up to the commander, if not

already included.

included.

211.8 LEVEL 3 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS

Level 3 force incidents require the involved employees to document the incident in a report and

notify their supervisors. Supervisors shall conduct a review of Level 3 force incidents as outlined

below but may upgrade any Level 3 force incident to a Level 2 force incident in order to conduct

a more extensive review. Any Level 3 that is upgraded to a Level 2 shall be investigated and

documented in the same manner as a Level 2.

(a) Supervisors shall respond to the scene of any Level 3 incident involving:

1. Use of OC spray or other chemical agent on a subject.

2. Any Taser application. See the "Report of Use" section of General Order 208

(TASER® Guidelines) for specific information to be included in the report.

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3. Use of an impact weapon.

4. Any incident resulting in injury or continued complaint of pain.

5. Any deployment of a police canine for the purpose of biting a subject whose

location is known to the handler which results in no injury to the subject.

(b) If a hostile crowd or other conditions make such a response impracticable, an alternate

safe location shall be designated by the supervisor.

the incident with the involved personnel, subjects, and witnesses. If the interview is

conducted by phone, the officer and supervisor will activate the speakerphone. All

employee statements shall be captured using a BWC recording system. When the

BWC system is unavailable, the DMAV system shall be used.

(d) Ensure the reporting level is correct based on all of the facts gathered during the

response to resistance inquiry.

(e) If a TASER Device is used in the force incident, the data report shall be downloaded

and a copy scanned into the image section of the Versadex incident report or submitted

into evidence with the spent cartridge for retention. If a TASER 7 or newer model is

used, upload the TASER log into Evidence.com. Attaching the TASER log to Versadex

is not required for the TASER 7 or newer model.

(f) Once the scene has been cleared, supervisors shall be responsible for using the FRU

template, send an email notification to the FRU prior to the end of their tour of duty.

211.9 LEVEL 4 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS

Level 4 force incidents require the involved employees to document the incident in a report and

notify their supervisors. Supervisors shall conduct a review of Level 4 force incidents as outlined

below, but may upgrade any Level 4 force incident to a Level 3 or Level 2 force incident in order

to conduct a more extensive review.

(a) Supervisors shall be briefed by the primary reporting officer to determine whether or

not the Level 4 force incident should be upgraded. If the determination is made to

upgrade the incident then it will be investigated in accordance with the appropriate

level as determined by this General Order.

(b) Supervisors shall review the primary reporting employees' response to resistance

incident report:

1. Supervisors shall review the general circumstances of the incident with the

involved personnel and ensure the reporting level is correct based on all of the

facts gathered during the response to resistance inquiry.

template to send an email notification to the FRU prior to the end of their tour of duty.

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211.10 INCIDENTS DURING SECONDARY LAW ENFORCEMENT RELATED

EMPLOYMENT (LERE)

Officers involved in a force incident while working secondary law enforcement related employment

(LERE) shall be required to comply with this order. Supervisors in the area where the force incident

occurred shall conduct the inquiry. However, for Level 3 and Level 4 force incidents, should the

LERE assignment employ two or more officers and one of the officers is a supervisor not involved

in the force incident, the LERE supervisor may conduct the inquiry.

211.11 INCIDENTS OCCURRING OUTSIDE THE CITY OF AUSTIN

Employees involved in a Level 1, Level 2, Level 3, or Level 4 force incident while taking police

action outside of the City of Austin shall notify the proper law enforcement authority having

jurisdiction, contact their supervisor, and follow the reporting procedures outlined in this order.

211.12 FRU RESPONSIBILITIES IN LEVEL 2, 3, AND 4 INCIDENTS

(a) Once the FRU has received an R2R email notification, the FRU Lieutenant will assign

an FRU Sergeant to investigate the response to resistance.

(b) The assigned FRU Sergeant will be responsible for the following:

1. The FRU Sergeant shall review the primary reporting employee's response to

resistance incident report and change the 8400 title code to the appropriate

8402, 8403, or 8404 title code.

2. Complete an Incident Review Packet (IRP) in AXON Standards, filling in all

applicable fields to include:

(a) All pertinent information relating to the resistance and the officer(s)

response to resistance.

(b) The findings of the investigation, including whether the response to

resistance complies with law and policy.

violations on the part of the involved officers(s), if applicable.

3. Add and attach all supporting documentation in the AXON Standards IRP.

Supporting documentation includes but is not limited to:

(a) Copies of private surveillance video, cell phone video, etc.

4. FRU Sergeants shall conduct a thorough review of all documents including

the response to resistance incident report and any supplements to ensure

completeness, accuracy, and quality.

Standards IRP as complete.

(d) Once the FRU Sergeant has completed a level 2 review, they will route the AXON

Standards IRP to the FRU Lieutenant.

(e) The FRU Lieutenant will review the incident for the following:

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1. Review whether or not the response to resistance was within law and policy.

2. Review whether or not training issues or policy violations occurred.

3. Review the investigation completed by the assigned FRU Sergeant.

(f) If any training issues or potential policy violations are identified, the assigned FRU

Sergeant will notify the FRU Lieutenant and route the AXON Standards IRP to the

chain-of-command under which the involved employee is currently assigned, within

eight (8) working days from the time the FRU was notified of the incident.

(g) The assigned FRU Lieutenant will immediately notify the FRU Commander of any

potential major policy violations or criminal violations.

1. The FRU Commander will notify the subject officer’s Commander of any

potential major policy violations or criminal violations.

2. The Chain of Command Commander will notify SIU and IA of any potential or

criminal violations.

3. The Chain of Command Commander will notify IA of any potential policy

violations.

(a) The date and time of the notifications will be documented in the AXON

Standards IRP.

4. The Chief of Police will be notified of any potential criminal violations.

(h) FRU Sergeants will complete their assigned reviews in eight (8) working days, unless

granted an extension by the FRU Lieutenant.

1. Requests for extensions must be based upon delays in the review process,

including, but not limited to: delays in gathering evidence, staffing or scheduling

issues by anyone in the review process, or other unforeseen emergency

situations that may interfere with the completion of the review.

2. The reason and new deadline for extensions will be documented in the AXON

Standards IRP.

(i) The FRU Lieutenant will complete their assigned reviews in eight (8) working days,

unless granted an extension by the FRU Commander.

1. Requests for extensions must be based upon delays in the review process,

including, but not limited to: delays in gathering evidence, staffing or scheduling

issues by anyone in the review process, or other unforeseen emergency

situations that may interfere with the completion of the review.

2. The reason and new deadline for extensions will be documented in the AXON

Standards IRP.

211.13 CHAIN-OF-COMMAND RESPONSIBILITIES IN LEVEL 2, 3, AND 4 INCIDENTS

(a) If the FRU has routed any identified training issues or potential policy violations to an

officer’s chain of command, the chain of command will review the identified training

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issues or potential policy violations and take the appropriate actions according to

policy.

1. All actions will be documented, within eight (8) working days in the AXON

Standards IRP, to include:

(a) Any corrective actions taken.

(b) Any training administered.

(b) If the Chain of Command Commander disagrees with the FRU Commander on

identified policy issues, the Chain of Command Commander will notify the affected

Assistant Chief for final disposition of the identified issue.

211.13.1 SPECIAL CIRCUMSTANCES

Any deviation from the above reporting requirements must be approved by an assistant chief

and only for special circumstances (e.g., mass arrest situations, emergency crowd control). The

event must still be reviewed by the FRU and the review process must be approved by the FRU

Commander.

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R2R Audit Group

212.1 PURPOSE AND SCOPE

The Austin Police Department is charged with the important responsibility of objectively evaluating

an officer’s Response to Resistance. The R2R Audit Group shall identify any policy, training,

tactical, equipment, or other improvements related to the force incident that may be needed.

The group shall also review the quality and timeliness of the response to resistance reporting,

investigation, and review, and take appropriate action. The Chief may direct the group to review

any Response to Resistance incident.

The group is empowered to conduct an administrative review of the following types of incidents:

(a) Level 2 and Level 3 force incidents.

(b) Any incident where an officer uses OC Spray, Taser, or weaponless strikes on a

restrained subject.

responsibility be reviewed.

(d) Any incident, regardless of level, as directed by the Chief of police or designee.

212.1.1 AUTHORITY OF THE R2R AUDIT GROUP

When the R2R Audit Group is convened, the group may access all relevant documents, records,

recordings, including any video, audio, text messages, and transcripts of interviews of all involved

personnel, including non- departmental witnesses, as provided by law.

The group shall make recommendations concerning any policy, training, tactical, equipment, or

other improvements but does not have the authority to recommend discipline. Recommendations

shall be determined by a majority vote of the group. Any approved recommendations shall be

referred to the Chief of Police or designee.

212.1.2 CONFIDENTIALITY OF INFORMATION

Documentation provided to the R2R Audit Group necessary to perform its function has the same

legal character as documentation in the possession of Internal Affairs. No member of the group

may release any information regarding its review of a specific incident to anyone not authorized

to review the information without the authorization of the Chief or designee.

212.2 R2R AUDIT GROUP COMPOSITION

The R2R Audit Group will meet monthly. The group consists of Voting Members, Non-Voting

Members and Presenters. Current group membership shall be comprised of the Force Review

Commander (Chairperson), a representative from City Legal, a monthly rotating panel of three (3)

commanders, the Force Review Lieutenant, and the Learned Skills Unit Lieutenant. The Force

Review Lieutenant and the Learned Skills Lieutenant are non-voting members. The Chief of Police

may appoint other members to the group as needed.

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212.2.1 MEMBER TRAINING

The Force Review Commander shall ensure all members receive continuing professional training

in the following subjects:

(a) Departmental force policies, force application, and practices including demonstrations

of training techniques.

(b) Departmental force investigation procedures.

presented and/or coordinated by the Training Academy.

(d) Legal updates on force case law presented by representatives from the City Law

Department and/or the District Attorney's Office.

212.3 R2R AUDIT GROUP INQUIRY PACKETS

212.3.1 INQUIRY PACKET PREPARATION

The R2R Audit Group will review a random sampling of 8 -10 cases for Level 2 R2R’s, Level

3 R2R’s, and all incidents where an officer uses OC Spray, Taser, or weaponless strikes on a

restrained subject.The group shall not review any incident that is currently being investigated by

Internal Affairs or the Special Investigations Unit.

212.3.2 INQUIRY PACKET DISTRIBUTION

The Chairperson shall ensure participants are provided a list of all cases that will be reviewed

and any supervisor memoranda, at least seven (7) calendar days prior to the group meeting. The

members may review the incident report, the IRP, and any case notes via Versadex.

All other ancillary documents, reports and recordings shall be made available at the meeting,

including:

(a) Ancillary documents such as supplement reports and written statements.

(b) Communications Division audiotapes, if necessary.

(d) CAD records.

(e) Medical reports or summary of injuries, if available.

(f) Digital Images or photographs.

(g) Training and force incident records of involved personnel.

(h) Applicable Department policies and procedures.

212.4 R2R AUDIT GROUP PROCEDURES AND RESPONSIBILITIES

The Chair of the R2R Audit Group shall track the status of all meetings to include:

(a) Date of the meeting.

(b) Date the report is submitted to the affected commanders for corrections.

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(d) Implementation of the approved recommendations in accordance with this order.

(e) Date final R2R Audit Group report submitted to Chief or his designee.

212.5 RECOMMENDATIONS AND FOLLOW-UP

(a) Corrective Actions:

1. If the report contains approved recommendations for corrective actions for

specific personnel (e.g., training), the Chairperson shall assign it to the

appropriate Commander.

2. The assigned Commander shall ensure the approved recommendations are

implemented.

(a) Upon completion of the recommended corrective action(s), the assigned

Commander shall prepare and forward a written response documenting

the corrective action to the R2R Audit Group within twenty (20) calendar

days of receipt, unless extended by an Assistant Chief.

(b) Department-Related Recommendations:

1. If the report contains Department-related recommendations (e.g., general

order revision, equipment evaluation, tactical changes, Training Bulletins, or

improvements in the quality and timeliness of the reporting, investigation, and

chain-of-command review), the Chairperson shall assign the required tasks to

the appropriate Commander.

2. The assigned Commander shall review the proposed recommendations/planned

corrective action with their Assistant Chief and present a status update to

Executive Staff.

3. TheChairperson shall monitor and document the implementation of

recommendations and advise the Chief or his designee when:

(a) Implementation is completed.

(b) An extension has been requested and the reason for the extension

request.

and no extension has been requested.

4. The Chairperson shall prepare a final report which indicates how each issue or

concern that was identified was handled. That report shall be sent to the Chief

or his designee electronically within thirty (30) calendar days of the initial R2R

Audit Group meeting.

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Vehicle Pursuits

214.1 PURPOSE AND SCOPE

Vehicle pursuits expose innocent citizens, law enforcement officers, and fleeing violators to the

risk of serious injury or death. The primary purpose of this order is to provide officers with guidance

in balancing the safety of the public and themselves against law enforcement's duty to apprehend

violators of the law. Another purpose of this order is to minimize the potential for pursuit-related

crashes. Vehicular pursuits require officers to exhibit a high degree of common sense and sound

judgment. Officers must not forget that the immediate apprehension of a subject is generally not

more important than the safety of the public and pursuing officers.

214.1.1 PHILOSOPHY

Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and

under difficult and unpredictable circumstances. In recognizing the risk to public safety created

by vehicle pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to

engage in a vehicle pursuit due to the risk involved. This includes circumstances where department

general orders would permit the initiation or continuation of the pursuit. It is recognized that vehicle

pursuits are not always predictable and decisions made pursuant to this order shall be evaluated

according to the totality of the circumstances reasonably available at the time of the pursuit.

Officers must remember that the most important factors to the successful conclusion of a pursuit

are self-discipline and sound professional judgment. Officers' conduct during the course of a

pursuit must be objectively reasonable; that is, what a reasonable officer would do under the

same circumstances, and includes any officer involved in the pursuit. An unreasonable desire to

apprehend a fleeing subject at all costs has no place in professional law enforcement.

214.2 DEFINITIONS

Channel - A tactic designed to cause a violator's vehicle to follow a particular path by blocking

side streets and/or exit ramps with a patrol unit that has its emergency lights on.

Terminate - Deactivate lights and siren, and cease pursuit.

Tire Deflation Device (TDD) - A device that extends across the roadway designed to puncture

the tires of the pursued vehicle. These are also known as Spikes or Tack Strips.

Vehicle Pursuit - An active attempt by a law enforcement officer in a motor vehicle to apprehend

the occupant(s) of another moving motor vehicle when the driver is not merely failing to stop at

the direction of an officer using emergency lights and siren, but is actively attempting to evade

apprehension or is continuing to commit further violation(s) of the law.

Precision Immobilization Technique - A technique used to terminate a hazardous vehicle

pursuit situation.

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214.3 PURSUIT CONSIDERATIONS AND RESTRICTIONS

The following section is established to provide officers with guidelines for driving with due regard

and caution for the safety of all persons using the highway (as required by Tex. Transp. Code

§ 546.005).

214.3.1 OFFENSES COMMITTED THAT ALLOW FOR A VEHICLE PURSUIT

Officers may only engage in vehicle pursuit when the suspect is believed to have committed one

of the following offenses:

(a) Any felony offense.

(b) Driving While Intoxicated, regardless if the identity is known.

214.3.2 RESTRICTIONS ON VEHICLE PURSUITS

Officers will not engage in a pursuit under any of the following circumstances:

(a) The subject evades after having committed any non-hazardous traffic violation,

regardless of the class of offense.

(b) The officer has a prisoner, subject, or other non-police passenger who has not signed

a liability release.

terminate the pursuit unless the violator has committed a felony involving violence,

and then only when all considerations for safety have been taken into account and the

pursuit is still deemed reasonable.

1. The road surface is wet or otherwise slippery.

2. Any Construction Zone with workers present.

3. Any active school zone.

4. Any area with a large amount of pedestrians, such as a festival or concert.

214.3.3 FACTORS TO CONSIDER BEFORE INITIATING A PURSUIT

With the exception of the specified restrictions on vehicle pursuits listed in this order, officers are

authorized to initiate a pursuit when it is reasonable to believe that a subject is attempting to evade

arrest or detention by fleeing in a vehicle.

(a) The following factors will be considered both individually and collectively when

deciding whether to initiate or continue a pursuit:

1. Seriousness of the known or reasonably suspected crime and its relationship to

community safety.

2. The importance of protecting the public and balancing the known or reasonably

suspected offense and the apparent need for immediate capture against the

risks to officers, innocent motorists, and others.

3. Apparent nature of the fleeing subject (e.g., whether the subject represents a

serious threat to public safety).

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4. Extended pursuits of violators for misdemeanors not involving violence or risk

of serious harm (independent of the pursuit) are discouraged.

5. The identity of the subject has been verified and there is comparatively minimal

risk in allowing the subject to be apprehended at a later time.

6. Safety of the public in the area of the pursuit, including the type of area, time of

day, the amount of vehicular and pedestrian traffic (e.g., school zones) and the

speed of the pursuit relative to these factors.

7. Pursuing officer's familiarity with the area of the pursuit, the quality of radio

communications between the pursuing units and the dispatcher/supervisor and

the driving capabilities of the pursuing officers under the conditions of the pursuit.

8. Weather, traffic, and road conditions that unreasonably increase the danger of

the pursuit when weighed against the risks resulting from the subject's escape.

9. Performance capabilities of the vehicles used in the pursuit in relation to the

speeds and other conditions of the pursuit.

10. Vehicle speeds.

11. Other subjects in or on the pursued vehicle (e.g., passengers, co-offenders and

hostages).

12. Availability of other resources such as aircraft assistance.

214.3.4 WHEN TO TERMINATE A PURSUIT

Pursuits should be discontinued whenever the totality of objective circumstances known, or

which reasonably ought to be known, to the officer or supervisor during the pursuit indicates

that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting

from the subject's escape. Officers and supervisors must objectively and continuously weigh the

seriousness of the offense against the potential danger to motorists, themselves, and the public

when electing to continue a pursuit. This section shall not be construed to authorize a pursuit that

is expressly prohibited as outlined in the Restrictions on Vehicle Pursuits section of this order.

Any officer has the authority to terminate it if they observe road or traffic conditions, or unsafe

driving conditions that indicate it has become too dangerous to continue (i.e. another Officer or the

suspect driving on the wrong side of a high speed roadway or other dangerous policy violations.)

(a) The factors listed in this order on when to initiate a pursuit are expressly included

herein and shall also apply to the decision to discontinue a pursuit. In addition to those

factors listed, the following should also be considered in deciding whether to terminate

a pursuit:

1. Distance between the pursuing officers and the fleeing vehicle is so great

that further pursuit would be futile or require the pursuit to continue for an

unreasonable time or distance.

2. Pursued vehicle's location is no longer definitely known.

3. Officers shall discontinue the pursuit when they become aware their vehicle has

developed a mechanical malfunction. This includes, but is not limited to:

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(a) Any engine warning light activates on the dash (e.g., brake, ABS, or check

engine lights).

(b) Audible warning tones.

functioning of the vehicle.

4. Hazards to uninvolved bystanders or motorists.

5. If the identity of the offender is known and it does not reasonably appear that

the need for immediate capture outweighs the risks associated with continuing

the pursuit, officers should strongly consider discontinuing the pursuit and

apprehending the offender at a later time.

6. Directed by a supervisor.

7. Pursuit speeds:

(a) Pursuit speeds have become unreasonably unsafe for the surrounding

conditions.

(b) Pursuit speeds have exceeded the driving ability of the officer.

making its operation unsafe.

214.3.5 PURSUIT DRIVING CONSIDERATIONS AND RESTRICTIONS

The decision to use specific driving tactics requires the same assessment of factors to be

considered concerning pursuit initiation and termination. The following driving tactics apply to units

involved in a pursuit:

(a) Officers will space themselves from other involved vehicles, in consideration of their

driving skills and vehicle performance capabilities, so they are able to see and avoid

hazards or react safely to maneuvers by the fleeing vehicle and other police units.

(b) Officers should not attempt to pass other units in a pursuit unless the situation indicates

otherwise or requested to do so by the primary unit or control supervisor.

tactics should be used:

1. Request Air Support assistance.

2. If a divided roadway, maintain visual contact with the pursued vehicle by

paralleling on the correct side.

3. Request other units to watch for exits available to the vehicle.

(d) Officers will not drive the wrong way while pursing a vehicle on a:

1. Highway or Freeway,

2. Highway or Freeway frontage / service roads, or

3. any roadways that are:

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(a) directly connected to highway/freeway entry or exit ramps, or

(b) adjacent to or running parallel to a highway or freeway.

(e) Officers have an obligation to drive with a due regard for the safety of lives and

property. Driving the wrong way on a roadway does not necessarily protect the officer

from the consequences of a disregard for traffic and/or legal restrictions.

214.4 PURSUIT GUIDELINES

Pursuit units shall be limited to four vehicles (three units and a control supervisor); however, a

control supervisor may request additional units to join a pursuit if, after assessing the factors

outlined above, it appears that the number of officers involved would be insufficient to safely stop

the pursuit and/or arrest the subject(s). All other officers will stay out of the pursuit but should

remain alert to its progress and location.

(a)

All officers involved in a pursuit shall:

Operate their police unit with emergency lights and siren activated (Code 3).

Ensure their Mobile Audio Video (MAV) recording system has been activated if

their vehicle is equipped with one.

(b)

Any officer who drops out of a pursuit may, with permission of a control supervisor,

trail the pursuit to the termination point in order to provide necessary information and

assistance in the arrest of the subject(s).

The term "trail" means to follow the path of the pursuit at a safe speed while

obeying all traffic laws and without activating emergency equipment. If the

pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance

from the pursuit units so as to clearly indicate an absence of participation in the

pursuit.

(c)

Pursuit communications shall be handled as follows:

If a pursuit is confined within the City limits, radio communications will be

conducted on the primary channel unless instructed otherwise by a supervisor

or communications dispatcher.

If a pursuit contains multiple agencies and/or leaves APD jurisdiction,

Communications will determine the appropriate radio channel to use.

214.4.1 POLICE MOTORCYCLES AND UNMARKED UNITS

Police motorcycles and unmarked units equipped with emergency lights and siren may initiate

a pursuit; however, those officers should terminate their involvement in the pursuit immediately

upon arrival of a sufficient number of distinctively marked law enforcement vehicles equipped with

emergency lights and siren, or any law enforcement aircraft.

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214.4.2 POLICE UNITS WITHOUT EMERGENCY EQUIPMENT

Police units not equipped with emergency lights and siren are generally prohibited from initiating

or joining in a pursuit. Officer(s) in such vehicles may become involved in emergency activities

involving serious crimes or life-threatening situations; however, those officers should terminate

their involvement in the pursuit immediately upon arrival of a sufficient number of distinctively

marked law enforcement vehicles equipped with emergency lights and siren, or any law

enforcement aircraft.

214.4.3 UNITS NOT INVOLVED IN A PURSUIT

(a) There shall be no paralleling of a pursuit route by officers not authorized to be in a

pursuit.

(b) Officers not directly involved in the pursuit are authorized to proceed safely to

controlled intersections ahead of the pursuit and use emergency equipment to warn

vehicular and pedestrian traffic in an effort to protect the public. Officers should remain

in their assigned area and should not become involved with the pursuit unless directed

otherwise by a supervisor.

appropriate manner based on the totality of the circumstances and type of assistance

needed.

214.4.4 SUPERVISORS INITIATING A PURSUIT

(a) When a supervisor initiates a pursuit, another supervisor working in the same area

should acknowledge the pursuit over the radio and assume responsibility as the control

supervisor.

1. If a supervisor in the same area is unavailable, and no supervisor volunteers

as control supervisor, Communications shall notify the nearest available field

supervisor that a control supervisor is needed. Corporals serving as acting

sergeants may not assume responsibility as the control supervisor in this

situation.

2. Acknowledgment by the appointed control supervisor must be made by radio.

(b) The supervisor who initiates the pursuit may continue pursuing the subject vehicle

until such time as patrol units are able to assist, or the pursuit is terminated.

1. As authorized patrol units engage the pursuit, the initiating supervisor will allow

those units to take up the first and subsequent positions behind the subject

vehicle and call the pursuit.

2. The initiating supervisor shall move to the last position behind the authorized

units and assume the role of control supervisor.

they shall advise Communications by radio that they are now control supervisor and

the previous control supervisor shall be relieved.

(d) The supervisor acting as control supervisor at the conclusion of the pursuit shall

complete all appropriate paperwork.

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1. Any other supervisor who acted as control supervisor, or became involved in

a supervisory capacity at any time during the pursuit, shall write a supplement

documenting their involvement.

214.4.5 PURSUITS INITIATED BY OTHER LAW ENFORCEMENT AGENCIES

The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from

this department should not participate in, join, or assume control of a pursuit initiated by another

agency unless approved by a supervisor or the Watch Lieutenant. As soon as practicable, a

supervisor or the Watch Lieutenant should review a request for assistance from another agency

to determine if assistance will be provided.

(a) At no time should a request to join or take over a pursuit from another agency that has

entered this jurisdiction be granted if it violates the considerations and restrictions on

vehicle pursuits outlined in this order, with the following exceptions:

1. Authorization to participate in the pursuit may be granted for the sole purpose

of ending the pursuit using TDD's, PIT or other approved devices and methods

as outlined in this order, regardless of the reason for the pursuit.

2. In the event that a pursuit from another agency terminates within this jurisdiction,

approval may be given to provide appropriate assistance to officers from the

allied agency including, but not limited to, scene control, containment, subject

search, completion of supplemental reports, and any other assistance requested

or needed.

(b) Pursuit assistance to an allied agency by officers of this department should terminate

at the City limits. Ongoing participation from this department may only continue with

the approval of a supervisor.

214.4.6 APD PURSUITS ENTERING OTHER JURISDICTIONS

(a) Officers should request communications to notify the appropriate law enforcement

agency when it appears that the pursuit may enter another jurisdiction.

(b) When a pursuit enters another agency's jurisdiction, the primary officer or supervisor

should determine whether to request the other agency to assume the pursuit by taking

into consideration distance traveled, unfamiliarity with the area, and other pertinent

factors.

214.4.7 LOSS OF PURSUED VEHICLE AND SUBJECT BAILING

(a) When the pursued vehicle is lost, the primary unit should broadcast pertinent

information to assist other units in locating the vehicle. The control supervisor will

determine if the pursuit should be terminated and whether Air Support should continue

searching the area.

(b) When subjects abandon the vehicle and flee on foot, the primary unit will be

responsible for coordinating any further search with the permission of the control

supervisor.

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214.5 PURSUIT UNIT ROLES AND RESPONSIBILITIES

This section outlines the roles and responsibilities of police units involved in a pursuit.

214.5.1 PRIMARY UNIT RESPONSIBILITIES

The initial pursuing officer will be the primary pursuit unit and is responsible for the conduct of the

pursuit unless unable to remain reasonably close enough to the violator's vehicle. The primary

responsibility of the officer initiating the pursuit is the apprehension of the subject(s) without

unreasonable danger to themselves or other persons.

(a) The primary unit should notify Communications on the appropriate primary channel

corresponding to the area the vehicle pursuit was initiated in and, as soon as

practicable, provide the following information:

1. Reason for the pursuit.

2. Location and direction of travel.

3. Speed of the fleeing vehicle.

4. Description of the fleeing vehicle and license number, if known.

5. Number of occupants.

6. The identity or description of the known occupants.

7. Evasive actions being taken by the fleeing vehicle (e.g., disregard of traffic

control devices, intentional collisions, driving on the wrong side of the roadway).

8. Information concerning the use of firearms, threat of force, injuries, hostages or

other unusual hazards.

(b) Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be

responsible for the broadcasting of the progress of the pursuit. Unless circumstances

reasonably indicate otherwise, the primary unit should relinquish the responsibility of

broadcasting the progress of the pursuit to a secondary unit or aircraft joining the

pursuit to minimize distractions and allow the primary unit to concentrate foremost on

safe pursuit tactics.

214.5.2 SECONDARY UNIT(S) RESPONSIBILITIES

(a) The second officer in the pursuit is responsible for the following:

1. Immediately notify the dispatcher of entry into the pursuit.

2. Broadcast the progress of the pursuit unless the situation indicates otherwise.

(b) The secondary unit should remain a safe distance behind the primary unit unless

directed to assume the role of primary unit (e.g., the primary unit is unable to continue

the pursuit).

214.5.3 CONTROL SUPERVISOR RESPONSIBILITIES

It is the policy of this department that supervisor control shall be exercised over all vehicle pursuits

involving officers from this department.

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(a) The immediate supervisor (sergeant or corporal) of the officer initiating the pursuit, or if

unavailable, the nearest available field supervisor (sergeant or corporal) shall assume

the responsibility as the control supervisor.

(b) The control supervisor is responsible for the following:

1. Upon becoming aware of a pursuit, immediately ascertaining all reasonably

available information to continuously assess the situation and risk factors

associated with the pursuit in order to ensure that the pursuit is conducted within

established department guidelines.

2. Engage in the pursuit when appropriate and provide on scene supervision.

3. Exercise management and control of the pursuit even if not engaged in it.

4. Ensuring that no more than the number of required police units needed are

involved in the pursuit under the guidelines set forth in this order.

5. Direct that the pursuit be terminated if, in their judgment, it is unjustified to

continue the pursuit under the guidelines of this order.

6. Ensure that aircraft assistance is requested.

7. Ensure that the proper radio channel is being used.

8. Ensure the notification and/or coordination of outside agencies if the pursuit

either leaves or is likely to leave the jurisdiction of this agency.

9. Control and manage APD units when a pursuit enters another jurisdiction.

10. Prepare a post pursuit critique and analysis of the pursuit for training purposes.

214.5.4 COMMUNICATIONS RESPONSIBILITIES

Upon notification that a pursuit has been initiated, Communications shall:

(a) Broadcast an alert tone citywide to inform officers that a pursuit is in progress.

(b) Assign an incident number and log all pursuit activities.

(d) Notify and coordinate with other involved or affected agencies, as needed.

(e) Broadcast updates and other pertinent information, as necessary.

(f) Ensure that the Communications supervisor and appropriate lieutenant are notified of

the pursuit.

1. If the lieutenant over the area where the pursuit initiated is unavailable or

does not respond in a timely manner, the nearest available lieutenant shall be

contacted.

(g) Notify the Watch Lieutenant as soon as practicable.

(h) Dispatchers shall keep other areas of the city advised if the pursuit is likely to enter

or cross into multiple areas.

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(i) Upon verbal confirmation that a pursuit has been terminated, Communications shall

again broadcast the designated citywide alert tone signifying the pursuit has been

terminated.

214.5.5 AIR SUPPORT RESPONSIBILITIES

Once the Air Unit has established visual contact with the pursued vehicle and is capable, it should

start calling the actions of the pursuit to allow ground units to focus on driving. The primary and

secondary ground units should consider the participation of aircraft assistance when determining

whether to continue the pursuit.

(a) The Air Unit should coordinate the activities of resources on the ground, report

progress of the pursuit and provide officers and supervisors with details of upcoming

traffic congestion, road hazards or other pertinent information to evaluate whether

to continue the pursuit. If ground units are not within visual contact and the Air Unit

determines that it is unsafe to continue the pursuit, the Air Unit should recommend

terminating the pursuit.

(b) Once a vehicle pursuit has been terminated, the Tactical Flight Officer may request

permission from the control supervisor to allow the Air Unit to track the subject. If

permission is granted to track, the Air Unit will advise location and any pertinent

information relative to the safety of the public. If the Air Unit indicates that the subject

vehicle has stopped, the control supervisor may authorize ground units to proceed to

the vehicle location. The control supervisor shall determine the manner in which units

respond.

1. If the control supervisor denies permission to track, the Air Unit will break off all

contact with the subject.

2. If the Air Unit determines, in the interest of safety, that it can no longer assist or

continue tracking the subject, the Air Unit shall notify the control supervisor.

214.5.6 WATCH LIEUTENANT RESPONSIBILITIES

Upon becoming aware that a pursuit has been initiated, the Watch Lieutenant should monitor and

continually assess the situation.

214.6 APPROVED PURSUIT INTERVENTION AND TERMINATION TACTICS

Any approved tactic, depending upon the conditions and circumstances under which it is used,

may present dangers to the officers, the public, or anyone in the vehicle being pursued. It is

imperative that officers act within the bounds of legality, good judgment, accepted practices, and

orders.

(a) Certain applications of intervention and termination tactics may be construed to be

a use of force, including deadly force, and are subject to Department orders guiding

such use and reporting.

(b) In deciding whether to use an approved tactic, officers and supervisors should balance

the risks of allowing the pursuit to continue with the potential hazards arising from the

use of each tactic to the public, the officers, and subjects in or on the pursued vehicle.

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With these risks in mind, the decision to use any tactic should be reasonable in light

of the circumstances apparent to the officer at the time of the decision.

approval of a supervisor.

214.6.1 USE OF FIREARMS

Officers should exercise good judgment and not place themselves in the path of a moving vehicle

since doing so may increase the likelihood of having to resort to the use of deadly force.

(a) Unless it reasonably appears that it would endanger officers or the public, officers are

expected to move out of the path of any approaching vehicle.

(b) Officers shall adhere to the guidelines set forth in General Order 202 (Firearm

Discharge Situations) in regards to the discharge of a firearm at or from a moving

vehicle.

214.6.2 TIRE DEFLATION DEVICE (TDD)

The use of a Tire Deflation Device (TDD) should be approved in advance by the control supervisor

and deployed only when it is reasonably apparent that only the pursued vehicle will be affected

by their use. Officers should carefully consider the limitations of such devices as well as the

potential risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is

transporting hazardous materials, or a school bus transporting children, officers and supervisors

should weigh the potential consequences against the need to immediately stop the vehicle.

(a) TDD's shall not be used when a motorcycle is involved in the pursuit.

(b) TDD Deployment

1. Only officers who have received and successfully completed Department

approved training in the application and use of an approved TDD shall use this

intervention tactic.

2. The following scenarios require supervisor approval prior to TDD deployment:

(a) The fleeing vehicle has made overt attempts to strike any other vehicles,

persons, or structure during the pursuit, or

(b) There is a reasonable belief that the suspect is armed (independent

witness claims, self-admittance, multiple victim statements, etc.)

3. Officers who are driving units equipped with a TDD and are authorized to deploy

the TDD may proceed Code 3 to a location likely to be in path of the pursuit.

4. TDD units shall advise Communications when they have reached the

deployment site and give their location.

5. Prior to deploying TDD officers shall consider the following:

(a) The need to continue pursuit versus terminating the pursuit in the event

the deployment of TDDs are ineffective;

(b) The risk to the public or pursuing law enforcement vehicles caused by the

deployment of the TDD; and,

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6. After a deployment site has been established, the control supervisor may

authorize other units to operate Code 3 in order to channel the fleeing vehicle

to this location.

(a) Channeling may include blocking freeway exits and/or major side streets.

(b) Police units shall not attempt to make a fleeing vehicle take any action

other than continuing straight on the road upon which it is already traveling.

streets.

7. The officer calling the pursuit shall broadcast the identity of the target vehicle to

the TDD unit when the pursuit approaches the deployment site. The information

should include details of the vehicle such as license plate, color, make and

model.

(a) The target vehicle should be visually confirmed by the TDD unit to reduce

errors in deployment.

(b) All pursuing units should maintain at least a three to five second gap

behind the target vehicle to allow sufficient time for the setup and retrieval

of the TDD.

crossing the TDD site.

214.6.3 PRECISION IMMOBILIZATION TECHNIQUE

The use of the PIT should be approved in advance by the control supervisor.Officers and

supervisors should weigh the need to immediately stop the vehicle based on the driving behavior

and risk to the public. versus apprehension of the suspect, or termination of the pursuit.

(a) PIT shall not be performed on the following vehicles:

1. Motorcycle.

2. All-Terrain Vehicle.

3. Vehicles pulling trailers.

4. Tractor trailers.

5. Large Motor homes.

6. Vehicle's carrying known hazardous materials.

(b) Special PIT Considerations

1. If known, the use of PIT should generally be avoided in the following situations:

(a) Pickup truck with passengers in the bed.

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1. The primary unit involved in a pursuit may attempt to utilize the PIT to end

a pursuit provided the risks to the public outweigh the risks of continuing the

pursuit.

(a) The primary unit will be certified to perform the PIT.If the primary unit is

not certified, the control supervisor will authorize a PIT certified officer to

move to the front of the other police vehicles to perform the PIT.

2. Other units involved in the pursuit will assist with the Tactical Vehicle

Containment once the PIT is performed.

(a) If additional units are utilized in the pursuit, they are responsible for

immediately notifying the dispatcher of their entry into the pursuit.

3. Prior to deploying PIT officers shall:

(a) Give the operator of the suspect vehicle a reasonable opportunity to stop

and comply with police authority.

(b) Ensure that there are at least two additional units in the pursuit.

terminating the pursuit.

(d) Advise communications and the officers involved in the pursuit that they

are going to attempt the PIT by using the phrase "PIT, PIT, PIT" and

identify whether or not the Tactical Vehicle Containment (TVC) is

a "two" or "three" vehicle containment.

(e) Under normal circumstances, a PIT maneuver at speeds above 40 mph

should not be applied. However, if exigent circumstances exist, higher

speeds may be authorized with supervisor approval.

(f) At the conclusion of a successful PIT application. tactical vehicle

containment procedures shall be used by all officers when practical.

(d) Reporting PIT

1. Any attempt or use of PIT against another vehicle shall be documented in the

related incident report/supplements.

2. For the purposes of reporting and review:

(a) PIT is a Level 2 force incident, unless the PIT results in serious bodily

injury or death.

(b) PIT is a Level 1 force incident if the PIT results in serious bodily injury or

death.

(e) Post PIT Requirements

1. The Special Investigations Unit shall be called to all crashes resulting in serious

bodily injury or death as a result of PIT.

2. A CR-3 is not required after the utilization of the PIT unless there is damage to

third-party property. In the event of third-party property damage as a result of a

PIT, an incident title code "crash/city vehicle" (3651) will be included in the report

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with the following documentation included in the SharePoint Incident Review

Packet (IRP):

(a) A CR-3,

(b) A large, not to scale, diagram, and

person(s).

214.6.4 LOW SPEED INTERVENTION

Other than an approved usage of the PIT, police vehicles shall not be used to physically block a

stopped vehicle or to physically force a moving vehicle off the roadway, to a stop, to change its

direction of travel, or to alter its speed unless:

(a) The vehicle is at a stop or near stop; and

(b) The police vehicle is maneuvering at low speed; and

continuing.

Before engaging in such actions, officers must consider the unintended consequences of the low-

speed intervention and recognize that a better course of action may be to allow a vehicle to leave

the scene, or if a pursuit has already begun, to terminate the pursuit altogether.

214.7 REPORTING AND REVIEW REQUIREMENTS

214.7.1 INVOLVED OFFICER(S) RESPONSIBILITY

All officers involved in the pursuit will write a detailed incident report or supplement and ensure

their MAV media is correctly classified. This includes the primary officer initiating the pursuit, any

secondary officer(s), and any additional officer(s) who assisted with the pursuit (e.g., Officers using

a TDD, Air Support).

214.7.2 CONTROL SUPERVISOR RESPONSIBILITIES

The control supervisor shall review the involved officers' incident report for accuracy and

completeness, and:

(a) Complete an Incident Review Packet on SharePoint filling in all applicable fields to

include:

1. All pertinent information relating to the vehicle pursuit,

2. The findings of the supervisor investigation, and

3. Any training issues or general order violations on the part of the involved

officer(s), if applicable.

(b) In order to preserve DMAV videos, the highest applicable category shall be used. In

the absence of any criminal charges, the “Two Year” retention code shall be used.

This will ensure that the Pursuit Review Board has access to the video and that it is

not deleted from the server prematurely.

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Review Folder containing all supporting documentation which is not already located

in a different location on the APD network. Supporting documentation includes but

is not limited to:

1. Copies of private surveillance video, cell phone video, etc.

(d) Forward the electronic link(s) to the SharePoint IRP and the digital incident review

folder to the involved employee’s chain-of-command, up to the lieutenant, for review.

214.7.3 LIEUTENANT RESPONSIBILITIES

After receiving notification and link(s) to the SharePoint IRP and digital incident review folder the

lieutenant or designee shall:

(a) Review the SharePoint IRP, MAV media and supporting documentation in the digital

incident review folder for completeness and accuracy.

(b) Complete the appropriate Lieutenant fields in the SharePoint IRP as follows:

1. Provide a critique of the vehicle pursuit in the Lieutenant Review field.

2. Provide a preliminary determination whether the vehicle pursuit appears to be in

compliance with this order or if additional review and/or follow-up are warranted.

commander(s) of all involved officers.

214.7.4 COMMANDER RESPONSIBILITIES

(a) If the initiating officer's commander determines that the pursuit falls within general

orders guidelines, they shall enter comments reflecting that determination in the

Commander Review field in the SharePoint IRP.

(b) If the initiating officer's commander determines that the pursuit violates general orders

guidelines, they shall ensure that appropriate corrective actions are taken. Notification

of the corrective action taken shall be made to their Assistant Chief.

forwarded via email to the chairperson of the Force Review Board.

214.8 DEATH OR SERIOUS BODILY INJURY DURING PURSUITS

The Vehicular Homicide Unit shall forward pursuit packet link via email to the chairperson of the

Force Review Board when the pursuit resulted in death or serious bodily injury.

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Foot Pursuits

215.1 PURPOSE AND SCOPE

Foot pursuits are inherently dangerous and require common sense, sound tactics, and heightened

officer safety awareness. This order sets forth guidelines to assist officers in making the decision

to initiate or continue the pursuit of subjects on foot.

215.1.1 POLICY

It is the policy of this department when deciding to initiate or continue a foot pursuit that officers

must continuously balance the objective of apprehending the subject with the risk and potential

for injury to department personnel, the public, or the subject.

Officers are expected to act reasonably based on the totality of the circumstances. Absent

exigent circumstances, the safety of department personnel and the public should be the primary

consideration when determining whether a foot pursuit should be initiated or continued. Officers

must be mindful that immediate apprehension of a subject is rarely more important than the safety

of the public and Department personnel.

215.2 DECISION TO PURSUE

Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes

is about to engage in, is engaging in, or has engaged in criminal activity. The decision to initiate

or continue such a foot pursuit, however, must be continuously re-evaluated in light of the

circumstances presented at the time.

Mere flight by a subject who is not suspected of criminal activity shall not serve as the sole

justification for engaging in a foot pursuit without the development of reasonable suspicion

regarding the individual's involvement in criminal activity.

Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and

under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially

place department personnel and the public at significant risk. Therefore, no officer or supervisor

shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the

perceived risk involved.

If circumstances permit, surveillance and containment are generally the safest tactics for

apprehending fleeing subjects. In deciding whether to initiate or continue a foot pursuit, an officer

should continuously consider reasonable alternatives to pursuit based upon the circumstances

and resources available, such as the following:

(a) Containment of the area.

(b) Canine search.

(d) Air support.

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(e) Apprehension at another time when the identity of the subject is known or there is

information available that would likely allow for later apprehension, and the need to

immediately apprehend the subject does not reasonably appear to outweigh the risk

of continuing the pursuit.

215.3 FOOT PURSUIT CONSIDERATIONS

An order by a supervisor to terminate a foot pursuit shall be promptly obeyed. Officers should

consider alternatives to engaging in or continuing a foot pursuit under the following conditions:

(a) When the officer is acting alone.

(b) When two or more officers become separated, lose visual contact with one another or

obstacles separate them to the degree that they cannot immediately assist each other

should a confrontation take place. In such circumstances, it is generally recommended

that a single officer keep the subject in sight from a safe distance and coordinate the

containment effort.

(d) When pursuing multiple subjects and the pursuing officers do not reasonably believe

that they would be able to control the subjects should a confrontation occur.

(e) When the physical condition of the officers renders them incapable of controlling the

subject if apprehended.

(f) When the officer loses radio contact with Communications or with backup officers.

(g) When the subject enters a building, structure, confined space, or a wooded or

otherwise isolated area and there are insufficient officers to provide backup and

containment. The primary officer should consider discontinuing the pursuit and

coordinating containment pending the arrival of sufficient officers.

(h) The officer becomes aware of unanticipated or unforeseen circumstances that

unreasonably increase the risk to officers or the public.

(i) The officer reasonably believes that the danger to the pursuing officers or to the public

outweighs the objective of immediate apprehension.

(j) The officer loses possession of their firearm or other essential equipment.

(k) The officer or a third party is injured during the pursuit, requiring immediate assistance

and there are no other emergency personnel available to render aid.

(l) The subject's location is no longer definitely known.

(m) The identity of the subject is established or other information exists that will allow for

the subject's apprehension at a later time, and it reasonably appears that there is no

immediate threat to department personnel or the public if the subject is not immediately

apprehended.

(n) The officer's ability to safely continue the pursuit is impaired by inclement weather,

darkness, or other conditions.

215.4 RESPONSIBILITIES IN FOOT PURSUITS

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215.4.1 INITIATING OFFICER RESPONSIBILITIES

Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for

coordinating the progress of the pursuit.

(a) Early communication of available information from the involved officers is essential

so that adequate resources can be coordinated and deployed to bring a foot pursuit

to a safe conclusion. Officers initiating a foot pursuit should broadcast the following

information as soon as it becomes practicable and available:

1. Unit identifier.

2. Location and direction of travel.

3. Reason for the foot pursuit.

4. Number of subjects and description.

5. Whether the subject is known or believed to be armed.

(b) Officers are reminded that radio transmissions made while running may be difficult to

understand and may need to be repeated.

broadcast this information should terminate the pursuit. If the foot pursuit is

discontinued for any reason, immediate efforts for containment should be established

and alternatives considered based upon the circumstances and available resources.

(d) When a foot pursuit terminates, the officer shall notify Communications of their location

and the status of the pursuit termination (e.g., subject in custody, lost sight of subject),

and shall direct further actions as reasonably appear necessary.

215.4.2 ASSISTING OFFICER RESPONSIBILITIES

Whenever any officer announces that they are engaged in a foot pursuit, all other officers should

minimize non-essential radio traffic to permit the involved officers maximum access to the radio

frequency.

Officers in a position to intercept a fleeing subject, or who can assist the primary officer with

the containment or apprehension of the subject, shall act reasonably and in accordance with

Department General orders based upon available information and their own observations.

215.4.3 CONTROL SUPERVISOR RESPONSIBILITY

It is the policy of this department that supervisor control shall be exercised over all foot pursuits

involving officers from this department.

(a) The immediate supervisor of the officer initiating the foot pursuit, or if unavailable,

the nearest available field supervisor shall assume the responsibility as the control

supervisor.

(b) Corporals serving as acting sergeants shall assume the responsibility as the control

supervisor during a foot pursuit initiated in their area if no other sergeant is on-duty

or immediately available in that area; however, corporals may not be the control

supervisor when a sergeant initiates a foot pursuit.

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1. Upon becoming aware of a foot pursuit, immediately ascertaining all reasonably

available information to continuously assess the situation and risk factors

associated with the foot pursuit in order to ensure that the foot pursuit is

conducted within established department guidelines.

2. Proceed to the area of the foot pursuit and provide on scene supervision.

3. Exercise management and control of the foot pursuit even if not on scene.

4. Ensure that a perimeter is established by responding officers to ensure

containment of the suspect.

5. Direct that the foot pursuit be terminated if, in their judgment, it is unjustified to

continue the foot pursuit under the guidelines of this order.

6. Ensure that aircraft and K-9 assistance is requested.

7. Prepare a post foot pursuit critique and analysis of the foot pursuit for training

purposes.

215.4.4 WATCH LIEUTENANT RESPONSIBILITIES

Upon becoming aware that a foot pursuit has been initiated, the Watch Lieutenant should monitor

and continually assess the situation.

215.4.5 COMMUNICATIONS RESPONSIBILITIES

Upon notification that a foot pursuit has been initiated, Communications shall:

(a) Assign an incident number and log all foot pursuit activities.

(b) Coordinate communications of the involved units and personnel.

(d) Broadcast updates and other pertinent information, as necessary.

(e) Ensure that the Communications supervisor and appropriate lieutenant are notified of

the foot pursuit.

1. If the lieutenant over the area where the foot pursuit initiated is unavailable or

does not respond in a timely manner, the nearest available lieutenant shall be

contacted.

(f) Notify the Watch Lieutenant as soon as practicable.

(g) Dispatchers shall keep other areas of the city advised if the foot pursuit is likely to

enter or cross into multiple areas.

(h) Upon verbal confirmation that a foot pursuit has been terminated, Communications

shall again broadcast the foot pursuit has been terminated.

215.5 REPORTING

(a) The initiating officer shall complete an incident report documenting, at minimum, the

following:

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1. The reason for initiating the foot pursuit.

2. The identity of involved personnel.

3. The course and approximate distance of the pursuit.

4. Whether a subject was apprehended as well as the means and methods used.

5. Any injuries or property damage.

(b) Any response to resistance shall be reported and documented in compliance with the

Department Response to Resistance Order.

complete supplemental reports as necessary or as directed.

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Chapter 3 - Field Operations and Custody

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Patrol Function

300.1 PURPOSE AND SCOPE

The purpose of this order is to define the functions of the patrol unit of the Department to ensure

intra-department cooperation and information sharing.

300.1.1 FUNCTION

Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of

Austin, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws

and respond to emergencies 24 hours per day seven days per week.

Patrol will generally provide the following services within the limits of available resources:

(a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions,

the maintenance of public order and the discovery of hazardous situations or

conditions.

(b) Crime prevention activities such as residential inspections, business inspections and

community presentations.

(d) Investigation of both criminal and non-criminal acts.

(e) The apprehension of criminal offenders.

(f) Community oriented policing and problem solving activities such as citizen assists and

individual citizen contacts of a positive nature.

(g) The sharing of information between the Patrol and other bureau within the Department,

as well as other outside governmental agencies.

(h) The application of resources to specific problems or situations within the community,

which may be improved or resolved by community oriented policing and problem

solving strategies.

(i) Traffic direction and control.

300.1.2 TERRORISM

It is the goal of the Austin Police Department to make every reasonable effort to accurately and

appropriately gather and report any information that may relate to either foreign or domestic

terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be

terrorism related and should document such incidents with a written report or Field Interview (FI).

The supervisor should ensure that all terrorism-related reports and FIs are forwarded to Strategic

Intelligence Unit in a timely fashion.

300.2 PATROL INFORMATION SHARING PROCEDURES

The following guidelines are intended to develop and maintain intra-department cooperation and

information flow between the various bureaus of the Austin Police Department.

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300.2.1 CRIME ANALYSIS UNIT

The Crime Analysis Unit (CAU) will be the central unit for information exchange. Criminal

information and intelligence reports can be submitted to the Central Records for distribution to all

bureaus within the Department through daily and special bulletins.

300.2.2 CRIME REPORTS

A crime report may be completed by any patrol officer who receives criminal information. The

report will be processed and forwarded to the appropriate bureau for retention or follow-up

investigation.

300.2.3 PATROL BRIEFINGS

Patrol supervisors, detective sergeants and special unit sergeants are encouraged to share

information as much as possible. All supervisors and/or officers will be provided an opportunity to

share information at the daily patrol briefings as time permits.

300.2.4 INFORMATION CLIPBOARDS

Several information clipboards will be maintained in the briefing room and will be available for

review by officers from all bureaus within the Department. These will include, but not be limited

to, the patrol check clipboard, the wanted persons clipboard and the written directive clipboard.

300.2.5 BULLETIN BOARDS

A bulletin board will be kept in the briefing room and the Investigation Unit for display of suspect

information, intelligence reports and photographs. New Special Orders will be made available for

patrol supervisors and will be at briefings and shift meetings. A copy of the Special Order will be

placed on the briefing room clipboard.

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300.3 CROWDS, EVENTS AND GATHERINGS

Officers may encounter gatherings of people, including but not limited to, civil demonstrations,

civic, social and business events, public displays, parades and sporting events. Officers should

monitor such events as time permits in an effort to keep the peace and protect the safety and rights

of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable

that such an event may require increased monitoring, contact or intervention.

Officers responding to an event or gathering that warrants law enforcement involvement should

carefully balance the speech and association rights of those present with applicable public safety

concerns before taking enforcement action. Officers are encouraged to contact organizers or

responsible persons to seek voluntary compliance that may address relevant public safety/order

concerns.

Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code

§ 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or

egress of a facility or location and when voluntary compliance with the law is not achieved.

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300.3.1 USE OF LONG RANGE ACOUSTIC DEVICE (LRAD)

The LRAD shall not be used as a sonic weapon or a method of pain compliance. The LRAD shall

only be used as a public announcement system to broadcast audible notifications and warnings

over distance. The LRAD will be used only at decibel levels and frequencies that are safe for the

intended purpose and that are not reasonably likely or intended to cause injury.

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Responsibility to the Community

301.1 PURPOSE AND SCOPE

All persons deserve protection by fair and impartial law enforcement and should be able to expect

similar police response to their behavior wherever it occurs. Employees will serve the public

through direction, counseling, assistance, and protection of life and property. Employees will be

held accountable for the manner in which they exercise the authority of their office or position.

Employees will respect the rights of individuals and perform their services with honesty, sincerity,

courage, and sound judgment.

301.2 IMPARTIAL ATTITUDE AND COURTESY

Employees shall provide equal and fair protection of all rights under local, state, and federal law for

all members of the community. Law enforcement will be conducted in an impartial and equitable

manner.

In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees

shall act professionally, treat all persons fairly and equally, and strive to interact with the community

in a positive manner. Employees will perform all duties objectively and without regard to personal

feelings, animosities, friendships, financial status, occupation or employment status, sex, disability

status, housing status, mental health or ability, citizenship, language, national origin, creed,

color, race, religion, age, political beliefs, sexual orientation, gender identity, gender expression,

ethnicity, or social or ethnic background. Employees will endeavor to understand and respect

cultural, national, racial, religious, physical, mental, and other differences.

(a) Employees will not express or otherwise manifest any prejudice concerning any of the

categories or characteristics listed in this section in a context or manner that would

cause a reasonable person to question the employee’s fairness or impartiality related

to the performance of their duties.

1. Employees will respect the rights of individuals and will not engage in

discrimination, oppression, or favoritism whether by language, act, or omission.

2. The use of remarks, slurs, epithets, words or gestures, which are derogatory

or inflammatory in nature to or about any person or group of persons is strictly

prohibited.

(b) Employees will be tactful in the performance of their duties, control their tempers,

exercise patience and discretion, and shall not engage in argumentative discussions

even in the face of extreme provocation.

persons, showing consideration for the welfare of all persons with whom they interact.

(d) Employees will not ridicule, mock, taunt, embarrass, humiliate, belittle, or shame any

person, nor do anything that might incite that person to violence.

(e) Employees will not use indecent or profane language or gestures while interacting

with, or in the vicinity of, members of the community. Officers are expected to use

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professional language at all times, however, there may be intense circumstances

in which the use of profanity is an excited utterance and not intended to demean

or humiliate. These circumstances will be reviewed on a case by case basis.

Examples may include, but are not limited to, an officer being injured, assaulted, or

is experiencing pain.

(f) Officers shall not encourage, condone, or ignore any of the behaviors described in

subsections (a)-(e).

301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS

APD constantly works to establish direct contacts with the community we serve. Without

grassroots community support, successful enforcement of many laws may be difficult, if not

impossible. Community involvement can be an effective means of eliciting public support, can

serve to identify problems in the making, and may foster cooperative efforts in resolving community

issues. Input from the community can also help ensure that agency general orders accurately

reflect the needs of the community.

(a) The conduct of each employee reflects on the agency as a whole and the burden

of achieving the agency's community relations objectives is shared. A unified,

coordinated effort requires the participation, enthusiasm, and skills of all agency

personnel.

(b) Employees will extend reasonable assistance to the public when called upon.

Employees must not neglect community services in the belief that the police function

is restricted to crime control.

301.3.1 COMMUNITY INVOLVEMENT AND RECRUITMENT PROGRAMS

(a) Police-Community cooperation can be obtained through open channels of

communications, thus allowing for the discussion of concerns and problem areas

within the community. All avenues must be utilized in promoting the respect and

cooperating of the public with the police including, but not limited to:

1. Establishing liaisons with existing community organizations or establishing

community groups where they are needed.

2. Assisting in the development of community involvement general orders for the

agency.

3. Publicizing agency objectives, community problems, and successes.

4. Conveying information transmitted from citizens' organizations to the agency.

5. Improving agency practices bearing on police community interaction.

6. Developing problem oriented or community policing strategies.

(b) Employees should actively conduct or participate in APD's recruitment program.

Employees should encourage all qualified individuals to seek a career with the

Department and direct them to contact APD's Recruiting or HR Division.

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Public Recording of Official Acts

302.1 PURPOSE AND SCOPE

The Austin Police Department recognizes that members of the general public have a First

Amendment right to video record. photograph, and/or audio record APD officers while they are

conducting official business or while acting in an official capacity in any public space, unless such

recordings interfere with police activity.

302.2 INTERACTION WITH COMMUNITY

(a) Officers are reminded that photography, including videotaping, of places, buildings,

structures and events are common and normally lawful activities.

1. If a person is taking photographs or recording from a place where they have a

right to be, officers are reminded that this activity by itself does not constitute

suspicious conduct.

(b) In areas open to the public, officers shall allow bystanders the same access for

photography as is given to members of the news. Officers shall be aware that:

1. A bystander has the same right to take photographs or make recordings as a

member of the media, as long as the bystander has a legal right to be present

where they are located.

2. A bystander has the right under the First Amendment to observe and record

officers in the public discharge of their duties.

3. Public settings include parks, sidewalks, streets, and locations of public protests;

but that protection extends also to an individual's home or business, common

areas of public and private facilities and buildings, and any other public or private

facility at which the individual has a legal right to be present.

4. The fact that a bystander has a camera or other recording device does not,

however, entitle the bystander to cross a police line, to enter an area that is

closed to the public, or to enter any area designated as a crime scene.

individual has a legal right to be present and does not interfere with an officer's safety

or lawful duties, officer's shall not inform or instruct people that photographing or

recording of police officers, police activity or individuals who are the subject of police

action (such as a Terry stop or an arrest) is not allowed; requires a permit; or requires

the officer's consent. Additionally, officers shall not:

1. Order that person to cease such activity;

2. Demand that person's identification;

3. Demand that the person state a reason why they are taking photographs or

recording;

4. Detain that person;

5. Intentionally block or obstruct cameras or recording devices; or

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6. In any way threaten, intimidate or otherwise discourage an individual from

recording officer's enforcement activities.

(d) Nothing in this order prohibits officers from questioning or detaining individuals they

reasonably suspect have committed, are committing, or are about to commit any

crime.

(e) Officers are reminded that a person commits an offense if the person with criminal

negligence interrupts, disrupts, impedes, or otherwise interferes with a peace officer

while the peace officer is performing a duty or exercising authority imposed or granted

by law.

1. If a person is photographing or recording police activity from a position that

impedes or interferes with the safety of officers or their ability to perform their

duties, an officer may direct the person to move to a position that will not

interfere. However, an officer shall not order the person to stop photographing

or recording.

2. If a person is photographing or recording police activity from a position that

impedes or threatens the safety of members of the public, the officer shall direct

the person to move to a safe position. However, officers shall not order the

person to stop photographing or recording.

3. A person's recording of officer's activity from a safe distance, and absent any

attendant action that obstructs the activity or threatens the safety of the officers,

does not constitute interference.

4. A person has the right to express criticism of the police activity being observed.

As long as that expression does not jeopardize the safety of any officer, suspect

or bystander; and so long as that expression does not violate the law or incite

others to violate the law, the expression does not constitute interference.

(f) Evidence on a Camera or Recording Device

1. If an officer has probable cause to believe that a camera or other recording

device contains images or sounds that are evidence of criminal acts, the officer

shall request that the person either:

(a) allow the officer to listen to or view the recording

(b) Voluntarily provide the device or recording medium (e.g., the memory chip)

to the officer; or

voluntarily transmit the images or sound via electronic mail to the officer's

official government electronic mail account.

(d) Consent to view or take possession of a recording device or medium

must be given voluntarily and in accordance with APDGeneral Order 306.4

Consent to Search.

2. If the person provides the device or recording medium to the officer, the officer

shall:

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(a) Exercise due care and caution with any of the individual's property or

electronic device(s);

(b) Enter the item into evidence

narrative of the report

(d) Contact the on-call Detective responsible for the highest charge and notify

them of the media evidence. Officers shall not attempt to view, download,

or otherwise access any material contained on the device.

3. If the individual declines to voluntarily provide the device or recording medium,

or to electronically transmit the sound and/or images where possible and

practicable, and the officer believes that exigent circumstances exist insofar as

the evidence of criminal activity will be lost absent an immediate seizure of the

device, the officer shall take control of the device and contact a supervisor

(a) The Supervisor shall, in consultation with the officer, determine whether

exigent circumstances permit the seizure of the device without a warrant.

Warrantless seizure is permissible only when:

1. There is probable cause to believe that the property holds

contraband or evidence of a crime; and

2. The exigencies of the circumstances demand it or some other

recognized exception to the warrant requirement is present.

(g) Viewing/Listening to Evidence on a Camera or Recording Device

1. Absent exigent circumstances, officers shall obtain a search warrant before

viewing photographs or listening to recordings on a camera or memory chip that

has been seized as evidence.

2. In exigent circumstances, where there is reason to believe that an immediate

search of the seized material is necessary to prevent death or injury, officers

shall contact a supervisor for authorization to review photographs or recordings

without a warrant.

3. Photographs or recordings that have been seized as evidence and are not

directly related to the exigent purpose shall not be reviewed.

(h) Officers shall not, under any circumstances, erase, delete, instruct, or require any

other person to erase or delete any recorded images or sounds from any camera or

other recording.

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Body Worn Camera Systems

303.1 PURPOSE AND SCOPE

In this order, the word “employees”, or variant of, refers to sworn and civilian employees trained

and authorized to wear the Body Worn Camera system (BWC). The BWC system provides an

unbiased audio/video recording of events that employees encounter. These recordings can be

useful for the documentation of evidence, the preparation of offense reports, and future court

testimony. BWC systems can improve community relations and deter inappropriate conduct by

both the members of the public and the police department.

This order covers the use of the Department issued and personally owned BWC systems. This

order does not cover the use of surreptitious recording devices used in undercover operations.

303.2 DEFINITIONS

MAV Recording: Mobile Audio Video media obtained from Body Worn Camera and/or Digital

Mobile Audio Video systems.

Metadata: Data that provides detailed information unique to each entry in Evidence.com, such

as, ID, Category, and Title.

303.3 DEPARTMENT ISSUED BODY WORN CAMERA

BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by

the Department and must be used unless otherwise authorized by a Commander or above.

(a) The Chief of Police, Assistant Chiefs, and Commanders are exempt from wearing the

BWC except when law enforcement action is foreseen or likely to occur, (e.g. working

patrol duties, actively participating in a tactical operation or deployment).

(b) Employees assigned to a federal task force will adhere to the latest Department of

Justice policies and the respective Memorandums of Understanding and Standard

Operating Procedures established between the Department and sponsoring federal

agency regarding the use of BWC equipment when conducting task force-specific

investigations.

operation of the equipment prior to its use. BWC equipment will be used in accordance

with Department training and the BWC operations manual.

(d) Unless otherwise authorized by the Chief of Police or their designee, BWC’s will be

worn consistent with the training and manufacturer’s recommendations, in regards to

fields of view and employee safety. Employees will adhere to the following dimensions

for placement of the BWC:

1. From the center of the sternum, no more than four inches to the right or left on

the outermost layer of clothing such that the camera has an unobstructed view.

2. No higher than four inches below the top button of the uniform shirt and no lower

than six inches below the top button of the uniform shirt.

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3. Exemptions to the placement of the BWC in accordance with this order will be

authorized by a Commander or above. Examples for exemptions may include,

but are not limited to, SWAT, OCD, Executive Protection, and Mounted Patrol.

(e) Employees shall ensure that their BWC equipment has adequate battery charge and

storage space to complete their regular tour of duty.

1. Employees assigned to the units below are required to power on the device at

the beginning of their tour of duty and not power the device off until the end of

that tour of duty.

(a) Patrol,

(b) DTAC Patrol,

(d) Mounted Patrol,

(e) Court Services,

(f) Park Patrol,

(g) Lake Patrol,

(h) Commercial Vehicles,

(i) DWI,

(j) Motors,

(k) Metro Tac,

(l) Patrol K9.

2. Employees not assigned to the units above are not considered to be “first

responders” and are therefore not required to power on their assigned Body

Worn Camera at the beginning of their tour of duty. However, if at any time their

duties and responsibilities require any type of field work where they could be

called upon to take enforcement action, their device will be properly attached

and powered on for the entirety of the time they are in that role.

3. Employees not engaged in a law enforcement action shall power the device

off or remove it from their body when using a restroom, locker room, changing

room, or any other location where the employee has an expectation of privacy.

Immediately upon exiting such a facility or room, the employee shall ensure the

BWC equipment is powered back on and appropriately placed according to this

order.

(f) Employees shall test the BWC equipment at the commencement of their tour of duty

and shall categorize the video as '10-41’.

(g) The BWC equipment test shall consist of employees recording the following:

1. Employee name;

2. Employee number; and

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3. The current date and time.

(h) Employees shall review the recording to verify the BWC microphone is operational,

and the date and time is accurate.

(i) Employees who discover an operational defect with the BWC system shall attempt to

correct the system following the received training on the device (i.e., Reseating cables,

Cycling the power, etc.). If the BWC is found to have a physical defect or malfunction:

1. Employees shall notify an on-duty supervisor, and write up the device for service

describing the events leading up to the failure.

2. Employees shall notify their dispatcher to have a note added to their activity log

that their BWC system has failed.

3. Employees shall notate on the device repair form if there is existing video which

was unable to be uploaded because of the device’s failure.

4. Employees shall complete a supplement to any report in which there is video on

the defective camera that was unable to be uploaded to Evidence.com.

(j) Employees shall not:

1. Bypass or attempt to override the equipment;

2. Erase, alter, or delete any recording produced by the BWC; or

3. Use any non-issued chargers, adapters, or cables with the BWC system.

303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED

This section is not intended to describe every possible situation where the system may be used. In

some circumstances it may not be possible to capture images of an incident due to conditions or

location of the camera, however the audio portion can be valuable evidence and is subject to the

same activation requirements. The BWC should only be activated for law enforcement purposes.

(a) All units responding to a scene shall activate their department issued BWC equipment

when they:

1. Arrive on-scene to any call for service;

2. Have detained or arrested a person;

3. Are attempting to detain or arrest a person;

4. By the nature of the call for service, are likely to detain or arrest a person; or

5. Any consensual contact in which the employee or a citizen believes activation

of the BWC would be in the best interest of the community.

(b) Examples of when the department issued BWC system must be activated include, but

are not limited to:

1. Traffic stops;

2. Foot pursuits, until completion of enforcement action;

3. DWI investigations including field sobriety tests;

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4. Warrant service, including the execution of a search warrant for a vehicle or

physical structure (this includes the entire duration of the search);

5. Investigatory stops; or

6. Any contact that becomes adversarial in an incident that would not otherwise

require recording.

7. While interviewing an employee during a Response to Resistance review.

LERE Overtime.

(d) In addition to the required situations, employees may activate the system anytime they

believe its use would be appropriate and/or valuable to document an incident.

(e) There may be instances in which an employee is required to take immediate action

in response to an event which may not allow time to activate their BWC. In those

situations, it may be impractical or unreasonable for employees to activate their BWC

system before taking police action. It is expected that once the immediacy of the

situation is over, employees will activate their BWC system to record the remainder

of the incident. Employees shall articulate the reasoning for the delayed activation of

their BWC in an offense report, supplement, or other form of Department approved

documentation.

303.3.2 ADVISEMENT AND CONSENT

Employees should inform individuals they are being recorded unless doing so would be

unsafe, impractical or impact the investigation of criminal activity.

303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS AUTHORIZED

Once the BWC system is activated it shall remain on until the incident has concluded or until

deactivation is permissible in accordance with this order.

(a) For purposes of this section, conclusion of an incident has occurred when:

1. All arrests have been made and arrestees have been transported; and

2. No further law enforcement action is likely to occur (e.g., waiting for a tow truck

or a family member to arrive.)

(b) Employees may choose to discontinue a recording currently in progress for any non-

confrontational encounter with a person, including an interview of a witness or victim.

Corrections entity that prohibit the use of BWC systems therein (i.e. TCSO, Courts,

Juvenile Detention Centers).

(d) Employees may deactivate the audio portion by engaging the mute button on the body

worn camera, for administrative reasons only, as follows:

1. The reason for audio deactivation must be recorded verbally prior to audio

deactivation; and

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2. After the purpose of audio deactivation has concluded, employees will reactivate

the audio track.

(e) For purposes of this section, an “administrative reason” refers to:

1. Personal conversations unrelated to the incident being recorded;

2. Employee to employee training (e.g., when a Field Training Employee or Field

Training Supervisor wishes to speak to an employee enrolled in the Field

Training Program about a training issue);

3. Any reason authorized by a supervisor. The identity of the supervisor granting

the authorization shall be stated prior to the audio deactivation.

303.3.4 VICTIM AND WITNESS STATEMENTS

When conducting an investigation, the employee shall attempt to record the crime victim or

witness’ statement with the body worn camera. The recording may be valuable evidence that

contributes to or compliments an investigation. While evidence collection is important, the

Department also recognizes it is important for employees to maintain credibility with people

wanting to share information with law enforcement.

On occasion, an employee may encounter a reluctant crime victim or witness who does not wish

to make a statement on camera. In these situations, the employee should continue to develop

rapport with the individual while balancing the need for evidence collection with the individual’s

request for privacy.

Should the employee use discretion and not record the crime victim or witness statement with the

body worn camera, the employee shall document the reason for not fully recording the statement

with the body worn camera. In these instances, employees may still record with an audio recorder.

Employees should work with victim services when possible in determining what type of statement

will be taken.

(a) If a citizen, other than a victim or witness as described in this section requests that

an employee turn off the BWC, the employee will explain that APD General Orders

requires the camera to be activated and recording until the conclusion of the incident

or until there is no further law enforcement action necessary.

303.3.5 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS NOT REQUIRED

Activation of the BWC system is not required:

(a) During break and lunch periods

(b) When not in service and not on a call

(d) Employees shall not utilize the body worn camera in the following circumstances:

1. A potential witness who requests to speak to an employee confidentially or

desires anonymity;

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2. A victim or witness who requests that they not be recorded as a condition of

cooperation and the interests of justice require such cooperation;

3. During tactical briefings, or the discussion of safety and security procedures

unless approved by the commander;

4. Public or private locker rooms, changing rooms, restrooms, unless taking police

action;

5. Doctor’s or lawyer’s offices, unless taking police action;

6. Medical or hospital facilities, unless taking police action;

7. At a school, where minor children are present, unless taking police action;

8. To monitor persons based solely upon the person’s political or religious beliefs

or upon the exercise of the person’s constitutional rights to freedom of speech

and religious expression, petition, and assembly under the United States

Constitution, or because of the content or viewpoint of the person’s protected

speech;

9. While in any magistrate’s or judge’s office or in any courtroom, except under

exigent circumstances; i.e. police action being taken;

10. During departmental or supervisory meetings.

303.4 REQUIRED ENTRY OF METADATA FOR BWC RECORDINGS

All BWC recordings shall be assigned a category. Doing so determines the length of time the

recording is retained in the Evidence.com storage system.

(a) Employees shall ensure that all BWC recordings are uploaded from the camera to the

storage system prior to the completion of their scheduled tour of duty unless approved

by a supervisor.

(b) Employees shall ensure that within two weeks from the recording date all videos are

assigned the proper category and the ID field contains the 9-digit incident number

(YYJJJ####), if applicable.

to their video as the primary employee (e.g. arresting officer or employee writing initial

report).

(d) Unless involved in a response to resistance, an arrest or directed by a supervisor,

employees utilizing a BWC during LERE overtime are permitted to download and

categorize their recordings during their next regularly scheduled work day.

(e) For purposes of this section, a "Non-Event" video generally refers to a recording that

meets all of the following criteria:

1. Video where no investigatory stop is made;

2. Video that does not include any call for service;

3. Video where no person has been detained or arrested; and

4. Video where no enforcement action is documented.

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(f) Detectives are responsible for verifying the category assigned to recordings for

assigned incidents within 30 days of the recording. Detectives are also responsible for

updating the category for recordings when necessary to ensure proper retention.

303.4.1 SUPERVISOR RESPONSIBILITIES

(a) In conjunction with personnel inspections, General Order 801.8, supervisors of units

listed in 303.3(d) of this order shall conduct inspections of BWC recordings to ensure

they are complying with APD General Orders. Supervisors shall ensure all assigned

employees are reviewed in a fair and equitable manner. Additionally, supervisors shall

ensure employees:

1. Act professionally, treating persons fairly and impartially;

2. Demonstrate the appropriate knowledge, skills, and abilities to manage the

interaction; and

3. Comply with laws, ordinances, and APD written directives.

(b) These inspections will be electronically documented on form PD0128 and sent to the

lieutenant within the chain-of-command. Each inspection will include:

1. One randomly selected recording to ensure compliance with “10-41” video

check;

2. Two randomly selected recordings to ensure compliance with the “eventful

video” compliance check; and

3. Two randomly selected recordings from employee-initiated calls to ensure

compliance with the Racial or Bias-Based Profiling general order.

have categorized all videos in accordance with APD General Order 303.4.

(d) Supervisors shall ensure all employees assigned to them are allotted time during

their regularly scheduled work week to properly categorize all BWC recordings in

Evidence.com.

(e) Investigative unit supervisors shall ensure their assigned Detectives have properly

categorized all videos in accordance with APD General Order 303.4.

303.4.2 COPIES OF BWC SYSTEM RECORDINGS

BWC media recordings shall be used for official APD business only. This may include public

information requests after the recording has been reviewed by the Department Legal Advisor

and approved for release by the Department. Copies of BWC System Recordings will not be

provided unless the person requesting the copy is authorized to view the recording and does

not otherwise have access to view the recording using the BWC system. Personnel assigned to

Special Investigations and Internal Affairs are authorized to create copies of BWC recordings as

needed per their investigative process. When a copy is made, it is the responsibility of the person

receiving the copy to comply with records retention as outlined in General Orders.

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303.4.3 BWC RECORDING RETENTION SCHEDULE

Videos shall be retained for the longest period of time consistent with the City of Austin's Records

Management Ordinance, Chapter 2-11, and any applicable City Records Control Schedules and/

or the State Local Government Retention Schedules. At a minimum all BWC recordings shall be

retained for 181 days.

303.4.4 STORAGE AND SECURITY OF BWC SYSTEM RECORDINGS

Employees will upload the media and data contained on their BWC into the Department's official

system of record for the storage of BWC information utilizing the approved upload procedures

(wireless, docking station, etc.).

(a) The Department’s official system of record for BWC media and data will be stored

utilizing a secure storage server and backed up for redundancy purposes.

(b) The Department’s official system of record will store all BWC media and data utilizing

nationally recognized and approved security methods and will be in compliance with

State of Texas Occupations Code 1701.655(b)(3).

ensure the security of all BWC media and data stored in the Department’s system of

record. This contract will include, but will not be limited to:

1. A service level agreement (SLA);

2. Data protection;

3. Data ownership;

4. Data location;

5. Import and export of data;

6. Right to audit;

7. Security, to include compliance with Chapter 521 of the Texas and Business

Commerce Code;

8. Security incident or data breach notification;

9. Change control and advance notice; and

10. Notification of legal requests.

303.4.5 REQUESTS FOR BWC RECORDINGS

The Department shall comply with all applicable laws pertaining to the release of BWC recordings.

News or other media outlet requests for video will be processed through the Public Information

Office (PIO). All other open records requests will be processed through the department coordinator

in Central Records.

303.5 PERSONALLY OWNED BWC SYSTEMS

Personally owned BWC’s are not permitted for use by employees.

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303.6 REVIEW OF ALL BWC SYSTEM RECORDINGS

(a) If available, the recording that best captured the incident should be reviewed by

the involved officers in the following situations prior to writing a report, supplement,

memorandum, or prior to making a required statement:

1. Critical incidents, as defined by General Order 902.1.2;

2. Response to resistance incidents; and

3. Foot and vehicle pursuits.

(b) Recordings may be reviewed:

1. By an employee to make sure the BWC system is operational;

2. By an employee to assist with the writing of a report, supplement, memorandum,

or prior to making a required statement about the incident;

3. By authorized persons for the purpose of reviewing evidence;

4. Upon approval by the Chief of Police, by a person, or the person’s authorized

representative, who is depicted in a recording of an incident that involves the use

of deadly force by a peace officer or that is otherwise related to an administrative

or criminal investigation of an officer, but who is not a witness to the incident

(Tex. Occ. Code § 1701.660);

5. By a supervisor investigating a specific act of employee conduct; or

6. By authorized Department personnel participating in an official investigation,

such as a personnel complaint, administrative inquiry, or a criminal investigation.

another employee’s video for training purposes will submit a request via email through

their chain-of-command, up to their lieutenant, for approval. The receiving lieutenant

will review the video to ensure a training purpose exists and that the video is

appropriate for viewing. If the lieutenant questions whether the video should be viewed

for training, the lieutenant will contact the involved employee’s lieutenant for approval.

If the two lieutenants disagree, the involved employee’s commander shall make the

final determination. Factors for determining whether a video is appropriate for viewing

for training include:

1. The likelihood of an internal/external investigation;

2. Whether the video portrays actions that are likely to be embarrassing for any

involved employee, and whether the embarrassment suffered by the employee

would be outweighed by the training benefits; and

3. Whether permitting uninvolved officers to view the video for training purposes

may have a negative impact on any future or current prosecution or civil

proceeding (lawsuit).

(d) In no event shall any recording be used or shown to ridicule or embarrass any

employee.

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(e) Employees shall not obtain, attempt to obtain, or convert for their personal use or for

the unauthorized use of another person, any information from Department video files

or the confidential files of any other agency.

(f) Employees shall not make personal copies or attempt to upload recordings to social

networking sites (e.g., YouTube, Facebook).

303.7 REVIEW OF BODY WORN CAMERA ORDER

This order will be reviewed for continuous effectiveness and adherence to local, state, and federal

laws by the Department.

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Digital Mobile Audio Video Recording

304.1 PURPOSE AND SCOPE

The Austin Police Department has equipped designated police units with a Digital Mobile Audio

Video Recording (DMAV) system. This DMAV system is designed to assist and complement

employees in the performance of their duties. The DMAV is used to record certain activities by

providing a visual and/or audio record. Recordings are intended to provide an unbiased record of

the incident and to supplement the employee's report.

This order covers the use of the DMAV system. The VHS MAV system guidelines are outlined in

General Order 303 (Body Worn Camera Systems).

304.2 DEFINITIONS

MAV Recording: Mobile Audio Video media obtained from Body Worn Camera and/or Digital

Mobile Audio Video systems.

304.3 DIGITAL MOBILE AUDIO VIDEO RECORDER OPERATION

(a) The DMAV system is designed to turn on automatically when any of the following are

detected:

1. Emergency lights.

2. Siren.

3. Driver's door opening.

4. Crash sensor.

5. Speed in excess of 90 MPH.

6. Activation of a wireless body microphone.

7. Manual activation by pressing the record button on the camera, the mobile data

computer, or the Video Processing Unit.

(b) Employees shall turn off the vehicle's AM/FM radio and/or personal music

devices while the DMAV is recording and there is a subject sitting in the backseat of

the unit.

1. Bypass or override the automatic activation of the equipment.

2. Erase, alter, or delete any recording produced by the DMAV.

(d) Absent legal cause or lawful order, no member of the Department may surreptitiously

record any other member of the Department without the expressed knowledge and

consent of all parties.

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304.3.1 REQUIRED DMAV TESTING

Employees driving DMAV equipped vehicles during field duty assignments where the required

use of the DMAV is likely (e.g., patrol, metro-tactical shifts, traffic enforcement) must be trained

in the operation of the equipment prior to its use.

(a) Employees will test the vehicles DMAV equipment:

1. At the commencement of their tour of duty.

2. Anytime they switch cars during a shift.

3. When the DMAV media has been replaced for an approved reason.

(b) Employees will classify the video as '10-41'.

1. Employee name; and

2. Employee number; and

3. The current date and time.

(d) Employees will review the recording to verify the in-car and body microphone is

operational, and the date and time is accurate.

(e) Employees discovering a defect with the DMAV will remove that police unit from

service and complete a Vehicle and Equipment Repair Form. Vehicles with non-

operable DMAV systems will not be used unless an emergency situation exists and

a lieutenant approves its use. If this occurs, the unit will be removed from service as

soon as the emergency subsides.

304.3.2 WHEN DMAV USE IS REQUIRED

This order is not intended to describe every possible situation where the system may be used.

In some circumstances it is not possible to capture images of the incident due to conditions or

location of the camera however the audio portion can be valuable evidence and is subject to the

same activation requirements.

(a) All units responding to a scene shall activate their DMAV equipment when they:

1. Arrive on-scene to any call for service; or

2. Are attempting to detain or arrest a person; or

3. Have detained or arrested a person; or

4. By nature of the incident, are likely to detain or arrest a person.

(b) Examples of when the DMAV system must be activated include, but are not limited to:

1. Traffic stops.

2. Pursuits, until completion of enforcement action.

3. DWI investigations including field sobriety tests.

4. Warrant service.

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5. Investigatory stops when the subject is on foot or in a vehicle.

6. Any contact that becomes adversarial in an incident that would not otherwise

require recording. In those situations, it may be impractical or unreasonable for

officers to activate their DMAV system before taking police action. It is expected

that once the immediacy of the situation is over, officers will activate their DMAV

system to record the remainder of the incident.

7. While operating Code 2 or Code 3 (Emergency Operation).

8. While interviewing an employee during a Response to Resistance review when

the BWC recording system is unavailable.

believe its use would be appropriate and/or valuable to document an incident.

304.3.3 WHEN DMAV DEACTIVATION IS AUTHORIZED

(a) Once the DMAV system is activated it shall remain on until the incident has concluded.

1. For purposes of this section, conclusion of an incident has occurred when:

(a) All arrests have been made and arrestees have been transported; and

(b) All witnesses and victims have been interviewed.

2. Recording may cease if an employee is simply waiting for a tow truck or a family

member to arrive, or in other similar situations where no further law enforcement

action is likely to occur.

(b) Employees may deactivate the audio portion by engaging the mute button on the

wireless microphone, for administrative reasons only, as follows:

1. The reason for the audio deactivation must be recorded verbally prior to audio

deactivation; and

2. After the purpose for audio deactivation has concluded, employees will

reactivate the audio track.

1. Personal conversations unrelated to the incident being recorded.

2. Officer to Officer training (e.g., when a Field Training Officer or Field Training

Supervisor wishes to speak to an officer enrolled in the Field Training Program

about a training issue).

3. The conclusion of an incident.

4. Any reason authorized by a supervisor. The identity of the supervisor granting

the authorization shall also be stated prior to the audio deactivation.

304.3.4 WHEN DMAV USE IS NOT REQUIRED

Activation of the DMAV system is not required unless otherwise specified by this order. Examples

of when DMAV use is not required may include:

(a) During breaks and lunch periods.

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(b) When not in-service and not on a call.

304.4 REQUIRED CLASSIFICATION OF DMAV RECORDINGS

(a) Employees should ensure that all DMAV recordings are accurately classified upon

stopping the recording. All recordings, except those classified as "Non-Event," must

also include the 9-digit incident number when available using the following format:

YYJJJ#### (e.g., 100711267).

(b) Employees shall ensure that all incident recordings have the required information

assigned prior to the completion of their next scheduled tour of duty.

meets all of the following criteria:

1. Video where no investigatory stop is made;

2. Video that does not include any call for service;

3. Video where no person has been detained or arrested; and

4. Video where no enforcement action is documented.

(d) Employees who do not have the ability to add incident numbers to recordings (e.g.

Motors Officers) or who share a common case number across multiple videos (e.g.

Officers working STEP) shall ensure that reports and citations reflect the time of

recording exactly as shown in the DMAV system.

(e) Detectives are responsible for verifying the classification of recordings for assigned

incidents within 30 days of the recording. Detectives are also responsible for

reclassifying recordings when necessary to ensure proper retention.

(f) Supervisors, including corporals, are responsible for verifying the classification of

recordings made by their officers for all direct filed charges that are a 3rd degree felony

or higher.

304.5 REVIEW OF DMAV SYSTEM RECORDINGS

(a) If available, the recording that best captured the incident should be reviewed by

the involved officers in the following situations prior to writing a report, supplement,

memorandum, or prior to making a required statement:

1. Critical incidents, as defined by General Order 902.1.2;

2. Response to resistance incidents; and

3. Foot and vehicle pursuits.

(b) Recordings may be reviewed:

1. By an employee to make sure the DMAV system is operational;

2. By an employee to assist with the writing of a report, supplement, memorandum,

or prior to making a required statement about the incident;

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3. By authorized persons for the purpose of reviewing evidence;

4. By a supervisor investigating a specific act of employee conduct; or

5. By authorized Department personnel participating in an official investigation,

such as a personnel complaint, administrative inquiry, or a criminal investigation.

another employee’s video for training purposes will submit a request via email through

their chain-of-command, up to their lieutenant, for approval. The receiving lieutenant

will review the video to ensure a training purpose exists and that the video is

appropriate for viewing. If the lieutenant questions whether the video should be viewed

for training, the lieutenant will contact the involved employee’s lieutenant for approval.

If the two lieutenants disagree, the involved employee’s commander shall make the

final determination.Factors for determining whether a video is appropriate for viewing

for training include:

1. The likelihood of an internal/external investigation;

2. Whether the video portrays actions that are likely to be embarrassing for any

involved employee, and whether the embarrassment suffered by the employee

would be outweighed by the training benefits; and

3. Whether permitting uninvolved officers to view the video for training purposes

may have a negative impact on any future or current prosecution or civil

proceeding (lawsuit).

(d) In no event shall any recording be used or shown to ridicule or embarrass any

employee.

(e) Employees shall not obtain, attempt to obtain, or convert for their personal use or for

the unauthorized use of another person, any information from Department video files

or the confidential files of any other agency.

(f) Employees shall not make personal copies or attempt to upload recordings to social

networking sites (e.g., YouTube, Facebook).

304.6 COPIES OF DMAV SYSTEM RECORDINGS

Copies of a DMAV media recording will be used for official APD business only. This may include

public information requests after the recording has been reviewed by the Department Legal

Advisor. Copies of DMAV System Recordings will not normally be made unless the person

requesting the copy is authorized to view the recording and does not otherwise have access to

view the recording using the DMAV system. Personnel assigned to SIU and IA are authorized

to create copies of DMAV recordings as needed per their investigative process. When a copy is

made, it is the responsibility of the person receiving the copy to comply with records retention as

outlined in general orders.

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304.7 DMAV RECORDING RETENTION SCHEDULE

All DMAV recordings shall be retained for a period of time that is consistent with the City of

Austin's Records Management Ordinance, Chapter 2-11, and any applicable City Records Control

Schedules and/or the State Local Government Retention Schedules.

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Radio and Mobile Data Computer Use

305.1 PURPOSE AND SCOPE

Digital radio and data communications are extremely vital elements of effective law enforcement.

These communications will be conducted in a professional, concise, and effective manner.

Employees are reminded that all digital radio and data transmissions are recorded and subject

to public information requests.

305.2 MOBILE DATA COMPUTER USE GUIDELINES

(a)

The mobile data computer (MDC) shall be used for official police communications only.

(b)

There is no expectation of privacy concerning sending or receiving messages via the

MDC system. Messages may be reviewed by supervisors at any time without prior

notification.

(c)

The MDC will remain docked and the docking switch will be in the locked position when

the vehicle is in motion or if the MDC is left unattended unless otherwise approved

by a supervisor.

(d)

Employees will not intentionally disrupt the GPS signal.

(e)

Employees driving vehicles equipped with an MDC shall:

Accept all updates to the MDC prior to logging on and while at a hot-spot;

however, employees reporting to duty from a location that is not a hot-spot shall

ensure the updates are downloaded as soon as practicable.

Log on at the start of a shift with complete and accurate information.

Log off at the end of the shift.

(f)

Employees granted access to the Watch List should limit the number of additional

sectors they are watching to two (2) unless needed for an official reason (e.g.,

monitoring a significant event that could impact all sectors).

(g)

When an MDC is utilized in an area where the public might be able to view the screen,

the user will take reasonable measures to ensure any information is not viewable by

unauthorized persons (e.g., lower the screen, lock the computer).

(h) Unless Officers are utilizing dual factor authentication, Mobile Data Computers may

only be removed from the vehicle for remote operation if they are used in a secure

facility (substation, arrest review, etc).

305.2.1 MDC USE WHILE DRIVING

Use of the MDC by the operator should be limited to times when the vehicle is stopped. When

the vehicle is in motion, the operator should only attempt to read messages that are likely to

contain information that is required for immediate enforcement, investigative, or safety needs.

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Short transmissions, such as a license plate check, are permitted if it reasonably appears they

can be done safely.

305.3 RADIO USE GUIDELINES

305.3.1 COMPLIANCE

(a) Employees shall comply with FCC regulations relating to the use of radio

communications systems, as well as the established guidelines outlined below:

1. Communications involving the protection of life and property shall be afforded

priority.

2. False calls, false or fraudulent distress signals, unnecessary and unidentified

Communications and the transmission of unassigned call signals are specifically

prohibited.

3. Employees shall monitor the talk-group on which they intend to transmit for a

sufficient period to ensure their transmissions will not interfere with others.

4. Duration of radio transmissions must be restricted to the minimum practical

transmission time.

(b) Employees shall comply with the Greater Austin/Travis County, Texas, Regional

Radio System (GATRRS), Interoperability Plan when necessary, to communicate on

interoperability channels that are part of the GATRRS and is related to the use of radio

interoperability.

305.3.2 RADIO TRANSMISSION PROTOCOL

(a) Only English shall be spoken.

(b) Employees calling or responding to dispatch shall identify themselves by their

assigned unit number. They should not continue the transmission until acknowledged

by the dispatcher.

changes to another talk-group (e.g., a Central West officer switching to the North West

talk-group).

(d) Employees working a patrol assignment, intending to conduct a follow-up investigation

or any other non-exigent police action, in another Sector, shall notify the secondary

dispatch via radio of their intended destination and needed resources (if any).

(e) Employees shall not call for another employee by name unless their radio or unit

number is unknown (e.g., "Baker 101 to Sgt. Doe").

(f) Long transmissions should only be done over a secondary talk-group, as an MDC

message, or via a cell phone if available.

(g) Employees shall refrain from seeking advice from a dispatcher regarding a point of

law, enforcement action, or Department General Orders. Employees should consult

their immediate supervisor on these matters or obtain the information from their laptop

computers.

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(h) Under normal circumstances, employees will not turn off or lower their in-car police

radios to a volume that cannot be captured by the vehicle's DMAV equipment

regardless if the employee is wearing an ear-bud listening device on their portable

radio. An exception would be under circumstances when it is deemed necessary to

safeguard transmissions from a prisoner seated in the patrol car during and incident.

305.3.3 REQUESTING RECORDED TRANSMISSIONS

Employees with a legitimate need to hear or copy a radio or telephone recording may do so by

making a request to the Communication supervisor on duty.

305.4 ADDITIONAL GUIDELINES

305.4.1 DOCUMENTATION OF ACTIVITY

Radio and MDC transmissions are used to record an employee's daily activity. To ensure the most

accurate recording of these activities, the following are required:

(a) All contacts or activity shall be documented at the time of the contact.

(b) Whenever the activity or contact is initiated by voice, it shall be entered into the

Computer Aided Dispatch (CAD) system by a dispatcher.

it on the MDC.

305.4.2 STATUS CHANGES

(a) Employees shall make changes in status (e.g., arrival at scene, meal periods, in-

service) through the MDC system when safe and practicable.

1. If MDC use is not safe or practical, employees shall advise the dispatcher of

status changes using proper radio codes.

2. Employees responding to in-progress calls shall advise changes in status over

the radio to assist other employees responding to the same incident.

(b) An employee's status shall be made Code 4 when it is determined that no other units

are needed. Any additional units still responding to the incident shall change their

status to available.

305.4.3 HIGH PRIORITY INCIDENTS

Transmissions regarding emergencies (e.g., high-speed pursuits, serious crimes in progress) shall

be given priority over all other transmissions. Units not involved in the emergency shall stay off

the air until the situation has been resolved.

Units coming in-service during an emergency shall change their status on the MDC. If unable to

do so, the unit will switch to an adjoining sector talk-group, advise that dispatcher they are in-

service and then switch back to their primary talk-group.

305.4.4 EMERGENCY BUTTON ACTIVATION

If the emergency button is depressed on the MDC or Radio, the dispatcher will call the unit and

ask if the unit is Code 4.

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(a) If there is no emergency the employee should respond "Code 4" and all units shall

resume their normal activity.

(b) If there is no response or the employee answers in some other way, the dispatcher

shall send available units to assist in locating the unit that is transmitting the

emergency. Available units may self-assign the call via the MDC and respond as

appropriate.

1. Units shall refrain from transmitting on the radio until there is a Code 4, unless

they are themselves handling an emergency.

2. When the situation is considered Code 4, all units not on-scene shall go back

in service.

305.4.5 BOMB THREATS

Bombs and other explosive devices can be detonated by radio waves (e.g., mobile phones, radio,

MDC) transmitted in close proximity to the device.

(a) When responding to bomb threats, employees should be conscious of the location of

any suspected devices (e.g., parking lot, inside a building, open field) and park their

patrol unit accordingly.

(b) When investigating reports of a bomb threat, employees shall follow General Order

414 (Bomb Threat and Explosive Device Response).

305.4.6 CLOSING THE CHANNEL

Closing a radio channel ("holding the air") is done for the safety of officers involved in a call or

event that requires the radio remain silent. Events that require a channel be closed will follow

these guidelines:

(a) Any supervisor (including a dispatch supervisor) may close a channel to ensure officer

safety. If the dispatcher does not apply the channel marker, units involved in the event

may request that it be applied.

(b) The dispatcher will broadcast the channel is closed and should enable the channel

marker on that channel so that a low audible "beep" will occur every 8-10 seconds. The

"beep" is a clear indication that the channel is closed to all non-emergency radio traffic.

will remove the channel marker.

305.5 RESPONSIBILITY OF SUPERVISORS

Supervisors shall:

(a) Be responsible for entering complete and accurate roster information into the current

electronic system, including capability codes for all qualified personnel.

(b) Use the MDC to monitor incidents and the activity of employees when practicable.

Supervisors may monitor additional talk-groups; however, supervisors shall remain

available to their primary talk-group. Supervisors are responsible for the radio conduct

of their subordinates and should immediately correct improper radio procedures.

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(d) Self-assign calls when practical and other units are not available.

(e) Respond to any scene when requested to the location by a subordinate.

(f) Inform and update the Watch Lieutenant of any significant call or critical issue.

305.6 MOBILE DATA INSPECTION

APD Risk Management will select random CAD audit dates and notify lieutenants and sergeants/

civilian supervisors via Departmental email quarterly. Any supervisor of sworn or non-sworn

employees (to include Communications, Victim Services, and Crime Scene units) who use CAD

messaging shall audit their employees’ messages and submit an electronic report using APD

Approved Form PD0128A to their next level manager for review within 10 days from the date of

the notification from Risk Management. If a sergeant is unavailable during the entire 10 day time

frame, the audit shall be conducted by the corporal of that shift or a sergeant from another shift.

(a) If an employee did not work on the dates to be audited, they will be audited on the

next available working day. The date will be noted on the report.

(b) If the employee is on extended leave (FMLA, Light Duty, etc.) the reason of absence

will be documented on the report.

The report shall be retained by the sergeant/civilian supervisor for at least 3 years in an APD

group drive.

If an inappropriate CAD message is found that involves dialogue with an employee from

another shift/unit, the sergeant/civilian supervisor conducting the CAD audit shall notify the other

employee’s sergeant/civilian supervisor via Departmental email for follow-up.

If a subordinate’s message results in counseling a copy of the message and memo will be placed

in the supervisor’s file for the employee. If no further counseling is needed in the three years

following the counseling, the CAD messages may be discarded.

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Search and Seizure

306.1 PURPOSE AND SCOPE

Both the federal and state Constitutions provide every individual with the right to be free from

unreasonable searches and seizures. This order provides general guidelines for Austin Police

Department personnel to consider when dealing with search and seizure issues.

306.2 SEARCH AND SEIZURE

This order outlines the following types of searches and seizures:

(a) Exigent circumstances

(b) Consent

(d) Vehicle inventory

(e) Probable cause

(f) Protective frisk based on reasonable suspicion

(g) Plain view

(h) Strip/Body cavity search

(i) Residences, open fields, and abandoned property

306.3 DEFINITIONS

Transgender- An umbrella term that describes individuals whose gender identity is different from

their assigned sex at birth.

Female-to-Male (FTM)- A person who transitions from "female-to-male", meaning a person who

was assigned female at birth, but identifies and lives as a male. A "female-to-male" individual

should be addressed using masculine pronouns (e.g.- he, him, his), regardless of surgical status.

Male-to-Female (MTF)- A person who transitions from "male-to-female", meaning a person who

was assigned male at birth, but identifies and lives as a female. A "male-to-female" individual

should be addressed using feminine pronouns (e.g.- she, her, hers), regardless of surgical status.

Intersex- Intersex individuals are born with chromosomes, external genitalia, and/or an internal

reproductive system that varies from what is considered "standard" for either males or females.

Gender- The state of being male or female.

Gender Non-Conforming (Individuals)- Display gender expression or behavior that does not

conform to dominant gender norms of male or female. Gender non-conforming individuals may

not identify as male, female, or transgender. Gender non-conforming is also known as gender

variant, gender atypical, or androgynous.

TIGN- Transgender, Intersex, and/or Gender Non-Conforming Individual.

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Gender Identity- An individual's internal sense of being male or female, or something not defined

by traditional definitions of male or female.

Gender Expression- An individual’s external and social characteristics and behaviors (such

as appearance, dress, mannerisms, speech, and social interactions) that may be perceived as

masculine or feminine.

306.3.1 SEARCH PROTOCOL

Nothing in this order supersedes officer safety tactics.

(a) Officers will conduct person searches with dignity and courtesy.

(b) Officers will conduct property searches in a manner that returns the condition of the

property to its pre-search status as nearly as reasonably practicable.

and the time and effort required to gain the keys makes it a practicable option.

(d) It is the responsibility of each individual officer to search a prisoner for weapons or

contraband anytime they gain custody of that prisoner, regardless of whether the

prisoner was previously searched by another officer.

(e) When safety permits:

1. Officers should explain to the person being searched the reason for the search

and how the search will be conducted.

2. When practical, an officer of the same gender should be called to the scene

when officers believe the subject is concealing items in a sensitive area, such

as, evidence or narcotics in the groin, buttocks, or breast areas. This does not

apply to items that pose an immediate threat to officer safety.

3. If a subject requests a search by an officer of the same gender, an attempt

should be made to have a same gender officer conduct the search.

4. If a same gender officer is unavailable, the search should be conducted in front

of a Mobile Audio Video (MAV) recording system, if available, or a second officer

should be present.

5. If the gender of the individual needing to be searched comes

into question, officers should respectfully inquire as to whether the

individual identifies as transgender. When an individual self-identifies as

transgender, officers will not question this identity absent articulable, compelling

reasons, nor will an officer inquire about intimate details of an individual's

anatomy to determine gender. Officers needing to search a person who

has disclosed that, or the officer recognizes by prior knowledge, the

individual is Transgender, Intersex, and/or Fender Non-Binary/Gender Non-

Conforming (TIGN), should, when practicable, conduct the search based on

the gender with which the individual identifies. (For example, a Female-to-Male

individual should, when practicable, be searched by a male officer, or by a female

officer who conducts an opposite gender search. A Male-to Female individual

should, when practicable, be searched by a female officer, or by a male officer

who conducts an opposite gender search).

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6. Officers will use the backside of their hands and fingers to frisk/search sensitive

areas of the opposite gender to include the breast, crotch, and buttocks.

306.4 EXIGENT CIRCUMSTANCES

Exigent circumstances permitting entry into premises without a warrant or valid consent generally

include any of the following:

(a) The reasonable belief that a person within is in need of immediate aid.

(b) The need to protect or preserve life or avoid injury.

(d) The reasonable belief that contraband is about to be removed or destroyed.

(e) Public safety.

An exigency created by the officer's own conduct as an excuse for a warrantless entry is not

permitted.

306.5 CONSENT

(a) Entry into a location or vehicle for the purpose of conducting a search for any item

reasonably believed relevant to any investigation is permitted once valid consent has

been obtained. Officers should be aware that overuse of the consent search can

negatively impact the Department's relationship with our community and only request

a consent search when they have an articulable reason why they believe the search

is necessary and likely to produce evidence related to an investigation. A search by

consent is only allowed if the following criteria are met:

1. Consent is voluntary (e.g., clear, specific and unequivocal).

2. Consent is obtained from a person who has the authority to give the consent

(e.g., care, custody and control of the location or vehicle).

3. The search does not exceed the scope of the consent given.

(b) Consent must be obtained as the product of a free will. It cannot be obtained through

submission to authority, either expressed or implied.

suspects, those who have the authority to grant or revoke consent should be in a

position to communicate a withdrawal of consent should they so desire. If consent

was obtained by telephone from a person who has authority to grant the consent, the

person should be provided with contact information to revoke the consent.

(d) Absent other legal justification, any related search should be discontinued at any point

that consent is withdrawn, even if the withdrawal is made by a different party who is

at the scene and who also has authority over the area being searched.

306.5.1 RECORDING CONSENT

(a) Consent requests and authorization for all vehicles, locations where there is a

reasonable expectation of privacy, and subject stops shall be recorded by the Body

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Worn Camera (BWC). When the BWC system is unavailable, the DMAV system shall

be used.

1. Prior to the search, the officer shall read the Consent to Search Card to the

subject.

2. After the subject consents to the search, the officer can proceed with the search.

If at any time after the search has begun the person revokes their consent, the

officer will immediately stop and search no further unless sufficient probable

cause has already been developed to warrant continuing with the search or a

warrant has been obtained.

(b) Employees will document in their report, supplement, or street-check anytime a

consent search is used and that the consent was successfully recorded. If the

recording is not successful the reason will be documented in the report, supplement,

or street-check as well as in CAD history.

practicable, but prior to the end of the tour of duty.

306.5.2 CHAIN-OF-COMMAND REVIEW OF CONSENT SEARCHES

The immediate supervisor shall send an email notification with the incident report number to the

involved employee’s chain-of-command up to the lieutenant. Each level in the chain, up to the

lieutenant, will review the search and complete a case note to document their review. In the event

the chain-of-command identifies concerns with the search, the reviewing lieutenant will notify the

commander.

306.6 SEARCH INCIDENT TO ARREST

The general authority to search incident to a lawful custodial arrest is not qualified or limited by

the type of arrest. Objects of the search are weapons, evidence, and/or means of escape.

(a) Persons:

1. When officers make a lawful arrest, they are permitted to conduct a

contemporaneous search of the arrestee. Such a search safeguards the

arresting officer and others nearby from harm while ensuring that the arrestee

will not discard or destroy evidence.

2. It is entirely reasonable for arresting officers to search the area where the

defendant might reach in order to grab a weapon or evidence.

(b) Vehicles:

1. A search of a vehicle interior may be made when the arrestee is unsecured and

within reaching distance of the passenger compartment at the time of the search.

2. A search of a vehicle interior may be made when it is reasonable to believe that

the vehicle contains evidence of the offense of arrest.

3. If officers do not have a valid reason to search a vehicle after making an arrest

(e.g. probable cause, inventory), a search warrant will need to be obtained.

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4. Officers may examine the contents of any opened or closed container within the

passenger compartment, provided the container is within reaching distance of

the arrestee and the arrestee is unsecured at the time of the search.

5. Locked containers found within the vehicle passenger compartment may be

seized and a search warrant obtained in a timely manner.

306.7 VEHICLE INVENTORY

An inventory is a legitimate law enforcement activity that is not a search and that sometimes,

incidentally, results in the discovery of evidence. Vehicle inventories will be conducted in

accordance with General Order 350 (Vehicle Towing and Impound).

306.8 PROBABLE CAUSE

(a) Person:

1. When officers have probable cause to believe that evidence or contraband is

located on a person they are permitted to conduct a search of the person.

(b) Vehicles:

1. Officers may conduct a warrantless search of a readily movable vehicle (e.g.,

automobile, mobile home, boat or airplane) if there is probable cause to believe

that evidence or contraband is inside and the search cannot safely be delayed

in order to obtain a warrant.

(a) Officers must have probable cause that contraband is in the vehicle.

(b) A search of an automobile based on probable cause lawfully extends to all

parts of the vehicle in which evidence or contraband could be concealed,

including closed compartments, containers, and trunks.

probable cause is no narrower and no broader than the scope of a search

under the authority of a warrant.

306.9 FRISK (PAT-DOWN) FOR WEAPONS

A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained

person may have immediate access. The purpose of a limited weapons frisk after an investigatory

stop is not to discover crime, but to allow the officer to pursue the investigation without fear of

violence. An officer does not need to be absolutely certain that an individual is armed; the issue is

whether a reasonably prudent person would justifiably believe that they or others were in danger.

(a) Persons:

1. A frisk is a limited patting of the outer surfaces of a person's clothing in an attempt

to find weapons. A frisk can only be used by officers when they justifiably stop

someone and have a reasonable fear for their safety, the safety of the public,

or when a cautious and prudent officer under the same or similar circumstances

would conduct a pat-down.

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2. Normally, officers cannot put their hands under the suspect's outer clothing until

they feel something they reasonably believe is a weapon. If the outer clothing is

too bulky to allow officers to decide if a weapon is concealed underneath, outer

clothing such as overcoats and jackets may be opened to allow a pat down of

the inner clothing, such as shirts and trousers.

3. Packages, purses, briefcases and other containers may be frisked during the

stop.

4. The scope of a protective frisk is limited to persons and places within arm's reach

of a concealed weapon or toward which the subject might lunge.

(b) Vehicles:

1. A protective frisk may include the passenger compartment of an automobile,

limited to those areas in which a weapon may be placed or hidden, if the officer

possesses reasonable belief that the suspect is dangerous and may gain control

of a weapon at any time during the encounter.

306.10 PLAIN VIEW

Because an individual does not have an expectation of privacy as to items that are in plain view,

no search has taken place in a constitutional sense when an object is viewed from a location

where the officer has a right to be.

(a) An item in plain view may generally be seized when all of the following conditions exist:

1. The object must be in plain view; and

2. Officers conducting the seizure must lawfully arrive at the position from which

the object is plainly seen; and

3. Officers must have a lawful right of access to the object itself, apart from lawfully

viewing the object; and

4. The object's incriminating character must be so immediately and sufficiently

apparent that officers have probable cause to believe the object is contraband

or evidence of a crime.

306.11 STRIP/BODY CAVITY SEARCHES

Strip and body cavity searches are sometimes necessary for the safety of persons and/or to secure

evidence of criminal activity. However, such searches are highly intrusive and must be conducted

only when the justification can be clearly articulated, and then done only with proper regard for

human dignity and privacy.

(a) All cases of strip or body cavity searches will be documented in an incident report or

supplement and include (at a minimum):

1. Facts known to the officer that justify a strip/body cavity search; and

2. Name and employee number of supervisor authorizing the search; and

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3. Place that the search was conducted (e.g., bathroom of suspect's residence,

jail, doctor's office); and

4. Name and employee number of all persons involved in the search; and

5. The areas searched and results of the search.

306.11.1 STRIP SEARCHES

Strip searches:

(a)

Will be conducted only with the approval of a supervisor.

(b)

Will be conducted in privacy, including only the number of officers necessary to

maintain a safe situation.

(c)

Will be conducted ONLY by members of the same gender as the person to be

searched. Should an officer of the same gender not be immediately available, the

prisoner will either be secured until one can arrive, or the prisoner will be secured and

transported to the jail where a jailer of the same gender will conduct the search.

(d) If the individual to be strip searched is Transgender, Intersex, or Gender Non-

Conforming, officers should ask that individual whether they prefer a male or female

officer to conduct the strip search.

306.11.2 BODY CAVITY SEARCHES

Other than for checking the mouth area, these searches will not be conducted by officers of this

department. Should the need arise for this type of search, the prisoner will be transported to the

jail where proper hygienic/medical resources are available. Only jail personnel will conduct the

cavity search.

306.12 RESIDENCES, OPEN FIELDS, AND ABANDONED PROPERTY

306.12.1 RESIDENCES

Every person has a reasonable expectation of privacy inside their home and a search of a

residence will not be conducted without a valid search warrant, exigent circumstances, or valid

consent. Individuals do not, however, generally have a reasonable expectation of privacy in areas

around the home where the general public (e.g., mail carriers and solicitors) would reasonably

be permitted to go.

Once lawfully inside a residence, officers may conduct a protective frisk of a subject if the

officer has a reasonable belief that the person is armed and dangerous. In addition, the Fourth

Amendment permits a limited protective sweep of a residence when the searching officer

possesses a reasonable belief that the area to be swept harbors an individual posing a danger

to those on scene. The sweep should not last longer than is necessary to dispel the reasonable

suspicion of danger.

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306.12.2 OPEN FIELDS

Open fields do not provide the privacy expectation that is unique to the Fourth Amendment's

safeguards of a "person's, houses, papers and effects." Officers must be mindful of the requisites

of curtilage. The following are the factors the officers need to assess:

(a) The proximity of the area to the home.

(b) Whether the area is included within an enclosure surrounding the home.

(d) Steps taken by the resident to protect the area from observation by people passing by.

306.12.3 ABANDONED PROPERTY

Abandonment occurs when a person discards or denies ownership of property in a public right

of way or public spaces. To ensure admissibility of evidence, the following factors should be

considered:

(a) When making a trash run officers need to consider curtilage factors that fall within

open fields.

(b) Officers need to have an affirmative link to create probable cause between the

discarded property and the target of the investigation.

306.13 ASSET FORFEITURE GUIDELINES

The purpose of this order is to establish guidelines for asset forfeiture cases. The Austin Police

Department believes the practice of asset forfeiture is not to be used as a form of punishment,

but is remedial in nature.

(a) When seizing any property, officers shall follow Search and Seizure policy set forth

in GO 306.

(b) Officers shall follow GO 618 when submitting currency into evidence intended for a

civil forfeiture case.

Code 8205 – Asset Forfeitures to the offense.

(d) The minimum amount of cash authorized for seizure is $2,000.

(e) Officers shall contact the Asset Forfeiture Detective via email at

[email protected] for guidance prior to the seizure of anything, other

than US currency, that is intended for a civil forfeiture case.

(f) Officers are encouraged to contact the Asset Forfeiture Detective for guidance

regarding the seizure of property, or to provide any other assistance needed.

(g) The Asset Forfeiture Detective shall review all reports involving property seized for

civil forfeiture, conduct follow-up investigations, complete appropriate paperwork, and

handle all seized property in compliance with department policy, and state and federal

law.

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Mobile Fingerprinting Device

307.1 PURPOSE AND SCOPE

The purpose of this order is to establish guidelines for the appropriate use of the Mobile

Fingerprinting Device (e.g., Blue Check).

307.2 MOBILE FINGERPRINTING DEVICE USE GUIDELINES

Only officers that have been trained in the use of a Mobile Fingerprinting Device may use the

device.

(a) The device may be used in an attempt to positively identify a person in the field when

an officer has:

1. Lawfully detained a person based on reasonable suspicion that the person may

be involved in past, present, or future criminal activity; or

2. Probable cause to arrest the person; or

3. Arrested the person (e.g., custody arrest, field release); or

4. Obtained a person's consent at any time. Consent must be documented as

outlined in General Order 306 (Search and Seizure).

(b) The device shall not be used on a juvenile or a person that is suspected to be a juvenile.

307.2.1 IMPLIED CONSENT

Consent to submitting to the taking of a subject's fingerprints is implied when the subject is

deceased or unconscious. Under implied consent circumstances, officers must receive supervisor

approval prior to taking fingerprints.

307.3 USE OF FORCE

Officers shall not physically force a person to be fingerprinted.

307.4 INVENTORY

The Mobile Fingerprinting Device will be allocated to a specific shift or Unit and assigned to an

officer that has been trained in the device.

(a) The device will be part of the trained officer's inventory and the officer is responsible

for the device.

(b) If the trained officer leaves the shift or Unit, or promotes, the device shall be reassigned

by the supervisor to another trained officer.

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Misdemeanor Citations

308.1 PURPOSE AND SCOPE

Tex. Code of Crim. Pro. art. 14.06 permits law enforcement agencies to use citation release

procedures in lieu of arrest for specified Class A or B misdemeanor offenses, and all Class C

misdemeanor offenses with certain exceptions.

This order does not apply to juveniles under the age of 17, publicly intoxicated persons, or traffic

citations. Officers shall refer to the following orders regarding these topics:

(a) General Order 317 (Handling Juveniles).

(b) General Order 342 (Traffic Enforcement).

308.2 STATUTORY REQUIREMENTS

A citation, or field release, is when the violator is released in the field without being transported

to a jail facility for booking and magistration. The citation must contain notice of the time and

place the subject must appear before a magistrate, the name and address of the subject, and

the offense charged.

308.3 MISDEMEANOR CITATION USE

Officers shall issue misdemeanor citations as permitted by this order.

(a) On-duty officers who decide to take enforcement action on a subject who commits

a citation eligible misdemeanor offense shall, except as otherwise permitted by this

Order, issue a citation when all considerations outlined in this order have been met,

and no disqualifying circumstances exist.

(b) Officers shall select the least intrusive or severe method when considering issuing a

citation in lieu of arrest, which will:

1. Stop existing criminal conduct; a subject's criminal history should not be a

determining factor.

2. Remove the imminent threat of violence or criminal conduct.

3. Prevent persons from endangering themselves or others.

offenses.

(d) If an arrest is made in lieu of a citation for an eligible offense, the following must be

documented in the offense report:

1. Approving supervisor’s name and employee number.

2. Reason for the arrest in lieu of citation

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308.3.1 GENERAL MISDEMEANOR CITATION CONSIDERATIONS

The following shall be considered when making the determination whether to issue a misdemeanor

citation in lieu of custodial arrest and booking:

(a) The subject has sufficient identification; and

(b) The officer has reason to believe that release by citation will result in termination of

the violation; and

be combative or violent.

(d) For a misdemeanor offense that can be enhanced due to prior convictions, a criminal

history check should be performed to determine if a subject is no longer eligible for a

citation and would require a custody arrest.

308.3.2 DISQUALIFYING CIRCUMSTANCES

A citation shall not be issued if the following situations are present:

(a) The subject could not provide satisfactory evidence of personal identification.

Some form of government photo identification is preferable. If a government photo

identification is not available, officers shall use all reasonably available means

to confirm the validity of the personal information provided by the person in

custody. Officers shall document in their offense report what identification was used

to establish the identity of the person in custody. If the person in custody cannot be

positively identified and after all reasonable efforts to ascertain an identity have been

made, officers will make a custody arrest and book the subject into jail. Officers shall

document in their officer report what attempts were taken to establish the identify of

the person in custody.

(b) The officer has reason to believe that the safety of persons (including the subject) or

property would be imminently endangered by the release of the subject.

(d) The offense is DOC 10 (Exposure) and the exposure appears to have been committed

with sexual motivation.

308.3.3 SUPERVISORY ORDERS

Supervisors will not order any subordinate to cite a person suspected of a misdemeanor violation

of law witnessed by the supervisor but not witnessed by the subordinate unless:

(a) The supervisor articulates the probable cause upon which the citation is based as

soon as practicable; and

(b) The supervisor is listed on the citation.

308.3.4 INSTRUCTIONS TO CITED PERSON

The citing officer shall, at the time they ask the defendant to sign the notice to appear, call attention

to the time and place for appearance and take any other steps they deem necessary to ensure that

the defendant understands thier written promise to appear (Tex. Code of Crim. Pro. art. 14.06).

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308.3.5 INDIVIDUALS WITH ACTIVE WARRANTS

Persons with one or more outstanding arrest warrants shall be handled according to General

Order 405 (Fugitive and Search Warrants). Secondary offenses which are eligible for a citation

shall be handled according to this order.

308.4 CLASS A AND CLASS B MISDEMEANOR CITATIONS

In addition to the above considerations, officers must verify all of the following requirements in

order to issue a Class A or B misdemeanor citation. If all the following requirements are not met,

the subject is not eligible for citation and the officer is not required to contact a supervisor to make

an arrest. The officer will document in their offense report why the subject was not eligible for

a citation.

(a) The offense is eligible for release by citation; and

(b) The violator is not a juvenile; and

1. Travis County and the violator resides in Travis County; or

2. Hays County and the violator resides in Hays County.

308.4.1 ELIGIBLE OFFENSES

The following Class A and B misdemeanors are eligible for a release by citation:

(a) Possession of Marijuana less than two (2) ounces - (Class B).

(b) Possession of Marijuana of two (2) ounces but less than four (4) ounces - (Class A).

than $750 - (Class B).

(d) Graffiti where the value of the damage inflicted is $100 or more, but less than $750

- (Class B).

(e) Graffiti where the value of the damage inflicted is $750 or more, but less than $2500

– (Class A).

(f) Theft where the value of the property stolen is $100 or more, but less than $750 -

(Class B).

(g) Theft of Service where the value of the property and/or service stolen was $100 or

more, but less than $750 - (Class B).

(h) Driving While License Invalid - (Class A or B).

308.4.2 DOCUMENTATION AND FILING PROCEDURES

The following documentation and required procedures shall be used when issuing a Class A or

B Misdemeanor citation:

(a) Officers shall complete a(n):

1. Incident report with the appropriate title code(s); and

2. PC affidavit that shall be notarized by a second officer.

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(b) Write the incident number on any photos, documents, or receipts.

together to be turned in to the Class A or B Misdemeanor drop box by the end of the

officer's tour of duty.

(d) Follow the guidelines of General Order 618 (Property and Evidence Collection

Procedures) when submitting narcotic or other evidence in relation to a Class A or

Class B Misdemeanor Citation.

308.5 CLASS C MISDEMEANOR CITATIONS

Incident reports are generated by Central Records from the information on Class C Misdemeanor

citations issued by officers. Having accurate and sufficient information (e.g. witness/victim

information, property involved, brief narrative) on the front and back of a citation is critical for

Central Records to complete these reports.

Class C Misdemeanor citation may only be used when the offense is a Class C Misdemeanor other

than a traffic violation. Guidelines for issuing traffic citations are outlined in General Order 342

(Traffic Enforcement). Just as outlined in General Order 342.2 (Traffic Enforcement), Officers shall

use the Department’s electronic ticketing system instead of using paper field release citations. If a

paper citation is issued, it shall be turned in to the officer’s supervisor and General Order 342.2(d)

shall be followed by the officer and the supervisor.

308.6 MISDEMEANOR POSSESSION OF DRUG PARAPHERNALIA

(a) Class C misdemeanor citations may be issued to subjects found in possession of drug

residue. The citation shall be titled Possession of Drug Paraphernalia.

(b) An incident report with the appropriate title code(s) shall be completed.

and submitted according to General Order 618.4.2 (Submitting Narcotics and Narcotic

Paraphernalia).

(d) The misdemeanor citation(s) shall be turned in by the end of the officer's tour of duty.

(e) This citation shall not be used in lieu of a Possession of Marijuana charge.

308.7 THEFTS AND SHOPLIFTING

(a) Class C misdemeanor citations may be issued for theft or shoplifting if the property

value is under $100.

(b) An incident report with the appropriate title code(s) shall be completed.

business.

(d) A sales receipt from the business shall be obtained clearly showing the value of the

stolen property without sales tax.

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(e) The misdemeanor citation(s), photograph and sales receipt(s) shall be turned in by

the end of the officer's tour of duty.

(f) A Class C - Attempted Theft citation shall not be used in lieu of a Class B theft.

308.8 DRIVING WHILE LICENSE INVALID (DWLI)

For all DWLI offenses, officers shall issue a Class C citation except under the circumstances listed

below. If one or more of the following circumstances are present, officers may make an arrest or

issue a citation as otherwise permitted by section 308.3 and 308.4 of this general order.

(a) The subject’s license is suspended for an offense involving the operation of a motor

vehicle while intoxicated (e.g., Driving While under the Influence (DWI)).

(b) The subject was involved in a collision where a CR3 is required to be completed, an

officer finds the subject to be at fault for the collision, and the subject's DWLI offense

is a Class A or B misdemeanor.

308.9 MISDEMEANOR POSSESSION OF MARIJUANA (POM)

For Class A and B POM offenses, officers should only make an arrest or issue a citation as

otherwise permitted by section 308.3 and 308.4 of this order if doing so as part of:

(a) the investigation of a high priority, felony-level narcotics case, or

(b) the investigation of a violent felony.

In all other Class A or B POM cases, and when officers have probable cause to believe the

substance is marijuana, officers shall seize the marijuana, write a detailed report titled "possession

of marijuana" and release the individual if POM is the sole charge. Officers shall deposit the

marijuana according to GO 618.6.2 Submitting Narcotics and Narcotics Paraphernalia. In the

event there are offenses in addition to POM, officers should take appropriate enforcement action

for those additional offenses, but should not charge for the POM offense unless it meets one

or both of the factors identified in paragraphs (a) or (b) of this order. In addition, the officer will

complete a “(POM) Class A/B with no charges filed” template which is required for the disposal

of the marijuana.

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Handling Publicly Intoxicated Persons

309.1 POLICY

When encountering persons who are in violation of Texas Penal Code 49.02, and who meet the

criteria outlined in this order, officers shall divert publicly intoxicated individuals to the custody of

a responsible adult or the Sobering Center (herein referred to as the “Center”) as an alternative

to arrest (Tex. Code of Crim. Pro. Art. 14.031).

309.2 DEFINITIONS

Active Aggression - A threat or overt act of an assault (through physical or verbal means) coupled

with the present ability to carry out the threat or assault that reasonably indicates that an assault

or injury to any person is imminent.

Intoxicated - Not having the normal use of mental or physical faculties by reason of the

introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or

more of those substances, or any other substance into the body.

Public Intoxication - A person commits an offense if the person appears in a public place while

intoxicated to the degree that the person may endanger themselves or another person.

Sobering Center - The sobering Center provides a safe environment for publicly intoxicated

individuals to sober up and, when appropriate, initiate recovery. The Center is located at 1213

Sabine Street., Austin, Texas.

309.3 AUTHORITY

In lieu of arresting an individual who is not a child as defined by Texas Family Code, Section

51.02 and who commits an offense under Texas Penal Code, Section 49.02, a peace officer may

release the individual if:

(a) The officer believes detention in a penal facility is unnecessary for the protection of

the individual or others; and

1. The individual:

(a) is released to the care of an adult who agrees to assume responsibility

for the individual;

(b) verbally consents to voluntary treatment for substance use in a program

at a treatment facility licensed and approved by the Health and Human

Services Commission, and the program admits the individual for treatment;

for individuals to become sober under supervision, and the facility admits

the individual for supervision.

2. The Center is able to serve as the responsible adult under the state law

referenced in item “a (1)” above.

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309.4 PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

(a) Intoxicated individuals less than 18 years of age. State law does not allow the Center

to accept anyone less than 18 years of age. These individuals shall be handled in the

following manner:

1. Persons seventeen years of age and charged with public intoxication may be

released to a parent or legal guardian or arrested and transported to jail.

2. For juveniles (less than 17 years of age) investigated for public intoxication, refer

to General Order 317 (Handling Juveniles).

(b) Intoxicated individuals who are unconscious or experiencing any medical condition

that requires attention from medical personnel.

(d) Intoxicated individuals who meet the criteria for a Peace Officer’s Emergency

Detention (POED).

(e) Intoxicated individuals who cannot be positively identified.

(f) Intoxicated individuals with a confirmed warrant.

(g) Intoxicated individuals who are being charged with any additional offense other than

those eligible for cite and release.

(h) Intoxicated individuals who are suspected of driving under the influence of alcohol or

other drugs.

(i) Intoxicated individuals who are suspected of committing a sexual offense (e.g.

Indecent Exposure, DOC Exposure, Lewd Conduct) at the time of their encounter with

the officers, but officers are unable to file that charge at that time.

309.5 PROCEDURES

As set forth above, when circumstances meet the criteria outlined in this order, officers shall divert

publicly intoxicated individuals to the custody of a responsible adult or the Center as the alternative

to arrest.

Officers deciding to make a custody arrest for Public Intoxication of a person who is eligible

for the Center shall consult with an on-duty supervisor. The arresting officer shall explain to

the responding supervisor why the individual requires custodial arrest. The arresting officer shall

document the approving supervisor’s name, employee number, and reason for the arrest in the

narrative of the offense report. In addition, the arresting officer shall document the reason for the

arrest on the arrest report (AB) by choosing one of the applicable arrest reasons from the “Reason”

drop down menu.

If an individual is intoxicated on a substance other than alcohol, the individual shall be handled in

the same manner as if they were under the influence of alcohol.

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For individuals accepted by the Center, officers shall not issue a Class C citation for the offense

of public intoxication.

309.5.1 OTHER CLASS C CHARGES

If an individual arrested for public intoxication is to be charged with another Class A, B, or C

misdemeanor offense eligible for a citation in lieu of arrest, the officer shall issue a citation when

the person is taken to the Center or is released to the custody of a responsible adult.

309.5.2 MEDICAL CONDITIONS

Officers observing persons whom they believe to be intoxicated are reminded that certain medical

conditions can be mistaken for intoxication. Officers should ask the individual about any current

medical conditions as well as check for a medical identification bracelet or other similar item that

may indicate the person has a medical issue.

Any detainee who exhibits signs of possible acute alcohol intoxication (alcohol poisoning) or

other serious medical condition shall be evaluated by Emergency Medical Services. If responding

medical personnel determine that the individual requires transportation to a hospital for further

treatment, officers may assist, but shall not transport the intoxicated person themselves. If the

person is not being charged with a crime and does not pose an immediate threat to medical

personnel, there is no need for officers to follow medical personnel to the medical facility.

Identifiable symptoms of acute alcohol intoxication may include:

(a) Unconsciousness or semi consciousness

(b) Repeated episodes of vomiting

(d) Inability to walk or stand

309.5.3 IDENTIFICATION

If an officer believes it is necessary to take an intoxicated individual into custody for their own

safety or for the public’s safety, the officer shall check the person’s identification and check for

outstanding warrants. Prior to an individual being taken to the Center, officers shall verify the

person’s identity. Some form of government issued photo identification is preferable. If this or

other photo identification is not available, officers shall use all available means to confirm the

validity of the personal information provided by the person in custody.

If the subject cannot be positively identified, officers will make a custody arrest.

309.5.4 SEARCH AND TRANSPORT

When transporting publicly intoxicated individuals, officers shall handcuff, search, and transport

them in accordance with General Order 321 (Care and Transport of Prisoners).

If an intoxicated individual is found to be in possession of illegal weapons or narcotics that are not

eligible for the cite and release program, then a custody arrest will be made.

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309.6 PROCESSING AT THE CENTER

309.6.1 PROPERTY

Center personnel are responsible for the inventory, safekeeping, and return of all property to

individuals processed through the Center.

309.6.2 MEDICAL SCREENING

All individuals transported to the Center will be subject to a medical evaluation by personnel at

the Center. If medical issues are present that are beyond the scope of the services at the Center,

personnel at the Center will assume custody of the intoxicated individual and arrange for medical

transportation. Officers are not required to wait while medical transportation is arranged.

309.6.3 DOCUMENTATION

Officers utilizing the Center shall complete the Center’s public intoxication intake form available

in the officer work area at the Center. Officers shall leave a copy of the form with the Center staff.

Officers shall document the arrest and release to the Center with a Street Check by choosing

the Street Check Type as “S – Sobriety Center-Public Intox” and the Street Check Reason as

“S – Sobriety Center-Public Intox”. The individual’s personal information shall be entered into the

“Entity” portion of the Street Check ensuring race and ethnicity are included. The Entity Role shall

be entered as 20 – Arrested-Sobering Center. Multiple entities may be entered on the same Street

check if arrested during the same incident. A text narrative detailing the arrest should be entered

and any other pertinent information should be documented in the text portion of the Street Check.

An offense report shall not be utilized to document a Public Intoxication arrest that is released to

the Sobriety Center if that is the only involvement.

In addition to a street check, an offense report will be completed in the following circumstances:

(a) To document any other offenses for which the individual(s) received a citation in lieu

of arrest.

(b) If a Use of Force details page is necessary.

309.7 REMOVING INDIVIDUALS FROM THE CENTER

During the Center’s intake procedure the staff may reject the admission of a person for reasons

discovered during this process. When this occurs, the officer will transport the person to central

booking and document why this occurred in their offense report, including the name of the Center

staff who rejected the admission.

Intoxicated individuals who remain within the Center may not be charged with public intoxication

because the Center is not considered a public place.

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Handling Juveniles

317.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidance and direction for processing and handling

juveniles within APD's jurisdiction. Texas law affords juveniles equal protection; however, there

are differences in the manner in which juveniles are handled under Texas law.

Employees are responsible for participating with and supporting the ideals set forth in Title 3 of

the Texas Family Code. These provisions are:

(a) To provide for the protection of the public, and public safety.

(b) Consistent with the protection of the public and public safety:

1. To promote the concept of punishment for criminal acts; and

2. To remove, when appropriate, the taint of criminality from juveniles committing

certain unlawful acts; and

3. To provide treatment, training, and rehabilitation that emphasizes the

accountability and responsibility of both the parent and the juvenile for the

juvenile's conduct.

development of juveniles coming within its provisions.

(d) To achieve these purposes in a family environment whenever possible, separating the

juvenile from the juvenile's parent only when necessary for the juvenile's welfare or

in the interest of public safety and, when the juvenile is removed from the juvenile's

family, to give the juvenile the care that should be provided by parents.

(e) To provide a simple judicial procedure through which the provisions of this title are

executed and enforced and in which the parties are assured a fair hearing and their

constitutional and other legal rights recognized and enforced.

317.1.1 DEFINITIONS

Child/Juvenile: a person who is (Tex. Fam. Code § 51.02(2)):

The ages of juveniles who come within various classifications of offenses may vary in each

instance. Note carefully the age limitations in each situation as set forth by law.

(a) 10 years of age or older and under 17 years of age, or

(b) 17 years of age or older and under 18 years of age who is alleged or found to have

engaged in delinquent conduct or conduct indicating a need for supervision as a result

of acts committed before becoming 17 years of age.

Conduct Indicating a Need For Supervision: Conduct, other than a traffic offense, that is

punishable by a fine only or would not be a criminal offense if committed by an adult (e.g., runaway,

curfew violation). (Tex. Fam. Code § 51.03 (b))

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Custody: A juvenile is considered "in custody" when they would be considered "under arrest" if

the juvenile was an adult.

Delinquent Conduct: Conduct, other than a traffic offense, that if committed by an adult is

punishable by imprisonment or confinement in jail. (Tex. Fam. Code § 51.03 (a))

Detention: A detention situation exists when an officer detains a juvenile for a short period for

investigative purposes.

Status Offender: Generally, a juvenile who is accused, adjudicated, or convicted for conduct that

would not, under state law, be a crime if committed by an adult. (Tex. Fam. Code § 51.02(15))

317.1.2 CONFIDENTIALITY

The confidentiality of names of juveniles and their records is mandated by state law. The following

guidelines will be strictly followed:

(a) The names of juvenile offenders will not be released to the news media or any other

person not involved in the judicial or diversion process.

(b) A juvenile defendant or juvenile suspect shall not be named in any public document,

including an affidavit for an arrest warrant involving an adult co-defendant or in an

affidavit for a search warrant. However, there may be times when an investigator

believes that naming a juvenile in the affidavit is essential. In those cases, an

assistant district attorney assigned to juvenile court should be contacted in order that

alternatives (other than naming the juvenile) can be explored.

disseminated under the following circumstances:

1. Information required to be collected for the "juvenile justice information system"

will be forwarded to the Department of Public Safety (DPS);

2. Information compiled during investigation of a criminal combination may be

released to other criminal justice agencies or any court having jurisdiction over

a juvenile;

3. Information concerning missing juvenile may be entered into NCIC; and

4. Information concerning juvenile adjudicated of sexual offenses and required to

(d) Physical files and records concerning juveniles shall not be open to public inspection,

and shall be open to inspection only by a juvenile justice agency or criminal justice

agency.

(e) If an investigator believes obtaining a warrant for the arrest of a juvenile offender is

necessary the investigator will present the probable cause affidavit and arrest warrant

to a magistrate for approval and signature.

1. The municipal court clerk currently issues the warrant a "J" number but will not

retain the affidavit or warrant on file.

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2. The investigator will provide the original arrest affidavit and warrant to the

Warrant Office to be entered. The original warrant and affidavit will be retained

by the Warrant Office until the juvenile is taken into custody.

3. Upon apprehension of the juvenile the original affidavit and warrant will be

forwarded to Gardner-Betts. Copies of the affidavit and warrant will be retained

in the investigative file.

(f) An affidavit for a search warrant on a juvenile offender should be submitted to a

juvenile court judge to obtain the search warrant. Record of the search warrant will be

retained by the juvenile court.

(g) All juvenile arrest files and records, when not in use, shall be secured. Under no

circumstances will juvenile arrest records be mingled with adult records.

317.2 CUSTODY OF JUVENILES

317.2.1 TAKING A JUVENILE INTO CUSTODY

(a) Section 52.01 of the Texas Family Code states that a juvenile may be taken into

custody:

1. Pursuant to an order of the Juvenile Court.

2. Pursuant to the laws of arrest.

3. By a law enforcement officer, if there is probable cause to believe that the

juvenile was engaged in:

(a) Conduct that violates a penal law of this state or a penal ordinance of any

political subdivision of this state;

(b) Delinquent conduct or conduct indicating a need for supervision; or

4. By a probation officer if there is probable cause to believe that the juvenile has

violated a condition of probation imposed by the juvenile court.

5. Pursuant to a directive to apprehend issued by a juvenile court.

(b) In place of taking a juvenile into custody, state law allows a peace officer to issue a

field release citation for a traffic offense or an offense, other than public intoxication

punishable by fine only.

past offense, as long as there is probable cause to believe that the juvenile committed

the offense. In making warrantless arrests, patrol officers will follow the direction of an

investigative unit and/or their supervisor.

(d) Officers will apply the same probable cause standard for juveniles as that used for

adult offenders.

(e) Officers are encouraged to contact their Sector Detective Unit for advice regarding the

probable cause for arrest, the type of charge, disposition of the juvenile, or to provide

any other assistance needed.

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317.2.2 EMERGENCY MEDICAL TREATMENT

Juveniles taken into custody that are believed to suffer from a serious physical condition or illness

and requires prompt treatment should be seen by EMS and/or transported to a medical facility.

317.2.3 REQUIRED PARENT NOTIFICATION

In contrast to detention situations, the law requires that a juvenile's parent/guardian be promptly

notified when the juvenile is in police custody.

(a) If a juvenile is taken to a Juvenile Detention Facility, intake personnel will typically

make the parent notification. However, at times, they may need assistance from

APD when a parent/guardian cannot be contacted by phone. In that case, intake

personnel may request that APD attempt to contact the parents in person by calling

Communications.

(b) In the event that a juvenile taken into custody is brought directly to an APD facility to

be interviewed, it is the responsibility of the arresting officer to make parent/guardian

notification or coordinate that notification with the appropriate investigator.

information regarding contact with the juvenile's parent/guardian.

317.2.4 REQUIRED SCHOOL NOTIFICATION

After a juvenile is taken into custody and booked into the appropriate Juvenile Detention Facility,

the arresting officer will make notification of the arrest via email to the APD Crime Records Unit

at [email protected]. The arresting officer will include the case number, charges

filed, and the school or school district the child attends or possibly attends. This notification will

be made before the officer leaves the detention facility and goes back into service.

317.2.5 SEPARATION REQUIREMENTS

Juveniles shall not be transported in the same vehicle with adults who are suspected of or charged

with criminal acts. Juveniles shall be separated at all times by sight and sound from adults detained

in the same building. Separation requires that adults and juveniles in detention are unable to see

each other or to converse (Tex. Fam. Code § 51.12).

317.2.6 RELEASING A JUVENILE FROM CUSTODY

(a) When releasing a juvenile from custody, officers should take reasonable steps to

release the juvenile to their custodial parent or guardian.

(b) If a custodial parent or guardian is not available and officers need to release the

juvenile to someone else, the following guidelines shall be followed:

1. Run a check for any protective order regarding the adult with whom placement

of the juvenile is being considered.

2. Complete warrant and criminal history checks to ensure the juvenile is not being

placed with a wanted or dangerous felon.

3. Contact Child Protective Services' Law Enforcement Number (the number is

available through APD Communications) and request a CAPS (Child/Adult

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Protective Services) check be done to ensure the juvenile is being placed

in a safe environment with no abuse history through CPS. The CPS worker

answering the phone will need the following information on the person with whom

you want to place the juvenile:

(a) Name, address, and any other pertinent identifying information.

(b) The CPS worker will ask you for a phone number to call in order to verify

your identity and provide any history on the subject. Officers shall provide

the phone number for the Communications supervisor. (This process

should take approximately 10 minutes).

4. Fully identify the person with whom the juvenile is being placed and any CPS

related information in the incident report.

317.3 JUVENILE DISPOSITIONS AND REQUIRED DOCUMENTATION

317.3.1 CLASS C MISDEMEANORS

Class C Misdemeanors are punishable by fine only and fall under the jurisdiction of Municipal

Court. Juveniles who commit Class C Misdemeanors shall receive citations.

317.3.2 CONDUCT INDICATING A NEED FOR SUPERVISION

Officers encountering juveniles who are not violating any criminal law, but who are in potentially

hazardous situations, should be familiar with Family Code section 262.110. This law permits a

law enforcement officer to take temporary custody of a juvenile without a court order if the officer

finds the juvenile in a situation that poses a danger to the juvenile’s physical health or safety. The

officer may take custody of the juvenile under the law when the sole purpose is to deliver the

juvenile without unnecessary delay to the juvenile’s parent, guardian, caretaker, or custodian who

is entitled to possession of the juvenile.

(a) Officers who take temporary custody of a juvenile under this provision will write a report

(Child in Need of Supervision) and specifically identify the conditions that placed the

juvenile's physical health or safety at risk.

317.3.3 RUNAWAYS

When an officer identifies a juvenile as a runaway, the officer will transport the runaway home for

release to a custodial parent or guardian, or have the custodial parent or guardian meet the officer

at the scene for release. If the officer is not able to contact a custodial parent or guardian, the

officer shall follow the guidelines for "Releasing A Juvenile From Custody" as found in General

Order 317.2.5.

(a) Patrol officers must respond, in person, to all Runaway and Recovered Runaway

reports for juveniles 12 years of age and under.

(b) Patrol officers may complete a Runaway Report, age 13 through 17, over the phone

instead of responding in person. Additionally, officers must request Communications

enter the juvenile into NCIC/TCIC.

juvenile, age 13 through 17, over the phone. On the second recovery report, the

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patrol officer will use the Title Code “Repeat Recovered Runaway”, if the previous

recovery occurred within the past 12 months. Officers will check Versadex to confirm

the number of Recovered Runaway reports and the timeframe; officers will not request

the dispatcher confirm this information.

(d) If the juvenile is a three-time Recovered Runaway and is not under the care of CPS/

DFPS, patrol officers must respond, in-person, in an effort to provide SafeCares/

Refugee Services of Texas (RST) resources to the juvenile or guardian; refer to section

(e) below for instructions. Officers will only offer Safe Cares/RST services once.

Thereafter, patrol officers may handle subsequent runaway and recovery reports over

the phone for ages 13 through 17.

(e) When officers respond to the third runaway recovery in a 12 month period, officers

shall:

1. Assess the situation to determine if it is safe for a SafeCares/RST advocate to

respond.

(a) If the location is safe, contact SafeCares/RST via phone to request an

advocate respond and provide the advocate with any relevant information

about the juvenile/parent/guardian. There is no requirement for the officer

to remain on-scene until the advocate arrives.

(b) If the location is not safe, provide the SafeCares/RST advocate the contact

information for the juvenile/parent/guardian for a follow-up by phone.

department cell phone number for follow up after the advocate contacts

the juvenile/parent/guardian.

2. Notify the legal guardian that an advocate from Safe Cares/RST will contact

them, via phone or in person, usually within 90 minutes, to discuss additional

resources options.

3. After the Safe Cares/RST advocate contacts the legal guardian/juvenile, the

advocate will call and update the reporting officer.

(f) Report Creation and Notation of SafeCares/RST Advocate Response.

1. If APD generated the original report, officers shall write a supplement to the

original report, and add the report title “Recovered Runaway-Safe Cares/RST

Contact.”

(a) Officer shall notate in the report whether the parent/guardian accepted or

refused Safe Cares/RST Contact.

2. If another agency generated the original report, officers shall write a report titled,

“Repeat Recovered Runaway”.

(a) Officers shall notate in the report whether the parent/guardian accepted

or refused Safe Cares/RST Contact.

3. Request Communications remove the juvenile from TCIC/NCIC.

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4. If necessary, transport and release the juvenile according to section 317.2.5 of

this order.

(g) When officers encounter a runaway during normal duties, officers shall:

1. Determine if the juvenile meets the criteria of a Repeat Recovered Runaway. If

so, follow the guidelines of section (e) listed above.

2. Determine if there is any information suggesting human trafficking. If so, the

officer will contact a Human Trafficking Detective. The detective will initiate the

Travis County Care Coordination Protocols.

3. Create a report.

(a) If APD generated the original report, officers shall write a supplement to

the original report.

(b) If another agency generated the original report, officers shall write an

incident report titled, “Recovered Runaway.”

4. If necessary, transport and release the juvenile according to section 317.2.5 of

this order.

317.3.4 IN-CUSTODY SITUATIONS

(a) When officers take a juvenile into custody for any arrestable offense the officer shall

complete the documentation and procedures required by the facility. Additionally, the

officer shall complete an APD Arrest Booking (AB) report and General Offense (GO)

report. Below is a list of appropriate facilities based on the location of the arrest.

1. For arrests that occur in Travis County, juveniles shall be taken to Gardner-Betts.

2. For arrests that occur in Williamson County, juveniles shall be taken to the

Williamson County Juvenile Justice Center.

3. For arrests that occur in Hays County, officer shall call the Hays County Juvenile

Detention Center at (512) 393-5200, ext 11201 for approval prior to transport.

(b) If any facility refuses to take the juvenile, the officer should follow these guidelines.

1. Transport the juvenile to the APD ID section.

2. Take a mugshot of the juvenile.

3. Complete a 10 print via Live Scan and transmit to DPS.

4. Upload all documentation to the Versadex incident report.

5. Release the juvenile according to 317.2.5 of this order.

and booked when an on-view arrest is made or:

1. Any warrant or directive to apprehend issued by TYC or Juvenile Court (e.g.,

probation violation warrants, escape from TYC warrants).

2. Any warrant or directive to apprehend a juvenile where the juvenile was already

processed for the original charge.

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3. Any offense that occurred prior to Jan. 1, 1996.

(d) If a juvenile is taken into custody for DWI, the juvenile shall be transported directly to an

Intoxilyzer room and requested to perform any tests prior to processing and booking.

(e) If an officer is booking a juvenile for delinquent conduct and also chooses to file a Class

C charge, the officer shall issue the juvenile a misdemeanor citation for the Class C

violation(s). Class C charges shall NOT be placed on the booking sheet.

(f) A juvenile taken into custody for delinquent conduct shall not be released to a parent/

guardian until the juvenile has been processed and booked at the appropriate Juvenile

Detention Facility.

317.3.5 TRAFFIC OFFENSES

Juvenile traffic violators should be handled in the same manner as adult violators.

317.4 INFORMATION NEEDED BY A JUVENILE DETENTION FACILITY

Under the provisions of the Family Code, pending a hearing, a juvenile taken into custody will be

released immediately by the Juvenile Court to a parent unless certain designated circumstances

exist. Officers should inform intake personnel the following facts, when known:

(a) The juvenile is likely to abscond or be removed from the jurisdiction of the court.

(b) Suitable supervision, care or protection is not being provided to the juvenile by a

parent, guardian or other person.

when required.

(d) The juvenile may be a danger to themselves or may threaten the safety of the public

if released.

(e) The juvenile has previously been found to be a delinquent juvenile or has been

previously convicted of a penal offense punishable by a term in jail or prison and is

likely to commit an offense if released.

317.5 JUVENILE INTERVIEWS, INTERROGATIONS AND STATEMENTS

317.5.1 TYPES OF STATEMENTS

(a) The following types of statements made by juvenile suspects are admissible as

evidence under the Family Code:

1. Res Gestae - spontaneous statements made by juveniles may be used as if

they were made by an adult.

2. Statements leading to the discovery of evidence - defined as oral statements

of fact or circumstances that are true, which tend to establish the juvenile's guilt,

such as finding secreted or stolen property or the instrument with which the

juvenile states the offense was committed.

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3. Custodial Statements - An oral or written statement by a juvenile in custody,

detention or confinement is admissible if, before giving the statement, the

juvenile has been given the Miranda warning by a magistrate. This warning must

be given out of the presence of police officers or prosecutors. An exception would

be under circumstances when it is deemed necessary to have an officer present

for the magistrate's protection.

(a) Oral Statements: The statement must be recorded by an electronic

recording device (video camera or digital video camera) and, before

making the statement, the juvenile receives the Miranda warning by a

magistrate as described above and the warning is made part of the

recording.

(b) Written Statements: The written statement must be reviewed with the

juvenile, and signed, in front of the magistrate and out of the presence

of police officers or prosecutors unless necessary for the magistrate's

protection.

(b) The Family Code does not preclude the admissibility of other types of statements,

including those that "do not stem from custodial interrogation." The admissibility of

such statements will depend upon the circumstances surrounding the taking of the

statement and the facts of the case.

317.5.2 WORKING WITH PARENTS

A juvenile's parent or guardian has personal legal responsibility for the juvenile's welfare and

behavior. The Department recognizes this responsibility and police officers will work with parents

as closely as possible in interviewing juveniles. Examples of procedures that help parents are:

(a) Explaining a juvenile's illegal or suspicious behavior as soon as possible.

(b) Responding with patience and understanding to questions that are defensive or reflect

a parent's fears about police procedures and the court system.

or interrogated.

317.5.3 GENERAL GUIDELINES FOR INTERVIEWING JUVENILES

(a) The Department encourages officers to adjust their interviewing style to be sensitive

to each person's age and experience, remaining consistent with the Department's

commitment to treat all people with respect. The more approaches an officer can use,

the more cooperation they can achieve with each juvenile.

(b) Interviews: An interview takes place when a juvenile witness or victim of a crime is

questioned. It is not necessary to administer rights or to have the parents or guardians

present. If a juvenile implicates themselves during the interview, the interview shall be

stopped and the procedures for interrogation followed.

1. If the juvenile is too young or mentally incompetent to render a decision, the

parents or guardians should be present.

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2. Interviewing juveniles under the age of 13 should be done at the Center for Child

Protection, especially when the juvenile is the victim of a violent offense.

317.5.4 GENERAL GUIDELINES FOR INTERROGATING JUVENILES

(a) Interrogations: An interrogation is the questioning of a juvenile who is suspected of

a status or criminal offense.

1. On-scene Interrogation: Street interrogations should be avoided until after the

juvenile can be processed unless it is absolutely necessary for the preliminary

investigation. However, street interviews often present exigent circumstances

that demand immediate action from the responding officer. Suspects, weapons

and evidence may be lost if information is not immediately obtained. Officer

safety, safety of the public, and the need to obtain basic information are

considerations that patrol officers must deal with in making decisions regarding

the street interrogation of a juvenile. The general rules of interrogation and

admissibility of evidence apply to juveniles, with additional requirements existing

for custodial interrogations.

2. Non-Custodial Interrogations:

(a) Juveniles are not in custody when they are voluntarily brought in by a

parent or guardian. Therefore, no magistrates' warning is required prior to

taking a confession under these circumstances.

(b) Officers should be aware of any factor that might negate the non-custodial

status of the interrogation and affect the admissibility of the statements

obtained. For example, giving a juvenile a ride to the station, even if the

juvenile accompanied the officer voluntarily and with the consent of their

parents, could be interpreted by the courts as an indication that the juvenile

was "in custody."

be immediately taken into custody. They will be released to a parent/

guardian. If probable cause for arrest is developed through the confession

or otherwise, a juvenile warrant may be obtained. Failure to follow this

procedure could taint the voluntariness of the confession.

3. Custodial Interrogations: The Miranda warning administered by a magistrate

must precede all custodial confessions. Prior to conducting a custodial

interrogation of a juveniles, employees will confer with the juvenile and parents

or guardians to explain agency and juvenile justice system procedures. The

custodial interrogation of a juvenile may take place in two types of situations;

the exact procedures to be followed vary depending on the situation.

(a) At a Juvenile Processing Office: The interrogation of a juvenile may take

place at a juvenile processing office if the juvenile is transported there

immediately after the juvenile is taken into custody. While at the juvenile

processing office the guidelines of Family Code Section 52.025 must be

strictly adhered to:

1. The juvenile may not be left unattended.

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2. The juvenile is entitled to be accompanied by a parent, guardian, or

attorney.

3. The juvenile may not be detained in the juvenile processing office

for longer than six (6) hours.

4. Under normal circumstances, no more than 2 detectives should be

actively engaged in the interrogation of the juvenile.

(b) At a Juvenile Detention Facility: To interview a juvenile who has been

booked into Gardner-Betts or the Williamson County Juvenile Justice

Center, APD must request the juvenile be returned to APD custody for

an interrogation or other follow-up. Gardner-Betts or Williamson County

Juvenile Justice Center personnel will rule whether the request will be

granted.

1. The investigator will call Gardner-Betts or the Williamson County

Juvenile Justice Center in advance to arrange for a custody transfer.

2. Unless the interview occurs at the detention facility, the interview will

only take place in a designated Juvenile Processing Office that is in

accordance with CCP Sec. 52.025.

3. Upon completion of the interview/statement the juvenile must be

returned to the custody of Gardner-Betts or the Williamson County

Juvenile Justice Center.

317.6 FINGERPRINTS AND PHOTOGRAPHS

(a) Except as listed in section (d) below, juveniles may be photographed or fingerprinted

only under the following circumstances consistent with provisions of the Family Code:

1. With consent of the Juvenile Court (e.g., via a court order).

2. If the juvenile is taken into custody for conduct that is a felony, or a misdemeanor

punishable by confinement in jail.

3. If the juvenile is not in custody and the juvenile's parent or guardian voluntarily

consents in writing to the photographing or fingerprinting of the juvenile.

(b) The fingerprints of a juvenile suspect in a criminal case where latent prints were

obtained may be used for comparison purposes only if the prints were obtained in a

manner allowed by the Family Code.

is believed the photograph will help in the identification of the offender (e.g., a photo

lineup) may be used only if it was obtained in a manner allowed by the Family Code

unless it is publicly available (such as in a school yearbook).

(d) Exceptions: Restrictions on fingerprinting/photographing juveniles do not apply in the

following situations:

1. If the photographs/fingerprints are obtained as part of the registration process

for a juvenile required to register as a sex offender under CCP Section 62.

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2. If the juvenile is a victim or witness, and photographs are needed for evidentiary

or documentary purposes (e.g., photographs of injuries, or videotaped statement

of a juvenile victim/witness).

3. If a juvenile has had access to a crime scene but is not a suspect, and their

prints are needed for comparison to latents for elimination purposes.

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Detentions, Field Interviews & Field Photographs

318.1 PURPOSE AND SCOPE

The purpose of this order is to establish guidelines for conducting and documenting detentions,

interviews, and taking and retaining photographs of subjects in the field.

318.1.1 DEFINITIONS

Consensual Encounter - Occurs when an officer contacts an individual but does not create a

detention through words, actions or other means. In other words, a reasonable individual would

believe that their contact with the officer is voluntary.

Custody - A person is in "custody" only if, under the circumstances, a reasonable person would

believe that their freedom of movement was restrained to the degree associated with a formal

arrest. Custody can be construed as actual or constructive; therefore it is incumbent upon the

officer to be conscious of the subject's belief about whether or not they are free to leave.

Detention - The brief stopping of an individual based on reasonable suspicion for the purposes

of determining the individual's identity and resolving the officer's suspicions.

Field Observation (FO) Card - The documentation of a subject stop when there is not a

corresponding incident report, supplement or citation for the stop.

Field Photographs - Posed photographs taken of a person during a contact, detention or arrest

in the field. Undercover surveillance photographs of an individual and recordings captured by the

normal operation of a Mobile Audio Video system when persons are not posed for the purpose of

photographing are not considered field photographs.

Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has

articulable facts that criminal activity may be afoot and a particular person is connected with that

possible criminal activity.

318.2 GENERAL POLICY

(a) Officers will identify themselves when they initiate a duty-related contact with a person,

when practicable, unless their identity is obvious.

(b) Officers will explain the reason for the contact and the purpose of anticipated police

action, when practicable.

detained or arrested as is possible under the circumstances.

(d) Nothing in this order is intended to discourage consensual encounters. Frequent and

random casual contacts with consenting individuals are encouraged by the Austin

Police Department to strengthen our community involvement, community awareness

and problem identification.

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318.3 DETENTIONS

Detentions are "seizures" under the Fourth Amendment. Officers may stop and question

individuals when reasonable suspicion that the person may be involved in past, present or future

criminal activity exists.

(a) In justifying the stop, officers should be able to point to specific facts which, when taken

together with rational inferences, reasonably warrant the stop. Such facts include, but

are not limited to, the following:

1. The actions, appearance or demeanor of an individual suggests that they are

part of a criminal enterprise or is engaged in a criminal act. Some factors include:

(a) The subject is carrying a suspicious object.

(b) The subject's clothing bulges in a manner that suggests they are carrying

a weapon.

area.

(d) The subject's presence in the particular area is suspicious.

2. The subject is located in proximity to the time and place of an alleged crime.

3. The officer has knowledge of the subject's prior criminal record or involvement

in criminal activity.

(b) Officers may detain persons they lawfully stop for a reasonable length of time in an

attempt to:

1. Verify their identity. (Officers should be familiar with Penal Code Section 38.02.

Persons are not required to identify themselves unless they are under arrest;

however, if they are legally detained and choose to identify themselves, they

must do so accurately.)

2. Account for their conduct and/or their presence.

3. Discover whether a crime occurred.

4. Determine person's involvement.

1. The person eliminates the officer's reasonable suspicion of criminal involvement;

2. The officer fails to develop the probable cause necessary to arrest within a

reasonable time.

318.3.1 HANDCUFFING DETAINEES

(a) As a practice, officers should not handcuff lawfully detained individuals. However,

situations may arise where it may be reasonable to handcuff a lawfully detained

individual.

(b) Some factors reasonably causing an officer to handcuff a detained individual include,

but are not limited to:

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1. physical resistance;

2. verbal threats against the officer or others nearby;

3. investigation of a violent crime or a crime involving weapons; or

4. reliable information that the person is armed (without appropriate license), the

person is violent, or is a flight risk.

unreasonable intrusion upon a detainee when deciding to place handcuffs on a

detainee.

(d) Unless arrested, handcuffing detainees at the scene of a search warrant should

continue for only as long as is reasonably necessary to ensure the safety of officers

and others.

(e) If not documented in a report, officers will document their justification for handcuffing

a detainee for a limited investigation, with a Street Check/Field Interview report.

1. Officers will check “detained” in the Reason field dropdown list.

2. Officers will justify handcuffing the detainee in the Remarks field.

318.3.2 DETAINING FOREIGN NATIONALS

Refer to General Order 330 (Interactions with Foreign Nationals).

318.3.3 REQUESTS FOR ASSISTANCE FROM FEDERAL IMMIGRATION OFFICIALS

(a) Upon request, officers may provide reasonable or necessary assistance to ICE (or

other federal immigration officials), including with enforcement operations if those

operations will be directed and supervised by federal officials. Except in emergencies

involving the possibility of imminent death, serious injury, or loss of property, officers

must receive approval from supervisors holding the rank of Lieutenant or higher prior

to providing any such assistance. The supervisor will determine whether the request

is reasonable or necessary based on factors including:

1. the availability of Department resources and personnel that are appropriate for

and trained to perform the requested task;

2. whether providing the requested assistance would pose an unreasonable risk

to public safety or to Department personnel or property;

3. whether providing the assistance would assist with stopping criminal activity; and

4. whether providing the requested assistance would cause the Department to

incur unreasonable overtime costs.

5. The urgency of the request.

(b) Officers (including officers working secondary employment) shall not provide

assistance to ICE for operations at a place of worship unless exigent circumstances

exist which require an immediate intervention of law enforcement to protect public

safety.

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district, or open enrollment charter school shall not provide assistance to ICE

for operations unless exigent circumstances exist which require an immediate

intervention of law enforcement to protect public safety.

(d) Officers providing immediate or planned assistance to ICE shall create a GO using

title code 3499-1 – Assist Other Agency – ICE. A CAD call will be generated for each

report, and every officer on scene will log into that call. Direct entry Versadex reports

will not be permitted. The following items shall be documented in the GO:

1. The name of the outside agency and the personnel who requested the

assistance;

2. The number of APD officers who assisted and the amount of time expended by

each officer;

3. The number of persons arrested, if known;

4. The number of persons charged and the specific charges that were applied, if

known;

5. Any Department information or intelligence shared with ICE (no report is required

for this item if the information or intelligence shared is otherwise documented

pursuant to unit SOPs);

6. Any additional resources used (e.g. canine units, helicopter, SWAT, etc.); and

7. Any information provided by APD that is shared with a federal immigration

enforcement agency at the request of a federal immigration agency (no report

is required for this item if the information or intelligence shared is otherwise

documented pursuant to unit SOPs).

(e) Only the Chief of Police has the authority to enter into any formal, written agreement

with ICE for ongoing operations, such as a 287G agreement.

318.3.4 ICE DETAINER REQUESTS

The purpose of this order is to establish guidelines for handling ICE detainers. All officers are

expected to comply with, honor, and fulfill formal immigration detainer requests issued by ICE.

(a) An officer who receives information that a detainee or arrestee in their custody is the

subject of an ICE detainer request, will take the following actions:

1. Notify a supervisor.

2. Notify ICE to determine the validity of the detainer.

3. Comply with the detainer request if its validity is confirmed.

4. Inform the person they are being held subject to a detainer (in addition to any

applicable criminal charges).

5. Take the person to the Central Booking Facility or other suitable detention

facility.

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(b) If the person subject to the detainer provides proof, including a Texas Driver’s License

or other government issued identification, that they are a United States citizen or has

lawful immigration status, the officer will do the following:

1. Notify a supervisor.

2. Notify ICE and provide an update.

3. Cease from complying with the detainer request.

4. Unless impracticable to do so, officers will make and retain a copy of the proof

that was offered by the subject. The retained copy may be scanned into the

Versadex report or submitted as evidence.

5. If the officer is unsure whether the proof provided is adequate proof of U.S.

citizenship or lawful immigration status, the officer should continue honoring the

detainer request until definitive proof is provided.

318.3.5 MAINTENANCE AND SHARING OF IMMIGRATION RECORDS

From time to time, the Department may have records with information, or need information,

concerning a detainee’s or arrestee’s immigration status, including information concerning that

person’s place of birth (Immigration Status Information). Employees are permitted to:

(a) Send, request, or receive Immigration Status Information to or from federal agencies

involved in immigration enforcement;

(b) Maintain Immigration Status Information pursuant to applicable records retention

schedules; and

with federal or state governmental entities.

318.3.6 DETAINING FEDERAL AND STATE LEGISLATORS

General Order 319 (Arrests) outlines procedures for arresting Federal and State Legislators.

318.4 CONSENSUAL ENCOUNTERS

Officers are encouraged to initiate interviews with people of the community in order to gain a

thorough knowledge and become an integral part of the community.

(a) Except as specifically prohibited by general orders, officers may talk to a person at

any time, for any reason, in performance of their duties.

(b) An interview should be conversational and not confrontational.

rights or freedoms of a person. The person has the right to:

1. Fail to respond to the officer.

2. Refuse to identify themselves.

3. Walk away from the officer.

(d) Negative inferences will not be made based on a person's refusal to cooperate in the

interview.

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(e) Still photographs of persons interviewed during a consensual encounter shall not be

taken without the person's permission. Verbal consent shall be captured using the

BWC recording system. When the BWC system is unavailable, the DMAV system shall

be used. The officer shall document the consent in the appropriate incident report,

supplement, or FO card. Officers should refer to General Order 303 (Body Worn

Camera Systems) for further guidelines.

(f) Officers will not inquire into a person's immigration status during a consensual

encounter.

318.5 FIELD INTERVIEWS, STATEMENTS AND CONFESSIONS

The basis of a statement or confession is to corroborate the elements of an incident. Written and

oral statements or confessions should not be utilized as the sole basis for filing charges; any

statement or confession should be corroborated by other legally obtained evidence or verified

in an appropriate manner. Officers should keep in mind the following things when interviewing/

interrogating a subject:

(a) During a non-custodial interview, an officer will usually allow a subject to leave after

taking the statement or confession. A warrant can be obtained at a later time to take

the subject into custody.

(b) There may be occasions when information is disclosed that changes the focus of the

investigation toward the subject, where the facts and circumstances of the case dictate

that they are no longer free to leave changing the non-custodial interview to a custodial

interrogation.

subject would generally be considered under "arrest" and the interview/interrogation

would be "custodial."

(d) Once a subject requests to speak with an attorney or indicates a desire for legal

representation, the interview/interrogation will cease.

318.5.1 MIRANDA WARNING AND ADMISSIBILITY

No statement or confession made by an adult as a result of custodial interrogation is admissible

as evidence unless the person has first been administered the Miranda warning and knowingly,

intelligently and voluntarily waives those rights.

(a) Officers will administer the Miranda Warning to a subject during a custodial interview/

interrogation. A custodial interrogation occurs when questioning begins to focus on

the person in custody, becoming accusatory regarding a specific offense.

(b) The Miranda Warning will be recorded by audio/video recording (e.g., in-car Mobile

Audio Video Recording system, Body-Worn Cameras) using the following process:

1. Read the Miranda card to the subject in its entirety; and

2. Ensure the subject acknowledges, understands, and voluntarily waives their

rights.

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1. Write the officer's name, date, time, and incident number on the face of the card;

2. If practical, request the person in custody initial next to each Miranda right and

sign the card. If the subject, while being audio/video recorded, has verbally

acknowledged understanding and waiving their rights but does not sign the card,

the interview/interrogation may still continue.

3. If the Miranda card is signed by the suspect, it will become part of the original

case jacket. Miranda cards not initialed or signed by the subject do not need to

be retained.

4. Officer safety should not be compromised during a field interview/interrogation

in order to record acknowledgment of rights.

(d) Once the person requests to speak with an attorney or indicates a desire for legal

representation, the interrogation will be discontinued at that point. This shall be

documented in the offense report.

1. Should the person request to continue the interrogation after requesting legal

representation, the Miranda rights will be administered again.

(e) Guidelines on admissibility of statements and confessions of a person accused of an

offense as evidence is outlined in Tex. Code of Crim. Pro. art. 38.22.

318.6 FIELD PHOTOGRAPHS

(a) Field photos should only be used for:

1. Identification of a subject or a subject's automobile.

2. Identification of a subject's condition (e.g., injuries, tattoos, evidence stains on

clothing, jewelry, distinctive clothing/shoe patterns).

3. Documenting evidence.

(b) Access to field photographs shall be strictly limited to law enforcement purposes.

318.6.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT

Still photographs may be taken when the subject of the photograph knowingly and voluntarily

gives consent. Verbal consent shall be captured using the BWC recording system. When the BWC

system is unavailable, the DMAV system shall be used. The officer shall document the consent

in the appropriate incident report, supplement or FO card. Officers should refer to General Order

303 (Body Worn Camera Systems) for further guidelines.

318.6.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT

Field photographs may be taken without consent only if taken during a detention that is based on

reasonable suspicion of criminal activity and the photograph serves a legitimate law enforcement

purpose related to the detention.

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(a) The officer must be able to articulate facts that reasonably indicate that the subject

was involved in, or was about to become involved in, criminal conduct.

(b) Mere knowledge or suspicion of gang membership or affiliation is not a sufficient

justification for taking a photograph without consent.

has been dispelled, the detention must cease and the photograph should not be taken.

318.6.3 JUVENILE PHOTOGRAPHS

Refer to General Order 317 (Handling Juveniles).

318.6.4 PROHIBITED RECORD KEEPING

All field photographs must be processed according to General Order 618.5 (Digital Evidence

Collection and Storage).

(a) Officers shall not:

1. Keep a personal or shift-level copy of any photograph taken during a field stop

for non-law enforcement purposes.

2. Post a field photograph of any person not currently wanted by a law enforcement

agency.

318.6.5 SUPERVISOR RESPONSIBILITY

While it is recognized that field photographs often become valuable investigative tools, supervisors

should monitor such practices for compliance with Department General Orders. This is not to imply

that supervisor approval is required before each photograph.

318.7 FIELD EYEWITNESS IDENTIFICATION

Proper procedures for handling field identifications are outlined in the Field Identifications section

of General Order 403, Follow-up Investigations.

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Arrests

319.1 PURPOSE AND SCOPE

This order outlines the guidelines for warrant and warrantless arrests. The following order cannot

address every situation that an officer might encounter; however, in exercising arrest authority,

officers should be guided by what is contained in this document. Nothing in this order should

be interpreted as authorizing or restricting an officer's arrest authority as defined by the Code of

Criminal Procedure.

319.1.1 ARRESTS REQUIRING SUPERVISOR APPROVAL

Officers shall obtain supervisor approval on the following types of arrests prior to booking the

subject into jail:

(a) Any arrest where an officer is the victim (e.g., assault on a police officer, resisting

arrest or search).

(b) Evading arrest.

(d) Refusal to sign a citation.

(e) Failure to identify.

(f) Any full custody arrest for an offense meeting the criteria for a Class A or Class B

Misdemeanor Citation as outlined in General Order 308 (Misdemeanor Citations).

(g) Any Class C warrant arrest inside a private residence.

(h) Any arrest where a foreign official is claiming immunity as outlined in General Order

330 (Foreign Officials Claiming Immunity).

319.1.2 SUPERVISORY ORDERS

Supervisors will not order any subordinate to arrest a person suspected of a misdemeanor violation

of law witnessed by the supervisor but not witnessed by the subordinate unless:

(a) The supervisor articulates the probable cause upon which the arrest is based as soon

as practicable; and

(b) The supervisor completes a supplement to the incident report.

319.2 WARRANT ARREST GUIDELINES

(a) Officers will arrest any person found to have an outstanding warrant, provided the

arrest can be made in compliance with Department General Orders.

(b) Officers legally inside a residence that finds any resident found to have an outstanding:

1. Felony, Class A or Class B warrant will arrest the person.

2. Class C warrant will not arrest the person unless authorized by a supervisor.

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319.2.1 WARRANT SERVICE GUIDELINES

Officers attempting to conduct a warrant service shall adhere to the following guidelines:

(a) Before any warrant service is attempted at a private residence or place of employment

(as listed in the PICKUP supplement) officers shall:

1. Review the incident report in its entirety to determine if and when a previous

warrant service has been attempted.

(a) Officers shall not normally return to a location to serve a warrant where an

attempt has been previously made unless additional information has been

developed suggesting the offender has returned.

2. Verify the warrant status by contacting the Central Records/Warrant Unit or

Teletype, either directly or through Communications.

3. Supervisors shall be notified and a "Threat Assessment Form" (APD Form 11)

shall be completed prior to any warrant service where a forced entry is planned

or anticipated.

(b) Officers receiving information that a person with an arrest warrant is inside a third

party private residence may NOT enter and search for the violator. Courts have held

that this includes, but is not limited to a home, apartment, or hotel/motel room. The

exception to this rule is when:

1. The officer is in possession of a valid search warrant for that specific residence/

location. (There is no requirement for a search warrant of PUBLIC areas of a

commercial establishment); or

2. The officer has received consent from the person/s in care, custody and control

of the location. Consent procedures are outlined in General Order 306 (Search

and Seizure); or

3. The officer can clearly articulate exigent circumstances that delaying entry would

expose a person to serious injury or death or allow the violator to escape.

documented immediately by DIRECT ENTRY of a supplement to the original incident

report in Versadex. The following information is required in the supplement:

1. Date/time of each attempt; and

2. Address(s) and/or location(s) of attempt(s); and

3. Identity of person(s) contacted; and

4. Information relating to the search of a location (e.g., was permission granted or

refused, vacant); and

5. Useful information relating to a subject (e.g., new location, vehicles,

employment, acquaintances); and

6. Identification of all officers involved in warrant service.

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(d) Warrant service resulting in an arrest of the wanted subject shall be documented

immediately by DIRECT ENTRY of a supplement to the original incident report into

Versadex. The following information is required:

1. "CANCEL CANCEL CANCEL" in the subject line and at the top of the

supplement; and

2. Date/time of service; and

3. Address(s) and/or location(s) of service; and

4. Information relating to search of location (e.g., was permission granted or

refused, vacant); and

5. Identification of all officers involved in warrant service.

(e) Warrant service resulting in an arrest of the wanted subject shall also be documented

by completing an Arrest Report through the Mobile Report Entry (MRE) for the actual

charge(s). The 4000-Request to Apprehend charge code is to only be used for the

service of another jurisdiction’s warrant.

319.2.2 WARRANT HIT AND CONFIRMATION

During the course of a lawful detention or arrest, an officer may run a subject for warrants.

(a) When a "hit" is received on a local, TCIC or NCIC warrant inquiry, confirmation

from APD or the originating agency must be obtained prior to taking official action.

Confirmation shall be the authorization for placing the person in jail for the warrant.

1. The person may be detained until confirmation is made by APD or the originating

agency.

2. Should circumstances make a custody arrest impractical, a person detained

solely for a Class C warrant may be released with the approval of a supervisor.

3. If a warrant confirmation is not received within 10 minutes, the arresting officer

may either release the subject or continue to await a response.

(b) If a subject is arrested for an APD warrant, officers shall:

1. Obtain the original APD warrant from the Central Records/Warrant Unit during

normal business hours; or

2. Have Communications/Teletype fax or email the warrant to the jail after

confirmation.

3. Warrants from other agencies should be faxed or emailed to the jail by the

originating agency after confirmation.

319.2.3 WARRANT ARRESTS AT PRIVATE RESIDENCES

(a) Officers legally inside a residence shall arrest any resident found to have an

outstanding Felony, Class A or Class B misdemeanor warrant.

(b) Officers shall not normally arrest a resident for a Class C warrant unless authorized

by a supervisor.

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319.3 WARRANTLESS ARREST GUIDELINES

These guidelines are based upon the idea that the use of an arrest, followed by prosecution, is

not the primary or exclusive method available to officers and the Department.

(a) Minor infractions of the law may not be sufficient to justify an arrest. Officers should be

concerned with what the law says and what the law was designed to accomplish. Laws

generally serve as the tools officers use to protect residents' rights and to maintain

peace in the community. If enforcement of the law does not serve these purposes,

arrests can rarely be justified.

(b) One of our concerns is the maintenance of public order, looking toward a preventive

rather than a punitive approach to crime.

in succession before making an arrest, but may resort to that method that will most

quickly and safely bring the situation under control.

(d) Officers may consider any factors that are reasonably believed to be relevant, based

upon observations and in light of personal knowledge, training and experience.

(e) Officers are expected to be able to state and describe the reason(s) for a particular

course of action upon the request of a reviewing supervisor or the Arrest Review Unit.

(f) Arrests will not generally be made outside the jurisdiction of this department except

in cases of hot and/or fresh pursuit, while following up on crimes committed within

the City, or while assisting another agency. On-duty officers who discover criminal

activity outside the jurisdiction of the City should, when circumstances permit, consider

contacting the agency having primary jurisdiction before attempting an arrest.

319.3.1 IN-CUSTODY ARREST SITUATIONS

(a) Felony, Class A and Class B Misdemeanors

1. Violators who commit a Class A or Class B offense and meet all the requirements

for a Misdemeanor Citation as outlined in General Order 308 (Misdemeanor

Citations) shall be issued a citation in lieu of arrest unless otherwise authorized

by a supervisor.

2. Custody arrests shall be made for all other offenses greater than a Class C

where there is a lawful arrest authority.

(b) Class C Misdemeanors

1. Class C misdemeanors should generally be enforced by a field release citation.

Officers shall select the least intrusive or severe course of enforcement action

but should initiate a custody arrest if the issuance of a citation will not:

(a) Stop existing criminal conduct; or

(b) Remove the imminent threat of violence or criminal conduct; or

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2. A custody arrest for minor offenses should be made when there is reason to

believe the actor is, or has been, involved in a more serious offense and the

arrest will serve to gather evidence of that additional offense.

319.3.2 WARRANTLESS ARRESTS AT A PRIVATE RESIDENCE

(a) Misdemeanors

1. Officers shall not forcibly enter a private home to arrest a person for a

misdemeanor violation. This includes officers in hot pursuit of a subject, and

cases in which the subject has escaped from custody and fled into a private

home.

2. Custody arrests shall not normally be made for a misdemeanor offense inside a

home unless authorized by a supervisor. However, the following misdemeanor

custody arrests inside a home shall be made and do not require a supervisor's

approval:

(a) The offense is committed in the officer's presence.

(b) Family Violence incidents. Officers shall comply with current Department

general orders regarding Family Violence.

3. Except as noted above, when a violation occurs in a private home or the person

flees into a private home, it is preferable for the officer or a citizen to file a

complaint and have warrants issued for the person's arrest.

4. Persons should not be arrested and charged with being intoxicated if they are on

their own property. Subjects may be arrested if they are creating a disturbance

on their own property and can be viewed by other persons, and the disturbance

cannot be ended in any other manner. However, if they are not creating a

disturbance and no other violation exists, no arrest shall be made.

(b) Felonies

1. Officers who are legally inside a private residence and observe a felony being

committed, or develop probable cause to believe a felony has been committed

and there is no time to get a warrant, may make an arrest.

2. Before officers forcibly enter a private home to arrest for a felony, they should,

whenever possible, obtain the approval of a supervisor and act only when the

supervisor is present.

3. When officers develop probable cause to believe a felony is being

committed inside a private home and a bona fide emergency exists (exigent

circumstances), they may enter to arrest the violator.

4. Officers in hot pursuit of a felony violator who flees into a private home may

enter to effect the arrest.

5. Officers receiving information that a felony violator is inside a private residence

(courts have held that this includes but is not limited to a home, apartment, or

hotel/motel room) may only enter and search for the violator when:

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(a) They are in possession of a valid search warrant for the location; or

(b) They have received consent from the person(s) in care, custody and

control of the location. Consent can be written or recorded electronically

with audio and/or video; or

to serious injury or death, or allow the violator to escape; or

(d) They have personally observed the felony violator enter the residence at

that time.

319.3.3 ADDITIONAL FELONY ARREST PROCEDURES

(a)

Most felony arrests require direct notification to the appropriate Investigative Unit.

(b)

Officers can make the notification by phoning the Investigative Unit during normal

business hours, the on-call detective after business hours, or the Unit's voice mail

line designated for such notification or the city email designated for that investigative

unit (e.g. [email protected]). Investigative Units will have a detective

available on-duty or on-call 24 hours a day if guidance is needed or they have specific

questions that need to be answered at that time (i.e. validity of arrest).

The arresting officer is responsible for consulting with their supervisor prior to

notifying any on-call detective after business hours.

Supervisors are responsible for ensuring the appropriate Investigative Unit is

contacted when necessary.

(c)

The Investigative Unit will:

Help ensure the validity of the arrest; and

Provide assistance with the appropriate wording of probable cause affidavit(s);

and

Respond to the crime scene, if necessary, to provide additional expertise.

(d)

For charges that will be direct filed, consultation with an on-call detective does not

replace the required review of arrest paperwork by Arrest Review.

319.4 SPECIAL CIRCUMSTANCES SURROUNDING ARRESTED PERSONS

319.4.1 IMPOUNDING VEHICLES

(a) If the owner/operator of a vehicle has been arrested, the vehicle shall be impounded

and preserved for evidence processing if it:

1. Is the instrument, fruit, or evidence of a crime; or

2. Contains an instrument, fruit or evidence of a crime.

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(b) If the owner/operator of a vehicle has been arrested but the vehicle is not needed for

evidentiary purposes, the arresting officer may impound the vehicle.

1. At the officers discretion, the vehicle may be released to a responsible person

present at the scene if the owner/operator requests it.

(a) The person taking custody of the vehicle must be in possession of a valid

driver's license and be capable of providing care, custody and control of

the vehicle.

(b) The identity of the person (name, DOB, driver's license, address) who

takes custody of the vehicle shall be noted in the officer's incident report.

that the subject will be released rather than booked into jail, a supervisor may authorize

the waiving of any applicable impound fee.

1. The supervisor will contact the authorized impound company and advise to

release the vehicle without charge.

2. The fact that the fee was waived, and the name and employee of the supervisor

authorizing the waiver, shall be documented in the officer's incident report.

319.4.2 CHILDREN IN CUSTODY OF ARRESTED PERSONS

When arrested persons have a child less than 17 years of age in their care, custody and control

at the time they are arrested, it is the responsibility of the arresting officer or a designated officer

on-scene to ensure the safe placement of the child.

(a) Whenever possible, officers should take reasonable steps to accomplish the arrest of

a parent or guardian out of the presence of a child.

(b) Officers shall first attempt to locate a competent adult, at the request of the arrested

party, to come and take custody of any children. Should a competent adult be located,

the officer shall:

1. Run a check for any protective order regarding the adult with whom placement

of the child/children is being considered.

2. Complete warrant and criminal history checks to ensure the child/children is not

being placed with a wanted or dangerous felon.

3. Contact Child Protective Services' Law Enforcement Number (the number is

available through APD Communications) and request a CAPS (Child/Adult

Protective Services) check be done to ensure the child/children is being placed

in a safe environment with no abuse history through CPS. The CPS worker

answering the phone will need the following information on the person with whom

you want to place the child:

(a) Name, address, and any other pertinent identifying information.

(b) The CPS worker will ask you for a phone number to call in order to verify

your identity and provide any history on the subject. Officers shall provide

the phone number for the Communications supervisor. (This process

should take approximately 10 minutes).

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4. Fully identify the person with whom the child/children is being placed and any

CPS related information in the incident report.

officer shall contact Victim Services to take custody of any children and assist with their

placement with Child Protective Services. Victim Services shall assume responsibility

for assistance in placing children as per agreements with Child Protective Services.

(d) Law enforcement officers in the State of Texas under the Family Code, Chapter B, are

given the same powers as Child Protective Services in the following situations:

1. Section 262.104: Taking possession of a child in an emergency without a court

order.

2. Section 262.110: Taking possession of child in an emergency with intent to

return home.

319.4.3 ANIMALS IN CUSTODY OF ARRESTED PERSONS

When prisoners have an animal with them at the time of their arrest and no responsible person is

available to take custody of the animal, it shall be taken to the City Animal Shelter for safekeeping

until the prisoner's release. Officers shall note in the incident report who took custody of the animal.

319.5 SPECIAL ARREST SITUATIONS

319.5.1 FOREIGN NATIONALS

Refer to General Order 330 (Interactions with Foreign Nationals).

319.5.2 FEDERAL AND STATE LEGISLATORS

Numerous federal and state legislators have offices within the City of Austin. During official

legislative sessions, including travel to and from sessions, senators and representatives are

immune from citations and arrest except for felonies and breaches of the peace.

(a) Officers shall notify their supervisor when enforcement action (e.g., arrest, citation) is

taken against a senator or representative.

(b) Supervisors shall ensure the Watch Lieutenant is notified.

319.5.3 TEXAS MILITARY PERSONNEL

A member of the Texas military forces enroute to or from active state military duty may not be

arrested except for treason, a felony or an offense involving a breach of the peace (Tex. Gov't.

Code § 437.223). For all other offenses, these persons may be issued a citation that does not

conflict with the member's duty hours as specified within this order.

319.6 CITIZEN'S ARREST

The purpose of this section is to provide guidance for handling arrests made by citizens pursuant

to state law.

319.6.1 CITIZEN ARREST AUTHORITY

A citizen may arrest another under the following circumstances:

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(a) When the offense is committed in the citizen's presence or view and the offense is one

classified as a felony or a breach of the peace (Tex. Code of Crim. Pro. art. 14.01).

(b) When there are reasonable grounds to believe property is stolen, a citizen may seize

the stolen property and the person suspected of committing the theft and bring the

person and the property before a magistrate or to a peace officer for that purpose

(Tex. Code of Crim. Pro. art. 18.16).

319.6.2 OFFICER RESPONSIBILITIES

Officers approached by a citizen making an arrest must determine whether there is probable cause

to believe that such an arrest would be lawful. Officers should not detain or restrain a subject

beyond that which reasonably appears necessary to safely investigate the matter and determine

the lawfulness of the arrest.

(a) When officers determine there is probable cause to believe the arrest is lawful, they

may exercise one of the following options as outlined by Department General Orders:

1. Take the individual into physical custody for booking; or

2. Release the individual pursuant to a field release citation.

(b) When officers determine there is insufficient arrest authority or that there does not

appear to be probable cause for a lawful arrest, they will promptly release the arrested

individual.

1. Officers should advise the parties that no arrest will be made at that time and

that the circumstances will be documented in an incident report. Officers will

document the basis of the release in the incident report.

2. If the citizen is the victim of a crime that does not have a warrantless arrest

authority and the person wants to file charges, officers should give the citizen

the incident number and the phone number for the Investigative Unit that will

perform any follow-up review.

319.7 ASSISTING OTHER AGENCIES

319.7.1 ASSISTING WITH OTHER AGENCIES WARRANT SERVICE

(a) Officers encountering or dispatched to assist out of city law enforcement agency

personnel or bail/bond apprehension agents with a warrant service shall contact a

supervisor and consult with them prior to ANY warrant service attempts.

(b) If granted permission to assist in the warrant service, officers shall follow all warrant

service guidelines outlined in this order including:

1. Contacting the Fugitive Apprehension Unit during business hours and/or

Communications to verify warrant status. Confirmation from the originating

agency that the warrant is valid must be obtained prior to taking official action.

2. Checking involvement on the address for prior warrant service attempts. Officers

shall not return to a location to serve a warrant where an attempt has been

previously made, unless additional information has been developed suggesting

the offender has/will return.

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1. Officers shall transport the subject to jail for booking and/or magistration in

accordance with CCP 15.16 and 15.17.

2. Warrant confirmation and any other warrant paperwork should be submitted with

the booking sheet.

3. Officers will not turn an arrested subject over to a bail/bond apprehension agent

under any circumstances.

(d) All warrant service attempts and arrests for out of city agency personnel or bail/bond

apprehension agents shall be documented as outlined in the warrant service section

of this order.

319.7.2 ARRESTS BY OTHER AGENCIES

When an arrest is made by another law enforcement agency within the confines of its

geographical jurisdiction and the Department is asked for assistance, necessary assistance will

be provided in compliance with Department General Orders governing relations with other law

enforcement agencies. All follow-up investigations, booking, and filing of complaints shall remain

the responsibility of the arresting agency.

(a) Under CCP Article 14.03(d) and (g), peace officers have statewide arrest authority

in many situations, even when outside the peace officer's jurisdiction. APD may be

called upon to take custody of a subject for any arrest made in the City of Austin by a

peace officer whose jurisdiction does not include the City of Austin:

1. APD officers shall handle the case complying with CCP 14.03(d) or (g).

2. The outside agency arresting officer is required to complete the necessary

supplemental reports.

3. Any arrest made by an off-duty officer from another jurisdiction that does not

meet the requirements of CCP 14.03 (d) or (g) shall be handled as a citizen's

arrest.

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Care and Transport of Prisoners

321.1 PURPOSE AND SCOPE

Department values mandate that persons taken into custody will not be abused, and the individual

rights of prisoners must be protected at all times. Until arrested persons are accepted at the

booking facility, their care and custody shall be the responsibility of the arresting/transporting

officers.

321.2 HANDLING PRISONERS

321.2.1 RESTRAINT GUIDELINES

(a) Suspects being arrested and transported in police vehicles shall be handcuffed or

otherwise restrained as described below:

1. Prisoners will generally be restrained with hands behind the back. If handcuffs

are used, they shall be double locked.

2. In case of advanced age, injury, physical disability, or other circumstances where

arrested persons are incapable of placing their hands behind their back, but

circumstances warrant restraint, the officer may:

(a) Use flex cuffs.

(b) Apply handcuffs with the hands to the front.

two officers should be used to transport the prisoner as safely as possible.

3. Unless it would pose a safety risk to officers, the arrested person, or the public,

officers should apply handcuffs to the front for arrested persons who are deaf

or hard of hearing and who request to use their hands to communicate. Such

communication may occur through sign language or written communication.

4. The use of an authorized waist chain, waist belt, or travel belt is authorized:

(a) At a prisoner processing center, which includes transport from the center

to the booking facility;

(b) By officers in a specialized unit, if the use is authorized by Standard

Operating Procedures;

(d) When authorized by a supervisor in cases where an officer feels an

arrested subject may:

1. attempt to escape,

2. resist transport to any location,

3. or the transport involves an unusual length of time or distance.

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4. The supervisor's name shall be noted in the offense report or

supplement. For this section, Corporals may grant approval.

5. Officers shall adhere to General Order 204 (Leg Restraint Device) for guidelines

on using an authorized waist chain, waist belt, or travel belt.

6. Officers may purchase, at their own cost, a waist chain, waist belt, or travel belt

that has been approved by the Equipment Committee.

7. Restraints should be drawn to a secure fit but not so tight as to cause a restriction

in blood flow.

(b) Officers shall not:

1. Use restraints to punish, display authority, or as a show of force.

2. Secure a person to any part of a vehicle.

3. Direct EMS, fire department personnel, or other medical professionals to apply

a particular course of treatment for a subject to be chemically restrained by the

administration of any type of anesthetic (i.e. Ketamine, Haldol, etc.).

321.2.2 SEARCHING PRISONERS

Officers shall adhere to General Order 306 (Search and Seizure) when conducting searches.

321.2.3 WARNING ABOUT POSITIONAL ASPHYXIA

Positional asphyxia occurs when the physical position of the body interferes with normal

respiration. Such a position can be induced by the use of one or more restraints. Officers in control

of a restrained person must be alert to the physical position of the person in order to minimize the

possibility of positional asphyxia.

321.3 TRANSPORTING ARRESTED PERSONS

The law imposes a duty of care on the transporting officer to protect prisoners from injury.

321.3.1 GENERAL GUIDELINES

(a) Any vehicle used to transport prisoners shall be searched for weapons and contraband

at the beginning of a tour of duty, before and after each prisoner transport, and at the

end of a tour of duty.

(b) All prisoners shall be seatbelted and placed in an upright position while in a police

vehicle.

disposal or destruction of contraband, and/or attack on the transporting officer.

(d) Safety Barrier:

1. When a vehicle is equipped with a safety barrier, the prisoner shall always

be transported within the confines of the safety barrier. Officers shall position

prisoners in the passenger side rear seat so they can be observed through the

rear view mirror.

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2. If the vehicle is not equipped with a safety barrier, a single prisoner shall be

placed in the front seat where the transporting officer can maintain observation

and control of the prisoner.

(e) Once secured in the vehicle, prisoners should not be allowed to talk with anyone other

than police or medical personnel.

(f) While transporting a prisoner in a vehicle equipped with an MAV device, officers shall

have the rear seat camera activated, or the front camera activated and faced toward

the prisoner.

(g) Prisoners will be transported without unnecessary delay. Officers shall use the MDC

to change their status when transporting prisoners to a jail/detention facility or police

station, and again upon arrival.

(h) While transporting prisoners, officers shall not respond to any calls for service or

initiate any enforcement action unless it is a situation where risk of serious bodily injury

or death to a third party is imminent and the risk to the prisoner is minimal. Officers

shall notify the dispatcher of any incident that may require a police response.

321.3.2 SPECIAL SITUATIONS

(a) Officer/Prisoner of Opposite Gender, or Juveniles

1. When transporting prisoners of the opposite gender, prisoners known to the

officer to be transgender or whose gender is undetermined, or juveniles, the

transporting officer shall notify the dispatcher of the:

(a) Intended destination and beginning odometer reading to the nearest tenth

of a mile; and

(b) Ending location and odometer reading to the nearest tenth of a mile upon

arrival at the intended destination.

(b) Violent or Mentally Disturbed Persons

1. To reduce the risk of injury to transporting officers and other prisoners, only one

violent or mentally disturbed prisoner will be transported per vehicle at a time.

No other prisoner will ride in the same vehicle with a violent or disturbed person.

1. Transporting of the ill, the injured, or prisoners with a disability should be

done with the officer's safety and the physical comfort of the prisoner in mind.

Circumstances may require that the arresting officer transport the prisoner by

EMS, prisoner transport van, or by a specially designed vehicle that can be

requested through City or commercial entities. At least one officer will ride with

the prisoner in the EMS unit or other designated transport unit. A second officer

will follow the prisoner transport vehicle in a police vehicle.

(a) Under extraordinary circumstance and with supervisory approval the

officer may follow in a police vehicle in lieu of an officer riding in the

ambulance. The supervisor will document the justification in a supplement

to the report.

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2. Each circumstance should be considered on an individual basis; prisoners shall

not be allowed to retain any instrument that could be used as a weapon against

the transporting officer.

3. Ill or injured prisoners in custody of an officer should be restrained, if possible,

to prevent escape or to prevent injury to officers or medical personnel.

(a) The officer will consider the prisoner's special circumstances before

applying any restraining device.

(b) The prisoner should not be restrained in such a way that proper medical

attention is prevented.

4. If medical personnel request removal of restraining devices to treat an injured

prisoner, the restraints will be removed.

(a) The custodial officer shall always remain with the prisoner unless directed

to depart from a treatment area by medical personnel for treatment

purposes.

(b) The officer shall remain nearby to prevent violent acts or escape.

the jail nurse. Only use EMS to transport from the jail to the hospital

or other type of facility when it is medically necessary (e.g. high blood

pressure, chest pains, etc.). Do not utilize EMS if the refusal to the jail is

for reasons that do not require EMS.

(d) Spit Hoods

1. Spit hoods are safety hoods used to prevent contaminants from being

transmitted by a prisoner or detainee.

2. Spit hoods should be used when dealing with prisoners or detainees that have

attempted or threatened to bite or spit.

3. Officers shall ensure that the spit hood is properly fitted and secured.

4. Medical personnel may remove the spit hood as needed.

321.3.3 ESCAPE

(a) In the event an escape occurs while transporting a prisoner, the officer shall

immediately notify the dispatcher and request assistance. The officer should provide,

at a minimum, the following information:

1. Complete physical description;

2. Direction and method of travel;

3. If any weapons and/or accomplices were used to effect the escape; and

4. The nature of the offense which resulted in the original arrest.

(b) A supervisor shall be notified.

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measures:

1. Establishing a perimeter.

2. Requesting canine.

3. Requesting air support.

4. Notifying surrounding agencies, if appropriate.

(d) The officer shall complete all necessary incident reports to ensure the preparation of

an arrest warrant if the prisoner is not located.

321.4 PRISONERS REQUIRING MEDICAL ATTENTION

The intent of the Department is to quickly provide each ill or injured prisoner with medical attention.

Prisoners shall be treated for injuries before being booked into jail. This includes subjects who

have been subjected to Response to Resistance techniques. (Refer to Chapter 2 on Response

to Resistance General Orders).

321.4.1 MEDICAL ATTENTION PRIOR TO BOOKING

(a) Officers shall either request EMS or transport a person to an appropriate medical

facility when any of the following criteria are present:

1. Large lacerations (greater than one inch in length), which are less than 12 hours

old.

2. Actively bleeding lacerations (greater than 3/4 inch).

3. Obvious deformity of bones of the extremities, or open fractures.

4. Swelling to the face to the extent vision/breathing is difficult or impaired.

5. Possible heart attacks. Symptoms of heart attacks would include the chest pains,

pain extending down the left arm, and/or difficulty breathing.

6. Alcohol or drug intoxication to the extent that the prisoner is unconscious.

7. Any condition in which the prisoner cannot move their extremities.

8. Neck pain following an auto collision.

9. Overdoses.

(b) Unconscious persons:

1. Unconscious persons will not be transported to a jail facility. Officers shall

request EMS to respond to the scene for examination, treatment and/or

transport.

2. Prisoners who become unconscious during regular transport will be taken to the

nearest medical facility, or officers will request EMS to respond to their current

location (whichever is the most expeditious).

be transported to the booking facility.

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1. If an individual refuses medical treatment/transport, the refusal should be

witnessed by another officer and/or medical personnel and fully documented in

the incident report. Whenever practicable, such refusal should be captured by

audio/video recording.

2. Officers will provide the intake jail nurse with EMS attendants' names and

numbers for future reference.

(d) Prisoners transported by EMS will be accompanied by an officer inside the

ambulance. At least one officer will ride with the prisoner in the EMS unit or other

designated transport unit. A second officer will follow the prisoner transport vehicle in

a police vehicle.

1. Under extraordinary circumstance and with supervisory approval the officer may

follow in a police vehicle in lieu of an officer riding in the ambulance. The

supervisor will document the justification in a supplement to the report.

321.4.2 HOSPITAL GUIDELINES

Once at a hospital, prisoners will be guarded by the transporting officer until treated and released

by a physician or admitted for medical attention. Under NO circumstances will officers release

and/or leave unguarded prisoners who are violent or who officers have reason to believe may

become violent.

(a) Medial Release from Hospital

1. Once released from the hospital, prisoners will be transported to the jail along

with the proper discharge documentation.

2. The jail will require documentation to show that prisoners have received/refused

medical attention from the hospital.

3. The jail nurse/medical officer should be briefed on prisoners' injuries and

subsequent treatment/refusal.

(b) Admittance to Hospital

1. In circumstances where prisoners are arrested on for non-violent offenses and

there is no reason to believe the prisoner will become violent, a supervisor

may authorize the prisoner's release if the prisoner is being admitted into the

hospital. Prisoners will not be released from custody if they are under arrest for

an offense involving violence or have outstanding warrants higher than a Class

C Misdemeanor.

2. Prisoners may be released from custody provided there is sufficient identifying

information available to obtain a warrant and meet the following criteria:

(a) Felony Offense

1. All Charges, other than direct file narcotic related charges, require

authorization to release from the:

(a) Investigative unit responsible for the highest charge, and

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(b) on duty Patrol Lieutenant over the area where the subject was

arrested; or, if unavailable, any on duty Patrol Lieutenant.

2. Narcotic related charges, that can be direct filed, only requires

authorization from the on duty area Patrol Lieutenant; or, if

unavailable, any on duty Patrol Lieutenant.

(b) Class A and B misdemeanors arrests require authorization from a

sergeant or above. Corporals, only when in the capacity of acting

sergeant, may grant authorization for release and only for their immediate

subordinates.

may be issued a misdemeanor citation. If the prisoner refuses to sign the

citation, a notation will be made on the signature line that the person was

admitted to the hospital and refused to sign. Municipal Court can file the

case based upon the citation.

(d) On public intoxication arrests where prisoners are under arrest solely

for public intoxication and have been taken to the hospital, officers may

request a supervisor after four hours from the time of arrest to determine

if continued custody is required.

1. If the supervisor determines that the prisoner is no longer intoxicated

to the extent that they are a danger to themselves or to others,

release may be authorized.

2. If the prisoner is released, supervisors will complete a supplement

to the incident report detailing their assessment and authorization

for release.

3. When a prisoner is authorized for release under this order, the arresting officer is

responsible for completing all necessary paperwork as if the charge was being

direct filed and forwarding that paperwork to the investigative unit responsible

for the charge.

4. Prisoners not authorized or approved for release and admitted to the hospital

shall be guarded until they are magistrated as follows:

(a) 10 PM until 7 AM (Monday-Friday)- By an officer from the patrol area in

which the arrest was made. The on-duty lieutenant or designee for that

area is responsible for scheduling patrol officers to guard the prisoner

during these hours.

(b) 7 AM until 10 PM (Monday-Friday)- By the Investigative Unit responsible

for the highest arrest charge of the case.

1. The Investigative Unit supervisor is responsible for scheduling

detectives to guard the prisoner during these hours.

2. The responsible Investigative Unit will have the prisoner magistrated

as soon as possible and notify the appropriate jail facility so they can

begin guarding the prisoner.

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region in which the arrest was made, unless the investigative unit

responsible for the highest arrest charge of the case has detectives

assigned to an on-call status that can be called in to relieve the patrol

officer and have the prisoner magistrated.

1. The on-duty lieutenant or designee for that region is responsible for

scheduling patrol officers to guard the prisoner during these hours,

and to contact the unit responsible for the highest arrest charge for

assistance.

2. If the investigative unit responsible for the highest arrest charge

has detectives assigned to an on-call status, then the investigative

unit supervisor is responsible for scheduling detectives to guard the

prisoner during these hours.

(d) No visitors shall be admitted while the prisoner is being guarded.

(e) Officers guarding a prisoner shall always keep them in sight unless a

medical procedure requires otherwise.

(f) Supervisors shall rotate guard assignments at least every four hours.

321.4.3 PRISONERS EXHIBITING SYMPTOMS OF CONTAGIOUS DISEASE

(a) Officers arresting persons with outward signs of contagious disease, or who complain

of known infections or disease, will isolate the prisoner from others.

1. EMS shall be called to determine the prisoner's condition.

2. Prisoners requiring medical attention as a result of the disease shall be

transported by EMS.

3. After taking appropriate health safety precautions, officers shall follow the

Hospital Guidelines outlined in this order.

(b) Officers taking prisoners to the Travis, Hays, or Williamson County jail facility who are

known to have a contagious disease or who are exhibiting symptoms of a contagious

disease will notify the jail supervisor immediately upon entering the facility.

321.5 HANDLING OF PRISONERS AWAY FROM JAIL AREA

(a) When signing out prisoners from any jail or correctional facility for any purpose,

Department personnel shall:

1. Ensure the prisoner they are taking into custody is positively identified; and

2. Determine if there are any security or safety issues associated with the prisoner

(e.g., escape risk, history of violence, medical problems).

(b) Department personnel removing a prisoner from the jail or correctional facility for any

purpose shall sign the prisoner out and will be responsible for the return of the prisoner.

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1. Department personnel will ensure the prisoner is thoroughly searched for

weapons, contraband, or items that might be used as implements of escape

prior to returning them to the custody of jail or correctional facility personnel.

the crime or any other location to continue their investigations are responsible for the

safe transport of that prisoner.

(d) Wherever the prisoner is taken, the officer having custody will be responsible for

ensuring that no weapon, and/or instrument that could be used as a weapon or

implement of escape is accessible to the prisoner.

(e) Department personnel shall, whenever possible, avoid walking a prisoner who is not

handcuffed through crowded hallways or other public areas.

(f) Prisoners may be taken to public bathrooms only after the area has been checked for

weapons and cleared of other persons. Employees shall accompany prisoners and

keep them under visual observation at all times.

(g) Anytime Department personnel accompany a prisoner to court and that prisoner is

considered a security hazard, the judge shall be notified.

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Booking and Arrest Review

323.1 PURPOSE AND SCOPE

This order outlines the booking and arrest review guidelines.

323.2 BOOKING GUIDELINES

323.2.1 SECURING WEAPONS

Officers shall abide by all orders, procedures and any required security safeguards regarding

weapons or implements of escape when conducting any type of business (e.g., booking, prisoner

transport, interview) at any correctional/detention facility.

(a) Firearms, ammunition, TASER Devices, batons, flashlights, knives, OC spray and any

other personal equipment that could be used as a weapon shall be secured in the

police vehicle or the provided lock boxes prior to entering the booking facility.

(b) Officers shall ensure the shotgun in the police vehicle is securely locked in the rack

or trunk of their police vehicle.

323.2.2 BOOKING PRISONERS

(a) Officers shall ensure that jail personnel are advised of any security or safety risk

presented by the prisoner (e.g., escape risk, history of violence, medical problems).

(b) Prisoners shall remain handcuffed until the booking process begins. After receiving

approval by a jail intake officer, APD officers will relinquish custody to jail personnel.

enter the confinement area of the jail.

(d) Officers shall complete all required County Sheriff's Office booking and arrest

documentation.

(e) Once the booking process is complete, all completed booking paperwork shall be

submitted to the booking desk personnel.

(f) On all APD warrants containing a Detective Notification Form, the arresting officer

shall notify the detective in the manner indicated on the form.

(g) Officers will write a supplement if they transport a subject to jail or if otherwise required

by general orders (i.e. Response to Resistance) unless the Officer is operating a

prisoner transport vehicle in which they are expected to conduct multiple transports

1. When the Officer is operating a transport vehicle, in lieu of a supplement the

officer shall enter a note in their CAD history noting the name and DOB of the

person being transported, their starting point, and their destination.

323.3 DIRECT FILING CHARGES AND ARREST REVIEW APPROVAL

Officers shall not circumvent this process when booking a subject into jail.

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323.3.1 DIRECT FILING CHARGES

All required arrest paperwork (e.g., direct file probable cause affidavits/complaints, EPO) shall be

reviewed by Arrest Review. Except when at Travis County Central Booking, this review may be

made by phone, email or fax from the jail facility where booking occurs.

(a) Travis County

1. Officers shall prepare the required arrest paperwork and direct file each

misdemeanor and felony charge unless directed not to by a Detective. In those

instances, the Detective shall follow-up and file appropriate charges within 24

hours (misdemeanors) and 48 hours (felonies). The arresting officer shall note

the Detective's name in the incident report and advise Arrest Review of the

Detective who has taken responsibility for filing charges.

(b) Williamson or Hays County

1. Charges must be filed when the prisoner is booked.

323.3.2 ARREST REVIEW

(a) The Arrest Review Unit will work with the officer to make certain the affidavit/complaint

articulates the required probable cause for the charges filed.

(b) If Arrest Review does not agree with an arrest as originally made, the officer shall work

with the Arrest Review Unit to determine the appropriate charge(s).

1. In cases of dispute over the probable cause of an arrest or charge(s) filed, the

arresting officer's supervisor shall be contacted and is responsible for resolving

the dispute.

2. The arresting officer's supervisor shall make the final decision on the charges

or whether to release the arrested person.

officer that a detective from the appropriate Unit was notified. If required, the arresting

officer will place a copy of the incident report and probable cause affidavit/complaint

in the Investigative Unit's tray at Arrest Review or at the appropriate substation.

(d) Arrest Review shall ensure probable cause affidavits/complaints that are rejected by

the reviewing magistrate are corrected to the extent possible to avoid the release of

a prisoner before charges can be filed.

323.3.3 MAKING MODIFICATIONS TO AN ARREST

When an officer discovers that charges need to be changed or dropped, or that additional charges

need to be added after a prisoner has been booked into jail, the following procedures shall be

followed prior to a probable cause affidavit being signed by a judge:

(a) Travis County

1. If officers are still at Arrest Review, they shall fill out the "Charge Status Report"

and/or "Additional Charges" form and submit the form(s) to the Arrest Review

detective. Officers shall make the appropriate changes to their reports.

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2. When a detective who has been assigned a felony discovers a modification is

in order, they shall use the electronic mail system to order the change.

(b) Williamson or Hays County

1. Officers shall go to the jail booking desk and correct/change the charges on the

arrest report (booking sheet). They shall make the appropriate changes to their

probable cause affidavit and reports.

2. When a detective who has been assigned a case discovers a modification is

necessary, the detective shall call the appropriate office for the County Attorney

or District Attorney for specific instructions. For documentation purposes, an

updated report shall be faxed to the appropriate County or District Attorney's

Office and to the jail's booking desk.

(a) In Williamson County, the county attorney prosecutors handle all juvenile

crimes (felony and misdemeanor), all protective orders, CPS and

Department of Family and Protective Services cases.

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Police Observer Program

324.1 PURPOSE AND SCOPE

This order provides guidelines for the Police Observer Program. The Police Observer Program

provides an opportunity for eligible citizens to experience how the Department works first hand.

324.1.1 CITIZEN OBSERVERS

The Austin Police Department Police Observation Program is offered to eligible citizens who desire

to ride as observers in an APD police vehicle during an officer's patrol shift or duty hours. An

applicant may be declined or disqualified from participating for a number of reasons, including but

not limited to the following reasons:

(a) Outstanding warrants of any type.

(b) Having a conviction for being under indictment for, or currently charged with any felony

offense.

(d) Having a history of or conviction for Family Violence.

(e) Having been convicted for a class A Misdemeanor with the last ten (10) years.

(f) Having been convicted for a class B Misdemeanor within the last five (5) years.

(g) Having a driver's license or ID card suspension for any reason that indicates poor

driving behavior or responsibility to comply with State laws; up to five (5) years from

the time of suspension to application. This does not include suspensions resulting

from MIP violations.

(h) Having a driver's license or ID card that is currently classified as a habitual violator.

(i) Applicant is a suspect of a crime while such case is being investigated by this

Department or prosecuted as a result of such an investigation.

(j) Applicant is a known associate of a convicted felon.

(k) Applicant is a known member of or associated with any person or organization which

advocates hatred, prejudice, or oppression of any person or group or which

disseminates such material.

(l) Applicant is a known member of or associated with any

organization, association, movement, or group which advocates the commission of

acts of force or violence to deny others their rights under the Constitution of the

United States or which seeks to alter the form of government of the United States by

unconstitutional means.

(m) Any other indications of criminal history or criminal involvement will be evaluated on a

case by case basis and must receive approval of an on duty lieutenant or appropriate

commander.

(n) Persons under the age of eighteen (18) shall not be permitted to ride as an observer

in a police unit unless prior approval has been granted by the Chief or designee; or

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they are participating in the APD Explorer Program and have met the requirements of

the APD Explorer Unit SOPs as outlined in (s) below.

(o) Citizens may only ride once per calendar quarter unless otherwise approved by the

appropriate commander; however, City Council members and personnel from the City

Manager's Office may ride more than once per calendar quarter provided they comply

with the rest of this order.

(p) Persons who have a pending lawsuit against the Department shall not be allowed to

ride as an observer while the lawsuit is active.

(q) For staffing and operational issues, supervisors may decline to have an observer ride

on a particular shift; if the observer is otherwise approved to participate, supervisors

will make every effort to assign the observer to another shift or to reschedule the

observer for a future time.

(r) Participation may be terminated by an officer at any time because of the unacceptable

behavior of the observer. In such a case, the officer shall immediately notify a

supervisor about the situation.

(s) Members of the APD Explorer Program may ride at the age of 16 if they meet the

requirements of the APD Explorer Unit SOP's.

1. If for any reason the assigned officer feels it is in the best interest of the APD

Explorer or the department, they can terminate the observation period at any

time. Any early release of an APD Explorer should be reported as soon as

practical to the post officer or advisor.

324.1.2 DEPARTMENT EMPLOYEE OBSERVERS

(a) On-duty civilian employees may ride as an observer with the approval of their

supervisor and the appropriate lieutenant or designee. The Police Observer

Information Form is not required.

(b) Off-duty civilian employees riding as an observer will comply with this order except

they are not required to list their address on the Police Observer Information Form. Off-

duty employees are not allowed to ride more than once per calendar quarter without

the approval of the appropriate commander.

leave, during a suspension, or while under administrative or criminal investigation.

324.1.3 OBSERVERS FROM OTHER LAW ENFORCEMENT AGENCIES

Sworn and civilian employees from other law enforcement agencies may ride with on-duty APD

employees only if they are engaged in active operations with our department (e.g., training,

familiarization) and the request has been approved by an assistant chief or designee. If such

officers desire to ride merely as off-duty police observers, they must comply with regulations set

out in this order as a citizen observer.

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324.1.4 MEDIA OBSERVERS

(a) Media observers must be coordinated through the APD Public Information Office

(PIO).

(b) Media observers will abide by all rules and regulations for police observers.

working members of the media concerning access to restricted areas.

324.2 POLICE OBSERVER REQUESTS

Unless otherwise exempted by this order, all participants of the Police Observer Program shall

complete the Request for Approval to Ride in an APD Unit section of the Police Observer

Information Form [PD0094] in its entirety. This form also includes the guidelines all observers are

required to follow.

(a) Generally, police observer requests shall be scheduled by the administrative staff of

the Region in which the person wishes to ride.

(b) Employees contacted by a member of the public wishing to ride as an observer should

provide the person with the administrative phone number of the appropriate Region.

applicant and advise them of the denial.

(d) Persons participating in this program as the guest of an officer must comply with this

order and the guidelines established on the Police Observer Information Form.

1. Officers shall have the guest observer complete the Police Observer Information

Form and forward it to their supervisor for approval.

2. Supervisors shall forward the form to the appropriate administrative staff for

filing.

324.2.1 PROCESSING POLICE OBSERVER REQUESTS

(a) Approving Police Observer Request Forms

1. Administrative staff or supervisors receiving a completed Police Observer

Information Form shall:

(a) Review the form for completeness, including signature and date.

(b) Conduct all required checks and document the results on the Police

Observer Information Form:

1. Does not have any active warrants (NCIC, TCIC and local); and

2. Does not have a criminal history, Versadex or CopLink involvement

that meets the disqualifying criteria outlined in Section 324.1.1; and

3. Is not banned from being an observer:

(a) Banned observers are identified in the Police Explorer

database located in SharePoint at APD Main SharePoint/

Patrol Ops/Police Observer Log.

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(b) Banned observers requesting more information concerning

their ban should be referred to the appropriate commander.

2. Administrative staff who process the Police Observer Information Forms shall

forward the completed packet to the appropriate supervisor after scheduling the

observation date and time with the observer.

3. Administrative staff will send the assigned Sergeant and Corporal an email with

the name of the observer and the observation date and time to ensure the

Supervisor has knowledge of the scheduled rider.

(b) Day of Police Observation

1. Supervisors are additionally responsible for:

(a) Assigning the observer to an officer if the assignment has not been made;

and

(b) Ensuring the observer is in compliance with the guidelines outlined in the

Police Observer Information Form .

supervisor must have the Police Observer Information Form signed by an

on-duty lieutenant.

2. Upon completion of the observation, the Police Observer Information Form shall

be forwarded to the appropriate administrative staff for entry into the Rider

Database.

324.2.2 RULES AND REGULATIONS FOR POLICE OBSERVERS

(a) If observers violate any of the guidelines outlined in the Police Observer Information

Form, or their behavior prevents officers with whom they are riding from doing their

job effectively, the following will occur:

1. Prior to the riding period - The observer shall be advised by the assigned

supervisor or officer that they are not permitted to ride until they are in

compliance. Supervisors may require the observer to reschedule if they cannot

comply with the guidelines.

2. During the riding period - The observer shall be returned to the APD facility where

the supervisor may either immediately terminate the riding session or allow the

rider to finish that session if the problem can be readily corrected.

(b) If the problem cannot be corrected:

1. The officer to whom the observer was assigned shall complete a memorandum

detailing the actions of the observer. The memorandum shall be forwarded

through the chain-of-command to the appropriate commander.

2. If a supervisor finds cause that an observer should be banned, the supervisor

shall complete a memorandum detailing their findings. The memorandum shall

be forwarded through the chain-of-command to the appropriate commander.

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3. Commanders or their designee shall make the determination as to whether or

not the observer should be banned from further rides with the Department and

the duration of the ban, if imposed. If the determination is made that a ban should

be imposed, commanders or their designee shall advise the administrative

staff to update the Rider Database with the duration of the imposed ban. The

memorandum and rider forms shall be maintained for a minimum of three (3)

years or the duration of the ban, whichever is longer.

324.3 OFFICER RESPONSIBILITIES

(a) Officers shall advise the dispatcher that a participant in the Police Observer Program

is present in the vehicle before going into service. Officers shall consider the safety

of the observer at all times.

(b) Officers should use sound discretion when encountering a potentially dangerous

situation. The dispatcher shall be advised of the situation and, if necessary, may have

another police unit respond to pick up the observer. Participation may continue with

another officer or the ride may be terminated and the observer returned to the APD

facility where the ride initiated.

324.4 CONTROL OF POLICE OBSERVER

Officers shall maintain control over observers and instruct them in the conditions that will limit the

observers' activity. This includes, but is not limited to, the following:

(a)

Observers shall follow the officer's directions. Officers may return observers to the

original APD facility if observers interfere with the performance of any duties.

(b)

Observers shall not become involved in any investigation, handling of evidence, or

discussions with victims or subjects.

(c)

Observers shall not handle any police equipment unless instructed to do so by an

officer.

(d)

Observers may be allowed to continue riding during the transportation and booking

process provided this does not jeopardize their safety. Officers and observers shall

follow all booking facility (e.g., TCSO, WILCO) guidelines.

(e)

Officers shall not allow any observer into a private residence without consent of

the individual in control of the property unless there is an emergency or exigent

circumstances exist.

(f)

Officers shall not allow observers to be present in any situation that would jeopardize

their safety or cause undue stress or embarrassment to a victim or any other citizen.

324.5 RESTRICTIONS

(a) Department Tactical Alert

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1. The Police Observer Program will be suspended when a Department-wide

Tactical Alert has been implemented.

2. Administrative Staff will notify the scheduled observer of the cancelation as soon

as practical. The observer will be rescheduled at the earliest convenience of the

Department and the observer.

(b) Special Event

1. At the discretion of the Region Commander the Police Observer Program may

be suspended during Special Events.

2. Administrative Staff will notify the scheduled observer of the cancelation as soon

as practical. The observer will be rescheduled at the earliest convenience of the

Department and the observer.

3. The following events, although not comprehensive, may be considered under

this section.

(a) New Year's Eve

(b) Mardi Gras

(d) Texas Relays

(e) X-Games

(f) Republic of Texas Motorcycle Rally

(g) Independence Day

(h) Austin City Limits Music Festival

(i) Formula 1

(j) Halloween

1. Observers should not be scheduled with a DTAC Officer assigned to walking

beat without approval of the DTAC Commander.

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News and Media Relations

326.1 PURPOSE AND SCOPE

The purpose of this order is to seek a balance between permitting the free flow of information to

the public and the media while protecting both the prosecution's case and the rights of the accused

from possible prejudicial publicity. Public information and positive media relations are an integral

part of the operation of any public service agency and APD is no exception. Most citizens have little

contact with law enforcement and their opinions of the police are often formed by our Department's

portrayal in the media. The release of public information and maintenance of good media relations

is a crucial element of APD's mission. Employees must maintain a good rapport with the public

and the media and deal with them in a courteous manner. The media has a legitimate function in

our society and the public trust of the police can be enhanced through media relations.

APD is committed to informing the community and members of the news media of events that are

handled by, or involve, the Department. Employees will cooperate fully in meeting the relevant

information needs of the public and the news media. Every reasonable effort should be made to

obtain requested information, so long as the release of that information conforms to federal and

state laws, and follows established Department guidelines.

326.2 RELEASE OF PUBLIC INFORMATION

APD's Public Information Office (PIO) is responsible for collecting police information and then

fairly, equitably and efficiently disseminating it to the public and media. PIO's primary function is

to act as a liaison between the public, the news media and the Department and to coordinate all

of the Department's release of public information.

During regular weekday business hours, PIO personnel will respond to the scene as determined

by PIO. After office hours the on-call PIO will coordinate with the ranking on-scene officer and

make the determination if PIO needs to respond. If the on-call PIO does not respond to the scene,

they will send pager notification to the media with information about the incident. The ranking on-

scene officer will be responsible for media interviews at the scene.

326.2.1 MEDIA REQUEST GUIDELINES

Any media request for information or access to a law enforcement situation shall be referred to the

designated PIO representative, or if unavailable, to the ranking on-scene officer. Prior to releasing

any information to the media, employees shall consider the following:

(a) Employees releasing information will ensure that the information is releasable and

sheds a positive light on the City, APD and the law enforcement community.

Information of a controversial nature will be directed to the PIO.

(b) In situations involving multiple law enforcement agencies, every reasonable effort

should be made to coordinate media releases with the authorized representative of

each involved agency prior to the release of any information by this department.

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to the media regarding any law enforcement incident not involving this department

without prior approval of the Chief of Police.

Media personnel are not exempt from any federal or state law, or any local ordinance and will be

treated in the same manner as any other person violating the law.

Employees who encounter issues with the media should initiate a memorandum through their

chain-of-command to the PIO Commander clearly outlining the situation and identifying, if

possible, those involved.

326.2.2 OTHER METHODS OF PUBLIC INFORMATION RELEASE

(a) Austin Warning and Communications System (AWACS)

1. A City alphanumeric pager system designed to provide a rapid method of getting

emergency information to the public through the media. It also can be used to

provide the media with information about other newsworthy events.

(b) News Releases and News Conferences

1. Written information released by the Department for the media will be coordinated

by PIO. News releases will be emailed to news organizations. In addition, press

conferences will be coordinated by PIO. Notification of news conferences will be

done through news releases, "ring downs", or by AWACS.

1. Media interviews with an employee may be arranged through PIO or directly

with the employee.

(a) Employees contacted directly by the media and who have questions or do

not want to provide an interview can refer the media representative back

to PIO; or

(b) Employees contacted directly by the media and who want to provide an

interview will:

1. Notify their supervisor if the interview is regarding an open or

ongoing investigation and request approval before conducting the

interview; and

2. Notify PIO either before or shortly after the interview.

(d) Police Records

1. Copies of police and crash reports must be purchased from APD's report sales.

326.3 MEDIA ACCESS

Authorized members of the media shall be provided access to scenes of disasters, criminal

investigations, emergencies and other law enforcement activities subject to the following

conditions:

(a) The media representative shall produce valid press credentials that shall be

prominently displayed at all times while in areas otherwise closed to the public.

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(b) Media representatives will not be allowed to interfere with emergency operations and

criminal investigations. Media personnel may not resist, obstruct or otherwise interfere

with an officer in the lawful execution of their duty. However, the mere presence of a

member of the media, the taking of pictures or the asking of questions does not, in

itself, constitute unlawful interference.

1. Reasonable effort should be made to provide a safe staging area for the

media that is near the incident and that will not interfere with emergency or

criminal investigation operations. All information released to the media should

be coordinated through PIO or other designated spokesperson.

2. Whenever the presence of media or other aircraft pose a threat to public or

officer safety or significantly hampers incident operations, the field supervisor

should consider requesting a Temporary Flight Restriction (TFR). All requests for

a TFR should be routed through the Watch Lieutenant. The TFR request should

include specific information regarding the perimeter and altitude necessary for

the incident and should be requested through the appropriate control tower. If

the control tower is not known, the Federal Aviation Administration should be

contacted (14 CFR § 91.137).

the consent of the involved employee.

(d) Media interviews with individuals who are in custody shall not be permitted without the

approval of the PIO Manager, Investigative Unit supervisor and the expressed consent

of the person in custody.

(e) Media access to working areas of the Department shall be coordinated through PIO

and should extend only for the length of time necessary to achieve a specifically

approved objective of the media.

A tactical operation should be handled in the same manner as a crime scene, except the news

media should be permitted within the outer perimeter of the scene, subject to any restrictions

as determined by the supervisor in charge. Department members shall not jeopardize a tactical

operation in order to accommodate the news media. During the tactical operation, all comments

to the media shall be coordinated through a supervisor or PIO.

326.4 SCOPE OF INFORMATION SUBJECT TO RELEASE

Requests for information shall be handled as follows:

(a) Open Records Requests - General Order 116 (Security and Release of Records and

Information) deals with the release of information in the form of an Open Records

request. Employees receiving an open records request should contact the Open

Records Coordinator in Central Records. Public and/or media requesting information

not contained in the public portion of police reports may file an open records request

with the Department.

(b) Juvenile Information - At no time shall identifying information pertaining to a juvenile

arrestee, victim or witness be publicly released without prior approval of a competent

court.

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1. Mug shots of adult arrestees are subject to public release unless the release

would interfere with law enforcement interests or hinder investigative efforts. All

mug shots of adult arrestees are publicly released automatically through the

online APD Booking Photo Database Search 13 days after date of arrest.

2. Mug shots and photos of juvenile arrestees are confidential and will not be

released without a court’s approval.

(d) 9-1-1 Tapes or In-Car Video Tapes - Requests for APD 9-1-1 recordings need to be

submitted in writing. Media requests for these recordings should be sent through the

open records coordinator assigned to PIO.

(e) Identities of Deceased Persons - In death investigations, the name of the deceased

shall not be released by an employee until Victim Services or the Medical Examiner's

Office has had a reasonable time to notify the next-of-kin. What constitutes a

"reasonable time" will vary depending upon the circumstances of each case. Public

release of the name of the deceased will be made through PIO or the Medical

Examiner's Office.

(f) Arrest Information - By law, the public and/or media has access to the following

arrest information:

1. Arrestee's name, age, race, sex, occupation, alias, department identification

number, and physical condition;

2. Location of arrest;

3. Names of the arresting officers;

4. Charges filed and the court in which it is filed (if known); and

5. The date and time of the arrest.

(g) Internal Affairs (IA) Investigations - Information regarding an internal investigation

is confidential and will be released through PIO only after authorization by the Office of

the Chief. Premature and/or unauthorized statements made concerning confidential

information is a violation of Department General Orders and may have an adverse

effect on, or seriously jeopardize, an investigation. Only the IA Commander, and/or

PIO personnel may confirm:

1. An internal investigation is being conducted;

2. The name of the employee involved; and

3. The nature of the allegation or incident.

(h) Statistical Information - Media requests for statistical data should be coordinated

and released through PIO.

(i) Media Riders - Media riders must be coordinated as outlined in General Order 324

(Police Observer Program).

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326.4.1 RESTRICTED INFORMATION - GENERAL

It shall be the responsibility of the authorized employee dealing with media requests to ensure

that restricted information is not inappropriately released to the media by this department. When

in doubt, authorized and available legal counsel should be obtained.

Examples of such restricted information include, but are not limited to:

(a) Confidential peace officer personnel information.

(b) Copies of traffic crash reports (except to those authorized pursuant to Tex. Transp.

Code § 550.065).

(d) Information that would tend to endanger the safety of any individual or jeopardize the

successful completion of any ongoing investigation.

(e) Information pertaining to pending litigation involving this department.

(f) Information obtained in confidence.

(g) Any information that is otherwise privileged or restricted under state or federal law.

326.4.2 RESTRICTED INFORMATION - WARRANTS

To protect the safety and rights of officers and other persons, advance information should not be

provided to the news media regarding search warrant or arrest warrant actions planned by law

enforcement personnel, nor should media representatives be solicited or invited to be present.

Any exceptions require prior approval of the Chief of Police.

At no time shall the media be brought into a private residence during the execution of a search

or arrest warrant.

326.5 DEPARTMENT WEBSITE

PIO is responsible for the APD website (http://www.austintexas.gov/department/police). PIO will

coordinate requests for information to be included on the website and develop and/or assist in the

development of page layout for any additions to the APD website.

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Racial or Bias-Based Profiling - 235

Racial or Bias-Based Profiling

328.1 PURPOSE AND SCOPE

This order provides guidance to department members and establishes appropriate controls to

ensure that members of the Austin Police Department do not engage in racial or bias-based

profiling or violate any related laws while serving the community.

328.1.1 DEFINITIONS

Definitions related to this order include:

Racial or Bias-Based Profiling - Any instance of disparate treatment by law enforcement based

on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,

economic status, age, cultural group, disability or affiliation with any non-criminal group, rather than

on behavior or information identifying the individual as having engaged in criminal activity. Racial

or bias-based profiling pertains to persons who are viewed as suspects or potential suspects of

criminal behavior. The term is not relevant as it pertains to witnesses, complainants, persons

needing assistance, or other citizen contacts.

Race or Ethnicity - Individuals of a particular descent. This includes, White, Black, Hispanic or

Latino, Asian or Pacific Islander, Middle Eastern, or Alaska native or Native American.

Acts Constituting Racial or Bias-Based Profiling - Initiating law enforcement action, such

as a traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon

an individual's race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, economic status, age, cultural group, disability, or affiliation with any non-criminal

group rather than upon the individual's behavior, information identifying the individual as having

possibly engaged in criminal activity, or other lawful reasons for the law enforcement action.

328.2 POLICY

The Department strives to provide law enforcement services to our diverse community while

respecting the racial, cultural, or other differences of those we serve. It is the policy and practice

of the Department to provide law enforcement services and to enforce the law equally, fairly, and

without discrimination toward any individual or group.

Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural

group, disability, or affiliation with any other similar identifiable group shall not be used as the

basis for providing differing levels of law enforcement service or the enforcement of the law.

While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race

or cultural differences may be legitimately considered by an officer in combination with other

legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description

is limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation

of an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due

to offenses committed because of bias or prejudice.

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328.3 MEMBER RESPONSIBILITIES

Every member of this Department shall perform their duties in a fair and objective manner and

is responsible for promptly reporting any known instances of racial or bias-based profiling to a

supervisor.

328.3.1 REASON FOR DETENTION

Officers detaining a person shall be prepared to articulate sufficient reason for a lawful detention,

independent of the individual’s membership in a protected class.

To the extent that written documentation would otherwise be completed (e.g., arrest report, field

observation (FO) card), the involved officer should include those facts giving rise to the authority

for the detention, as applicable.

Nothing in this order shall require any officer to document a contact that would not otherwise

require reporting.

328.3.2 REQUIRED DOCUMENTATION

Every member of the Department is required to document and report to the Department any

detention, frisk, search, nonconsensual stop and/or arrest of a person. Officers shall document the

following information in the appropriate fields of an incident report, field release citation, warning,

field observation card or electronic street check:

(a) a physical description of any person who is detained or arrested, including (if

applicable) passengers in a motor vehicle, including:

1. the person’s gender; and

2. the person’s race or ethnicity, as stated by the person or, if the person does not

state the person’s race or ethnicity, as determined by the officer to the best of

the officer’s ability.

(b) whether the officer knew the race or ethnicity of the individual detained before

detaining that individual;

(d) whether the officer conducted a search during the stop and, if so, whether the person

detained consented to the search;

(e) whether any contraband or other evidence was discovered in the course of the search

and a description of the contraband or evidence;

(f) the reason for the search, including whether:

1. any contraband or other evidence was in plain view;

2. any probable cause or reasonable suspicion existed to perform the search;

3. the search was performed as to inventory a motor vehicle or other package being

impounded or seized; or

4. the search was performed incident to arrest.

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(g) whether the officer made an arrest as a result of the stop or the search, including a

statement of whether the arrest was based on a violation of the Penal Code, a violation

of traffic law or ordinance, or an outstanding warrant and a statement of the offense

charged;

(h) the street address or approximate location of the stop; and

(i) whether the officer issued a verbal or written warning or a ticket or citation as a result

of the stop; and

(j) whether the officer used physical force that resulted in bodily injury during the stop.

328.4 SUPERVISOR RESPONSIBILITIES

Supervisors shall monitor those individuals under their command for any behavior that may conflict

with the purpose of this order and shall handle any alleged or observed violation of this order in

accordance with the Administrative Investigations general order.

(a) Supervisors will discuss any issues with the involved officer and their supervisor in a

timely manner.

(b) In conjunction with the personnel inspections required by General Order 801.8,

supervisors will conduct inspections to review Body Worn Camera (BWC) recordings,

MDC data, and any other available resource used to document contact between

officers and the public to ensure compliance with this order.

1. Supervisors will document these periodic reviews using form PD0128.

2. Recordings or data that capture a potential instance of racial or bias-

based profiling should be appropriately retained for administrative investigation

purposes.

(d) Supervisors will ensure that no retaliatory action is taken against any member of this

department who discloses information concerning racial or bias-based profiling.

328.5 REPORTING

(a) Pursuant to applicable law, the Chief of Police shall submit an annual report, which

includes complaints of disparate treatment based on race or ethnicity, as well as

analysis of information required by law, to TCOLE and each governing body served by

this agency. The report will be based on motor vehicle stops that resulted in a citation

and/or an arrest and will include information based on the requirements of Tex. Code

of Crim. Pro. § 2.132.

1. The report may not include identifying information about any officer who made

the stop or any individual who was stopped or arrested.

328.6 COMPLAINTS

The Department will provide access to the complaint process for the public on the Austin Police

Department and Austin Police Monitor websites, as well as brochures in every police facility.

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The Department will investigate all complaints involving racial or bias-based profiling by any

employee as outlined in the Administrative Investigations general order. The officer should be

given a copy of any related recording as soon as practicable upon written request (Tex. Code of

Crim. Pro. art. 2.132).

328.7 TRAINING

All sworn members of this department will complete all Texas Commission on Law Enforcement

(TCOLE) mandated training on the subject of racial or bias-based profiling.

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Interactions with Foreign Nationals

330.1 PURPOSE AND SCOPE

This order controls employee interactions with foreign nationals, including those who claim

immunity, and with immigration authorities, including Immigration and Customs Enforcement

(ICE).

330.2 POLICY

It is the policy of the Department that all employees make personal and professional commitments

to impartial enforcement of the law and equal service to the public. Confidence in this commitment

will increase the effectiveness of this department in protecting and serving the entire community

and recognizing the dignity of all persons, regardless of their national origin or immigration status.

330.3 DEFINITIONS

Foreign National - Anyone who is not a citizen of the United States. A person with dual U.S. and

foreign citizenship is not a foreign national.

Foreign Official - A foreign national serving in the capacity of ambassador, United Nations

representative, consular officer, or other diplomatic agent who may be entitled to certain immunity.

In certain cases, immediate family members of a foreign official are also entitled to certain

immunity.

Immunity - Refers to various protections and privileges extended to the employees of foreign

governments who are present in the U.S. as official representatives of their home governments.

These privileges are embodied in international law and are intended to ensure the efficient

and effective performance of their official "missions" (i.e., embassies and consulates) in foreign

countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure

that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S.

personnel abroad.

Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to

excuse unlawful activity. It is the policy of the U.S. Department of State's Office of Foreign

Missions (OFM) that illegal acts by foreign service personnel should always be pursued through

proper channels. Additionally, the host country's right to protect its citizens supersedes immunity

privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of

public safety or the commission of a serious crime, regardless of immunity claims.

Immigration Status Inquiry - Questioning a person about the person’s immigration status and/or

contacting immigration authorities to confirm a person’s identification and/or immigration status.

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330.4 IMMIGRATION STATUS INQUIRIES

Officers who have lawfully detained a person to conduct a criminal investigation into an alleged

criminal offense, or who have arrested a person for a criminal offense, may make an inquiry into

the person’s immigration status, except as prohibited in this order.

Before officers inquire into immigration status, they must instruct the detainee or arrestee that the

detainee or arrestee is not compelled to respond to the inquiry and that the detainee or arrestee

will not be subjected to additional law enforcement action because of their refusal to respond.

(a) All immigration status inquiries shall be documented in a Versadex offense report by

adding Title Code 4201 “Immigration Status Inquiry,” regardless of whether an arrest

was made or not, and regardless of whether the individual answered the question or

not. A CAD call will be generated for each report, and every officer on scene will log

into that call. Direct entry Versadex reports will not be permitted.

1. The report will include the reasons why the officer asked about the person’s

immigration status and the specific questions asked.

2. This order does not apply to citizenship inquiries made as part of the jail booking

process; therefore, officers do not need to add Title Code 4201 for citizenship

inquires made as part of the jail booking process.

(b) Officers will not consider race, color, religion, language or national origin when

deciding whether to inquire into a detainee’s or arrestee’s immigration status.

crime or a witness to a crime, except under the following conditions, or for the following

reasons:

1. The officer is investigating a criminal offense and the officer reasonably believes

that the inquiry will provide evidence or information pertinent to the investigation;

2. The inquiry will allow the officer to provide a victim or witness, who is assisting

law enforcement, information about federal visas designed to protect victims

(refer to GO 607 (U-Visa Nonimmigrant Status Certifications); or

3. The officer has probable cause to believe a victim or witness has engaged in

specific conduct constituting a separate criminal offense.

(d) Officers will not inquire into the immigration status of a person while the officer is

engaged in a secondary employment contract with:

1. A hospital or hospital district;

2. A school district or open-enrollment charter school; or

3. A place of worship or religious organization.

330.4.1 REPORTING IMMIGRATION STATUS INQUIRIES DURING FOLLOW-UP

INVESTIGATIONS

(a) All immigration status inquiries during follow-up investigations shall be documented in

a Versadex offense report by adding Title Code 4201 “Immigration Status Inquiry.”

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1. The report will include the reasons why the officer asked about the person’s

immigration status and the specific questions asked.

2. This order does not apply to citizenship inquiries made as part of the jail booking

process; therefore, officers do not need to add Title Code 4201 for citizenship

inquires made as part of the jail booking process.

330.5 FOREIGN NATIONALS CLAIMING IMMUNITY

The Vienna Convention on Consular Relations sets forth certain rights of foreign officials from

member countries when they are arrested, detained, or imprisoned by U.S. law enforcement

officials in this country.

As noted herein, the United States is a party to several bilateral agreements that obligate

authorities to notify the consulate upon the person's detention, regardless of whether the detained

person requests their consulate to be notified.

A list of specific countries that the United States is obligated to notify is maintained by the U.S.

Department of State(DOS). CTECC will maintain contact information for the U. S. Department

of State, a current telephone list of foreign embassies and consulates, and a list of mandatory

notice countries.

330.5.1 IDENTIFICATION OF THOSE CLAIMING IMMUNITY

(a) Diplomatic agents and consular officers are immune from arrest or detention unless

they have no identification and the detention is to verify their diplomatic status.

Proper identification of subjects claiming immunity is imperative in potential custody

situations.

1. Subjects who are placed under arrest and claim diplomatic or consular immunity

shall not be physically restrained before verification of the claim unless restraint

is necessary for the protection of the officer or others.

(b) All diplomatic and consular personnel who are entitled to immunity are registered with

the DOS and are issued distinctive identification cards by the DOS Protocol Office.

These cards are the best means of identifying foreign service personnel. They include

a photograph, identifying information, and, on the reverse side, a brief description of

the bearer's immunity status. These identification cards are not always promptly issued

by DOS. In addition to theDOS identification card, Foreign Service personnel should

also have a driver license issued by theDOS Diplomatic Motor Vehicle Office (DMVO),

which in most circumstances replaces the operator's license issued by the state. DOS

identification cards are 3-3/4 inches by 1-1/2 inches and contain a photograph of the

bearer. The following types of identification cards are issued:

1. Diplomatic (blue bordered),

2. Consular (red bordered), and

3. Official (green bordered).

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1. Identification cards issued by DOS are the only valid evidence of diplomatic or

consular immunity.

2. Verify immunity by phone with DOS any time an individual claims immunity and

cannot present satisfactory identification, the officer has reason to doubt the

claim of immunity, or there is a possibility of physical arrest. Officers can contact

CTECC for the appropriate contact phone numbers.

3. Members of diplomatic or consular missions may also have other forms

of identification. These include identification cards issued by the Office of

Emergency Services, local law enforcement agencies, the foreign embassy,

or consulate; driver licenses issued by DOS; and, DOS license indicia on the

vehicle. All these items are only an indication that the bearer may have some

form of immunity.

330.5.2 FOREIGN DIPLOMAT VEHICLE REGISTRATION

Vehicles that are owned by foreign missions or foreign service personnel and their dependents are

registered with OFM and display distinctive red, white and blue license plates. Vehicles assigned

to diplomatic or consular officers will generally have license plate labels with the words "diplomat"

or "consul." Vehicles owned by honorary consuls are not issued OFM license plates; but may

have Texas license plates with an "honorary consul" label. A driver's identity or immunity status

should not be presumed from the type of license plates displayed on the vehicle. The status

of an OFM license plate should be run via the National Law Enforcement Telecommunications

System (NLETS), designating "U.S." as the state, if the officer has reason to question the legitimate

possession of the license plate.

330.5.3 DIPLOMATIC IMMUNITY TABLE

Notes for the diplomatic immunity table:

(a) This table represents general rules. The employees of certain foreign countries may

enjoy higher levels of privileges and immunities on the basis of special bilateral

agreements.

(b) Reasonable constraints, however, may be applied in emergency circumstances

involving self-defense, public safety, or the prevention of serious criminal acts.

agents.

(d) Note that consul residences are sometimes located within the official consular

premises. In such cases, only the official office space is protected from police entry.

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Category Arrested or

Detained

Enter

Residence

Subject to

Ordinary

Procedures

Issued

Traffic

Citation

Subpoenaed

as Witness

Prosecuted Recognized

Family

Members

Diplomatic

Agent

(note (b))

No Yes No No

Same as

sponsor

(full immunity

& inviolability)

Member of

Admin and

Tech Staff

(note (b))

No Yes No No

Same as

sponsor

(full immunity

& inviolability)

Service Staff

Yes

(note (a))

Yes Yes Yes

No for

official acts

Yes

otherwise

(note (a))

immunity or

inviolability

(note (a))

Career

Consul

Officer

Yes if for a

felony and

pursuant to

a warrant

(note (a))

Yes

(note (d))

Yes

No for

official acts

Testimony

may not be

compelled

in any case

No for

official acts

Yes

otherwise

(note (a))

No immunity

or inviolability

Honorable

Consul

Yes Yes Yes

No for

official acts

Yes

otherwise

No for

official acts

Yes

otherwise

(note (a))

No immunity

or inviolability

Consulate

Employees

Yes

(note (a))

Yes Yes

No for

official acts

Yes

otherwise

No for

official acts

Yes

otherwise

(note (a))

immunity or

inviolability

(note (a))

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Int'l Org

Staff

(Note (b))

Yes

(note (c))

Yes

(note (c))

Yes

(note (c))

No for

official acts

Yes

otherwise

(note (c))

No immunity

or inviolability

Diplomatic

Level Staff

of Missions

to Int'l Org

(note (b))

No Yes No No

Same as

sponsor

(full immunity

& inviolability)

Support

Staff of

Missions to

Int'l Orgs

Yes Yes Yes Yes

No for

official acts

Yes

otherwise

No immunity

or inviolability

330.6 ENFORCEMENT PROCEDURES FOR FOREIGN NATIONALS ENTITLED TO

IMMUNITY

The following procedures provide a guideline for handling incidents involving foreign officials who

claim some form of immunity. Supervisors shall be promptly notified and should respond to the

scene when possible. Supervisors shall ensure the Watch Lieutenant is notified of the incident.

(a) The U.S. is obligated under the Vienna Convention on Consular Relations,

international treaties, and customary international law to notify consular officials when

foreign nationals make such a request, are arrested, or are detained for more than

two hours.

1. Officers detaining a foreign national shall notify the appropriate consular official

upon request or when a detention exceeds two hours.

2. Upon arrest, the officer shall inform the intake officer at the booking facility to

notify the appropriate consular.

(b) Officers shall document in the narrative of the appropriate incident report the date and

time Communications was notified of the foreign national's arrest or detention and

their claimed nationality.

330.6.1 CITABLE OFFENSES

A citation shall be issued at the scene for all violations warranting such action pursuant to state law

and departmental policy regardless of the violator's immunity status. The issuance of a citation is

not considered an arrest or detention under current DOS guidelines. Whenever a citation is issued

to a subject claiming immunity, these additional procedures shall be followed:

(a) Identification documents are to be requested of the subject.

(b) The title and country represented by the subject are to be recorded in the notes section

of the e-citation for later reference.

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and immunity status of the individual shall be conclusively established.

1. Verified diplomatic agents and consular officers, including staff and family

members from countries with which the U.S. has special agreements, are not

required to sign the citation. The word "refused" shall be entered in the signature

section of the e-citation and the violator shall be released.

2. Verified consular staff members, excluding those from countries with which the

U.S. has special agreements, are generally obligated to sign the citation but a

signature shall not be required if their immunity status is uncertain.

(d) The violator shall be provided with the appropriate copy of the citation.

330.6.2 DETENTION AND CUSTODY ARREST GUIDELINES

Subjects entitled to immunity may not be subject to a custody arrest; the procedures below shall

be followed instead. These procedures should also be used in the event immunity cannot be

verified but another form of identification indicates that immunity is probable. Supervisor approval

is required for all custody arrests and releases when a claim of immunity is involved.

(a) If the release of the violator will not create an additional hazard, adequate information

to properly identify the violator shall be obtained then the official shall be released. The

necessary release documents (e.g., citation) should only be issued under the proper

conditions.

(b) If the violator appears to have been driving while under the influence, field sobriety

tests should be offered. The subject shall not be permitted to drive and alternative

transportation should be arranged:

1. All facts of the incident shall be documented in accordance with this order in a

Driving While Intoxicated (DWI) Incident Report and/or any other relevant report

form. Prosecution is still appropriate and should be pursued.

2. The DWI Unit shall contact the Department of State, as soon as practicable, to

verify the violator's status and immunity. Within five working days of the stop,

the DWI Unit shall send to the Bureau of Diplomatic Security Office of Foreign

Missions of the Department of State a copy of the citation and/or any accident

or other written report documenting the incident (Tex. Transp. Code § 543.011

et seq.). The Department of State will take appropriate sanctions against errant

foreign service personnel, even where prosecution is not undertaken by the

agency.

soon as practicable unless the person objects to the visit.

330.6.3 TRAFFIC CRASHES

Persons involved in a traffic crash who possess an OFM Diplomatic Driver License issued by the

DMVO, shall have "D" coded in the license "class" box of the Traffic Crash Report. The actual

driver license class (e.g., 1, 2, 3, or A, B, C, M) shall be entered on the traffic report. If subsequent

prosecution of the subject is anticipated, the subject's title, country, and type of identification

presented should be recorded for future reference.

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(a) Issuance of a citation or arresting a subject claiming immunity at a crash scene shall

be handled as outlined in the previous section of this order.

330.6.4 VEHICLES

Vehicles which are owned by subjects with full immunity may not be searched, stored or

impounded without the owner's permission. Such permission may be assumed if the vehicle has

been stolen. These vehicles may, however, be towed the necessary distance to remove them

from obstructing traffic or creating any other hazard.

330.6.5 REPORTING PROCEDURES

(a) A copy of all reports and documents (e.g., citations, incident reports, crash reports)

related to the incident which involves an identified diplomat and/or immunity subject

shall be immediately forwarded to the office of the Chief of Police through the officer's

chain-of-command, regardless of whether the claim of immunity is verified. The words

"Immunity Claim" shall be marked on the top copy, together with a notation of the

subject's title, country and type of identification presented, if applicable.

(b) In addition to the reports and documents, a follow-up cover memorandum should be

submitted for incidents where the investigation indicates the violation was flagrant, the

subject was uncooperative, or involved any other unusual aspects of the enforcement

contact where further action by the Department of State may be necessary.

including any supervisor's notes, materials and/or logs are forwarded to the office of

the Chief of Police without delay. The Chief of Police's office will verify that notification

to the Department of State and all necessary follow-up occur.

330.7 ENFORCEMENT PROCEDURES FOR FOREIGN NATIONALS NOT ENTITLED TO

IMMUNITY

It is the policy of this Department is to protect the public safety through enforcement of the criminal

laws and other laws authorizing action by local police. Officers will adhere to the following with

respect to detentions and arrests involving foreign nationals who are not claiming immunity.

330.7.1 DETENTION AND CUSTODY ARREST GUIDELINES

(a) Officers shall not detain or arrest a person solely because the officer suspects or knows

that a person may be an undocumented immigrant or for the purpose of determining

or investigating a person’s immigration status.

(b) Officers shall immediately inform any foreign nationals of their right to have their

consular official notified concerning a detention or arrest.

Enforcement (ICE) or another federal immigration authority, or providing authorized

assistance to ICE under the supervision of ICE, an officer may not prolong a detention

of a person suspected to be an undocumented immigrant beyond a reasonable time

needed for the officer to complete an investigation or an enforcement activity (e.g.,

issue a written warning, issue a citation, complete an F.O. card, etc.).

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330.7.2 REPORTING PROCEDURES

(a) The U.S. is obligated under the Vienna Convention on Consular Relations,

international treaties, and customary international law to notify consular officials when

foreign nationals make such a request, are arrested, or are detained for more than

2 hours.

1. Officers detaining a foreign national shall notify the appropriate consular official

upon request or when a detention exceeds two hours.

2. Upon arrest, the officer shall inform the intake officer at the booking facility to

notify the appropriate consular.

(b) Officers shall document in the narrative of the appropriate incident report the date and

time Communications was notified of the foreign national's arrest or detention and

their claimed nationality.

soon as practicable unless the person objects to the visit.

330.8 REQUESTS FOR ASSISTANCE FROM FEDERAL IMMIGRATION OFFICIALS

(a) Upon request, officers may provide reasonable or necessary assistance to ICE (or

other federal immigration officials), including with enforcement operations if those

operations will be directed and supervised by federal officials. Except in emergencies

involving the possibility of imminent death, serious injury, or loss of property, officers

must receive approval from supervisors holding the rank of Lieutenant or higher prior

to providing any such assistance. The supervisor will determine whether the request

is reasonable or necessary based on factors including:

1. the availability of Department resources and personnel that are appropriate for

and trained to perform the requested task;

2. whether providing the requested assistance would pose an unreasonable risk

to public safety or to Department personnel or property;

3. whether providing the assistance would assist with stopping criminal activity; and

4. whether providing the requested assistance would cause the Department to

incur unreasonable overtime costs.

5. The urgency of the request.

(b) Officers (including officers working secondary employment) shall not provide

assistance to ICE for operations at a place of worship unless exigent circumstances

exist which require an immediate intervention of law enforcement to protect public

safety.

district, or open enrollment charter school shall not provide assistance to ICE

for operations unless exigent circumstances exist which require an immediate

intervention of law enforcement to protect public safety.

(d) Officers providing immediate or planned assistance to ICE shall create a GO using

title code 3499-1 – Assist Other Agency – ICE. A CAD call will be generated for each

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report, and every officer on scene will log into that call. Direct entry Versadex reports

will not be permitted. The following items shall be documented in the GO:

1. The name of the outside agency and the personnel who requested the

assistance;

2. The number of APD officers who assisted and the amount of time expended by

each officer;

3. The number of persons arrested, if known;

4. The number of persons charged and the specific charges that were applied, if

known;

5. Any Department information or intelligence shared with ICE (no report is required

for this item if the information or intelligence shared is otherwise documented

pursuant to unit SOPs);

6. Any additional resources used (e.g. canine units, helicopter, SWAT, etc.); and

7. Any information provided by APD that is shared with a federal immigration

enforcement agency at the request of a federal immigration agency (no report

is required for this item if the information or intelligence shared is otherwise

documented pursuant to unit SOPs).

(e) Only the Chief of Police has the authority to enter into any formal, written agreement

with ICE for ongoing operations, such as a 287G agreement.

330.9 ICE DETAINER REQUESTS

The purpose of this order is to establish guidelines for handling ICE detainers. All officers are

expected to comply with, honor, and fulfill formal immigration detainer requests issued by ICE.

(a) An officer who receives information that a detainee or arrestee in their custody is the

subject of an ICE detainer request, will take the following actions:

1. Notify a supervisor.

2. Notify ICE to determine the validity of the detainer.

3. Comply with the detainer request if its validity is confirmed.

4. Inform the person they are being held subject to a detainer (in addition to any

applicable criminal charges).

5. Take the person to the Central Booking Facility or other suitable detention

facility.

(b) If the person subject to the detainer provides proof, including a Texas Driver’s License

or other government issued identification, that they are a United States citizen or has

lawful immigration status, the officer will do the following:

1. Notify a supervisor.

2. Notify ICE and provide an update.

3. Cease from complying with the detainer request.

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4. Unless impracticable to do so, officers will make and retain a copy of the proof

that was offered by the subject. The retained copy may be scanned into the

Versadex report or submitted as evidence.

5. If the officer is unsure whether the proof provided is adequate proof of U.S.

citizenship or lawful immigration status, the officer should continue honoring the

detainer request until definitive proof is provided.

330.10 MAINTENANCE AND SHARING OF IMMIGRATION RECORDS

From time to time, the Department may have records with information, or need information,

concerning a detainee’s or arrestee’s immigration status, including information concerning that

person’s place of birth (Immigration Status Information). Employees are permitted to:

(a) Send, request, or receive Immigration Status Information to or from federal agencies

involved in immigration enforcement (employees must appropriately document when

the employee sends, requests, or receives Immigration Status Information);

(b) Maintain Immigration Status Information pursuant to applicable records retention

schedules; and

with federal or state governmental entities.

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Traffic Enforcement

342.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines for improving public safety through education

and enforcement of traffic-related laws.

342.2 POLICY

Officers shall enforce traffic regulations in a uniform, impartial manner. It is imperative that

individuals committing identical offenses under similar conditions/circumstances be accorded the

same treatment by an officer. To cite one person for an offense and warn another for the same

offense committed to the same degree, under similar conditions and circumstances, is improper.

The guidelines established in this order are applicable to both adults and juveniles.

342.3 ENFORCEMENT GUIDELINES

(a) On-duty officers in uniform should stop the operator of any vehicle committing a traffic

violation when practical to do so.

(b) On-duty officers not in uniform may make traffic stops only if the vehicle used in making

the traffic stop is equipped with emergency lights and a siren.

enforcement action should be taken (e.g., warning, citation, arrest).

(d) Whenever practicable, officers shall use the Department’s electronic ticketing system.

If officers are unable to use the electronic ticketing system, then paper citations,

warnings, and/or field observations will be made available at the Property Control

Office (PCO).

342.3.1 CLASS C CUSTODY ARRESTS IN LIEU OF CITATION

(a) Officers shall select the least intrusive or severe method when considering

enforcement actions. However, a custody arrest can be made in the following

situations:

1. The violator refused to sign the citation.

2. The violator cannot be sufficiently identified.

3. The violator resisted detention, assaulted someone during the offense, or was

combative or violent.

(b) Supervisor approval is required to make a custody arrest in lieu of a traffic citation for

eligible offenses.

be documented in the offense report:

1. Approving supervisor’s name and employee number.

2. Reason for the arrest in lieu of a traffic citation.

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342.3.2 SUFFICIENT SUBJECT IDENTIFICATION

(a) Officers should make every effort to sufficiently identify a driver or passenger prior to

issuing a citation. If it is not possible to sufficiently identify a subject and the officer

has an arrest authority, a custody arrest may be made in accordance with this order.

(b) Some form of government photo identification is preferred. If a government photo

identification is not available, officers shall use all reasonably available means to

confirm the validity of the personal information provided by the person who is in

custody. Officers shall document in their offense report what identification was used

to establish the identity of the person in custody. If the person in custody cannot be

positively identified, and after all reasonable efforts to ascertain identity have been

made, officers will make a custody arrest and book the subject into jail. Officers shall

document in their offense report what attempts were taken to establish the identity of

the person in custody.

identity needs confirmed as part of an investigation shall be transported to the APD ID

section to verify identity prior to issuing the citation. While at the Main and ID Section,

the officer is solely responsible for the detained/arrested individual and at no time will

leave the individual unattended.

(d) Subjects whose identity is in question and who are being booked into jail shall be

transported to the appropriate booking facility where they will be fingerprinted by

booking staff and identification confirmed.

342.3.3 SPEEDING

In situations where officers stop a driver for speeding only, officers may not arrest the driver solely

for this violation unless (Tex. Transp. Code § 543.004):

(a) The driver does not have sufficient identification; or

(b) The driver refuses to sign a citation, or

racing). When an arrest is made for the more serious violation, officers shall not issue

a citation or charge the violator with speeding.

342.3.4 OPEN CONTAINER

Possession of Alcoholic Beverage in a Motor Vehicle is a Class C Misdemeanor (Tex. Penal Code

§ 49.031) and must be observed by the officer before a citation can be issued.

(a) Officers may not arrest solely for this violation unless (Tex. Transp. Code § 543.004):

1. The violator does not have sufficient identification; or

2. The violator refuses to sign a citation.

342.3.5 FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY

When drivers who do not have current proof of insurance, officers shall make an inquiry through

the Texas Sure Database to confirm if the driver has insurance on file.

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(a) The inquiry shall be performed on the MDC or through Communications by running

a license plate check.

(b) If the Texas Sure Database is not accessible during the stop, officers shall note on

the back of the citation "SURE was down".

342.3.6 MULTIPLE HAZARDOUS TRAFFIC VIOLATIONS

When an officer observes a driver that has committed multiple hazardous traffic violations, a

custody arrest may be made with supervisor approval.

(a) The intent is to remove an obviously dangerous driver from the roadway.

(b) Generally, three or more hazardous violations should be observed by an officer.

342.4 REFUSAL TO SIGN A CITATION

Officers shall explain the consequences when a violator refuses to sign a citation. If the violator

continues to refuse, the officer shall request a supervisor at the scene.

The supervisor shall confirm that the violator understands the consequences of refusing to sign

the citation and may order the violator taken into custody if the violator continues to refuse to sign

the citation.

342.5 SUBMISSION OF TRAFFIC CITATIONS

Officers shall submit all court copies of issued paper traffic citations to a Municipal Court drop box

by the end of their tour of duty. Drop boxes are located at the various substations.

342.6 CORRECTION AND DISMISSAL OF TRAFFIC CITATIONS

(a) Correction of Citations

1. When a traffic citation is issued and in need of correction, officers issuing the

citation shall submit the citation and a Motion for Correction Form requesting

a specific correction to their immediate supervisor. The citation and Motion

for Correction Form shall then be emailed to [email protected] or

[email protected]. The correction will then be handled by Municipal

Court.

(b) Dismissal of Citations

1. APD employees do not have the authority to dismiss a citation once it has been

issued; only the court has the authority to dismiss a citation that has been issued.

Any request from a recipient to dismiss a citation shall be referred to the court.

2. Should an officer determine that a traffic citation should be dismissed in the

interest of justice or where prosecution is deemed inappropriate, the officer will:

(a) Complete a Motion for Dismissal form where the officer will explain the

reason for dismissal.

(b) The officer will present the completed form to their supervisor for approval.

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([email protected])

(d) The officer should also discuss the citation with the Municipal Court

prosecutor when submitting the required form requesting the dismissal.

342.7 CITATION ACCOUNTABILITY

Citation books are stored and secured in PCO. Officers shall:

(a) Sign for all issued citation books by legibly printing their name, employee number and

signing on the designated form or log book.

(b) Be accountable for all citations issued.

342.7.1 LOST, STOLEN, MISPLACED OR DAMAGED TRAFFIC CITATIONS

(a)

Officers will notify their supervisor if an issued citation book or individual citation is

lost, stolen, misplaced or damaged.

(b)

Supervisors will review the incident and email Municipal Court at

[email protected] with the citation number(s) and notification that the

citation was lost, stolen, misplaced or damaged.

342.8 SPECIAL TRAFFIC ENFORCEMENT SITUATIONS

342.8.1 CONSULAR AND DIPLOMATIC PERSONNEL

Foreign consular officials enjoy varying degrees of immunity from arrest, which may include

traffic violations/citations. See General Order 330 (Foreign Officials Claiming Immunity) for more

information.

342.8.2 FEDERAL AND STATE LEGISLATORS

Numerous federal and state legislators have offices within the City of Austin. During official

legislative sessions, including travel to and from sessions, senators and representatives are

immune from citations and arrest except for felonies and breaches of the peace.

(a) Officers shall notify their supervisor when enforcement action (e.g., arrest, citation) is

taken against a senator or representative.

(b) Supervisors shall ensure the Watch Lieutenant is notified.

342.8.3 MILITARY PERSONNEL

Personnel of the Armed Forces of the United States (including National Guard) are exempt from

state driver's licensing requirements while operating an official motor vehicle in the scope of that

service. While operating a private vehicle, active duty non-resident military personnel are not

required to hold a Texas driver's license; however, they must possess a current driver's license

issued by another state.

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342.9 UNIFORM TRAFFIC ENFORCEMENT CHART

The following charts cannot cover each situation or violation; this is only a guide for commonly

used citation titles. Officers shall issue citations authorized under the Texas Transportation Code

unless stated otherwise in the chart below. If an officer wants to give a warning when a citation

is required in the chart below, the officer must contact a supervisor for approval. Nothing in this

chapter is meant to supersede General Order 346, Crash Investigation and Reporting.

Speeding

TRC 545.351

Over Limit - Posted Speed Zone

(Radar) – Warn up to nine (9)

mph in excess of the specified

speed. May cite at ten (10) mph

to fourteen (14) mph over the

limit. Shall cite at fifteen (15)

mph or greater over the speed

limit. When citing, lower to

at least 1 mile per hour less

than the speed (e.g., 51 in 35

zone – lower to at least 50).

Speeding - School Zone

TRC 545.351

School Zones – should allow four

(4) mph in excess of the specified

speed. May cite at five (5) mph

to nine (9) mph over the limit.

Shall cite at ten (10) or greater

over the speed limit. When citing,

lower to at least 1 mile per hour

less than the speed (e.g., 31 in

a 20 zone – lower to at least 30).

Speed Tolerances

Unsafe Speed

TRC 545.351

Officers may cite at any speed

if the facts, circumstances

or conditions would justify

enforcement at a lower speed.

Examples can be, but are not

limited to: Wet, icy, or slick road

conditions, residential area,

construction zones, and special

events involving pedestrian and/

or bicycle traffic. Officers must

be able to articulate why the

speed was not reasonable or

prudent for the circumstances.

Imprudent Speed (Crash)

Imprudent Speed

TRC 545.351

Any vehicle at any speed when

existing conditions are such as

to make the speed unreasonable

or imprudent. Officer must

be able to articulate why the

speed was not reasonable or

prudent for the circumstances.

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Impeding Traffic/ Unsafe Speeds

Impeding Traffic

TRC 545.363

May cite when an operator

drives at a speed that impedes

the normal and reasonable

movement of traffic for a

distance of 3 blocks or more.

Right-of-way

Fail to Yield ROW

(Left turn, right turn, no left

turn, no right on Red, etc.)

Various sections of TRC 545

Shall cite if involved in crash

or causes serious interference

to another vehicle, pedestrian

or bicyclist. On Serious Injury

Crashes only, the officer

issuing the citation will follow-

up with notification email to

[email protected].

Signs, Signals &

Markings (see below)

(see below – Red Light,

Stop Sign, Wrong Way, etc.)

Warning citations will be

issued for a 3-day period after

installation of new signs, signals

& devices. Exceptions would

be where an accident occurs

or in aggravated situations.

Stop Sign

Ran Stop Sign

TRC 544.010

Shall cite when involved in

crash. May cite when vehicle

did not stop (more than walking

speed) behind designated

stop line before proceeding.

Red Light

Ran Red Light

TRC 544.007

Shall cite when involved

in crash. May cite when

vehicle had not reached

nearest stop line or crosswalk

when light changed red.

Flashing Red Light

Ran Flashing Red Light

TRC 544.008

Same as Stop Sign.

Unsafe Change of Lanes

Unsafe Lane Change

TRC 545.060

Shall cite when involved

in crash or apparently

deliberate and hazardous.

Unsafe Movement

Unsafe Movement Left/Right

TRC 545.402

Shall cite when involved

in crash or apparently

deliberate and hazardous.

Passing School Bus

Passing a School Bus

TRC 545.063

Shall cite for violation of

Transportation Code when

approaching, from either

direction, a school bus stopped

to receive or discharge a student.

Crossing Physical Barrier

TRC 545.063

May cite when crossing concrete,

grass or other physical object

and is apparently deliberate

and hazardous. Does not

apply to crossing solid lines.

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Drove Left of Double Yellow Line,

Passing in a No Passing Zone, or

Driving on Wrong Side of Road

Drove Left of Double

Yellow Line, Passing in

a No Passing Zone, or

Wrong side of Road

TRC 545.055

Do not cite if operator crossed

double yellow line or passed

in a no passing zone in a safe

manner for the sole purpose of

passing a vulnerable road user.

Turned from wrong lane

Improper Right/Left

Turn, Exit or Approach

TRC 545.101

Turned from wrong lane, or wide

right turn interfering with other

traffic (if no interference--warn).

Illegal U-turn

Illegal U-turn, Crest/

Bottom of Hill

TRC 545.101

Shall cite if involved in crash or

interfered with another vehicle

(if no interference—warn).

Wrong Way

Drove Wrong

Way on One-Way

TRC 545-059

Shall cite if involved in crash or

near crash, or where traffic is

heavy (if no interference-warn).

Following Too Closely

Fail to Maintain an

Assured Clear Distance.

TRC 545.062

Shall cite if willful or sustained, or

involved in crash (Use common

sense regarding enforcement

during peak traffic periods

when congestion exists).

Cut through Private Drive

Cut Through Private

Drive to Avoid Light/Sign

TRC 545.423

Shall cite if cut through

in deliberate attempt to

avoid traffic control device.

Fail to yield right-of-

way to Pedestrian

FTYROW to Pedestrian

in Marked Crosswalk

TRC 552.003

Shall cite if pedestrian in

marked crosswalk has to

move/run to avoid being hit.

Seat Belt violations

No Seat Belt –

Driver/Passenger

TRC 545.413

Shall cite for violation of

Transportation Code if driver self

admits and or officer witnesses.

Hands Free Violations

Electronic Device

Use While Driving

CO 20140828-041

May cite for violation

of City Ordinance.

Hands Free Violations

Electronic Messaging

While Driving

TRC 545.4251

May city for violation of

Transportation Code.

Expired Registration

TRC 502.407

Allow six (6) day grace period

from expiration date. May cite

on 7

day from expiration.

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Defective brakes

Defective Equipment – Brakes

TRC 547.408

May cite for any of the following:

no emergency or weak foot

brakes, vehicle will not stop

within 30 feet @ 20 mph, or

brake on only one wheel.

Defective headlights, tail-

lights or other light violation

Defective Equipment –

headlight, tail-light, etc.

TRC 547.333

Evidence of willful neglect or

multiple warning violations.

Open door to traffic

Open Vehicle Door into Traffic

TRC 545.418

May cite if involved in

crash or interferes with

movement of another vehicle.

Soiled or damaged license

plate or no front plate

Obscured LP; No Front LP

TRC 504.945

May cite if evidence of

willful neglect or multiple

warning violations.

Other lighting violations

White Light to

Rear; Neon Lights

TRC 547.303

May cite if evidence of

willful neglect or multiple

warning violations.

Defective exhaust,

mufflers, smoke, etc.

Defective Exhaust

– Noise/Smoke

TRC 547.605

May cite if evidence of

willful neglect or multiple

warning violations.

No Driver’s License

TRC 521.025

Shall cite for violation

of Transportation Code.

Driver’s License

Violation (expired)

Expired DL

TRC 521.026

Citations may be

issued upon expiration.

Driver’s license Violation

(fail to change address)

Fail to Change Name/

Address on Driver’s License

TRC 521.054

May cite for violation of

Transportation Code.

No insurance, 1st

and 2nd offenses

Fail to Maintain

Financial Responsibility

TRC 601.191

Shall cite for violation

of Transportation Code.

Window tint violation – front

door windows- both sides

Window Obstruction

TRC 547.613

Warn if light transmission is

21% to 24%. Shall cite if light

transmission is 20% or less.

Window tint violation – windshield

Window Obstruction

TRC 547.613

May cite if light transmission more

than 5” from top of windshield is

65% or less indicated by a light

transmission reader (tint meter).

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Escorts and Traffic Control

343.1 PURPOSE AND SCOPE

This order provides guidelines to Department personnel who encounter traffic situations that

require the use of alternative methods of enforcement, traffic direction, utilization of personnel,

and specialized equipment or assistance.

343.2 ESCORTS FOR MEDICAL PURPOSES

It is the order of this Department to provide medical aid to persons requesting, or in need of,

assistance. Employees should weigh the hazards and traffic dangers involved in providing escorts

against the timely response of EMS or AFD.

(a) When confronted by a person requesting medical assistance, and if the patient's

condition does not appear immediately life-threatening, personnel will:

1. Make every effort to provide first aid, if needed, and notify Communications to

request EMS/AFD be dispatched; or

2. Provide directions to the nearest (or requested) hospital and allow the person

to proceed; or

3. Provide a Code I escort to the hospital.

(b) Due to the inherent liability of an untrained driver following an emergency vehicle and

the fact that EMS/AFD can respond within minutes to virtually any location within the

City, Code 2 or Code 3 escorts will NOT normally be conducted.

1. However, when in the officer's opinion the extent of injuries or illness is

immediately life-threatening and awaiting EMS/AFD would cause an inordinate

delay in treatment, the officer will request supervisory approval for a Code 3

escort to the closest hospital emergency room.

2. If approved, Communications will be notified before initiating the escort.

3. The officer's primary function is to clear traffic, guiding the vehicle containing the

patient safely to the hospital.

343.3 DIGNITARY AND VIP ESCORTS

Coordination of escorts for local or visiting dignitaries/VIPs will be handled through the Special

Events and Executive Protection Units. Normally, these type events will be pre-planned and

necessary personnel assigned to provide adequate traffic assistance and personal protection.

343.4 UNUSUAL TRAFFIC INCIDENTS

Situations may occur that require numerous officers to assist with traffic direction. Each occurrence

will vary and may require significantly different approaches. Resources and personnel from various

sources should be utilized. Some of these incidents may be, but are not limited to:

(a) Major collisions (e.g., fatalities, serious injury, officer involved, roadway blocked).

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(b) Aircraft crashes.

(d) Fires or power failure.

(e) Inclement weather (e.g., ice, flooding).

(f) Tactical situations (e.g., hostage, barricaded subject, civil unrest).

(g) Major planned events.

343.5 TRAFFIC CONTROL GUIDELINES

When officers must provide traffic control and direction it is important to remember the inherent

dangers involved. These guidelines should be followed to make it as safe and efficient as possible.

(a) Officers will notify Communications of their location prior to directing traffic in the

roadway.

(b) Officers will keep Communications informed of any lane or street closures during major

situations.

type of assignment. Supervisors should schedule breaks for officers working traffic for

extended periods of time.

343.5.1 REQUIRED EQUIPMENT

When officers are directing traffic, at the scene of a collision, or investigating any incident where

officers are exposed to vehicular traffic, the following gear is required:

(a) Department issued reflective vest at all times; and

(b) Flashlight with cone during darkness or limited visibility conditions.

343.5.2 BARRIERS AND TRAFFIC CONTROL DEVICES

(a) Police units should be used as initial traffic control barriers until a traffic pattern is

established through the use of arrow boards, cones and/or flares.

(b) Flares may be used to assist in traffic movement.

1. Flares used at night or in limited visibility conditions may cause disorientation

rather than providing direction to drivers.

spaced accordingly to give drivers ample time to react.

1. Placing the initial cone pattern and set-up of arrow boards is extremely

hazardous and should only be done with multiple units to provide adequate

protection.

343.5.3 PRIORITY OF TRAFFIC FLOW

(a) While engaging in traffic direction, officers will remain aware of the following:

1. Emergency vehicles.

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2. Vehicles on heaviest traveled or main thoroughfares.

3. Vehicles on lesser traveled or secondary roadways.

4. Vehicles entering the roadway from a driveway.

5. Pedestrians.

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Crash Investigation And Reporting

346.1 PURPOSE AND SCOPE

The public safety responsibilities of law enforcement include responding to crashes in order

to provide aid and assistance, document the incident, and identify possible criminal activity.

Therefore, officers shall be dispatched to all reported crashes except as noted.

In the event that a city-wide emergency or inclement weather creates an inordinate volume of

calls for service involving minor crashes, the Watch Lieutenant may authorize patrol to temporarily

deviate from any portion of this order.

346.2 CRASH RESPONSE

346.2.1 TOWING FROM A CRASH

Upon arriving at the crash scene, an officer should give immediate consideration to:

(a) Proper placement of the emergency vehicle to provide protection for officers and the

scene.

(b) Requesting medical assistance for any injured parties.

control, AFD, tow vehicles).

(d) Clearing the crash off of the roadway as soon as possible.

1. If it is not possible to clear the roadway in a reasonable period of time, officers

may need to manually direct traffic and/or place traffic cones/flares to divert

traffic around the crash scene.

346.2.2 REQUIRED SUPPORT NOTIFICATIONS

(a) Highway Enforcement

1. The CVE Unit will be contacted when:

(a) A bridge strike occurs.

(b) A commercial vehicle is involved in a crash fatality or likely fatality.

a department employee, or first responder.

2. The Vehicular Homicide Unit shall be promptly notified of vehicle crashes

involving:

(a) Life threatening injury or death.

(b) Serious bodily injury involving any on-duty first responder, regardless of

agency.

3. The LTS Unit has on-call detectives and is available to assist with LTS, FSRA,

and a pedestrian or other vulnerable roadway user at crosswalk crashes. The

LTS Unit will be contacted and may respond when:

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(a) LTS, FSRA or pedestrian or vulnerable roadway users at a crosswalk

crash where serious bodily injury occurs and hospitalization is required of

any person involved.

(b) FSRA crash where there are witnesses, victims, or suspects available to

be interviewed.

suffers bodily injury.

346.2.3 PATROL CRASH INVESTIGATOR

A Patrol Crash Investigator is an officer assigned to a patrol shift and who has been to specialized

training with the Highway Enforcement Command.

(a) Patrol Crash Investigators shall be called to all vehicle crashes involving:

1. Life threatening injury or death

2. Serious bodily injury in which impairment of the driver due to alcohol or drugs

is suspected.

3. Serious bodily injury when APD, AFD, or EMS vehicles are involved.

(b) A Patrol Crash Investigator shall be promptly notified of, and may respond to crashes

involving serious bodily injury.

1. Determine if other resources are needed at the scene

2. Review the completed CR-3

3. Ensure the scene and evidence are processed as needed if the Vehicular

Homicide Unit is not responding, to include:

(a) Marking evidence positions with paint

(b) Photographing the scene and evidence

(d) Confirming that witnesses are identified and interviewed

346.3 CRASH INVESTIGATION

During crash investigations, officers should:

(a) Identify and interview drivers and occupants.

(b) Identify and interview any witnesses.

1. Request all witnesses remain at the scene to speak with the Vehicular Homicide

Unit, if applicable.

"Brown Form") to exchange information. Officers will ensure the forms are completely

filled out with the correct information before the drivers exchange the forms.

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(d) Determine if any traffic violation(s) or crime(s) have occurred and take appropriate

enforcement action.

(e) Identify and protect items of apparent evidentiary value.

1. Ensure property belonging to a crash victim is protected from theft or damage

and removed to a place of safekeeping. Protection of the property may consist

of securing the property in a vehicle, releasing it to a third party, or turning it into

the property room for safekeeping.

(f) Notify the dispatcher of any damage to the roadway, signs, or utilities.

(g) Document the incident as necessary (e.g., insurance information, statements,

measurements, photographs, collection of evidence and reporting) on appropriate

report forms.

346.3.1 TOWING FROM A CRASH

(a) Preference or Non-Preference wreckers shall be used for vehicles that require towing

from the scene of a crash, including parked and unattended vehicles on a public

roadway, anytime the vehicle is deemed inoperable.

1. Officers should have the driver select a towing company, if possible, and confirm

with Communications that it is on the Approved Wrecker List.

2. When there is no preferred company requested, or the company is not on the

Approved Wrecker List, a company shall be selected through the Auto-Return

Dispatching System used by Communications.

3. AFD or EMS may request wreckers when approved by an on-duty patrol

sergeant.

(b) An authorized impound wrecker shall be used in the following circumstances:

1. When the driver is arrested and the vehicle is otherwise safely operable.

2. When the vehicle has been confirmed as stolen.

3. When the vehicle is of evidentiary value and needed for further investigation in

a criminal offense.

(a) The vehicle will be loaded onto a flatbed type wrecker only;

(b) The vehicle will be accompanied until secured in the lot to maintain proper

chain of custody by APD personnel;

Processing Facility is required.

4. As outlined in General Order 350 (Vehicle Towing and Impound).

346.4 TAKING ENFORCEMENT ACTION

Officers generally cannot make an arrest for a Class C misdemeanor which did not occur in

their presence. After a thorough investigation in which physical evidence or independent witness

statements indicate a violation of the Transportation Code led to the crash, officers may issue the

appropriate citation(s) to the offending driver (Tex. Transp. Code § 550.041).

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(a) Officers shall cite for all the following violations at the scene of a crash, when

applicable:

1. Failure to Maintain Financial Responsibility (FTMFR).

2. Driver's License violations.

3. Hazardous violations.

(b) Driving While Intoxicated (DWI) violations shall be enforced immediately.

be enforced immediately. Officers shall consult with the appropriate Investigative Unit

as outlined in Department General Orders.

(d) If a driver is subject to enforcement and admitted to a hospital, a supervisor shall be

contacted to determine the best course of action.

346.4.1 LEAVING THE SCENE & FAILING TO STOP AND RENDER AID

When a driver leaves the scene of a crash where there is damage to a vehicle without exchanging

information required by law, it is considered an Leaving The Scene (LTS) crash (Tex. Transp Code

§ 550.022). When there is very minor damage, officers should determine if a reasonable driver

would have had knowledge of the damage caused.

Failing to Stop and Render Aid (FSRA) crashes are LTS crashes where someone suffers an

injury (e.g., complaint of pain or visible injury) as a direct result of the crash (Tex. Transp Code

§ 550.021).

(a) Found LTS/FSRA Suspect Vehicle and/or Driver

1. If the suspect vehicle and/or driver is located before the original reporting

officer's tour of duty ends, officers shall:

(a) Obtain any additional information and include it in the incident report or

write a supplement;

(b) Take enforcement action if all necessary elements can be proven, the

intent to evade responsibility is shown, and the victim is willing to cooperate

with prosecution; and

and a hold placed. If a hold is placed on a located vehicle, the name of the

detective authorizing the hold shall be included in the incident report. The

detective authorizing the hold is responsible for creating the Smartsheet

hold notification.

(b) Enforcement Action

1. Enforcement of an LTS crash is determined by the following:

(a) A citation may be issued for a class C misdemeanor if the pecuniary loss

is less than two hundred dollars ($200).

(b) An LTS custody arrest may be made for a class B misdemeanor if the

pecuniary loss is two hundred dollars ($200) or more.

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2. A driver that fails to stop and render aid in a crash with bodily injury or serious

bodily injury should be charged when located and all elements of the charge

are met.

3. Unless there is probable cause that the driver is intoxicated, officers will

not ordinarily make arrests on the scene for crashes at crosswalks involving

pedestrians or other vulnerable roadway users. An LTS unit detective must be

consulted before any on-scene arrest occurs in these situations and there is no

probable cause for driver intoxication.

4. Where intoxication is involved the appropriate charge for intoxication assault will

be used. The Impaired Driving Investigations Unit is available to assist. Bodily

injury and serious bodily injury crashes at crosswalks involving a pedestrian or

other vulnerable roadway user that does not involve intoxication by the driver

will require follow-up by the LTS unit.

crosswalks require a TxDOT Crash Report CR-3, and an APD report with appropriate

title code.

1. Officers will write a 3605-2 Crash/Leave Scene-No suspect report and advise

the victim no follow-up will be conducted when:

(a) The victim is making the report for insurance purposes only, and/or does

not want to pursue criminal charges;

(b) There are no leads or evidence that could identify the suspect driver, or

the vehicle which left the crash scene;

(d) There is property damage only.

2. Officers will write a 3605-Crash/Leaving The Scene report when:

(a) There is evidence or leads that can lead to the identity of the vehicle and

suspect driver;

(b) There is property damage only; and

(d) The case will be reviewed. After review the case will be suspended

pending victim contact. Once the victim advises they wish to pursue the

case it will be assigned to a detective.

3. Officers will write a 3604 Crash/FSRA report when a crash occurs and there is

bodily injury or serious bodily injury and any driver flees the scene of the crash.

(a) FSRA crashes will be assigned to a detective for follow-up.

4. For all crashes at a crosswalk that involves a pedestrian or other vulnerable

roadway user, officers will use the appropriate title code based on the level of

injury.

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(a) Title code 3607-Crash/Crosswalk Vulnerable User BI will be written for

incidents where no injury or bodily injury is reported.

(b) Title code 3608-Crash/Crosswalk Vulnerable User SBI will be written for

incidents where serious bodily injury occurs.

is intoxicated.

346.4.2 PRIVATE PROPERTY CRASHES

Officers may only take traffic enforcement action on the following violations when the crash occurs

on private property:

(a) Driving While Intoxicated (DWI).

(b) Leaving the Scene (LTS).

(d) Reckless Driving.

(e) Offenses related to financial responsibility.

346.5 CRASH REPORTS AND INCIDENT REPORTING

This section outlines the appropriate TxDOT crash report(s) to use and when an APD incident

report is required.

(a) Crash report forms shall only be completed electronically.

(b) Most questions concerning how to fill out a crash report can be answered by referring

to latest version of the Instructions to Police for Reporting Crashes (CR-100) available

online through TxDOT. Officers shall comply with the instructions in this manual.

material fact in the report may be made only by the peace officer who prepared the

report. A supplemental report may be made by any authorized employee (Tex. Transp.

Code § 550.068).

(d) All CR-3 reports will be completed by the end of the officer's tour of duty or, if authorized

by a supervisor, within 24 hours of the reported crash.

346.5.1 CRASH REPORTS

(a) Texas Peace Officer's Crash Report (CR-3)

1. The following crashes shall be investigated by APD and documented on a CR-3:

(a) Crashes involving any injury (complaint of pain or any visible injury).

(b) Crashes involving death.

suspected.

(d) Crashes requiring a wrecker due to damage caused by the crash.

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(e) Crashes involving a leased, owned or rented city vehicle unless exempted

by General order 346.6.1(c).

(f) FSRA crashes.

(g) When it is determined to be in the best interest of the Department or public.

2. If a crash involves a commercial motor vehicle and meets one of the above

requirements for completing a CR-3, the commercial motor vehicle section of

the CR-3 shall also be completed.

346.5.2 APD INCIDENT REPORTING

In addition to completing the appropriate crash report form(s), officers shall also complete a

detailed incident report when crashes involve any of the following:

(a) Life threatening injury or death.

(b) Crime Scene Unit response (regardless if victim condition is upgraded).

(d) Leaving the Scene (LTS) incident, refer to General Order 346.4.1 (c)(1) and 346.4.1(c)

(2).

(e) Failing to Stop and Render Aid (FSRA) incident, refer to General Order 346.4.1(c)(3).

(f) Crash at Crosswalk Involving Pedestrian or Vulnerable User incident, refer to General

Order 346.4.1.(c)(4).

(g) An APD leased, owned or rented vehicle as outlined below.

(h) An arrest for any offense.

346.6 CRASHES AND DAMAGE TO APD CITY VEHICLES; CRASHES INVOLVING CITY

OF AUSTIN VEHICLES OPERATING AS AN EMERGENCY VEHICLE (EMS, FIRE, OTHER

OPERATING CODE TWO OR THREE)

(a) APD Vehicles are:

1. Any vehicle owned, leased, or rented by the department

2. Any vehicle loaned or granted to the department for use by an employee

(b) A supervisor shall be notified of all crashes involving APD vehicles and vehicles

operating in an emergency capacity.

1. Supervisors will respond to the scene of APD involved crashes within the city

limits or if directed by a Commander or above to conduct an investigation:

(a) The involved employee's immediate supervisor shall be contacted if they

are on-duty.

(b) If the involved employee's supervisor is off-duty, another supervisor on-

duty shall be notified.

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supervisor in the involved employee's chain-of-command shall be notified and assume

responsibility for follow-up of the incident.

(d) In the event the crash occurs outside the city limits of Austin, the investigating

supervisor shall determine what APD resources will be sent to the scene.

(e) Supervisors will determine if the incident meets the criteria for a crash or "damage to

city vehicle".

1. "Damage to City Vehicle" is:

(a) Any physical contact between a city vehicle while being operated and

another city vehicle, property, object, unoccupied and parked vehicle, or

animal which results in visible damage to either the city vehicle(s) or

another object with the following results:

1. No injuries

2. Damage to vehicle(s) and/or property is cosmetic

3. Vehicle(s) can still be safely and legally operated and

4. Damage to property is minor and there is no impairment to the

property's intended function

(b) Any incident where an approved police tactic (PIT maneuvers, Vehicle

Assaults, moving disabled cars w/ push bumpers) is used that causes

damage to either the police unit or the vehicle subjected to the police

tactic, shall not be designated as an "Officer Involved Crash". These

incidents will be handled and documented as "Damage to City Vehicle".

2. Reporting requirements for damage to city vehicle incidents:

(a) Involved officer(s) will notify their supervisor.

(b) Supervisors will inspect the damage and make a determination if the

incident is a crash or damage to city vehicle.

Damage to City Vehicle Info and annotate the vehicle's damage on the

Vehicle Damage List located on the Main APD SharePoint page.

(d) Photographs of the scene, vehicle(s), and/or property will be taken and

downloaded into the appropriate records management system.

(e) Vehicle damage will be documented and repair requests will be

submitted (if necessary) in PCO.

(f) Reviewing supervisors shall:

1. Send e-mail notifications with the incident report number prior to the

end of the tour of duty to the:

(a) Involved employee's chain of command up to the

lieutenant; and

(b) APD Risk Management.

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2. Review the primary reporting employee's incident report,

3. Ensure the Vehicle Damage List has been updated in

SharePoint, and

4. Add a Versadex case note to the report to document they were

notified, if they responded to the scene, and whether they have

reviewed the incident.

(g) Lieutenants in the reporting officers' chain of command will review

reports, photos, and any information related to the incident.

1. If the reviewing lieutenant determines that the officer is not

negligent, no further action is needed.

2. If the reviewing lieutenant determines that the officer is negligent

in the incident; the information is forwarded to the commander

for further review and action if appropriate (documented in field

notes, training, IAD, etc.).

346.6.1 REQUIRED REPORTING

(a) All crashes involving APD vehicles or non-APD City Emergency Vehicles (EMS,

AFD, others equipped with emergency lights and responsible for responding to

emergencies) shall have:

1. An incident report titled "Crash / City Vehicle" (3651) completed: and

2. A large, not-to-scale diagram; and

3. Digital photographs of the scene including damage to the vehicle(s) (taken

using the Axon Capture feature on the City issued cell phone, uploaded to

Evidence.com, and tagged with a 5 year retention); and

4. A CR-3, if required, and notate:

(a) If the unit was operating in an emergency capacity by checking the

appropriate box in the Vehicle/Driver section and document the details in

the Investigator's Narrative section, including the damaged vehicle unit

number and city number.

(b) When the crash involves an APD Vehicle, all involved APD employees shall complete

a supplement to the original report;

completed. Crashes involving APD vehicles and/or non-APD City Emergency Vehicles

that meet all of the following criteria do not require a CR-3 if the APD employee's

immediate supervisor approves the exception.

1. All vehicles involved belong to the City, or the vehicle has struck a fixed object,

or an animal only; and

2. There are no persons injured; and

3. The damage caused is less than $1,000

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346.6.2 INVESTIGATIVE SUPERVISOR RESPONSIBILITY FOR CRASHES INVOLVING

APD VEHICLES

A supervisor shall be notified of all crashes involving APD vehicles and respond to the scene if

within the city limits or if directed by a Commander or above. Additionally the supervisor will:

(a) Conduct an assessment of the situation and determine the appropriate reporting

parameters.

(b) Complete all required Workers' Compensation forms as outlined in General Order 956

(On Duty Injury and Illness) for each APD employee who was an occupant in the APD

vehicle AND has an injury, suspected injury, or any complaint or statement of pain or

injury, regardless of the level of complaint or statement. Supervisors will submit the

completed forms to the APD Workers' Compensation Office no later than 24 hours

from the crash.

1. During the supervisory investigation of the crash, if there are no reports of

injury, complaint/statement of pain; but the supervisor believes the totality of

the incident or the mechanism of the crash could have resulted in injury to any

occupant, the supervisor should complete all necessary Workers Compensation

forms.

violation of law or general order may have occurred concerning the officer's operation

of an APD vehicle.

(d) Ensure an Equipment Repair Request form is completed and turned into PCO.

(e) Send e-mail notifications with the incident report number, prior to the end of the tour

of duty, to the involved employee's chain of command up to the commander.

(f) Review the primary reporting employees' incident report for accuracy and

completeness.

(g) Ensure that any DMAV associated with the crash is properly categorized as Veh Hom

Crash Investigation - 3 yrs.

(h) Complete an Incident Review Packet on SharePoint filling in all applicable fields to

include:

1. All pertinent information relating to the crash,

2. The findings of the supervisor investigation, and

3. Any training issues or general order violations on the part of the involved

officer(s), if applicable.

(i) Create an electronic folder with the case number in the folder G:\Digital Incident

Review Folder containing all supporting documentation. Supporting documentation

includes but is not limited to:

1. Digital photographs of any injuries suffered by any party and any property

damage,

2. Copies of the incident and supplemental reports from all involved officers,

3. CAD call history if the involved officer was on a call,

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4. An electronic copy of the CR-3, if required,

5. An electronic copy of a large not-to-scale diagram of the crash, and

6. Copies of all-audio and/or video media of the crash. Supervisors shall identify

the applicable MAV information in Share Point IRP. Supervisors are not required

to provide a digital copy of audio/video media from a DMAV in car system.

(j) Forward the electronic link(s) to the SharePoint IRP and the digital incident review

folder within eight (8) working days from the date of the crash as follows:

1. APD Risk Management <[email protected]>, and

2. The involved employee's chain-of-command, up to the lieutenant, for review.

If the reviewing lieutenant believes the collision is an at-fault collision, the

lieutenant will forward the link(s) to the SharePoint IRP and digital incident review

folder to the commander.

346.7 CRASHES INVOLVING ALL OTHER LEASED, OWNED OR RENTED CITY

VEHICLES (OTHER THAN APD)

(a) All crashes involving City vehicles shall have:

1. A CR-3, if required, or

2. Crashes involving City vehicles that meet all of the following criteria do not

require a CR-3.

(a) The City vehicle has struck another City vehicle, a fixed object, or an

animal only; and

(b) There are no persons injured; and

(b) An incident report is not required solely based on the crash involving a city vehicle;

however, a responding officer shall complete an incident report if the crash would

otherwise require a report (e.g., LTS, DWI, death).

Communications that it is a City owned or leased vehicle and Communications should

ensure the contracted towing company for Fleet Services is contacted.

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Disabled Vehicles and Stranded Motorists

348.1 PURPOSE AND SCOPE

This order provides guidelines to Department personnel to check on and offer to provide

assistance to disabled or stranded motorist on all roadways within the City of Austin. The safety

of the vehicle occupants, the officer, and other motorists is the first priority. Removal of vehicles

posing a hazard or blocking traffic is essential to continuous safe and efficient traffic movement.

348.2 OFFICER RESPONSIBILITY

When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a

reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the

dispatcher should be advised of the location of the disabled vehicle and the need for assistance.

The dispatcher should then assign another available officer to respond for assistance as soon

as practicable.

348.3 EXTENT OF ASSISTANCE

In most cases, a disabled motorist will require assistance. After arrangements for assistance are

made, continued involvement by department personnel will be contingent on the availability of

department resources and the vulnerability of the disabled motorist.

348.3.1 MECHANICAL REPAIRS

Department personnel may provide minor mechanical assistance (e.g., change flat tires, provide

electrical battery boost) to a disabled vehicle.

348.3.2 PUSH/BUDDY BUMPER USE

If exigent circumstances exist or with the permission of the vehicle operator, officers may push

a disabled vehicle out of roadway to a safe location using their push/buddy bumpers. Refer to

General Order 804 (Vehicle Use) on their proper use.

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Vehicle Towing and Impound

350.1 PURPOSE AND SCOPE

This order provides the procedures for towing a vehicle by or at the direction of the Austin Police

Department.

350.1.1 DEFINITIONS

(a) Impound Wrecker: For purposes of this order, impound of a motor vehicle means the

taking of a vehicle from a street, alley, highway, sidewalk or public thoroughfare, and in

some instances a public place, into actual constructive police custody. It is the removal

of a vehicle from where it is initially located, and may also include continued retention of

the vehicle in a garage, vehicle storage facility, or other place of safekeeping. Only the

authorized impound wrecker service will be used to tow and store impounded vehicles.

1. The following are situations/circumstances which do not constitute an impound.

(a) The towing/removal of a vehicle from the scene of a crash due to damage.

(b) The removal of an unauthorized vehicle from a private parking lot by the

person who has care, custody and control of the lot.

a nearby place of safety.

(d) The towing of a vehicle seized by police under applicable forfeiture

proceedings.

(b) Preference Wrecker: An APD approved wrecker that is requested by the driver or

owner of a vehicle.

contracted tow management company once a request for a wrecker is made by the

officer to dispatch.

(d) Hold: an obligatory request made by an investigative unit for a tow storage facility

to retain and secure an impounded vehicle for criminal investigatory or evidentiary

purposes until the investigative unit authorizes release.

(e) Inventory: a limited, care taking responsibility by the police to ensure that vehicles

and items of value left in a vehicle are properly handled to protect the property

owner from loss, protect the police from potential false claim of lost property, and

protect persons from injury due to the potential that a vehicle could contain dangerous

instrumentalities.

350.2 GENERAL TOWING GUIDELINES

350.2.1 TOWING SITUATIONS

Vehicles shall be towed using an authorized Preference or Non-Preference wrecker in the

following situations:

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(a) Vehicles disabled due to a traffic crash that must be removed from the scene

regardless of whether the driver is arrested, as outlined in General Order 346 (Crash

Investigation and Reporting).

(b) All other disabled vehicles where the driver is on-scene, officers are providing

assistance and the driver is requesting the vehicle be towed.

350.2.2 DRIVING A NON-CITY VEHICLE

Non-City vehicles should not be driven by police personnel unless it is necessary to accomplish

a legitimate law enforcement objective, such as moving a vehicle a short distance to eliminate

a hazard, preventing the obstruction of traffic, complying with posted signs, or maintaining the

integrity of an undercover operation. Employees should be mindful of the liability incurred when

operating non-city vehicles and only operate the vehicle for the shortest distance necessary to

accomplish the objective.

350.3 IMPOUND GUIDELINES

The decision to impound may be made by any officer as long as the vehicle is in violation of any

City ordinance related to traffic or parking, or constitutes a traffic hazard.

(a) Officers may impound vehicles that are authorized to be impounded. Circumstances

permitting an impound are listed in 350.3.1 (Authorized Impounds).

(b) A vehicle is considered impounded once the wrecker has been called by

Communications.

1. In the event that the owner/operator of the operable vehicle arrives before the

arrival of the authorized impound wrecker, officers should attempt to cancel the

wrecker.

2. If the authorized impound wrecker cannot be canceled, the owner/operator of

the vehicle must settle with the authorized impound wrecker service by payment

of a standard fee at the scene or the vehicle will be impounded by the wrecker.

1. Complete an APD Impound/Wrecker Report and provide the contacted wrecker

service driver with the appropriate copy.

2. Contact dispatch and have the towed/impounded vehicle entered into the

Impound/BOLO file prior to the removal of the vehicle.

(d) When a vehicle is impounded, the impounding officer will deliver the ignition key, if

available, to the wrecker driver.

(e) Unless authorized by an investigative unit, a vehicle should not be placed on hold

when the vehicle contains only evidence, contraband, or products of crimes that can

be easily removed with no reduction in the evidentiary value of such material. If a hold

is authorized, the investigative unit and authorizing detective will be documented in

the officer’s report and follow guidelines in policy 350.3.2 Hold Procedures.

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350.3.1 AUTHORIZED IMPOUNDS

(a) Officers impounding a vehicle under the following authorized situations/circumstances

must complete an incident report entitled Impounded/Moved Vehicle. The report

must identify the vehicle, location, time, registered owner, wrecker service and must

justify or show probable cause for the impound based on one or more of the

following situations/circumstances:

1. The operator of the vehicle has been arrested and the vehicle is not needed for

evidentiary purposes.

2. It is an abandoned vehicle or junked/nuisance vehicle as defined in the Texas

Transportation Code.

3. The vehicle is listed in the BOLO file as a "Stop, ID and Impound" (e.g., UUMV).

4. Municipal Court has issued an order that a specific vehicle be impounded due

to outstanding parking citations.

5. When there is articulable probable cause to believe that the vehicle:

(a) Is the instrument, fruit, or evidence of a crime; or

(b) Contains an instrument, fruit or evidence of a crime; or

immediate location of the vehicle is not readily available, or appears futile.

1. The vehicle will be accompanied by APD personnel, until secured in

the lot, to maintain proper chain of custody.

2. The Crime Scene Section will be notified if the vehicle is to be

secured inside the Vehicle Processing Facility.

(b) Officers impounding a vehicle under the following authorized situations/circumstances

shall make detailed CAD notes identifying reasons for the officer's presence (officer

initiated, call for service, etc.), reason for impound (special event, hazardous violation,

etc.), and authority for impound (citation, city ordinance, emergency, etc.) If a citation

is issued, a photograph of the vehicle violation(s) shall be taken and attached to the

e-citation as evidence:

1. Due to any catastrophe, emergency or unusual circumstances the safety of the

vehicle is imperiled and it cannot be moved to a safe place by other means.

2. The vehicle (including non-motorized) is an immediate and substantial hazard

to persons or property because of the vehicle's location and/or condition.

3. The vehicle (including non-motorized) is unattended and parked, stopped or left

standing upon any alley, highway, street, sidewalk, or other thoroughfare within

the City in apparent violation of state law or City ordinance and the vehicle:

(a) Has been ticketed for illegal parking at least ten (10) minutes before

beginning the impound process and the vehicle is in:

1. A commercial delivery zone; or

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2. Any area on a public roadway or alley marked "No Parking/Tow-

Away Zone."

(b) Is obviously obstructing the safe and orderly flow of vehicular and/or

pedestrian traffic and it is impractical to move the vehicle to a nearby

location.

350.3.2 HOLD PROCEDURES

(a) An investigative unit detective or any investigative supervisor at the rank of sergeant

or above may place a hold on an impounded vehicle. This will often occur after patrol

has communicated with an investigative unit and been given instructions to secure the

vehicle for evidentiary or forensic reasons.

(b) The investigative unit has ten (10) days to place an extended hold on the vehicle. After

ten (10) days, if no extended hold has been initiated by the investigative unit the vehicle

will be released by the tow company.

is determined that the vehicle is no longer needed for investigative or evidentiary

purposes.

(d) Vehicle holds shall be documented as follows:

1. The impounding officer must complete the impound sheet indicating the

investigative unit that is requesting the hold and provide it to the tow truck driver.

2. The impounding officer shall document the hold in their incident report, including

the name and badge number of the employee authorizing the hold, and the

investigative unit.

3. The investigative unit/detective or supervisor requesting the hold shall make the

initial vehicle hold entry by completing the APD Vehicle Holds SmartSheet form

located on the Investigations SharePoint page within 24 hours of the vehicle

being impounded.A confirmation email will be sent to the investigative unit’s

resource account which will allow the unit/detective to make updates to the entry.

(a) If the vehicle is being placed on hold for forensic processing, the

investigative unit/detective shall contact the Crime Scene Unit, in advance,

and ensure they are able to meet the vehicle at the designated Crime

Scene Unit processing facility.

(b) The vehicle will be accompanied by APD personnel until secured in the

forensic processing facility to maintain proper chain of custody.

(e) If the vehicle needs to be held past the initial ten (10) day hold or is ready to be

released, the appropriate investigative unit shall notify the vehicle storage facility via

the SmartSheet update form found in the resource account.

(f) Sergeants of investigative units will periodically review vehicles on hold for release or

continuation of hold status.

(g) Supervisors should be aware that storage fees will begin to accumulate for the owner

once the investigative unit releases the hold.

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350.3.3 WAIVER OF STORAGE FEES

(a) Only supervisors at the rank of sergeant or above may approve the waiver of tow and/

or storage fees for the vehicle owner.

(b) If the vehicle would have otherwise been impounded or towed from a scene due to any

other authorized purpose, supervisors will not waive tow or storage fees for vehicles

that have been impounded for investigative or evidentiary purposes. (i.e. a vehicle not

operable due to damage from a crash that would have required a tow even if it was

not impounded.)

report.

350.3.4 RELEASE PROCEDURES

(a) Following an arrest, if the vehicle is not needed for evidentiary purposes, the vehicle

may be released at the officer’s discretion to a responsible person present at the scene

if the owner/operator requests it.

1. The person taking custody of the vehicle must be in possession of a valid driver’s

license and be capable of providing care, custody, and control of the vehicle.

2. The identity of the person (name, DOB, driver’s license, address) who takes

custody of the vehicle shall be noted in the officer’s incident report.

(b) If it is determined that an impounded vehicle needs to be released immediately and

there was no hold placed, the following steps should be taken:

1. A supervisor the rank of sergeant or above will contact the authorized impound

company via email and advise to release the vehicle without charge. The

Wrecker Enforcement Unit should be copied on the email.

2. The supervisor will add a supplement to the incident report to indicate the fact

that the fee was waived.

released by the investigative unit by updating the database entry via the SmartSheet

update form found in the unit’s resource account. If the update form is not available,

please email [email protected] to have the vehicle released.

(d) The storage facility operator will be responsible for the release of all vehicles according

to state law.

350.4 VEHICLE INVENTORY

(a) In all incidents where a vehicle is impounded, officers will conduct an inventory of

the vehicle for damage and any items of personal property. In rare circumstances, an

investigative unit may direct an on-scene officer not to conduct an inventory because

the investigative unit determines that the inventory would unreasonably jeopardize the

evidentiary/forensic integrity of the vehicle. The direction to not inventory should be

documented using BWC and in the incident report.

(b) Officers conducting a vehicle inventory must have their BWCs activated. Officers

should also use the APD Wrecker/Impound report PD0068 in either electronic or paper

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format. When practicable the owner/operator should sign the Wrecker/Impound form

and be provided a copy. Such an inventory is a care taking function intended to protect:

1. The owner's property while it remains in police custody or at the police impound

facility.

2. The police against claims or disputes over lost or stolen property.

3. Persons where the nature of the property can cause harm.

1. The exterior for body damage.

2. Those places in a vehicle where a person ordinarily would store or leave items

of personal property. Those areas can be but are not limited to:

(a) Passenger compartment.

(b) Trunk, console, glove box, and attached locked containers (e.g., toolbox)

if the key is readily available.

3. The inventory will include contents of locked containers (e.g., briefcase,

footlockers) if the key or combination is readily available. If the key is unavailable,

containers/compartments may be opened with supervisor's approval.

(d) All vehicle damage and personal property located during an inventory of a vehicle will

be listed on the APD Wrecker/Impound Report, or documented using BWC by verbally

narrating the observed damage to the vehicle, and inventory of contents, including

property description and location.

(e) Property that is removed from a vehicle by the police during the inventory will be

handled as follows:

1. Turned over to the owner if practicable while utilizing the BWC, and documented

in the incident report if one is generated. If ownership of property is disputed,

the item will not be released and instead turned into evidence for safe keeping.

2. Property of value that cannot be turned over to the owner/driver will be turned

into APD Evidence. The items taken from the vehicle will be identified on BWC

as seized for safe keeping or evidence. The incident report will document items

taken into police custody in the property section and the narrative of the report.

3. If the owner of the property is the arrested subject, and the owner is in a state to

make rational decisions, the owner may designate that items of value be turned

over to a third party on scene. The officer will identify the subject taking custody

of the items and enter the subject into the entities section of the report, and

document all items turned over in the narrative of the report. The consent to

release property to a third party, and the third party taking custody of property

should be documented on BWC. If the third party refuses to be identified, the

officer will turn the property into evidence for safe keeping.

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(f) If an item of contraband, or fruit or instrument of a crime is found during a vehicle

inventory, it may be seized and the person in possession of the vehicle arrested for

the appropriate offense(s).

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DWI Enforcement

355.1 PURPOSE AND SCOPE

The responsibility to remove intoxicated drivers from the roadway extends to all sworn members

of the Department. This order establishes guidelines for the detection, arrest, and processing

of drivers who are suspected of operating a motor vehicle while intoxicated. It also provides

guidelines for the implementation of the Texas Administrative License Revocation (ALR) Statute

for intoxicated drivers who either refuse or fail a blood or breath test.

355.1.1 DEFINITIONS

Administrative License Revocation (ALR) - The administrative process to suspend the drivers

license of persons who refuse or fail a breath and/or blood test.

Breath Alcohol Testing Bus (BAT Bus) - A vehicle deployed by the DWI Unit at various locations

around the City of Austin to process and obtain breath and/or blood samples from drivers arrested

for DWI.

Drug Recognition Expert (DRE) - An officer trained and certified by the International Association

of Chiefs of Police to recognize impairment in drivers under the influence of drugs other than, or

in addition to, alcohol using the 12 Step Drug Evaluation and Classification process

Intoxication/Intoxicated - As defined in Chapter 49, Texas Penal Code.

Minor - For purposes of this order, any person under 21 years of age (Tex. ABC 106.01).

355.2 HANDLING SUSPECTED DWI DRIVERS

Officers shall make the appropriate DWI arrest when probable cause exists.

355.2.1 REASON FOR STOP

Officers may stop a vehicle when they:

(a) Observe a traffic violation; or

(b) Develop reasonable suspicion that a person in the vehicle has been, is currently, or is

about to be engaged in criminal activity based on specific and articulable facts by the

officer or from information provided by credible witness(es).

355.2.2 REQUESTING A DWI ENFORCEMENT OFFICER

Officers who encounter a driver exhibiting characteristics of intoxication may request a DWI

Enforcement Officer to conduct the preliminary DWI investigation as outlined below:

(a) A request for a DWI officer requires the approval of a DWI supervisor when:

1. The requesting officer has less than 2 years APD patrol experience; or

2. The driver is physically combative; or

3. The driver is under arrest, or will be arrested, for another offense.

(b) If a DWI Officer is available to respond, the following guidelines apply:

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1. The requesting officer should not perform any field sobriety tests on the driver.

2. Driver's license and warrant checks should not be conducted prior to DWI officer

arrival unless it is an officer safety issue. Any findings in reference to prior DWI

offenses shall not be given to the DWI officer until after field sobriety tests are

conducted.

3. If the incident involves a crash and/or offense where the officer did not witness

the subject driving, officers should identify any witnesses on scene that can

positively identify the driver(s) and request that they remain on scene until

investigators can obtain their statement.

4. Any charges to be filed in addition to DWI shall be filed by the stopping officer.

5. If the DWI officer arrests a driver for DWI during an assist and that driver is

subsequently transported to any hospital for a medical reason (other than to

obtain a blood draw for the DWI investigation), it shall be the responsibility of an

officer from the originating patrol area to guard the prisoner at the hospital and

later transport the prisoner to jail.

DWI investigation and take appropriate enforcement action. A DWI officer should be

considered unavailable if they are not en-route within 15 minutes of the assist request.

355.3 PRELIMINARY DWI INVESTIGATION

Officers must be able to articulate specific facts that lead to the development of probable cause

for a DWI arrest. This can be done through observations, use of a field interview, and field sobriety

tests.

(a) Units equipped with a Mobile Audio Video (MAV) recording system for which the officer

has been trained shall, if possible, position the device in such a way as to record the

field interview and field sobriety tests.

355.3.1 FIELD INTERVIEW

A field interview should be conducted to document the following:

(a) Any characteristics of intoxication exhibited by the driver (e.g., odor of alcoholic

beverage on the breath, bloodshot or glassy eyes, impaired speech).

(b) Interview answers given by the driver (e.g., originating location, destination, alcohol

consumption).

355.3.2 FIELD SOBRIETY TESTS

Officers trained and certified in the administration of the SFST (e.g., Horizontal Gaze Nystagmus

(HGN), Walk and Turn, One Leg Stand) shall conduct the tests during a DWI interview.

(a) Officers not trained and certified in the SFST should request a trained and certified

officer to the scene.

(b) Officers should go through the instructions for each SFST and give the driver an

opportunity to complete the test, even if the driver does not wish to perform any of

the requested tasks.

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driver to submit to a preliminary alcohol screening test. This test is to be performed

by an officer who has been trained in the use of the device. The officer will administer

the admonishment listed in the training manual.

(d) Officers are not required to conduct the SFST when:

1. Physical limitations of the driver preclude its use; or

2. The safety of the officer and/or driver may be compromised; or

3. The tests are impractical for some other articulable reason.

(e) Other field sobriety tests (e.g., Romberg Balance Test, Finger to Nose) may be

conducted to further develop probable cause but should not be used as a substitution

for the SFST, unless necessary.

355.3.3 HANDLING MINORS

(a) DWI - Minors are subject to the same standard in developing probable cause to

determine intoxication for a DWI arrest. If the field interview and SFST indicate that a

minor is intoxicated, they may be arrested for DWI.

(b) DUI - Minor that do not exhibit signs of intoxication and/or have passed the SFST

but has any detectable amount of alcohol on their breath may be arrested for Driving

Under the Influence (DUI) Minor-Alcohol (Class C misdemeanor). Officers shall either

arrest the minor or issue a field release citation for DUI Minor-Alcohol as follows:

1. Arrest

(a) Officers may request a breath specimen by reading a DIC-24, if desired.

The DIC-24 does not need to be read to a minor unless a breath specimen

is being requested.

1. If the minor refuses to provide a sample, or the sample shows an

alcohol concentration greater than or equal to.001, issue the DIC-24,

DIC-25 and seize the minor's Texas drivers license.

2. If the officer does not request a sample, do not seize the minor's

Texas drivers license.

(b) Breath Samples From Minors Under 18 Years of Age

1. The Family Code, Title 3, Chapter 52, Section 52.02(d) states that a

juvenile taken into custody for DUI Minor-Alcohol may submit to the

taking of a breath specimen without the concurrence of an attorney,

but only if the request and the child's response to that request is

videotaped.

2. In accordance with this statute, officers wishing to request a breath

specimen from a juvenile arrested for DUI Minor-Alcohol must

videotape the administration of the DIC-24 prior to administering the

intoxilyzer test.

2. Field Release Citation

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(a) Along with the citation, issue a DIC-25 and turn the minor over to a

responsible adult.

(b) A minor shall not be allowed to drive the vehicle from the scene if issued

a citation. Disposition of the vehicle shall be made in one of the following

ways:

1. Release the vehicle at the scene to a licensed, sober passenger.

2. Contact a parent or other adult to come to the scene and assume

custody of the minor/vehicle.

3. If none of the above options are available (e.g., the minor is from

out-of-town), the vehicle may be impounded and the minor arrested

and transported to a Juvenile Detention Facility or County booking

facility, as appropriate.

(a) If the detention facility will not accept custody of the minor due

to the category of offense, officers shall follow General Order

317.2.5.(b) RELEASING A JUVENILE FROM CUSTODY.

355.4 REQUESTING A SPECIMEN

After placing a driver under arrest, officers may read the DIC-24 (DIC-55) and request a specimen

of the drivers' breath and/or blood.

(a) The reading of the DIC-24 (DIC-55) should be recorded using a unit equipped with an

MAV recording system or a booking facility video room.

(b) If the driver agrees to provide a specimen of their breath and/or blood, follow the

appropriate specimen guidelines outlined below.

guidelines outlined below.

355.4.1 FORCE TO OBTAIN SPECIMEN

(a) Officers shall not coerce a driver to submit to a breath or blood test.

(b) Officers shall not use force to compel a driver to submit to a breath or blood test except

in cases authorized by mandatory blood draws or as a result of a search warrant for

blood.

1. Only the least amount of force reasonable to obtain the specimen may be used

when force is authorized and should generally be limited to soft restraints.

355.4.2 BOOKING FACILITY VIDEOTAPING

(a) If the field interview and field sobriety tests were videotaped by means of an MAV

recording system and during that taping the driver refused to give a breath or blood

specimen, it is not necessary to videotape the driver again.

(b) If the driver refuses both breath and blood tests and the SFST were not taped by a

MAV recording system, the officer shall videotape the driver at the appropriate County

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booking facility. The following steps and procedures shall be followed in the video

room:

1. Attorneys for drivers shall not be allowed in the video room.

2. After entering the video room, make reasonable attempts to keep the driver

within the viewing area of the camera.

3. If the driver is not cooperative and refuses to stand up in the video room, do not

force the driver to stand.

4. The officer shall go through all appropriate steps listed in the video room, even

if the driver does not wish to perform any of the requested tasks.

5. The officer shall display the DIC-24 (DIC-55) that was already read and ask the

driver if they wish to sign it to indicate their refusal.

6. The officer shall give the driver their copies of the DIC paperwork while being

recorded.

7. The driver shall be booked into jail for DWI.

355.5 BREATH SPECIMEN GUIDELINES

(a) If a driver has consented to give a specimen of their breath, take the driver to an

intoxilyzer testing location at the BAT Bus or County booking facility.

1. The intoxilyzer shall only be administered by a trained and certified Intoxilyzer

Operator (IO).

2. Officers transporting a driver to a County booking facility shall request dispatch

to have an IO meet the officer at the facility, if needed.

(b) Upon arrival to an intoxilyzer testing location and prior to taking a breath specimen,

officers shall record the reading of the DIC-24 (DIC-55) to the driver if it hasn't been

done yet. If the driver is a Spanish speaker, the tape-recorded DIC-24S shall be played

or a Spanish-speaking officer shall read the DIC-24S.

355.5.1 INTOXILYZER RESULTS

(a) If the intoxilyzer results indicate the driver's alcohol concentration was at or above

the legal limit, they shall be charged with DWI. Officers shall follow the appropriate

booking guidelines outlined in this order.

(b) If the intoxilyzer results indicate the driver's alcohol concentration was less than.05

grams of alcohol per 210 liters of breath, it shall be presumed that the person was not

under the influence of an alcoholic beverage at the time of the alleged offense.

1. The arresting officer shall contact their supervisor or a DWI Enforcement Unit

supervisor.

2. The responding supervisor shall review the MVR recording of the initial stop and

subsequent investigation.

3. Absent confirmation of the presence of drugs through an examination by a

Drug Recognition Expert, the responding supervisor shall order the release of

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the driver or direct the officer to issue a citation for the original traffic or other

violation.

supervisor or a DWI Enforcement Unit supervisor.

1. The responding supervisor shall review the MVR recording of the initial stop and

subsequent investigation. If it is determined that the level of impairment exhibited

by the driver, and the totality of the circumstances surrounding the arrest still

warrant the continued detention, the supervisor shall approve the arrest of the

driver.

2. If the responding supervisor, after review of all the evidence including the

intoxilyzer results, determines there is insufficient probable cause to support the

DWI charge, they shall order the release of the driver.

(d) If the driver exhibits symptoms of intoxication but the intoxilyzer results do not indicate

a level of alcohol concentration consistent with the impairment displayed, the driver

may be asked for a specimen of their blood and if they would consent to a DRE

evaluation. If the driver was not videotaped during the initial stop, they must be

videotaped when the request is made.

1. If the driver consents to a DRE evaluation, it shall be administered by a trained

and certified DRE. Based on the outcome of the evaluation, the driver will either

be booked into jail or released.

2. If the driver only consents to a blood specimen, follow the blood specimen

guidelines outlined in this order.

3. If the driver does not consent to a blood specimen, even after supplying a breath

specimen, seize their Texas drivers license and follow the booking guidelines

outlined in this order.

355.6 BLOOD SPECIMEN GUIDELINES

Officers shall adhere to the following guidelines if requesting a blood specimen from a driver after

reading the DIC-24 (DIC-55) and the driver:

(a)

Refuses to give a specimen but meets the conditions for a mandatory blood draw (with

DWI Supervisor approval); or

(b)

Refuses to give a specimen but meets the requirements for obtaining a blood search

warrant; or

(c)

Voluntarily consents to give a blood specimen.

355.6.1 MANDATORY BLOOD DRAWS

(a) When an officer arrests a DWI suspect who refuses to provide a voluntary breath or

blood test and who falls under the following criteria, the officer will contact their corporal

(or another corporal on duty) and attempt to obtain a blood search warrant.

1. A death has occurred or is likely to occur as a result of the collision; or

2. Serious bodily injury occurred to another as a result of the collision; or

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3. Bodily injury occurred to another and that person was transported to a medical

facility; or

4. The driver has 2 or more prior convictions for DWI; or

5. The driver is being charged with DWI with a child passenger under 15 years of

age; or

6. The driver has 1 or more prior convictions for Intoxication Manslaughter; or

7. The driver has 1 or more prior convictions for DWI with a child passenger under

15 years of age.

(b) In the unusual case that an officer feels there is an exigency or they do not have time

to apply for a blood search warrant, the officer shall contact an on-duty (or on-call)

DWI supervisor for approval for a warrentless blood draw. Officers should be aware

that there is a magistrate at the Travis County Jail 24 hours a day for warrants. The

DWI supervisor will determine if exigency articulated by the officer overrides the blood

search warrant requirement.

1. For a blood search warrant in Williamson County, contact the Williamson County

booking desk and determine if there is an on-duty or on-call magistrate for

review of a blood search warrant. If they are not available, an Austin Municipal

Magistrate may be utilized.

355.6.2 BLOOD DRAW PROCEDURES

(a) Blood draws performed at the Travis County Central Booking Facility shall be recorded

by the video cameras in the phlebotomy room.

(b) The following lists the available locations for mandatory blood draws, blood search

warrants, and voluntary blood draws:

1. Daily from 9:30 p.m. to 5:30 a.m. transport the driver to Travis County booking

and have the medical professional perform the blood draw.

2. All other times, request dispatch to contact the on-call DWI officer. The DWI

officer will contact the medical professional to respond to the jail and perform

the blood draw.

3. For blood draws in Williamson County, contact the booking desk and determine

if the jail nurse is available for a blood draw. If they do not have a nurse available,

transport the suspect to the Georgetown Hospital to have a medical professional

complete the blood draw.

4. Hospital Setting

(a) If the suspect has been transported to a hospital, the evidentiary blood

draw can be done by medical personnel at the hospital.

(b) There is no need to contact the Department medical professional if the

hospital is performing the blood draw.

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Evidence Collection Procedures) and placed in the appropriate refrigerated drop box

for processing by the APD Crime Lab, along with appropriate routing and chain-of-

custody paperwork.

355.7 DWI BOOKING GUIDELINES

When booking a driver into jail for DWI, the arresting officers shall:

(a) Complete a booking sheet and indicate the appropriate DWI charge.

(b) Complete the DIC-24 (DIC-54):

1. Notate what type of specimen was requested; and

2. Whether a specimen was provided; and

3. Give a copy of the document to the driver.

their Texas driver's license when the driver:

1. Refuses to provide a specimen; or

2. Provides a breath specimen with results at or above the legal limit.

(d) Do not seize an out-of-state license from a driver or a driver who provides a voluntary

blood sample.

355.8 FILING DWI CHARGES

355.8.1 REQUIRED ADMINISTRATIVE LICENSE REVOCATION DOCUMENTATION

(a) The following Administrative License Revocation (ALR) documents are required when

making an arrest for DWI:

1. Motor Vehicles

(a) DIC-23 - Peace Officer Sworn Report.

(b) DIC-24 - Statutory Warning.

2. Commercial Motor Vehicles

(a) DIC-54 - Peace Officer Sworn Report / Commercial Motor Vehicles.

(b) DIC-55 - Statutory Warning / Commercial Motor Vehicle Operators.

(b) The following documents are required when taking a breath and/or blood specimen:

1. TLE-51A Affidavit of Person who Withdrew Blood.

2. The APD Chemistry Lab Blood Alcohol Submission Form is used when a

blood specimen is taken.

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speaking drivers: DIC-24S, DIC-25S, DIC-57S.

355.8.2 DIRECT FILING DWI CHARGES

(a)

Officers direct filing charges for DWI shall complete the following documentation to

be turned in to a DWI Enforcement supervisor if utilizing the BAT Bus or the Arrest

Review detective if going directly to a County Booking facility:

Case disposition sheet; and

Original signed DWI PC Affidavit; and

Required ALR paperwork; and

Intoxilyzer results if a breath sample was given; and

TLE-51A if a blood sample was given; and

Any seized Texas drivers license, if applicable; and

Copy of Blood Search Warrant paperwork, if applicable.

(b)

Officers who request a DWI officer that subsequently arrests the driver, shall:

Write a supplement to the incident report;

Complete any CR-3 (Crash Report), if applicable;

Submit into evidence any in-car recording(s) showing event's prior to arrival of

the DWI officer.

355.8.3 ADDITIONAL WILLIAMSON COUNTY GUIDELINES

(a) Officers arresting and booking a driver into Williamson County Jail are required to get

DWI Enforcement Unit or Arrest Review Unit review and approval on arrests.

(b) In addition to copies of the required documentation listed above, officers shall turn in

the following to the Williamson County Booking Officer:

1. Williamson County Sheriff's Department Arrest Report or a copy of the incident

report, if printed out and available. The Williamson County form does not replace

the requirement of officers to complete an incident report

drivers license shall be stapled together and forwarded to the Traffic Office.

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Outside Agency Assistance and Joint Task

Forces

362.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidance to officers when requesting assistance or

answering a request for assistance from another law enforcement agency.

It is the order of this department to provide assistance whenever possible, consistent with the

applicable laws of arrest and detention orders of this department, when another law enforcement

agency requests assistance with an arrest or detention of any person. This department may also

request an outside agency to provide assistance.

362.1.1 PUBLIC REQUESTS FOR SERVICE IN ANOTHER JURISDICTION

All incoming calls from the general public requesting police assistance at a location not within the

geographical jurisdiction of the Austin Police Department shall be immediately routed or referred

to the proper agency.

362.2 ASSISTING OUTSIDE AGENCIES

362.2.1 REQUESTS FOR NON-EMERGENCY ASSISTANCE

(a) Requests of Minor Nature

1. Law enforcement agencies making a minor nature request of APD (e.g., back-

up on traffic, identification inquiries) shall normally be processed through APD

Communications.

(b) Requests for Major or Specialized Non-Emergency Assistance

1. Law enforcement agencies making a formal request for any major or specialized

non-emergency assistance shall be advised to contact the following APD

supervisors:

(a) Uniform Personnel - Affected commander or lieutenant.

(b) Specialized Investigative or Tactical Assistance - Investigations

commander, Organized Crime commander or Special Operations

commander, as the situation dictates.

manager or Victim Services manager, as the situation dictates.

2. In the absence of the above APD supervisors, the Watch Lieutenant or Duty

Commander shall be contacted.

3. APD supervisors shall notify the chain-of-command up to the affected assistant

chiefs if it is determined a service request will take an extended period of time

and impact APD resources.

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362.2.2 REQUESTS FOR EMERGENCY ASSISTANCE

Law enforcement agencies may request emergency assistance from the Department at any time.

Such requests are categorized and handled as follows:

(a) Immediate Emergency Assistance

1. These are incidents in which another agency's officers are within or immediately

adjacent to our jurisdiction and have encountered a situation or incident requiring

immediate assistance (e.g., officer needs assistance, major crashes).

2. Such requests are normally received by APD Communications which is

responsible for:

(a) Determining the nature of the request; and

(b) Dispatching the appropriate APD units to assist; and

(b) Formal Emergency Assistance

1. This type of request is normally made when another agency's resources have

been overwhelmed or need to be supplemented (e.g., disasters, hostage/

barricade situations, explosive devices, mass casualty incidents).

2. The affected assistant chiefs, or in their absence the Duty Commander, shall be

immediately notified and will make a decision as to what extent the Department

will honor such requests.

362.2.3 COMMAND AND COORDINATION OF APD PERSONNEL

(a) APD personnel shall not be placed under the command of any outside agency.

(b) Any APD Units dispatched for routine assistance to another agency shall contact the

other agency's officer-in-charge to render approved assistance but shall remain under

the direct control of an APD supervisor.

outside agency:

1. The ranking APD patrol supervisor shall assume command and responsibility of

all assigned APD patrol officers.

2. The ranking APD support unit supervisor shall assume command and

responsibility of all APD support unit personnel.

3. The responsible supervisors shall coordinate their efforts with each other and

with the ranking supervisor of the outside agency.

4. If there is only one APD supervisor on-scene and several units of the Department

are present, that supervisor shall assume command and responsibility of all APD

personnel and shall coordinate operations with the ranking supervisor of the

outside agency.

(d) The appropriate Commanders or Duty Commander shall be kept informed by the on-

scene ranking APD supervisor of the progress, delays, or conclusion of any operation.

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(e) When a long-term investigation is being performed jointly with another law

enforcement agency, the affected Commanders will maintain liaison with the outside

agency.

362.3 JOINT INVESTIGATIVE TASK FORCE

An investigative task force may be established when normal resources are unable to cope with a

problem or would aid in the investigation of certain types of offenses.

(a) To request establishment of a joint task force a written memorandum of understanding

or task force agreement must be completed and agreed to by the involved agency

or agencies.

(b) The decision to establish any joint task force must be approved by the Chief or

designee.

This will be accomplished in accordance with any prescribed security or confidentiality

clauses established in each task force agreement.

362.3.1 JOINT TASK FORCE MANAGER

Once the decision to establish an investigative task force has been approved, a joint task

force manager will be appointed. Selection of the joint task force manager will be based upon

work experience, management skills, the overall reputation of the candidate and the type of

investigation.

(a) The joint task force manager will be of the rank of lieutenant or higher, depending on

the scope of the problem or investigation, and requires final approval by the Chief or

designee.

(b) The joint task force manager will be responsible for:

1. Establishing accountability for all facets of the operation.

2. Identifying all available resources required.

3. Briefing the Chief or designee periodically, or as requested, on the progress of

the task force.

4. Preparing an after-action report to be presented to the Chief or designee

detailing:

(a) Expenditures (e.g., overtime, equipment, travel).

(b) Staff-hours used.

(d) Property and contraband recovered or seized.

(e) Effectiveness of task force.

(f) Recommendations.

5. Forwarding a copy of the after action report to Planning and Analysis for

archiving.

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362.3.2 APD PERSONNEL IN JOINT TASK FORCES

When APD personnel are assigned to assist other agencies in either long- or short-term joint task

forces:

(a) APD personnel will remain under the control of a specified APD supervisor.

(b) Reporting procedures shall be established by APD supervisors to ensure regular

reports are received from APD employees regarding their activities.

the involved employee's chain-of-command.

(d) Affected assistant chiefs may request periodic reports from a chain-of-command either

recommending the continuation or termination of the employee's involvement.

362.4 NOTIFICATIONS AND INVESTIGATIONS INVOLVING AUSTIN INDEPENDENT

SCHOOL DISTRICT (AISD) POLICE

(a) AISD Police have agreed to notify APD Communications when incidents of a serious

nature (e.g., Homicide, Aggravated Assault, and Sexual Assault) occur on school

property.

1. APD Communications will contact an APD patrol supervisor with details of the

incident and will supply a contact number for the AISD police supervisor.

2. The APD supervisor will determine what, if any, response is needed from

APD and will confer with the AISD supervisor on which agency will assume

investigative responsibility.

(b) APD Communications shall notify AISD police of any AISD school related safety issues

(e.g., fire around school property during school hours) or serious incident affecting

AISD students (e.g., death of an AISD student, AISD bus crash).

AISD schools or students, APD PIO first shall notify AISD PIO.

362.5 REQUESTING ASSISTANCE FROM OTHER AGENCIES

An APD supervisor shall coordinate any assistance needed from outside agencies.

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Off-Duty Law Enforcement Actions

364.1 PURPOSE AND SCOPE

The decision to become involved in a law enforcement action when off-duty can place an officer as

well as others at great risk and must be done with careful consideration. This order is intended to

provide guidelines for officers of the Austin Police Department with respect taking law enforcement

action while off-duty. The same standard of objective reasonableness that applies to on-duty

enforcement actions shall also apply to off-duty enforcement actions.

This order does not apply to officers who are working in an undercover or approved secondary

employment capacity.

364.2 POLICY

Initiating law enforcement action while off-duty is generally discouraged, particularly when officers

are outside their jurisdiction. Reporting to the appropriate law enforcement agency and safe

monitoring of suspected criminal activity is favored.

(a) Officers should not attempt to initiate enforcement action when witnessing minor

crimes; Officers are not expected to place themselves in unreasonable peril.

(b) Officers who become aware of an incident or circumstance that they reasonably

believes poses an imminent threat of serious bodily injury or death, or significant

property damage, should take reasonable action to minimize the threat.

jurisdiction.

364.3 FIREARMS

Officers of this department may carry firearms while off-duty in accordance with federal and state

law and department general orders.

(a) Any officer wishing to carry a firearm while off-duty is authorized to do so as either a

law enforcement officer as allowed by this order or as a civilian under the authority of

the state issued license, not both.

(b) Officers shall carry their Department issued badge and identification card when

carrying firearms off-duty under the authority granted to a law enforcement officer.

concealed or open, will not display their APD badge or ID, or use or carry any APD

equipment, including their issued firearm.

(d) Firearms shall not be carried by any officer who has consumed an amount of an

alcoholic beverage, or taken any drugs, that would tend to adversely affect the officer's

senses or judgment.

(e) For purposes of this section of this order, off-duty is defined and as any activity in which

the employee is not receiving compensation or benefit as a result of their employment

with the Department, or wearing any part of an authorized uniform.

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1. This definition does not apply to officers who are working in an undercover

capacity.

364.4 DECISION TO INTERVENE

Generally, off-duty officers should consider waiting for on-duty uniformed officers to arrive and

gather as much accurate intelligence as possible instead of immediately intervening.

(a) Officers should take into consideration the following factors when making a decision

on whether or not to intervene:

1. The tactical disadvantage of being alone and the fact there may be multiple or

hidden suspects.

2. The inability to communicate with responding units.

3. The lack of equipment, such as handcuffs, OC or baton.

4. The lack of cover.

5. The potential for increased risk to bystanders if the off-duty officer were to

intervene.

6. Unfamiliarity with the surroundings.

7. The potential for the off-duty officer to be misidentified by other peace officers

or members of the public.

364.4.1 INTERVENTION PROCEDURE

If involvement is reasonably necessary, an officer should call or have someone else call 9-1-1 to

request immediate assistance if possible.

(a) The operator should be informed that an off-duty officer is on-scene and provided a

description of the officer if possible.

(b) Officers should clearly identify themselves as a police officer to those involved in the

situation, if practicable.

statements or reports as requested or as appropriate.

364.4.2 INCIDENTS OF PERSONAL INTEREST

Unless there is an exigent circumstance, employees shall refrain from handling police incidents of

personal interest (e.g., family or neighbor disputes). When practicable, employees should report

the matter to 9-1-1 so that an on-duty officer can respond.

(a) Offenses that may be committed against the employee, members of the employee's

family, or a business interest of the employee will be reported to the Investigative Unit

with responsibility for investigation of such offenses. Normal filing procedures will be

followed to prevent any potential for abuse of authority.

(b) Employees shall not maintain continued involvement in any criminal case, nor

personally file any criminal charge in a court of law, against any person for criminal

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offenses committed against the employee, any member of the employee's family, or

which involves any business in which the employee has a proprietary interest.

364.4.3 CIVILIAN RESPONSIBILITIES

Civilian personnel should not become involved in any law enforcement incident while off-duty

except to notify the local law enforcement authority and remain at the scene, if safe and practicable.

This order does not prevent a civilian employee from taking action as a private citizen as authorized

by State law.

364.4.4 OTHER CONSIDERATIONS

When encountering non-uniformed officers in public, uniformed officers should wait for

acknowledgement by non-uniformed officers in case they need to maintain an undercover

capability.

364.5 REPORTING

(a) In addition to contacting the appropriate agency, any off-duty employee who engages

in any law enforcement activity shall notify, as soon as practicable:

1. The employee's immediate supervisor if the supervisor is on-duty.

2. Any on-duty supervisor when the employee's immediate supervisor is off-duty.

(b) The notified supervisor shall determine whether a report should be filed by the

employee.

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Chapter 4 - Field Response,

Investigations and Reporting Policies

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Officer Response to Calls

400.1 PURPOSE AND SCOPE

The Department has a responsibility to protect life and property and to provide service to the

residents of Austin. To fulfill this obligation it must provide an appropriate response to calls. Officers

should be ever mindful that they have a responsibility to use caution, good judgment, and

due care when operating vehicles in an emergency capacity to ensure the safety of motorists

and pedestrians. This document describes the conditions under which an APD vehicle may be

operated as an emergency vehicle.

400.2 EMERGENCY RESPONSE AND VEHICLE OPERATIONS

(a) Officers responding to an emergency call shall do so without delay.

(b) Responding with emergency lights and/or siren does not relieve the operator of an

authorized emergency vehicle of the duty to act as a reasonably prudent emergency

vehicle operator in like circumstances (Tex. Transp. Code § 546.005).

when responding to an emergency call. Officers shall reduce speed at all street

intersections to such a degree that they shall have complete control of the vehicle

(Tex. Transp. Code § 546.001).

(d) If the emergency equipment on the vehicle should fail to operate at any time during

the response, the officer shall notify Communications of the equipment failure so that

another unit may be assigned to the emergency response. The officer may still respond

to the call without the use of emergency equipment.

(e) Operation of emergency vehicles is classified in 3 levels:

1. Code 3 (Emergency Operation).

2. Code 2 (Limited Emergency Operation).

3. Code 1 (Routine Operation).

400.2.1 CODE 3 (EMERGENCY OPERATION)

Code 3 is used to describe the operation of a vehicle while the emergency lights and siren are

activated.

(a) When operating Code 3, officers may:

1. Exceed the speed limit but must regulate their speed so as not to endanger life

or property.

2. Proceed with caution through traffic signals and stop signs after slowing and, if

necessary, stopping to ensure the intersection is safe/clear.

3. Disregard laws governing direction of movement and turning when it can be

done safely.

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(b) Unmarked vehicles equipped with a siren and emergency lights may be operated Code

3 in compliance with this order.

reasonably indicate an emergency response is required.

1. Unless otherwise required by Department General Orders (e.g., pursuits), the

decision to operate Code 3 in authorized situations is at the discretion of the

officer

2. If, in the officer's judgment, roadway conditions or traffic congestion causes an

unreasonable risk to operate Code 3, the officer may elect to respond to the call

without the use of lights and siren at the legal speed limit. In such an event, the

officer should immediately notify Communications.

3. Officers shall discontinue Code 3 operation when directed to do so by a

supervisor.

(d) Emergency Operation Exemptions. This section does not relieve an officer from the

duty to operate an authorized emergency vehicle with appropriate regard for the safety

of all persons or the consequences of reckless disregard for the safety of others.

1. Officers may operate an authorized emergency vehicle for a law enforcement

purpose without using the audible or visual signals if the officer is responding

to an emergency call or pursuing a suspected violator of the law with probable

cause to believe that:

(a) Knowledge of the presence of the officer will cause the suspect to:

1. Destroy or lose evidence of a suspected felony;

2. End a suspected continuing felony before the officer has obtained

sufficient evidence to establish grounds for arrest; or

3. Evade apprehension or identification of the suspect or the suspect's

vehicle; or

4. Because of traffic conditions on a multi-lane roadway, vehicles

moving in response to the audible or visual signals may increase the

potential for a crash.

2. In operating an authorized emergency vehicle, the officer may:

(a) Park or stand;

(b) Proceed past a red or stop signal or stop sign, after stopping or slowing

as necessary for safe operation;

life or property;

(d) Disregard a regulation governing the direction of movement or turning in

specified direction. Officers will adhere to General Order 214.3.4 (Pursuit

Driving Considerations and Restrictions).

3. This section applies when an officer is:

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(a) Responding to an emergency call;

(b) Pursuing an actual or suspected violator of the law;

(d) Conducting a police escort as defined by 546.003 Transportation Code.

400.2.2 CODE 2 (LIMITED EMERGENCY OPERATION)

Code 2 is used to describe the operation of a vehicle while the emergency lights are activated,

but without use of the siren.

(a) When operating Code 2, officers shall obey all traffic laws and regulations.

(b) Officers may temporarily operate Code 3 in order to pass through traffic control devices

or heavy traffic congestion when normally authorized to operate Code 2, as necessary.

Officers will revert back to operating Code 2 when Code 3 is no longer needed.

a lieutenant or higher.

400.2.3 CODE 1 (ROUTINE OPERATION)

Code 1 is used to describe the normal operation of a vehicle without the use of emergency lights

or siren.

400.3 CALLS FOR SERVICE

(a) Calls for service are classified by Communications into the following categories:

1. Hot Shot (Priority 0).

2. Urgent (Priority 1).

3. Priority 2.

4. Priority 3

5. Information Calls.

(b) Once a call for service has been dispatched, it may only be downgraded by a

supervisor or Communications.

below.

(d) Once a Code 4 has been broadcast by a unit at the scene, all units still responding

shall immediately terminate their response and go in-service.

400.3.1 HOT SHOT CALLS

(a) Hot shot calls are incidents:

1. Involving physical harm or injury to a person or property; and

2. That is in progress and/or all involved parties are still on scene.

(b) Officers responding to Hot Shot calls should operate Code 3.

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400.3.2 URGENT CALLS

(a) Urgent calls are incidents:

1. Involving physical harm or a perceived threat to any person or property; and

2. That just occurred and/or suspects may still be in the area; and

3. Where a quick response might aide in apprehension.

(b) Officers responding to Urgent calls may operate Code 2.

400.3.3 PRIORITY 2 CALLS

(a) Priority 2 calls are incidents:

1. That pose either a minimal or no immediate threat; and

2. That are in progress or just occurred; and

3. Warrant a rapid police response.

(b) Officers responding to Priority 2 calls shall operate Code 1.

400.3.4 PRIORITY 3 CALLS

(a) Priority 3 calls are incidents:

1. Where protection of life or property is not at risk; and

2. An immediate police response will not likely prevent further injury, loss of

property, or adversely impact an investigation.

(b) Officers responding to Priority 3 calls shall operate Code 1.

400.3.5 INFORMATION CALLS

Information calls are incidents requiring information to be documented and/or disseminated to law

enforcement personnel but do not require a police response.

400.4 ASSIGNMENT OF CALLS

(a) Hot Shot and Urgent Calls

1. Hot Shot and Urgent calls require a two-officer response and are generally

dispatched by Communications to the two closest available patrol officers.

Officer safety and call priority shall be the primary considerations when

dispatching officers. Additional officers may self assign using the MDC, as

necessary.

(b) Priority 2 and Priority 3 Calls

1. Officers may be dispatched by Communications or self-assign using the MDC

to any Priority 2 and Priority 3 calls.

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Preliminary Field Investigations

401.1 PURPOSE AND SCOPE

Law enforcement operations consist of many diverse activities which are directed toward the

attainment of the Department's objectives. The purpose of this order is to improve coordinated

efforts between Patrol and Investigative Unit personnel concerning investigative procedures.

Officers should review General Order 318 (Detentions, Field Interviews and Field Photographs)

and General Order 319 (Arrests) for information on handling subjects during field investigations.

401.2 INITIAL RESPONSE AND INVESTIGATION

(a) Officers responding to an incident shall ensure that all persons are safe and anyone

in need of medical attention receives assistance.

(b) Subjects exhibiting unusual agitation, aggression, or similar behaviors:

1. Officers should take special care when encountering subjects exhibiting any of

the following behaviors or symptoms:

(a) under the influence of drugs/alcohol;

(b) extreme agitation;

(d) extraordinary strength beyond their physical characteristics;

(e) apparent imperviousness to pain; or

(f) requires a protracted physical encounter with multiple officers to be

brought under control.

2. Officers encountering these subjects should gain rapid control of the subject and

transfer care to emergency medical providers as soon as possible.

3. For safety, officers should only engage a subject displaying these symptoms

when adequate back-up assistance is present.

4. Subjects who display these symptoms may initially violently resist detention then

become suddenly calm. They may seem to be sleepy and resting. This condition

is sometimes called "sudden tranquility" and usually indicates an immediate

need for medical attention. “Sudden tranquility” is not an indication that the

subject no longer needs medical attention.

committed.

1. If the information indicates that a crime has occurred, follow the guidelines

outlined in this General Order.

2. If the information indicates that no crime occurred, determine what other action

may be necessary and/or what resources may be available to the subject.

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(d) Generally, officers assigned to calls or discovering incidents requiring a report shall

be responsible for the preliminary investigation and required paperwork.

1. Certain incidents (e.g., family violence, sexual assault) require a specific

response and investigation as outlined in its respective General Order, Standard

Operating Procedure (SOP) or Operations (Ops) Manual.

401.2.1 REQUEST ADDITIONAL RESOURCES

Officers shall request the assistance of additional resources as necessary or required.

(a) The Special Investigations Unit (SIU) shall be notified anytime an incident involves

a commissioned peace officer as a suspect, regardless of that officer's agency or

jurisdiction.

(b) Personnel from the appropriate Investigative Unit shall be requested during the initial

investigation of all:

1. Homicides and suicides.

2. Extortions.

3. Officer-involved shootings.

4. Officer-involved serious injury incidents.

5. Certain crashes as outlined in General Order 346 (Crash Investigation and

Reporting).

6. Suspected bombs and explosive devices.

7. Clandestine laboratories.

8. Exigent mobile phone requests.

the initial investigation of all:

1. Aggravated sexual assaults.

2. Burglaries and thefts where there are major losses.

3. Robberies of businesses.

4. Robberies of individuals with serious injury.

5. Serious injury assaults.

6. Major narcotics investigations.

(d) A Crime Scene Technician shall be requested:

1. At the direction of an Investigative Unit; and

2. For major crime scenes that involve:

(a) Evidence collection.

(b) Photographing.

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(d) Large property loss.

(e) Serious injury or death.

401.2.2 MEDIA ACCESS

Guidelines on handling Media Access at the scene of incidents is outlined in General Order 326

(News and Media Relations).

401.3 ROUTINE COMMAND AT POLICE INCIDENTS

(a) Routine command at a police incident is handled as follows:

1. Generally the highest ranking officer, or senior officer if of the same rank, should

assume command of the scene and operations until relieved by a supervisor,

or until the conclusion of the incident; however, the highest ranking officer will

assume command whenever the situation appears to be beyond the control of

the current officer in charge, when jurisdiction is concurrent over a particular

duty, or for disciplinary purposes.

2. Any officer may take command of the scene and operations when the current

officer in charge is unable to perform the required duties because of physical

or mental inability.

3. Command at major incidents is outlined in General Order 407 (Emergency

Management).

(b) Assumption of command will be done by the officer identifying themselves and

informing the current officer in charge of their intent to assume command.

401.3.1 SUPERVISOR ASSUMING COMMAND OF INCIDENTS

Supervisors are not normally expected to engage in law enforcement operations except in a

command or supervisory capacity. Supervisors may be held accountable for failure to take

command if unfavorable developments occur which could have been prevented had they assumed

control of the scene.

(a) Supervisors will not assume command outside their own organizational segment

during the normal completion of their responsibilities unless failure to do so would

adversely affect the Department's operational capability.

(b) The ranking supervisor shall assume command of the scene and operations at the

scene of police incidents involving more than one segment of the Department.

Unit, the ranking on-duty supervisor of the most serious offense will assume command

(e.g., if a homicide occurs in conjunction with a burglary, Homicide Unit would be in

command).

401.4 CRIME SCENE MANAGEMENT

(a) Officers arriving at a crime scene are often faced with the immediate need to search

for and render aid to victims as well as determine if suspects are present and continue

to pose a threat.

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1. Searches are limited to "plain view" in the immediate area unless exigent

circumstances exist (e.g., additional suspects, injured persons).

2. Once officers are satisfied that no additional suspects are present and/or there

are no injured persons to be treated, exigent circumstances will likely no longer

exist.

3. Officers should secure the scene and conduct no further search until proper

authority for the search is obtained.

4. While consent to search should be obtained from authorized individuals where

possible, it may be more prudent to obtain a search warrant in the case of serious

crimes or major investigations.

(b) Crime scene supervision is normally conducted by the senior officer present. They

have the authority to direct and oversee the processing of a scene unless relieved by

a senior officer present, Investigative Unit personnel with expertise in the particular

crime, or by a supervisor.

is present which requires processing:

1. Initiate a Crime Scene Security Log (PD0175) to record the name and time of all

persons entering, or assigned to, the crime scene. Upon completion, the form

shall be given to the primary Investigative Unit.

2. Setup an initial perimeter around the crime scene with crime scene tape. The

scene should be large enough to include potential evidence.

3. Determine if additional inner/outer perimeter(s) need to be setup. These may be

used to create a space for media or the public, as a safety measure for officers,

or to further protect the crime scene from contamination.

4. Protect items of apparent evidentiary value and ensure the scene is processed

accordingly.

401.4.1 CRIME SCENE PROCESSING AND EVIDENCE COLLECTION

Employees will ensure that items identified as evidence are not tampered with in any way prior

to being photographed and collected.

(a) Weapons at crime scenes will only be moved if they pose a threat to persons at the

scene. If the scene has been properly secured, a weapon will not generally pose a

threat and can be left where it is found.

(b) At major crime scenes:

1. Employees will only handle evidence at the direction of a supervisor, the

investigator in charge, or a Crime Scene Unit member at the scene.

2. If an employee is requested to handle evidence, employees should be given

explicit instructions on handling the evidence; employees will document who

instructed them to handle the evidence and the instructions given.

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3. Employees will identify any possible sources of video or photos of the scene

and determine if they may contain any pertinent evidence. Any information

regarding sources of pertinent evidence shall be documented in the employee's

supplement.

1. If a crime scene technician responds to the scene, the technician will be

responsible for processing the scene.

2. If a crime scene technician is not available or is not requested, the primary officer

or designee will be responsible for:

(a) Processing the crime scene as outlined in this order; and

(b) Evidence collection as outlined in General Order 618 (Property and

Evidence Collection Procedures).

3. Employees will identify any possible sources of video or photos of the scene

and determine if they may contain any pertinent evidence. Any information

regarding sources of pertinent evidence shall be documented in the employee's

supplement.

(d) Scenes involving large property loss, serious injury, or death require a sketch to be

completed.

1. The sketch should be clear and understandable to allow for the construction of

a diagram at a later time.

2. All diagrams shall be drawn based on measurements taken at the scene.

3. All evidence will be depicted in its relative position on the diagram and described

in the legend.

4. Elements of the sketch should include:

(a) Dimensions.

(b) Relation of the crime scene to other buildings.

(d) Address, floor, or room number, as appropriate.

(e) Location of significant features of the scene, including the victim.

(f) Date and time of preparation.

(g) Names of the persons preparing the sketch.

(h) Direction of north, and the location of items of physical evidence

recovered.

(e) If a scene is not processed at the time of the initial investigation, the primary officer

will document the reason(s) in the incident report.

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401.4.2 LATENT PRINT PROCESSING

The employee responsible for processing a crime scene will be responsible for ensuring latent

prints are lifted when prints are necessary (e.g., primary officer, crime scene technician).

(a) Latent prints will be obtained at the crime scene; employees will not seize items of

physical evidence for printing unless:

1. The item is constructed such that it cannot be printed at the scene (e.g., forgery

documents); or

2. The item has evidentiary value beyond latent prints.

(b) Employees will label all latent print cards with their name, employee number, date,

time, offense number, and location the print was lifted. Print cards will be placed into

a collection envelope and submitted to an evidence room.

and wrapped securely in a paper or plastic bag in a manner which will minimize the

possibility of destroying the fingerprints.

(d) Employees will not process forgery documents for latent prints at the scene. Forgery

documents will be handled as outlined in General Order 618 (Property and Evidence

Collection Procedures).

401.5 SECURE AND IDENTIFY WITNESSES

Officers should attempt to locate any witnesses to an offense when warranted by the seriousness

of the case. Since potential witnesses to an incident may be lost or the integrity of statements

compromised with the passage of time, officers should take reasonable steps to promptly

coordinate the following tasks with on-scene personnel:

(a) Separate witnesses from the public, media and other subjects on-scene as the

situation and personnel allow.

(b) Obtain necessary identification from witnesses and an account of what they observed.

1. Any potential witness who is unwilling or unable to remain available for a

formal interview or who refuses to be identified should not be detained absent

reasonable suspicion to detain or probable cause to arrest.

2. When feasible, a recorded statement should be obtained from witnesses present

at the time the incident occurred, regardless of whether they actually saw

something.

at a suitable location where an investigator may obtain a recorded statement. Such

witnesses, if willing, may be transported by Department personnel.

1. A written, verbal or recorded statement of consent should be obtained prior to

transporting a witness in a Department vehicle.

2. When the witness is a minor, consent should be obtained from the parent or

guardian, if available, prior to transportation.

(d) Record witness information and statements in an incident report or supplement.

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401.6 SECURING PROPERTY AFTER ENTRY

In the event APD personnel must force entry into any residence or business, the following

procedures will apply.

401.6.1 WHEN A RESIDENCE OR BUSINESS CAN BE SECURED AFTER FORCED ENTRY

After making a forced entry into a residence or business and there is no further action to be taken,

and the residence or business can be secured just as it was prior to the forced entry, the employee

may secure the property without notifying an owner, resident, or an agent of the business.

(a) When there is no contact made and there is no further action to be taken, the

supervisor who approved the forced entry will leave a note with the following

information:

1. A brief message stating why the Department made entry.

2. The incident number for the call.

3. The employee's name and employee number.

4. The employee's office or other contact number.

401.6.2 WHEN A RESIDENCE OR BUSINESS CANNOT BE SECURED AFTER FORCED

ENTRY

After making a forced entry into a residence or business and there is no further action to be

taken, employees will ensure the security of the residence or the business by notifying the owner,

resident, or an agent of the property.

(a) When the owner, resident or a responsible agent for the property can be located and

can arrive on site within a reasonable amount of time, the employee will remain at the

site until the owner, resident, or the agent has arrived.

(b) When the owner, resident or a responsible agent for the property cannot be located

or cannot arrive at the site within a reasonable amount of time,

1. The employee will have APD Communications contact the city's on-call service

company to meet with the employee at the scene so the site can be secured.

2. The employee will remain at the site until the on-call service company

representative has completed all necessary steps to secure the property.

401.7 REPORTING RESPONSIBILITIES

(a) When the preliminary investigation is done, officers shall prepare an initial incident

report detailing an accurate record of events as outlined in General Order 402 (Incident

Reporting and Documentation). The initial incident report will not be uploaded until the

IBR Check is run and all errors corrected.

(b) When Investigative or Specialized Unit personnel (e.g., crime scene technician,

crash investigator) respond to the scene and conduct the preliminary investigation,

unit personnel shall be responsible for the completion of the initial report. All other

responding officers will be responsible for completing supplemental reports as outlined

in General Order 402 (Incident Reporting and Documentation).

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Incident Reporting and Documentation

402.1 PURPOSE AND SCOPE

Documentation is a major part of each officer's job. Reports, including CR-3s, may be used to

document information to assist investigators in follow-up investigations. Field release citations,

warnings, field observation (FO) cards and electronic street checks are used to document law

enforcement actions and/or contacts with the public. Sufficient information should be included in

any form of documentation to:

(a) Assist in prosecution.

(b) Refresh an officer's memory during testimony.

402.1.1 GENERAL GUIDELINES

Officers will not write an offense report when they are the victim of a crime. The victim officer will

write a supplement. The offense report will be written by an officer who is not a victim.

An incident number will be assigned and all required fields completed during documentation

anytime an employee observes or receives any information concerning the following, but not

limited to:

(a) Criminal or suspected criminal offenses, regardless of the victim's level of cooperation.

(b) Citizen complaints of non-criminal incidents requiring action by the police.

(d) When Crime Scene personnel are assigned to an incident that was first initiated or

responded to by sworn personnel and no tele-serve report has been made.

(e) Crashes involving bicyclists will be will be investigated and reported as defined

in Section 346.3 Crash Investigation. Non-crash events involving a bicyclist will

be documented in a Versadex report using title code 4311 under the following

circumstances:

1. The incident occurred on a public place

2. At least one of the involved subjects sustained bodily injury; and

3. The incident occurred as a result of a potential criminal act, violation of the

Transportation Code, violation of a City Ordinance, or the actions of another

party.

(f) Any other situation where documentation is required by law or another section of

departmental general orders.

If in doubt as to whether an incident should be documented, employees shall confer with a

supervisor. For the purpose of this order, Corporals may function as the designated supervisor.

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402.2 INCIDENT REPORTING

A well-written report can help make a case just as easily as a poorly written report can ruin a case.

Employees have the responsibility to write clear, factual, and complete reports.

402.2.1 DOCUMENTING GENDER IDENTITY IN VERSADEX

When officers are made aware of persons who identify as transgender, gender non-binary, or

gender non-conforming and need to document that encounter in police reports, field observation

cards, field release citations, or warnings they will use the following guidelines.

(a) If the person’s legal name and gender marker corresponds with how the person

identifies, officers will document them the same way they would any other person.

Officers will make no mention of the person’s former name and gender marker in their

report unless it has an investigative purpose.

(b) If the person has legally changed their name and gender marker and the Master Name

Index (MNI) has not been updated:

1. Document the person’s identity on the Mobile Report Entry (MRE) report with

their new identity.

2. Create an alias/associate name through the Entity section of the MRE report

documenting the person’s previous legal name and gender marker.

3. Instruct the person to contact APD Central Records at

[email protected] if they wish to update the original MNI Prime

with their new legal name and gender marker.

identifies, the officer shall enter their legal name and gender into the entities section

of the report and conduct the MNI check to determine if the person is already on file.

If the MNI does not exist;

1. Create an entity documenting the person’s legal name and legal gender marker.

2. The officer will then create an alias/associate name documenting the person’s

preferred or Also Known As name and the gender they identify as, prefer, or

present themselves to be.

3. Officers will also enter the Association Role “Transgender/Gender Non-

Conforming, Non-Binary” into the entity of the Alias/Associates entity.

4. Officers will document the person’s legal name in the first few sentences of the

narrative i.e., “On 01/01/2018, I contacted the complainant, Jane Smith (legal

name), known as John Smith”. Officers will then make every effort to refer to

the person by their known as or preferred name and gender marker throughout

the rest of the report.

(d) If the person does have an MNI but no alias/associate name or the alias/associate

name does not contain the correct information, officers will then create or correct the

alias/associate name by documenting the person’s correct preferred or Also Known

As name and gender marker.

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402.2.2 DOCUMENTING VICTIM IDENTIFICATION IN AFFIDAVITS

In order to respect the dignity of victims, in instances where officers feel it is necessary and/or the

victim requests it, officers may use the following guidelines when documenting victim identity.

(a) Identify the victim with their legal first initial and last name the first time they are

referenced in the affidavit.

(b) Throughout the remainder of the affidavit refer to them as “the victim.”

(d) If multiple victims are listed in an offense report, the affidavit should refer to them as

their corresponding Versadex victim assignment number, e.g.,“Victim #1”, “Victim #2”,

“Victim #3”, etc.

(e) Victims should be documented in the same manner in subsequent affidavits.

402.2.3 NOTE TAKING

Good reports can be achieved from accurate notes. Memory alone is not always a reliable method

upon which to document detailed information.

(a) Brief notations concerning specific events and circumstances recorded while fresh on

the mind will be useful when preparing an incident report.

(b) Notes used in court are subject to the scrutiny of the court; employees should ensure

they are accurate and pertain to the case.

1. WHO - Persons involved.

2. WHAT - Type of incident(s), an accurate account of what was observed, what

transpired, and the property/evidence involved.

3. WHEN - Date(s), time/s of the incident.

4. WHERE - Location(s) of the incident, persons involved during the incident,

property and evidence involved.

5. WHY - What actions taken by persons involved led to the incident(s).

6. HOW - What manner, way, means, reason, purpose, effect, extent, amount, or

degree.

402.2.4 REPORT WRITING

(a) All reports shall accurately reflect:

1. The identity of the persons involved.

2. All pertinent information seen, heard, or assimilated by any other sense.

3. Any action(s) taken.

4. Any property which the employee takes possession of, clearly documenting the:

(a) Events that led up to the taking possession of the property

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(b) Purpose for taking the property

(d) Location where the property was taken

(e) Complete identifiers, as available, for anyone who may claim ownership

of the property.

(b) Employees shall not suppress, conceal or distort the facts of any reported incident,

nor shall any employee make a false report orally or in writing.

specifically identified as such.

(d) Sentences with proper structure should express complete thoughts. When writing the

narrative portion of an incident report, personnel should avoid writing:

1. Sentence fragments which do not convey or express a complete thought.

2. Run-on sentences where two or more complete ideas are joined without

punctuation.

402.2.5 REPORT COMPLETION

Employees will complete and download all reports written, including CR-3s, during their shift.

(a) Prior to downloading reports, employees should:

1. Proofread reports to ensure they are sufficiently detailed for their purpose; and

2. Check initial incident reports for IBR errors and fix them.

(b) Unless authorized by a supervisor, reports and CR-3s shall be downloaded as follows:

1. Reports written from incidents that lead to an arrest shall be completed and

downloaded prior to the employee going back in service.

2. If an arrest is made, officers shall complete an AB (Arrest Booking) report in

addition to the General Offense (GO) report.

3. All other incident reports shall be downloaded by the end of the employee's tour

of duty.

4. With supervisor approval, CR-3s may be turned in the next day, but must be

completed within 24 hours.

5. Officers shall ensure that all reports, including CR-3s, are downloaded correctly.

402.2.6 REPORT CORRECTIONS, CHANGES AND ALTERATIONS

(a) Once a report has been sent and uploaded into the Versadex Data Transcription

Queue, report corrections, changes and alterations shall be handled as follows:

1. Minor corrections (e.g., location, business name) shall be accomplished by

notifying Central Records.

2. Corrections that need to be done to a narrative shall be accomplished by writing

a supplemental report.

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3. Any changes to an entity’s role in a report, (i.e.- subject changed to suspect

or arrestee, victim #1 changed to victim #3, witness changed to suspect, etc.),

can only be done by a detective/corporal or higher ranked person. The person

making such change shall write a supplement detailing the reason for the change

to the entity’s role.

4. Corrections to CR-3s shall be made in the Brazos system immediately upon

receiving a notice from the Highway Enforcement Command that the CR-3 has

any deficiencies. This must be completed prior to the 9th day after the crash

was originally reported.

402.2.7 SUPERVISOR RESPONSIBILITIES

(a) All reports routed to a supervisor's queue shall be reviewed for compliance with

Department General Orders. Supervisors must ensure there are no Incident Based

Reporting (IBR) errors and approve the report by completing the “Date approved” field

and “Approved by” field on the front page of the GO. Reports that are incomplete or

inadequate shall be returned for correction.

(b) If an arrest was made in connection with the GO, supervisors will ensure the

“Clearance status” is set to “Cleared By Arrest.” “Internal status” should remain “open”

or blank for detective’s clearance responsibility.

1. Supervisors will ensure their employees are assigned to the correct queue.

2. If an employee's report goes into the wrong queue, then supervisors will contact

Central Records requesting it be re-routed to their assigned queue for review.

3. Supervisors will updated a PPO's queue when they get their SOLO

assignment; prior to this they will approve the PPO's report in the Academy

Cadet Training Queue (HTRAIN) and ensure any reviewed documentation to

include street checks, follow-ups and supplements are removed.

supervisors that are not directly involved in an incident (e.g., witness the incident) may

conduct the review. When a supervisor is involved in the incident, a supervisor one

rank higher than the involved supervisor will conduct the review.

(d) Supervisors receiving notification from Central Records or an Investigative Unit of a

deficient report shall:

1. Ensure that the responsible employee corrects the report.

2. Take proper steps to ensure that deficiencies do not occur again (e.g.,

counseling, remedial training, increased monitoring and review).

402.3 FIELD OBSERVATION CARDS AND ELECTRONIC STREET CHECKS

(a) An FO card or electronic street check is required when an officer detains an individual

for more than simple, preliminary questioning to find out their level of involvement in

a particular incident and no other record of the contact (other than CAD) is produced.

Examples of this include, but are not limited to:

1. Detaining a suspicious person and no report is written; or

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2. Initiating a traffic stop when no field release citation or warning is issued; or

3. Conducting a subject stop and the officer initiates a police action (e.g., detaining,

frisking, or searching).

(b) An FO card or electronic street check is NOT required in the following situations:

1. When an incident report, field release citation, warning or crash report (including

blue form) is completed.

2. During a non-custodial interview or casual contact where the individual is free

to leave and no frisk or search has occurred.

402.3.1 DETENTION GUIDELINES

The following examples are intended to guide officers in understanding when a person has been

detained. These examples are not meant to describe all possible situations where documentation

is required.

(a) Was the person free to leave?

(b) Would a reasonable person feel they were free to leave?

(d) Was the person checked for warrants?

(e) Is the person being frisked or asked for a consent search?

402.3.2 MULTIPLE SUBJECTS

It is not always necessary for an officer to complete an FO card or electronic street check on every

individual in a group of 2 or more persons.

(a) If the passenger(s) in a car or the cohort(s) of a subject who has been detained by

police is not the primary focus of the officer, it is not necessary to complete more than

one FO card or street check.

(b) If at any point during the contact an officer goes past the point of asking preliminary

questions (e.g., detaining, frisking, searching) to determine a level of involvement for

a passenger or cohort, those subjects shall also be documented.

402.4 FIELD RELEASE CITATIONS AND WARNINGS

Field release citations and warnings shall be completed as outlined in General Order 308

(Misdemeanor Citations) and General Order 342 (Traffic Enforcement).

402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON

By the nature of their duties, officers may be required by general orders and training to point their

firearm, including impact munitions, and actively target at a person. This section does not create

an additional requirement for officers to initiate an incident report; however, officers that actively

target their firearm at a person shall properly document the incident as outlined below.

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402.5.1 OFFICER RESPONSIBILITIES

(a) Employees shall immediately notify and brief their supervisor. If their supervisor is

unavailable, another field supervisor shall be notified

1. When employees the rank of sergeant or above are involved in the incident,

another supervisor the rank of the involved employee or higher will be notified.

2. If the incident involves multiple employees with different supervisors, the

lieutenant of the area where the incident occurred, or the Watch Lieutenant, will

be notified and assign one supervisor to conduct the review.

(b) Employees shall adhere to the following documentation guidelines:

1. FO Card or Electronic Street Check

(a) When a report is not otherwise required for the incident, complete an FO

card or electronic street check to document that a firearm was actively

targeted at a person and the details of the incident.

2. Reports and Supplements

(a) Add a study notation to the report to document that a firearm was actively

targeted at a person or notify their supervisor the notation needs to be

added.

(b) Document the details of the incident in the narrative of an incident report

or supplement.

402.5.2 SUPERVISOR RESPONSIBILITIES

(a) Supervisors shall review the employee's incident report, supplement, FO card or

electronic street check when notified of an incident involving an officer actively

targeting a firearm at a person. Incomplete or inadequate documentation shall be

returned for correction.

(b) Supervisors will forward a memorandum up the chain-of-command if a safety, general

order, training, equipment, tactical, or other specific issue is identified.

1. FO Card

(a) Legibly sign the FO Card with the supervisors name and employee number

that reviewed the incident.

2. Electronic Street Check

(a) Add a supplement using the electronic street check incident number

to document that the employee made a supervisor notification and the

incident was reviewed.

3. Reports and Supplements

(a) Add a study notation, if not already added, to document that an officer's

firearm was actively targeted at a person.

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(b) Add a case note to the incident report to document that the employee

made a supervisor notification and the incident was reviewed.

402.6 REPORTING GANG AFFILIATION

Certain offenses may be enhanced when committed by subjects who are documented gang

members. Only employees assigned to the Gang Suppression Unit may designate a subject as

affiliated with a gang in the report writing system.

Employees who interact with a subject that may be affiliated with a gang should initiate an incident

report titled "Gang Information" and include specific details that give rise to the belief the subject

is affiliated with a gang. This includes, but is not limited to, subjects who:

(a) Wear known, gang-related clothing (i.e., specific colors, designs).

(b) Have known, gang-related tattoos.

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Follow-Up Investigations

403.1 PURPOSE AND SCOPE

Criminal investigations are a complex, multi-step process that require employees to be aware of,

operate within and comply with federal, state, and local regulations so as not to prejudice the case

or jeopardize the prosecution of the defendant. It is the policy of the Department to comply with

the highest standards of legal and professional conduct when performing a criminal investigation.

This order provides guidelines to ensure that criminal investigations are conducted under legal

authorization using extraordinary safeguards to protect innocent persons from unauthorized

invasions of privacy.

403.2 FOLLOW-UP INVESTIGATIONS

Follow-up investigations may include, but are not limited to:

(a) Reviewing and analyzing preliminary reports.

(b) Reviewing Department records and databases.

officers and Department employees.

(d) The incident may require contact with the victim(s) and witness(es) by the assigned

personnel to obtain information not uncovered during the preliminary investigation.

(e) Upon request and without jeopardizing case security, the assigned personnel or

designee shall advise the victim(s) of the status of the case.

(f) Conducting interviews and interrogations. Arranging for the dissemination of

information, as appropriate.

(g) Soliciting assistance and/or information from other Units within the Department and/

or outside law enforcement agencies.

(h) Planning, organizing and conducting searches.

(i) Collecting physical evidence.

(j) Identifying and apprehending suspects.

(k) Follow-up on emergency mobile phone request court orders and related paperwork

within 48 hours of first request.

(l) Checking suspects' criminal histories.

(m) Determining the involvement of suspects in other crimes.

(n) Reviewing the results of laboratory examinations.

(o) Preparing cases for court presentation.

(p) Assisting in the prosecution.

(q) Documenting entry, modification, validation or cancelation of TCIC/NCIC records.

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403.3 CASE ASSIGNMENT AND RESPONSIBILITY

Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned to

the case. Report routing to an Investigative Unit is an automated process that is controlled by the

title code(s) used. Unit ownership of a title code is prog rammed into the current reporting system

and updated as needed.

(a) With supervisor approval, first responders should conduct limited follow-up

investigations when there is a reasonable chance of apprehending the suspect, a need

for obtaining additional information for the preliminary investigation report, or when

there are other compelling circumstances.

(b) Once a report is routed to an Investigative Unit, the supervisor or designee of that

Unit will assign each case to appropriate employee. The assigned employee will be

responsible and accountable for any additional investigation. When assigning cases,

a supervisor or designee should:

1. Take into account the level of expertise, specialized skill, knowledge and abilities

of the employee.

2. Provide direction and guidance to employees by periodically reviewing their

supplements and affidavits.

3. Record and maintain the following information to ensure a timely and complete

investigation:

(a) Incident number.

(b) Personnel assigned.

(d) Clearance type.

(e) Date cleared.

assignment from an Investigative Unit Supervisor as the lead investigator to a

misdemeanor criminal offense.

1. The Corporal is responsible and accountable for any follow-up investigation as

outlined in this order.

2. The Investigative Unit Supervisor is responsible for a Corporal's investigative

work on any case the Supervisor has assigned. This includes ensuring the

Corporal obtains the necessary investigative training to investigate assigned

cases and that the Corporal follows the provisions of this and other applicable

orders.

(d) When assigned to a case for follow-up investigation, investigators shall proceed

with due diligence in evaluating and preparing the case for appropriate clearance or

presentation to court personnel for the filing of criminal charges.

(e) Employees will not participate in an unassigned investigation, regardless of the source,

which is unusual, protracted, or not in the normal course of their duties without the

express, written approval of their chain-of-command.

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(f) Investigators are responsible for the NIBRS data accuracy of their cases within

the Versadex Records Management System. Every change made within any case

requires an IBR Check to be run insuring that no errors have been created. If NIBRS

errors are found when the case is processed at the end of the month the lead

investigator will be contacted to correct the errors.

403.3.1 CASE FILES/JACKETS

(a) Active cases shall be maintained by the assigned personnel. Case files/jackets shall

be:

1. Kept from public view while the person assigned is working on the case.

2. Locked up at the end of the assigned personnel's tour of duty.

(b) All original case files/jackets on investigations shall be maintained and secured by the

appropriate Investigative Unit.

retention schedules for law enforcement and Department general orders regarding

records.

403.3.2 FELONY CASE MANAGEMENT

All felonies direct filed by an arresting officer require follow-up investigation by the appropriate

Investigative Unit. The assigned investigator shall be responsible for completing any further

investigative steps necessary.

(a) Assigned investigators shall prepare a case jacket for the prosecutor's office with

copies of all paper documents.

1. Digital evidence will be made available through the appropriate source outlined

by General Order 618.5 (Digital Evidence Collection and Storage).

(b) The presence of audio/video media evidence will be documented in the report but

does not need to be copied unless requested by a prosecutorial agency.

date the individual is booked into jail and an investigator assigned the case.

1. The case jacket will contain DA Control Sheet [PD0050 - PD0055] specific to

the type of crime being investigated to document the evidence contained in the

jacket and to make notation about any evidence that is pending (e.g., DNA and

Print comparison results).

2. Assigned investigators shall notify their supervisor if the case is not completed

within the two-week guideline. Supervisors will monitor the progress of the case

to ensure it is forwarded to the prosecuting agency in a timely manner.

403.3.3 TITLE CODE RECLASSIFICATION

Employees shall not delete or change a title code from a Part I UCR crime to a Part II UCR crime

on any incident report, once the report comes out of report review, without the signed approval

of the appropriate unit supervisor.

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(a) This order is only intended to prevent serious Part I UCR crimes from being dropped

to a less serious Part II UCR crime without proper review after a report comes out of

report review.

(b) This order does not prevent title code(s) being changed:

1. From one Part I UCR crime to a different Part I UCR crime; or

2. From a Part II UCR crime to a Part I UCR crime; or

3. To any UCR classification, prior to the report coming out of report review (i.e. a

dispatcher may, upon request, correct/update the title code on a dispatched call

if an officer discovers the incident is different from the original call).

investigation supports the need for additional title codes.

(d) Employees who discovers a Part I UCR crime that needs to be reclassified as a Part

II UCR crime shall use the following procedure to request a title code change:

1. Employees wanting to reclassify a title code shall do so by submitting the request

by email to the supervisor over the unit that has ownership of the title code.

(a) Employees who originate a reclassification request shall document the

reason(s) for the title code change in a supplement of the incident report

and include a reference to the title code change in the 'notes' section.

2. Upon receiving notice of the title code change request, the unit supervisor will

review the request and electronically document their agreement or disagreement

with the request in the "notes" section. Title code change requests approved by

the unit supervisor must be forwarded to the Central Records Manager for review

3. The Central Records Manager (CRM) will review all approved title code

reclassification requests and make a ruling on whether the requested change is

appropriate. The determination shall be based on UCR reporting guidelines for

the incident reported rather than what state charge could or will be filed.

(a) If the Central Records Manager agrees with the decision of the unit

supervisor, the CRM will make the title code change in Versadex.

(b) If the Central Records Manager does not agree with the decision of the

unit supervisor, the issue may be brought to the commander/manager of

the unit. The commander/manager shall indicate "Approved" or "Denied"

in the "notes" section. The CRM will then make the change in accordance

with the commander/manager of the unit's decision.

403.4 STATEMENTS AND CONFESSIONS

The purpose or objective of a statement or confession is to take lawful and accurate statements

that corroborate the elements and details of an incident. In doing so, investigators and supervisors

will be cognizant of such factors as the mental and intellectual abilities of the subject being

interviewed and the duration of the interview itself. Written and oral statements or confessions

should not be utilized as the sole basis for the filing of charges; any statement or confession should

be corroborated by other legally obtained evidence or verified in an appropriate manner.

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(a) Employees shall make a complete electronic recording of all custodial interviews

and interrogations. Employees shall make a separate audio recording of all custodial

interviews and interrogations as a back-up. Audio recordings will be utilized for

custodial interviews and interrogations when an audiovisual recording device is

unavailable.

1. An electronic recording means an audiovisual electronic recording, or an audio

recording if an audiovisual electronic recording is unavailable, that is authentic,

accurate, and unaltered.

2. A recording is complete when it begins at the time the subject enters the

room or area where the interview or interrogation will take place, or when a

Miranda Warning is given, whichever is sooner; and ends when the interview or

interrogation ceases.

(b) Employees need not make a complete electronic recording of a custodial interrogation

when good cause exists and is appropriately documented by the employee.

1. The subject refuses to respond or cooperate in a custodial interrogation at

which an electronic recording is being made, and such refusal by the person

is electronically recorded. If the person is unwilling to allow the refusal to be

electronically recorded, the refusal is documented in writing by the employee.

2. The subject makes spontaneous statements or confessions that are not in

response to questions by an employee.

3. An employee attempts in good faith to record the custodial interview or

interrogation but the electronic recording equipment is operated incorrectly,

malfunctions, or stops operating without the knowledge of the employee.

4. Exigent public safety concerns prevent the feasibility of making an electronic

recording.

5. An employee reasonably believes that the subject being interviewed or

interrogated is not in custody, and is not a suspect in an offense.

the person taking the statement or confession.

(d) Written or recorded copies of statements or confessions will not be given to the person

from whom the statement or confession was obtained.

(e) Employees shall test the recording equipment and verify that it is properly functioning

prior to taking statements or confessions, or conducting a custodial interrogation.

403.4.1 MIRANDA WARNING AND ADMISSIBILITY

No statement or confession made by an adult as a result of custodial interrogation is admissible

as evidence unless the person has first been administered the Miranda warning and knowingly,

intelligently and voluntarily waives those rights.

(a) Officers will administer the Miranda Warning to a subject during a custodial interview/

interrogation. A custodial interrogation occurs when questioning begins to focus on

the person in custody, becoming accusatory regarding a specific offense.

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(b) The Miranda Warning will be recorded by audio/video recording (e.g., in-car Mobile

Audio Video Recording system, Body-Worn Cameras) using the following process:

1. Read the Miranda card to the person in its entirety;

2. Ensure the subject acknowledges, understands, and voluntarily waives their

rights.

1. Write the officer’s name, date, time, and incident number on the face of the card;

2. If practical, request the person in custody initial next to each Miranda right and

sign the card.; If the subject, while being audio/video recorded, has verbally

acknowledged understanding and waiving their rights, but does not sign the

card, the interview/interrogation may still continue.

3. The Miranda card will become part of the original case jacket, if signed by the

subject. Miranda cards not initialed or signed by the subject do not need to be

retained.

4. Officer safety should not be compromised during a field interview/interrogation

in order to record acknowledgment of rights.

(d) Once the person requests to speak with an attorney or indicates a desire for legal

representation, the interrogation will be discontinued at that point. This shall be

documented in the offense report.

1. Should the person request to continue the interrogation after requesting legal

representation, the Miranda rights will be administered again.

(e) Guidelines on admissibility of statements and confessions of a person accused of an

offense as evidence is outlined in Tex. Code of Crim. Pro. art. 38.22.

403.4.2 PROCEDURES FOR LIMITED ENGLISH AND DEAF SUBJECTS

(a) If the person does not speak English, or speaks limited English:

1. The Miranda warning will be read in the person's primary language.

2. The statement or confession will be written or typed, whenever possible, in the

primary language that the person understands.

(a) If the statement or confession is not typed in the person's primary

language, it will be translated aloud for them in the person's primary

language prior to obtaining their signature. The translation and interview

with the individual will be captured on BWC or in an AXON interview room.

3. The statement or confession will be witnessed by at least one person who

speaks the same language as the person.

(b) If the person is deaf, a certified interpreter from the current service contractor will assist

in translating during the interrogation. Sign language statements and confessions must

be recorded by video.

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403.4.3 JUVENILE STATEMENTS AND CONFESSIONS

(a) Oral confessions made in non-custodial interviews of juveniles are admissible if the

statement is given voluntarily and not as a result of coercion, threats, promises, or an

extensive interview with the oral admission being the primary objective.

1. To ensure the non-custodial statement is given voluntarily, personnel shall

release the juvenile to a parent or guardian after taking the statement and then

obtain a warrant to take the juvenile into custody.

(b) Statements and confessions given in custodial interrogations of juveniles require

additional steps to ensure the statement or confession is given voluntarily. Personnel

shall comply with State Law and General Order 317 (Handling Juveniles) when

interviewing or interrogating a juvenile.

403.4.4 DOCUMENTING STATEMENTS AND CONFESSIONS

All attempts to obtain an incriminating statement/confession, whether successful or not, shall be

documented fully by supplement(s) to the incident report. This shall include:

(a) Date, time and location of the attempt; and

(b) Identity of the person being interrogated/interviewed; and

confession; and

(d) Any unusual circumstances or occurrences surrounding the attempt or taking of a

statement/confession; and

(e) A brief synopsis of any statement/confession obtained from the person.

403.5 EYEWITNESS IDENTIFICATION PROCEDURES

The investigation of criminal incidents includes many diverse aspects. Eyewitness identification

is only one element of a successful criminal investigation. The purpose of this order is to

outline the proper protocol for eyewitness identification procedures thus maximizing the reliability

of identifications, exonerate innocent persons, and establishing evidence that is reliable and

conforms to established legal procedure. Regardless of the type of lineup utilized, if identification

is made through the use of a lineup with no additional supporting probable cause or corroborating

evidence, detectives must first staff the case with the County or District Attorney’s Office before

filing charges.

403.5.1 DEFINITIONS

Confidence Statement - A statement in the witness' own words, articulating their level of

confidence in the identification. The officer documenting the confidence statement should record

verbatim the words used by the witness to describe their level of certainty as to the identification

of the suspect.

Field Identifications - An identification procedure in which a single subject is shown to an

eyewitness and asked to identify or reject the subject as an actual perpetrator.

Fillers - Non-suspect photographs or persons.

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Independent Administrator/Double Blind Testing Procedure - An officer administrating a line-

up who did not compose the line-up and has no knowledge of the actual suspect or the location

of the suspect within the lineup.

Folder Shuffle Method - This method is employed when a blind procedure is not possible. It is

a method of administering a photographic line-up such that the officer cannot see or track which

photograph is being presented to the witness until after the procedure is completed.

Illiterate Person - An individual who speaks and understands English but cannot read or write

in English.

Interpreter - An interpreter is a person who is fluent in English and the language of the witness and

who facilitates communication between two parties in two different languages. The term includes

persons who facilitate communications with persons who are deaf, hard of hearing, or who may

have different speaking capabilities than most.

Lineup or Field Identification Instructions - A written document that is read out loud to the

witness describing the procedures of the identification process. The witness then signs the form.

Live Line-up - An identification procedure in which a group of persons are displayed to a witness

(es) in a controlled environment in an effort to identify or reject the individual as the actual

perpetrator.

Person with Limited English Proficiency - An individual who is unable to communicate

effectively in English with a level of fluency that is typical of native English speakers. Such a

person may have difficulty speaking, reading, or writing in English and includes persons who can

comprehend English, but are physically unable to talk or write.

Sequential Line-up - An identification procedure in which line-up photos are displayed one by

one (sequentially). Only sequential lineups are authorized for investigative use. with an exception

for certain Child Abuse investigations that may sometimes require a simultaneous line-up.

Simultaneous Line-up - An identification procedure in which a group of photographs are

displayed simultaneously and presented to one witness. This procedure will only be utilized in

child abuse investigations and require the approval of a Child Abuse Unit Supervisor.

403.5.2 SIMULTANEOUS LINE-UPS

Simultaneous line-ups require the approval of a Child Abuse Unit Supervisor. The incident report

will document which supervisor provided the approval. The administration of a simultaneous line-

up will adhere to the Child Abuse Unit Standard Operating Procedures.

403.5.3 SEQUENTIAL LINE-UPS

An independent administrator will be used for all sequential line-ups unless an extraordinary

circumstance(s) necessitates using the same officer to both compile and administer the line-up.

If this occurs, the extraordinary circumstance(s) shall be documented in the incident report. No

other person should be present during the lineup presentation who knows the suspect's identity.

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(a) Independent administrators should avoid actions or statement that could contaminate

witness perception or judgment. Be aware that witnesses may perceive such things as

unintentional voice inflection or prolonged eye contact, in addition to off-hand words or

phrases, as messages regarding their selection. Avoid casual conversation comments

such as "very good."

(b) Photographic or live line-ups will only be conducted when a specific suspect is

developed during an investigation, or when a suspect has been narrowed down to a

specific group of individuals. Random suspect line-ups are not permitted.

administration of all line-ups. These forms include a confidence statement which will

be completed on each administered line-up. Any confidence statement given by a

victim or witness shall also be documented in any relevant PC Affidavits and reports.

(d) If there are multiple witnesses:

1. Each witness shall be given an instruction form regarding the identification

procedures without other witnesses present.

2. The officer will read the instructions aloud to each witness.

3. Each witness shall view the line-up separately.

4. The suspect will be placed in a different position of the line-up for each witness.

5. Witnesses shall not be allowed to confer with one another until all identification

presentations have been completed and statements taken.

6. If the witness declines to sign the instruction form for some reason, then the

officer will document that the witness was appropriately instructed.

(e) The suspect's photo will be grouped with at least five other subject photos (fillers). The

showing of a single photograph for identification purposes is prohibited, unless the

subject is positively known by the victim and the photograph is shown only to confirm

the identity.

1. Photos shall be of similar characteristics (i.e., hair color, length, facial hair, age,

weight and general appearance).

2. Avoid using fillers that so closely resemble the suspect that a person familiar

with the suspect might find it difficult to distinguish the suspect from the fillers.

3. Do not mix color and black and white photographs. All color or all black and

white photos shall be used. Photo copies are not permitted.

4. Cover any portions of mug shots or other photographs that provide identifying

information about the subject.

5. If there is more than one suspect, include only one suspect in each line-up.

6. Always place a filler in the first position of a - sequential lineup (if not using the

folder shuffle method).

(f) If the witness identifies a person as the perpetrator, the witness shall not be provided

any information concerning such person before the officer obtains the witness'

confidence statement about the selection.

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(g) When showing a new suspect, avoid reusing the same fillers in line-ups shown to the

same witness.

(h) Identification procedures will be videotaped whenever possible. If this is not practical,

an audio tape of the procedure will be done. If neither is possible, document why

recording is not available.

(i) Document all persons present during the administration of the line-up.

(j) The line-ups should consist of at least six (6) photos - the suspect photo and a

minimum of five filler photos - separated into individual envelopes.

(k) Place a filler in the lead position and the remaining five photographs in random order.

(l) Place two empty folders at the end.

(m) Witnesses should not be told how many photos will be shown.

(n) Witnesses will not be allowed to view photographs side-by-side during a sequential

lineup.

(o) Witnesses will be shown all photographs, even if an identification is made on an earlier

photograph. Showing all photographs greater ensures the objectivity and reliability of

the identification.

(p) The witness should not view the photographs in the line-up more than two times. If a

second presentation is conducted, then the lineup will be presented again in the same

order as the original presentation.

(q) The officer will document in the offense report the order in which the photographs

were presented.

(r) If the same suspect needs to be shown to a different witness, then the officer will remix

the lineup.

403.5.4 FOLDER SHUFFLE METHOD

There may be unavoidable situations where an independent administration is not possible. If this

occurs, then the officer will attempt the folder shuffle method of presenting the lineup and attempt a

blind administration. If emergency circumstances preclude an independent administrator or folder

shuffle method, then the officer will document the circumstances in the offense report. The folder

shuffle method is done using only sequential lineups.

(a) The officer will place the suspect photograph and a minimum of five filler photographs

in separate envelopes.

(b) The officer will shuffle the envelopes until the officer does not know which envelope

contains the suspect's photograph.

(d) The officer will provide the witness one envelope at a time without looking at the

photograph first.

(e) Each time the witness has viewed a photograph, the witness will return the folder to

the officer and indicate whether or not it is the suspect's photograph.

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(f) The officer will maintain the envelopes in the original order so that it can later be

documented in the offense report.

(g) The witness should not view the photographs in the lineup more than two times and

will not compare photographs side-by-side.

(h) As with all lineup presentations, the administration of the folder shuffle method will be

videotaped if at all possible. If videotaping is not practical, then audio recording will be

done. If the circumstances do not allow either form of documentation, then the officer

will document these reasons in the offense report.

(i) Any confidence statement given by a victim or witness shall also be documented in

any relevant PC Affidavits and reports.

403.5.5 LIVE LINE-UPS

An independent administrator will be the administrator for live line-ups. Only sequential live line-

ups are authorized for investigative use.

(a) The investigating officer will arrange for an Assistant District Attorney to be present to

assist in coordinating the live line-up.

(b) The suspect's attorney will be notified of the date and time for the line-up.

(d) The suspect's attorney and assistant district attorney will view the persons in the line-

up prior to the start of the line-up.

(e) Victim(s) and witness(es) will be notified of the date and time of the line-up and where

they are to wait prior to the viewing. They should remain separated prior to the viewing.

(f) The necessary personnel must also be notified of the date and time in order to

document by photograph and videotape the appearance of all persons used in the line-

up. The viewing of the lineup by the witness(es) will be videotaped to best document

what took place.

(g) All physical line-ups can be coordinated with the supervisor of the Booking facility, if

using TCSO prisoners as fillers. The booking supervisor can assist in:

1. Obtaining clothing, such as jail fatigues; and

2. Arranging for transfer of prisoners for use in the line-up; and

3. Having release forms signed by all prisoners used in the line-up.

(h) A minimum of six (6) people - the suspect and five fillers - shall be used in each physical

line-up. For the line-up to be valid, each person must be:

1. Similar in physical characteristics; and

2. Approximately the same age, height, and weight; and

3. The same race and sex; and

4. Wearing similar clothing; and

5. Wearing no jewelry or other distinguishing items.

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(i) Two sets of lights for the stage area of the line-up room will be turned on prior to

bringing victims and witnesses into the room. (The APD line-up room is located on the

2nd floor of the Main, next to the Municipal Court waiting area).

(j) One Investigative Unit member or supervisor shall remain with the victim(s) and

witness(es) during the line-up process. Victims and witnesses must not be allowed to

discuss the case with each other during or immediately after the line-up process.

(k) Prior to viewing the line-up, an officer will individually administer the Live Line-up

Instruction form (PD0163) to each victim or witness viewing the line-up.

(l) The person being viewed will be out of the view of the witness before the next person

is brought in.

(m) After each person is viewed, the officer will ask the witness if this was the person that

they saw commit the crime.

(n) If the witness answers "yes," then the officer will ask the witness to describe in their

words how sure the witness is of the identification.

(o) Document in the witness's own words how sure they are of the identification. Any

confidence statement given by a victim or witness shall also be documented in any

relevant PC Affidavits and reports.

(p) Even if the witness makes an identification, show each person one at a time until all

persons have been viewed. This greater ensures the objectivity and reliability of the

lineup process.

(q) Only upon request of the witness will the witness view the lineup again after the first

full viewing. If a second viewing is requested, then all steps involved in the first viewing

will be followed.

(r) A witness will not view the lineup more than twice.

(s) Identification of the suspect by those viewing the line-up will be done individually in

writing, rather than spoken while in the company of other witnesses.

(t) No talking is allowed during the live line-up. If anyone viewing the line-up wishes

to ask a question, request certain words or phrases be spoken or specific actions

performed by those standing in the line-up, they should use an index card and submit

the comment to the investigator.

(u) If a request is made for one person in the line-up to speak a certain word or phrase,

then all those in the line-up will be instructed to individually repeat the same word or

phrase.

(v) Victims and witnesses will be interviewed separately to determine any possible

identification of a suspect.

(w) Personnel will take a written statement from each witness who identifies the suspect

and a confidence statement obtained if an identification is made.

(x) Photos and/or video of the physical line-up will be added to the digital case folder

or processed according to General Order 618.5 (Digital Evidence Collection and

Storage).

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(y) Persons administering the live line-up should avoid any unintentional overt actions

that might influence the decision made by the witness.

403.5.6 SPECIAL PROCEDURES FOR ILLITERATE PERSONS OR PERSONS WHO

POSSESS LIMITED ENGLISH PROFICIENCY

(a) Officers should be aware during the investigation when encountering a person

who does not speak English or possess limited English proficiency that certain

accommodations may be necessary to ensure the validity of the lineup process.

(b) Officers should carefully consider the ethical and legal ramifications of how to handle

case where there is a language barrier.

used for persons who do not speak English. The interpreter shall sign the lineup

instruction form documenting that the instructions were provided in the language best

understood by the witness.

(d) The officer should consider arranging for an interpreter if a person interviewed:

1. Is unable to communicate in English;

2. Has a limited understanding of English;

3. Is deaf, hard of hearing, or who may have different speaking capabilities than

most; or

4. Is otherwise physically challenged to communicate in English.

(e) If the person is unable to read, the officer, in the presence of the witness, will give the

explanation, read any forms, and obtain verbal acknowledgment of the witness that

they understand what has been explained and/or read to them.

403.5.7 FIELD IDENTIFICATIONS

(a) Field identifications shall only be conducted under the following exigent conditions:

1. Prior supervisor's approval; and

2. The suspect is detained within a reasonable time of the offense; and

3. A line-up cannot be promptly arranged; and

4. There is an immediate need to arrest the suspect.

(b) What constitutes "within a reasonable time" is dependent on the individual

circumstances of the case, but generally the courts have held that a two-hour time

lapse is acceptable.

the witness observes the suspect.

(d) The witness shall be transported to the location where the suspect is being detained.

If at all possible, avoid returning the suspect to the scene of the crime.

(e) Measures shall be taken to reduce potentially damaging or prejudicial inferences that

may be drawn by the witness, including, but not limited to:

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1. Removing the suspect from a squad car.

2. When practical, removing handcuffs from the suspect.

3. Public and officer safety is first priority on decisions regarding removing the

suspect's handcuffs.

(f) If there are multiple witnesses to the offense:

1. The witness with the most complete information should participate in the field

identification.

2. If a positive ID is made by the witness, the other individual(s) who witnessed the

crime should be shown a photo line-up by the assigned Investigator.

(g) If there are multiple suspects:

1. The suspects shall be separated; and

2. Each suspect shall go through a separate field identification.

(h) Avoid requirement of any performance by the suspect during a field identification.

(i) Officers should avoid actions or statement that could contaminate witness perception

or judgment. Be aware that witnesses may perceive such things as unintentional

voice inflection or prolonged eye contact, in addition to off-hand words or phrases, as

messages regarding their identification. Avoid casual conversation comments such as

"very good."

(j) The Field Identification Instructions Form will be used during the administration of all

such eyewitness identifications made in the field. This form includes a confidence

statement. Any confidence statement given by a victim or witness shall also be

documented in any relevant PC Affidavits and reports.

(k) Officers in the field will utilize their in-car Mobile Audio Video (MAV) recording system

to record field identifications.

403.6 PHYSICAL EVIDENCE COLLECTION

Property seized by personnel for processing or evidence on cases where a Crime Scene Unit is not

used will be submitted to the proper agency, Department, Unit, or evidence control in accordance

with Department General Orders.

403.7 FORENSIC "HITS" OR MATCHES

APD has multiple forensics capabilities that can aid in a criminal investigation, including but not

limited to:

(a) AFIS (Latent Prints).

(b) CODIS (DNA).

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403.7.1 NOTIFICATION OF FORENSIC "HIT" OR MATCH

(a) Forensics shall notify the assigned investigator and Unit supervisor of a forensics "hit"

or match.

1. Notifications will be sent simultaneously via email to the investigator assigned

in Versadex and the Unit email address.

2. The supervisor or designee shall be responsible for ensuring that the Unit email

address is checked on a daily basis.

(b) The supervisor shall ensure that the currently assigned investigator is notified of the

"hit" or match following one of two methods:

1. If the case is closed or suspended, the supervisor will re-open the case and

assign a new follow-up with a specific completion date. Upon completion, the

supervisor shall ensure that the investigator documented their follow-up actions

in the reporting system.

2. If the case is still open, the supervisor shall ensure that the currently assigned

investigator is aware of the "hit" or match. The supervisor shall approve the

follow-up before the case is closed.

403.7.2 FOLLOW-UP OF "HIT" OR MATCH

The assigned investigator shall conduct a follow-up on all notifications of a forensics "hit" or match.

The specific action(s) taken shall be documented in a supplement to the incident report. Follow-

up includes but is not limited to:

(a) Notifying the assigned Assistant District Attorney or Assistant County Attorney of a

"hit" or match in a case that has already been referred for prosecution, whether the

case was direct filed by uniformed patrol or an Investigative Unit. The name of the

person notified will be included in the follow-up supplement along with the date the

notification was made.

(b) Documenting information that identifies if the "hit" or match belongs to the victim or

some other person with legitimate access to the item or scene where the evidence

was recovered.

City" report.

(d) Documenting the link to an identified "hit" or match from evidence recovered from the

exterior of a property crime scene and whether filing a criminal charge can occur.

(e) Filing the appropriate charges when the new forensic information assists in the

identification or linking the offender(s) to the offense being investigated.

403.8 SURVEILLANCE

(a) Personnel will not violate the right to privacy, or other constitutional rights, of any

individual while conducting a surveillance.

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(b) Complex or long-term surveillance requires specialized training and equipment. These

types of surveillance will be conducted only by those investigative and specialized

skills units whose personnel are authorized and trained to conduct such operations.

surveillance.

403.9 POLYGRAPH EXAMINATIONS

The Polygraph Unit was established to provide a useful investigative tool to support the

investigative and administrative mission of the Department. Polygraph examination support is

also provided to other federal, state and local law enforcement agencies on an as-needed basis.

Polygraph examination used for administrative purposes require the approval of the Chief.

403.9.1 POLYGRAPH GUIDELINES

The polygraph examiner is the only person authorized to use the polygraph equipment or

administer a polygraph examination.

(a) Persons with serious physical or psychological ailments are not suitable for testing.

The examiner will have the responsibility of determining the suitability of all persons

submitted for polygraph examinations.

(b) The examiner will determine who is authorized to observe a polygraph examination.

unless requested by the assigned investigator or their supervisor. Anytime a person

is under arrest for one offense and is to be tested on another, the investigator of the

original offense will be contacted.

(d) Polygraph examinations will not be administered unless:

1. a specific offense has been reported and prosecution is intended, or

2. The Chief has directed the polygraph use in an administrative case.

(e) The subject will be advised by the investigator that the examination will not cause pain.

The investigator should not attempt to discuss the actual procedure of the examination

with the subject. This will be done by the examiner before the test is given.

403.9.2 POLYGRAPH APPOINTMENTS

(a) Appointments for polygraph examinations must be made by the investigator assigned

to the case.

1. An investigator shall not offer a polygraph test for a specific date and time unless

an appointment has been made with the polygraph examiner.

(b) Appointment cancelation notices will be forwarded to the Polygraph Unit as soon as

this information is known.

1. If, for any reason, the investigator and the person to be tested are 15 or more

minutes late, another test may be scheduled unless the examiner has been

notified.

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403.9.3 POLYGRAPH REPORTING PROCEDURES

The examiner will verbally advise the assigned investigator of the results of the examination. It will

be the assigned investigator's responsibility to write a supplement to the incident report concerning

the polygraph examination.

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Civil Disputes

404.1 PURPOSE AND SCOPE

This order provides officers of the Austin Police Department with guidance for addressing conflicts

between persons when no criminal investigation or enforcement action is warranted (e.g., civil

matters), with the goal of minimizing any potential for violence or criminal acts.

The Family Violence Order will address specific legal mandates related to domestic violence court

orders. References in this order to “court orders” apply to any order of a court that does not require

arrest or enforcement by the terms of the order or by Texas law.

404.2 POLICY

The Austin Police Department recognizes that a law enforcement presence at a civil dispute can

play an important role in the peace and safety of the community. Subject to available resources,

officers of this department will assist at the scene of civil disputes with the primary goal of

safeguarding persons and property, preventing criminal activity and maintaining the peace. When

handling civil disputes, officers will remain impartial, maintain a calm presence, give consideration

to all sides and refrain from giving legal or inappropriate advice.

404.3 GENERAL CONSIDERATIONS

When appropriate, officers handling a civil dispute should encourage the involved parties to seek

the assistance of resolution services or take the matter to the civil courts. Officers must not become

personally involved in disputes and shall at all times remain impartial.

While not intended to be an exhaustive list, officers should give considerations to the following

when handling civil disputes:

(a) Civil disputes tend to be confrontational and officers should be alert that they can

escalate to violence very quickly. De-escalation techniques should be used when

appropriate.

(b) Officers should not dismiss alleged or observed criminal violations as a civil matter

and should initiate the appropriate investigation and report when criminal activity is

apparent.

inform the parties when they are at risk of violating criminal laws.

(d) Officers are reminded that they shall not enter a residence or other non-public location

without legal authority including valid consent.

(e) Officers should not take an unreasonable amount of time assisting in these matters

and generally should contact a supervisor if it appears that peacekeeping efforts longer

than 30 minutes are warranted.

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404.4 COURT ORDERS

Disputes involving court orders can be complex. Where no mandate exists for an officer to make an

arrest for a violation of a court order, the matter should be addressed by documenting any apparent

court order violation in a report. If there appears to be a more immediate need for enforcement

action, the investigating officer should consult a supervisor prior to making any arrest.

If a person appears to be violating the terms of a court order but is disputing the validity of the

order or its applicability, the investigating officer should document the following:

(a) The person’s knowledge of the court order or whether proof of service exists.

(b) Any specific reason or rationale the involved person offers for not complying with the

terms of the order.

A copy of the court order should be attached to the report when available. The report should be

forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing

the order with a notice that the report was also forwarded to the prosecutor for review.

404.4.1 STANDBY REQUESTS

Officers responding to a call for standby assistance to retrieve property should meet the person

requesting assistance at a neutral location to discuss the process. The person should be advised

that items that are disputed will not be allowed to be removed. The officer may advise the person

to seek private legal advice as to the distribution of disputed property.

Officers should accompany the person to the location of the property. Officers should ask if the

other party will allow removal of the property or whether the other party would remove the property.

If the other party is uncooperative, the person requesting standby assistance should be instructed

to seek private legal advice and obtain a court order to obtain the items. Officers should not order

the other party to allow entry or the removal of any items. If there is a restraining or similar order

against the person requesting standby assistance, that person should be asked to leave the scene

or they may be subject to arrest for violation of the order.

If the other party is not present at the location, the officer will not allow entry into the location or

the removal of property from the location.

404.4.2 JUSTICE COURT ORDERS

Persons issued a Writ of Retrieval from a justice court should be referred to the Sheriff's Office or

Constable's Office in their respective county (Tex. Prop. Code Sec. 24A.001).

404.5 VEHICLES AND PERSONAL PROPERTY

Officers may be faced with disputes regarding possession or ownership of vehicles or other

personal property. Officers may review documents provided by parties or available databases

(e.g., vehicle registration), but should be aware that legal possession of vehicles or personal

property can be complex. Generally, officers should not take any enforcement action unless a

crime is apparent. The people and the vehicle or personal property involved should be identified

and the incident documented.

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404.6 REAL PROPERTY

Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should

generally be handled through a court order.

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Warrants

405.1 PURPOSE AND SCOPE

The purpose of this order is to establish the guidelines for filing arrest and search warrants.

405.2 ARREST WARRANTS

This section outlines the guidelines for employees to follow when obtaining an arrest warrant and

the proper internal handling procedures to ensure the warrant is properly entered into Local, TCIC,

and/or NCIC.

(a) Employees will complete the investigation of an alleged offense before obtaining an

arrest warrant.

1. Exigent circumstances that supersede the completion of the investigation will be

discussed with the Unit supervisor and with the appropriate County or District

Attorney's office of the county where the offense occurred.

(b) The City of Austin overlaps into multiple counties. Depending on the county in which

the offense occurred, personnel will prepare either a complaint or a probable cause

affidavit for presentation to the appropriate Magistrate in the county where the offense

occurred.

1. All felony affidavits/complaints will be reviewed by a supervisor prior to

presentation to a Magistrate.

2. Affidavits/complaints for any case of a complex nature (as determined by the

Unit supervisor) will be presented to an Assistant County/District Attorney from

the county where charges are to be filed, if available, for review and advice on the

proper wording or text of the affidavit/complaint prior to the Magistrate's review.

3. The affidavit/complaint along with the subject's criminal history, if any, will be

presented to the proper Magistrate for signature. Further documentation of

facts to be considered when setting bond may be presented with the affidavit/

complaint and criminal history.

405.2.1 ARREST WARRANT "PICKUP" SUPPLEMENT

Any employee wishing to obtain an arrest warrant for a person will first complete a "PICKUP"

supplement in Versadex using the "PICKUP" supplement template.

(a) Completely fill out the "PICKUP" supplement to include the following information:

1. Name, date of birth, race, and sex of the wanted person.

2. Any known aliases.

3. Identification numbers (e.g., Texas DL/ID, SSN, DPS SID, FBI, APD).

4. Any other state identifiers (e.g., handgun/firearm permit).

5. Residence address(es). Clearly notate in this field if a subject is currently in

custody at any detention facility and advise the Central Records/Warrant Unit

staff when dropping the warrant off.

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6. Employer(s).

7. Vehicle(s) information (e.g., license plate number, make, color, style, year

model)

8. Any other vehicle identifiers (e.g., collision information, bumper stickers).

9. Charge being filed.

10. Clearly state if the person is violent, has a history of resisting arrest, any history

of previous weapons charges or is licensed to carry a firearm.

11. Name and phone number of the District Attorney contacted for NCIC extradition

purposes.

(b) After the warrant has been signed by a Magistrate, the employee will update the

"PICKUP" supplement with the warrant number, bond amount, and issuing Magistrate.

405.2.2 OBTAINING AN ARREST WARRANT

Employees will present the typed affidavit/complaint and warrant to a Magistrate for signatures in

the County where the offense occurred. Employees will prepare the following documentation:

(a) Travis County:

1. Prepare a probable cause affidavit, a Travis County warrant, and a Municipal

Court cover sheet.

2. A separate affidavit/complaint and warrant are required for each offense or

victim.

3. The affidavit/complaint should identify the affiant, the name of the victim and

suspect, the type of offense, and the elements that constitute a violation of law.

4. The contents of the affidavit/complaint must indicate that the suspect committed

the crime.

5. Employees will not file any charge or complaint alleging any type of law violation

in any court within Travis County except for Municipal Court without authorization

from their supervisor.

6. Magistrate signed warrants and affidavits/complaints will be taken to the

Municipal Court charging office and a cause number will be obtained for both.

7. Employees will make copies of the signed affidavits/complaints to be kept with

the original warrant packet and submit the original affidavits/complaints to the

appropriate clerk for retention.

8. Employees will scan and file the warrant packet.

(b) Williamson County:

1. Misdemeanors – Prepare a complaint, probable cause affidavit, and a

Williamson County warrant. The affidavit, complaint and warrant can be

presented to any Justice of the Peace and all County or District Judges currently

holding office in Williamson County. Warrants, affidavits and complaints signed

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by a court other than a Justice of the Peace must be presented to a JP office

to obtain a Cause Number.

2. Felonies – Excluding "On-View" or "Instanter" arrests, all felony arrest warrants

must be staffed and approved by the Williamson County District Attorney Intake

Division prior to signature by a Magistrate. Warrant affidavits shall include a

sentence identifying the prosecutor approving the warrant.

(a) While it is unlikely that a detective’s complete investigative report and

copies of all digital evidence be available for final review by the Williamson

County DA’s office at the time of arrest warrant presentation, detectives

should make all efforts to provide this information in a timely manner.

(b) Intake staff will provide detectives with an Odyssey DA Control Number on

the final approval of arrest warrants and receipt of the investigation reports

and documents.

detectives to District Court Judges, the Associate Judges or their designee

for review and signature of all felony warrants during normal business

hours. Intake staff or the on call attorney shall direct officers to the on-duty

Magistrate after normal business hours.

(d) Officers will obtain a warrant number from the Williamson County

Magistrate’s Office upon signature by a Williamson County District Judge

or Williamson County Magistrate.

(e) When officers or detectives are made aware that the subject of a

Williamson County warrant has been arrested and taken to a jail other

than in Williamson County, they shall notify the Intake Division at

[email protected] or (512) 943-1234.

(f) Magistrate signed warrants and affidavits/complaints will be taken to the

appropriate clerk's office and a cause number will be obtained for both.

1. Misdemeanor – Williamson County Justice of Peace Courts have

clerk services available.

2. Felonies – Officers shall obtain a warrant number from the

Williamson County Magistrate’s Office, located at the Williamson

County Jail facility, upon signature by a Williamson County District

Judge or Williamson County Magistrate.

(g) Employees will make copies of the signed affidavits/complaints to be

kept with the original warrant packet and submit the original affidavits/

complaints to the appropriate clerk for retention.

1. Deliver the original warrant to the Williamson County Sheriff's office

located at 508 South Rock St. Georgetown, TX.

2. Employees will scan and file the warrant packet.

1. Prepare a complaint, probable cause affidavit and a Hays County warrant.

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2. Detectives wishing to file charges in Hays County will contact the Hays County

District Attorney’s Office for guidance on the proper magistrate to present the

above mentioned documents to.

3. Magistrate signed warrants and affidavits/complaints will be taken to the Hays

County clerk’s office and a cause number will be obtained for both.

4. Employees will make copies of the signed affidavits/complaints to be kept with

the original warrant packet and submit the original affidavits/complaints to the

appropriate clerk for retention.

5. Employees will scan and file the warrant packet.

405.2.3 SCANNING REQUIRED ARREST WARRANT DOCUMENTATION

Warrant packet items must be scanned in the following order via a Xerox scan/copy station into

the G:\Xerox\Warrants folder after the arrest affidavit/complaint is signed by a judge but prior to

submitting the hard copies to the Central Records/Warrant Unit.

(a) Original signed warrant. (Copy if charges filed in Williamson County)

(b) Copy of the affidavit/complaint signed by the magistrate.

(d) Victim Notification Form for Family Violence offenses, if applicable.

(e) Detective Warrant Served Notice form.

405.2.4 SUBMITTING DOCUMENTATION TO CENTRAL RECORDS/WARRANT UNIT

(a) Original APD arrest warrant packets will be filed with the Central Records/Warrant Unit

immediately after being scanned if the warrant is obtained during the Central Records/

Warrant Unit's normal business hours.

1. If the warrant is obtained after Central Records/Warrant Unit's normal business

hours, Teletype will be notified directly by phone of the arrest warrant. If the

warrant meets the criteria for immediate entry, the entire arrest warrant packet

will be faxed to Teletype at 974-0900.

2. An exception to this rule will be authorized when the arrest warrant is served

immediately upon receipt (e.g., suspect is being interviewed, suspect is under

surveillance).

(b) The arrest warrant packet will include the following documentation:

1. Original warrant.

2. Copy of the affidavit/complaint signed by the Magistrate.

3. Copy of the suspect's drivers license and/or state ID return.

4. Printout of the "PICKUP" supplement to the incident report.

5. Printout of the subject's QH from CCH (state) and QH from NCIC (national). Do

not submit the QR rap sheets.

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6. Emergency Protective Order (EPO) for Family Violence offenses, if applicable.

7. Victim Notification Form for Family Violence offenses, if applicable.

8. Any other information pertinent to the wanted subject or investigation.

9. Detective Warrant Served Notice form.

Unit after the warrant packet has been scanned and submitted to the Central Records/

Warrant Unit. Warrants will be clearly stamped "COPY."

405.2.5 ARREST WARRANT SERVICE

Investigative Unit personnel may serve a filed arrest warrant as outlined in General Order 319

(Arrests). Warrants may also be turned over to the APD Fugitive Apprehension Unit (Travis

County) or the appropriate County Sheriff's Office for service.

Upon service of the arrest warrant, the sworn personnel serving the warrant shall complete an

Arrest Report through the Mobile Report Entry (MRE) for the actual charge(s). Do not use the

RTA charge code.

405.3 SEARCH WARRANTS

In order to preserve the integrity of evidence seized in search warrants and for the protection

of officers involved, the following procedures are mandated regarding obtaining and executing

search warrants.

405.3.1 OBTAINING A SEARCH WARRANT

Search warrants will not be obtained by any member of the Department without prior approval of

a supervisor in the employee's chain-of-command. All search warrants will be written by an officer

in the rank of detective or above.

(a) Supervisors shall review and approve search warrants by placing their initials and

employee number in the upper right corner on the face of the warrant application before

allowing the investigator to take the warrant to a magistrate for issuance.

1. Search Warrants authored by sergeants or above must seek review and

approval from a supervisor one rank higher than the author.

2. A blood search warrant for DWI enforcement is exempt from this order and shall

adhere to General Order 355 (DWI Enforcement) and DWI Enforcement Unit

SOP

(b) The case agent will place the incident number pertaining to the search warrant in the

upper right corner on the face of the warrant as soon as it is obtained.

Investigative Unit, a supervisor of the Investigative Unit normally responsible for that

type of offense will be notified prior to service of the warrant.

(d) When a search warrant is for computer equipment that is to be examined in the

computer forensics lab, the case agent should contact the Digital Forensics Unit

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(DFU) or use the current search warrant template available on APD’s SharePoint

site (under “APD Investigations SharePoint” in the links section) to obtain information

on the proper wording of the digital device search warrant before taking the search

warrant to a magistrate for issuance. Prior to executing the search warrant, the seizing

officer should be familiar with the documents: Best Practices for Seizing Electronic

Evidence, as well as Searching and Seizing Computers and Obtaining Electronic

Evidence, available on the DFU SharePoint site.

(e) Williamson County requires search warrants to be staffed with a prosecutor of the

Intake/Grand Jury Division. Intake attorneys and investigators shall schedule and

accompany officers to District Court Judges, the Associate Judges, or their designee

for review and signature of all search warrants during normal business hours. Intake

staff or the on-call attorney shall assist as needed and direct officers to the appropriate

judge after normal business hours.

(f) The appropriate Investigative Unit will normally be the one responsible for follow-up

investigation of the case.

405.3.2 EXECUTION OF A SEARCH WARRANT

A supervisor will be present and in charge when any residential or commercial building search

warrant is executed if the residential or commercial building has not already been secured by

officers.

(a) Narcotic based search warrants will not be executed by any personnel other than

those assigned to Organized Crime unless an Organized Crime supervisor has been

consulted. The Organized Crime supervisor will determine whether the search warrant

would damage any on-going investigation and whether prior approval has been

obtained from the appropriate commander, assistant chief, or the Chief.

(b) Prior to execution of any search warrant for a residential or commercial building not

already lawfully secured by law enforcement, the following shall occur:

1. The supervisor in charge will ensure that a Search/Arrest Warrant Threat

Assessment Form (APD Form #11) is completed, and:

(a) Review the form for accuracy and sign the completed form in the space

provided.

(b) Follow the provided line on the form to determine the level of threat to

personnel and refer the warrant service to SWAT if required.

completing the form or as needed.

(d) Ensure the form is added to the case file.

2. Personnel assigned to Organized Crime will use the Operational Briefing &

Threat Assessment forms as specified in their Operations Procedure Manual.

3. If the search warrant is for computer equipment, the seizing officers should be

familiar with the document Seizing Computers and Computer Related Evidence.

4. A meeting will be held with all participating personnel.

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(a) A sufficient number of officers will be assigned to execute the search

warrant safely and to conduct a thorough search.

(b) One officer may be assigned as the seizing for all evidence seized and is

responsible for properly tagging all evidence.

The diagram will be used to assign officers' positions for the entry to the

location.

(d) One officer may be assigned the responsibility of seizing personal papers

to show an affirmative link between the defendant(s), premises, and

evidence.

(e) The supervisor or designee shall prepare the inventory and receipt of items

seized.

responsible for notifying the Communications supervisor of the location and

approximate time of the warrant service unless it is determined that such notification

would compromise the case or jeopardize officer safety.

(d) When executing a search warrant for a residential or commercial building not already

lawfully secured by law enforcement, the following shall occur:

1. Department-approved raid jackets and body armor will be worn by all

plainclothes officers involved in the execution of a search warrant.

2. Department-approved body armor will be worn by all uniformed personnel

involved in the execution of a search warrant.

3. Officers will announce their agency and purpose (e.g., "Austin Police search

warrant!").

4. Personnel who have not received tactical entry training will not participate in the

entry portion of the execution of any narcotics search warrant.

(e) Copies of the search warrant, the inventory of seized property, and the receipt form

should be given to the person in charge of the premises at the time the search warrant

is executed. If no one is home, copies should be left at the scene.

405.3.3 SEARCH WARRANT REPORTING PROCEDURES

(a) The officer obtaining the search warrant is responsible for writing the original incident

report.

(b) All other involved officers will write a supplement detailing their participation and

actions during the warrant service.

405.4 NO-KNOCK SEARCH WARRANTS

No-knock warrants will:

(a) Only be employed when officer safety is an issue. They will not be used to prevent

the destruction of evidence.

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(b) Be approved by a commander and the signing judge.

SmartSheet form located on the Investigations SharePoint page by the primary

detective within 72 hours after the search warrant is served.

405.5 ELECTRONIC SIGNATURES FOR ARREST AND SEARCH WARRANTS

The Department has created a process as an option for a department representative, detectives or

authorized officers, to obtain arrest and search warrants remotely so they do not have to physically

bring their warrant before the judge or magistrate. Department representatives electing to obtain

either an arrest or search warrant through remote means shall comply with all other requirements

under this order regarding warrant preparation and paperwork filing. Any arrest or search warrants

obtained through APD’s electronic warrant system which requires a supervisor to review and

approve, shall require the supervisor to review and approve through the same system.

Department representatives choosing to obtain an arrest or search warrant through remote

means shall be familiar with and adhere to the guidelines provided in the latest version of

the APD Electronic Warrant Process document which can be found on APDNet under the

Investigations SharePoint page. Following the guidelines in this document will ensure department

representatives are accomplishing the following legal requirements of obtaining these warrants:

(a) Department representatives shall only utilize a method and process approved by and

monitored by the Department, which ensures the digital signature is applied through

the use of a computer program which has appropriate security protocols to ensure

the electronic signature belongs to and is authorized by the person whose signature

it purports to be.

(b) For arrest warrants, there is a legal requirement that the oath administered by the

judge/ magistrate to the department representative must utilize secure CJIS-compliant

video-conferencing technology. The entire video and audio interaction between the

department representative and the judge/magistrate, including the oath, must be

recorded. The recording must be kept on file as an official record related to the

investigation. To the greatest extent possible, the affidavits, warrants, and oaths

administered by and provided to the judge/magistrate must utilize the same wording

and format that would otherwise be used during a traditional, in-person, interaction

between a department representative and a judge/magistrate.

administered to the department representative by a judge/magistrate either using

video conference technology or the telephone.

1. Department representatives may use secure CJIS-compliant video-

conferencing technology at their discretion and if the judge/magistrate agrees. If

video conferencing is utilized, the entire video and audio interaction between the

department representative and the judge/magistrate, including the oath, must

be recorded. The recording must be kept on file as an official record related to

the investigation.

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2. In the event that a judge/magistrate prefers, a department representative may

give the oath over the telephone in lieu of using video conferencing. If the

oath will be administered over the telephone, there is a legal requirement

that the department representative cannot include any probable cause or

additional information that is not included in the written affidavit unless additional

arrangements are made to record the interaction. Therefore, a video conference

should be used if the department representative provides additional information

to the judge/magistrate.

3. To the greatest extent possible, regardless of which method of administering

the oath is used, the affidavits, warrants, and oaths administered by and

provided to the judge/magistrate must utilize the same wording and format that

would otherwise be used during a traditional, in-person, interaction between a

department representative and a judge/magistrate.

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Case Clearance

406.1 PURPOSE AND SCOPE

The proper clearance of a case, regardless of whether the crime was solved, is an important part

of case management and vital for accurate reporting. This order outlines how to properly clear a

case and the guidelines for dismissing charges.

When an arrest is made on a case, the arresting officer shall complete the Clearance Status within

the Clearance Block of the General Offense (GO) report to show Cleared by Arrest. If no arrest

is made at the time of the original report, the responsibility of updating the Clearance Status will

belong to the detective.

Patrol Supervisors are responsible for ensuring the external IBR Clearance Status is updated to

Cleared by Arrest for cases where a patrol officer makes an arrest for one of the offenses reflected

on the GO. The Supervisor will also approve the Clearance Status by completing the "Approved

by" tab within the Clearance Block of the report.

Detectives assigned to cases are responsible for ensuring the external IBR Clearance Status is

updated once the case reaches clearance status level. Detectives will document the clearance

status update by completing the “Date cleared" and “Cleared by" tabs within the Clearance Block

of the GO.

Investigative Unit Supervisors are responsible for ensuring the case clearance reflects the correct

status, and will approve the external IBR Clearance Status by completing the "Approved by" tab

within the Clearance Block of the GO.

406.2 CLEARANCE STATUS

Clearance Status is defined as the external clearance for FBI reporting purposes. Reports shall

be given one of the following clearance statuses as outlined in this section:

(a) Cleared by Arrest

(b) Cleared Exceptionally

406.2.1 NOT APPLICABLE

The Clearance Status is defaulted to Not Applicable. It should remain Not Applicable until the case

reaches an exceptional or arrest clearance.

406.2.2 CLEARED EXCEPTIONALLY

This status is used, when approved by the investigative supervisor, to clear incidents that meet

all the following criteria:

(a) The investigation has established the identity of the offender; and

(b) There is sufficient information to support an arrest, charge, and prosecution; and

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custody; and

(d) There is some reason outside law enforcement control that prevents arresting,

charging, and prosecuting the offender, such as:

1. The victim will not cooperate with the investigation or does not wish to pursue

the case; or

2. A prosecuting attorney has reviewed the case and declines prosecution, or

3. The suspect is a juvenile and committed a status offense; or

4. The suspect is under the age of criminal responsibility; or

5. The suspect dies; or

6. Extradition of the suspect is denied.

An investigative supplement describing how each of the above criteria is met is required on all

cases that are cleared exceptionally.

If the case is Cleared Exceptionally, the IBR Cleared Exceptionally status reason must be chosen.

(a) Death of Offender

(b) Prosecution Declined

(d) Victim Refused to Cooperate

(e) Juvenile, No Custody

406.2.3 CLEARED BY ARREST

This status should be used if any person involved in the report meets the following criteria,

regardless of the disposition of other persons involved or the status of other offenses alleged in

the same report.

(a) This status is used to clear criminal cases involving adult offenders when a suspect

is arrested and charged with the commission of one of the offenses from the initial

incident and the case is referred to court for prosecution, whether following an arrest

or cite and release. An unrelated warrant arrest does not clear the case by arrest.

(b) This status is used to clear criminal cases involving juvenile offenders when:

1. The suspect is physically taken into custody and transported to a juvenile facility

or home with pending charges from the initial incident; or

2. The suspect is processed for an offense from the initial incident and the case

referred to Juvenile Court, whether or not the suspect was actually taken into

custody.

406.3 INTERNAL STATUS

Defined as the department’s internal status of cases for operational and tracking purposes.

Reports shall be given one of the following clearance statuses as outlined in this section.

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(a) Cleared Administratively

(b) Cleared Exceptionally

(d) Field Release Citation

(e) Suspended (Closed)

(f) Suspended (Pending Prosecutorial Review)

(g) Unfounded

(h) Warrant Issued (Suspended)

(i) Referred to Municipal Court (Suspended)

(j) Open

(k) Suspended Pending DNA

(l) Suspended Pending Follow-up

(m) Suspended Pending Victim Readiness

(n) Suspended Prosecutor Declined

(o) Suspended No Leads/Evidence

406.3.1 CLEARED ADMINISTRATIVELY

This status is used to clear non-criminal reports such as the following:

(a) Missing persons that are found or returned home.

(b) Juvenile runaways who are found or returned home without law enforcement

involvement.

(d) Request to locate where the subject is found.

(e) Accidental injuries when no crime is involved.

(f) Suicides where no crime has occurred.

(g) Dependent/neglected children when there is no criminal element.

406.3.2 CLEARED EXCEPTIONALLY

This status is used, when approved by the investigative supervisor, to clear incidents that meet

all the following criteria:

(a) The investigation has established the identity of the offender; and

(b) There is sufficient information to support an arrest, charge, and prosecution; and

custody; and

(d) There is some reason outside law enforcement control that prevents arresting,

charging, and prosecuting the offender, such as:

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1. The victim will not cooperate with the investigation or does not wish to pursue

the case;

2. A prosecuting attorney has reviewed the case and declines prosecution;

3. The suspect is a juvenile and committed a status offense;

4. The suspect is under the age of criminal responsibility;

5. The suspect dies;

6. Extradition of the suspect is denied.

An investigative supplement describing how each of the above criteria is met is required on all

cases that are cleared exceptionally.

If the case is Cleared Exceptionally, the IBR Cleared Exceptionally status reason must be chosen.

(a) Death of Offender

(b) Prosecution Declined

(d) Victim Refused to Cooperate

(e) Juvenile, No Custody

406.3.3 CLEARED BY ARREST

This status should be used if any person involved in the report meets the following criteria,

regardless of the disposition of other persons involved or the status of other offenses alleged in

the same report.

(a) This status is used to clear criminal cases involving adult offenders when a suspect

is arrested and charged with the commission of one of the offenses from the initial

incident and the case is referred to court for prosecution, whether following an arrest

or cite and release. An unrelated warrant arrest does not clear the case by arrest.

(b) This status is used to clear criminal cases involving juvenile offenders when:

1. The suspect is physically taken into custody and transported to a juvenile facility

or home with pending charges from the initial incident; or

2. The suspect is processed for an offense from the initial incident and the case

referred to Juvenile Court, whether or not the suspect was actually taken into

custody.

406.3.4 FIELD RELEASE CITATION

This status is used in misdemeanor cases where all arrested persons are issued a field release

citation instead of a custody arrest.

406.3.5 SUSPENDED (CLOSED)

This status is used when approved by the Investigative Unit supervisor and:

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(a) When the determination is made that any further investment of time would be inefficient

or unproductive; or

(b) After 30 days from the date of assignment and the case has not progressed to the

point that it can be cleared by any other means described in this section.

406.3.6 SUSPENDED (PENDING PROSECUTORIAL REVIEW)

This is a temporary clearance status to indicate that the case is being reviewed by the Grand Jury.

(a) Upon a Grand Jury decision, the status will be changed to reflect the correct final

disposition:

1. "True bill" will use the status Cleared Exceptionally-Extradition Denied.

2. "No bill" will use the internal status Suspended. No IBR/external clearance.

406.3.7 UNFOUNDED

This status is used with the approval of the Investigative Unit supervisor if the investigation shows

that no offense occurred or was attempted.

(a) If the facts of a case indicate that an offense occurred but not the offense indicated by

the title code of the report, the supervisor will change the title code.

(b) This status shall not be used when a report includes multiple title codes where at least

one of the offenses listed is supported by the facts of the case.

406.3.8 WARRANT ISSUED (SUSPENDED)

This is a temporary internal status to indicate that a warrant is outstanding for the arrest of one

or more suspects. When all suspects have been arrested the internal status shall be changed to

Cleared by Arrest.

406.3.9 REFERRED TO MUNICIPAL COURT (SUSPENDED)

This status is used with class C offenses to reflect the victim or complainant was instructed on

how to personally direct-file with the municipal court.

406.3.10 OPEN

This internal status is used to show that a case is still unsolved, leads are being worked, and the

case hasn’t met suspended status.

406.3.11 SUSPENDED PENDING DNA

This internal status is used to show that a case is awaiting evidence sent for DNA analysis.

406.3.12 SUSPENDED PENDING FOLLOW-UP

This internal status is used to show that a case is suspended with anticipation of additional

information or leads.

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406.3.13 SUSPENDED PENDING VICTIM READINESS

This internal status is used for cases that do not meet the requirements for exceptional clearance

to show that a case is suspended due to the victim being unavailable, requesting to drop the

charges, or is not ready to move forward with the investigation.

406.3.14 SUSPENDED PROSECUTOR DECLINED

This internal status is used for cases that do not meet the requirements for exceptional clearance

to show that a case is suspended due to the prosecuting attorney’s office declining to prosecute

for various reasons.

406.3.15 SUSPENDED NO LEADS/EVIDENCE

This internal status is used to show that a case is suspended due to lack of suspect information

or lack of evidence to further the investigation.

406.4 DISMISSAL OF COMPLAINTS AND CHARGES

Employees are not authorized to recommend alteration or dismissal of charges to the District

Attorney, City Attorney or to any other official of the court without proper authorization. Employees

will not sign any form or affidavit to obtain a dismissal of a complaint without going through the

following procedure:

(a) When an employee learns of facts or circumstances to suggest a case they initiated

should be dismissed, the employee will discuss the case with their supervisor.

(b) If the supervisor and employee both feel the case should be dismissed, they will review

the case with the appropriate commander.

be handled as outlined below.

406.4.1 MUNICIPAL COURT

A recommendation to dismiss a case in Municipal Court will be handled as follows:

(a) With the approval of the appropriate commander, the employee and supervisor will

sign the Request for Dismissal form in municipal court.

1. The employee will take the form to a prosecuting attorney and explain the

reasons for recommendation; and

(a) If an incident report has been written, a supplement will be prepared by

the employee setting out the reasons for recommending dismissal.

(b) If there is no incident report the employee will write a memorandum or

letter, as appropriate.

2. A copy of the supplement, memorandum, or letter will be forwarded to the

appropriate commander.

406.4.2 COUNTY OR DISTRICT COURT

A recommendation to dismiss a case in County or District Court will be handled as follows:

(a) With the approval of the appropriate commander, the employee will:

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1. Prepare a detailed supplement or appropriate documentation (memorandum or

letter) setting out the facts or circumstances that lead them to believe the case

should be dismissed.

2. If the employee requesting the dismissal is not part of the Investigative Unit

assigned the case, an employee from the assigned Investigative Unit will review

the case with the appropriate prosecutor.

3. The final decision to dismiss a case must be made by the prosecuting attorney.

4. No case may be dismissed without the consent of the presiding judge.

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Emergency Management

407.1 PURPOSE AND SCOPE

The Austin City Council passed resolution 20050929-008 on September 29, 2005 in response

to a Homeland Security Presidential Directive (HSPD-5), as well as the State of Texas Office

of Homeland Security requiring local governments to adopt the National Incident Management

System (NIMS) as a pre-condition to the receipt of federal grants, contracts, and activities related

to the management and preparedness for all hazards. This resolution officially adopts NIMS and

endorses the Incident Command (ICS) for all City of Austin departments for the management of

disasters, acts of terrorism, and other extraordinary emergencies.

This order establishes the framework from which the department directs its strategic planning

(preparedness) and tactical response for all hazards and large special events. This order is

applicable to all employees (sworn and non-sworn) and assigns specific responsibilities for all

hazards (i.e., man-made or natural disaster or large special events).

407.2 DEFINITIONS

Alpha-Bravo Schedule– A modified work schedule broken-down into 12-hour shifts. Day shift

(Alpha) begins at 0600 and ends at 1800 and Night shift (Bravo) begins at 1800 and ends at 0600

the following calendar day.

Department Operations Center (DOC)– Department Operations Centers (DOCs) are facilities

from which individual departments control their internal resource mobilizations and tactical

operations during periods of increased service demands beyond normal capabilities. Activities

normally carried out in a DOC should not take place in the EOC. Conversely, interagency

coordination and strategic planning should not take place at a DOC. Department level staffing

plans should address both tactical level DOC and EOC staffing needs during significant events.

Also see Emergency Operations Center (EOC) and Incident Command Post (ICP).

Department-Wide Emergency Response- When a circumstance (man-made or natural) has

created an emergency situation requiring the use of tactics and resources other than those

normally used in a Normal State of Readiness, the Chief of Police, or designee, may order a

Department-wide Emergency Response in order to decisively and immediately respond, mitigate,

and recover from the emergency situation.

Director of Emergency Management (APD)- Lieutenant assigned to manage APD’s Emergency

Management Unit. The Director of Emergency Management is responsible for ensuring APD’s

emergency management planning and response efforts comply and/or coincide with applicable

city ordinances, National Incident Management System, and Incident Command System protocols

and best practices. In addition, the Director of Emergency Management is responsible for ensuring

that APD’s emergency management planning and response general strategies seamlessly

integrate with the City of Austin Homeland Security and Emergency Management (HSEM)

emergency operations plans, as well as plans, memoranda of understanding/agreement, and

interlocal agreements with other partner entities.

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Emergency Management Coordinator (APD) – Sergeant assigned to supervise APD’s

Emergency Management Unit. The Emergency Management Coordinator (EMC) is responsible,

under the direction of the Chief of Police or designee, for the organization of personnel, resources,

and facilities in times of crisis. The EMC coordinates APD’s disaster preparedness and response

plan in accordance with city, state, and federal regulations and provides assistance to other

organizations in the development of their preparedness, response and recovery plans. The

EMC will pay close attention to city, state, and federal regulations, implementing them in a

timely manner. The EMC is also responsible for conducting tests and emergency service drills

and exercises with the public, local officials, and first responders, as well as coordinating and

conducting training activities and programs. The EMC will serve as the APD designated single

point of contact (SPOC) for all routine emergency management matters.

Emergency Operations Center (EOC)– The purpose of the Emergency Operations Center is to

coordinate strategic decision-making, resource allocation, public information, and warning. The

operation of the EOC does not eliminate a department’s needs for tactical level coordination

of staffing and resources which normally takes place in a DOC. The EOC focuses on inter-

agency coordination and strategic decision-making. Agency representatives cannot effectively

carry out these functions if they are preoccupied with internal department response planning and

coordination which should take place within a DOC. Also see Department Operations Center

(DOC) and Incident Command Post (ICP).

Emergency Operations Center Representative- Agency representatives at the EOC, usually

Assistant Chiefs, who are at least senior managers, commanders, or chiefs capable of committing

their department’s resources. Lower ranking representatives sent to the EOC as “liaisons” cannot

effectively participate in joint, strategic decision-making and may not have the necessary influence

with higher-ranking officials in their own organizations.

Emergency Operations Plan (EOP)– An emergency operations plan is a course of action

developed to mitigate the damage of potential events that could endanger an organization's ability

to function. Such a plan should include measures that provide for the safety of personnel, property

and facilities. It should also include provisions to assess the severity of an incident and implement

steps to eliminate the problem -- for example, contacting firefighters in case of a fire.

Emergency Management Unit (EMU)– Managed by the APD Director of Emergency

Management, this unit is responsible for ensuring APD’s emergency management planning

and response efforts comply and/or coincide with applicable city ordinances, National Incident

Management System, and Incident Command System protocols and best practices. In addition,

as directed by the Director of Emergency Management, is responsible for ensuring that APD’s

emergency management planning and response general strategies seamlessly integrate with the

City of Austin Homeland Security and Emergency Management (HSEM) emergency operations

plans, as well as plans, memoranda of understanding/agreement, and interlocal agreements with

other partner entities.

Event- A planned, non-emergency activity. ICS can be used as the management system for a wide

range of events (e.g., parades, concerts, and/or special and sporting events). Also see Incident.

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Event Action Plan (EAP)- A written plan containing general SMART objectives reflecting the

overall strategy for managing an event. It may include the identification of operational resources

and assignments. It may also include attachments that provide direction and important information

for management of the event during one or more operational periods. Also see Incident Action

Plan (IAP) and SMART objectives.

Finance Section- The Section responsible for all incident costs and financial considerations. This

section includes the Time Unit, Procurement Unit, Compensation/Claims Unit, and Cost Unit.

FLOP– An acronym used to identify a group of incident management personnel organized

according to function and reporting to the Incident Commander. The General Staff normally

consists of the Finance/Administration Section Chief, Logistics Section Chief, Operations Section

Chief, and Planning Section Chief.

Incident- An occurrence, natural or human-caused, that requires an emergency response to

protect life or property (e.g., terrorist threats or attacks, wild land and urban fires, floods, hazardous

materials spills, aircraft accidents, earthquakes, hurricanes, tornadoes, public health and medical

emergencies, etc.). Also see Event.

Incident Action Plan (IAP)- A written plan containing general SMART objectives reflecting the

overall strategy for managing an incident. It may include the identification of operational resources

and assignments. It may also include attachments that provide direction and important information

for management of the incident during one or more operational periods. Also see Event Action

Plan (EAP) and SMART objectives.

Incident Command Post (ICP)- The location of the tactical-level, on-scene incident command

and management organization for field response teams. The ICP typically comprises the Incident

Commander and immediate staff and may include other designated incident management officials.

Typically, the ICP is located at or in the immediate vicinity of the incident site and is where direct,

on-scene control of field response units takes place. Incident planning and communications are

also conducted at the ICP.

Incident Command System (ICS)- A standardized emergency management construct

specifically designed to provide for the adoption of an integrated organizational structure that

reflects the complexity and demands of single or multiple incidents, without being hindered by

jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures,

and communications operating within a common organizational structure, designed to aid in the

management of resources during incidents. It is used for all kinds of emergencies and is applicable

to small as well as large and complex incidents.

Incident Commander (IC)- The individual responsible for all incident activities, including the

development of strategies and tactics and the ordering and release of resources. The IC has

overall authority and responsibility for conducting incident operations and is responsible for the

management of all incident operations at the incident site. APD IC’s generally operate from the

DOC and delegate responsibilities at the incident site. Also see Incident Command Post (ICP).

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LIPS- Acronym used to prioritize SMART objectives.

(a) Life Safety- Objectives that deal with immediate threats to the safety of the public and

responders are the first priority.

(b) Incident Stabilization- Objectives that contain the incident to keep it from expanding

and objectives that control the incident to eliminate or mitigate the cause are the

second priority.

public and private property and the environment are the third priority.

(d) Societal Restoration- Objectives that identify strategies to return public and private

sector functions to normal levels and are the fourth priority.

Logistics Section- The Incident Command System Section responsible for providing facilities,

services, and material support for the incident.

National Incident Management System (NIMS)- A system mandated by HSPD-5 that provides

a consistent nationwide approach for Federal, State, local, and tribal governments; the private

sector; and nongovernmental organizations to work effectively and efficiently together to prepare

for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.

Normal State of Readiness- This phase constitutes a continuous and constant state of readiness.

The APD proactively ensures this state of readiness by constantly training, maintaining equipment,

conducting ongoing equipment inspections, and gathering information in order to formulate an

effective response plan.

Operational Period- An operational period is the period of time scheduled for executing a given

set of operational actions as specified in the EAP or IAP. The length of the operational period is to

be determined by the APD DOC. When operations are focused primarily on recovery programs,

operational periods are typically a week or longer.

Operations Section- The Incident Command System Section responsible for all tactical incident

operations and implementation of the EAP or IAP.

Planning Section- The Incident Command System Section responsible for the collection,

evaluation, and dissemination of operational information related to the incident, and for the

preparation and documentation of the EAP or IAP. This Section also maintains information on

the current and forecasted situation and on the status of resources assigned to the incident.

SMART Objectives- Objectives reflecting the overall strategy for managing an event or

incident. SMART stands for:

(a) Specific – Is the wording precise and unambiguous?

(b) Measurable – How will achievements be measured?

(d) Realistic – Is the outcome achievable with given available resources?

(e) Time-sensitive – What is the timeframe?

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Situational Awareness- The perception of environmental elements with respect to time or space,

the comprehension of their meaning, and the projection of their status after some variable has

changed, such as time, or some other variable, such as a predetermined event. It is also a field

of study concerned with perception of the environment critical to decision-makers in complex

situations.

Tactical Alert- When the department has received or developed reliable intelligence that there

is a relatively high probability that a circumstance (man-made or natural) may escalate into an

emergency situation requiring the use of tactics and resources other than those normally used

in a Normal State of Readiness, the Chief or Police, or designee, may place the department on

Tactical Alert in order to prepare for a decisive and immediate department-wide tactical response,

if needed.

407.3 OPERATIONAL CONDITIONS (OPCON)

The department operates in three general states. Each state automatically triggers certain duties

and responsibilities for all department personnel (sworn and non-sworn). These states are:

407.3.1 NORMAL STATE OF READINESS

In accordance with the Department’s mission, and in order to effectively serve the citizens

of the City of Austin, all personnel carry out their duties in a perpetual state of readiness.

The Department proactively ensures this state of readiness by constantly training, maintaining

equipment, conducting ongoing equipment inspections, gathering information, and distributing

intelligence in order to formulate an effective response to all hazards. In this normal state

of readiness all department personnel are required to maintain a constant state of situational

awareness by doing certain daily activities to include, but not limited to the following:

(a)

Sworn and non-sworn supervisors must be aware of the potential need to send

their resources and personnel to other units or other assignments (e.g., DOC, EOC,

Command Posts, etc.) with little to no notice.

(b)

Sworn and non-sworn supervisors will review Emergency Operations Plans (EOPs)

with their employees published by the Emergency Management Unit (EMU).

407.3.2 TACTICAL ALERT

When the department has received or developed reliable intelligence that there is a relatively high

probability that a circumstance (man-made or natural) may escalate into an emergency situation

requiring the use of tactics and resources other than those normally used in a Normal State of

Readiness, the Chief of Police, or designee, may place the department on Tactical Alert in order

to prepare for a decisive and immediate department-wide tactical response, if needed.

In the event the Chief of Police places the department on Tactical Alert, the Chief’s designee will

notify the department via an “APD All” page and email.This page and email title will include the

reason for the tactical alert (e.g., Tactical Alert-Severe Weather, Tactical Alert-Flooding, Tactical

Alert-Civil Disturbance, Tactical Alert-Terror Threat, etc.), as well as, any additional directions.

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In addition to any special instructions received via pager or email, when placed on Tactical Alert

all department supervisors will begin to prepare for the probable incident by doing the following:

(a) Duty Chiefs/EOC Representatives, or designee, for the potential initial operation

period will complete the following:

1. Identify, schedule, and notify additional EOC Representatives for potential

subsequent operational periods.

2. Identify and notify personnel needed to serve in the EOC, if it is activated.

3. Disseminate to all identified and notified potential EOC personnel and review

applicable Emergency Operations Plans (EOPs).

(b) Duty Commander/DOC IC for the potential initial operation period will complete the

following tasks:

1. Identify and notify personnel needed to serve in the DOC (FLOP), if it is

activated.

2. Identify, schedule, and notify additional DOC ICs for potential subsequent

operational periods.

3. Disseminate information to all identified and notified potential DOC personnel

and review applicable Emergency Operations Plans (EOPs).

4. Task applicable potential DOC personnel with drafting preliminary SMART

objectives.

5. DOC ICs for subsequent operational periods will, in turn, identify and notify

personnel needed to serve in the DOC.

6. With the Duty Chief’s authorization, DOC ICs may rescind or deny any leave,

department wide, for all personnel (sworn or non-sworn).

equipment available for the next three calendar days, at minimum, and be prepared

to report that count to the DOC on applicable APD ICS Forms (i.e., Sergeant to

Lieutenant, Lieutenant to Commander, Commander to DOC, DOC to EOC).

1. Sworn and non-sworn supervisors will identify and draft a schedule personnel

for potential Alpha/Bravo assignments.

2. Sworn and non-sworn supervisors will review applicable Emergency Operations

Plans (EOPs) as disseminated by the DOC or APD Emergency Management.

3. Sworn and non-sworn supervisors will review and prepare to execute their

applicable section of the department’s Continuity of Operations (COOP) annex,

if applicable.

(d) In addition to any special instructions, when placed on Tactical Alert, all department

personnel (sworn and non-sworn) will prepare for the probable incident by doing the

following:

1. Continue performing all activities as in a Normal State of Readiness.

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2. Keep issued pager nearby, day or night, whether on or off-duty, in accordance

with APD General Orders.

3. Prepare to work modified hours (e.g. Alpha/Bravo) for a long duration of time.

4. Prepare to work or support EOC and/or DOC operations.

5. Prepare a “go bag” containing personal items needed for extended duty

assignments (e.g., personal hygiene items, change of clothing, water, and food,

etc.)

6. Sworn personnel will report to work in Class D (tactical uniform) with all

equipment needed to work patrol and crowd control regardless of primary or

ancillary assignments (See Patrol SOP for a list of equipment needed.)

407.3.3 DEPARTMENT-WIDE EMERGENCY RESPONSE

When a circumstance (man-made or natural) has created an emergency situation requiring the

use of tactics and resources other than those normally used in a Normal State of Readiness,

the Chief of Police, or designee, may order a Department-wide Tactical Response in order to

decisively and immediately respond, mitigate, and recover from the emergency situation.

In the event the Chief of Police orders a Department-wide Emergency Response, the Chief’s

designee will notify the department via an “APD All” page and email. This page and email title will

include the reason for the department-wide emergency response (e.g., Emergency Response-

Severe Weather, Emergency Response-Flooding, Emergency Response-Civil Disturbance,

Emergency Response-Terror Incident, etc.), as well as, any additional directions.

In addition to any special instructions received via pager or email, during a department-wide

emergency response all department supervisors will execute the tasks they would normally

prepare for while on a Tactical Alert and follow orders given by the DOC.

407.3.4 PERSONNEL DEPLOYMENT (ALPHA/BRAVO)

In order to leverage the resources needed to decisively and immediately respond to, mitigate,

and recover from an emergency situation, the Chief of Police (or designee) may establish a

department-wide work schedule change. If so directed, the usual modified work schedule is

broken-down into 12-hour shifts. Day shift (Alpha) begins at 0600 and ends at 1800 and Night

shift (Bravo) begins at 1800 and ends at 0600 the following calendar day. Supervisors will submit

personnel rosters reflecting personnel assignments to day and night shifts to the DOC, via their

chain of command, on an APD ICS Form 204. The DOC IC may modify any or all portions of

Alpha/Bravo. The following groups are designated to work as follows:

(a) Day Shift (Alpha):

1. All Patrol Day shifts

2. All District Representatives

3. All Regional Detectives

(b) Night Shift (Bravo)

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1. All Patrol Evening shifts

2. All Patrol Night shifts

3. All Metro Tactical teams

Crimes, OCD, Training, etc.) shall be divided equally between day and night shift (i.e.,

50% Alpha and 50% Bravo), unless otherwise directed by the DOC.

(d) Special Operations and non-sworn personnel schedule modifications will be

designated by the DOC IC, if needed.

407.4 DEPARTMENT OPERATIONS CENTER (DOC)

When the Departmental Operations Center (DOC) is activated, the incident shall be managed in

accordance with ICS protocols. The objectives of any activation is to decisively and immediately

respond to, mitigate, and recover from an emergency situation while continuing to provide police

services to the citizens of the City of Austin.

407.5 CRITERIA FOR DOC ACTIVATION

Situations that trigger activations may be unique and therefore activations are a judgment call

based upon numerous factors; however, generally, the DOC should be activated when a situation

exists that has overwhelmed or will overwhelm and/or depleted department resources, regardless

if the Austin-Travis County Emergency Operations Center (EOC) has been activated or not.

When the Watch Lieutenant is aware of a situation that could potentially trigger a DOC activation,

they will consult with the Duty Commander. The Duty Commander will consult with the Duty

Chief to make the final determination to activate the DOC. The Duty Commander will factor the

magnitude of the incident along with the incident’s impact on department operations.

Incidents that would merit a DOC activation may include, but are not limited to the following:

(a) 9-1-1 system crash

(b) Large spontaneous protest

(d) APD Medical Countermeasure Plan Activation

(e) Hazardous weather event

(f) Officer involved incident with an associated hostile crowd

(g) Larger than normal media response to an incident

(h) Multi-agency protracted response to an event

(i) Large training exercise

(j) Continuity event requiring APD COOP activation

(k) As directed by the Chief of Police or designee

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407.6 DOC RESPONSE AND PROTOCOL

Upon initial activation of the DOC, the Duty Commander will respond as the DOC Incident

Commander (IC) for the initial operational period. Generally, the DOC will be located at the

COMPSTAT Room (4th Floor of Police Headquarters); however, the IC may direct that the DOC

be located elsewhere. The IC will begin to assess the situation and direct what personnel will be

needed in the DOC as an initial response.

(a) Upon activation, the IC, or designee, will immediately notify other entities that the APD

DOC has been activated. Notifications include, but are not limited to, the following:

1. COA HSEM

2. APD Communications

3. AFD DOC, if applicable

4. EMS DOC, if applicable

(b) Upon activation, the IC, or designee, will:

1. Review all relevant emergency operations plans (i.e., Regional, City, APD, etc.).

2. Draft SMART objectives for the operational period using LIPS to prioritize

objectives.

3. Determine what the operational periods will be (e.g., 8-hour, 10 hour, Alpha/

Bravo, etc.).

4. Document all relevant decisions, requests for resources, and activity in WebEOC

or APD ICS 214 Activity Log.

period of the incident will be documented in an Incident Action Plan (IAP) using all

the applicable APD ICS forms. The number of personnel who will respond to the

DOC will vary depending on the size and scope of the incident (scalable). The

personnel required at the DOC can either be increased or decreased, as needed.

Specific personnel with specialized skills may be required during complex incidents.

(d) All APD personnel (sworn and non-sworn), regardless of rank and/or work groups are

either subject to support or subject to callback for the DOC. The usual personnel

needed for DOC duties may include, but are not limited to the following:

1. Personnel to assist with:

(a) Finance

(b) Logistics

(d) Planning

(e) PIO

(f) CTM

(g) ARIC

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(h) Fleet

(i) Special Events

(j) Special Operations

(k) SRT leadership

(l) CAST leadership

(m) Police Technology

(n) Administrative support

407.7 DOC OPERATIONAL AUTHORITY

The DOC operates with the authority of the Chief of Police. The designated IC may leverage this

authority in order to decisively and immediately respond to, mitigate, and aid in recovery from an

emergency situation while continuing to provide police services to the citizens of the City of Austin.

ICs have all department resources at their disposal and have the authority to do the following, to

include but not limited to:

(a) Cancel training courses, court, and leave

(b) Modify work schedules

(d) Suspend the ride-along program

(e) Direct staff to establish an Incident Command Post (ICP)

(f) Hold over APD personnel (sworn and non-sworn)

(g) Direct support units to report to Patrol functions (e.g., Motors, detectives, Highway

Enforcement, etc.).

(h) Limit APD response to service types and actions (e.g., not responding to alarm

calls, issuing "blue forms" in crashes that require a towtruck, etc.).

(i) Assign personnel (sworn and non-sworn) to serve in the DOC in various capacities.

407.8 INCIDENT ACTION PLANS (IAP) AND EVENT ACTION PLANS (EAP)

The IAP or EAP is a written plan that defines the incident or event objectives and reflects the

tactics necessary to manage an incident or event during an operational period. The IAP or EAP

is to be considered directive and helps all personnel involved understand incident objectives and

issues. An IAP or EAP is primary source of data used to refine public safety systems, protocols,

and procedures for subsequent incidents or events. In addition, financial reimbursement to the

department for large incidents is contingent upon submitting an IAP. APD EMU will be available,

day or night, to assist IC’s designees with drafting an IAP or EAP.

An IAP or EAP or supporting ICS documents are required under the following circumstances:

(a) DOC activations

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(b) EOC activations

(d) Anytime a command post is used for any operation for two or more designated

operational periods.

(e) Anytime any emergency operations plan (EOP) is applied in to an event or incident in

conjunction with a DOC, EOC, and/or command post activation.

407.9 AFTER ACTION REVIEW/REPORT (AAR) AND CORRECTIVE ACTION PLAN (CAP)

Organizational learning requires continuous assessment of organizational performance, looking

at successes and failures, and ensuring that learning takes place to support continuous

improvement. The After Action Review/Report (AAR) is the primary means and tool used by APD

for facilitating this assessment. It works by bringing together a team to discuss a task, incident,

event, activity, or project, in an open and honest fashion.

The systematic application of properly conducted AARs across an organization can help drive

organizational change. When applied correctly, AARs can become a key aspect of the internal

system of learning and motivation.

Subsequent to any incident or event, which requires an IAP or EAP, APD EMU will facilitate an

After Action Review with key personnel no later than two calendar weeks after the last operational

period of the incident or event. Attendance and participation at the After Action Review is

mandatory, unless otherwise authorized by the Chief of Police. APD EMU will compile all input

from the review into an After Action Report and submit it to the Chief of Police.

Via APD EMU, the Chief of Police will then issue a Corrective Action Plan (CAP). As the name of

the document implies, compliance with the CAP is mandatory. CAPs may direct that corrective

action be taken, to include, but not limited to, the following examples:

(a) Department general order changes

(b) Unit SOP changes

(d) Department reorganization

(e) budget reallocation

(f) Personnel reassignment

In lieu of an APD CAP, the Chief of Police may direct that corrective action be taken in compliance

with a CAP published by the City of Austin Homeland Security and Emergency Management

department (HSEM).

407.10 DUTY COMMANDER (DOC IC) AND DUTY CHIEF (EOC REPRESENTATIVE)

ROSTER

Duty Commander (DOC IC) and Duty Chief (EOC Rep) roster is maintained by the Intelligence

Division Commander and is stored and maintained on the Emergency Management Unit

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SharePoint page. Any changes to the Duty Commander (DOC IC) and Duty Chief (EOC Rep)

roster can be made 24/7 by either calling the Intelligence Division Commander or the APD Director

of Emergency Management.

407.11 ORGANIZATIONAL DEVELOPMENT AND COMPLIANCE REPORTING

In compliance with resolution 20050929-008, and in a continuing effort to ensure all department

personnel (sworn and non-sworn) possess and maintain the knowledge, skills, and abilities

needed to decisively and immediately respond, mitigate, and recover from any emergency

situation, the department provides the up-to-date NIMS and ICS training for its employees.

The APD Director of Emergency Management is tasked with evaluating and determining the

applicability of various NIMS and ICS training courses to personnel assignments and ranks within

the department. At least twice a calendar year, APD EMU will publish the latest NIMS and ICS

training requirements and training compliance roster for all employees. All employees are required

to complete all required NIMS and ICS training within 18 months of their initial assignment and/

or promotion to their current rank.

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Mobile Field Force

408.1 PURPOSE AND SCOPE

Civil disorders may arise from a number of contributing factors and the event may be triggered

by a single cause or a combination of causes. The Department is dedicated to utilizing the most

effective techniques and procedures when dealing with civil unrest.

The initial response to emergency and disaster incidents by patrol officers is outlined in General

Order 407 (Emergency Management). This order covers the activation and mobilization of on-

duty personnel to handle civil disorder situations when it has been determined to use the Mobile

Field Force (MFF) concept.

408.1.1 MOBILE FIELD FORCE ACTIVATION

Several different types of scenarios can utilize a MFF. These include planned events, such as a

rally or protest, as well as spontaneous incidents that exceed normal response capabilities and

require a MFF response.

(a) The activation of a MFF should be considered when dealing with any:

1. Large scale disturbance; or

2. Disturbance where there is potential for escalation of violence if a large scale

show of force is not present.

(b) The following personnel have the authority to activate a MFF response:

1. Chief of Police.

2. Assistant chiefs.

3. Commanders.

4. Watch Lieutenant.

5. Patrol and support lieutenants.

408.2 MOBILE FIELD FORCE CONCEPT

The Mobile Field Force (MFF) is an organized group of specially trained and disciplined officers

that can vary in size depending on the scale of the situation. The objectives of the MFF are to:

(a) Life/Safety.

(b) Incident Stabilization.

(d) Societal Restoration.

408.2.1 MOBILE FIELD FORCE COMPOSITION

(a) The MFF is commanded by the on scene Incident Commander (IC) and/or designated

Operations Section Chief(s) who are in charge of the event per ICS protocol. IC

responsibilities include:

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1. Determining how many officers will respond to form the MFF; and

2. Designating the location of a Command Post and rally point.

(b) The Incident Commander and/or Operations Section Chief(s) may be assisted by a

lieutenant or sergeant acting as a Deputy or Executive Officer (XO).

(d) A MFF platoon is composed of four MFF squads.

1. A platoon should be commanded by a lieutenant, if available.

2. A preemptive platoon will provide the Incident Commander with the flexibility to

conduct offensive operations, if needed, and to make mass arrests.

408.2.2 MOBILE FIELD FORCE EQUIPMENT AND SUPPLIES

The MFF will be equipped with Batons or PR24's (excluding ASPs), OC spray, less-lethal

shotguns, and helmets with face shields.

(a) Each Patrol Region will maintain an inventory of items necessary for the MFF (e.g.,

OC spray, less-lethal munitions, flex-cuffs).

(b) The Patrol Region where the incident occurs will be responsible for resupplying the

MFF.

available Patrol supervisor from the Region where the incident occurred to deliver

these items to the MFF.

408.3 TRAINING AND PREPAREDNESS

Being prepared for incidents of civil unrest can be the key to reducing the potentially

catastrophic consequences associated with these incidents. All sworn personnel are responsible

for maintaining a level of proficiency in MFF training and tactics.

(a) Patrol commanders shall ensure that all lieutenants and sergeants under their

command are familiar with the Unified Tactical Response Plan (UTRP) and MFF

implementation.

(b) Patrol and support lieutenants are responsible for:

1. Ensuring that personnel under their command are proficiently trained in MFF

tactics, procedures, and commands; and

2. Verifying personnel attend training in MFF procedures and tactics on a regularly

scheduled basis.

training.

(d) All personnel who have received specialty training in the deployment of impact

munitions are responsible for maintaining a level of proficiency in those capacities.

(e) All supervisors are responsible for making personnel in their chain-of-command aware

of existing conditions or actions that may affect them. This may include:

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1. Changing officers' and supervisors' schedules.

2. Changing officers' and supervisors' assignments.

3. Implementing a callback plan.

4. Inspecting and assessing the readiness of MFF equipment and munitions.

5. Advising personnel of any situation, or potential situation, involving a riot or civil

disturbance that could require deployment of an MFF.

408.4 MOBILE FIELD FORCE RESPONSE

The number of officers comprising the MFF will depend on the time of day that the MFF is initiated

and is at the discretion of the Incident Commander.

(a) Initiation of the MFF will be broadcast citywide by dispatch.

(b) The MFF activation will utilize a tiered response plan.

1. Tier I Response - This involves using two designated officers from each on-duty

patrol shift to respond to a MFF call up.

2. Tier II Response - This involves using officers from the Highway Enforcement

Command (Motors, L&W, and Highway Response) and can be supplemented

by additional officers from patrol or other Department units as dictated by the

Incident Commander.

Commander's discretion, a Tier II Response can be utilized.

(d) Designated MFF officers will respond to the MFF broadcast.

(e) The Incident Commander will make the determination whether MFF officers will

respond to the scene or to a designated staging area. In some situations, MFF officers

may be directed to respond directly to the scene to support the on scene officers while

others are directed to respond to the staging location to form up a MFF response.

408.5 CONTROL STRATEGIES AND CONSIDERATIONS

The control strategies employed by the MFF include:

(a) Containment.

(b) Arrest.

(d) Emergency Response.

408.5.1 CONTAINMENT

After the initial response, the next most important control objective is to contain the spread of

disorder. Through the use of perimeter control, officers will limit access to the affected area. The

three basic concepts of perimeter control are linear strategy, cordoning, and sectoring.

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(a) Linear Strategy - Deploys police as a blocking force along a roadway or geographic

barrier perpendicular to access routes into the impacted area.

(b) Cordoning - Surrounds a particular problem area by using the linear strategy to seal

off access on all sides. These two maneuvers allow the police to prevent outsiders

from being drawn into the unrest as victims or participants and, at the same time, limit

the spread of violence from inside the affected area.

one sector at a time as sufficient police resources are assembled to begin the process

of regaining control.

408.5.2 ARRESTS

During acts of civil disorder, police must act quickly to arrest violators of the law. These arrests

will help diffuse the unrest while also providing a break in the violence.

(a) Arrests must commence from the outset and be made early, quickly, constitutionally,

fairly, and reasonably. This pattern must be sustained for the duration of the unrest.

(b) If mass arrests occur, the Incident Commander will request prisoner transport vehicles

to the scene.

408.5.3 LOCAL EMERGENCY ORDERS

An essential component of the Department's strategy for responding to a civil disorder is

the issuance of emergency orders. The Mayor has the authority to issue and enforce rules,

regulations, orders, and directions necessary to maintain Life Safety, Incident Stabilization,

Property Conservation, and Societal Restoration (e.g., establish a curfew).

408.5.4 EMERGENCY RESPONSE

A major civil disorder will require the Department to devote a large portion of its resources

to restore order. When circumstances indicate that such a response is required, the Incident

Commander will announce the mobilization of the MFF and will give the location of the assembly

area. Once this has been initiated, all specified personnel will respond to the designated

location. The ranking supervisor will refer to the instructions in the Mobile Field Force Supervisor

Instructions and Scribe Log (PD0239) and should perform the prescribed tasks.

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Austin Police Department

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Swift Water and Flooding Incidents

409.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidance and direction in responding to a swift water/

flooding incident. The objective in responding to swift water/flooding incidents is to safely remove

victims from the danger of swift water or flooding while keeping the safety of responders and

citizens at a premium. These situations are inherently dangerous. The possibility of a rescuer

becoming a victim is ever present and should be considered at all times.

409.2 EQUIPMENT AND TRAINING

(a) Each patrol vehicle shall be equipped with a Department approved Personal Floatation

Device (PFD) and Throw Bag.

(b) Each patrol officer shall be trained in the proper use of the PFD and Throw Bag.

409.3 OFFICER RESPONSE

Water rescue incidents may involve individuals or vehicles trapped in swift water, water

evacuations involving individuals stranded by slow moving but rising water, or individuals reported

under water. Water rescue is normally a technical rescue to be accomplished only by a swift water

rescue Special Operations Team.

(a) Officers should request the AFD Special Operations Team, if not already dispatched.

(b) Upon arrival at the scene, officers will:

1. Park the patrol unit out of potentially vulnerable areas in the event rising water

becomes more widespread.

2. Wear their Personal Flotation Device (PFD) at all times at water rescue incidents.

3. Keep personnel and citizens without PFD's a minimum of 15 feet away from the

water's edge.

4. Assess the situation, victim status and water conditions and continually update

Communications.

409.4 WATER RESCUE GUIDELINES

A water rescue should not be undertaken unless a victim's life is in immediate peril or conditions

are rapidly deteriorating and it is unlikely that any immediate assistance will be available from a

swift water rescue Special Operations Team.

(a) Officers will only initiate a water rescue after a thorough risk/benefits analysis,

including:

1. Life safety issues for both victim(s) and officers; and

2. Risks of initiating rescue operation versus delaying until arrival of trained Special

Operations Team resources.

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(b) Notify communications if a rescue operation is attempted.

1. If victim is seen struggling in water, attempt to assist with a Throw Bag from the

shore.

2. Never tie a victim or yourself to the Throw Bag rope.

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Hazardous Material Response - 370

Hazardous Material Response

410.1 PURPOSE AND SCOPE

Hazardous substances present a potential harm to employees resulting from their exposure. This

order outlines the Department's response when dealing with hazardous materials.

410.1.1 HAZARDOUS MATERIAL DEFINED

Hazardous material - A substance which, by its nature, containment and reactivity, has the

capability of inflicting harm during exposure. It is characterized as being toxic, corrosive,

flammable, reactive, an irritant or strong sensitizer and thereby poses a threat to health when

improperly managed (Tex. Health and Safety Code § 501.002).

410.2 HAZARDOUS MATERIAL RESPONSE

Employees may encounter situations involving suspected hazardous materials, such as at the

scene of a traffic crash, chemical spill or fire. When employees come into contact with a suspected

hazardous material, certain steps should be taken to protect themselves and citizens.

The Austin Fire Department is the agency trained and equipped to properly respond and

mitigate most hazardous substances and biohazards. In an effort to increase efficiency and

effectiveness, AFD and APD will communicate and coordinate activities in accordance with an

Incident Command System.

Responders entering the area may require decontamination before they are allowed to depart the

scene and should be evaluated by appropriate technicians and medical professionals for signs

of exposure.

The following steps should be considered at any scene involving suspected hazardous materials:

(a) Attempt to identify the type of hazardous substance. Identification may be determined

by placard, driver's manifest or statements from the person transporting the material.

(b) Utilization of personal protective gear. If in doubt about whether the use of personal

protective equipment is appropriate, officers should contact on scene Hazmat

personnel.

(d) Provide first aid to injured parties if it can be done safely and without contamination.

(e) Begin evacuation of the immediate area and surrounding areas, dependent on the

substance. Voluntary evacuation should be considered; however, depending on

the substance, mandatory evacuation may be necessary. The decision to continue

evacuation beyond the immediate area or shelter in place should be made after

consultation with AFD Haz-Mat units.

(f) Responders should remain up hill and upwind of the hazard until a zone of entry and

a decontamination area is established.

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410.2.1 RADIOLOGICAL TESTING

All explosions should be assumed to have dispersed radiological material. Testing for signs of

radiation should be conducted by trained APD officers or AFD Hazmat personnel as soon as

possible after an incident.

410.3 REPORTING EXPOSURE(S)

(a) Employees who believe they have been exposed to a hazardous material shall

immediately report the exposure to a supervisor.

1. Supervisors informed of an employee exposed to a hazardous material shall

ensure that immediate medical treatment is obtained and appropriate action is

taken to lessen the exposure.

2. Each exposure shall be documented by the employee in an employee

memorandum that shall be forwarded via chain-of-command to the employee's

Commander.

3. Should the affected employee be unable to document the exposure for any

reason, it shall be the responsibility of the notified supervisor to complete the

memorandum.

4. Supervisors shall complete the required Workers' Compensation forms as

outlined in General Order 956 (On-Duty Injury or Illness).

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Hostage, Barricaded, and Suicidal Subject

Incidents

412.1 PURPOSE AND SCOPE

Hostage situations and barricaded suspects present unique problems for law enforcement. The

protection of the public and law enforcement personnel is of the utmost importance. Proper

planning and training will tend to reduce the risks involved with these incidents. The Critical

Incident Negotiation Team's (CINT) sole purpose is to facilitate the professional resolution of

hostage and/or barricaded subject incidents.

For purposes of this document, "professional resolution" means utilizing nationally recognized

law enforcement negotiation techniques which focus on saving human life during critical times

involving emotionally disturbed persons and/or criminal subjects. Professional resolution further

means recognizing the importance of safety and inter-unit communication and cooperation with

regard to the overall success of critical incident resolution.

412.1.1 DEFINITIONS

Barricaded Subject - A person who takes a position of cover or concealment or maintains a

position in a structure and who resists capture by law enforcement personnel. A barricaded subject

may be armed, suspected of being armed, threatening violence and/or have demonstrated the

potential to commit violence against others or themselves.

Hostage - A person held by one party in a conflict as security, so that specified terms will be met

by the opposing party.

Hostage Negotiator - An officer who has been selected, trained and certified by the CINT

Coordinator.

"Jumper" Situations - An unarmed suicidal subject who is threatening to jump from an elevated

position which is capable of causing death.

Unarmed Suicidal Subject - An unarmed suicidal subject who presents no immediately apparent

danger to officers or the public.

412.2 CRITICAL INCIDENT NEGOTIATION TEAM RESPONSE

The primary function of the Austin Police Department Critical Incident Negotiation Team is to

assist other members of the Austin Police Department and/or other law enforcement agencies

who require assistance with the professional resolution of hostage/barricaded subject situations,

and unarmed suicidal subjects.

The CINT is a direct support unit to the SWAT Team and together comprise a component of

Special Operations. As such, the CINT is on the SWAT call-up trigger page. All requests for

hostage negotiators or the CINT are made through the Communications supervisor.

(a) Hostage and Barricaded Subjects

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1. SWAT and CINT shall always respond to hostage/barricaded subject incidents.

(b) "Jumper" Situations

1. Hostage negotiators may be called to the scene of "jumper" situations. When

requested, generally two (2) hostage negotiators will respond.

1. SWAT and CINT will not normally respond to any other type of unarmed suicidal

subject. In unarmed suicidal subject situations other than a "jumper," officers

may request a response from crisis intervention officers or the Crisis Intervention

Team (CIT).

412.3 FIRST RESPONDER ASSESSMENT

Nothing in this order precludes an officer from making a call inside a structure to determine what

is going on, or to request that a subject come outside to speak with officers.

The ranking officer may request the assistance of an on-duty hostage negotiator to aid in the initial

assessment, phone call or verbal contact.

As soon as it becomes apparent that a hostage/barricaded subject incident or "jumper" situation

is in progress, officers shall adhere to the notification process outlined in this order.

412.3.1 NOTIFICATION PROCESS AND RESPONSIBILITIES

(a) If the assessment determines a hostage/barricade situation exists, the first responder

shall immediately request a supervisor to respond and notify Communications to

request a SWAT/CINT response.

(b) If the assessment determines that a "jumper" situation exists, the ranking officer should

notify Communications to request a CINT-only response.

shall consider the following:

1. Avoid confrontation in favor of controlling and containing the situation until the

arrival of trained personnel and/or trained hostage negotiation personnel.

2. Evacuation of bystanders and injured persons.

3. Provide responding officers with a safe arrival route to the location.

4. Follow Department guidelines for perimeter control, containment, and

communications.

(d) The ranking officer is responsible for ensuring that personnel on scene with pertinent

information are available to relay it to SWAT/CINT as soon as possible.

(e) The responsibility for the disposition of a subject who has been taken into custody for

a criminal offense or mental health evaluation lies with the uniformed first responders.

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412.4 SUPERVISOR RESPONSIBILITIES

(a) Supervisors shall immediately respond to the scene of all hostage/barricade situations

and be responsible for the following:

1. Rapidly evaluate and assess the situation, and obtain a briefing by the initial

responders.

2. Assume the role of Incident Commander and retain this role until relieved.

3. Establish a Command Post and appropriate chain-of-command.

4. Notify tactical and hostage negotiation personnel.

5. Notify appropriate persons within and outside the agency, such as command

officers, dog handlers or helicopter pilots.

6. Establish inner and outer perimeters.

7. Request ambulance, rescue, fire and surveillance equipment.

8. Authorize news media access and news media general order.

9. Pursuit/surveillance vehicles and control of travel routes.

(b) Supervisors or the Watch Lieutenant should advise the Special Operations

commander with as much of the following information as is available:

1. The number of suspects, known weapons and resources available.

2. Whether the suspect is in control of hostages.

3. If the suspect is barricaded.

4. The type of crime involved.

5. If the suspect has threatened or attempted suicide.

6. The location of the Command Post and a safe approach to it.

7. The extent of any perimeter and the number of officers involved.

8. Whether the suspect has refused an order to surrender, and any other facts

critical to the immediate situation.

412.5 ON-SCENE COMMAND RESPONSIBILITIES

(a) Upon arrival of the Special Operations supervisor at the scene, the Special Operations

supervisor shall be briefed about the situation by the original on-scene supervisor and/

or on-scene personnel with knowledge of the incident.

(b) Once briefed, the Special Operations supervisor or designee shall be responsible for

the tactical portion of the operation.

general support for the Special Operations teams.

(d) The original on-scene supervisor and the Special Operations supervisor, or authorized

designees, shall maintain communication as the situation develops.

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412.6 REPORTING

Unless otherwise relieved by a supervisor, the initial officer at the scene is responsible for

completion of reports or coordination of reports for the hostage/barricade incident.

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Clandestine Lab

413.1 PURPOSE AND SCOPE

Clandestine laboratory enforcement actions are complicated by the presence of hazardous and/

or explosive chemicals. Clandestine laboratories often house substantial quantities of highly toxic,

corrosive and explosive chemicals posing serious human health and environmental risks. To

ensure that issues concerning health, officer safety, and safety of the environment are properly

handled, the following procedures will be followed when an employee discovers apparatus they

suspect may be used to manufacture narcotics. There are strict federal and state guidelines for

the dismantling, removal, and transporting of clandestine lab chemicals and apparatus.

413.1.1 CLANDESTINE LAB TEAM

The Organized Crime Division (OCD) has a certified Clandestine Lab Team (CLT) that is specially

equipped and trained for the purpose of investigating, dismantling, and transporting clandestine

laboratories. This team is on call 24 hours a day, seven days a week to respond to clandestine

labs.

413.2 CLANDESTINE LABS

A clandestine lab can be either a cooking lab in the process of producing an illegal drug, or it can

be a boxed-up or dismantled lab.

(a) Clandestine Labs can be found in, but are not limited to, the following places:

1. Residential structures (e.g., houses, motel rooms).

2. Vehicles, boats, and travel trailers.

3. Self-storage units.

4. Wooded areas.

(b) Clandestine labs are dangerous due to the threat of explosion, fire, and chemical

contamination to officers and civilians who are close to a lab.

enter any room or structure known to contain or reasonably suspected to contain a

clandestine laboratory.

(d) Officers should be aware that clandestine laboratories may also be established for the

production of biological or chemical agents to be used in weapons of mass destruction

(WMD). If a WMD lab is suspected, notification should be made to the APD Bomb

Squad as well as the CLT.

413.3 PROCEDURES AFTER THE DISCOVERY OF A LABORATORY OR LABORATORY

APPARATUS

Only certified, trained CLT members or an APD Chemist will be involved in the dismantling,

removal and transportation of clandestine lab chemicals and apparatus.

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(a) Officers who discover any item(s), which may resemble a clandestine lab and/or

chemicals, will notify APD Communications immediately.

1. Communications will contact the Fire Department if any clandestine lab,

chemical spill, or chemical situation presents an immediate threat of fire,

2. Communications will immediately notify the on-call CLT sergeant. In the absence

of the CLT sergeant, the CLT lieutenant will be notified.

(b) Officers will not attempt to disconnect any apparatus, except in extreme circumstances

where taking no action would lead to more serious consequence (e.g., fire, explosion).

persons in the house or vehicle should be moved a safe distance from the lab.

1. Any suspect(s) believed to have involvement should be detained until the CLT

members arrive and debrief the suspect(s).

2. Residents in nearby dwellings should be moved to a safe location until the area

has been declared safe by the CLT supervisor.

(d) Officers will not transport any chemicals or apparatus in police vehicles unless directed

otherwise by a CLT member.

(e) Officers should never discard or move any chemical substances found unless at the

direction of a CLT member.

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Bomb Threats, Explosive Devices, and Bombing/

Explosion Incidents

414.1 PURPOSE AND SCOPE

These guidelines have been prepared to assist officers in the initial response toincidents involving

bomb threats, explosive devices, or bombing/explosion incidents. Under no circumstances should

these guidelines be interpreted as compromising the safety of first responders or the public. When

confronted with an incident involving explosives, safety shall always be the primary consideration.

414.1.1 REQUIRED BOMB SQUAD NOTIFICATION

(a) The Bomb Squad shall be notified of, and respond to:

1. Bomb threats made at mobile targets such as aircraft, trains, and watercraft.

2. Incidents where a suspected or known explosive device is discovered.

3. Explosive emergencies.

4. All incidents where an explosion has occurred.

5. Scenes where suspected explosives have been located or recovered (e.g.,

commercial, military, homemade).

(b) The Bomb Squad should NOT normally be utilized in response to bomb threats

targeting a building, dwelling or fixed structures unless an explosive device is found

or circumstances warrant it. This includes all fixed structures such as:

1. Industrial buildings.

2. Shopping centers or malls.

3. School or college campuses.

4. Government buildings.

5. Residential dwellings.

414.1.2 USE OF RADIOS/CELLULAR PHONES DURING BOMB RELATED INCIDENTS

The use of equipment during bombing/bomb threat response incidents that generate radio

frequency energy is a subjective matter that must balance risk versus benefit. The need

for communications among responders can outweigh the risk of communication equipment

inadvertently causing a detonation of an unknown explosive device. With this is mind it is

permissible to leave radios and cell phones on during a bomb threat search or life saving measures

at explosion scenes, but if a suspicious item is identified, do not transmit from a position near

the item(National Guidelines for Bomb Technicians, Section 8.5, rev 3/10, U.S. Dept. of Justice,

Federal Bureau of Investigation).

414.2 BOMB THREATS AND FOUND EXPLOSIVE DEVICES

Officers responding to a bomb threat and/or who find a potential explosive device shall follow the

guidelines outlined in this section.

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414.2.1 BOMB THREATS

When dispatched to a bomb threat, officers should:

(a) Advise Communications of arrival one (1) to two (2) blocks from the location.

(b) Locate, identify and interview the following personnel:

1. Person in charge of the premises.

2. Person who received the threat.

3. Anyone who knows anything about the threat or the suspect.

4. Evaluate the validity of the threat.

1. The decision to evacuate a premises on a bomb threat should be made by the

person in charge of the premises, but may be superseded by a supervisor at

the scene.

2. If evacuation occurs, establish a perimeter of 300 feet or more from the target.

(d) Search for potential explosive devices:

1. The decision to conduct a search of the target of a bomb threat should be made

by the person in charge of the premises based on an evaluation of validity of the

threat. Officers should assist in conducting any search.

2. If possible, obtain a search team of volunteers who are familiar with the area

to be searched.

3. Systematically search the area starting with areas accessible to the public.

4. Search for unusual items that seem out of place or suspicious.

(a) If no potential explosive device is found, officers can clear the call and go

back in-service.

(b) If an potential explosive device is found, officers shall follow the guidelines

below.

414.2.2 FOUND EXPLOSIVES/SUSPECT DEVICES

No known or suspected explosive device should be considered safe regardless of its size or

apparent packaging. The device should not be touched or moved except by qualified Bomb Squad

personnel. When officers locate a suspected explosive device, the following guidelines should be

followed:

(a) All equipment within 300 feet of the suspected device that is capable of producing radio

frequency energy (e.g, two-way radios, cell phones, MDC, personal communication

devices) should be turned off. These devices may cause a detonation.

1. When it is necessary to communicate with a radio or cell phone, officers should

place as much distance and shielding between themselves and the suspect item

as possible or use a land line telephone.

(b) Notify a supervisor and request additional assistance, as necessary.

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following information to Communications, as available:

1. Any stated threat(s).

2. Exact comments.

3. Time of device discovery.

4. Exact location of the device.

5. Full description of the device (e.g., size, shape, markings, construction).

(d) Establish a minimum perimeter of 300 feet around the location of the device and

evacuate the area. In establishing a perimeter, wind speed and direction must be

considered. This information is available from Communications.

(e) Set up an initial Command Post.

1. The designated site for the initial Command Post should be swept for possible

secondary explosive devices and other hazards and established upwind of the

incident scene if possible.

2. Advise Communications of the Command Post location and direct initial

responding units to perimeter locations.

3. Request anyone who has seen the device/explosive to stand by at the Command

Post.

(f) Officers will have their Personal Protective Equipment (PPE) immediately available in

the event an explosion occurs.

(g) A search of the area should be conducted for secondary devices or other objects that

are either hazardous or foreign to the area, and a perimeter should be established

around any additional suspicious device found.

(h) Explosive or military ordnance of any type should be handled only by the bomb squad

or military ordnance disposal team.

414.2.3 SUPERVISOR RESPONSIBILITY

The first supervisor on the scene to a legitimized bomb threat should do the following:

(a) Assume command of the scene.

(b) Establish the primary Command Post.

1. The primary Command Post can be the same as the initial Command Post or it

can be moved at the discretion of the supervisor based on the best information

available at the time.

2. The site should be swept for possible secondary explosive devices and other

hazards.

3. The Command Post should be established up-wind of the incident scene if

possible.

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(d) Order an evacuation if believed necessary.

(e) If possible, contact the responding bomb techs and brief them on the information about

the device/explosive.

(f) Execute all suggestions of the bomb techs and await their arrival.

(g) Do not allow anyone other than Bomb Squad personnel to approach the suspected

explosive device for any purpose without consulting responding bomb technicians first.

414.3 RESPONSE TO EXPLOSION/BOMBING INCIDENTS

When an explosion has occurred, there are multitudes of considerations which may confront the

responding officers. As in other catastrophic incidents, a rapid response may help to minimize

injury to victims, contamination of the scene by gathering crowds or additional damage by resulting

fires or unstable structures.

(a) Whether the explosion was the result of an accident or a criminal act, responding

officers should consider the following actions:

1. Immediately don PPE upon arrival at the scene.

2. Attempt an up-wind approach if feasible.

3. Notify a supervisor and request assistance.

4. Immediately establish a safety perimeter and evacuate anyone in the immediate

area. In establishing the perimeter, wind speed and direction must be

considered. This information is available from Communications.

5. Have Communications contact the Bomb Squad and Duty Commander.

6. Set up an initial Command Post with other emergency services providers and

advise Communications of its location. The location selected for a Command

Post should be swept for secondary explosive devices and other hazards

7. Direct initial responding units to perimeter locations.

8. Request anyone who has seen the device/explosion to stand by at the Command

Post.

9. Be aware of the possibility of secondary devices and/or explosions.

(b) All explosions should be assumed to have dispersed radiological material. Officers

should not attempt to enter the immediate area of the explosion until AFD Hazmat or

trained APD officers have made an assessment of possible hazards.

414.3.1 SUPERVISOR RESPONSIBILITY

(a)

The first supervisor on the scene of a post-explosion incident should:

Assume command of the scene.

Establish the primary Command Post. This site can be the same as the initial

Command Post or it can be moved at the discretion of the supervisor based on

the best information available at the time. The location selected for the primary

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Command Post should be swept for secondary explosive devices and other

hazards and established up-wind of the incident scene if possible.

Establish an outer perimeter if believed necessary.

Order an evacuation if believed necessary.

Ensure all APD personnel are wearing appropriate PPE.

Contact Communications and advise that a potential WMD/CBRN event is in

progress.

Contact the responding bomb techs and brief them on the information about the

incident, if practicable.

Execute all suggestions of the bomb technicians and Hazmat Commanders and

await their arrival at the scene.

(b)

Supervisors will not permit officers to enter the inner perimeter area until Hazmat has

evaluated the scene for potential hazards.

(c)

Supervisors will insure that personnel are properly decontaminated at the conclusion

of the incident. AFD Hazmat should be contacted for assistance.

414.3.2 CROWD CONTROL

Only authorized personnel with a legitimate need shall be permitted access to the scene.

Spectators and other unauthorized individuals shall be excluded to a safe distance as is

reasonably practicable given the available resources and personnel.

414.3.3 SCENE OF INCIDENT

As in any other crime scene, steps should immediately be taken to preserve the scene. The scene

could extend over a long distance. Evidence may be imbedded in nearby structures or hanging

in trees and bushes. The initial perimeter at an explosion scene should be set at 1.5 times the

distance from the site of the explosion to the farthest found piece of debris if possible.

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Utilization of Narcan

415.1 PURPOSE

To establish guidelines governing the utilization of Narcan by police officers.

415.2 POLICY

Officers administering Nasal Naloxone (Narcan) shall be properly trained prior to its use and

deployment.

415.3 DEFINITIONS

Heroin - Heroin is an opioid drug that is synthesized from morphine, a naturally occurring

substance extracted from the seed pod of the opium poppy plant. Heroin usually appears as

a white or brown powder or as a black sticky substance, known as "black tar heroin." Heroin

chemically converts to morphine in the brain.

Naloxone - Also known as Narcan- a synthetic drug, chemically similar to morphine, which blocks

opioid receptors in the nervous system. This drug is intended to restore breathing for subjects

experiencing an opioid overdose. It is not intended to bring the subject back to a normal state.

Opioids - Opioids are medications that are naturally or chemically related to heroin. They reduce

the intensity of pain signals reaching the brain and affect those brain areas controlling emotion,

which diminishes the effects of a painful stimulus.

Common Opioids

Dextropropoxyphene Diamorphine

Codeine Hydromorphone

Tramadol Oxymorphine

Tapentadol Leverphanol

Anileridine 7-Hydroxymitragynine

Alphaprodine Buprenorphine

Pethidine Fentanyl

Hydrocodone (Vicodin) Sufentanil

Morphine Bromadol

Oxycodone (Percocet) Etorphine

Methadone Dihydroetorphine

Oxycontin Heroin

415.4 CONSIDERATIONS

(a) General Considerations:

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1. Universal precautions should be used with a minimum of nitrile, latex, or

equivalent gloves. An officer's first priority should be scene safety.

2. Officers may need to kneel or crouch during evaluation and application. This

should only be done if it does not expose the officer to increased risk of assault

or injury. If the victim is awake, officers should not administer Narcan and should

wait for medical personnel to arrive.

3. Narcan can be administered to a police K9 that has accidently inhaled an opioid

during their search duties. Dosing is the same as for a human.

(b) Narcan use for non-opiates:

1. Narcan will not reverse overdoses that are caused by non-opioid drugs,

such as cocaine, benzodiazepines (e.g., Xanax, Klonopin, and Valium),

methamphetamines, or alcohol. It should not be used when evidence shows

overdose is caused by a non-opioid drug.

2. If a "mixed overdose" is suspected, where non-opioid and opioid based drugs are

used together, follow the listed procedures for an opioid overdose. Administering

Narcan on a subject that is not experiencing an opioid overdose will not harm

the subject.

1. Once the officer has decided to administer Narcan, the officer should notify

Communications. Communications should relay the information to responding

medical personnel. When available a backup officer should also be dispatched

to assist with any possible violent reaction.

2. Narcan may be used when an opioid overdose is reported or reasonably

suspected and the victim is unconscious. This can include but is not limited to:

(a) Where the person is found to be unresponsive, there is an absence of

breathing or the victim has no pulse, is unresponsive to a sternum rub

and has bluish lips and nail beds, constricted pupils, or bluish general

appearance.

(b) Where the person is found to be unresponsive, but still has a pulse and

breathing.

an opioid overdose at a given location and meets the victim presentation

examples above.

(d) When observing drugs, drug paraphernalia or drug instruments associated

with the individual, or meets other signs listed below:

1. Breathing may be slow and shallow (less than 10 breaths per minute

which equals 1 breath every 6 seconds) or may have stopped

2. Vomiting

3. Face may be pale and clammy

4. Pulse (heartbeat) may be slow, erratic, or not present

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5. Choking or loud snoring noises

6. May not respond to shaking or sternum rub

7. Skin may turn gray, blue, or ashen

415.5 PROCEDURE

The Property Control Office (PCO) will keep inventory of all Narcan kits. Additional kits will be

issued to Patrol Lieutenants in the event PCO is not available.

415.5.1 STORAGE

Narcan should be stored securely, at room temperature and not exposed to light. It should not

be left in a car for extended periods of time and must not be subjected to extreme heat or cold

for over 2 hours.

415.5.2 DEPLOYMENT

(a) Once scene safety and universal protections are in place and the use of Narcan has

been decided on as an appropriate action, officers should follow these steps:

1. Retrieve the Narcan kit and prepare for deployment per Department training.

2. Prepare victim for administration of Narcan by placing the victim into "recovery

position" (either left or right side). This will aid in keeping the airway clear,

preventing the victim from choking on vomit or other secretions.

3. Insert white cone into nostril; give a short vigorous push on the end of the capsule

to spray Narcan into nose.

4. If no reaction in 2-5 minutes, give a second dose if available.

5. Following the dose, ventilation should be provided utilizing a bag-valve mask.

AFD carry bag-valve masks and can provide ventilation once on-scene.

Officers should not wait for AFD to arrive before administering the dose.

6. Note any changes in the victim's condition to tell medical personnel upon their

arrival.

7. Continue to render first aid until medical personnel arrival.

8. Once medical personnel is on scene provide any pertinent information to them

including the condition of the victim when found, dose given, the victim's

response to the Narcan and the name of the administering officer.

9. The used Narcan dose shall be placed back in the original packaging with the

PCO barcode, placed in an evidence bag, labeled “Used”, and returned to PCO.

415.6 REPORTING

Upon administering Narcan, an incident report shall be submitted detailing the nature of the

incident. The report shall include the PCO barcode. The proper Versadex Role Code shall be

applied to the overdosing subject.

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Should a dose of Narcan be damaged, lost, or stolen, the officer must comply with General Order

800.4.1

415.7 TRAINING

All officers administering Narcan will receive initial training that will include, at minimum, an

overview of Texas Health and Safety Code Subchapter E, 483.106 (b), which permits emergency

services personnel to administer Narcan, and the Department’s “Naloxone Carry and Use

Training” module.

415.8 OFFICER RESPONSIBILITIES

(a) Officers who have received the appropriate training shall request Narcan through PCO

or an on-duty lieutenant at the beginning of each shift and return the Narcan at the

end of shift.

(b) If a dose of Narcan has been damaged the officer will place the dose with original

packaging in a bag labeled “Damaged” and returned to PCO.

415.9 LIEUTENANT RESPONSIBILITIES

In the event PCO is not available, the Patrol Lieutenant will issue the Narcan to the officer and

email PCO the officer’s name and PCO barcode.

415.10 PROPERTY CONTROL OFFICER (PCO) RESPONSIBILITIES

(a) PCO will issue Narcan to officers at the beginning of the officer’s shift and restock

when returned.

(b) PCO will advise Risk Management when a dose has been returned used or of any

damaged doses via the SmartSheet submission form.

(d) PCO will determine the best time to restock based on usage.

415.11 APD RISK MANAGEMENT RESPONSIBILITIES

(a) The APD Risk Management Lieutenant is responsible for verifying that the individuals

having access and/or administering Narcan receive training on overdose response

techniques and Narcan administration as well as the proper storage of the medication

and disposal of the used or damaged Narcan dispensers.

(b) APD Risk Management will monitor all doses that have been damaged or used and

provide a summary report upon request.

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Aircraft Crashes

416.1 PURPOSE AND SCOPE

This order describes situations involving aircraft crashes, including responsibilities of personnel,

making proper notification and documentation.

416.2 RESPONSIBILITIES

In the event of an aircraft crash, employee responsibilities are as follows:

416.2.1 OFFICER RESPONSIBILITY

Officers should treat an aircraft crash site as a crime scene until it is determined that such is not

the case. If a military aircraft is involved, additional dangers, such as live ordnance or hazardous

materials, may be present. The scene may require additional security due to the potential presence

of confidential equipment or information.

(a) Officers arriving on scene of an aircraft crash should:

1. Determine the nature and extent of the crash.

2. Request additional personnel and other resources to respond as needed.

3. Provide assistance for the injured parties until the arrival of EMS, AFD and/or

other emergency personnel.

4. Cordon off and contain the area to exclude unauthorized individuals as soon as

practicable.

5. Provide crowd control and other assistance until directed otherwise by a

supervisor.

(b) Entering an aircraft or tampering with parts or debris is only permissible for the

purpose of removing injured or trapped occupants, protecting the wreckage from

further damage or protecting the public from danger. If possible, the investigating

authority should first be consulted before entering or moving any aircraft or any crash

debris. Photographs or sketches of the original positions should be made whenever

feasible.

parties are cared for and the crash scene has been rendered safe for containment.

Thereafter, police personnel will be responsible for preserving the scene until relieved

by the investigating authority.

(d) Once the scene is relinquished to the investigating authority, personnel from this

department may assist in containment of the scene until the investigation is completed

or assistance is no longer needed.

(e) An airport service worker or the airport manager may respond to the scene to assist

the on-scene commander with technical expertise, should it be needed during the

operation.

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416.2.2 NATIONAL TRANSPORTATION SAFETY BOARD

The National Transportation Safety Board (NTSB) has the primary responsibility for investigating

crashes involving civil aircraft. In the case of a military aircraft incident, the appropriate branch of

the military will be involved in the investigation. The NTSB is concerned with several aspects of

a crash as described in this section.

Every effort should be made to preserve the scene to the extent possible in the condition in which

it was found until such time as NTSB or other authorized personnel arrive to take charge of the

scene.

Military personnel will respond to take charge of any military aircraft involved, regardless of any

injury or death.

If the crash did not result in a death or injury and the NTSB elects not to respond, the pilot or

owner may assume control of the aircraft.

Removal of the wreckage shall be done under the guidance of the NTSB or military authorities or,

if the NTSB is not responding for an on-site investigation, at the discretion of the pilot or the owner.

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Family Violence

418.1 PURPOSE AND SCOPE

Family Violence is alleged criminal conduct and it is the order of the Austin Police Department to

stress enforcement of criminal laws related to family violence, the protection of the victim and the

availability of civil remedies and community resources.

418.1.1 DEFINITIONS

Bodily Injury - “Bodily Injury” means physical pain, illness, or any impairment of physical condition

(Texas Penal Code § 1.07).

Dating Relationship - A relationship between individuals who have or have had a continuing

relationship of a romantic or intimate nature. A casual acquaintanceship or ordinary fraternization

in a business or social context does not constitute a dating relationship. The existence of such a

relationship shall be determined based on consideration of the (Tex. Fam. Code § 71.0021(b & c)):

(a) Length of the relationship,

(b) Nature of the relationship, and

Dating Violence - An act by an individual that is against another individual with whom that person

has or has had a dating relationship and that is intended to result in physical harm, bodily injury,

assault or sexual assault or that is a threat that reasonably places the individual in fear of imminent

physical harm, bodily injury, assault or sexual assault. However, dating violence does not include

actions taken in self-defense. (Tex. Fam. Code § 71.0021).

Family - Individuals who are related either by blood or by marriage. Family includes former

spouses, parents of the same child regardless of the marital status or the legitimacy of the child,

and foster child/parent relationships (Tex. Fam. Code § 71.003).

Family Violence - An act by a member of a family or household against another member of the

family or household that is intended to result in physical harm, bodily injury, assault or sexual

assault or that is a threat that reasonably places the member in fear of imminent physical harm,

bodily injury, assault, or sexual assault. However, family violence does not include actions taken

in self-defense (Tex. Fam. Code § 71.004).

•

Family violence also includes the term dating violence (Tex. Fam. Code § 71.004).

Household - A unit composed of persons living together in the same dwelling, without regard to

whether they are related to each other (Tex. Fam. Code § 71.005).

Member of a household - Includes a person who previously lived in a household. (Tex. Fam.

Code § 71.006).

Primary Aggressor - The person who appears to be the most significant aggressor rather than

the first aggressor. In identifying the primary aggressor an officer shall consider:

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(a) The intent of the law to protect victims of family violence from continuing abuse,

(b) The threats creating fear of physical injury,

(d) Whether either person acted in self-defense.

418.2 ENFORCEMENT GUIDELINES

The primary duties of an officer who investigates a family violence allegation, or who responds

to a disturbance call that may involve family violence, are to protect any potential victim of family

violence and enforce the law by making lawful arrests of violators.

Officers making an arrest for any incident involving family violence shall direct file all charges

as outlined in General Order 323 (Booking and Arrest Review), unless directed otherwise by the

appropriate investigator.

418.2.1 ARREST REQUIREMENT FOR ASSAULTIVE OFFENSES

(a) Officers are required to make an arrest for incidents involving family violence when:

1. An assault has occurred that resulted in a minimum of bodily injury or complaint

of pain; or where an officer can articulate facts from which a reasonable person

could infer that the victim would have felt pain due to:

(a) The manner in which the suspect made contact with the victim, or

(b) the nature of observable physical marks on the suspect's body allegedly

caused by the suspect's contact with the victim, and

2. The suspect is still on-scene; and

3. The assault meets the definition of "family violence" or "dating violence."

(b) If both parties have been assaulted, officers shall make reasonable efforts to identify

the primary aggressor. Arrests of both parties should be avoided unless warranted.

1. If officers at the scene cannot determine the primary aggressor, an on-duty

supervisor shall be contacted to make the determination.

2. If the on-duty supervisor cannot determine the primary aggressor and there is

adequate and articulable probable cause to believe that each person contributed

to the violence, supervisors may authorize officers to make multiple arrests.

(a) Officers shall write probable cause affidavits for each of the arrests and

direct file the charges.

(b) The name of the supervisor authorizing a multiple arrest situation shall be

included in the incident report.

and enforcement action when physical violence has taken place.

(d) Officers shall arrest for assault by threat or assault by contact if no physical violence

has occurred that resulted in bodily injury, but circumstances reasonably show that

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further violence is likely to happen. Supervisor approval is required when the arrest

is made from inside a residence.

(e) Supervisors may authorize an exception to an arrest if there are articulable facts that

lead a reasonable person to believe the alleged suspect was acting in self-defense.

The facts leading to the decision for an exception shall be fully documented in the

incident report, along with the name of the supervisor approving the exception.

(f) In felony incidents involving family violence the on-call investigator from the Domestic

Violence Unit shall be contacted by a supervisor when:

1. Serious or life-threatening injuries are sustained, regardless of whether an arrest

is made; or

2. A crime scene is complex and may require a response and/or the assistance of

a unit detective (ex. search warrant, high profile cases, etc.).

Notification simply due to a felony offense occurring or a felony arrest being made is not

required. Should an officer or supervisor determine or feel that a notification to the Domestic

Violence Unit in these situations is necessary, such notification should be made via email at

[email protected].

418.2.2 ARREST PC AFFIDAVITS FOR FAMILY VIOLENCE RELATED ASSAULTS

(a) Arrest affidavits for family violence assaults shall be limited to information that is

necessary to establish probable cause. Officers shall refrain from copying and pasting

their incident report into the arrest affidavit. It is not necessary to include the primary

aggressor’s account of events within the arrest affidavit, unless such inclusion is

necessary to establish probable cause.

(b) Arrest affidavits prepared by patrol officers shall be reviewed by APD Arrest Review

Detectives to ensure the elements of the offense have been met. Arrest Review shall

present all arrest affidavits that include said elements to the Municipal Court Magistrate

for signature. Rejected affidavits will be documented per general orders and forwarded

to the Domestic Violence Unit for further investigation.

418.2.3 FAMILY VIOLENCE INVOLVING MENTAL ILLNESS

If there is reason to believe a suspect that is still on-scene suffers from a mental illness, an on-

duty patrol officer that is a certified Crisis Intervention Team (CIT) officer shall be requested to

the scene.

(a) A Peace Officer Emergency Commitment (POEC) may be used to remove a suspect

from the scene for the purpose of a psychiatric evaluation and/or treatment in lieu of

a custodial arrest. The discretion to use a POEC rests solely with the on-scene CIT

officer.

(b) It is recommended that a suspect in a family violence offense only be placed in

protective custody pursuant to a POEC when sufficient psychiatric bed space is

available and has been confirmed at the proper psychiatric facility by the CIT officer

prior to transport. Under no condition will a suspect in protective custody pursuant

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to a POEC be transported to a hospital ER for a family violence offense when no

psychiatric beds are available in lieu of filing criminal charges.

may transport the subject to a psychiatric facility on the POEC.

1. Once at the facility, the CIT officer will remain with the subject pending the

physician's evaluation.

(a) If the facility admits the subject, the CIT officer shall complete all required

family violence documentation but will not file any charges on the subject.

Additional charges may be filed at a later time.

(b) If the facility does not admit the subject, the CIT officer will place the subject

under arrest for the family violence criminal offenses(s) committed. Once

arrested, the CIT officer shall complete all documentation and use direct

file procedures for the filing of charges at the time of booking.

(d) This section does not:

1. Remove the requirement to complete an Assault Victim Statement (AVS) and

make any applicable notifications as outlined in this order.

2. Supersede an officer's authority to arrest for a felony offense at the scene in

accordance with Department General Orders.

418.2.4 FAMILY VIOLENCE INVOLVING JUVENILES

(a) Juvenile Suspects

1. Family violence incidents involving a juvenile suspect between the ages of 10-16

years old shall be enforced and reported the same way as if the suspect was

an adult.

(b) Juvenile Victims

1. Officers investigating an allegation of family violence that involves the discipline

of a child/juvenile should make the determination if the force used was

reasonable. Officers are reminded not to allow personal beliefs regarding

discipline to interfere with their legal judgment.

(a) Officers who determine that the force was unreasonable, that serious

injury occurred, or that the potential for serious injury is likely, shall contact

their supervisor prior to making an arrest.

(b) Supervisors shall contact the appropriate Investigative Unit prior to

transporting the suspect; these arrests are not direct filed.

1. The incident shall be handled by the Family Violence Protection Team when:

(a) The victim is 15, 16, or 17 years of age and the alleged suspect is any

"family member;" or

(b) The victim is 14 years of age or younger and the alleged suspect is a

"family member" who does not have care, custody and control of the

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child at the time of the incident (e.g., older sibling, cousin, or person not

authorized to discipline the child).

2. The incident shall be handled by the Child Abuse Unit when:

(a) The victim is a juvenile 14 years of age or younger and the alleged suspect

is a "family member" who does have care, custody, and control of the child

at the time of the incident (e.g., parent, guardian, related babysitter).

418.2.5 FAMILY VIOLENCE INVOLVING STRANGULATION/SUFFOCATION

When the suspect impedes the normal breathing or circulation of the blood of the victim by applying

pressure to the victim's throat, neck or by blocking the victim's nose or mouth, the assault shall

be enhanced to a felony of the third degree (Tex. Penal Code § 22.01(b)(2)(B)).

(a) While in most cases there is evidence of both external and internal injury to the neck,

many times there are no visible injuries. In those instances, an internal injury may still

have occurred that can result in death. Victim may not understand the danger of their

injuries and may be reluctant to seek medical attention.

1. Call EMS to the scene to evaluate the victim even if the victim doesn't want them.

2. Advise EMS you suspect strangulation with possible life threatening injury.

(b) Proper documentation of an assault involving strangulation/suffocation is critical and

should include at least the following:

1. Physical Signs - This may include, but is not limited to:

(a) Red marks or bruising around the neck.

(b) Loss of memory in the recollection of the sequence of events.

(d) Difficulty and/or painful swallowing or hoarseness in the voice.

2. Type/Method

(a) Ligature - Involves the use of a weapon (e.g., belt, telephone cord, shoe

string, rolled up shirt) to impede breathing or cause air restriction.

(b) Manual - Involves the use of the suspects' hands to impede breathing or

to cause air restriction.

1. Describe in detail the position of the suspect in relation to the victim

(e.g., grabbed from the front or from behind) and what body part was

used by the suspect (e.g., one hand, both hands, arm using choke

hold).

3. Specific Questions

(a) What did you think was going to happen?

(b) What did the suspect say?

(d) What did you say during the assault?

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(e) How did you feel?

4. Additional Observations

(a) If the victim has trouble swallowing, breathing or any pain or tenderness

in neck area.

(b) Any changes in the victim's voice during interview (e.g., hoarseness,

raspy, loss of voice).

418.2.6 ENHANCEMENT DUE TO PRIOR CONVICTION

(a) A misdemeanor assault shall be enhanced to a felony of the third degree if the suspect

has an eligible prior conviction on their CCH (Tex. Penal Code § 22.01(b)(2)(A)).

(b) An assault involving strangulation/suffocation shall be enhanced to a felony of the

second degree if the suspect has an eligible prior conviction on their CCH, with the

exception of a prior conviction involving continuous violence against family (Tex. Penal

Code § 22.01(b-1)).

1. A prior conviction meets the guidelines for enhancement if:

(a) The victim in the previous offense had a family or dating relationship with

the defendant; and

(b) The offense is classified as:

1. Any offense in Tex. Penal Code Chapter 19; or

2. Any offense in Tex. Penal Code Chapter 22; or

3. Kidnapping (Tex. Penal Code § 20.03); or

4. Aggravated kidnapping (Tex. Penal Code § 20.04); or

5. Indecency with a child (Tex. Penal Code § 21.11); or

6. Continuous violence against the family (Tex. Penal Code § 25.11).

418.2.7 CONTINUOUS FAMILY VIOLENCE

(a) Continuous violence against family (Tex. Penal Code § 25.11) is a separate offense

and should only be used when the defendant does not have a qualifying previous

conviction.

(b) The determination of whether to file the continuous violence against family charge

shall be at the discretion of Arrest Review.

418.2.8 INTERFERENCE WITH EMERGENCY TELEPHONE CALL

Interference with emergency telephone call has its own arrest authority (Tex. Code of Crim. Pro.

art. 14.03(a)(5)) that is separate from the arrest authority for family violence.

(a) Officers should consult with their supervisor or Arrest Review to confirm there is

enough probable cause for the arrest of this offense. If enough probable cause exists,

officers may make an arrest.

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(b) When no arrest is made, officers shall write up a report and detail whether the victim

wants to file charges for the offense.

Assault Victim Statement (AVS) is completed.

418.3 ADDITIONAL INVESTIGATIVE GUIDELINES

This section includes additional guidelines and required notifications when investigating any

incident that involves family violence or may have involved family violence.

418.3.1 ASSAULT VICTIM STATEMENT

(a) An Assault Victim Statement (AVS) form shall be completed on every incident involving

family violence, regardless of whether an arrest is made. This includes, but is not

limited to, any assault offense involving family violence with the exception of assault

by contact and assault by threat offenses.

(b) Officers shall advise victims of their right to obtain an emergency protective order

(EPO) and ask them if they wish to file one. The required guidelines for filing an EPO

are outlined later in this order.

sign it.

1. Victims should be advised that the AVS may be used to file charges.

2. In the event the victim refuses to complete and sign the AVS, the reporting officer

shall complete the form and sign it under the signature refused section with a

witness to the refusal, if possible.

3. The AVS form must be reviewed for completeness by the officer prior to leaving

the scene.

418.3.2 VICTIM INFORMATION

(a) Officers shall provide each adult present with a copy of the information pamphlet

entitled Victim Assistance Information that includes the Notice to Adult Victims of

Family Violence and write the incident number on the front page.

(b) Victims should always be referred to Victim Services for counseling.

may be filed even if the victim does not wish charges to be filed.

1. Victims who express a desire to drop charges should be referred to Victim

Services. Victim Services will refer the victim, after counseling, to the County or

District Attorney.

(d) Victims with additional questions should be referred to the Family Violence Protection

Team.

1. On felony arrests, the victim should be told to contact the Family Violence

Protection Team the next day to determine if the assigned investigator needs

additional information or statements.

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2. On non-arrest incidents, the victim should be told that the case will be assigned

to an investigator for follow-up investigation.

418.3.3 REQUIRED CHILD PROTECTIVE SERVICES NOTIFICATION

(a) When CPS Notification is Required

1. Officers must notify Child Protective Services (CPS if the officer suspects a child

is being abused or neglected by a person responsible for a child’s care, custody,

or welfare.

2. A notification to CPS shall be made.

(b) How CPS Notification may be Completed

1. The incident should be reported to CPS from the scene or immediately after

clearance; however, notification shall be made prior to the end of the primary

officer's tour of duty.

2. It is ultimately the primary officer’s responsibility to ensure the required

notification is completed, regardless of what method is used.

(a) The primary officer can complete the notification by using the CPS Law

Enforcement Hotline number available through Communications.

(b) APD Victim Services may be requested to complete the notification if they

are already assisting at the scene or with the case.

1. If Victim Services is used, officers need to provide all the required

pertinent information to the team member.

1. APD incident number.

2. Brief summary of incident.

3. Names, ages and dates of birth of all children involved.

4. Names, ages, dates of birth of adults involved.

5. Address where incident occurred.

6. Address where parties reside and/or may be located.

(d) Reporting

1. Any received CPS call ID number provided to the officer or Victim Services

member should be included in the narrative of the incident report.

418.3.4 EVIDENCE COLLECTION AND PHOTOGRAPHS

Evidence and digital media shall be submitted as outlined in General Order 618 (Property and

Evidence Collection Procedures).

(a) Evidence to be Collected

1. Any weapon or object used in the commission of the offense shall be seized

as evidence.

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2. Any other evidence that relates to the offense (e.g., ripped clothing, soiled

clothing, broken phone) should be seized and photographed as appropriate. For

additional guidance, contact an on-duty supervisor.

(b) Photographs

1. Digital photographs should be taken of:

(a) All visible injuries on the victims and suspects, regardless of severity.

1. All victims and suspects shall receive proper medical care prior to

being photographed, if needed or desired.

2. Photographs should include, but are not limited to:

(a) Full body;

(b) Close up of face;

(d) Area of body surrounding injury;

(e) Body part used as a weapon.

3. Victims whose injuries are not visible at the time of the incident shall

be advised to contact the Investigative Unit in the event they become

visible. An investigator may be assigned to ensure the injuries are

photographed during the course of preparing the case for court.

(b) The overall scene if there was a struggle or damage to property.

2. If possible, the clarity/quality of photographs should be confirmed prior to

clearing a scene.

418.4 EMERGENCY PROTECTIVE ORDERS

Officers shall offer all victims of family violence the opportunity to file an EPO.

(a) Officers shall file a motion for an EPO on the victim's behalf in all felony family violence

arrests, including felony enhancements.

(b) Officers shall file a motion for an EPO on the victim's behalf in all other family violence

arrests when:

1. The victim wishes to have an EPO filed; or

2. The victim is unable or refuses to file and the officer has sufficient reason to

believe it is imperative to the safety of the victim to file an EPO.

on a motion for an EPO and included in the incident report.

(d) Completed motions shall be turned in at Arrest Review.

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418.5 CIVIL STANDBY

Officers may respond to a call for service where a complainant is requesting an officer to standby

while they removes some of their minor belongings from a residence. The goal of the standby

is to prevent a disturbance from occurring while the complainant takes necessary items from a

residence.

(a) When requested to conduct a standby, officers shall:

1. Check to see if the complainant has a protective order against them for

the requested address. No person, including the protected person or a law

enforcement officer, can authorize any person to violate a protective order.

2. Advise the complainant that the determination of property ownership is not the

officer's responsibility. Any contest to property ownership should be handled by

the appropriate Justice of the Peace.

3. If the person presents a Writ of Retrieval issued by a justice court, officers should

refer the person to the Sheriff's Office or Constable's Office in their respective

county (Tex. Prop. Code Sec. 24A.001).

(b) The incident may be cleared as a civil issue without an incident report as long as no

disturbance occurs, or there is no alleged violation of court order. However:

1. Officers are encouraged to include notes in the call log summarizing the incident

and whether the complainant needs to return for more belongings.

2. Officers shall complete an incident report if a disturbance occurs.

418.6 REPORTING GUIDELINES

(a) A written report shall be completed on all incidents involving:

1. Family disturbances and dating disturbances.

2. Family violence and dating violence allegations.

3. Any complaint of unreasonable discipline against a juvenile, regardless of

whether an arrest is made.

418.6.1 USE OF PROPER TITLE CODES

When initiating an incident report, the use of proper title codes is critical to ensure proper report

routing.

(a) When no offense has been committed, the following title codes shall be used:

1. Dating Disturbance (2400) - When the incident involves a dating disturbance or

dating violence incident.

2. Family Disturbance (3400) - When the incident involves a family disturbance or

family violence incident.

3. Family Disturbance/Parental (3458) - When the incident involves a parent/

guardian and child under 17.

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(b) When a family violence related offense is alleged or found to have been committed,

the following title codes shall be used:

1. Assault W/Injury Fam/Dating Violence (0900-1).

2. Assault by Threat Fam/Dating Violence (0901-1).

3. Assault by Contact Fam/Dating Violence (0902-1).

4. Agg Assault Fam/Dating Violence (0402-1).

5. Agg Aslt Strangle/Suffocate - FV (0410-1).

6. Agg Aslt Enhancement Strangle/Suffocate - FV (0411-1) - When an assault

involving strangulation/suffocation is enhanced due to an eligible prior

conviction.

7. Continuous Violence Against Family (4030-1).

8. Felony Enhancement Assault with Injury - FV (0909-0) - When a misdemeanor

assault is enhanced due to an eligible prior conviction.

418.6.2 REQUIRED INFORMATION

Officers shall document the following information in an incident report:

(a) Specific facts that lead to the probable cause for an arrest, including a detailed

description of injuries sustained and threats made by the victim and/or suspect.

(b) Information supporting, and the name of the supervisor approving, a decision to:

1. Not make an arrest when a suspect is on-scene of a family violence incident; or

2. Make multiple arrests in a family violence incident.

includes the child's full name, date of birth, race, and sex in the "Persons" section of

the incident report.

1. List as witness if the child was present in the household during the disturbance.

2. List as observed/seen if the child was not present in the household during the

incident of family violence.

(d) Whether a motion for an EPO is being filed and the reason why, including why the

suspect is believed to be a further danger to the victim upon release from jail.

(e) The CPS Call ID number in the event a CPS notification is made as outlined in this

order.

(f) A description of any evidence seized or photographs taken.

(g) Names of EMS and/or AFD personnel on scene that cares for any person, if applicable.

(h) Name of any medical facility that any person is transported to, if applicable.

418.6.3 FOSTER HOME LOCATIONS

In addition to the required incident report, an officer who investigates a family violence incident,

or who responds to a disturbance call that may involve family violence, shall make an oral or

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electronic report to the Department of Family and Protective Services within 24 hours if the location

of the incident or call, or the known address of a person involved in the incident or call, matches

the address of a current licensed foster home or a verified agency foster home as listed in the

Texas Crime Information Center (Tex. Code of Crim. Pro. art. 5.05(a-1)).

418.7 SUPERVISOR RESPONSIBILITIES

Supervisors shall:

(a) Contact the Domestic Violence Unit when:

1. Serious or life-threatening injuries are sustained, regardless of whether an arrest

is made.

2. A crime scene is complex and may require a response and/or the assistance of

a unit detective (ex. search warrant, high profile cases, etc.).

3. Any family violence incident involving a barricaded subject where SWAT is

responding.

(b) Contact the appropriate Investigative Unit when there is an arrest situation involving

a juvenile victim 14 years of age or younger.

1. Multiple arrest situations when the primary aggressor cannot be determined; or

2. No arrest is made at the scene; or

3. Assault by contact or assault by threat arrests from inside a residence.

(d) Provide guidance to responding officers on procedural/general order questions that

may surface during an on-scene investigation. The Domestic Violence Unit on-call

investigator shall not be utilized for this purpose (ex. elements for an offense, authority

to arrest, what title code to use, etc.).

(e) Review family disturbance and dating disturbance reports to ensure the reports do not

meet the qualifications of a criminal offense and clear said reports administratively.

Should a criminal offense be reported, supervisors shall ensure the correct title code

is added and the report is routed to the appropriate Investigative Unit.

Notification simply due to a felony offense occurring or a felony arrest being made is not

required. Should an officer or supervisor determine or feel that a notification to the Domestic

Violence Unit in these situations is necessary, such notification should be made via email at

[email protected].

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Protective Orders

419.1 PURPOSE AND SCOPE

Victims of family violence are entitled by law to protection from harm or abuse and the threat of

harm or abuse. Various types of orders may be issued by various courts in family violence cases.

419.2 PROTECTIVE ORDERS AND BOND CONDITIONS

(a) Protective orders and bond conditions set by a court may prohibit a person found to

have committed family violence from (Tex. Fam. Code 85.022):

1. Committing family violence.

2. Communicating:

(a) Directly with the protected person or a member of the family or household

in a threatening or harassing manner;

(b) A threat through any person to the protected person or a member of the

family or household;

the party's attorney or a person appointed by the court.

3. Going to or near the residence, place of employment or business of the protected

or a member of the family or household of the protected person.

4. Going to or near the residence, child care facility, or school of a child protected

under the order where the child normally attends or in which the child normally

resides.

5. Engaging in conduct directed specifically toward the protected person or a

member of the family or household, including following the person, that is

reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the

person.

6. Possessing a firearm unless the person is a peace officer, as defined by Penal

Code 1.07, actively engaged in employment as a sworn, full-time paid employee

of a state agency or political division.

419.2.1 EMERGENCY PROTECTIVE ORDERS

A magistrate may issue an emergency protective order (EPO) against a defendant at the

defendant's initial appearance before the magistrate, if the defendant is under arrest for family

violence, sexual assault, aggravated sexual assault, trafficking, continuous trafficking, or stalking.

The order may be issued on the magistrate's own motion, or on request of the victim, the guardian

of the victim, a peace officer, or the attorney representing the State (Tex. Code of Crim. Proc.

art 17.292).

(a) An EPO shall be entered into TLETS within 3 business days of receipt from the court.

(b) An EPO may be effective for a period:

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1. Between 31-61 days; or

2. Between 61-91 days if the suspect used or exhibited a deadly weapon during

the assault.

(d) EPO's for victims of family violence shall be filed by officers as outlined in General

Order 418 (Family Violence).

419.2.2 TEMPORARY EX-PARTE ORDERS

Temporary ex-parte orders are issued by the court when the court finds there is a clear and present

danger of family violence contained in the application for a protective order. The court, without

further notice to the individual alleged to have committed family violence and without a hearing,

may enter a temporary ex-parte order for the protection of the applicant or any other member of

the family or household of the applicant (Tex. Fam. Code § 83.001).

(a) Temporary ex-parte orders may be effective for a period not to exceed 20 days.

(b) A violation of a temporary ex-parte order is included in Penal Code § 25.07 but only

after it has been served to the person named in the order.

419.2.3 FINAL PROTECTIVE ORDERS

A final protective order is designed to protect victims of violence by stopping violent and harassing

behavior for a longer period of time (Tex. Fam. Code § 85.021).

(a) Final protective orders issued by a court may be effective for the following time periods:

1. A period not to exceed two years; or

2. If a period is not stated in the order, until the second anniversary of the date the

order was issued; or

3. If the respondent is in prison on the date the protective order is set to expire,

the expiration date is extended for one year from the date the respondent is

released.

(b) A violation of a final protective order is included in Penal Code § 25.07.

419.2.4 BOND CONDITIONS

Judges and magistrates can attach conditions to a bond set in a family violence case preventing

certain actions. A violation of a bond condition is included in Penal Code § 25.07.

419.3 ENFORCEMENT PROCEDURES

Court orders that are enforceable by law enforcement are

(a) Emergency protective orders.

(b) Final protective orders.

order.

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(d) Certain bond conditions.

(e) Valid out-of-state and tribal court protective orders (Tex. Fam. Code § 88.004).

419.3.1 VERIFICATION OF ORDER

Whenever a complainant advises of the existence of a protective order, officers shall immediately

attempt to determine the following:

(a) If a protective order exists through the following means:

1. The complainant has a certified or official court copy of a protective order in their

possession.

2. A protective order is on file via NCIC, TCIC, or APD Central Records. Temporary

ex-parte orders are not entered into TCIC or NCIC and can only be verified by

checking through APD Central Records.

(b) If the protective order is valid by checking the termination or expiration date of the

order, or whether the order has been vacated by the court.

1. Temporary ex-parte orders must have been served prior to enforcement action

in order for them to be valid. Service of temporary ex-parte orders can only be

verified by checking through APD Central Records.

1. The terms of the protective order; and

2. The location of the protected address.

(a) Some orders specify the applicant's county of residence rather than

a specific street address. This attempt by the court to further protect

the applicant does not invalidate the order's protection of the residence

address. In these cases, if a residence appears to be the applicant's home,

it shall be considered the protected address and the order will be enforced

accordingly.

(d) Determining the validity of a court order, particularly an order from another jurisdiction,

can be challenging. Therefore, in determining whether there is probable cause to

make an arrest for a violation of any court order, officers should utilize all reasonably

available resources to confirm the validity of the order.

419.3.2 ARREST GUIDELINES

Officers must carefully read a protective order prior to taking enforcement action to verify the

details of the prohibited conduct and that the order is still in effect.

(a) No person can grant the subject of a protective order permission to violate any tenet

of the order, including a law enforcement officer or the victim.

(b) The protected person cannot be arrested for personally violating any tenet of the order.

apply:

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1. An arrest shall be made when an officer witnesses a violation of any enforceable

court order. (Tex. Court of Crim. Proc. art. 14.03(b)).

2. An arrest should be made when an officer has probable cause to believe a

violation of any enforceable court order has been committed (Tex. Code of Crim.

Proc. art. 14.03(a)(3)).

(d) In the event the suspect is no longer at the scene, officers shall document the incident

in a report for follow-up investigation.

419.3.3 WHEN ORDER IS NOT VERIFIABLE

If the victim is not in possession of the protective order and/or for any reason the officer cannot

verify the validity of the order, the following action shall be taken:

(a) Write a report and give the report number to the victim.

(b) Inform the victim of how to contact the appropriate Investigative Unit for further action.

419.4 REPORTING

When officers investigate a family disturbance or similar incident and are informed that any person

has violated a protective order, officers shall initiate an incident report regardless of whether an

arrest is made.

(a) Officers shall use the appropriate title code to the incident report:

1. Viol of Bond Conditions (3006).

2. Viol Temp Ex Parte Order (3007).

3. Viol of Emerg Protective Order (3008).

4. Viol of Protective Order (3009).

5. Viol PO / Sexual Assault Victim (3010).

6. Viol of Court Order - Non EPO/PO (2008) - When the incident is of a civil nature

(e.g., restraining order, child custody).

(b) Officers should document the identifying information of the protective order (e.g., order

number, effective dates, judge's name) in the narrative.

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Sexual Assault

420.1 PURPOSE AND SCOPE

This order will establish a procedure by which officers shall investigate and report sexual assault

related crimes.

420.2 INVESTIGATION CONSIDERATIONS

420.2.1 INITIAL INTERVIEW WITH THE VICTIM

Officers shall adhere to the following guidelines when conducting an initial interview of a victim

involved in a sexual assault.

(a) The physical well-being of the victim takes precedence in the initial response by

officers. If the victim requires medical attention, the officer will summon EMS to the

scene.

(b) Officers shall contact a Victim Services Unit.

that the victim has experienced a traumatic event.

1. Officers should make every attempt to maintain the victim's privacy and protect

the integrity of the investigation.

2. Officers should not interview a victim 12 years of age or younger; these

interviews shall be done by an investigator from the appropriate Investigative

Unit. However, if the victim made an "outcry" statement to an adult, the officer

should identify and interview the adult, if possible.

3. Officers will not ask a victim if they want to prosecute (the suspect / crime); this

inquiry is premature.

(d) Officers shall provide the victim with the information outlined in this order on the SAFE

(Sexual Assault Forensic Exam). If the victim consents to the exam, approval shall be

at the discretion of the Sex Crimes investigator.

(e) Once a sexual assault or attempted sexual assault has been reported and one or more

of the following have been identified:

1. There is a crime scene

2. A suspect is detained and/or

3. The victim has agreed to a SAFE

Officers shall contact the on-call Sex Crimes Investigator and fully brief them on the incident. The

investigator will determine if there is a need to respond to the scene.

(f) Officers should contact a Crime Scene Unit when a crime scene or evidence is present.

Officers should be mindful that there are multiple crime scenes in a majority of sexual

assaults; the victim, the suspect and the actual scene itself.

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420.2.2 INVESTIGATIVE UNIT RESPONSIBILITY

When conducting a preliminary investigation of an alleged sexual assault, officers shall contact

the appropriate Investigative Unit for assistance:

(a) Child Abuse Unit - If the victim is 16 years of age or younger.

(b) Sex Crimes Unit - If the victim is 17 years of age or older.

420.3 SEXUAL ASSAULT FORENSIC MEDICAL EXAM INFORMATION

(a) Officers will explain the following information to the victim concerning the Sexual

Assault Forensic Examination (SAFE) to allow them to make an informed decision

about having the exam conducted.

1. A SAFE is not mandatory, but is strongly recommended.

2. The SAFE provides medical attention necessary for emergency and

preventative treatment. Additionally, the examination allows for the collection

and documentation of valuable forensic evidence.

3. Charges for the SAFE shall be paid for by the City of Austin and not billed to the

victim. However, all other charges shall be the responsibility of the victim.

4. Officers should suggest that victims bring a change of clothing to the hospital

if they are wearing the clothing they had on during the assault. Officers should

explain that the clothing worn during the assault will be collected by the nurse

for evidentiary purposes.

5. Whether or not a victim has bathed, showered, or douched does not preclude

the exam from being conducted.

6. If the victim needs to urinate prior to the start of the SAFE, officers should obtain

a sterile container from hospital personnel and give it to the victim so the victim's

urine can be collected and preserved as evidence.

(b) Officers should determine if the victim, a person authorized to act on behalf of the

victim or an employee of the Department of Family and Protective Services, will

consent to the forensic examination, as appropriate (Tex. Code of Crim. Pro. art.

56.06). If the consent is given, officers shall request authorization from the appropriate

Investigative Unit.

However, if a sexual assault is not reported within 120 hours, the Investigative Unit

may still authorize a forensic medical examination.

(d) The detective that authorizes a SAFE exam will need to ensure a SAFE form is

completed and sent to the appropriate medical facility administering the SAFE. After

officers receive a sexual assault kit from a medical facility, the lead Investigator will

need to update Track-Kit to show the kit is in the Department's possession.

420.3.1 PREFERRED HOSPITAL FOR FORENSIC EXAM

The gender and age of the victim shall determine the preferred hospital for the examination.

However, the victim may choose a particular hospital as long as it is within the city limits of Austin.

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(a) The preferred hospitals are:

1. St. David's Hospital

(a) Any adult victim.

(b) Males who are 12 and older.

2. Dell Children's Hospital:

(a) Males under the age of 12.

(b) Females who have not started their menstrual cycle.

(b) The charge nurse at St. David's Hospital will be given the incident number upon arrival.

This is to ensure the SANE (Sexual Assault Nurse Examiner) is contacted and can

respond to the hospital in a timely manner.

420.3.2 CLOTHING COLLECTION AS FORENSIC EVIDENCE

(a) Officers should attempt to gather clothing worn by victims during the time the sexual

assault occurred for evidentiary purposes when victims do not consent to a forensic

exam or are no longer wearing the clothing they were wearing at the time the sexual

assault occurred.

(b) Proper handling of evidence can be found in General Order 618 (Property and

Evidence Collection Procedures).

420.3.3 SUBMITTING SEXUAL ASSAULT EVIDENCE

The Austin Police Department began utilizing the Track-Kit System in September 2019. The

Texas Department of Public Safety (DPS) is required to maintain and track cases involving Sexual

Assault Offenses. All law enforcement agencies are required to update and track the status of

sexual assault evidence. Participation in the tracking system is required for any entity that collects

evidence of sexual assaults, or other sex offenses or investigates or prosecutes such offenses.

Texas Government Code 420.042 requires that all SAFE kits for active cases be submitted to an

accredited crime lab for analysis not later than the 30th day after the date on which that evidence

was received. If the lead detective does not submit evidence of a sexual assault to the lab

within the 30 days, the lead investigator will provide to DPS written documentation with a detailed

explanation for the failure to comply. Written documentation must be submitted to DPS on or

before the 30th day after the date on which APD discovered the evidence was not submitted.

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Elder Abuse

422.1 PURPOSE AND SCOPE

The purpose of this order is to provide members of this department with direction and

understanding of their role in the prevention, detection and intervention in incidents of elder abuse.

It is the order of the Austin Police Department to treat reports of violence against elderly persons as

a high priority criminal activity that is to be fully investigated regardless of the relationship between

the victim and the suspect(s) (Tex. Hum. Res. Code § 40.0527).

422.2 DEFINITIONS

For purposes of this order, the following definitions are provided (Tex. Hum. Res. Code § 48.002).

Dependent Adult - A person with a mental, physical or developmental disability that substantially

impairs the person's ability to provide adequately for the person's own care or protection, and who

is 18 years of age or older.

Elder - Any person 65 years of age or older.

Abuse -

(a) The negligent or willful infliction of injury, unreasonable confinement, intimidation or

cruel punishment with resulting physical or emotional harm or pain to an elderly or

disabled person by the person's caretaker, family member or other individual who has

an ongoing relationship with the person.

(b) Sexual abuse of an elderly or disabled person, including any involuntary or non-

consensual sexual conduct that would constitute an offense under Section 21.08,

Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses),

committed by the person's caretaker, family member, or other individual who has an

ongoing relationship with the person.

Exploitation -The illegal or improper act or process of a caretaker, family member or other

individual who has an ongoing relationship with the elderly or disabled person, using the resources

of an elderly or disabled person for monetary or personal benefit, profit or gain without the informed

consent of the elderly or disabled person.

Protective Services Agency - A public or private agency, corporation, board or organization

that provides protective services to elderly or disabled persons in the state of abuse, neglect or

exploitation.

Neglect - The failure to provide for one's self the goods or services, including medical services,

which are necessary to avoid physical or emotional harm or pain, or the failure of a caretaker to

provide such goods or services.

422.3 MANDATORY REPORTING REQUIREMENTS

The Austin Police Department is considered a mandated reporter. If during the course of an

investigation an officer has cause to believe that the elderly or disabled person has been abused,

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neglected or exploited by another person in a manner that constitutes a criminal offense under

any law, the officer shall take a report and notify the appropriate state agency (Tex. Hum. Res.

Code § 48.051).

422.4 OFFICER'S RESPONSE

All incidents involving actual or suspected elder and dependent abuse shall be fully investigated

and appropriately documented.

422.4.1 INITIAL RESPONSE

Officers may be called upon to make a forced entry as the first responders to the scene of a

suspected elder abuse case. Entry should be immediate when it appears reasonably necessary to

protect life or property. When the need for an emergency entry is not evident, officers should seek

supervisory approval. Officers must be prepared to provide emergency care pending the arrival

of medical personnel, if medical personnel not already present.

422.4.2 STABILIZE THE SITUATION

Officers must quickly assess the situation to ensure the immediate safety of all persons. Officers

shall also consider the following:

(a) Attempt to identify the victim, suspect and witnesses as well as the roles and

relationships of all parties. Parties should be interviewed separately when possible.

Frequently it is wrongfully assumed that elderly persons are incapable of accurately

reporting the incident. Do not automatically discount the statement of an elderly

person.

(b) Preserve the crime scene where evidence may be present. All persons should

be removed from the scene until it has been photographed and processed. Any

evidence that may change in appearance, such as injuries, should be photographed

immediately.

information to determine the type(s) of abuse that may have taken place or the

potential for abuse in the future that may be eliminated by law enforcement

intervention.

(d) Make on-scene arrests when appropriate. Immediate arrest of an abuser (especially

when the abuser is a family member or caretaker) may leave the elderly victim without

necessary support and could result in institutionalization. The effect of an arrest on the

victim should be considered and weighed against the assessed risk and the competent

victim's desires. The present and future safety of the victim is of utmost importance.

422.4.3 SUPPORT PERSONNEL

The following person(s) should be considered if it appears an in-depth investigation is appropriate:

(a) Patrol supervisor.

(b) Investigative personnel.

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(d) APD Victim Services.

(e) Adult Protective Services.

422.4.4 PROTECTIVE ORDERS AND EMERGENCY PROTECTIVE ORDERS

In any situation which an officer reasonably believes that an elder or dependent adult is in

immediate and present danger of abuse based on an allegation of a recent incident of abuse or

threat of abuse (other than financial abuse alone), the officer may contact Adult Protective Services

and request that they obtain a protective order against the person alleged to have committed or

threatened such abuse if that person is not in custody.

Refer to General Order 418 (Family Violence) for guidelines on filing an EPO on any incident

where a suspect is arrested and it is clear there has been family violence against an elder or

dependent adult.

422.5 ELDER ABUSE REPORTING

Every allegation of elder abuse shall be documented. When documenting elder/dependent abuse

cases, the following information should be included in the report:

•

Current location of the victim

•

Victim's condition/nature and extent of injuries, neglect or loss

•

Names of agencies and personnel requested and on-scene

•

Any information that indicates a victim or critical witness may suffer from a health

condition that may warrant an expedited investigation/prosecution or the preservation

of testimony under Tex. Code of Crim. Pro. art. 39.025

Reporting of cases of elder/dependent abuse is confidential and will only be released in

accordance with General Order 116 (Security and Release of Records and Information).

422.6 ELDER ABUSE IN A CARE FACILITY

Officers investigating allegations relating to the abuse, neglect or exploitation of an elderly or

disabled person in a care facility or under the care of a facility shall notify the Texas Department

of Health regardless of whether a crime report was taken (25 Tex. Admin. Code § 1.205).

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Child Abuse

424.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines and procedures for reports of suspected child

abuse and the taking of minors into protective custody.

424.2 DEFINITIONS

For purposes of this section the following definitions are provided:

Child - A person who is under 18 years of age (Tex. Fam. Code § 101.003).

Abuse - Includes the following acts or omissions by a person (Tex. Fam. Code § 261.001):

(a) Mental or emotional injury to a child that results in an observable and material

impairment in the child's growth, development or psychological functioning.

(b) Causing or permitting the child to be in a situation in which the child sustains a mental

or emotional injury that results in an observable and material impairment in the child's

growth, development or psychological functioning.

of substantial harm from physical injury to the child, including an injury that is at

variance with the history or explanation, given and excluding an accident or reasonable

discipline by a parent, guardian or managing or possessory conservator, that does not

expose the child to a substantial risk of harm.

(d) Failure to make a reasonable effort to prevent an action by another person that causes

physical injury that results in substantial harm to the child.

(e) Sexual conduct harmful to a child's mental, emotional or physical welfare, including

conduct that constitutes the offense of continuous sexual abuse of a young child or

children under Tex. Penal Code § 21.02, indecency with a child under Tex. Penal

Code § 21.11, sexual assault under Tex. Penal Code § 22.011 or aggravated sexual

assault under Tex. Penal Code § 22.021.

(f) Failure to make a reasonable effort to prevent sexual conduct harmful to a child.

(g) Compelling or encouraging a child to engage in sexual conduct as defined by Tex.

Penal Code § 43.01.

(h) Causing, permitting, encouraging, engaging in or allowing the photographing, filming

or depicting of the child if the person knew or should have known that the resulting

photograph, film or depiction of the child is obscene as defined by Tex. Penal Code

§ 43.21 or pornographic.

(i) The current use by a person of a controlled substance as defined by Tex. Health and

Safety Code Chapter 481, in a manner or to the extent that the use results in physical,

mental or emotional injury to a child.

(j) Causing, expressly permitting or encouraging a child to use a controlled substance

as defined by Tex. Health and Safety Code Chapter 481, or causing, permitting,

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encouraging, engaging in or allowing a sexual performance by a child as defined by

Tex. Penal Code § 43.25.

424.3 MANDATORY NOTIFICATION

When this department receives a report of abuse occurring at the facilities listed below, notification

shall be made promptly to the licensing office with jurisdiction over the facility.

(a) A state operated, licensed or certified facility (Tex. Fam. Code § 261.103).

(b) A report of the death of a child who was, at the time of death, living at, enrolled in

or regularly attending a facility licensed by the state to care for children, unless the

circumstances of the child's death are clearly unrelated to the child's care at the facility.

Additionally, an immediate notification is required to the appropriate licensing agency if the

suspected child abuse occurs while the child is being cared for in a child-day care facility, involves

a child-day care licensed staff person or occurs while the child is under the supervision of a

community care facility licensee or staff person.

424.4 FAMILY VIOLENCE RELATED CHILD ABUSE

Officers should follow the guidelines outlined in General Order 418 (Family Violence) on the proper

investigation and notification procedures for allegations of child abuse and/or excessive discipline.

424.5 SEXUAL ASSAULT RELATED CHILD ABUSE

Officers should follow the guidelines outlined in General Order 420 (Sexual Assault) on the proper

investigation and notification procedures for sexual assaults involving children.

424.6 TAKING POSSESSION OF A CHILD IN EMERGENCY OR OTHER SITUATIONS

If there is no time to obtain a court order, a child may be taken into protective custody if an officer

determines emergency circumstances described by Tex. Fam. Code § 262.104 exist.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking

a child into protective custody, and articulate the facts indicating why an immediate danger to the

child may exist. If prior notification is not practicable, officers should contact a supervisor promptly

after taking a child into protective custody.

Prior to taking a child into protective custody, the officer should take reasonable steps to deliver

the child to another qualified parent or legal guardian unless it reasonably appears that the release

would endanger the minor or result in abduction. If this is not a reasonable option, the officer shall

ensure the minor is delivered to the appropriate child welfare authority.

An officer may take possession of a child without a court order on the voluntary delivery of the child

by the parent, managing conservator, possessory conservator, guardian, caretaker or custodian

who is presently entitled to possession of the child (Tex. Fam. Code § 262.004). The officer should

contact a supervisor as soon as practicable upon taking possession of a child under this authority.

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An officer may take possession of a child when, during a criminal investigation relating to the

child's custody, the officer believes that someone may flee or conceal that child (Tex. Fam. Code,

§ 262.007). The officer should contact a supervisor as soon as practicable upon taking possession

of a child under this authority.

Supervisors who have been made aware that a child has been taken into an officer's possession

should make reasonable inquiries to ensure the possession is lawful and that the Department of

Family and Protective Services (DFPS) will be contacted when appropriate.

424.7 CHILD SAFETY CHECK ALERT LIST

The Texas Department of Public Safety has created a Child Safety Check Alert List as part of the

Texas Crime Information Center to help locate a family for purposes of investigating a report of

child abuse or neglect (Tex. Fam. Code § 261.3022 (a)).

If an officer encounters a person, including a child, listed on the Texas Crime Information Center's

child safety alert list, they shall request information from the person or the child regarding the

child's well-being and current residence (Tex. Fam. Code §261.3023 (a)).

The officer should investigate as to whether it is appropriate to take possession of the child without

a court order under Tex. Fam. Code § 262.104 and General Order 424.6 above.

The officer should inform a supervisor as soon as practicable when a child on the Texas

Crime Information Center's Child Safety Check Alert List is located. The circumstances shall be

documented in an appropriate report. The officer shall contact the Texas Crime Information Center

and advise that the child has been located and shall provide the case number related to the

incident.

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Missing Persons

425.1 PURPOSE AND SCOPE

This order describes the procedure for acceptance, reporting, documenting and investigating

missing persons. State law, as well as federal law under 42 USC 5779(a), specify certain

requirements relating to missing persons (Tex. Code of Crim. Pro. art. 63.002 et. seq).

425.1.1 DEFINITIONS

For purposes of this section the following definitions are provided (Tex. Code of Crim. Pro. art.

63.001):

Missing Person - A person 18 years of age or older who cannot be located and the circumstances

surrounding the disappearance are unknown.

Child - A person under 18 years of age (For purposes of federal law, a child is considered any

person under 21 years of age).

Missing Child - A child whose whereabouts are unknown to the child's legal custodian, the

circumstances of which indicate that:

(a) The child did not voluntarily leave the care and control of the custodian, and the taking

of the child was not authorized by law.

(b) The child voluntarily left the care and control of their legal custodian without the

custodian's consent and without intent to return (e.g., runaway).

of, or access to, the child (e.g., Interference with Child Custody, Enticing a Child,

Harboring a Runaway).

High-Risk Missing Person - A person who is missing (Tex. Code of Crim. Pro. art. 63.051(5)):

(a) As a result of an abduction by a stranger; or

(b) Under suspicious or unknown circumstances; or

(d) Less than 30 days if there is reason to believe that the child or person is in danger

of injury or death; or

(e) A child who (Tex. Code of Crim. Pro. art. 63.0091):

1. had been reported missing on four or more occasions in the 24-month period

preceding the date of the current report; or

2. is in foster care or in the conservatorship of the Department of Family and

Protective Services and had been reported missing on two or more occasions

in the 24-month period preceding the date of the current report; or

3. is under 14 years of age and otherwise determined to be at a high risk of human

trafficking, sexual assault, exploitation, abuse or neglectful supervision; or

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4. investigators have determined to be high-risk based on other factors or

evidence.

(f) Regardless of age, is believed or determined to be experiencing one or more of the

following circumstances:

1. Out of the zone of safety for their chronological age and development stage.

2. Mentally or behaviorally disabled.

3. Any person known by the Department to have or is reported to have chronic

dementia or Alzheimer’s.

4. Drug dependent, including prescribed medication and/or illegal substances, and

the dependency is potentially life-threatening.

5. Absent from home for more than 24 hours before being reported to law

enforcement as missing.

6. In the company of others who could endanger their welfare.

7. Absent in a way that is inconsistent with established patterns of behavior and

cannot be readily explained. Most children have an established and reasonably

predictable routine.

8. Involved in a situation that would cause a reasonable person to conclude the

person should be considered at risk, or in life-threatening danger.

425.2 INVESTIGATION GUIDELINES

Upon arrival to a missing person call, officers shall:

(a) Completely identify and interview the complainant to determine the circumstances

surrounding the disappearance, along with the last person to have seen or been in

contact with the missing individual.

(b) Verify the person is missing, especially in the case of a child, by conducting a thorough

search of immediate area where the individual was last seen or known to have been.

1. Full name.

2. Date of birth.

3. Race/Sex.

4. Hair color and length.

5. Eye color.

6. Height and weight.

7. Last known clothing description.

8. Scars, body markings, or tattoos.

(d) Attempt to obtain the following items and forward them to the Missing Persons Unit:

1. A color photograph of the person.

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2. A birth certificate if the child is under 11 years of age.

(e) Identify the missing person's zone of safety to determine how far the individual could

travel from the location before they would most likely be at risk of injury or exploitation.

(f) In the case of a missing child, confirm custody status to determine possible role in the

disappearance (e.g., parental kidnap, interference with custody, enticing a child).

(g) In the case of dementia or senile patients, determine last known location that the

patient would indicate if asked by a citizen where they were living.

425.2.1 HIGH RISK CIRCUMSTANCES REQUIRING SUPERVISOR NOTIFICATION

(a) Officers will contact their supervisor if the missing individual fits any category outlined

below:

1. Aged or senile adults that require continuous supervision by a care-giver and

are not capable of being left unsupervised.

2. Aged or senile adults 65 or over with a documented mental or medical

impairment which creates a threat to personal safety.

3. Children under age 12.

4. Mentally or physically handicapped individuals whose impaired ability would

create a risk to their safety and well-being.

5. Suicidal persons who are missing after immediately taking threatening actions

against their life or making imminent threats to harm themselves.

6. Individuals with a medical condition or a need for medication, which creates a

risk to their safety and well-being.

7. If kidnapping or foul play is feared in the individual's disappearance.

(b) Supervisors will review the incident to determine if it meets the requirements for a

Public Alert and notify the appropriate Investigative Unit as outlined in this order. Final

approval for a Public Alert rests with the appropriate Investigative Unit.

activation is required to make a determination as to what type of field search effort

will be undertaken.

1. Factors to be considered are:

(a) Length of time that has passed since the disappearance.

(b) Age and mobility of the missing person.

(d) Suspicious circumstances (foul play feared).

2. Field searches that may be used include, but are not limited to:

(a) Door-to-door (foot search making contact with residents).

(b) Neighborhood canvas (larger scale foot and vehicle search).

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(d) Use of Air Support as outlined in General Order 504 (Air Operations and

Air Support).

425.2.2 ATTEMPTED CHILD ABDUCTIONS

Upon receiving a report of an attempted child abduction (Tex. Code of Crim. Proc. Art 63.0041):

(a) Officers shall immediately provide relevant information about the suspect to

Communications. Relevant information includes, but is not limited to:

1. Name, race, sex, approximate age,

2. Physical description,

3. Clothing description,

4. Physical/Mental disabilities/infirmities,

5. Unusual circumstances, and

6. Vehicle information, if applicable.

(b) Communications shall ensure that entry is made into the appropriate network as soon

as practicable, but no later than 8 hours after receiving a report.

as possible.

425.3 MISSING PERSONS REPORTING

425.3.1 INCIDENT REPORT

Officers shall initiate an incident report for all individuals alleged to be missing.

(a) If the missing person does not meet one of the special circumstances listed above,

officers shall:

1. Initiate an incident report titled Request to Locate if the missing person is an

adult; and

2. Initiate an incident report titled Runaway Child if the missing person is a runaway.

(b) If the missing person does meet one of the special circumstances, officers shall initiate

an incident report with the appropriate title related to the circumstance.

425.3.2 COMMUNICATIONS NOTIFICATION

Upon receiving a report of a missing child or missing person:

(a) Officers shall provide the following information to Communications:

1. Name, race, sex, date of birth; and

2. Physical description; and

3. Clothing description; and

4. Physical/Mental disabilities/infirmities; and

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5. Unusual circumstances; and

6. Vehicle information, if applicable.

(b) Communications shall ensure that entries are made into the appropriate missing

person networks:

1. Immediately, when the missing person is determined to be a high-risk missing

person; or

2. As soon as practicable, but not later than two hours from the time of the initial

report.

Missing Persons Clearinghouse.

425.4 MISSING PERSONS LOCATED

A missing persons investigation may be concluded when the missing person is located or when

another agency accepts the case and formally assumes the investigative responsibilities.

(a) Runaways

1. Refer to General Order 317.3.1.c (Handling Juveniles) on how to properly

recover juvenile runaways.

(b) All Other Missing Persons

1. Officers that locate all other missing persons or respond to the scene of a located

missing person shall immediately notify Communications and advise them to

cancel any BOLO, NCIC, TCIC, and the state clearinghouse (Tex. Code of Crim.

Pro. art. 63.009(f)).

(a) If the person recovered is 18 years of age or older, the officer's

responsibility is to confirm that the person is safe.

(b) Officers shall not divulge the location of a located person 18 years of age

or older if the located person requests their location not be disclosed to

anyone unless there is a court order that places that person in the care

and custody of another.

2. Officers shall document the recovery as follows:

(a) Complete a supplement to the original incident report if the missing person

originated from APD; or

(b) Complete an incident report if the missing person originated from another

agency.

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Public Alerts

426.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines for alerting the public to important information

and soliciting public aid when appropriate.

426.2 POLICY

Public alerts may be employed using the Emergency Alert System (EAS), local radio, television,

social media sites, and press organizations and other groups to notify the public of incidents,

or enlist the aid of the public, when the exchange of information may enhance the safety of the

community. Various types of alerts may be available based upon each situation and the alert

system's individual criteria.

426.3 AMBER ALERTS™

AMBER Alerts™ are used to provide a statewide system for the rapid dissemination of information

regarding abducted children.

426.3.1 AMBER ALERT™ CRITERIA

An AMBER Alert™ can only be activated by the state network and only approved by DPS if all

of the following criteria are met:

(a) There is reason to believe that a child 17 years of age or younger has been abducted.

For purposes of this section, abduction includes a child who is younger than 14 years

of age:

1. who departed willingly with someone more than three years older than the child;

2. who departed without a parent or legal guardian’s permission; and

3. the person with whom the child departed is not an immediate relative of the child,

as defined by Subchapter B, Chapter 573, Tex. Gov’t. Code;

(b) It is believed that the abducted child is in immediate danger of serious bodily injury or

death or of becoming the victim of a sexual assault;

alternative explanations for the child’s disappearance; and

(d) There is sufficient information available to disseminate to the public that could assist

in locating the child, the person suspected of abducting the child or a vehicle that may

have been used in the abduction.

426.4 BLUE ALERTS

Blue Alerts are used to provide a statewide system for the rapid dissemination of information

regarding a violent criminal who has seriously injured or killed a local, state, or federal law

enforcement officer.

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426.4.1 BLUE ALERT CRITERIA

The following criteria are utilized to determine if a Blue Alert should be issued:

(a) A law enforcement officer has been killed or seriously injured by an offender;

(b) The offender poses a serious risk or threat to the public or other law enforcement

personnel; and

for broadcast to the public.

426.5 SILVER ALERTS

Silver Alerts are used to provide a statewide system for the rapid dissemination of information

regarding a missing person who is a senior citizen and has an impaired mental condition.

426.5.1 SILVER ALERT CRITERIA

The following criteria are utilized to determine if a Silver Alert should be issued:

(a) The person reported missing is 65 years of age or older or has Alzheimer's disease;

(b) The person’s location is unknown;

family or legal guardian provides documentation of the condition;

(d) It is determined that the person’s disappearance poses a credible threat to their health

and safety;

(e) The Silver Alert request is made within 72 hours of the person’s disappearance; and

(f) There is sufficient information available to disseminate to the public that could assist

in locating the person.

426.6 ENDANGERED MISSING PERSONS ALERTS

Endangered Missing Persons Alerts are used to provide a statewide system for the rapid

dissemination of information regarding those with intellectual disabilities.

426.6.1 ENDANGERED MISSING PERSONS ALERT CRITERIA

The following criteria are utilized to determine if an Endangered Missing Persons Alert should be

issued:

(a) There is reason to believe that a person with an intellectual disability is missing and

the person’s location is unknown. For purposes of this section, a person is considered

to have an intellectual disability if:

1. the person has been evaluated by a physician or psychologist licensed in this

state, as required by Tex. Health and Safety Code § 593.005; and

2. the medical professional has determined that the person suffers from an

intellectual disability;

(b) The activating official shall obtain a written diagnosis documenting the missing

person’s intellectual disability from the treating licensed physician or psychologist;

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person's disappearance;

(d) It is believed that the person's disappearance poses a credible threat to their health

and safety; and

(e) There is sufficient information available to disseminate to the public that could assist

in locating the person.

426.7 CAMO ALERTS

Camo Alerts are used to provide a statewide system for the rapid dissemination of information

regarding a missing military member who has elected to participate in the system and who suffers

from a mental illness or a traumatic brain injury.

426.7.1 CAMO ALERT CRITERIA

The following criteria are utilized to determine if a Camo Alert should be issued:

(a) The person has been reported missing to the Department and an employee has

verified:

1. The person is a current or former military member and is a participant in the

Camo Alert System;

2. The person’s location is unknown; and

3. The person suffers from a mental illness, including post-traumatic stress disorder

(PTSD), or a traumatic brain injury. When practicable, the officer receiving the

report should request documentation regarding the person’s illness or injury; and

(b) There is reason to believe that the person’s disappearance poses a credible threat to

the person’s health and safety, or to the health and safety of another.

426.8 CLEAR ALERTS

Missing Adult Alerts are used to provide a statewide system for the rapid dissemination of

information regarding a missing adult who is younger than age 65. This alert is titled the CLEAR

Alert System (Coordinated Law Enforcement Adult Rescue Alert).

426.8.1 CLEAR ALERT CRITERIA

The following criteria are utilized to determine if a Missing Adult Alert should be issued:

(a) The person reported missing is between 18 and 64 years of age;

(b) The adult’s location is unknown;

(d) A preliminary investigation determines:

1. The adult is in imminent danger of bodily injury or death; or

2. The disappearance of the missing adult may not have been voluntary, including

cases of abduction or kidnapping; and

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(e) There is sufficient information available to disseminate to the public that could assist

in locating the person or a vehicle suspected of being related to the disappearance

of the person.

426.9 ALERT PROCEDURES

In the event a confirmed missing person meets the criteria for an alert, the following procedures

shall be followed:

(a) Officers shall notify their immediate supervisor.

(b) Supervisors shall notify the investigative unit to request an alert system activation.

1. AMBER™, Blue, Silver, Endangered Missing Persons Alerts, and CLEAR Alerts

are assigned to the Missing Persons Unit.

2. Camo Alerts are assigned to the Crisis Intervention Unit.

1. Submit the completed request form to the State Operations Center (SOC);

2. Include required documentation;

3. Email photographs of the missing person, suspect, and/or vehicles, if available,

to the SOC;

4. Confirm the form and any sent emails were received by the SOC;

5. Ensure that appropriate entries are made in the TCIC and NCIC databases;

6. Notify the Public Information Office (PIO);

7. Ensure a press release is prepared by PIO or the investigative unit as soon as

practicable to include:

(a) The person's identity, age, and description;

(b) Photograph, if available;

(d) Suspect information, if applicable;

(e) Details regarding location of incident, direction of travel, potential

destinations, if known;

(f) Name and phone number of the authorized media liaison; and

(g) A telephone number for the public to call with leads/information; and

8. Ensure the press release is disseminated to local law enforcement agencies,

television stations, social media sites, and radio stations.

(d) PIO or the investigative unit shall prepare follow-up press releases with updates

regarding the search and investigation, or immediately upon locating the missing

person.

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426.10 EXTENSION OF ALERT

If it is determined an extension beyond the initial 24 hours is needed, the Investigative Unit

supervisor should contact the State Operations Center during the 23 hour reminder.

426.11 TERMINATION OF ALERT

An Alert system activation should be terminated with respect to a particular missing person if:

(a) AMBER and EndangeredMissing Person Alert:

1. The abducted child or missing person is recovered or the situation is otherwise

resolved; or

2. The director determines that the alert system is no longer an effective tool for

locating and recovering the abducted child or missing person.

(b) Blue Alert:

1. The missing suspect is apprehended;

2. The department receives evidence the missing suspect has left this state; or

3. The department determines the alert system will no longer aid in the

apprehension of the missing suspect.

1. The missing person is located or the situation is otherwise resolved; or

2. The notification period ends, as determined by department rule.

(d) Camo Alert:

1. The missing military member is located or the situation is otherwise resolved; or

2. The notification period ends, as determined by department rule.

(e) CLEAR Alert:

1. The missing adult is located or the situation is otherwise resolved; or

2. The notification period ends, as determined by department rule.

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Austin Police Department

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Geolocates, Pen Registers, and/or Trap and

Trace Devices

427.1 PURPOSE AND SCOPE

The Austin Police Department (APD) recognizes that both the emergency and investigative (non-

emergency) installation and use of ESN readers, pen registers, trap and trace devices, and similar

equipment (hereinafter referred to collectively as "PRTT"), as well as the location information

of mobile devices (geolocates), are extremely valuable investigative tools that are regularly and

successfully used throughout the United States by local, state, and federal law enforcement

agencies. The purpose of this policy is to comply with the minimum standards of the Texas Code

of Criminal Procedure (CCP) Article (Art) 18B.251, designating the APD as a “Designated Law

Enforcement Office or Agency” (DLEA). Moreover, this policy advances the APD's basic goal: to

protect life, property, and to preserve the peace in a manner consistent with the freedoms secured

by the United States Constitution.

427.2 POLICY

This General Order reflects APD’s intent to require the lawful and appropriate use of pen registers

and location information to aid criminal investigations while respecting the rights and privacy of

all individuals. Conversely, this order is not intended to establish any policy or to inhibit APD

personnel who are concurrently assigned as federal task force officers from utilizing lawfully

obtained pen registers via the federal agencies to which they are assigned.

The APD shall work with the DPS to ensure compliance with all applicable laws and to ensure that

this order is approved by DPS, as required by law. APD will submit this General Order to DPS

at [email protected] for review and approval.

A list of designated officers who are thoroughly trained in use of a pen register, trap and trace

device, ESN readers, or similar equipment that combines the function of a pen register and

trap and trace device, or the ability to facilitate and gather prospective location information

(“designated officers”), shall be approved by the Chief and submitted to DPS via email at

[email protected]. The list of designated officers will include at least one supervisor

responsible for supervising the designated officers with respect to any actions they may take under

this General Order. An updated list of designated officers will be submitted to DPS via email at

[email protected] no later than January 31st of each year.

This order does not cover obtaining historical Electronic Customer Data with a search warrant or

Grand Jury subpoena.

427.3 DEFINITIONS

Appropriate Investigative Unit - The unit ultimately responsible for the investigation of the

highest applicable criminal charge in an incident (e.g., Region Detectives for Terroristic Threat;

Robbery for Robberies, etc.)

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CALEA – Communications Assistance for Law Enforcement Act intended to preserve the ability

of law enforcement agencies to conduct electronic surveillance while protecting the privacy of

information outside the scope of the investigation.

Designated Officer - For the purposes of this section, a Designated Officer is an APD Officer

of any rank who has completed the statutory 24 hours of kidnapping training and is authorized

in writing by the Austin Police Department Chief of Police as well as the Travis County District

Attorney as having the authority to declare exigent circumstances for the purposes of pinging a

mobile phone without a search warrant. A list of current Designated Officers is maintained in the

Watch Commander’s Office and is available upon request.

DLEA - Designated Law Enforcement Office or Agency (DLEA), which is defined under CCP Art

18B.001 as (A) the sheriff’s department of a county with a population of 3.3 million or more; (B)

a police department in a municipality with a population of 200,000 or more; or (C) the office of

inspector general of the Texas Department of Criminal Justice.

Electronic Customer Data - as defined under CCP Art 18B.001(7), means data or records that:

(A) are in the possession, care, custody, or control of a provider of an electronic communications

service or provider of a remote computing service; and (B) contain: (i) information revealing

the identity of customers of the applicable service; (ii) information about customer’s use of the

applicable service; (iii) information that identifies the recipient or destination of a wire or electronic

communication sent to or by a customer; (iv) the content of a wire or electronic communication

sent to or by a customer: (v) any data stored with the applicable service provider by or on behalf

of a customer; or (vi) location information.

ESN reader - as defined under CCP Art 18B.001(9), means a device used to record the

electronic serial number from the data track of a wireless telephone, cellular telephone, or similar

communication device that transmits its operational status to a base site, if the device does not

intercept the contents of the communication.

Geolocate – To identify the geographical location of (a person or device) by means of digital

information processed via the internet. This term is commonly referred to as a mobile phone ping

and is sometimes performed under exigent circumstances.

Immediate life-threatening situation - as defined under CCP Art 18A.201(1), means a hostage,

barricade, or other emergency situation in which a person unlawfully and directly: (A) threatens

another with death; or (B) exposes another to a substantial risk of serious bodily injury.

Location information – as defined under CCP Article 18B.01(9-b), means data, records, or other

information that is created by or accessible to a provider of an electronic communications service

or a provider of a remote computing service and may be used to identify the geographic physical

location of a communication device, including the current, real-time, or prospective geographic

physical location of a communication device.

Pen Register – as defined under CCP Art 18B.001(10), means a device or process that records

or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or

APD General Orders Issued 7/12/2022

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facility from which a wire or electronic communication is transmitted, if the information does not

include the contents of the communication. The term does not include a device used by a provider

or customer of a wire or electronic communication service in the ordinary course of the provider’s or

customer’s business for purposes of: (A) billing or recording incident to billing for communications

services; or (B) cost accounting, security control, or other ordinary business purposes.

427.4 DLEA REQUIREMENT

At a minimum, a supervisor and the designated officers will be properly trained and knowledgeable

on the legal and technical issues regarding the following:

(a) The legal issues regarding the ability to be in possession of a pen register, trap and

trace device, ESN readers, or similar equipment that combines the function of a pen

location information under Texas and federal law.

(b) The legal issues regarding the issuance of a pen register, trap and trace device, ESN

readers, or similar equipment that combines the function of a pen register and trap

and trace device, or the ability to facilitate and gather prospective location information

under Texas and federal law.

the Austin Police Department to operate a pen register, trap and trace device, ESN

readers, or similar equipment that combines the function of a pen register and trap

and trace device, or the ability to facilitate and gather prospective location information.

(d) The legal issues regarding the improper use of a pen register, trap and trace device,

ESN readers, or similar equipment that combines the function of a pen register and trap

and trace device, or the ability to facilitate and gather prospective location information,

including possible suppression of evidence, possible revocation of authority from DPS

to operate a pen register, trap and trace device, ESN readers, or similar equipment

that combines the function of a pen register and trap and trace device, or the ability

to facilitate and gather prospective location information, in standard, non-emergency,

situations, possible civil liability, and, possible felony criminal sanctions that may be

levied against employees for the illegal/improper operation of a pen register, trap and

trace device, ESN readers, or similar equipment that combines the function of a pen

location information.

(e) The investigative use of electronic customer data.

The supervisor, or designee, will personally be present during the operation and/or will oversee

the operation of any pen register, trap and trace device, ESN readers, or similar equipment that

combines the function of a pen register and trap and trace device, or the ability to facilitate

and gather prospective location information. This includes reviewing all court orders and search

warrants to ensure that the order or search warrant is valid and ensuring that the policies and

procedures outlined here are followed by the designated officer(s).

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

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Trace Devices - 427

427.5 PROCEDURES FOR A GEOLOCATE AND/OR PRTT

Court orders authorizing a geolocate, pen register, and/or a trap/trace device are valid for no more

than 60 days after the earlier of the date the device or equipment is installed or the 10th day after

the order is entered, unless a court order authorizing an extension is obtained. The period of the

extension may not exceed 60 days for each extension granted, except that with the consent of the

subscriber or customer of the service on which the device or equipment is used, the court may

extend an order for a period not to exceed one year.

(a) A warrant must be obtained to receive cell site location data in conjunction with the

pen register. The requesting officer must obtain an application for a warrant from

a prosecutor or a prosecutor’s assistant with jurisdiction. The application must be

filed with a district judge in the applicable judicial district. Warrants issued by any

magistrate other than a district judge are not valid for operations described by this

General Order.

(b) A warrant issued for electronic customer data is valid for a period not to exceed 60

days after the date the warrant it issued, unless the prosecutor or the prosecutor’s

assistant applies for and obtains an extension of that period from the court before the

warrant expires. Each extension granted may not exceed a period 60 days.

1. Telephone numbers (originating/terminating);

2. Date and time that the call started/ended;

3. Duration of call;

4. Other numbers; and

5. Cell site locations (Only in conjunction with prospective location warrant).

Analysis of the information obtained via a pen register or a trap/trace device may assist in the

identification of the subject(s)’s associates and their addresses, as well as the days, hours, and

areas of operation of the subject(s) and/or the subject(s)’ associates.

427.5.1 INSTALLATION OF A GEOLOCATE AND/OR PRTT

If an APD officer requests installation of PRTTs, the officer or other appropriate APD personnel

shall provide the following to DPS upon request:

(a) Target telephone number and the servicing company;

(b) File number;

and/or trap/trace device was filed in a district court in the appropriate jurisdiction as

determined by CCP 18B.052 (Jurisdiction). For example, information showing that the

location of the telephone and the listed subscriber, according to telephone company

records, are in the same county or jurisdiction as the district court where the application

was filed

(d) Brief synopsis of the case and the reason for requesting the pen register and/or the

trap/trace device or attached case report;

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

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(e) Statement indicating whether a state or federal court order will be secured;

(f) Copy of the telephone company records that list all telephones subscribed to or

installed at the target location and all calling features installed on those telephones

(i.e., call forwarding, speed dialing, etc.)

(g) Copy of the signed affidavit:

(h) Copy of the signed court order authorizing the request; and

(i) Copy of a signed warrant authorizing location information.

427.5.2 EXTENSION OF A GEOLOCATE AND/OR PRTT

(a) If the case agent intends to seek a 60-day extension of the court’s authorization for

a pen register and/or a trap/trace device, the case agent will provide a copy of the

signed affidavit, application, order, and warrant authorizing the extension prior to the

expiration of the current order.

(b) The case agent will be responsible for ensuring that the telephone company or

companies are served with the extension order.

427.6 PROCEDURES FOR AN EXIGENT GEOLOCATE AND/OR PRTT

427.6.1 REQUIREMENTS FOR AN EXIGENT GEOLOCATE AND/OR PRTT

Officers requesting a geolocate and/or PRTT in emergency situations shall adhere to the following

guidelines. Request must meet all of the following requirements:

(a) An immediate threat of serious injury or loss of life of another person; and

(b) Reason to believe a criminal offense is, or will be, involved; and

(d) Belief that the phone number is subscribed to or is in possession of the suspect or

victim and/or is likely to determine the location of the suspect or victim; and

(e) Other means to locate suspect have been attempted and were unsuccessful and/or

employing other means would create a substantial risk of serious injury or loss of life

to the officer or another if attempted.

427.6.2 REQUESTING AN EXIGENT GEOLOCATE AND/OR PRTT

(a) Officers seeking to geolocate a mobile device should first determine whether the

phone can be located directly by the owner or someone else with legal standing without

the need for legal process or an exigent request.

1. Either consent is needed by the owner of the phone (or by someone with legal

standing), or the owner can attempt to locate the phone themselves through a

variety of “find my phone” apps through the internet or other mobile devices.

2. If this method is used, the officer shall document the circumstances in their report

and no other notification is needed.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Geolocates, Pen Registers, and/or Trap and Trace Devices

Published with permission by Austin Police Department

Geolocates, Pen Registers, and/or Trap and

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(b) When the owner is not available or the officer is unable to utilize this method for some

other reason, the officer shall contact their supervisor when requesting an exigent

geolocate that meets all the exigency requirements listed above.

verifying that the request meets the requirements shall choose between the following

options:

1. In almost all situations, the supervisor should directly contact the appropriate

investigative unit ultimately responsible for investigation of the incident and

follow their direction on the next steps in the process. The Watch Lieutenant

does not need to be notified.

2. In rare instances, there may be a situation in which circumstances dictate there is

no time to go through the normal notification process of the investigative unit. In

these time critical instances, the supervisor should notify the Watch Lieutenant

directly and request the geolocate.

(a) Supervisors should keep in mind that the preferred and most common

method will be to contact the appropriate investigative unit directly as they

will be following up on criminal charges and need to be included in the

process as early as possible.

(b) An example of a situation where a supervisor should circumvent this

process and contact the Watch Lieutenant directly is when there is real and

credible information that someone is going to commit an act of violence in

the very near future and an immediate geolocate is the only way to prevent

the violence from taking place. A reasonable belief must exist that waiting

for the extra step of notifying the investigative unit is likely to result in loss

of life or serious bodily injury.

(d) The Watch Lieutenant shall make the final determination if they will contact an on-call

Designated Officer, or redirect the supervisor to the appropriate investigative unit.

427.6.3 INSTALLATION AND USE OF AN EXIGENT GEOLOCATE AND/OR PRTT

(a) APD officers must be in compliance with CCP 18A Subchapter E (Emergency

Installation and Use of Interception Device) and this section of the General Order prior

to any emergency installation and use of a pen register or trap/ trace device. DLEA

status does not entitle APD or APD officers to install an emergency pen register or

trap/ trace device.

(b) Only APD Officers that have been identified as Designated Officers are permitted

to obtain geolocates and/or a pen register under either emergency or investigative

circumstances.

initiate geolocates and/or pen registers, but Designated Officers whom have promoted

to higher ranks can still obtain geolocates and/or a pen register in an emergency

situation.

(d) Geolocates and/or pen registers can utilized on a number of different electronic

communications service or providers of a remote computing services, such as cellular

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Geolocates, Pen Registers, and/or Trap and Trace Devices

Published with permission by Austin Police Department

Geolocates, Pen Registers, and/or Trap and

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telephones and other mobile communication devices, internet service providers, social

media platforms, and other internet connected services.

(e) Designated Officers whom are not assigned as a Task Force Officer to one of the

various Federal task forces, shall contact a Designated Officer on one of the task

forces prior to obtaining a court order for a pen register/trap and trace.

1. This does not apply if the Designated Officer is only seeking geolocates (location

data) through a prospective search warrant or under exigent circumstances.

(f) An officer who installs or uses a pen register or trap/ trace device in an immediate

life-threatening situation pursuant to CCP 18B.151 (Emergency Installation and Use

of Pen Register or Trap and Trace Device) shall:

1. Promptly report the installation or use of the device to the prosecutor in the

county in which the device is installed or used.

2. Within 48 hours after the installation of the device is complete or the use of

the device begins, whichever occurs first, obtain an order under CCP 18B,

Subchapter C (Order Authorizing Installation and Use of Equipment) authorizing

the installation and use of the device.

3. If an order is denied or is not issued within 48 hours, the officer shall terminate

use of and remove the pen register or trap/ trace device promptly upon the earlier

of:

(a) the denial; or

(b) the expiration of 48 hours.

427.6.4 EXECUTING AN EXIGENT GEOLOCATE AND/OR PRTT

(a) If an investigative unit is executing the geolocate and the on- call investigator who was

contacted is NOT a Designated Officer, the officer shall:

1. Contact a Designated Officer in their unit, or, if not available, any Designated

Officer from the list maintained in the Watch Commander's Office to request

formal authorization/permission to geolocate the mobile device.

2. The Designated Officer will have the final determination whether or not an

immediate life-threatening situation exists and if emergency geolocates and/or

a pen register/trap and trace will be utilized.

(a) Currently, only Designated Officers on Federal task forces will approve the

use of an emergency pen register/trap and trace.

3. If approved by the Designated Officer, work directly with the phone carrier to

request the geolocate and provide the location information to involved units until

the incident is resolved.

(b) Once approved, if necessary, the appropriate investigative unit may request

assistance from the Watch Lieutenant’s Office with completing and signing the

necessary paperwork as well as receiving and disseminating the location information

from the phone carrier to the involved units.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

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Attorney at 512-923-3782 (daytime) or 512-860-2002 (after hours). For Williamson

County and Hays County, contact their on-call Assistant District Attorney through APD

Communications.

(d) If the Watch Lieutenant agrees with the patrol supervisor that there is no time to notify

the appropriate unit, the Watch Lieutenant shall:

1. Obtain authorization/permission from any Designated Officer available to them.

For the purposes of this process, a short list of Designated Officers who have

agreed to be available for this purpose may be kept on file at the Watch

Lieutenant’s Office so that they may obtain legal authorization in an expedited

manner.

(a) The Designated Officer providing authorization/permission shall

immediately afterward, notify the on-call Assistant District Attorney at

512-923-3782 (daytime) or 512-860-2002 (after hours). For Williamson

County and Hays County, contact their on-call Assistant District Attorney

through APD Communications.

2. Request and obtain the location information from the phone carrier by using the

Watch Lieutenant’s Guide to Exigent Cell Phone (Mobile Device) Geolocates

flowchart located in the Watch Lieutenant’s Office.

3. As soon as is reasonably possible under the circumstances, notify the

appropriate investigative unit so they may take control over the cell geolocate

and overall investigation.

4. The Designated Officer shall immediately terminate the life-threatening

geolocate and/or emergency pen register/trap and trace upon the occurrence of

any of the following: if:

(a) The judge denies the request for a warrant and/or court order to continue

the life-threatening geolocate;

(b) The Designated Officer fails to obtain a warrant and/or court order within

the 48-hour period; and/or

427.6.5 DOCUMENTATION

(a) The officer originally requesting the cell phone geolocate shall ensure that a detailed

offense report outlining the facts and circumstances that gave probable cause to

geolocate the phone is completed in Versadex prior to the end of their tour of duty.

(b) Regardless of whether the geolocate is initiated by the appropriate investigative unit

or the Watch Lieutenant, the following steps shall take place:

1. The Designated Officer who authorized the geolocate shall immediately

afterward, notify the on-call Assistant District Attorney via the 24 hour on-call

number at 512-923-3782 (daytime) or 512-860-2002 (after hours).

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

Geolocates, Pen Registers, and/or Trap and

Trace Devices - 432

2. Not later than 48 hours (including weekends and holidays) after requiring

disclosure of location information without a warrant, the Designated Officer shall

obtain a warrant as required by Texas CCP Art. 18B.325 (b). The officer’s

affidavit to the judge must contain only those facts known to the Designated

Officer at the time the life-threatening geolocate was initially approved. The

affidavit and the proposed warrant must be presented to a judge with jurisdiction

regardless of whether the life-threatening geolocate is extended past the 48

hours

(a) The appropriate investigative unit shall assist the Designated Officer with

preparation of the warrant if requested by the Designated Officer.

3. Within 48 hours (including weekends and holidays) after the installation of a

pen register/trap and trace device is complete, or the use of the device begins,

whichever occurs first, the Designated Officer shall obtain an order under Texas

CCP Art. 18B Subchapter C authorizing the installation and use of the device.

The officer’s affidavit to the judge must contain only those facts known to

the Designated Officer at the time the life-threatening geolocate was initially

approved. The affidavit and the proposed warrant must be presented to a judge

with jurisdiction regardless of whether the life-threatening geolocate is extended

past the 48 hours.

4. The appropriate investigative unit shall assist the Designated Officer with

preparation of the court order if requested by the Designated Officer.

All officers of any rank who took investigative action of any kind, including but not limited to

authorizing the cell geolocate and/or executing the cell geolocate, will write a supplement to the

original report detailing their involvement in the process.

427.7 RESPONSIBILITIES

427.7.1 DETECTIVE RESPONSIBILITIES

Detectives utilizing non-exigent geolocates and/or a pen register will be responsible for the

following.

(a) Determine the pen register's cost and obtain approval from the detective's designated

supervisor for the expense prior to utilizing geolocates and/or a pen register. The cost

incurred will be expensed from the budget of the requesting detectives' unit.

(b) Verifying that the target device/account they want to obtain geolocates and/or pen

registers is the correct account and is fully identified in a manner consistent with the

type of target device/account (phone number, IMEI, IP address, User ID #, etc.).

communicated to the appropriate attorney for obtaining a pen register.

(d) Seek oversight and approval from appropriate prosecutor and/or United States

attorneys regarding the accurate and timely completion of affidavits, applications,

orders, warrants, and/or warrant returns.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

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(e) Retain copies of all affidavits, applications, orders, warrants, and/or warrant returns

in the appropriate case file.

427.7.2 SUPERVISOR RESPONSIBILITIES

(a) Sergeants supervising detectives who possess, install, monitor, operate, or obtain

geolocates and/or PRTTs will be responsible for the following:

1. Ensure personnel obtaining a PRTT have been identified by the Austin Police

Department to the Department as authorized personnel.

2. Determine whether geolocates and/or a pen register are warranted to meet the

goals of the investigation.

3. Determine whether the cost associated with geolocates and/or a pen register

are warranted.

4. Ensure detectives under their command who utilize geolocates and/or a pen

States attorneys.

5. Ensure detectives under their command who possess, install, monitor,

operate, or obtain geolocates and/or a pen register are requiring specialized

equipment and/or software seek the approval and assistance of the designated

Investigative Unit supervisor and/or designee.

6. Ensure search warrants and/or court orders authorizing the utilization of

geolocates and/or a pen registers are, whether issued by a state or federal

court, specifically name the Austin Police Department as an agency authorized

to possess, install, monitor, operate, or obtain geolocates and/or a pen register

prior to the order's transmission to the telecommunications provider.

7. Ensure the statutorily required information is listed in the search warrant and/or

court order prior to its transmission to the telecommunications provider.

8. Ensure the cost associated with the installation of the geolocates and/or pen

provider.

9. Ensure any geolocates and/or pen registers are properly documented in the

geolocates and pen register tracking database.

10. Ensure that copies of all affidavits, applications, orders, warrants, and/or warrant

returns are kept in the appropriate case file.

(b) The Investigative supervisor and/or designee will be responsible for the following:

1. Acquisition, operation, and maintenance of specialized equipment and/or

software related to the utilization of geolocates and/or pen registers.

2. Conduct all geolocates and/or pen registers requiring the use of specialized

equipment and/or software.

3. Establish and maintain protocols with required telecommunications providers

necessary for the successful receipt of pen register data.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

Geolocates, Pen Registers, and/or Trap and

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4. Ensure court orders authorizing the utilization of pen registers, whether issued

by a state or federal court, specifically name the Austin Police Department as

an agency authorized to possess, install, monitor, operate, or obtain geolocates

and/or a pen register prior to the order's transmission to the telecommunications

provider when the use of specialized equipment and/or software IS required.

5. Ensure the statutorily required information is listed in the court order prior to its

transmission to the telecommunications provider when the use of specialized

equipment and/or software IS required.

6. Ensure the cost associated with the installation of the pen register was approved

prior to the order's transmission to the telecommunication provider when the use

of specialized equipment and/or software IS required.

7. Maintain a database that documents the utilization of all geolocates and/or pen

registers. The database should contain information such as the identification

numbers of the communication device (i.e. telephone number, IMEI, IP address,

etc.) to which the pen register was installed and/or geolocates were obtained,

the dates for which the geolocates and/or pen register was active, and the cost

associated with the purchase and maintenance of the geolocates and/or pen

1. Training applicable personnel regarding:

(a) The legal requirements for obtaining a court order authorizing the use of

a pen register pursuant to state and/or federal law;

(b) The legal requirements regarding approved personnel utilization of pen

registers;

including but not limited to, criminal and civil sanctions against approved

personnel, the Austin Police Department, possible evidence suppression,

and/or the possible revocation of statutory authority to utilize geolocates

and/or pen registers.

(d) As the need arises, the Investigative Unit Supervisor will coordinate with

the APD Training Academy to host trainings which will fulfill the statutory

requirements to authorize new Designated Officers to various investigative

units throughout the Austin Police Department.

(e) It is the responsibility of the supervisor of any unit with investigatory

responsibility to ensure they are aware of how to obtain a list of Designated

Officers from the Watch Commander’s Office should the need arise to

conduct an exigent cell phone geolocate.

(f) At the conclusion of the training, the APD Training Academy will supply

the list of newly trained Designated Officers to the Intelligence Division

Commander.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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Published with permission by Austin Police Department

Geolocates, Pen Registers, and/or Trap and

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(g) The Intelligence Division Commander or their designee, will add the

names of the new Designated Officers to the Austin Police Department

wide list and remove any names of personnel who have promoted or

moved out of investigative assignments and no longer want to be included

as a Designated Officer. The newly updated list will be provided to the

Chief’s Office to fulfill the statutory requirement of designating these

officers in writing both by the Chief of the Austin Department Police and

the Travis County District Attorney.

(h) The list of Designated Officers who are thoroughly trained in use of a

pen register, trap and trace device, ESN readers, or similar equipment

that combines the function of a pen register and trap and trace device,

or the ability to facilitate and gather prospective location information, shall

be approved by the Chief of the Austin Police Department and submitted

to the Department via email at [email protected]. An updated list

of designated officers will be submitted to the Department via email at

[email protected] no later than January 31st of each year.

2. Submit a letter each year accounting for all expenditures for the purchase

and maintenance of pen registers, ESN readers, or similar equipment, in

compliance with CCP Art. 18B.302 (Report of Expenditures). The Austin

Police Department will submit the previous year’s total of these expenditures

to the Texas Department of Public Safety no later than January 31st at

[email protected].

(a) This letter will be sent annually, whether or not expenditures were made.

1. For purposes of reporting, a “purchase” includes:

(a) The cost of new hardware;

(b) The cost of new software utilized to process prospective data;

and

collection of prospective data.

2. For purposes of reporting, “maintenance” includes any fees

associated with:

(a) The purchase of hardware associated with the equipment

due to required upgrades or failures (not to include the initial

purchase);

(b) The software associated with the equipment to include, but

not limited to: additional licenses, renewal fees, firmware

upgrades/updates (not to include the initial purchase); and

software involved with any of the authorized equipment in this

chapter.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

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427.8 ADMINISTRATIVE SUBPOENAS

(a) Issuance

1. Upon approval from a supervisor at the rank of Sergeant or higher, an APD

investigator may issue an administrative subpoena to a communication common

carrier or a provider of an electronic communications service to compel the

production of any carrier's or service provider's business records that:

(a) Disclose information about:

1. The carrier's or service provider's customers; or

2. Users of the services offered by the carrier or service provider; and

(b) Are material to a criminal investigation.

(b) Reporting

1. Not later than the 30th day after the date on which an administrative subpoena

is issued under CCP Article 18B.451 (Subpoena Authority), the Chief, or

designee, shall report to the DPS the issuance of the subpoena via email at

[email protected].

427.9 AUDIT AUTHORITY

(a) The Austin Police Department recognizes the authority of DPS under Texas CCP Art.

18B.301 (Compliance Audit) to conduct an audit of the Austin Police Department as

a DLEA to ensure compliance with Texas CCP Art 18B.

(b) Under CCP Art. 18B.301 (b), if DPS determines from the audit that APD is not in

compliance with this General Order, DPS shall notify the Austin Police Department in

writing that the Austin Police Department is not in compliance.

determines that APD still is not in compliance, APD will lose the authority granted

under CCP Article 18B until APD adopts a new written policy governing the application

of CCP Article 18B; and DPS approves the new policy.

APD General Orders Issued 7/12/2022

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Medical Marijuana - 437

Medical Marijuana

428.1 PURPOSE AND SCOPE

The purpose of this order is to provide members of this department with guidelines for investigating

the acquisition, possession, transportation, delivery, production or use of marijuana under Texas’s

medical marijuana laws.

428.1.1 DEFINITIONS

Definitions related to this order include (Tex. Occ. Code § 169.001; Tex. Health and Safety Code

§ 487.001):

Dispensing organization - An organization licensed by DPS to cultivate, process and dispense

low-THC cannabis to a patient under a prescription.

Low–THC cannabis - Marijuana and any part of that plant or any compound, manufacture, salt,

derivative, mixture, preparation, resin or oil of that plant that contains not more than 0.5 percent

by weight of tetrahydrocannabinols (THC).

428.2 POLICY

Texas medical marijuana laws are intended to provide protection from prosecution to those who

use or possess marijuana in the form of low–THC cannabis by prescription. However, Texas

medical marijuana laws do not affect federal laws and there is no medical exception under federal

law for the possession or distribution of marijuana. The Austin Police Department will exercise

discretion to ensure laws are appropriately enforced without unreasonably burdening both those

individuals protected under Texas law and the resources of the Department.

The Texas medical marijuana law only permits prescriptions issued under the Compassionate

Use Program of the State of Texas.

428.3 INVESTIGATION

Investigations involving the possession, delivery, production or use of marijuana generally fall into

one of two categories:

(a) Investigations when no person makes a medicinal claim.

(b) Investigations when a medicinal claim is made by a person with a prescription.

428.3.1 INVESTIGATIONS WITH NO MEDICAL CLAIM

In any investigation involving the possession, delivery, production or use of marijuana or drug

paraphernalia where no person claims that the marijuana is used for medicinal purposes, the

officer should proceed with a criminal investigation. A medicinal defense may be raised at any time,

so officers should document any statements and observations that may be relevant to whether

the marijuana was possessed or produced for medicinal purposes.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Medical Marijuana

Published with permission by Austin Police Department

Medical Marijuana - 438

428.3.2 INVESTIGATIONS INVOLVING A PERSON WITH A PRESCRIPTION

Neither the patient for whom the low-THC cannabis is prescribed, nor the patient’s legal guardian,

shall be arrested for possession of low-THC cannabis obtained under a valid prescription from a

dispensing organization (Tex. Health & Safety Code § 481.111).

Reasonable effort should be taken to confirm a person has a prescription for low-THC cannabis

if it is not in the person’s possession.

428.3.3 ADDITIONAL CONSIDERATIONS

Officers should consider the following when investigating an incident involving marijuana

possession, delivery, production or use:

(a) Officers may obtain information from the Compassionate-Use Registry for the purpose

of verifying whether a patient has a prescription for low-THC cannabis and whether it

has been filled (37 Tex. Admin. Code § 12.41).

(b) Officers may obtain information from the Texas Department of Public Safety for the

purpose of verifying whether a purported licensed dispensing organization has a valid

license.

428.4 FEDERAL LAW ENFORCEMENT

Officers should provide information regarding a marijuana investigation to federal law

enforcement authorities when it is requested by federal law enforcement authorities or whenever

the officer believes those authorities would have a particular interest in the information.

428.5 DEPARTMENT RESPONSIBILITIES

Sworn personnel shall ensure that marijuana, drug paraphernalia or other related property seized

from a person engaged or assisting in the use of medical marijuana is not authorized for destruction

without a thorough investigation, direction from the County/District Attorney Offices, or court order.

Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges, or an acquittal,

the Disposal Unit or Investigative Bureau should, as soon as practicable, authorize the return to

the person from whom it was seized any useable marijuana, plants, drug paraphernalia, or other

related property.

The Evidence Section shall not destroy marijuana that was alleged to be for medical purposes,

except upon authorization from the investigative or Disposal Unit, or upon receipt of a court order.

Medical marijuana may be released to federal law enforcement authorities upon presentation of

a valid court order, or by a written order of the assigned detective or investigative.

APD General Orders Issued 7/12/2022

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Death Investigations - 439

Death Investigations

434.1 PURPOSE AND SCOPE

The investigation of cases involving death includes those ranging from natural causes to homicide.

Some causes of death may not be readily apparent and some cases differ substantially from what

they appeared to be initially. The thoroughness of death investigations cannot be emphasized

enough.

434.2 INVESTIGATION CONSIDERATIONS

Death investigation cases require certain actions be taken. Officers responding to the scene of a

death incident shall adhere to the following guidelines:

(a) Paramedics shall be called in all suspected death cases even when the death is

obvious (e.g., decapitated, decomposed). Officers are not authorized to pronounce

death, and shall obtain the time and doctor's name who pronounced death from EMS

and document that information in their report.

(b) A supervisor shall be notified in all death investigations.

1. Identify the name, DOB, address and social security number of the deceased,

if possible.

2. Identify the attending physician and whether they will sign the death certificate,

if applicable.

3. Identify any witness(es) to the incident and request that they remain on scene

until the Homicide Unit determines if any witnesses need to be interviewed.

(d) Notify the Homicide Unit to determine if the death is reportable and whether an

investigator from the Homicide Unit will respond.

(e) Establish a perimeter for suspicious deaths/homicides or as necessary.

(f) Initiate a Crime Scene Log for suspicious deaths/homicides, or as necessary, to

include a list of all persons who enter the crime scene and their purpose for doing so.

(g) With the exception of certain Nursing Home and Hospice situations described in 434.3

below, officers responding to a death shall notify the appropriate authority and advise

them of the circumstances of the death and the deceased person’s information. The

appropriate authority is the Travis County Medical Examiner (TCME) in Travis County,

and the Justice of the Peace in Williamson or Hays Counties.

1. The TCME investigator or Justice of the Peace shall notify the officer of who will

sign the death certificate and who the deceased will be released to.

2. If the deceased can be released to a funeral home, ensure the requested funeral

home is notified.

(h) Remain at the scene until the deceased has been removed by personnel from the

TCME's Office or funeral home.

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Austin Police Department

General Orders

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(i) Document all reportable natural deaths and suspicious deaths/homicides in an

incident report as outlined in this order.

(j) Except when it is necessary to provide information to EMS or other officers for life

saving measures or for officer safety purposes, the following information should not

be transmitted over the radio or provided to the public:

1. The name of the victim,

2. The nature, type, or location of injuries to any victim (however, generally stating

gunshot wounds or stab wounds is appropriate),

3. The specific type of weapon used, or

4. Any other details that may compromise the integrity of the case.

434.2.1 SEARCHING DEAD BODIES

The TCME or the Justice of the Peace is generally the only person permitted to search a body

that is known to be dead. The only exception is that an officer is permitted to search the body of

a person killed in a traffic collision for the limited purpose of locating an anatomical donor card. If

such a donor card is located, the TCME or the Justice of the Peace shall be promptly notified.

Should exigent circumstances indicate to an officer that any search of a known dead body is

warranted prior to the arrival of the TCME or the Justice of the Peace, the investigating officer

shall first obtain verbal consent from the TCME.

Whenever possible, a witness, preferably a relative to the deceased or a member of the household,

should be requested to remain at the scene with the officer pending the arrival of the TCME or

the Justice of the Peace. The name and address of this person shall be included in the narrative

of the death report. The handling officer should obtain a receipt from the TCME or Justice of the

Peace whenever personal effects are removed from the body of the deceased. This receipt shall

be attached to the death report.

434.3 REPORTABLE AND NON-REPORTABLE NATURAL DEATHS

Officers should assume that an apparent natural death is reportable until the officer can determine

that all qualifications for a non-reportable natural death are met. Officers shall always initiate a

report entitled "Deceased Person" when responding to a reportable natural death. Officers may

contact the Homicide Unit at any time for guidance on any of the below items.

(a) Reportable Natural Death

1. A reportable death is a death that requires a law enforcement agency and a

medical examiner or Justice of the Peace to be notified and an incident report

to be written.

(a) Any death at a private residence is a reportable death unless the death

meets the requirements of a "hospice death" as explained below.

(b) Any death of a child 17 and under is a reportable death and investigated

by the Homicide Unit and reviewed by the Travis County Child Fatality

Review Team.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Death Investigations

Published with permission by Austin Police Department

Death Investigations - 441

(b) Nursing Home Death

1. An apparent natural death at a nursing home is not always reportable; nursing

homes are considered 24 hour health care facilities. A death that occurs at a

nursing home is reportable only if it meets any of the conditions set forth in the

Texas Code of Criminal Procedure (Art. 49.25, Sec 6 (a)).

2. An apparent natural death that occurs at an Assisted Living facility is considered

an at home death and shall be reported.

1. An apparent natural death at a qualified Hospice facility is not considered a

reportable death. Usually these facilities will not call police in the event of a

death, however from time to time they may call police to the scene. If called to

a qualified hospice facility, officers should verify that it is in fact a hospice death

by asking for the Physician’s Order that the decedent was a hospice appropriate

patient. At any time officer may contact the Homicide Unit for guidance on

determining the status of the hospice facility and the decedent. While on scene

officer shouldinquire as to whether there are any suspicious circumstances

surrounding the death. If there are no suspicious circumstances and it is verified

that the facility is a qualified hospice facility and it is in fact a hospice death, the

officer should go back in service without writing a report. There is no need to

notify the Homicide Unit, nor is there a need to notify the TCME or the Justice of

the Peace. This policy does not prevent any officer from notifying the Homicide

Unit, writing a report or documenting any information if they feel it would be

appropriate.

2. Although a private residence hospice death is by definition a reportable death,

by agreement with the various counties described below, the responding officer

may not need to initiate an incident report depending on the circumstances.

Officer should verify that it is in fact a hospice death by asking for the Physician’s

Order that the decedent was a hospice appropriate patient. At any time officer

may contact the Homicide Unit for guidance on determining the hospice status

of the decedent. When responding to these scenes, officers should determine

whether any suspicious circumstances exist. If any suspicious circumstances

exist, officers should notify the Homicide Unit and document their findings in an

incident report. If there are no suspicious circumstances and the below criteria

are met, the officer may clear the call without writing a report and does not need

to notify the Homicide Unit.

(a) Private Residence Hospice Deaths Occurring in Travis County

1. If no suspicious circumstances are present, the responding officers

shall contact the Travis County Medical Examiner’s office and speak

with an investigator. If the TCME Investigator verifies that the

decedent is a verified Hospice patient, the officer can clear the call

with no report. There is no need to notify the Homicide Unit. The

name of the TCME Investigator shall be logged into CAD notes

(b) Private Residence Hospice Deaths Occurring in Williamson or Hays

Counties

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General Orders

Death Investigations

Published with permission by Austin Police Department

Death Investigations - 442

1. If no suspicious circumstances are present, and the below two

criteria are met, the responding officer may clear the call without

notifying the Justice of the Peace and without writing a report

(a) The responding officer verifies that the cause of death will be

listed as natural, and that the terminal illness and subsequent

death was not caused by a previous assault or any type of

accident, motor vehicle, or otherwise

(b) The responding officer verifies with a family member or nurse

on scene as to the name of the Hospice organization that is

caring for the decedent as well as the name of the doctor willing

to sign the death certificate and logs that information into the

CAD call notes.

434.4 DEATH NOTIFICATION

It is normally the responsibility of the Medical Examiner's Office to make death notifications to

the next-of-kin.

(a) At the Medical Examiners' request and when practicable, notification to the next-of-

kin may be made by the Victim Services Unit or investigative personnel.

(b) If the next-of-kin lives in another jurisdiction, the law enforcement agency from that

jurisdiction shall be requested to make the notification.

434.5 REPORTING GUIDELINES

Officers shall include the following information when an incident report is required:

(a) Deceased persons information (e.g., name, DOB, race, sex).

(b) How the body was discovered and by whom.

(d) Any alterations to the body or the scene made by the officer or any other person (e.g.,

EMS, AFD).

(e) Time of death.

(f) Name of physician who will sign the death certificate.

(g) Name of witnesses.

(h) Name and employee number of Homicide Investigator.

(i) Name(s) of Medical Examiner's personnel.

(j) Next of kin information.

APD General Orders Issued 7/12/2022

435

Austin Police Department

General Orders

Published with permission by Austin Police Department

Abandoned, Stolen, and Unauthorized Use of

A Motor Vehicle - 443

Abandoned, Stolen, and Unauthorized Use of A

Motor Vehicle

435.1 PURPOSE AND SCOPE

This order prescribes the guidelines for handling:

(a) Abandoned/Junked Motor Vehicles.

(b) Stolen Vehicles.

435.2 ABANDONED/JUNKED MOTOR VEHICLES

(a) Generally, routine calls regarding abandoned/nuisance vehicle shall not be dispatched

to patrol officers. When a 911 call is received, the 911 operator will obtain information

regarding the type of vehicle the complainant is reporting.

1. An officer will be dispatched if there is an immediate need to investigate

the vehicle. Examples of calls requiring an officer to be dispatched are

traffic hazards, suspicious activity or location (ex. Narcotics activity /Homeland

Security issues), possible stolen vehicle, or involvement in the commission of

a crime.

2. If the complainant is reporting an abandoned/nuisance vehicle, the 911 operator

will refer the complainant to 311 to make a report of abandoned vehicle. The

Vehicle Abatement Unit (VAU) will conduct a follow up to the 311 report.

3. When Communications and/or officers receive a complaint regarding an alleged

violation of the Parking in a Front or Side Yard City Ordinance (16-5-22) they

shall direct the complainant to the appropriate District Representative Unit.

(b) Procedures for dealing with abandoned/nuisance vehicles.

1. Patrol Officers who locate or who are dispatched to a vehicle that is

determined to be an abandoned/nuisance vehicle on public property will

not write a Versadex report. Instead, officers shall initiate a Customer

Service Request (CSR) by calling 311, making an online report at https://

austin-csrprodcwi.motorolasolutions.com/Home.mvc/Index, or using the 311

application available on city issued cell phones.

(a) When using the 311 on-line reporting, or the 311 application on the city

cell phone, officers shall provide all requested information including a

photograph of the vehicle, complainant contact name, and email.

(b) The Vehicle Abatement Unit (VAU) will conduct follow-up on all 311 CSR

reports. The VAU will be responsible for determining if a vehicle meets

removal requirements, and impound as necessary. Vehicles will only be

impounded after proper notice has been given by appropriate tagging of

the vehicle.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle

Published with permission by Austin Police Department

Abandoned, Stolen, and Unauthorized Use of

A Motor Vehicle - 444

2. Patrol officers shall not tag abandoned/nuisance vehicles without approval from

a VAU officer or District Representative.

(a) Unless a tagged vehicle is creating an immediate hazard or danger,

officers shall not tow a tagged vehicle without approval from the VAU or

appropriate District Representative.

(b) Officers who are dispatched to or who locate vehicles that have been

tagged and that constitute a traffic hazard will follow APD policy 348

Disabled Vehicles and Stranded Motorist, and 350 Vehicle Towing and

Impound.

3. Officers shall contact VAU or the appropriate District Representative officer for

assistance with abandoned/nuisance vehicles on private property.

4. The supervisor of VAU will ensure proper follow-up is conducted on reports of

abandoned/nuisance vehicles by the VAU. The VAU supervisor is responsible

for ensuring VAU officers properly update and close the 311 CSR, and that

proper reporting procedures are followed regarding APD policy 350 Vehicle

Towing and Impound.

435.3 STOLEN VEHICLES

435.3.1 STOLEN VEHICLE REPORT

(a) Prior to determining if a vehicle is stolen, officers shall:

1. Determine if the alleged stolen vehicle is actually an Unauthorized Use of a

Motor Vehicle (UUMV); and

2. Find out if the vehicle has been impounded or repossessed by running the

license plate.

(b) Stolen Vehicles

1. Officers should inform a subject reporting a stolen vehicle of the reporting and

recovery process.

2. Officers shall require the subject to complete and sign an Auto Theft Affidavit.

(a) If the subject refuses to sign the affidavit, the officer will inform them that

the vehicle information will not be entered into TCIC/NCIC.

(b) Auto Theft affidavits shall be scanned into the Xerox Workflow

Scanning "Auto Theft Affidavit" folder by the end of an officer's tour of duty.

Theft Unit.

3. Officers shall inform the subject that the assigned investigator will notify them

if the vehicle is recovered.

4. Officers shall provide the complainant/victim with the incident number and the

phone number to the Auto Theft Interdiction Unit.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle

Published with permission by Austin Police Department

Abandoned, Stolen, and Unauthorized Use of

A Motor Vehicle - 445

5. Officers should inform the complainant/victim to notify 3-1-1, 9-1-1 or the Auto

Theft Interdiction Unit if they recover the vehicle so an officer can be dispatched

to the scene.

6. Request Communications to enter the vehicle into TCIC/NCIC and the BOLO

file.

1. Officers shall complete an incident report titled "Auto Theft." Indicate whether

the subject signed an Auto Theft Affidavit.

(a) If there is one victim involving multiple stolen vehicles (e.g. Auto

Dealership) then only one report incident number is required.

(b) If there is more than one victim involving multiple stolen vehicles at one

location (e.g. Apartment Complex) then separate incident numbers are

required for each victim.

435.3.2 RECOVERING STOLEN VEHICLES

(a) When a call for service indicates a stolen vehicle has been found, or a stolen vehicle

hit is returned through TCIC/NCIC, confirmation shall be obtained by an officer prior

to recovering the vehicle.

1. Officers shall be dispatched to all recovered stolen vehicle incidents.

2. Officers shall request Communications to have the vehicle removed from TCIC/

NCIC.

3. All confirmed and recovered stolen vehicles shall be processed for latent prints.

(a) Vehicles should be processed by a Property Crime Technician if one is on-

duty and available within a reasonable amount of time. A Property Crime

technician shall not be left alone while processing a recovered stolen

vehicle.

(b) If a Property Crime Technician is not available, the responding officer shall

process the recovered vehicle for prints.

recovered, the reason must be explained in the narrative of the incident

report/supplement.

4. Confirmed stolen vehicles may be returned to the registered owner if they

are present at the scene, however, they shall still be processed for latent prints.

5. If the registered owner is not present, confirmed stolen vehicles shall

be impounded by the City contracted impound wrecker, regardless of its

involvement in other incidents, collisions, or its condition.

6. Recovered stolen vehicle incidents at a wrecker company other than the City

contracted impound wrecker shall be handled as follows:

(a) The vehicle should remain at the storage lot except under unusual

circumstances (e.g., investigative purposes).

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle

Published with permission by Austin Police Department

Abandoned, Stolen, and Unauthorized Use of

A Motor Vehicle - 446

1. Supervisor or Investigative Unit approval is required to move the

vehicle.

2. If there is no need to move the vehicle:

(a) The vehicle shall be confirmed and processed at its current

storage location.

(b) A hold can be placed on the vehicle for the Investigative Unit

involved, if needed.

(b) When a recovered stolen vehicle has been processed and no hold is

placed, the wrecker company may release the vehicle to the owner, lien

holder or insurance company and collect accumulated fees.

7. Recovered out-of-city stolen vehicles where a suspect is present, and no local

charges exist, shall be handled as follows:

(a) The request for confirmation shall include:

1. All pertinent information regarding the vehicle and suspect; and

2. Authorization to hold the suspect for that agency before officially

arresting the suspect.

(b) The suspect shall be detained until the confirmation is received.

(b) Recovered Stolen Vehicle Incident Report Guidelines

1. If the vehicle was originally reported stolen to APD, the responding officer shall

write a supplement to the original incident report.

2. If the vehicle was originally reported stolen to another law enforcement agency,

the responding officer will generate a new incident report titled "OOC Auto Theft".

The originating agency case number should be documented in the narrative.

435.4 UNAUTHORIZED USE OF A MOTOR VEHICLE

An Unauthorized Use of a Motor Vehicle (UUMV) occurs when a complainant has allowed another

person to use their vehicle and the person has not returned it. Officers responding to a possible

stolen vehicle incident need to determine if the complainant is aware of who is in possession of

the vehicle and if the person had been given permission to use the vehicle at one point. This is a

matter of current or prior permission to use the vehicle, not a matter of familiarity with the suspect.

(a) Officers responding to a UUMV incident shall take the following steps:

1. Determine if the vehicle has been impounded or repossessed by running the

license plate and/or VIN.

2. Provide the complainant with the UUMV form letter and incident number.

3. Inform the complainant it is their responsibility to send the UUMV form letter

by certified mail with return receipt requested to the last known address of the

person who had possession or control of the vehicle. This will serve as an official

notice demanding return of the vehicle within 10 days of receipt of the letter.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle

Published with permission by Austin Police Department

Abandoned, Stolen, and Unauthorized Use of

A Motor Vehicle - 447

4. Inform the complainant the incident will remain a civil matter until the return

receipt has been received and the 10 days have passed.

5. Inform the complainant that once the 10 days have passed they should

contact the Auto Theft Interdiction Unit at 512-974-5265 to schedule an

appointment. Advise the complainant that only after they have met with

a detective and provided a sworn statement will the vehicle be entered as stolen.

(b) UUMV Incident Report Guidelines

1. Officers will enter notes into the CAD call indicating who was given the UUMV

form letter and their contact information.

2. Officers will ensure that the call type is changed to UUMV and clear the call

10-8-5. No written report needed.

APD General Orders Issued 7/12/2022

436

Austin Police Department

General Orders

Published with permission by Austin Police Department

Identity Theft - 448

Identity Theft

436.1 PURPOSE AND SCOPE

Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This

order is intended to provide guidelines for the reporting and investigation of such crimes.

436.2 REPORTING

(a) In an effort to maintain uniformity in reporting, officers presented with the crime of

identity theft (Tex. Penal Code § 32.51) shall initiate a report for victims residing within

Austin, regardless of where the incident occurs.

(b) While victims should make a report to the law enforcement agency where the victim

resides, officers of this department should investigate and report any identity theft

related incident that occurs within Austin, regardless of where the victim resides (e.g.,

the victim lives elsewhere but the stolen credit card was used in Austin).

jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's

residence agency or encourage the victim to promptly report the identity theft to the

law enforcement agency where they resides.

(d) Officers should include all known incidents of fraudulent activity (e.g., credit card

number applied for in victim's name when the victim has never made such an

application).

(e) Officers should also reference all known reports made by the victim (e.g., U.S. Secret

Service, credit reporting bureaus, U.S. Postal Service and Department of Public

Safety, Driver License Division) with all known report numbers.

(f) Officers should make a notation in the report narrative if the victim is an elderly

individual, as defined by Tex. Penal Code § 22.04, since the penalty for offenses

committed against an elderly individual is enhanced (Tex. Penal Code § 32.51).

(g) Following supervisory review and department processing, the initial report should be

forwarded to the appropriate Investigative Unit for follow-up investigation, coordination

with other agencies and prosecution as circumstances dictate.

436.3 INFORMATION

The victim should also contact the Federal Trade Commission, which is responsible for receiving

and processing complaints under the Identity Theft and Assumption Deterrence Act. The victim

can contact the FTC online at http://ftc.gov or by telephone at 1-877-ID Theft (877-438-4338).

Additional information may be found at the United States Department of Justice (USDOJ) website,

http://www.usdoj.gov.

APD General Orders Issued 7/12/2022

437

Austin Police Department

General Orders

Published with permission by Austin Police Department

Criminal Trespass - 449

Criminal Trespass

437.1 PURPOSE AND SCOPE

This order outlines the procedures for handling criminal trespass situations.

437.1.1 DEFINITIONS

Entry - The intrusion of the entire body.

Notice - This may be in the following forms:

(a) Oral or written communication by the owner or someone with apparent authority to

act for the owner; or

(b) A sign(s) posted on the property or at the entrance to a building where it is reasonably

likely to come to the attention of intruders indicating that entry is forbidden; or

Owner/Agent - Person(s) designated as the owner or with apparent authority to act on behalf of

the owner (e.g., manager, custodian).

437.2 INVESTIGATION GUIDELINES

For a violation to have occurred:

(a) A subject must enter (or remain) in or on the property without consent of the owner/

agent and the subject received notice that entry was forbidden (within one year prior

to the current date); or

(b) A subject had consent to be on the property but the owner/agent has withdrawn

consent and the subject fails to leave.

437.2.1 ARREST AUTHORITY

Officers should be familiar with Chapter 14 of the Texas Code of Criminal Procedure (CCP) and

Texas Penal Code 30.05 (PC 30.05) when enforcing criminal trespass offenses. The authority to

make a warrantless arrest is contingent upon the particular circumstances an officer encounters

when responding to trespass-related incidents. Officers will not make an arrest unless the violation

occurs in the officer’s presence or view, or the offense is committed in a manner which constitutes

a breach of the peace. Furthermore, the other guidelines and stipulations established by this order

must be met before an officer can make an arrest for criminal trespass.

(a) Officers relying on CCP article 14.01(b) [offense within view] to make a warrantless

arrest for criminal trespass do not need to actually witness the offense to make an

arrest. Officers can rely on the totality of the circumstances, including any/all of the

following, to establish probable cause and show that the offense was committed in

their presence or view under CCP article 14.01(b):

1. Facts within the arresting officer’s personal knowledge and observations,

including first-hand inspections of physical or video evidence.

APD General Orders Issued 7/12/2022

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General Orders

Criminal Trespass

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Criminal Trespass - 450

2. Trustworthy or reliable information from a credible person, including probative

video of a suspect committing the offense.

3. Information from fellow officers.

(b) Except under narrow and limited circumstances, a criminal trespass offense alone

- absent the threat of violence - is typically not considered a breach of the peace,

therefore:

1. Residents generally may not legally arrest for this offense (i.e. citizen’s arrest).

2. Officers will not make an arrest unless the violation occurs in the officer’s

presence or view as defined by section (a), or is one of the rare instances in

which a criminal trespass could be considered a breach of the peace.

less intrusive means adequately resolve the situation and serve the interests of justice,

and there is no other public safety concern that might justify more immediate action,

officers should seek an arrest warrant.

(d) Officers should consult with a supervisor, the applicable investigative unit, or the Arrest

Review Unit if further guidance is required to determine the most appropriate method

for resolving a particular incident.

437.2.2 TRESPASS NOT IN PROGRESS - JUST OCCURRED

Officers should not make warrantless arrests for criminal trespass that occurred at an earlier time

and which the officer did not personally observe unless:

(a) The offense recently occurred and the subject is still nearby the property, and

(b) The officer can develop reliable and credible evidence, including video and/or witness

statements, sufficient for the officer to reasonably believe that the subject committed

the earlier criminal trespass. This can include a store owner, employee, or other

witness’s credible account that the person was at the place in question, and

forbidden or received notice to depart, but failed to do so.

1. To ensure proof of the required notice element, officers shall rely on documented

or personally observed criminal trespass notices, posted signage, or the

presence of fencing (or other physical forms of notice listed in Penal Code §

30.05) to verify that the subject had prior notice that entry was forbidden or

received notice to depart, but failed to do so.

2. Officers should confirm and document the way in which the subject received

notice as prescribed in section 437.2.4 (b) of this order.

437.2.3 TRESPASS IN PROGRESS - CONSENT WITHDRAWN

In cases where a subject initially enters a property with consent but fails to leave when given notice

to do so by the owner/agent, officers shall adhere to the following guidelines:

(a) Officers must witness:

1. The subject in/on the property; and

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Criminal Trespass

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2. The owner/agent administer to the subject the notice to leave.

(b) If the subject does not leave, officers may make an arrest for criminal trespass.

in this order.

437.2.4 TRESPASS IN PROGRESS - PRIOR NOTICE DOCUMENTED

Officers may make an arrest for criminal trespass when the officer witnesses a subject on the

property without the consent of the owner/agent after the subject received notice that they are not

to enter and meets the following guidelines:

(a) The complainant has sole or undisputed authority to restrict the subject from the

location (e.g., another tenant in an apartment complex may allow others on the

premises' common areas).

(b) Confirm and document the way in which the subject received notice:

1. Previous oral notice witnessed by the officer and less than one year old.

2. Previous oral notice was documented in an incident report and less than one

year old.

3. Written notice less than one year old (e.g., APD Criminal Trespass Incident

Form, proof by registered letter).

4. Fencing or other enclosure obviously designed to exclude intruders.

5. Posted sign prohibiting entry:

(a) The sign should state "No Trespassing," and may lay out the parameters

of the restriction. The sign may allow for certain individuals to enter the

premises such as tenants, customers, or patients.

(b) Arrest will not be made when conditions of the posted sign single out a

specific class group such as transients, homeless people, or a minority

group.

437.2.5 TRESPASS IN PROGRESS - PRIOR NOTICE NOT DOCUMENTED

In cases where the subject is witnessed on the property by an officer and the owner/agent claims

to have previously given a trespass notice to the subject but it is not documented; and

(a) The owner/agent will immediately furnish an affidavit attesting that a prior trespass

notice was given to the subject, the subject may be arrested.

(b) The owner/agent cannot or will not immediately furnish an affidavit attesting that a

prior trespass notice was given to the subject:

1. The owner/agent should administer another trespass notice to the subject in the

officers presence and advise the subject to leave the property:

(a) If the subject does not leave, officers may make an arrest for criminal

trespass.

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(b) If the subject leaves when given notice, the officer will write a criminal

trespass incident report as outlined in this order and instruct the owner/

agent to follow-up with the appropriate Investigative Unit if they wish to

file charges.

437.2.6 TRESPASS IN PROGRESS - PRIOR NOTICE MORE THAN ONE YEAR OLD

In cases where the subject is witnessed on the property by the officer but the trespass notice is

more than one year old:

(a) The owner/agent should administer another trespass notice to the subject in the

officer's presence and advise the subject to leave the property:

1. If the subject does not leave, officers may make an arrest for criminal trespass.

2. If the subject leaves when given notice, officers will write a criminal trespass

incident report as outlined in this order and instruct the owner/agent to follow-up

with the appropriate Investigative Unit if they wish to file charges.

(b) If the owner/agent provides compelling information, or the current incident contains

aggravating circumstances that would substantially warrant an arrest for criminal

trespass and the documented notice was given more than one year prior, the officer

may make an arrest with supervisor approval. The details warranting arrest, as well

as the supervisor's name, must be articulated in the incident report narrative.

437.2.7 TRESPASS IN PROGRESS - OWNER/AGENT NOT ON-SCENE

Officers may arrest a subject that trespasses on a property when the owner/agent is not on-scene

if all of the following are met:

(a) A letter is on file from the owner/agent authorizing APD to facilitate an arrest on the

owner's/agent's authority in the owner's/agent's absence; and

(b) An APD incident report documenting the owner/agent's written authorization is verified

prior to an arrest being made; and

the PC 30.05.

437.3 REPORTING PROCEDURES

437.3.1 CRIMINAL TRESPASS NOTICE

When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer

shall document the incident by either writing a "Criminal Trespass Notice" incident report (title code

2730) or complete a Criminal Trespass Notice Incident Form (PD0040 or PD0040E). A subject

does not need to be on the property at the time the notice is given in order for the notice to be valid.

If the notice is to be temporary and the suspect leaves when told to do so by the owner/agent, the

officer will title the report "Assist Complainant" and document that the notice was temporary and

should not be considered a permanent (e.g., up to one year) notice.

(a) Criminal Trespass Notice Report

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1. Use the offense title "Criminal Trespass Notice" (title code 2730).

2. Use the Trespass Notice template when writing the narrative.

3. The narrative should contain the following information:

(a) Location of occurrence.

(b) Date and time of occurrence.

(d) Type of notice issued (e.g. oral, written, posted sign).

(e) Name and identifying information on the owner/agent who issued notice.

(f) Reason the owner/agent wants to issue the notice.

4. Under no circumstances will "Criminal Trespass Warning" or "CTW" be used in

the body/narrative of the report. Refer to it as a criminal trespass notice, not a

warning.

(b) Criminal Trespass Notice Incident Form

1. Officers may use the Criminal Trespass Notice Incident Form in lieu of writing

an incident report.

2. The officer shall complete all the fields of the form except for the narrative and

have the suspect read and sign the form in the officer's presence. If the suspect

refuses to sign the form, notice is still considered to be valid. The officer will note

the refusal on the form.

3. The officer shall detach both the yellow and pink pages of the completed form

prior to beginning the narrative portion.

4. The suspect will be given the pink page of the completed 3-part form.

5. The owner/agent will be given the yellow page of the completed 3-part form. The

officer shall recommend to the owner/agent that the copy be kept accessible and

on file for future reference and documentation.

6. Officers will complete the narrative portion of the white page:

(a) The same information listed above shall be included in the narrative portion

of the form.

(b) A copy of the white page will be turned in to the appropriate Investigative

Unit inbox.

electronic report writing system.

7. If additional narrative space is needed, attach a narrative form to the Criminal

Trespass Notice Incident Form.

The Criminal Trespass Notice SharePoint list allows users to effectively and efficiently locate

and identify active and expired Criminal Trespass Notices (CTNs). The list is searchable by

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case number, first and last names, business names, and addresses. The list provides two

(2) views, Active CTNs and Expired CTNs. CTNs in the Active CTNs view will automatically

transfer to the Expired CTNs view upon their expiration date.

The Criminal Trespass Notice SharePoint list is located on the Patrol page in SharePoint. The

list is accessible through the Patrol page or the quick link titled Criminal Trespass Notices on

the SharePoint homepage. The hyperlink on the APDnet homepage titled Criminal Trespass

Notices allows direct access to a blank CTN template.

The Criminal Trespass Notice list in SharePoint shall be used to document:

1. Authorization Letters for Criminal Trespass Arrest – Business locations.

(a) Entered by District Representatives or patrol officers.

2. Criminal Trespass Notices issued by City Employees for City property.

(a) Entered by CTECC Non-Emergency Call Takers.

3. Criminal Trespass Notices issued by Patrol Officers.

(a) Entered by patrol officers.

437.3.2 CRIMINAL TRESPASS ENFORCEMENT ACTION OR FOLLOW-UP

Any time an incident leads to an arrest or requires follow-up by an Investigative Unit where the

owner/agent wishes to file charges, officers shall complete an incident report.

(a) Use the offense title "Criminal Trespass" (title code 2716).

(b) The following information must be documented in the narrative section of the report:

1. Location of occurrence.

2. Date and time of occurrence.

3. Witnesses to the incident.

4. Name and identifying information on the owner/agent who issued notice and

whether or not that person still has authority to issue the notice.

5. History of prior notices including any applicable incident report numbers. If

history exists between the owner/agent and the suspect, the court prefers to

have this information prior to acceptance of PC affidavit. Include it in both the

narrative of the report and in the PC affidavit.

437.4 SUPERVISOR RESPONSIBILITIES

Supervisors shall review each criminal trespass incident report to confirm the correct title code

is used. If the incident is a:

(a) Criminal trespass warning only and no enforcement action is needed, title code 2730

(Criminal Trespass Warning) shall be used.

(b) Criminal trespass offense that includes charges being filed or follow-up is required

from an Investigative Unit, title code 2716 (Criminal Trespass) shall be used.

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Hate Crimes

438.1 PURPOSE AND SCOPE

This department recognizes and places a high priority on the rights of all individuals guaranteed

under the Constitution and the laws of this state. When such rights are infringed upon by violence,

threats or other harassment, this department will utilize all available resources to see that justice

is served under the law. This order has been developed to meet or exceed the provisions of the

James Byrd, Jr. Hate Crimes Act and provides members of this department with guidelines for

identifying and investigating incidents and crimes that may be motivated by hatred or other bias.

438.1.1 FEDERAL JURISDICTION

The federal government also has the power to investigate and prosecute bias-motivated violence

by providing the U.S. Department of Justice with jurisdiction over crimes of violence where the

perpetrator has selected the victim because of the person's actual or perceived race, color,

religion, national origin, gender, sexual orientation, gender identity or disability (18 USC § 245).

438.2 DEFINITIONS

Hate Crimes - An intentional criminal act committed in whole or in part because of a bias or

prejudice against a person or group's (Tex. Code of Crim. Pro. art. 42.014):

(a) Disability

(b) Gender

(d) Race, ethnicity or color

(e) Religion

(f) Sexual orientation

(g) Age

(h) Peace Officer

(i) Judge

438.3 CRIMINAL STATUTES

Tex. Penal Code § 12.47 - Penalty enhancement if an offense is committed because of bias or

prejudice.

Tex. Penal Code § 22.04 - Prohibits assaulting elderly or disabled individuals.

Tex. Penal Code § 25.071 - Violation of a protective order preventing an offense caused by bias

or prejudice.

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438.4 UNDERSTANDING HATE CRIME ENHANCEMENT

"Hate Crime" is not a specific offense that any person can be charged with but rather a penalty

enhancement (Tex. Penal Code § 12.47).

(a) Officers cannot enhance the level of a crime at the time of booking even if there is

sufficient evidence that the crime was motivated because of bias or prejudice.

(b) Investigators do not control whether an offense committed because of bias or prejudice

is enhanced; the decision to file for the enhancement is handled by the prosecution.

offense; however, a Class A misdemeanor cannot be increased to a felony.

438.5 PROCEDURE FOR INVESTIGATING AN ALLEGED HATE CRIME

Whenever any member of the Department receives a report of a suspected hate crime, or other

activity that reasonably appears to involve a potential hate crime, the following should occur:

(a) Officers will be assigned to the incident to conduct a preliminary investigation.

(b) A supervisor should be notified of the circumstances as soon as practicable.

treatment of victims, apprehension of suspects), the assigned officers will take all

reasonable steps to preserve available evidence that may tend to establish that a hate

crime was involved.

(d) Officers will interview available witnesses, victims and others to determine what

circumstances, if any, indicate the situation may involve a hate crime.

(e) Officers should not tell individuals they are a victim of a hate crime as the determination

is not made by law enforcement, however, officers should treat victims with empathy.

(f) Officers or supervisors may request additional assistance from the appropriate

Investigative Unit or other resources to further the investigation.

(g) Officers should take photographs and collect physical evidence such as hate literature,

spray paint cans, and symbolic objects used by hate groups (e.g., graffiti, clothing with

symbols, letters).

(h) Officers will provide victims of any suspected hate crime with a Victim Assistance

Information pamphlet.

(i) Officers will complete an incident report and include:

1. The title code that relates to the specific offense (e.g., assault, robbery). In

addition, the Hate Crime Information title code 4601 shall be added. This will

result in the report routing to the Hate Crimes Review Committee report queue

for review.

2. The “BIAS” box must be filled out if there is any suspicion of a hate crime. This

is required for inclusion in the Department's report to the FBI.

3. Specific facts (e.g., racial slurs, ethnic slurs, other derogatory slurs, signs

and symbols) used during the incident to indicate the likelihood a hate crime

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occurred. It is important to quote the exact language used by the suspects

whenever possible.

438.5.1 HATE CRIME REPORTING

This Department shall report hate crimes in the form and manner and at regular intervals as

prescribed by rules adopted by the Department of Public Safety. This shall be conducted by the

Central Records Manager or assigned to the Investigation Unit (Tex. Gov’t. Code § 411.046(b)).

(a) A Hate Crimes Review Committee shall review all suspected hate crimes on a monthly

basis to determine those cases that fall within the definition of a hate crime for reporting

purposes.

(b) The Department may request hate crime-related information or statistics from the

Department of Public Safety to carry out investigations or other lawful business (Tex.

Gov’t. Code § 411.046(c)).

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Service Animals

440.1 PURPOSE AND SCOPE

Service animals play an important role in helping to overcome the limitations often faced by people

with disabilities. The Austin Police Department recognizes this need and is committed to making

reasonable modifications to its policies, practices and procedures in accordance with Title II of the

Americans with Disabilities Act of 1990 (ADA) to permit the use of any animal that is individually

trained to assist a person with a disability.

440.2 SERVICE ANIMALS

The ADA defines a service animal as any guide dog, signal dog or other animal individually trained

to provide assistance to an individual with a disability. Service animals may be of any type or breed

and need not be certified by any government agency or service group.

Some service animals, such as guide dogs, may be readily identifiable but many do not have a

distinctive symbol, harness or collar.

The following examples are just some of the ways service animals may provide assistance:

(a) Guiding people who are blind or have impaired vision.

(b) Alerting people who are deaf or hard of hearing.

disabilities that limit use of their hands, arms, or legs.

(d) Pulling Wheelchairs.

(e) Providing physical support by assisting people with physical disabilities with stability

and balance.

(f) Doing work or performing tasks for persons with traumatic brain injury, intellectual

disabilities or psychiatric disabilities, such as reminding a person with depression to

take medication or to wake the person.

(g) Alerting a person with anxiety to the onset of panic attacks; providing tactile

stimulation to calm a person with post-traumatic stress disorder; assisting people with

schizophrenia to distinguish between hallucinations and reality; and helping people

with traumatic brain injury to locate misplaced items, to find places or to follow daily

routines.

440.3 EMPLOYEE RESPONSIBILITIES

Under the Americans with Disabilities Act, service animals assisting individuals with disabilities

are permitted in all police facilities and areas where the general public is allowed. Employees are

expected to treat individuals with service animals with the same courtesy and respect that the

Austin Police Department affords to all members of the public.

If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably

disrupts or interferes with normal business operations, the employee may direct the partner/

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handler to remove the animal from the premises. Barking alone is not a threat nor does a direct

threat exist if the partner/handler takes prompt, effective action to control the animal. Each incident

must be considered individually and past incidents alone are not cause for excluding a service

animal. Removal of a service animal may not be used as a reason to refuse service to an

individual with disabilities. Members of this department are expected to provide all services as are

reasonably available to the individual with the disability.

If it is unclear whether an animal meets the definition of a service animal, officers should ask the

individual only the following questions:

(a) Is the animal required because of a disability?

(b) What task or service has the service animal been trained to perform?

If the individual explains that the animal is required because of a disability and has been trained to

work or perform at least one task, the animal meets the definition of a service animal. No further

question as to the animal's status should be asked. The person should not be asked questions

about their disabilities nor should the person be asked to provide any license, certification or

identification card for the service animal.

Service animals are not pets. Employees should not interfere with the important work performed

by a service animal by talking to, petting or otherwise initiating contact with a service animal.

440.4 INQUIRIES AND COMPLAINTS

When handling calls of a complaint regarding a service animal, members of this department

should remain neutral and should be prepared to explain the ADA requirements concerning service

animals to the concerned parties. Under the Americans with Disabilities Act, people with disabilities

have the right to be accompanied by service animals in all public areas.

(a) Businesses are required to permit service animals to accompany their partner/handler

in all areas that other customers or members of the public are allowed. Individuals

who believe they have been discriminated against as a result of their disability should

be referred to the Civil Rights Division of the U.S. Department of Justice.

(b) The Austin Police Department considers interference with or denial of this right by any

member of the Department to be a serious violation of this order. Complaints alleging

violations of this order against any Department employee will be promptly investigated

and should be referred to the Internal Affairs Unit.

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Mental Health Response

445.1 PURPOSE AND SCOPE

The Crisis Intervention Team (CIT) Unit and (CIT) officers are tasked with addressing and

responding to any calls for police assistance related to the mental health community to include

Intellectual Developmental Disabilities (IDD) and cognitive disorders. This order sets guidelines

for utilizing the CIT Unit and the certified CIT officers assigned to field duty.

445.1.1 DEFINITIONS

Crisis Intervention Team (CIT) Officer - An officer off probationary status who has successfully

completed the TCOLE prescribed CIT certification course. The Austin Police Department has CIT

officers who receive a mental health certification pay/stipend (see Meet and Confer Agreement,

Article 7 Wages and Benefits, Section 4, Mental Health Certification Pay) to respond to CIT calls

and perform Peace Officer Emergency Detentions (POED). If an officer who receives mental

health certification pay is not available, an officer who is a CIT Officer can respond to a CIT call or

perform a POED. The term Crisis Intervention Team (CIT) Officer is interchangeable with Mental

Health Officer and they have the same meaning.

Crisis Intervention Team (CIT) Unit - A unit of specially trained CIT officers within APD who act

as liaisons between the CIT officers assigned to patrol and the facilities, providers, and consumers

within the mental health community. CIT Unit officers also respond to calls for service as outlined

in this order.

Mental Illness - An illness, disease or condition other than epilepsy, senility, alcoholism or mental

deficiency that substantially impairs a person's thoughts, perception of reality, emotional process

or judgment, or grossly impairs behavior as demonstrated by recent disturbed behavior.

Intellectual Development Disorder (IDD) - A significantly sub-average intellectual function that

is concurrent with deficits in adaptive behavior and which originates during the developmental

period.

Cognitive Disorders - organic mental disorders such as Traumatic Brain Injury (TBI), dementia,

Alzheimer’s, Parkinson’s, and substance withdraw delirium, etc. Symptoms of these disorders

could include but are not limited to the following: memory loss, loss of motor skills, delirium,

deficits in general mental ability/reasoning/problem solving/planning/abstract thinking/judgment,

communication disorders, etc

Jail Diversion – Alternative method(s) of addressing a mentally ill, cognitively disabled, or IDD

person’s behavior, other than with arrest and confinement in jail.

Expanded Mobile Crisis Outreach Team (EMCOT) - A group of medical or mental health

professionals who respond to the scene of a psychiatric crisis, assisting officers with jail diversion

and emergency detentions.

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445.2 INCIDENTS REQUIRING A CIT OFFICER

(a) If the incident is an emergency involving a person in mental health crisis, a CIT officer

will be dispatched as the primary responding officer. If a CIT officer is not available,

any patrol officer will be dispatched immediately and a CIT officer will respond as soon

as possible.

(b) If the incident is non-emergency in nature, a CIT officer shall respond as the primary

officer, with the exception of an emergency room transport of a POED to a psychiatric

hospital (secondary transport)..

1. Any situation where the responding officer believes that a person's mental health

is adversely affecting the person's behavior (e.g., attempted suicide, suicidal

subject, Peace Officer Emergency Detention (POED) evaluation).

2. Any request from a member of the community for a CIT officer.

3. Mental health related calls from a facility/provider that furnishes services on

behalf of the mental health community.

4. Any health care facility or emergency room request for assistance relating to a

person suspected of a mental illness.

445.3 CIT REFERRALS

Patrol officers receiving a mental health request for assistance from a complainant will refer the

individual to an on-duty CIT officer, the CIT Unit, or EMCOT. An incident report will be completed

as outlined in this order.

(a) If the person about whom the call is made poses any threat to safety, the responding

officer will remain at the scene until contact is made with an on-duty CIT officer or the

CIT Unit to determine the appropriate action to be taken. When safe and reasonable,

officers shall use de-escalation techniques to reduce the likelihood for force and

increase the likelihood of voluntary compliance.

(b) When deemed necessary by an officer or the CIT Unit, an EMCOT employee will be

called to the scene to assist with:

1. Assessment of the client (including suicide assessments).

2. Assessment of the situation.

3. Linking the client with existing mental health services in the community.

4. In-depth counseling for the client and family.

5. Transportation of the client, when appropriate.

6. Jail Diversion, when appropriate (see section 445.6 of this order for further

details).

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1. Sworn and non-sworn personnel can refer cases or subjects needing

mental health assistance to the CIT Unit by sending an email to:

[email protected].

445.4 MENTAL HEALTH COMMITMENTS

445.4.1 VOLUNTARY COMMITMENT

Employees encountering persons desiring to be voluntarily committed to a mental health facility

and that meet the criteria for an Emergency Detention shall contact an on-duty CIT officer. If

the subject does not meet the criteria for an Emergency Detention the officer may do one of the

following:

(a) Request EMCOT to the scene.

(b) Provide voluntary transport to a facility within the located county.

445.4.2 PEACE OFFICER EMERGENCY DETENTION (POED)

(a) The authority to apprehend a person by using the Peace Officer's Emergency

Detention is granted under the Tex. Health and Safety Code § 573.001. This type of

custody is protective rather than criminal in nature and does not constitute an arrest.

A POED may be used when:

1. The officer has reason to believe, and does believe, that the person is mentally

ill; and

2. Because of that mental illness there is a substantial risk of serious harm to the

person or to others unless the person is immediately restrained; and

3. The officer believes that there is not sufficient time to obtain a warrant before

taking the person into custody.

(b) An employee encountering a person who needs to be assessed for a possible POED

shall contact an on-duty CIT officer.

1. The responding CIT officer shall be responsible for:

(a) Conducting an assessment to determine whether the person should be

handled as an Emergency Detention;

(b) Providing transportation to the appropriate mental health facility or

furnishing referral information;

1. Travis County Emergency Detentions - When determining where

to transport a subject in Travis County, the officer should contact

Integral Care at 512-472-HELP(4357).If contact cannot be made

with Integral Care after a reasonable amount of time, the

officer can default and transport the subject on a POED to the

nearest appropriate Travis County Hospital Emergency Department.

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Officers shall document all efforts made to contact Integral Care or

how a determination was made to transport a subject to a facility.

2. Williamson County Emergency Detentions - When determining

where to transport a subject in Williamson County, the officer

should contact Bluebonnet Community Services at 512-701-1982.If

contact cannot be made with Bluebonnet Community Services the

officer can default and transport the subject on a POED to the

nearest appropriate Travis County Hospital Emergency Department.

Hospital Emergency Departments in Williamson County have not

been deemed as a location where a POED can be served. Officers

shall document all efforts made to contact Bluebonnet Community

Services or how a determination was made to transport a subject

to a facility.

3. The CIT officer may transport the subject or have a non CIT officer

transport the subject after completing all paperwork and advising

where the subject is to be taken.

2. If it is determined that the person does not meet the criteria for a POED, the

initial officer may:

(a) Request a response from the Expanded Mobile Crisis Outreach

Team (EMCOT), (refer to 445.6)

(b) Release the person, if no criminal violation has been committed;

(d) Place the person in jail, provided the officer has legal authority to do so.

3. Officers shall perform secondary transports of subjects from an emergency

room to a psychiatric hospital on an APD Emergency Detention. All officers are

responsible for the following:

(a) Taking custody of the individual who is detained under a POED.

(b) Collect and verify all necessary documents for the transfer of the detained

individual.

paperwork and personal property.

(d) Complete a supplement to the original POED report.

4. Officers shall transport persons on a still active APD POED from the Judge Guy

Herman Center to another arranged hospital or psychiatric hospital when the

Center’s staff determines that patient care exceeds the capabilities of the Center.

All transporting officers are responsible for the following:

(a) Verifying a nurse-to-nurse/doctor-to-doctor transfer was completed and

collecting all necessary documents for the transfer, if available.

(b) Taking custody of the individual who is detained under an APD POED.

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psychiatric hospital, if available.

(d) Completing a supplement to the original POED report.

445.4.3 ORDER OF PROTECTIVE CUSTODY

Due to special requirements, employees receiving a request to transport a subject due to an Order

of Protective Custody (OPC) shall contact the Travis County Sheriff's Office (TCSO) CIT Unit to

transport the person named in the order.

445.4.4 UNAUTHORIZED DEPARTURES FROM MENTAL HEALTH FACILITIES

When officers comes into contact with a person who is a confirmed Unauthorized Departure

(UD) from a mental health facility, officers will confirm that a court order has been issued for the

individual requiring them to return to the appropriate mental health facility.

(a) If confirmed, take the person into custody and transport them to the appropriate mental

health facility.

(b) If no court order exists the employee shall request an on-duty CIT officer to respond

and complete a supplement detailing their observations.

445.5 MENTALLY ILL PERSONS REQUIRING MEDICAL ATTENTION

Officers shall call EMS to treat and/or transport the person to a medical facility when a mentally

ill person needs medical attention.

(a) If the subject is transported, a Mental Health Transport Form shall be completed and

given to EMS personnel.

(b) If the subject is not transported, officers shall request an on-duty CIT officer to respond

to the scene.

445.6 ARREST AND JAIL DIVERSION OF MENTALLY ILL, COGNITIVELY DISABLED,

AND IDD PERSONS

(a) The arrest of a mentally ill person creates an extraordinary burden on the criminal

justice and judicial systems. The department and the community benefit from

alternative methods of addressing a mentally ill person’s behavior, other than with

arrest and confinement in jail. In lieu of arrest under certain circumstances, when

encountering a mentally ill, cognitively disabled, or IDD person during a call for service,

any officer can request the assistance of the local mental health authority, Austin

Travis County Integral Care (ATCIC) and their response group, or Expanded Mobile

Crisis Outreach Team (EMCOT) when deemed appropriate.

1. Officer must obtain supervisor approval prior to jail diversion. When the decision

has been made to jail divert, officers may request that communications dispatch

EMCOT. EMCOTs inability to respond does not prevent an officer from using

jail diversion.

(a) EMCOT is available to respond within 30 minutes of dispatch during the

following hours:

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1. Monday-Friday: 6am-10pm

2. Saturday and Sunday: 10am-8pm

2. The acceptance of EMCOT’s services by the person is voluntary.

3. The option of calling EMCOT will not be exercised in the following situations:

(a) Violent crimes in which another person has been assaulted.

(b) Crimes involving damage to property.

(d) Any felony offense;

(e) Any offense involving the use or possession of a firearm

(f) Any situation in which the person meets the criteria for a POED

4. Once EMCOT has arrived and conducted a preliminary evaluation of the

mentally ill, cognitively disabled, or IDD person the EMCOT employee will advise

the officer if they are needed further or if they are free to return to service. The

ultimate decision as to whether or not the officer stays on scene or returns to

service will be based on the officers own judgment.

(b) An arrest shall be made in lieu of a POED under the following circumstances:

1. Felony offense;

2. DWI offense;

3. For Family violence offenses see General Order 418.2.2.

1. Advise the intake officers; and

2. Complete all paperwork required by Travis County (e.g., Mental Health Hold/

Evaluation Form); and

3. Bring the person to the jail nurse.

(d) When a mentally ill, cognitively disabled, or IDD person is diverted from arrest, the

officer shall document the details and reason for the diversion in an offense report.

445.7 REPORTING PROCEDURES

Employees responding to any incident involving a mental health individual shall comply with the

following reporting requirements:

(a) Responsibility

1. CIT officers responding to a scene shall complete the incident report. If the

primary officer is not a CIT officer, they shall complete a supplement detailing

their observations.

2. When a CIT officer does not respond, the primary officer shall complete the

incident report.

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3. When a mentally ill person is arrested, detained, and/or released for an offense,

the arresting officer shall complete the incident report.

(b) Guidelines

1. Officers completing an incident report shall:

(a) Use the appropriate EDP title code; and

(b) Not include any reference to the mental health of a person in a report

synopsis that is available for public disclosure (e.g., "press release"). All

such information shall be documented in the narrative section, as needed.

445.8 INCIDENTS INVOLVING EMERGENCY DETAINED SUBJECTS IN POSSESSION OF

FIREARMS

Peace Officers have authority to seize firearms from a person who is being detained for mental

health services under the Texas Health and Safety Code § 573.001(g). This seizure is for the

safety of the detained individual and community.

(a) Officers may seize any firearm found in possession of a person being detained into

custody under an Emergency Detention (Health and Safety Code 573.001).

(b) If a firearm is seized under this authority, Officers shall:

1. Complete the Receipt for Seized Firearm and Procedures (PD0222 A)

2. Review the front page of the Receipt for Seized Firearm and Procedures

(PD0222 A) with the detained subject and place it in their property.

3. Make a reasonable attempt to identify an immediate family member for the

detained subject and notate that person's name and contact information in the

incident report.

4. Contact the Crisis Intervention Team by the end of the officers tour of duty either

by phone at (512-854-3450) or by email [email protected]

with the following:

(a) Officer's name,

(b) Incident number, and

5. Use the title codes Emergency Detention/Firearm Seized 3465.

APD General Orders Issued 7/12/2022

450

Austin Police Department

General Orders

Published with permission by Austin Police Department

Informants - 467

Informants

450.1 PURPOSE AND SCOPE

In many instances, a successful investigation cannot be conducted without the use of informants.

To protect the integrity of the Austin Police Department and the officers using informants, it shall

be the policy of this department to take appropriate precautions by developing sound informant

policies.

450.1.1 TYPES OF INFORMANTS

The following types of informants are considered resources of the Austin Police Department.

Informants shall not be considered as personal sources of information to any individual officer.

(a) Citizen Informants - Persons who provide information or evidence to assist the

Department in the reduction of crime without any expectation of payment or benefit.

This is normally referred to as the "concerned citizen."

(b) Paid Informants - Persons who are providing information or evidence to APD in

exchange for money paid by APD.

1. Arrested and the evidence is sufficient to support a charge; or

2. Formally charged with an offense; or

3. Indicted.

(d) Juvenile Informants - Persons under the age of 17 years old may only be used as

an informant with parental consent or as authorized by a court order.

450.1.2 RELATIONSHIP WITH INFORMANTS

No member of the Austin Police Department shall maintain a social relationship with a known

paid or defendant informant or otherwise become intimately involved with a such an informant.

Members of the Austin Police Department shall neither solicit, accept gratuities, or engage in any

private business transaction with any informant.

450.2 PATROL GUIDELINES

450.2.1 CITIZEN INFORMANTS

Officers working patrol and patrol related assignments normally encounter citizen informants.

(a) Information regarding criminal activity obtained in this manner shall be handled as

follows:

1. Where exigent circumstances exist, the officer should take appropriate action

and document the source of information in an incident report.

2. Where no exigent circumstances exist, the officer shall refer the informant to the

appropriate Investigative Unit.

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(b) Occasionally officers will encounter individuals who want to provide information but

do not desire to be identified.

1. Officers shall not enter into any agreement promising that the individual's

involvement in a particular incident will remain confidential. The individual could

be required to testify in court or provide additional information to other law

enforcement entities.

2. Informants still desiring to remain confidential should be referred to the

appropriate Investigative Unit or to Crime Stoppers for follow-up.

guidelines.

450.2.2 PAID INFORMANTS

Officers working patrol and patrol related assignments who encounter individuals wishing to

provide information in exchange for compensation or some other benefit (other than dismissal of

arrest charges - see Defendant Informants below) will be handled in the following manner:

(a) The officer's supervisor must be notified that a person is attempting to provide

information.

(b) The supervisor and officer should determine whether or not exigent circumstances

exist.

1. Where exigent circumstances exist (e.g., a crime is in progress or imminent):

(a) The officer should attempt to obtain the information and take enforcement

action as needed.

(b) Any monetary compensation will be determined after the fact by the

appropriate Investigative Unit following the Organized Crime Division

(OCD) Confidential Informant Payment Guidelines.

2. Where no exigent circumstances exist (e.g., a crime has already occurred or is

an on-going long-term situation):

(a) The informant should be referred to the appropriate Investigative Unit or

to Crime Stoppers for follow-up.

(b) If the informant wishes to work with an Investigative Unit:

1. The officer should contact or email the appropriate Investigative Unit

supervisor with the informants' identity, a brief explanation of the

situation, and the incident number.

2. The Investigative Unit's supervisor will determine whether to use the

informant. Informant use must be approved by OCD as outlined in

this order.

1. Act as a liaison between the informant and Investigative Unit.

2. Set up interviews with the informant and investigators.

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(d) Officers will not engage in any other phase of the investigation unless authorized by

the Investigative Unit and the officer's chain-of-command.

450.2.3 DEFENDANT INFORMANTS

Officers working patrol and patrol related assignments who arrest an individual that wishes to

provide information or evidence will be handled in the following manner:

(a) Officers shall not enter into any agreement to accept information in lieu of filing

charges.

(b) Informants should be referred to the appropriate Investigative Unit.

1. Officers should contact or email the appropriative Investigative Unit supervisor

with the informants' identity, a brief explanation of the situation, and the incident

number.

2. Investigative Unit supervisors will determine whether to use the informant.

Informant use must be approved by OCD as outlined in this order.

450.3 ALL OTHER ASSIGNMENTS

450.3.1 CITIZEN INFORMANTS

Investigative Units within the Department wishing to utilize a citizen informant shall adhere to the

following guidelines:

(a) A citizen informant does not have to be documented in the Confidential Informant

Database unless they wish to be paid for the information or evidence being provided.

(b) If a citizen informant wishes to be paid, the paid informant guidelines shall be followed

or refer the informant to Crime Stoppers.

450.3.2 PAID AND DEFENDANT INFORMANTS

Investigative units within the Department shall not deal with any paid informant or defendant

informant unless policies and procedures outlined within the unit SOP and/or Operations Manual

that mirror OCD's general orders on informants.

(a) Any potential paid informant or defendant informant shall be approved by an OCD

supervisor before using the informant. The OCD supervisor will check the informant

through the Confidential Informant Database.

(b) When use of an informant has been approved:

1. All informant information shall be entered into the Confidential Informant

Database by an OCD supervisor and issued an informant control number.

2. All employees shall forward original informant files to OCD for filing, retention,

and archival.

3. A copy of an informant file may be kept by the unit controlling the informant.

4. All payments made to an informant shall be immediately communicated to an

OCD supervisor so the Confidential Informant Database can be updated with

the payment information.

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450.4 WILLIAMSON COUNTY GUIDELINES

Guidelines for using Defendant Informants are different for Williamson County and must be

followed. When a subject is being considered for use as a Defendant Informant in Williamson

County, an OCD supervisor shall be contacted before using the informant.

450.5 ORGANIZED CRIME DIVISION RESPONSIBILITIES

OCD shall be the Department's central repository for all informant paper files and maintain a

Confidential Informant Database that will contain informant information as well as all payments

made to the informant. Informant records shall be maintained indefinitely.

450.5.1 REPORTING OF PAYMENTS

Each confidential informant receiving a cash payment shall be informed of their responsibility

to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed

$600 in any reporting year, the confidential informant should be provided IRS Form 1099 (26 CFR

1.6041-1). If such documentation or reporting may reveal the identity of the confidential informant

and by doing so jeopardize any investigation, the safety of peace officers or the safety of the

confidential informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued.

In such cases, the confidential informant shall be provided a letter identifying the amount

they must report on a tax return as “other income” and shall be required to provide a signed

acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of

the letter shall be retained in the confidential informant's file.

APD General Orders Issued 7/12/2022

455

Austin Police Department

General Orders

Published with permission by Austin Police Department

Social Media for Official Use - 471

Social Media for Official Use

455.1 PURPOSE AND SCOPE

The Department endorses the use of social media to enhance communication, collaboration, and

information exchange. This order establishes the department's position on the utility of social

media, including management, administration, and oversight. This order is intended to address

social media in general, not a particular form of social media.

455.2 APPLICABILITY

This policy applies to employees who are on duty or representing the department in an official

manner. See General Order 972 Employee Speech, Expression, and Social Networking for non-

duty related social media.

455.3 POLICY

Social media assists the department in meeting community outreach, problem-solving,

investigations, and crime prevention. Social media is a valuable tool when seeking evidence or

information including missing persons, wanted persons, gang activity, crimes perpetrated online,

and photographs or videos of a crime. The content of postings on personal social media sites by

employees reflects on them in their official capacity. This order provides information on the use

of social media by department personnel.

(a) The Austin Police Department will not utilize social media to seek or retain information

about:

1. Individuals or organizations solely on the basis of their religion, political

association, social views or activities.

2. An individual's participation in a particular non-criminal organization or lawful

event.

3. An individual's race, ethnicity, citizenship, place of origin, disability, gender, or

sexual orientation unless such information is relevant to the individual's criminal

conduct or activity or if required to identify the individual.

4. An individual's age other than to determine if someone is a minor.

(b) The Austin Police Department will not directly or indirectly receive, seek, accept, or

retain information from an individual or nongovernmental information provider who

may or may not receive a fee or benefit for providing the information if there is reason

to believe that the information provider is legally prohibited from obtaining or disclosing

the information.

455.4 DEFINITIONS

Confidential information - Information designated as confidential by law (state, federal statute,

or court decision).

Post - Content an individual shares on a social media site or the act of publishing content on a site.

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Online Alias - Profile information that a user provides about themselves on a social networking

site for the purposes of gathering intelligence or advancing a criminal investigation.

Social Media - A category of Internet-based resources that integrate user-generated content

and user participation. This includes, but is not limited to, social networking sites (Facebook,

MySpace), microblogging sites (Twitter, Nixle), photo- and video-sharing sites (Flickr, YouTube),

wikis (Wikipedia), blogs, and news sites (Digg, Reddit).

Social Networks - Online platforms where users can create profiles, share information, and

socialize with others using a range of technologies.

Speech - Expression or communication of thoughts or opinions in spoken words, in writing, by

expressive conduct, symbolism, photographs, videotape, or related forms of communication.

Web 2.0 - The second generation of the World Wide Web focused on shareable, user-generated

content, rather than static web pages. Some use this term interchangeably with social media.

Wiki - Web page(s) that can be edited collaboratively.

455.5 PROCEDURES

Social media content shall adhere to applicable laws, regulations, and policies, including

information technology and records management policies. Employees representing the

department via social media outlets shall conduct themselves as representatives of the

Department and shall adhere to all Department and City standards of conduct.

(a) Employees will:

1. Identify themselves as members of the department

2. Observe and abide by all copyright, trademark, and service mark restrictions in

posting materials to electronic media.

(b) Employees will not:

1. Make comments regarding the guilt or innocence of suspects or arrestees.

2. Make comments concerning pending prosecutions.

3. Post, transmit or otherwise disseminate confidential or law enforcement

sensitive information, including pictures, videos, evidence, or other materials in

the department relating to training, work assignments, and enforcement efforts

without the express written permission of the Strategic Intelligence Commander.

4. Divulge information gained by reason of their authority, make statements,

speeches, appearances, and endorsements, or publish materials that could

reasonably be considered to represent the views or positions of this department

without express authorization of the Chief of Police.

5. Conduct political activities or private business on departmental social media.

6. At no time will the identity, image, or other information of a real person be used in

an undercover operation without their express written consent and that person

being documented as a Confidential Source if acting in such a capacity.

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455.6 UTILIZATION AND ACCESS TO SOCIAL MEDIA MONITORING TOOLS

No authorization is necessary for general research, topical information, or other law enforcement

uses that do not require the acquisition of an online alias.

(a) Social media may be used by Departmental personnel for a valid law enforcement

purpose. The following are valid law enforcement purposes:

1. Pre-employment background investigations.

2. Crime analysis and situational assessment reports.

3. Criminal intelligence development.

4. Criminal investigations.

(b) Information and/or intelligence gathered from social media will be evaluated to

determine source reliability and content validity (confidence levels).

and social media monitoring tools only for a valid law enforcement purpose. The on-

duty utilization of an online alias or social media monitoring tool for personal use is

prohibited and is considered employee misconduct.

(d) Employees will only utilize social media to seek or retain information that:

1. Is based upon a criminal predicate or threat to public safety, or

2. Is based upon reasonable suspicion that an identifiable individual or

organization, regardless of citizenship or U.S. residency status:

(a) Has committed an identifiable criminal offense or is involved in or is

planning criminal conduct or activity that presents a threat to any individual,

the community, or the nation and the information is relevant to the criminal

conduct or activity (criminal intelligence information), or

(b) Is relevant to the investigation and prosecution of suspected criminal

incidents; the resulting justice system response; the enforcement of

sanctions, orders, or sentences; or the prevention of crime, or

administration of criminal justice and public safety.

455.7 ALIAS AUTHORIZATION

(a) Authorization for an online alias is based upon:

1. A criminal predicate or threat to public safety; or

2. Reasonable suspicion that an identifiable individual or organization, regardless

of citizenship or U.S. residency status, has committed a criminal offense or is

involved in or is planning criminal conduct or activity that presents a threat to:

(a) Any individual, or

(b) The community, or

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(d) The information is relevant to the criminal conduct or activity.

(b) Employees seeking authorization to use an online alias must be approved by their

supervisor. The supervisor must evaluate the request to determine whether an online

alias would serve a valid law enforcement purpose. The supervisor must maintain the

requests for online alias and their status (approved/denied) for two years from the date

of deactivation of the online alias.

1. If approved, the supervisor will complete Request for use of Online Alias PD0238

and route it to the Strategic Intelligence Lieutenant. The request must include:

(a) Purpose for the request (i.e. type of investigative activity)

(b) Username/Alias

1. Do not include password(s) for online aliases.

2. Ensure password(s) are secured at all times.

(d) Photograph to be used with online alias, if applicable.

(e) Social media accounts utilized.

(f) Anticipated duration for the online undercover activity.

(g) The Strategic Intelligence Lieutenant will approve or deny all requests and

return a copy of the request to the supervisor submitting it.

(h) If there is a disagreement in the approval, the employee's commander

will confer with the Strategic Intelligence Commander. The Strategic

Intelligence Commander has final authority to approve or deny the request.

Intelligence Center.

455.8 ALIAS USE AND REVIEW

(a) All approved online undercover activity requests will be reviewed not less than every

90 days by the employee's unit supervisor to ensure continued need for the online

undercover activity.

1. Approved online undercover activity that does not provide information regarding

a valid law enforcement purpose will be discontinued.

2. A summary will be placed in the file indicating the date of termination of the

online undercover activity. The online alias may be maintained if it is anticipated

that it will be utilized again.

(b) Departmental personnel with an approved online alias may use their online alias to

make false representations in concealment of personal identity in order to establish

social media accounts.

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General Orders

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1. The establishment of a social media account with an approved online alias must

be documented by the unit supervisor.

2. Online undercover activity occurs when the agent utilizing the online alias

interacts with a person via social media.

criminal offenses have been, will be, or are being committed (e.g. internet chat rooms

where child exploitation occurs).

(d) In some instances, an Intelligence or Criminal Analyst may obtain and maintain an

on-line alias user name or password to a closed online network or site related to an

online surveillance operation. The Intelligence Division Supervisor, or designee, will

maintain a list of authorized on-line aliases used by departmental personnel.

455.9 DOCUMENTATION AND RETENTION

(a) Other than crime analysis and situational assessment reports, all information obtained

from social media websites shall be placed within a case file, suspicious activity report,

or intelligence report. At no time should departmental personnel maintain any social

media files outside of these authorized files.

(b) Crime analysis and situational assessment reports may be prepared for special events

management, including First Amendment-protected activities. If there was no criminal

activity related to the information gathered, the information obtained from the social

media monitoring tool will be retained for no more than fourteen (14) days. Information

from the social media monitoring tool that does indicate a criminal nexus will be

retained in an intelligence report, suspicious activity report, or case investigative file

pursuant to retention and destruction schedules adopted by the City.

investigation from a social media site will be collected and retained using screen

shots, printouts of chat logs, copying uniform resource locators (URL's) for subpoena

or investigatory purposes, or storing the information via secure digital means. When

possible, employees will utilize investigative computer systems and software intended

to record data from social media sites.

455.10 DISSEMINATION

Retention and dissemination of social media information within an intelligence file will be treated

in the same manner as an intelligence file. Information developed during the course of a criminal

investigation will be located in the investigative case file and retained and disseminated in the

same manner as the investigative case file.

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Field Support Operations - 476

Chapter 5 - Field Support Operations

APD General Orders Issued 7/12/2022

500

Austin Police Department

General Orders

Published with permission by Austin Police Department

Bicycle Operations - 477

Bicycle Operations

500.1 PURPOSE AND SCOPE

Bicycle operations have been shown to be an effective way to increase officer visibility,

accessibility, and response in congested areas. The purpose of this order is to provide uniform

guidelines regarding the use of bicycles by Austin Police Department personnel.

500.2 UTILIZATION AND DEPLOYMENT

The use of bicycle patrols will emphasize the mobility and visibility of the Department to the

community.

(a) Bicycles may be used for:

1. Regular Patrol duty.

2. Traffic enforcement and parking control.

3. Special events.

(b) Bicycles may be deployed to any area at any hour of the day or night in accordance

with Department needs and as staffing levels allow.

chain-of-command, a specific Commander, or the Watch Lieutenant.

500.3 POLICE BICYCLE TRAINING AND CERTIFICATION

Officers must successfully complete all required Police Mountain Bike courses in order to use a

bicycle during their normal course of duty.

(a) Officers interested in becoming a Certified Bicycle Officer by attending the initial Police

Mountain Bike course must meet each of the following requirements:

1. Have two or more years of police service with the Department unless otherwise

approved by a supervisor; and

2. Get supervisor permission prior to signing up for the Police Mountain Bike

course; and

3. Pass a prerequisite Fitness Assessment conducted by the APD Wellness Office

or pass a Physical (for strenuous activity) by your personal physician within 6

months prior to the first day of class.

(b) Priority for acceptance into the Police Mountain Bike course shall go to officers

assigned to a full-time Bicycle assignment (e.g., Downtown Patrol).

Refresher course as required.

500.4 BICYCLE OFFICER RESPONSIBILITIES

This section establishes the specialized procedures for officers that work any part of their assigned

duty on a bicycle.

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(a) Bicycle Officers shall follow all guidelines outlined in Department General Orders, the

Police Mountain Bike course, and any subsequent refresher courses.

(b) Bicycle Officers must operate the bicycle in compliance with the Transportation Code

under normal operation (Tex. Transp. Code § 551.101 et seq.).

1. Bicycle Officers may operate the bicycle without lighting equipment during hours

of darkness when such operation reasonably appears necessary for officer

safety and tactical considerations. Officers must use caution and care when

operating the bicycle without lighting equipment.

following conditions (Tex. Transp. Code § 546.002):

1. In the execution of daily law enforcement activities and/or tactical considerations.

2. In response to an emergency call.

3. While engaged in rescue operations.

4. In the immediate pursuit of an actual or suspected violator of the law.

(d) Bicycle Officers should be deployed in teams of two.

500.5 REQUIRED UNIFORM AND EQUIPMENT

(a) Bicycle Officers shall:

1. Only use a Department issued bicycle and Department approved equipment in

the course of their duties.

2. Wear the Department approved uniform and safety equipment (e.g., helmet with

face shield and gloves) while operating a police bicycle.

3. Carry the same required equipment on their duty belt as a regular Patrol

assignment.

4. Be responsible for obtaining the necessary forms, citation books and other

equipment to perform the duties of their regular assignment and have these

available while using a police bicycle.

(b) Bicycle Officers may wear Department approved bicycle eyewear and footwear while

operating a police bicycle.

500.6 HANDLING POLICE BICYCLES

The following section outlines the guidelines for Police Bicycles:

(a) Accountability.

(b) Care and Use.

(d) Storage Locations.

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500.6.1 ACCOUNTABILITY

Each authorized unit that utilizes Bicycle Officers shall be allocated a specific number of bicycles.

(a) A supervisor shall be responsible for the assignment of allocated bicycles to unit

personnel.

(b) Officers shall not use a bicycle that is assigned to another unit without approval of a

supervisor.

a supervisor or there is an emergency.

(d) During prolonged periods of non-use, each unit assigned a bicycle shall periodically

rotate the equipment batteries on unused bicycles in order to increase battery life.

500.6.2 CARE AND USE

(a) Officers shall conduct a preliminary inspection of the bicycle and equipment prior to

each use to ensure proper working order of the equipment (e.g., tire pressure, brakes,

chain lubrication).

(b) Officers should not expose the bicycle to unreasonable hazards or abuse.

in exigent circumstances.

(d) Bicycle racks are available on certain police vehicles should the officer need to

transport the bicycle. Due to possible component damage, transportation of the bicycle

in a trunk or on a police unit push-bumper is discouraged.

(e) Bicycle batteries shall be rotated on the assigned charger at the end of each tour of

duty.

(f) Officers shall return the bicycle clean and ready for the next tour of duty at the end

of their assignment.

500.6.3 REPAIR AND MAINTENANCE

Bicycles shall have scheduled maintenance conducted throughout the year as outlined in the

Bicycle Maintenance Contract.

(a) Repair of flat tires shall be the responsibility of each individual Bicycle Officer.

(b) For all other repairs, Bicycle Officers should complete a repair work order and transport

the bicycle to the designated Department bicycle repair location.

1. Bicycle Officers may be issued a temporary spare bicycle, if one is available,

until the primary bicycle is repaired.

500.6.4 STORAGE LOCATIONS

Every bicycle storage location must have at least two tire pumps, a first aid kit, repair tool kits, tire

tubes, equipment information, and use manuals.

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500.7 RECORDS MANAGEMENT AND REPORTING

Records will be kept on each bicycle and its associated Department issued equipment by Police

Equipment and the Commander or designee of where bicycles are assigned.

(a) Each Command will utilize the Department Bicycle Sign-Out Form.

(b) All bicycles will be numbered with the first two initials of the bike make and last four

of the serial number.

consist of repair requests and all documented maintenance/repairs performed.

(d) An annual Department bicycle inventory and inspection shall be conducted by Police

Equipment to determine the number of bikes in each chain-of-command. The inventory

and inspection shall include all associated serial number(s), equipment, and personnel

assignment(s).

500.8 ANNUAL INSPECTION AND INVENTORY

All personnel shall assist and cooperate with the Risk Management Unit when conducting

staff inspections as well as the Police Equipment Unit when conducting an annual inventory.

Discrepancies and or deficiencies noted during these inspections will be corrected in a timely

manner by the appropriate responsible party.

APD General Orders Issued 7/12/2022

503

Austin Police Department

General Orders

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Canine Unit - 481

Canine Unit

503.1 PURPOSE AND SCOPE

The purpose of this order is to establish the guidelines and procedures for using the APD Canine

Unit.

503.2 UTILIZATION OF THE CANINE UNIT

(a) The Canine Unit may be requested for the following situations:

1. To locate suspects that have fled on foot from officers, or from the scene of a

crime, for Class B and above offenses, and suspects related to window peeping

(Tex. Penal Code § 42.01(a)11);

2. Residence and building searches w/forced entry or when information exists that

a criminal suspect may still be inside (e.g. real-time audio/video, etc.);

3. Article searches when evidence may be located (e.g., gun, knife);

4. High risk traffic stops; and

5. To locate Missing, lost, or injured persons when exigent circumstances exist. If

no exigent circumstances exist, AFD Search and Rescue should be utilized.

(b) The Canine Unit shall not be utilized:

1. When a suspect cannot be identified or linked to a crime (e.g., insufficient

physical description, no witness).

2. For crowd control (e.g., demonstrations, regular crowd control).

3. During questioning or interrogation of a suspect.

4. To transport prisoners.

5. For routine Patrol calls or arrests.

503.3 ON-SCENE PROCEDURES

(a) Officers at the scene of an incident where a Canine Team may be needed should do

the following:

1. Set an immediate search perimeter;

2. Notify a supervisor and request approval to utilize the Canine Unit;

3. Request Communications to contact the available or on-call Canine Team; and

4. Stay at the location where the suspect was last seen until the Canine Team

arrives.

(b) All officers on the perimeter shall stay in or next to their vehicle with all emergency

lights activated.

directed to do so by a Canine Officer.

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1. If a suspect moves within the perimeter, officers shall remain on the perimeter

and the ranking officer or Canine Officer on-scene will readjust the perimeter

as needed.

2. This does not prohibit an officer from making an immediate arrest or preventing

the escape of a suspect out of the perimeter.

(d) Officers shall not place themselves between a working canine and a suspect at any

time.

(e) The Canine Officer has the final decision on when and how the canine is utilized on

any call.

503.4 USE OF OTHER AGENCY CANINE UNITS

Due to strict APD Canine Unit orders, training, and national certification, no outside agency's

Canine Unit shall be called or allowed to be utilized on an APD initiated call without authorization

from the APD Canine Unit supervisor.

This does not restrict an outside agency from using its own Canine Unit on any call that the agency

initiates which then enters APD jurisdiction (e.g., vehicle pursuits).

APD General Orders Issued 7/12/2022

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Austin Police Department

General Orders

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Air Operations and Air Support - 483

Air Operations and Air Support

504.1 PURPOSE AND SCOPE

The use of the air support can be invaluable in certain situations. This order specifies potential

situations where use of air support may be requested and the responsibilities for making a request.

504.2 REQUEST FOR AIR SUPPORT ASSISTANCE

APD Air Operations shall be the primary responder for all aircraft assistance requests originating

within the Department.

(a) If a supervisor or officer in charge of an incident determines that the use of air support

would be beneficial, a request for APD Air Operations shall be made by contacting

Communications.

(b) If APD Air Operations is unavailable or off-duty and an officer needs aircraft assistance

to conduct law enforcement related activities, a request to another law enforcement

agency or Starflight shall be made through an APD Air Operations supervisor or the

Watch Lieutenant as follows:

1. When the situation involves imminent danger to officers or the public, the

request for assistance must be approved by the Watch Lieutenant. The Watch

Lieutenant will then immediately notify Air Operations supervisor.

2. For all other law enforcement related situations, a supervisor shall contact the

on-duty or on-call Air Operations supervisor to determine the appropriate course

of action.

the officer shall notify Communications of the victim's age, sex and injuries and request

EMS. The decision to call Starflight for medical purposes is the responsibility of EMS

ground units. Officers shall be responsible for setting up and maintaining a landing

zone as outlined in this order.

504.2.1 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED

While it is recognized that the availability of air support will generally provide valuable assistance

to ground personnel, the presence of air support will rarely replace the need for officers on the

ground.

Law enforcement air support may be requested under any of the following conditions:

(a) When the aircraft is activated under existing mutual aid agreements.

(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence

of the aircraft may reduce such hazard.

continued freedom represents an ongoing threat to the community.

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(d) When an aircraft is needed to locate a person who is missing and whose continued

absence constitutes a serious health or safety hazard.

(e) Vehicle pursuits.

504.3 ROTARY AIRCRAFT LANDING ZONE GUIDELINES

In the event a rotary aircraft needs to land, officers shall establish and maintain a landing zone.

(a) Establishing a Landing Zone

1. Preferably 60 ft. by 60 ft.; and

2. Hard road surface, if possible, otherwise grass or dirt areas if a paved road is

not available; and

3. No obstructions such as telephone wires, power lines, poles, structures or

vehicles; and

4. No debris on the ground (remove any objects that may be blown around).

Officers are also reminded to remove hats or caps which may be blown away

during landing and take-off.

(b) Marking the Landing Zone

1. All emergency lights, spotlights, and headlights shall be turned off during landing

and take-off.

2. Vehicle parking lights may be left on for landing recognition purposes.

1. At least two (2) officers should be used to secure the landing zone.

2. All personnel and vehicles shall be kept out of the landing zone prior to landing,

while the aircraft is on the ground, and during its take off.

3. The pilot has responsibility for, and final authority over, everyone and everything

within the immediate area of the landing zone.

4. Officers shall not approach the aircraft from the rear or sides. Approaches to

the aircraft shall be made only to the front, and only after the pilot has signaled

approval for the approach.

5. No smoking or open flames are allowed within 100 feet of the aircraft.

6. When the aircraft is ready to depart, officers shall ensure the established landing

zone area is clear of vehicles and pedestrians.

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Chapter 6 - General Support Operations

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Austin Police Department

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Victim Services

601.1 PURPOSE AND SCOPE

The Victim Services Division (VSD) was created in 1981 to respond to crime victims' psychological

and emotional needs. This is achieved through crisis intervention, counseling, advocacy,

education, information, and referral for victims of crime and trauma, individuals with mental illness,

witnesses, families of crime and trauma victims, first responders, investigative units, and on a

larger scale, the neighborhoods and communities in which they live.

VSD also provides assistance to criminal justice personnel, the community and others in non-

crime situations. The overall mission is to positively impact the quality of life for Austin residents

by assisting victims/survivors, and families/neighborhoods who have experienced crime and/or

trauma.

601.2 VICTIM SERVICE DIVISION PERSONNEL RESPONSE

(a) VSD personnel shall respond immediately to any request for assistance.

(b) VSD personnel shall automatically be dispatched on the following incidents:

1. Partial or Citywide disasters (e.g., aviation, criminal, natural or man-made).

2. Any death of an APD employee.

3. All adult and child sexual assaults regardless if it just occurred or is a delayed

report.

1. Homicides, suicides, child deaths, and fatality collisions.

2. Robberies & aggravated robberies (e.g., banks, restaurants, motels).

3. Aggravated assaults (child, family or adult).

4. Family violence.

5. Child/elderly abuse or neglect.

6. Hostage/barricade incident and SWAT/hostage negotiator call outs.

7. Attempted suicides.

8. Any death of an APD employee's family member.

9. Unexpected death of any City employee.

(d) Officers on the scene of any incident may request VSD personnel when they determine

assistance may be needed.

(e) VSD personnel may respond to an incident without being requested, but only when

a scene is determined to be safe.

(f) VSD personnel shall be contacted by the officer if the victim requests their services.

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601.3 ON-SCENE PROCEDURES

(a) When VSD personnel are dispatched or respond to an incident and the scene is

deemed safe, counselors shall:

1. Immediately notify the officer in charge that they are present.

2. Stand by for an officer to complete their contact and release the subject(s) to

the counselor.

(b) VSD personnel may be left at the scene only if the officer and counselor agree the

scene is safe.

1. If the officer deems the scene is unsafe and needs to return to duty, VSD

personnel must:

(a) Take any subjects to a safe location (e.g., a Department facility, shelter,

friend's/family's residence); or

(b) Leave the scene and advise the subjects of community resources and

referrals.

documenting their observations and actions.

601.4 SUPPORT SERVICES PROVIDED

(a) VSD personnel provide trauma-counseling, referrals and follow-up services to victims,

witnesses, survivors, and community members. These services are provided through

counselors working with the various Patrol, Support, and Investigative Units of the

Department.

(b) VSD personnel provide death notification services in conjunction with the Travis

County Medical Examiner's Office and the appropriate investigative unit.

1. Potential eligibility for compensation under State law and the assistance

available in filing a claim; and

2. State constitutional rights.

(d) VSD personnel are also responsible for coordinating the Department's policies

and procedures concerning General Order 607 (U-Visa Nonimmigrant Status

Certifications).

601.4.1 CRIME VICTIM LIAISON

The Austin Police Department VSD is the designated crime victim liaison for the Department.

As the liaison, the VSD is responsible for ensuring that crime victims are afforded the rights

granted to them under 56.02 of the Texas Code of Criminal Procedures. VSD personnel will

be the point of contact for individuals requiring further assistance or information from the Austin

Police Department regarding benefits from crime victim resources. This includes notifying victims/

survivors of violent crimes their potential eligibility for compensation under State law and the

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assistance available in filing a claim. VSD shall also be responsible for maintaining compliance

with all legal mandates related to crime victims and/or witnesses.

601.5 INFORMATION FOR ALL VICTIMS OF CRIME AND TRAUMATIC EVENTS

All Department personnel, including officers, are responsible for providing victims of crimes against

persons and traumatic events with victim assistance information. This information is contained in

the English (pink) and Spanish (yellow) brochures entitled "Victim Assistance Information". These

brochures are provided to the Department by Victim Services personnel upon request.

(a)

Information for victims include:

APD incident report number, when applicable.

Appropriate Investigative Unit, when applicable.

Information on appropriate internal and external referrals.

Information on crime victims compensation.

Notice to adult victims of domestic violence.

Recognizing intimate partner abuse.

Information for parents on child exposure to family violence.

Safety planning.

Rights of crime victims.

601.6 COMMITMENT TO TRAINING

VSD personnel provide training on basic victimology, procedures, special services, types of

victims, trauma impact and reactions. This training is provided to:

(a) APD Cadet classes.

(b) Department in-service training.

(d) Community groups.

(e) Other law enforcement agencies.

(f) State and federal agencies.

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Austin Police Department

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Chaplain Unit

602.1 PURPOSE AND SCOPE

The Austin Police Department Chaplain Unit is established for the purpose of providing spiritual

and emotional support to all members of the Department, their families, and members of the public.

602.2 POLICY

The Chaplain Unit shall be an interdenominational, ecumenical ministry provided by volunteer

clergy. With the exception of gratuities for wedding services, chaplains may not accept gratuities

for services or follow-up contacts while functioning as a chaplain for the Austin Police Department.

The Department may, at its discretion, provide financial compensation for the supervision of the

Chaplain Unit.

602.3 GOALS

(a) Members of the Chaplain Unit shall fulfill the program's purpose in the following

manner:

1. By providing counseling, spiritual guidance and insight for Department personnel

and their families.

2. By being alert to the spiritual and emotional needs of Department personnel and

their families.

3. By familiarizing themselves with the role of law enforcement in the community.

4. By serving as a resource for departmental personnel when dealing with the

public in such incidents as accidental deaths, suicides, suicidal subjects, serious

crashes, drug and alcohol abuse, critical incidents, and other such situations

that may arise.

5. By providing an additional link between the community, other chaplain programs,

and the Department.

(b) The Chaplain Advisory Committee exists to continually oversee chaplains'

qualifications and conduct while providing service to the Department.

602.4 DUTIES AND RESPONSIBILITIES

The duties of a chaplain may include, but are not limited to, the following:

(a) Assist in making notification to families of Department personnel who have been

seriously injured or killed, where necessary.

(b) Visit sick or injured law enforcement personnel in the hospital or home.

members of the Department and their families.

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(d) Assist sworn personnel in the diffusion of a conflict or incident when requested by on-

scene staff.

(e) Maintain an active presence of the Chaplain Unit by riding out with officers on a regular

basis. Chaplains are exempt from completing the Police Observer Information Form.

(f) Respond to critical incidents, natural and accidental deaths, suicides and attempted

suicides, family disturbances and any other incident that in the judgment of the Watch

Lieutenant or supervisor aids in accomplishing the Department's mission.

(g) Be on call and, if possible, on-duty for incidents as assigned by the Chaplain Unit

supervisor.

(h) Counsel officers and other personnel with personal problems, when requested.

(i) Attend Department ceremonies, academy graduations and social events and offer

invocations and benedictions, as requested.

(j) Be responsible for the organization and development of spiritual organizations and

support groups within the Department.

(k) Respond to all major disasters such as earthquakes, bombings and similar critical

incidents.

(l) Provide liaison with other religious leaders of the community.

(m) Assist public safety personnel and the community in any other function of the clergy

profession, as requested.

(n) Participate in in-service training classes.

(o) Be willing to train to enhance effectiveness.

(p) Promptly facilitate requests for representatives of clergy of other denominations and

religions.

(q) Make referrals in cases where specialized attention is needed or in cases that are

beyond the chaplain's ability to assist.

602.5 CONFIDENTIALITY

Except as otherwise specified, matters of a personal nature that are discussed between chaplains

and others shall remain private and confidential. Members of the clergy are not required to reveal

penitential communications. However, clergy must report child, elder or dependent adult abuse

discovered while acting in any of the following capacities:

(a)

Marriage, family or child counselor.

(b)

Religious practitioner who diagnoses, examines or treats children, elders or dependent

adults.

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Austin Police Department

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Auxiliary and Support Services

605.1 PURPOSE AND SCOPE

The Department utilizes a variety of civilian personnel who assist in delivering day-to-day law

enforcement services to the community. This order serves to identify the various programs and

support services these civilian personnel provide.

605.2 SERVICES AND PROGRAMS AVAILABLE

605.2.1 COMMUNICATION FACILITATOR PROGRAM

The APD Communication Facilitator (CF) Program is a branch of the Community Liaison

Office that utilizes a volunteer work force to strengthen community relations and build strong

partnerships.

(a) The goal and mission of the CF Program is to remove the Spanish language barrier

between APD Officers and the Spanish speaking public. This allows Officers the

opportunity to complete required law enforcement duties and affords the Spanish

speaking public equal access to the justice system.

(b) In addition, the CF Program strives to remove other communication obstacles like

behavior or attitude resulting from cultural differences between the Spanish speaking

public and APD Officers not familiar with Spanish cultural issues.

request the assistance of the Communication Facilitators via APD Communications.

605.2.2 CRIME PREVENTION SPECIALIST

The primary function of the crime prevention specialist is the development, implementation,

and evaluation of various citizen awareness programs offered to the Austin community. These

programs promote public awareness and citizen involvement through a wide range of activities.

605.2.3 CRIME SCENE AND PROPERTY CRIME RESPONSE UNIT

The Crime Scene and Property Crime Response Unit is responsible for handling those property

crimes not requiring the immediate attention of an officer, taking reports from citizens, and

processing crime scenes for evidence. Personnel are also responsible for providing expert

testimony in criminal cases regarding their areas of support.

605.2.4 DOWNTOWN RANGERS

The primary role of the Downtown Ranger Program is to be "goodwill ambassadors" for the Public

Improvement District within downtown Austin. They provide information about points of interest

and provide assistance to visitors and business owners while being a visible street presence in

the downtown area. Downtown Rangers maintain direct communication with APD officers and

dispatchers using police radio channels.

605.2.5 LAW ENFORCEMENT EXPLORERS

A program that gives young men and women between the ages of 14 and 20 an opportunity to:

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(a) Interact and work with police officers;

(b) Learn more about available career opportunities; and

Explorers also assist various APD Units with community outreach programs and community

service projects. Explorers may be allowed to participate in the Patrol Observer Program which

gives them an opportunity to observe Patrol work firsthand.

605.2.6 VOLUNTEERS IN POLICING

Volunteers in Policing (VIPs) is designed to find quality volunteers who will enhance the work of

the Austin Police Department by building partnerships and strengthening relationships between

APD and the community. Volunteers work in various areas of the Department and may be trained

to provide support during a catastrophic event.

605.3 TRAINING REQUIRED

Each program position has minimum training requirements; these are specified in a respective

Unit standard operating procedures manual.

For some positions, training may include the use of OC spray and proper reporting procedures

required by the Department after its use.

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607

Austin Police Department

General Orders

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U-Visa Nonimmigrant Status Certifications -

493

U-Visa Nonimmigrant Status Certifications

607.1 PURPOSE AND SCOPE

U-Visa Nonimmigrant Certification ("Certification") extends temporary legal status to foreign

nationals who are victims of a qualifying crime or criminal activity. APD will consider issuing U-

Visa Nonimmigrant Status Certification on a case-by-case basis.

607.1.1 DEFINITIONS

Qualifying Crime or Criminal Activity - As listed in 8 U.S.C. § 1101(a)(15)(U), one or more of the

following or any similar activity in violation of Federal, State, or local criminal law: rape; torture;

trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual

exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave

trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion;

manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or

attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

607.2 STATEMENT OF CERTIFICATION INTENT

APD's intent is to consider issuance of Certification to those individuals who prove willing to

assist in furtherance of the law enforcement purposes of detecting, investigating, and prosecuting

crimes. APD's decision to provide an applicant with a Certification is entirely discretionary. A victim

who receives a Certification has an ongoing responsibility to assist APD in the investigation or

prosecution of crime(s) listed on their Form I-918, Supplement B.

607.3 ELIGIBILITY FOR U-VISA NONIMMIGRANT STATUS

To be eligible for Certification, a person must:

(a) Be a victim of a qualifying crime or criminal activity; and

(b) Cooperate with law enforcement and the criminal justice systems throughout the

investigation and prosecution of the qualifying crime or criminal activity.

607.4 AUTHORITY TO ISSUE CERTIFICATIONS

A lieutenant over the Violent Crime Units is designated by the Chief of Police to issue Certifications

on behalf of APD.

607.5 CERTIFICATION PROCEDURES

(a) The I-918 Supplement B, U-Visa Nonimmigrant Status Certification, and associated

instructions is available in the UVISA folder on APD Sharepoint.

(b) Requests for Certification must be submitted in writing to

[email protected].

Team.

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(d) The UVISA Certification Review Team will make a recommendation for approval or

denial of the certification as soon as possible, but no more than 90 days from the date

of receipt of the request.

(e) The UVISA Certification Review Team will forward their recommendations to the

designated lieutenant for their review.

(f) After reviewing the recommendations from the UVISA Certification Review Team, the

lieutenant will make the decision to approve or deny the request. The decision will be

final and not subject to appeal.

(g) All requests and their dispositions will be stored according to APD's record retention

general order.

607.6 REFERRALS OF APPLICANT TO OTHER CERTIFYING AGENCIES

If APD determines it will not issue Certification in a particular case, it may refer the requester to:

(a) a Federal, State or Local Law Enforcement agency.

(b) a Prosecutor.

(d) the Department of Family and Protective Services.

(e) the EEOC.

(f) the Department of Labor.

607.7 NOTIFICATION OF REFUSAL TO ASSIST

If an individual unreasonably refuses to assist in the investigation or prosecution of the qualifying

crime or criminal activity after certification has been granted and the I-918 Supplement B has been

submitted to the U.S. Citizenship & Immigration Service (USCIS), the authorized Investigative Unit

Sergeant shall notify the USCIS in writing of the refusal to assist.

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Austin Police Department

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Interpreter Services - 495

Interpreter Services

609.1 PURPOSE AND SCOPE

Immediate language interpretation services are available 24 hours a day by phone. Qualified

interpreters for those who are deaf or hard of hearing are available to respond to the scene upon

request.

609.2 LANGUAGE INTERPRETER SERVICE

(a) The Language Interpreter Service should be used when interpretation is necessary to

provide services to the public and to perform police duties.

(b) The Language Interpreter Service should not be used:

1. For interpretation for Spanish-speaking persons, unless a Spanish-speaking

officer is not available, or unless exigent circumstances require immediate

translation.

2. When other means are available, unless this would jeopardize the investigation.

3. For long interrogations, confessions, or statements.

1. Request the APD Communications supervisor notify the interpreter service;

(a) Communications will provide the employee with any applicable agency

identification number/code needed when contacting the service.

2. Provide the interpreter service with the agency identification number/code if

required, the requester's employee number, and the language required.

3. The employee should explain to the interpreter what is needed.

(d) All calls made from CTECC will be recorded. If a copy of the conversation and

translation is needed for evidentiary purposes, a copy should be requested from APD

Communications.

609.3 INTERPRETERS & OTHER COMMUNICATION FACILITATION SERVICES FOR

THOSE WHO ARE DEAF OR HARD OF HEARING

Qualified interpreters and other communication facilitation services for those who are deaf or hard

of hearing are available at all hours. Instructions for obtaining their services are available through

APD Communications, the Booking Desk, Centralized Investigations and Municipal Court.

When choosing what type of interpretation, auxiliary aids, or other communication facilitation

services to use or provide, employees should give primary consideration to the request made by

the person who is deaf or hard of hearing.

609.3.1 INTERVIEWING A SUBJECT TO ESTABLISH PROBABLE CAUSE

If an officer needs to interview a subject who is deaf or hard of hearing to determine if there

is probable cause to make an arrest, an interpreter or other service must be provided if written

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communication is ineffective. When an officer cannot wait until an interpreter or other service

arrives, the following procedures apply:

(a) Minor Offenses

1. If possible, postpone the interview until an interpreter or other service is

available. If an interpreter or other service is not available in a reasonable period

of time, the officer must document the investigation as completely as possible

for later follow-up by the appropriate investigative unit.

(b) Serious Offenses

1. If an interpreter or other service is not available in a reasonable period of time,

a supervisor shall be contacted to decide if an investigator should be called

in to wait for an interpreter or other service. If the supervisor decides that an

investigator should not respond, the officer must document the investigation as

completely as possible for later follow-up by the appropriate investigative unit.

609.3.2 COMMUNICATING WITH A SUSPECT BEFORE ARREST

If probable cause exists for the arrest of a person who is deaf or hard of hearing and the same

standard would apply to a suspect who is not deaf or hard of hearing, then no interpreter or other

service would be required before arrest unless the officer is unable to convey the nature of the

criminal charges.

If the arrestee requests the opportunity to communicate through an interpreter or other service,

the arrestee should be transported to the Central Booking facility. Either the arresting officer or the

transporting officer can convey the information through the interpreter or other service upon arrival.

609.3.3 INTERROGATING AN ARRESTEE

If an officer cannot inform the arrestee of the Miranda warnings without the use of an interpreter or

other service, then the officer must secure an interpreter or other service before any interrogation.

(a) Suspects who are deaf or hard of hearing must be provided an interpreter or other

service before any interrogation whenever one is needed for effective communication.

If exigent circumstances do not allow a delay in the interrogation of the arrestee and

an interpreter or other service cannot respond within a reasonable period, the officer

may go on with the interrogation only if:

1. The arrestee can understand the Miranda warnings as given; and

2. The arrestee specifically declines the opportunity to have an interpreter or other

service present or available.

(b) If written communication becomes ineffective, the officer must stop the interrogation

and wait until an interpreter or other service is present or available.

609.3.4 COMMUNICATING WITH A TRAFFIC VIOLATOR

If a person who is not deaf or hard of hearing would be issued a traffic citation without the need

of being questioned, then a person who is deaf or hard of hearing in the same situation does not

need to be provided an interpreter.

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If an officer has stopped a subject for a traffic violation and is unable to convey the nature of

the infraction through written communication or the use of other means, the officer should use

discretion about whether to call an interpreter or other service or to issue a warning rather than

a citation.

609.3.5 INTERVIEWING A VICTIM OR CRITICAL WITNESS

If officers can communicate effectively in writing with a person who is deaf or hard of hearing,

they may proceed with an interview using a notepad or electronic device (written notes should be

retained). However, if an investigating officer is unable to communicate effectively with a victim or

a critical witness, the officer must utilize an interpreter or other communication facilitation service.

If the officer cannot wait until an interpreter or other service arrives, the following procedures apply:

(a) Minor Offenses

1. Have an interpreter or other service dispatched to the victim's or critical witness's

location and request APD Communications re-contact the officer when the

interpreter arrives; or

2. The officer may ask the victim or critical witness to come voluntarily to the

station when an interpreter or other service is available. When the victim/witness

arrives, the investigating officer may then return to the station to complete the

investigation or arrange for follow-up by the appropriate investigative unit.

(b) Serious Offenses

1. When the victim or witness is deaf or hard of hearing and is critical to establishing

probable cause for an arrest or for completing the investigation, the investigating

officer must contact the appropriate supervisor before leaving the scene. The

supervisor will decide if an investigator will be called in to wait for an interpreter or

other service. If the supervisor decides that an investigator should not respond,

the officer must document the investigation as completely as possible for later

follow-up by the appropriate investigative unit.

609.3.6 SPECIAL COMMUNICATION FACILITATION CIRCUMSTANCES

In circumstances where an interpreter or another communication facilitation service is required,

employees may not rely on the family members, friends, or other persons accompanying a person

who is deaf or hard of hearing to provide interpretation or communication facilitation services

except as specifically permitted by this order.

(a) If the person accompanying the person who is deaf or hard of hearing is an adult,

then employees may rely on the accompanying adult to provide interpretation or

communication facilitation services only when:

1. There is an emergency involving an imminent threat to the safety or welfare of an

individual or the public and no department-provided interpreter is immediately

available; or

2. The person who is deaf or hard of hearing specifically requests that

the accompanying adult provide interpretation or communication facilitation

services, the accompanying adult agrees to provide such assistance, and

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reliance on that adult for such assistance is appropriate under the circumstances

(e.g., such assistance may not be appropriate if the person who is deaf or hard

of hearing is a suspect in a serious criminal offense).

(b) If the person accompanying the person who is deaf or hard of hearing is a child, then

employees may rely on the child to provide interpretation or communication facilitation

services only in an emergency involving an imminent threat to the safety or welfare

of an individual or the public and no department-provided interpreter is immediately

available.

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Austin Police Department

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Crime Analysis - 499

Crime Analysis

610.1 PURPOSE AND SCOPE

Crime Analysis can aid in disseminating appropriate information to authorize personnel both

internally and externally. Crime Analysis should provide currently useful information to aid

operational personnel in meeting their tactical crime control and prevention objectives by

identifying and analyzing methods of operation of criminals, providing crime pattern recognition,

and providing analysis of data from field interviews and arrests. Crime analysis can be useful to

the Department's long range planning efforts by providing estimates of future crime trends and

assisting in the identification of enforcement priorities.

610.2 DATA SOURCES

Crime analysis data is extracted from many sources including, but not limited to:

(a) Crime reports

(b) Field interviews

(d) Department of Public Safety - Crime Records Service

(e) Open Record / Public Information Sources

610.3 CRIME ANALYSIS FACTORS

The following minimum criteria should be used in collecting data for crime analysis:

(a) Frequency by type of crime

(b) Geographic factors

(d) Victim and target descriptors

(e) Suspect descriptors

(f) Suspect vehicle descriptors

(g) Modus operandi factors

(h) Physical evidence information

610.4 CRIME ANALYSIS DISSEMINATION

For a crime analysis system to function effectively, information should be disseminated to the

appropriate units or persons on a timely basis. Information that is relevant to the operational and

tactical plans of specific line units should be sent directly to that unit. Information relevant to the

development of the Department's strategic plans should be provided to the appropriate staff units.

When information pertains to tactical and strategic plans, it should be provided to all affected units.

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Communication Operations

612.1 PURPOSE AND SCOPE

The basic function of the communications system is to satisfy the immediate information needs of

the law enforcement agency in the course of its normal daily activities and during emergencies.

The latter situation places the greatest demand upon the communications system and tests

the capability of the system to fulfill its functions. Measures and standards of performance are

necessary to assess the effectiveness with which any department, large or small, uses available

information technology in fulfillment of its mission.

612.1.1 FCC COMPLIANCE

Austin Police Department radio operations shall be conducted in accordance with Federal

Communications Commission (FCC) procedures and guidelines.

612.2 COMMUNICATION OPERATIONS

This department provides 24-hour telephone service to the public for information or assistance

that may be needed in emergencies. The ability of citizens to telephone quickly and easily for

emergency service is critical. This department provides access to the 9-1-1 system for a single

emergency telephone number. This department has two-way radio capability providing continuous

communication between CTECC and officers.

612.3 TELECOMMUNICATOR TRAINING

All personnel hired as telecommunicators shall be trained as necessary in the operation of the

communications equipment and in Department operations. All telecommunicators are required to

complete TCOLE Basic Telecommunicator Course and required NCIC/TCIC courses within one

year of assignment.

612.3.1 TCOLE TELECOMMUNICATOR TRAINING

Any person hired as a telecommunicator shall complete at least 40 hours of training as determined

by the TCOLE (Tex. Occ. Code § 1701.405 et seq.).

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Austin Police Department

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Central Records Procedures

614.1 PURPOSE AND SCOPE

The Central Records Manager shall maintain the Department Central Records Procedures Manual

on a current basis to reflect the procedures being followed within the Central Records. Policies

and procedures that apply to all employees of this department are contained in this chapter.

614.2 FILE ACCESS AND SECURITY

Austin Police Department employees shall not access, view or distribute, or allow anyone else to

access, view or distribute any record, file or report, whether hard copy or electronic file format,

except in accordance with department order, and with a legitimate law enforcement or business

purpose or as otherwise permissible by law.

All reports including, but not limited to, initial, supplemental, follow-up, evidence and all reports

related to a case shall be maintained in a secure manner accessible only to authorized APD

personnel.

614.3 REPORTS TO THE DEPARTMENT OF PUBLIC SAFETY

The Central Records Manager will ensure that all offenses listed under Tex. Penal Code § 22.011

and Tex. Penal Code § 22.021 are reported on a monthly basis to the Texas Department of Public

Safety as mandated (Tex. Gov't Code § 411.042 and 37 Tex. Admin. Code § 27.121). The Central

Records Manager should promptly advise the Chief of Police if this mandated reporting will be

delayed for any reason.

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Austin Police Department

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Public Safety Camera System

616.1 PURPOSE AND SCOPE

The Public Safety Camera system assists the Department in the identification of criminal activity as

it is occurring, the prevention and deterrence of criminal activity, and the capture of video evidence

to support prosecutions in cases of criminal activity. This is accomplished through the use of overt

cameras in public areas.

The primary use of the cameras will be to enhance public safety in areas where the safety and

security of individuals are at increased risk. The cameras are installed at the direction of the

Department and operated in such a manner that will protect individual privacy rights.

The decision to place cameras in specific locations will be made based on current crime data,

large crowd events, or community requests. The Department acknowledges that real-time camera

monitoring of the public safety cameras is ideal but that this may not always be feasible due to

resource constraints.

616.2 PUBLIC SAFETY CAMERA SYSTEM OPERATION

(a) Information obtained through the public safety cameras shall only be used for lawful

law enforcement purposes. Information shall not be sought, gathered, or retained if

there is reason to believe such information was gathered or retained in violation of

local, state or federal law, or Department General Orders.

(b) The Department will utilize reasonable means to ensure compliance with the law when

a legal expectation of privacy exists.

used as part of a specific suspect description and information shall not be sought,

gathered, or retained solely on the basis of:

1. Race, ethnicity, citizenship, age, disability, gender, or sexual orientation; or

2. Participation in a particular organization or event; or

3. Religious, political, or social views or activities.

616.2.1 PROGRAM MONITORING OFFICERS

Only personnel specifically trained in the operation of the public safety camera system will be

allowed to use, monitor and manage the camera system. Trained officers will conduct safety

camera monitoring only from the Public Safety Camera Command and Control Center, or other

designated monitoring stations as recommended by the Public Safety Camera Advisory Board.

616.2.2 TRAINING

All designated Public Safety Camera operating officers and supervisors shall receive the following

training prior to being authorized to use any camera equipment:

(a) How to properly operate the public safety camera equipment; and

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(b) Department policies and procedures; and

616.2.3 TEMPORARY MOBILE CAMERA GUIDELINES

(a) In the event the temporary use of a public safety camera is warranted, one or more

mobile cameras may be utilized.

1. Approval for the mobile camera(s) must first be obtained from the affected

assistant chief.

2. Mobile camera(s) shall contain the same or similar signage to the stationary

public safety camera locations.

3. Use of these mobile camera(s) will be temporary, logged, and reported during

regular Public Safety Camera Advisory Board meetings.

616.3 PUBLIC SAFETY CAMERA ADVISORY BOARD

The Public Safety Camera Advisory Board is comprised of the following personnel:

(a) Intelligence Division Commander.

(b) Austin Assistant City Attorney.

(d) Crime Data Advisor (APD Crime Analysis).

The Intelligence Division Commander will assume the role of Technical Advisor and Chairperson

over the Board and conduct the business of the Public Safety Camera Advisory Board as outlined

in this order.

616.3.1 BOARD DUTIES AND RESPONSIBILITIES

The Public Safety Camera Advisory Board is responsible for making recommendations regarding

APD's Public Safety Camera system to the Chief of Police. The Public Safety Camera Advisory

Board shall:

(a) Review all requests for camera placement, relocation and removal.

(b) Analyze the effectiveness of camera placement/relocation.

final approval.

(d) Ensure annual audits of the Public Safety Camera system are completed as outlined

in this order.

(e) Review current program training and make recommendations to the Chief regarding

changes or improvements to training for the Public Safety Camera system.

(f) Prepare an annual report to the Chief of Police related to the overall system

performance measures.

(g) Verify that rules of retention are being followed.

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616.3.2 INTELLIGENCE DIVISION COMMANDER

The Intelligence Division Commander or their designee, will be the single point of contact for

questions or concerns related to the Public Safety Camera Program. The Intelligence Division

Commander or their designee shall ensure:

(a)

Each camera has a historical log that documents the date and location of each

camera's placement and relocation if applicable.

(b)

The placement and relocation of each camera is monitored to maximize utilization of

the system.

(c)

Meetings of the Public Safety Camera Advisory Board will be held annually or more

frequently as required by operational needs.

(d)

A maintenance program is in place that is designed to increase effectiveness and

decrease down time.

616.3.3 COMMANDER RESPONSIBILITIES

(a) Each Patrol Commander shall be responsible for providing appropriate time during

Commander Forums for citizen input on any proposal to place a camera within the

affected Commanders geographic area.

(b) Members of the Public Safety Camera Advisory Board should be invited to any

Commanders Forum where citizen input is requested regarding camera placement.

All input will be considered, along with those other criteria defined in this order when

making recommendations to the Chief of Police for final camera placement.

community if removal of a camera is deemed appropriate after recommendation by

the Public Safety Camera Advisory Board to the Chief of Police.

616.4 PUBLIC SAFETY CAMERA PLACEMENT

Public safety cameras will be placed in locations pursuant to recommendation by the Public Safety

Camera Advisory Board and contingent on final approval by the Chief or designee. Cameras will

be overt and have markings that clearly indicate the camera as being part of the Public Safety

Camera system.

Once a location has been recommended by the Board and approved by the Chief, the location

shall be made known to the public at least 72 hours prior to installation.

616.5 RETENTION

Retention of images recorded by the safety cameras shall be done in accordance with City, State

and Department General Orders. Such retention shall be no longer than 10 days.

616.6 REVIEW AND RELEASE OF CAMERA IMAGES AND INFORMATION

(a) All images and information obtained through the use of the public safety camera

system shall be handled in accordance with:

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1. Accepted Department procedures and legal rules governing the handling of

evidence; and

2. The Texas Public Information Act; and

3. Applicable laws, statutes, record retention policies, and court orders.

(b) All images and information that would interfere with the detection, investigation, or

prosecution of a crime shall be released to the public only to the extent required by law.

approved by a Commander or above, unless authority to approve such request is

granted by RTCC/HALO SOPs.

616.7 PERFORMANCE MEASURES

(a) Performance measures for the cameras are based on information and data indicating

disruption of known patterns of crime, identification of criminals and criminal activity

and confirmed cases of the video evidence obtained from the public safety cameras

being used to assist in the prosecution of crimes.

(b) The Intelligence Commander or designee will provide quarterly reports to the Public

Safety Camera Advisory Board for camera locations which will include:

1. Identifying what each camera placement has accomplished as demonstrated

through the stated performance measures.

2. Identify what actions will be taken to eliminate a future need for the camera at

the current location.

3. When the camera may be removed from the location.

Commission as needed.

616.8 AUDIT REQUIREMENTS

The Public Safety Camera system will be audited separately by the Austin Police Department Risk

Management Unit and the Office of City Auditor for policy compliance. The results of the audits will

be presented to the Chief of Police and may be public information as allowed by law. At minimum:

(a) The Risk Management Unit will perform quarterly random audits of the system to

insure compliance to policies and procedures.

(b) The Office of City Auditor will perform random audits based on a schedule known only

to the City Auditor.

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Critical Incident Support Systems and

Procedures

617.1 PURPOSE AND SCOPE

This order describes support systems for employees involved in on-duty or off-duty critical

incidents and assistance provided to the employee's family.

617.1.1 DEFINITION

Critical Incident - For the purpose of this order, a "critical incident" is defined as an event in

which an employee:

(a) Is injured and hospitalized while performing a law enforcement function; or

(b) Causes the death or serious injury of another person; or

helpless to prevent the tragedy; or

(d) Any police incident or interaction which results in an employee experiencing emotional

or psychological distress, ranging from mild to severe.

617.2 CRITICAL INCIDENT SUPPORT SYSTEMS

The following critical incident support systems are available for employees involved in a critical

incident:

(a) Critical incident support partner.

(b) Peer Support.

617.2.1 CRITICAL INCIDENT SUPPORT PARTNER

Employees involved in a critical incident will be able to have another employee function as a critical

incident support partner. The critical incident support partner's work schedule may be adjusted

to accomplish this role.

(a) The critical incident support partner will:

1. Remain available to the involved employee until the employee is escorted home.

2. Attempt to provide emotional support and needed assistance to the involved

employee.

(b) The critical incident support partner will not be involved in the investigation, nor act as

a spokesperson for the employee involved.

617.2.2 PEER SUPPORT

Peer Support is comprised of sworn and civilian employees who have been trained to support and

assist employees during times of need, including, but not limited to, critical incidents.

(a) The Duty Commander, Watch Lieutenant, or an employee's supervisor may contact

the Peer Support Coordinator anytime it is deemed necessary to support an employee

or the employee's family.

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(b) Peer Support may act as a critical incident support partner for employees involved in a

critical incident or serve as a secondary support system for an employee's designated

critical incident support partner.

617.3 CRITICAL INCIDENT PROCEDURES

(a) The Peer Support Program Coordinator will be notified by the Watch Lieutenant

anytime there is a critical incident involving an APD employee.

1. If requested by the on-scene supervisor or an involved employee, the Peer

Support Coordinator may, as needed, respond to the scene or direct trained

Peer Support employees to respond and assist.

(b) The on-scene supervisor will ensure the employee's Department Support Contact is

notified.

1. If the on-scene supervisor determines the employee's designated Department

Support Contact is unavailable, then:

(a) An on-scene supervisor may request a trained peer support employee as

the Department Support Contact; or

(b) The employee's on-duty lieutenant/manager or on-scene supervisor may

designate another employee as the Department Support Contact.

for the purpose of requesting a continuance if:

1. The employee has scheduled court appearances within ten (10) days of the

incident; or

2. The employee is incapacitated or injured to the point they are unable to attend

court.

(d) In the event sworn employees are incapacitated or injured to the point they are unable

to notify their family of their injury, their Department Support Contact will be utilized

to assist Victim Services and appropriate members from the chain-of-command with

any necessary emergency/next-of-kin contact notifications.

(e) Supervisors may contact APD-HR or the Watch Lieutenant to access employees

emergency contact information.

1. An emergency contact report is run every 24 hours and placed in a restricted

folder located in the "G" drive called "Emergency Contact". Watch Lieutenants

and APD HR personnel have access to this report.

2. Employees with access to the emergency contact report will safe guard the

information. This report WILL NOT be copied, e-mailed, printed or saved to

another location without the approval of an APD HR Manager.

617.4 HOSPITALIZED EMPLOYEES

When an employee is hospitalized for an on-duty injury, a supervisor may assign another

employee to transport the injured employee's family members to the hospital.

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617.4.1 HOSPITAL GUARD

The lieutenant of a hospitalized officer or the Duty Commander may assign an officer as a hospital

guard if the employee requests one or there is reason to believe that reprisals might be planned

against the injured employee.

(a) The work schedule of the officer performing guard duty may be adjusted to accomplish

this service.

(b) Shifts for officers serving as hospital guards will not exceed four (4) hours.

617.5 DEBRIEFING

This section covers the required debriefings of employees involved in a critical incident. The

debriefings are conducted by the Department Psychologist and City Legal.

617.5.1 DEBRIEFING WITH THE DEPARTMENT PSYCHOLOGIST

The involved employee's commander/manager will ensure the Department psychologist is notified

within 24 hours after a critical incident.

(a) The Department psychologist will conduct a debriefing session within 72 hours of the

incident. The employee's immediate family may be included in the debriefing session.

(b) The purposes of the debriefing are:

1. To inform employees and their immediate families of the normal symptoms and

reactions associated with critical incidents and allow everyone an opportunity to

express their feelings; and

2. To provide support and guidance to employees and their immediate families in

relation to dealing with the psychological after-effects of the incident.

in the debriefing will be reported to the investigators. By state law (Article 5561h,

Vernon's Civil Statutes) and Department General Orders, the contents of the

debriefing session will remain confidential.

617.5.2 LEGAL DEBRIEFING

Should an employee be sued for civil liability resulting from a critical incident, a City attorney

or other qualified attorney will brief the employee. The briefing will include an overview of the

procedures in liability suits and a summary of the outcome of similar suits in Austin.

617.6 WORK ASSIGNMENTS WHILE ON ADMINISTRATIVE DUTY

When an employee is placed on Administrative Duty status pending an investigation of a critical

incident, the employee's commander/manager will work with the appropriate assistant chief to

assign the employee to duties which serve the Department's needs and best use the employee's

skills and experience.

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Property and Evidence Collection Procedures

618.1 PURPOSE AND SCOPE

It is the duty and obligation of employees of the Department to properly seize, control, care

for, store, process, and dispose of property and evidence that may come into their possession.

Employees will adhere to the property handling procedures described in this document. For the

purposes of this document, all items that come into police care and control will be considered

property or evidence and will be handled equally.

618.2 DEFINITIONS

(a) Administrative Value (AV): The Administrative Value retention period is generally

associated with routine or administrative business documents. The retention period is

tied to the usefulness of the records for the conduct of current or future administrative

business.

618.3 GENERAL PROVISIONS

(a) Employees will not convert to their own use, manufacture, conceal, destroy, remove,

tamper with, or withhold any property or evidence in connection with an investigation

or other departmental action.

(b) Employees shall not purchase, convert to their own use, or have any claim to any

found, impounded, abandoned, or recovered property, or any property held or released

as evidence.

seized, confiscated, or found by the Department.

(d) Email messages, text messages, images, and attachments stored on a personally

owned electronic device shall be forwarded to a City account unless there is no

administrative value in retaining the information. Additional guidelines are listed in

Administrative Bulletin 08.06 which can be found on the COA Human Resources

Policies and Procedures intranet page.

(e) When handling valuable items such as cash, coins, jewelry, or electrical devices (smart

phones) employees will document proper handling, control, processing and disposal

of such items. Methods of documentation include; but, are not limited to:

1. Detailing actions of handling and disposal in the incident report;

2. Utilizing video/audio recording equipment at all times if those resources are

available;

3. In cases involving currency during a field investigation, have a second officer

witness and verify:

(a) The amount seized

(b) The amount returned if not submitted as evidence.

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618.4 PHYSICAL EVIDENCE COLLECTION

Employees will assess a crime scene before seizing any item of physical evidence. Only items of

physical evidence that relate to allegations of criminal conduct or the identity of a suspect will be

seized. Employees will ensure that items identified as evidence are not tampered with in any way

prior to being photographed and collected.

(a) Guidelines for crime scene and latent print processing are outlined in General Order

401 (Preliminary Field Investigations).

(b) Before seizing physical evidence, it should be photographed or videotaped in its

original location and condition, with a scale marker when practical and necessary to

the investigation.

1. Crime Scene personnel should be used to photograph or videotape all physical

evidence found at major crime scenes.

2. Employees who are qualified in the use of Department issued cameras should

photograph or videotape physical evidence at lesser crime scenes

evidence requiring forensic analysis will be submitted to the Digital Forensics Unit

along with the appropriate request.

(d) Seized physical items containing original digital evidence not requiring forensic

analysis will be processed in the following manner:

1. The device will be submitted to evidence according to section 618.6 of this order.

2. Digital media from the device will be processed by the appropriate investigative

unit according to section 618.5 of this order.

618.4.1 STOLEN PROPERTY

(a) Employees will only seize items considered as stolen property when reasonable

grounds exist to believe it is stolen or when the items are readily identifiable and

traceable.

(b) In theft offenses, if the owner of the property is known and the ownership of the

property is uncontested, employees will take a digital image of the property and make

a reasonable effort to return it to the owner.

1. Property recovered in shoplifting offenses will generally not be seized.

2. If a digital camera is not available at the scene, personnel may bring the property

to the station to be photographed and then return the property to the rightful

owner.

618.4.2 FOUND PROPERTY

(a) Employees will only seize items of abandoned or found property which:

1. Are readily identifiable and traceable; or

2. Are of value, such as money and jewelry; or

3. Appear to have been involved in a criminal offense; or

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4. Constitute a hazard to the public safety; or

5. May be offensive to public morals or sensitivities.

(b) Employees will make a reasonable effort to return the property to the owner

immediately when the owner of the property is known.

suggest that is the case.

618.4.3 CONTRABAND

(a) Except during undercover operations, employees will seize all items in their presence

that they have probable cause to believe is contraband, including narcotics, illegal

weapons, and gambling equipment.

(b) Suspected controlled substances will be treated as known controlled substances.

Employees will not taste or smell a suspected controlled substance but will instead

field test it and submit it to the evidence room.

618.4.4 HAZARDOUS MATERIALS

(a) Unless assigned to the Bomb Squad or the Clandestine Lab Team, employees will

not move or disturb any suspected:

1. Explosive device.

2. Hazardous chemicals.

3. Flammable substances.

4. Radioactive materials.

(b) Employees will immediately notify a supervisor and Communications, and adhere to

procedures as outlined in General Order 413 (Clandestine Lab) and General Order

414 (Bomb Threats, Explosive Devices and Bombing/Explosion Incidents).

618.4.5 FORGERY DOCUMENTS

Forgery documents will be placed in a plastic bag with an evidence tag, attached to the

forgery incident report, and submitted to the evidence room. Employees will not process forgery

documents for latent prints; forgery documents are only processed by the forensic lab when a

request is made by the appropriate investigator.

618.5 DIGITAL EVIDENCE COLLECTION AND STORAGE

The purpose of this section is to give employees guidelines for collection and storage of digital

evidence. The Department utilizes various vendors for digital storage; however, due to limited

space, some digital evidence will be stored in a Digital Case Folder. The digital case folder is

a subfolder within the unit’s respective G drive folder that contains digital evidence that is not

already stored in other approved locations. Each investigative unit shall create and maintain the

folder according to records retention. Cases should be organized by the case number year and

clearly labeled for easy retrieval.

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(a) Photos

1. Photos taken with the Axon Body Camera App are uploaded to Evidence.com.

2. Photos taken with City owned digital cameras are uploaded to Digital Crime

Scene Management System (DCSMS).

3. Photos taken with personal digital cameras are stored in the digital case folder.

4. Digital photos provided by outside sources, such as, citizens or other law

enforcement agencies, are stored in the digital case folder.

5. Physical photos that are provided by outside sources will be scanned and stored

in the digital case folder. Originals are submitted to evidence.

(b) Videos

1. Videos captured on the Body Worn Camera (BWC) are uploaded to

Evidence.com.

2. Videos captured on an in-car video system are uploaded to the Department’s

relevant official system of record.

3. Videos, such as, surveillance videos, provided by outside sources are stored

in the digital case folder. The original device the video was provided on is

submitted to evidence.

1. Digital documents, excluding photos and videos, are uploaded to Versadex.

2. Emails that are relevant to a case are stored in the digital case folder.

(d) Any other digital evidence not mentioned here that is not stored elsewhere shall be

stored in the digital case folder.

618.6 EVIDENCE PROCESSING AND SUBMISSION

Employees will process and submit all property taken into their custody as expeditiously as

possible while following established guidelines.

(a) Employees seizing property will be responsible for properly marking it to make it readily

identifiable in court.

1. When evidence is marked, the mark shall be distinctive, but as small as practical;

property will not be marked in a way that impairs its evidentiary value or reduces

its monetary value.

2. Evidence will not be marked for later identification when:

(a) It bears a serial number; or

(b) It can be identified through distinctive markings and recorded information.

(b) Evidence that cannot be marked or identified by distinctive marking shall be packaged

and sealed with a completed chain of custody label.

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1. Enter each item into Versadex; and

2. Print a bar code for each item to be submitted; and

3. Complete any necessary chain of custody label(s); and

4. Package the item in a way that protects it from damage and ensures the item's

integrity as evidence; and

5. Attach the chain of custody label(s) to the item in an area that will reduce

potential damage caused by the label. If the item can be placed in a bag, the

chain of custody label should be placed on the outside of the bag.

(d) Employees receiving evidence or property from another employee or agency will sign

and notate the date and time on the chain of custody form.

618.6.1 EVIDENCE SUBMISSION GUIDELINES

Employees will submit processed physical evidence or property to an assigned investigator, the

Evidence Section, or a temporary drop box/locker (e.g., North Substation, South Substation)

before completing their tour of duty, however:

(a) The following types of evidence or property will only be turned in at the East Substation

Evidence Section:

1. Combustibles in outside lockers.

2. Hazardous materials (e.g., gasoline, aerosols, volatile chemicals) in outside

lockers.

3. Rape kits in inside lockers, refrigerated if necessary.

4. Blood tubes in inside lockers, refrigerated if necessary.

5. Perishables in inside lockers, refrigerated if necessary.

(b) Firearms will not be dropped off at the Main.

618.6.2 SUBMITTING NARCOTICS AND NARCOTIC PARAPHERNALIA

(a) Narcotics and narcotic paraphernalia may be turned in as follows:

1. Identified narcotics and narcotic paraphernalia may be turned in at the Evidence

Section located at the East Substation or any temporary evidence drop box/

locker location when:

(a) Charges have been direct filed (affidavit turned in at the time of the arrest);

(b) A Field Release citation has been issued; or

2. In cases involving a custody arrest and narcotic charges are pending:

(a) narcotics that cannot be identified will only be turned in to the Evidence

Section located at the East Substation.

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3. The temporary evidence drop box at Arrest Review is designated only for

narcotics and narcotic paraphernalia that can be identified or unidentified items

where no charges are filed.

(b) Officers with supervisor approval may authorize disposal of evidence in certain cases.

Officers will document the approving supervisor's name and employee number in the

offense report. Officers submitting narcotics evidence for disposal will follow the below

procedure:

1. This section only applies to the below cases where evidence is being submitted

for destruction:

(a) Possession of Drug Paraphernalia, after being photographed;

(b) Found Controlled Substances

Controlled Substance")

(d) Possession of Marijuana (POM) Class A/B no charges filed and there

is not an investigation of a high priority, felony-level narcotics case or

investigation of a violent felony.

2. When submitting evidence, the officer should notate the item status of "D" for

"Disposal" on the individual Versadex Property Description Form to reflect which

item(s) is being submitted for disposal and check the Evidence indicator box.

3. Under no circumstance will sworn personnel authorize the destruction of

marijuana, drug paraphernalia, or other related property seized from a person

potentially engaging or assisting in the lawful use of medical marijuana without

a thorough investigation, direction from the County/District Attorney Offices, or

a court order.

4. A supervisor may authorize the return of marijuana, drug paraphernalia, and

other related property in cases where the items are being legally possessed, but

were submitted into the Evidence Section for safekeeping, or as property not

accepted by the jail.

established by the Evidence Section. This includes prescription medication.

618.6.3 SUBMITTING BIOHAZARD MATERIAL

Evidence with blood or body fluids should be packaged in accordance with methods outlined in

evidence handling procedures available at evidence drop-off locations. Items with blood or body

fluid must be packaged to prevent any cross contamination of other evidence/property and must

be clearly marked as "Biohazard".

618.6.4 SUBMITTING CURRENCY

Foreign and domestic currency must be counted and verified by a second employee, sworn or

non-sworn, before being submitted.

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(a) After counting and verifying the amount of currency, both employees will place their

initials, employee number, and the date on the seal.

(b) The submitting officer and the person who verified the currency amount will document

their verification in a supplement to the incident report.

618.6.5 SUBMITTING FIREARMS

Employees shall use a clearing barrel or clearing tube when available to unload weapons prior to

submission. If a weapon cannot be unloaded, employees shall:

(a) Make every effort to make the firearm safe or inoperable (ex. Use of tie strap to prevent

firearm from cycling).

(b) Place the firearm into an individual evidence submission locker. Do not deposit the

firearm into a bulk receptacle, such as, a mailbox style drop box.

notice inside the locker which is easily noticeable by evidence staff.

(d) Notify the On-Call Evidence Specialist via Communications of the facility location and

locker number in which the loaded firearm was submitted.

618.6.6 SUBMITTING SEIZED DIGITAL EVIDENCE

Employees shall submit all seized digital evidence to the Digital Forensics Unit for analysis.

(a) Employees submitting seized digital evidence to the Digital Forensics Unit shall

follow the Department’s general orders related to seized evidence processing and

submission.

(b) Employees shall submit an ATLAS Forensics Analysis Request to the Digital Forensics

Unit no later than 30 days after submitting the seized digital evidence.

circumstances exist or the employee accesses the evidence at the direction of a Digital

Forensics Unit detective.

618.7 INCORRECTLY PROCESSED EVIDENCE AND PROPERTY

Seized property and evidence not packaged properly will be collected but will not be processed

by the Evidence Section. In the event this occurs, the following will take place:

(a) Evidence Section personnel will contact the submitting officer's supervisor and give

direction on how to correct the error. All corrections will take place at the Evidence

Section during the Evidence Section's normal business hours or as directed by

personnel from the Evidence Section.

(b) The submitting officer's supervisor will ensure the necessary corrections are made

within 5 days of being notified by personnel from the Evidence Section.

618.8 RELEASE OF EVIDENCE AND PROPERTY

(a) Temporary Releases

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1. Employees will not remove property from the Evidence Section except to comply

with a subpoena or for an official law enforcement function (e.g., laboratory or

forensic testing).

2. Except for routine forensic testing, only the investigator assigned the case may

temporarily check out the property without a subpoena or prior written approval

from the manager of Forensic Division.

(b) Permanent Releases

1. Property may only be released to a law enforcement agency, the courts, the

owner, or the owner's agent.

2. Only the investigator assigned to a case, the investigator's supervisor, or the

Evidence Section manager may authorize the permanent release of property.

3. It will be the responsibility of the investigator assigned to the case to notify the

owner, as expeditiously as possible, when property is ready for release.

618.9 SUBMITTING FIREWORKS

(a) When an officer is provided fireworks by a citizen for destruction, the officer may

dispose of the fireworks at an Austin Fire Department facility if fireworks are being

accepted by the Fire Department.

(b) When an officer seizes small quantities of fireworks as part of a criminal investigation

or as contraband, or when the Austin Fire Department refuses acceptance, the officer

will submit the fireworks into evidence at the following locations:

1. 4708 E. MLK Blvd. (Evidence Warehouse) between 6am - 4pm Monday - Friday

(closed on City Holidays),

2. Any unmanned evidence submission point.

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Chapter 8 - Equipment Policies

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Property and Equipment Accountability

800.1 PURPOSE AND SCOPE

Department employees are expected to properly care for City property and equipment assigned

or entrusted to them. Employees may also suffer occasional loss or damage to personal or City

property while performing assigned duties. This order outlines the procedures for the handling,

accountability and replacement of City and personal property used for official duties.

800.2 GENERAL POLICY

For purposes of this order, Department property is synonymous with City property.

(a) Willful damage to City property by an employee is prohibited.

(b) Negligent or incorrect use of City property is prohibited.

their custody and control, and will maintain it in the best possible condition.

(d) Each employee will, by practical means, secure all equipment from unauthorized

access or use.

(e) Lockers, desks, computers, and other such items that have been assigned for the use

of an individual employee remain the property of the City of Austin and are subject to

inspection or examination by a supervisor at any time. Employees should not store

personal information or belongings at these locations with an expectation of privacy.

800.3 CITY PROPERTY AND EQUIPMENT GUIDELINES

This section covers the guidelines for the handling of property and equipment checked out from

a Property Control Office (PCO) or issued by the Department.

800.3.1 CHECKING OUT EQUIPMENT AND SUPPLIES FROM A PROPERTY CONTROL

OFFICE (PCO)

Employees must acknowledge in writing receipt of all equipment and supplies received from a

PCO.

(a) Expendable supplies are items which do not have to be returned to PCO (e.g., flares,

pager batteries).

(b) Non-expendable equipment is any item that is reusable on a continual basis and must

be returned to PCO at the end of each shift (e.g., radar, car keys, digital cameras).

1. Employees must acknowledge in writing the return of all non-expendable

equipment and supplies to a PCO.

2. Any non-expendable item not returned at the end of the duty shift or on the

expected return date will be flagged by PCO.

(a) PCO will immediately notify the employee's commander/manager of the

situation by email, phone, or in writing.

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(b) Commanders/managers are responsible for ensuring that the property is

returned by the employee.

800.3.2 ISSUANCE OF CITY PROPERTY AND EQUIPMENT

Employees must acknowledge receipt of all property, equipment, and clothing issued from the

Equipment and Supply Section by signing a Department Receipt Form.

(a)

The Equipment and Supply Section will assemble the initial issuance of equipment for

cadets. Distribution of equipment to the cadets will be conducted by the Equipment

and Supply Section.

(b)

New non-sworn employees will process through the Equipment and Supply Section

within five (5) workdays after beginning work to establish an equipment issue record.

Non-sworn employees required to wear uniforms will be issued the appropriate items

by the Equipment and Supply Section or will be furnished a clothing requisition form

in order to draw clothing from the City Clothing Store.

(c)

All employees who are transferred into or out of a position which requires the issuance

of specialized equipment are required to process through the Police Equipment and

Supply Section within five (5) work days after the effective date on the personnel

directive.

(d)

Employees will be furnished a clothing requisition form for all items issued from the

City Clothing Store.

The employee will sign for all items and ensure that the sizes are correct at the

time of issue by the Clothing Store.

An electronic copy of the form will be sent by the Clothing Store to the Equipment

and Supply Section so that it can be filed in the employee's permanent

equipment issue file.

Once issued, the care and maintenance of clothing is the employee's

responsibility.

Subsequent alterations needed due to weight loss or gain will be the employee's

responsibility.

800.3.3 DEPARTMENT ISSUED PERSONAL COMMUNICATION DEVICES

Depending on an employee's assignment and needs of the position, the Department may, at its

discretion, issue a Personal Communication Device (PCD). Department issued PCDs should only

be used by employees for Department business.

(a) For purposes of this order, the term Personal Communication Device (PCD) is

intended to include all mobile phones, Personal Digital Assistants (PDA) and other

such wireless two-way communication and/or portable Internet access devices that

are owned by the Department.

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(b) Department owned PCDs shall remain the sole property of the Department and are

subject to inspection and monitoring (including all related records and content) at any

time without further notice.

any and all messages transmitted or received are subject to disclosure to, and review

by, the Department without further notice.

800.3.4 BODY ARMOR

The Department will issue body armor to authorized employees. Employees will be notified by

Equipment and Supply Section 60 days prior to the date of expiration to be measured for new

issued body armor. All body armor will be replaced prior to the expiration date of the manufacturer

warranty.

(a) Any issued body armor believed to be defective will be turned in immediately to

Equipment and Supply Section:

1. Employees turning in issued body armor as defective will be temporarily issued

an unexpired body armor.

2. Equipment and Supply Section will make arrangements with the vendor to have

the reported defective body armor examined.

3. If the determination is made that the body armor is defective, Equipment and

Supply Section will notify the employee that the issued body armor will be

replaced.

4. Equipment and Supply Section will make arrangements to have the employee

measured for new body armor.

5. The employee will turn in the temporarily issued body armor at the time the new

body armor is issued.

6. If the determination is made that the body armor is not defective, Equipment and

Supply Section will notify the employee to return the temporarily issued body

armor and pick up the originally issued body armor.

800.3.5 PURCHASE OF ISSUED CITY PROPERTY AND EQUIPMENT

(a) Officers being promoted may purchase the prior rank badge (cap and/or breast badge)

at the prevailing replacement cost. Officers will turn in or purchase the badge set at

the time they are issued the new rank badge set.

(b) Officers resigning in good standing will be permitted to purchase their badge set at

the prevailing replacement cost if they have:

1. Five (5) years minimum service with the Department; or

2. Commissioned a minimum of two (2) years and are hired by another law

enforcement agency.

may purchase their cap badge and Department-issued handgun.

1. These privileges will expire if not executed at the time of retirement.

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2. Payment must be made prior to final clearance.

(d) Officers are not authorized to purchase any other Department-issued firearms

(shotguns, AR-15s, etc.).

(e) For purposes of this section, "good standing" is defined as not being under

investigation, suspension, or indefinite suspension at the time of resignation or

retirement.

800.3.6 RETURNING ISSUED CITY PROPERTY AND EQUIPMENT

Upon resignation, termination, transfer to another City Department, or retirement, employees are

required to process through the Equipment and Supply Section no later than the effective date of

the action in order to turn in all APD issued equipment and uniforms.

(a) When an employee turns in any property, equipment, or clothing to the Equipment

and Supply Section, they will sign a receipt form countersigned by the Equipment and

Supply Section employee receiving the item(s).

(b) An inventory audit will be conducted and a clearance form will be completed. The

employee and the Equipment and Supply Section employee will sign the form after

accounting for all equipment.

fail to adequately account for all APD issued equipment prior to the effective date of

separation will be sent a letter demanding payment or the return of any outstanding

equipment.

800.4 HANDLING DAMAGED, LOST, AND STOLEN PROPERTY

Employees shall be responsible for the safekeeping, serviceable condition, proper care, use, and

replacement of City property assigned or entrusted to them.

(a) An employee's intentional or negligent abuse or misuse of City property may lead to

discipline including, but not limited to, the full or partial cost of repair or replacement.

For the purpose of this order, negligence is the failure to use such care and prudence

as would be expected of a reasonable person.

(b) The Equipment and Supply Section Manager will determine whether damaged City

property is to be repaired or replaced. If the cost of repair is greater than the cost of

replacement, the Equipment and Supply Section Manager will replace the property.

800.4.1 DAMAGED, LOST, AND STOLEN CITY PROPERTY

(a) If issued property is damaged, lost, or stolen, the employee to whom the property is

issued must within five (5) working days of discovering the damage or loss:

1. Complete Form PD-0021A; and

2. Complete an incident report which fully describes the loss or damage; and

3. Email the form, through the chain-of-command, to their commander/manager.

(b) Commanders/managers will review the Form PD0021A and the offense report for

completeness and within five (5) calendar days of receiving the documents:

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1. Forward the Form PD0021A to the commander in charge of the Equipment

Committee.

1. Determine if the employee exercised reasonable care; and

2. Determine if re-issue of the equipment is necessary; and

3. Notify the affected employee's commander and the Equipment and Supply

Section manager of their decisions; and

4. Email the completed Form PD0021A to APD Police Equipment Manager.

(d) If the Equipment Committee Commander deems the employee was negligent, the

employee may be required to reimburse the City for the lost or damaged property.

(e) The employee may present a written appeal on the decision of the Equipment

Committee Commander to their assistant chief concerning whether the employee was

negligent in the loss or damage of the property.

1. The employee may be required to make full reparation of the depreciated value

of a lost item to a maximum of $500 per item.

2. The employee may be required to make payment of repaired damaged property

up to a maximum of $500 per item (excludes City vehicles damaged in a traffic

crash).

3. When payment to the City is required for lost or damaged property, the employee

may be allowed to reimburse the City through a payment schedule. Unless the

employee agrees to a higher amount, the payments will not exceed $100 per

pay period.

4. The employee has 30 days to either pay for the equipment in full through the

accounts payable department or arrange for a payment schedule through APD-

HR.

5. The Equipment and Supply Section Manager will provide the Equipment

Committee Commander with a monthly report of employees that have NOT paid

for or made payment arrangements for negligently lost or damaged equipment.

(f) Re-issuance of equipment will be handled as follows:

1. Equipment that is not essential to the performance of duty will not be re-issued to

the employee until final action is taken on Form PD-0021A by the commander/

manager.

2. Equipment essential to the performance of duty such as badge, handcuffs,

flashlight, etc. can be temporarily checked out from the Police Equipment and

Supply Section for 30 days pending payment for their lost/damaged property.

800.4.2 DAMAGED, LOST, OR STOLEN PERSONAL PROPERTY

Employees may request restitution for lost or damaged personal equipment if the loss or damage

was suffered while on duty and in performance of official business. Employees shall not be

reimbursed if they contributed to the loss or damage through negligence.

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(a) To request restitution, the employee shall complete the following two forms:

1. APD’s Form PD-0021 may be sent electronically through the employee’s Chain

of Command and digitally signed. The employee’s commander/manager shall

determine whether or not the employee exhibited reasonable care and indicate

the amount to be reimbursed, if any.

2. The City of Austin's "Business Expense Reimbursement Form" (or BERF)

requires a hard signature and cannot be stamped.

(b) The employee must provide a clear, legible receipt or proof of purchase for the original

damaged, lost, or stolen item. A receipt of proof of purchase for a replacement item

of equivalent type and value is also acceptable.

1. Reimbursement amounts will generally follow these guidelines, but it will be up

to the commander/manager to make the final decision on whether the employee

will be reimbursed more or less:

(a) Prescription glasses $500

(b) Sunglasses $50

(d) Personal Firearm $300

(e) Any other personal equipment (e.g. clipboard, watch, boots…) $100

receipt to the Austin Police Department’s Accounts Payable Office.

800.5 EQUIPMENT INVENTORY CONTROL

There are eight categories of departmental inventory with specific employees responsible for

control of each. Commanders/managers may establish additional controls within their area of

responsibility.

(a) Fixed Assets or "Capital Equipment"

1. This category includes items with a purchase price of $1,000 or more

and having a life span of one year or longer. The Materials Manager is

responsible for Department-wide control of these assets. Geographic "zone

managers" (commanders/managers), are responsible for the care and control

of the assets within their area.

(b) APD Numbered Equipment

1. This category includes items issued by Equipment and Supply with a purchase

price of less than $1,000 and having a life span of one year or longer.

1. This category includes vehicles, mobile radios, hand-held radios, radar,

visibars and MDTs. The Fleet and Equipment Manager is responsible for the

Department-wide management of these resources.

(d) Photography/Video/Surveillance Equipment

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1. This category includes items classified as fixed assets, but may also include

lower cost items provided they have a life span of one year or longer.

The Multi Media Laboratory supervisor is responsible for the Department-

wide management of photography and video equipment. Certain specialized

photography and video surveillance equipment is the responsibility of the

Technical Unit of the Organized Crime Division.

(e) Donated or Loaned Property

1. This category may include items in any of the above categories, and will be

included in the inventories of the division utilizing the property, but listed in a

separate "donated or loaned property" section of the inventory list. Donated

and loaned property is considered Department-owned property as per City

purchasing policy. The employee taking receipt, having custody, or making use

of these items will furnish a copy of the documentation regarding the donation

or loan of the item(s) to the Equipment and Supply Section manager.

(f) Converted Equipment

1. This category includes equipment forfeited under applicable criminal laws which

has a fair market value of $250 or more and a life span of one year or longer

and is converted to ownership of the Police Department. The employee taking

receipt, having custody, or making use of the item will furnish the commander/

manager and the Materials Manager a copy of the court order and any other

appropriate documentation so that the item may be added to the inventory.

(g) Forfeited Funds Purchased Equipment

1. This category includes equipment purchased with forfeited funds. Items included

are valued at $250 or more and have a life span of one year or longer. The

employee authorized to purchase these items will provide a copy of the receipt

to the Materials Manager and will present the equipment to have an inventory

number placed on it.

(h) LESO Military Equipment

1. This category includes equipment obtained through the Law Enforcement

Support Office (LESO) military portal for use within the Austin Police

Department. This equipment cannot be issued outside of the Austin Police

Department without proper justification through the program manager and

without approval of the Assistant Chief over Special Operations. Federal

rules and regulations in obtaining the equipment, maintaining the equipment,

dispersal of the equipment, and return of the equipment will be followed

at all times and properly documented through APD PCO and the program

manager. This equipment will be inventoried through the program manager and

PCO. LESO equipment will be issued the same as any APD equipment following

all guidelines in General Order 800 (Property and Equipment Accountability).

Issued equipment will be placed on the employee’s personnel inventory.

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800.5.1 ZONE MANAGERS AND SPECIALIZED EQUIPMENT MANAGERS

Specific responsibility for fixed assets and certain other specifically identified items will be assigned

to commanders/managers who will serve as geographic "zone managers" or "specialized

equipment managers."

(a) Zone managers will assist in conducting the annual inventory and, upon request,

reconciling any differences from prior inventories.

(b) Specialized equipment managers will conduct complete inventories and, upon

request, provide updated database information for reconciliation with prior inventories.

800.6 ANNUAL INVENTORY

City of Austin policies require that each Department conduct a physical inventory of fixed assets

and reconcile that inventory annually. APD will conduct its inventory in July of each year.

(a) A computerized listing of all equipment assigned to a unit will be provided to the

supervisor when the inventory has been completed.

(b) Each employee will be provided a copy of their issued clothing and equipment record

in July.

1. The employee and immediate supervisor will account for all equipment shown

as issued and sign and return the inventory form within 10 days after receipt.

2. The employee will attach a Lost/Stolen/Damaged Report on any items not found

and comply with the requirements of this order on handling lost, stolen and

damaged property.

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Equipment and Uniform Regulations

801.1 PURPOSE AND SCOPE

The equipment and uniform order of the Austin Police Department is established to ensure that all

employees of the Department exhibit a consistent and professional appearance to the community

when representing the Department.

Unless otherwise stated, commanders/managers may approve an exemption to this order for

employees assigned to undercover operations, certain specialized activities, or due to special

circumstances.

801.2 EQUIPMENT GUIDELINES

This section includes guidelines for Department approved identification and equipment to include:

(a)

Department Issued Identification.

(b)

Duty Belt and Accessories.

(c)

Armor.

(d)

Department Issued Pagers.

(e)

Headgear.

(f)

Footwear.

(g)

Jackets.

(h)

Reflective Vests.

(i)

Scarves and Gloves.

801.2.1 DEPARTMENT ISSUED IDENTIFICATION

The Department issues each employee an official Department identification card (APD ID) bearing

the employee's name, identifying information and photo likeness.

(a) Employees shall be in possession of the issued APD ID card at all times while on-duty.

(b) Employees shall conspicuously display the issued APD ID card when the employee

is not in uniform and is on the premises of any APD facility.

a concealed weapon off-duty.

(d) Employees shall present their issued APD ID card in a courteous manner to any

person upon request and as soon as practicable whenever on-duty, acting in an official

capacity, or representing the Department.

(e) Employees shall not lend their APD ID to another person, or permit it to be

photographed or otherwise reproduced without the prior approval of the Chief or

designee.

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(f) Sworn employees working specialized assignments may be excused from the

possession and display requirements when directed by the employee's commander.

801.2.2 DUTY BELT AND ACCESSORIES

(a) Employees may only wear an authorized duty belt and accessories. Basket weave

designs are not allowed. When practical, the accessories must be made of the same

material as the belt itself. Arrangement of the approved items is optional with each

officer unless a specific location is designated.

(b) Employees assigned to office positions and who have limited direct contact with the

public may be allowed to remove the duty belt while in the office during on-duty hours

with the approval of the respective commander. Once removed, the duty belt will be

placed in a secure location in the office.

1. Duty Belt - The duty belt will be worn with the center of the buckle in line with

the center of the trouser zipper flap and secured with keepers. The Department

issues four (4) keepers but additional keepers may be purchased at the officer's

expense.

2. Trouser Belt - A black trouser belt made of either nylon web or leather will be

worn with the uniform trousers.

3. Duty Weapon - Handgun issued by the department.

4. Holster - Holsters must be equipped with a Level 2 or above security retention

device and will be worn on the side of the shooting hand with the butt of the pistol

toward the rear. Information on approved holsters can be found at the Training

Academy.

5. Ammunition Magazines and Holder(s).

6. Conductive Energy Device (CED) - CED's must be in an approved holster and

worn on the side of the body opposite of the duty weapon. Extra CED cartridges

are allowed.

7. OC Canister and Holder - Only approved chemical agents will be worn as

outlined in General Order 206 (Control Devices and Techniques).

8. Baton and Holder - Only approved batons will be worn as outlined in General

Order 206 (Control Devices and Techniques).

9. Folding Knife - Only folding knives are permissible; fixed blade knives (e.g.,

Bowie, dagger) are not approved.

(a) The primary purpose of the folding knife is to act as a tool and not a

weapon.

(b) The folding knife must be secured in a case or pouch on the duty belt with

at least one level of retention (e.g., snap, Velcro), or affixed to the body

armor.

knife must carry it in a concealed fashion.

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(d) Officers assigned to specialized tactical units who want to carry a fixed

blade knife or carry a folding knife in a manner other than described above

must receive prior written permission from their assistant chief.

10. Handcuff Case - Minimum of one (1), maximum of two (2). Handcuff locking

mechanisms will be operable with a universal size key.

11. Portable Radio and Holder.

12. Flashlight and Holder.

13. Tape Recorder and Case.

14. Keys and Whistle - If using a key silencer it must be black in color.

15. Pager - A pager may be worn in case or clipped on belt. Pagers will not be worn

attached to a uniform shirt/jacket epaulet.

16. Cell Phone - A cell phone may be used but should be secured in a case or pouch

on the duty belt, or concealed within the uniform or pocket.

17. Glove Case - A glove case may be used to hold protective gloves (e.g., latex,

nitrile).

801.2.3 LOAD BEARING VESTS

The Department recognizes the need for officers to maintain a level of comfort and physical

health when wearing the required equipment while in uniform. Officers are permitted to wear

an authorized Load Bearing Vest (LBV) and accessories while in uniform. Officers may obtain

information about authorized LBVs from Police Equipment.

(a) Within 30 days of being issued the LBV, officers will complete a familiarization course

at the Training Academy.

(b) Only the authorized LBV and accessories will be worn while in uniform. The list of the

authorized LBV and accessories is located at Police Equipment.

1. Duty Weapon - Handgun issued by the Department.

2. Holster - Holsters must be equipped with a Level 2 or higher security retention

device and will be worn on the side of the shooting hand with the butt of the pistol

toward the rear. Information on approved holsters can be found at the Training

Academy.

3. Conductive Energy Device (CED) - CEDs must be in an approved holster and

worn on the side of the body opposite of the duty weapon.

4. Folding Knife - Only folding knives are permissible; fixed blade knives (e.g.,

Bowie, dagger) are not approved.

(a) The primary purpose of the folding knife is to act as a tool and not a

weapon.

(b) The folding knife must be secured in a case or pouch with at least one

level of retention (e.g., snap, Velcro).

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(d) The following items may be worn on the duty belt or the LBV:

1. Ammunition magazines and holders.

2. OC canister and holder - Only approved chemical agents will be worn as outlined

in General Order 206 (Control Devices and Techniques).

3. Expandable baton and holder - Only approved batons will be worn as outlined

in General Order 206 (Control Devices and Techniques).

4. Handcuff case - Minimum of one (1), maximum of two (2). Handcuff locking

mechanisms will be operable with a universal size key.

5. Portable radio and holder.

6. Flashlight and holder.

7. Keys and whistle - Key silencers must be black or navy blue in color.

8. Pager - A pager may be worn in a case or clipped onto the belt or LBV. The

pager will not be clipped to a uniform shirt or jacket epaulet.

9. Cell phone - A cell phone may be secured in a black or navy blue pouch or case.

10. Glove case (e.g. latex, nitrile).

11. Tourniquet.

12. Extra CED cartridges secured in a pouch or case.

801.2.4 ARMOR

(a) Body Armor

1. Issued body armor must be worn at all times by uniformed officers engaged in:

(a) Field duty.

(b) Secondary Law Enforcement Related Employment (LERE).

2. Officers assigned to office positions are exempt from wearing body armor during

normal duty assignments.

3. Officers seeking a medical waiver from wearing body armor while in uniform

shall adhere to the following guidelines:

(a) Officers will request a waiver by submitting a memorandum through the

chain-of-command to the Chief detailing the reasons for the waiver. The

memorandum must be accompanied by:

1. Medical documentation clearly showing the condition caused by the

wearing of the body armor.

2. A signed letter from the employee's physician confirming a medical

condition and recommending that the employee be allowed to wear

the body armor at the employee's discretion.

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3. A liability release with all required information filled in and signed by

the requesting employee. Refusal to sign the liability release will be

grounds for denying the waiver.

(b) If the medical waiver is approved, the Chief or designee will ensure:

1. A copy of the memorandum, letter, documentation and liability

release are forwarded to the person who requested the waiver; and

2. All originals will be forwarded to APD Health Services for placement

in the employee's medical file.

As such, it can be revoked by the Chief or designee at any time for any

reason.

(d) The waiver will be updated annually.

4. Defective and expired body armor will be handled as outlined in General Order

800 (Property and Equipment Accountability).

(b) Patrol Plate Carriers - Due to the increased threat of calls for service in which suspects

may be armed with high powered weapons, the Department will issue enhanced

ballistic plates and carriers (heavy vests) to authorized employees. The following

order will cover the issuance, care and use of the heavy vests.

1. Heavy vest issue/care:

(a) The heavy vests will be issued through the Police Equipment section and

will become part of the employee's inventory.

1. The Police Equipment section will develop a plan to replace the

heavy vests before they expire. No heavy vest will be worn after the

warranty expiration date has passed, except for training purposes

as approved.

2. Employees will contact their supervisor and the Police Equipment

section if they believe their heavy vest is defective.

3. The Police Equipment section will issue a loaner heavy vest if one

is available.

4. The Police Equipment section will make arrangements for the vest

to be replaced or repaired.

(b) Employees will follow General Order 800.2 and the manufacturer's care

instructions when caring for their heavy vest.

minimize heat damage to the armor.

(d) All officers will receive training on the proper care, fitting, inspection, use,

storage, and maintenance of the armor.

(e) Personally owned heavy vests.

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1. Employees may wish to purchase heavy vests or rifle plate inserts

at their own expense for use while on duty. If an employee chooses

to do so, the following guidelines will apply:

(a) The personally owned heavy vest plates will have the same

or higher ballistic rating that is approved by the NIJ Level IV

standard as the departmentally issued heavy vest.

(b) The heavy vest carrier will be black in color and have the word

"Police" clearly visible in a light color on the front and back. No

other markings or patches will be worn on the heavy vest.

heavy vest carriers issued by the department.

(d) Employees will complete and sign APD form PD0255

(Personal Heavy Vest and/or Rifle Plate Authorization)

acknowledging their duty to maintain their personally owned

heavy vest and/or rifle plates and their responsibility to replace

damaged or unserviceable equipment and forward it to APD

Police Equipment for retention. A copy will also be maintained

by the employee's supervisor.

(e) Supervisors will inspect personally owned heavy vest and/or

rifle plates prior to their first use to ensure compliance with this

policy and the authorization form. Supervisors will also inspect

the heavy vest and/or rifle plates annually. Supervisors will

ensure neither item is worn past its expiration date, or if it is

damaged or unserviceable.

2. Heavy Vest Use:

(a) The purpose of the heavy vest is to offer a higher level of ballistic protection

for employees responding to incidents where the possibility of engaging a

suspect with a high powered firearm is present.

1. Examples of when the heavy vest may be deployed are:

(a) Active shooter(s)

(b) Calls which state a subject is or may be armed with a firearm

(d) Forcing entry into a structure/breaching a door

(e) This list is not all inclusive and other scenarios may arise

where the use of the heavy vest is appropriate.

2. Examples of when the heavy vest should not be deployed are:

(a) Routine traffic stops

(b) Routine, low priority calls for service

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Nothing in this order is intended to discourage the use of the heavy vest when appropriate. The

appropriate use of the heavy vest should be measured and monitored by the shift supervisor.

Corrective action will be taken by the supervisor in the event the heavy vest is not used in

accordance with this order.

801.2.5 DEPARTMENT ISSUED PAGERS

(a) Employees issued a Department pager will ensure the pager is operational and, when

practicable, in their possession at all times.

1. Employees will respond to any Departmental page as soon as practicable.

2. Employees paging another employee will include their employee number or

other identifying designation in the page (e.g., their name or employee number).

3. Pages requiring an immediate response or are urgent in nature (e.g., SWAT

call out) should be sent using a designated City of Austin paging system (e.g.,

Wireless Office, CAD). Systems such as outlook, the internet, and the telephone

are not as reliable and/or may not work during large events where technology

usage is high.

(b) Employees may request to receive individual pages as a text message or e-mail with

the following considerations:

1. Employees are still required to have their pager in their possession as outlined

above.

2. Requests must be submitted by email to the Help Desk and include the

employee's name, employee number, email address, cell phone number, and

cell phone provider.

3. Only individual pages sent by text message or email via Wireless Office will be

received. Group or mail drop pages will not work with this system.

4. Employees are responsible for any costs incurred with their cell phone provider

for using this optional service. The Department provides pagers at no cost to the

employee and will not reimburse employees for any messages received.

5. Employees making the request must be an authorized person on cell phone

provider account to make billing changes and accept charges.

801.2.6 HEADGEAR

The Department authorizes only the following types of headgear:

(a) Military Style Hat

1. Will be immediately accessible when wearing the Class A uniform, and will be

worn when directed to do so.

2. May not be worn with Class B, C and D uniform.

3. Will be worn in a traditional manner with the bill facing forward.

4. Emblems, pins, or decorations other than the Department hat badge and

authorized command braid will not be placed on the hat.

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(b) Baseball Style Cap

1. Only the Department issued or approved baseball style cap with cloth hat badge

may be worn.

2. May only be worn with a Class C or D uniform.

3. Will be worn in a traditional manner with the bill facing forward.

4. Emblems, pins, or decorations other than the cloth Department hat badge and

authorized command braid will not be placed on the hat.

1. Officers may purchase a black or dark navy blue fur trooper style cap to be worn

during cold weather.

2. The hat badge will be affixed to the cap's front.

(d) Winter Style Knit Stocking Cap

1. A black or a navy blue knit stocking cap may be worn with the Class B, C, and D

uniform during cold weather. Supervisors are authorized to make an exception

for officers performing bicycle operations.

2. May not be worn when attending a formal ceremony.

(e) Helmet

1. General duty helmets may be worn with a Class B, C or D uniform.

2. Tactical helmets may only be worn with the Class D uniform.

3. May be worn with or without a face shield, as appropriate.

801.2.7 FOOTWEAR

(a) Types of authorized footwear:

1. Black low quarter shoes, including dress, tactical or athletic style shoes.

2. Black tactical style boots (leather or leather and nylon construction), including

combat or jump style boot, and "Rocky" styles.

3. Black walking boots, including Wellington or Roper styles.

(b) All footwear must:

1. Be clean, in good condition, and solid black in color;

2. Be made of smooth grained leather or a similar synthetic material having an

acceptable likeness to leather; and

3. Have a round or medium-round toe style.

4. All footwear worn with Class A uniforms will conform to these guidelines and

must be clean and shined or polished.

1. Sharp pointed shoes or boots.

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2. Footwear with colored decorative stitching, buckles or "wingtips".

3. Footwear with taps or metal plates.

(d) Socks worn with low-cut shoes will be black or dark navy blue.

801.2.8 JACKETS

(a) Authorized jackets include:

1. Jackets issued or authorized by the Department; or

2. Individually purchased black leather Bomber or patrol style, similar to the issued

winter style jacket.

(b) Jackets will be worn with the sleeves rolled down and buttoned at all times.

801.2.9 REFLECTIVE VESTS

A Department issued reflective vest will be worn whenever an officer is directing traffic, at a

collision scene on a public road, or is directly exposed to vehicular traffic for an extended period

of time.

801.2.10 GLOVES AND SCARVES

(a) Black leather or cloth, full-fingered gloves may be worn only during cold weather

conditions.

(b) Full-fingered Kevlar type gloves specifically designed to protect the hands from cuts

and punctures may be worn only:

1. During the frisk or search of persons, vehicles, objects or premises.

2. While handling evidence or objects that are hazardous (e.g., hypodermic

needles, edged weapons, broken glass).

be worn with authorized jackets during cold weather conditions.

801.3 UNIFORM GUIDELINES

Sworn employees wear a uniform to be identified as the law enforcement authority in society.

The uniform also serves to identify the wearer as a source of assistance in an emergency, crisis

or other time of need. Some civilian employees also wear a uniform to be identified as part of a

specific assignment (e.g., crime scene, victim services).

(a) All sworn employees shall possess and maintain a serviceable uniform and the

necessary equipment to perform uniformed field duty at all times.

(b) Uniforms shall be neat, clean and appear professionally pressed.

as needed.

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(d) Department badge patches, police patches, name patches, and issued shoulder

patches identified with white lettering are the only patches authorized for wear while

in a patrol assignment.

(e) Undershirts worn beneath a uniform shall be white, black, or dark navy blue. No visible

slogans, logos, or printing on the shirt are permitted. Temporary exceptions for special

events may be made with prior approval by the Chief of Police.

(f) Officers shall not wear any garment under the uniform shirt whose sleeves extend

beyond the uniform shirt's sleeves.

(g) Uniformed patrol officers should not routinely wear any garment or equipment that

conceals their name and employee number, unless there is an operational need such

as, donning a traffic vest, heavy/tactical vest, or inclement or protracted weather

necessitates additional garments.

(h) Officers shall not intentionally cover their name and ID Number or uniform badge.

(i) Officers shall wear approved footwear while in uniform. Footwear must be clean and

in good condition.

(j) Civilian attire shall not be worn in combination with any distinguishable part of the

uniform.

(k) Employees shall only wear a uniform while on-duty, while in transit to or from work,

for court, or at other official Department functions or events.

(l) Employees under suspension shall not wear any part of the police uniform.

(m) Employees who normally wear a uniform as required by assignment shall not

begin their scheduled work hours in plainclothes without permission of a supervisor.

Employees shall be considered out of uniform when not wearing the prescribed

uniform.

(n) Employees are not to purchase or drink alcoholic beverages while wearing any part

of the Department uniform.

(o) Mirrored sunglasses shall not be worn with any Department uniform.

(p) With the exception of an approved accommodation due to a disability, exemptions

to the uniform guidelines may only be made by the appropriate assistant chief upon

request from the commander.

(q) Units requesting a permanent exemption will be referred to the Equipment Committee.

(r) Uniform standards for units exempt from this order will be outlined in the specified

units' Standard Operating Procedures.

801.3.1 CLASS A - DRESS/CEREMONIAL UNIFORM

The Class A uniform consists of:

(a)

Dark blue long-sleeved uniform shirt with metal badge and name plate.

(b)

Uniform pants (non-tactical or BDU style without side pockets).

(c)

Tie with authorized tie bar.

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(d)

Duty belt.

(e)

Formal military style hat.

801.3.2 CLASS B - STANDARD UNIFORM

The Class B uniform consists of:

(a)

Dark blue long-sleeved or short-sleeved uniform shirt with metal badge and name

plate.

(b)

Uniform pants(non-tactical or BDU style without side pockets).

(c)

Hats and ties are not authorized.

(d)

Duty belt.

For office duty assignments, the full duty belt is not required; however, officers

shall wear the Department issued handgun in a holster on their black trouser belt.

(e)

Authorized baseball style cap (optional).

801.3.3 CLASS C - PATROL UNIFORM

The Class C uniform consists of:

(a) Dark blue long-sleeved or short-sleeved uniform shirt with embroidered name and

badge.

(b) Authorized tactical BDU style pants with side pockets.

1. The approved shorts may only be worn with:

(a) Dark blue short sleeved uniform shirt with embroidered name and badge,

(b) DTAC blue polo shirt approved by the department.

2. Civilian personnel assigned to direct field support (e.g. Crime Scene, Victim

Services) are included in this order.

(d) Authorized baseball style cap (optional).

(e) Duty belt.

1. For office duty assignments, the full duty belt is not required however, officers

shall wear the Department issued handgun in a holster on their black trouser belt.

801.3.4 CLASS D - DEPLOYMENT UNIFORM

Depending on the circumstances of the deployment, part, or all, of the Class D Deployment uniform

shall be worn for special deployments such as Mobile Field Force, Tactical Alert Status, and during

Alpha/Bravo activations. If the circumstance of the deployment (i.e. severe weather event) does

not require the wearing of items (d) or (e) below, those items should still be accessible to the officer.

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Exemptions to this uniform order, for certain specialized units, must be approved by Executive

Staff. The Class D Deployment uniform consists of:

(a) Dark blue long-sleeve uniform shirt with embroidered name and badge.

(b) Authorized BDU style pants with side pockets.

(d) Tactical helmet with face shield, and

(e) Baton or PR24.

801.3.5 EXECUTIVE UNIFORM

Commanders and above may wear the Executive Uniform year round. The Executive Uniform

consists of a dress coat with epaulet rank insignia, badge, award ribbons and medals.

801.3.6 CIVILIAN EMPLOYEE UNIFORMS

Civilian employees assigned to positions requiring a uniform shall:

(a) Possess a serviceable uniform and equipment to perform their assignment.

(b) Wear footwear authorized in this order.

by the respective commander/manager.

801.4 REQUIRED AND AUTHORIZED UNIFORM RAIMENTS

No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment

except those authorized in this order. Required and authorized items include:

(a) Badge (required).

(b) Name Tag (required).

(d) Service Stripes (authorized).

(e) Award Ribbons (authorized).

(f) Award Medals (authorized).

(g) Service/Unit Pin (authorized).

(h) Tie Tacks, Tie Bars, and Pins (authorized).

801.4.1 BADGE

(a) The breast badge will be worn at all times centered over the left breast pocket.

(b) The hat badge will be worn on the formal military style hat and the fur trooper style hat.

1. The badge will be worn in a clip-type holder, clearly visible from the front.

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2. The badge will be worn on the gun side of the waistline and as close to the

holster as possible without hindering access to the weapon.

(d) Uniformed employees will wear a black mourning band across the uniform badge

whenever a law enforcement officer is killed in the line of duty. The following mourning

periods will be observed:

1. An officer of this Department - From the time of death until midnight on the 14th

day after the death.

2. An officer from Texas - From the time of death until midnight on the day of the

funeral.

3. Funeral attendee - While attending the funeral of a fallen officer.

4. National Peace Officers Memorial Day (May 15).

5. As directed by the Chief of Police or designee.

(e) Employees will not lend their badge to another person, or permit it to be photographed

or otherwise reproduced without the prior approval of the Chief or designee.

801.4.2 NAME TAG

(a) Name tags will be silver with only the employee's last name printed in black lettering.

(b) Cloth name tags worn on the Class D uniform will be dark blue with silver lettering.

pocket when no award ribbons are worn.

(d) When award ribbons are worn, the name tag will be centered above the right breast

pocket and one-quarter (1/4) inch above the award ribbons.

801.4.3 RANK INSIGNIA

Officers will wear such insignia of rank or recognition as issued or prescribed by the Department.

(a)

Corporal/Detective

Two sleeve chevrons with a single star centered below them will be worn

centered on each uniform shirt and jacket sleeve, five and one half inches (5

1/2) below the shoulder seam of each sleeve.

2. Employees in the rank of corporal/detective for 10 cumulative years are issued

a rocker with two sleeve chevrons with a single star centered below them to

be worn centered on each uniform shirt and jacket sleeve, five and one half

inches (5 1/2) below the shoulder seam of each sleeve.

(b)

Sergeant

Three sleeve chevrons will be worn centered on each uniform shirt and jacket

sleeve, five and one half inches (5 1/2) below the shoulder seam of each sleeve.

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Employees in the rank of sergeant for 10 cumulative years are issued a rocker

with three sleeve chevrons to be worn on each uniform shirt and jacket sleeve,

five and one half inches (5 1/2) below the shoulder seam of each sleeve.

(c)

Lieutenant, Commander, Assistant Chief, and Chief of Police

Rank insignia will be worn in symmetrical pairs, centered between the top and

bottom edge of the insignia one inch from the front of the collars of uniform shirts

and on the epaulets of uniform jackets, including the Executive Uniform jacket.

(a)

Lieutenant bars will be worn with the long axis of the bars parallel to the

front edge of the collar, with the outer edge of the insignia one inch from

the bottom of the collar.

(b)

Commander, assistant chief, and Chief stars will be worn with one ray of

each star pointing toward the top of the collar.

801.4.4 SERVICE STRIPES

Service stripes may be worn on the left sleeve of long sleeve shirts, four (4) inches from the end

of the sleeve.

(a) One stripe is permitted for each completed four (4) years of commissioned police

service.

(b) Service stripes are not worn on uniform jackets.

801.4.5 OFFICER RECOGNITION CHEVRONS

Employees in the rank of officer for 10 cumulative years may be issued a single chevron with a

single star centered below them to be worn centered on each uniform shirt and jacket sleeve, five

and one half inches (5 1/2) below the shoulder seam of each sleeve.

801.4.6 AWARD RIBBONS

(a) Award ribbons may be worn in a line centered and one-quarter (1/4) inch above the

top of the right breast pocket of the Class A uniform shirt or Executive Uniform jacket.

(b) The line of ribbons will not normally be broken, and will not extend past either edge

of the pocket.

(d) Three award ribbons shall constitute a complete line. If necessary, additional lines will

begin centered above the first.

1. Awards will be worn in a descending order with the highest award ribbon placed

closest to the heart.

2. If more than one row is used, the higher precedence awards will be on the top.

3. In no case will more than five lines of award ribbons be worn.

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(e) Only the initial ribbon received for any award type will be worn. Subsequent awards

of the same type will be indicated by authorized stars placed on the first award ribbon

as outlined in General Order 922 (Awards and Commendations).

801.4.7 AWARD MEDALS

Award medals may be worn but only on the Executive Uniform jacket.

(a) Award medals may be worn in a line, centered, and one-quarter (1/4) inch below the

police badge on the jacket.

(b) Medals will be worn in a descending order with the highest award medal placed closest

to the heart. Only one type of each awarded medal may be worn.

801.4.8 SERVICE/UNIT PIN

Service/unit pins must be submitted to the Equipment Committee and approved by the Chief or

designee. Only one approved pin may be worn on the uniform.

(a) Upon approval, service/unit pins will be worn centered in a line one-quarter (1/4) inch

above the name plate. Approved Service and Unit pins are:

1. SWAT

2. EOD

3. Air Unit

4. Patrol K9

5. Hostage Negotiations

6. SRT

7. Honor Guard

8. Motors

9. Mounted Patrol

10. FTO

11. CIT

12. City Years of Service.

13. CAST

14. Academy

(b) Only personnel currently assigned to the unit for which a pin has been authorized shall

be permitted to wear the unit pin.

801.4.9 TIE TACKS, TIE BARS, AND PINS

(a) Only issued or authorized tie bars will be worn with the Class A uniform. Tie bars will

be worn horizontally on the lower half of the necktie, midway between the third and

fourth buttons from the top.

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(b) Only authorized tie tacks and pins may be worn with any APD uniform. Employees

will not wear any tie tack or other pin making a political statement, or displaying any

offensive design, logo, or wording.

801.4.10 ORDER OF PRECEDENCE AND WEAR CHART

The name tag, award ribbons, and authorized service/unit pins will be worn in the following

manner:

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801.5 PLAIN CLOTHES ATTIRE

This section applies to sworn and civilian employees that do not wear a uniform as part of

their assignment. All employees are expected to present a clean, professional appearance in

the workplace and when representing the Department. Variations from this order are allowed as

required by assignment, approved due to a medical condition, or approved by the Chief of Police.

801.5.1 SWORN GUIDELINES

(a) Employees shall wear clothing that fits properly, is clean and free of stains and not

damaged or excessively worn.

(b) Male employees who wear civilian clothing to work shall wear:

1. Button-style shirts with a collar, slacks or suits that are moderate in style.

2. Footwear that is appropriate for the assignment and does not present a safety

hazard to the employee.

3. A tie is optional unless attending court or formal meetings with the Chief, or when

designated to be worn by a supervisor for a specific purpose.

1. Dresses, skirts, slacks, blouses, capri or crop pants, or suits that are moderate

in style. Dress/skirt lengths shall be professional in appearance.

(d) Employees may wear casual attire (e.g., denim jeans, athletic shoes) on Friday,

Saturday, and Sunday, unless the employees is attending court, has a formal meeting

with the Chief, a media interview, or when it is not authorized to be worn by a supervisor

for a specific purpose.

801.5.2 PROHIBITED ATTIRE - SWORN

No item of civilian attire may be worn on-duty that would adversely affect the reputation of the

Austin Police Department or the morale of the employees.

(a) Unless otherwise approved, the following items shall not be worn on-duty:

1. T-shirt or tank tops alone.

2. Slippers or flip-flops.

3. Swimsuit, tube tops or halter tops.

4. Clothing designed specifically for sports, such as workout clothing, unless it is

necessary during the course of your assigned duties (i.e. Training, Recruiting,

PAL, etc.).

5. Sweatpants, sweatshirts, sweat suits or wind/warm-up suits.

6. See-through clothing.

7. Clothing that shows bare shoulders (e.g., strapless, spaghetti straps) unless a

coordinating jacket or blouse is worn as a top garment at all times.

8. Denim clothing and athletic shoes unless otherwise authorized by this order.

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9. Any attire with offensive or inappropriate language.

801.5.3 REQUIRED SWORN EQUIPMENT

Immediately Available - Close at hand, so as to be instantly ready without delay for use

Available - Readily obtainable or accessible within a short period of time or delay (e.g. in a vehicle

parked nearby)

(a) On duty sworn employees will have the following items immediately available while

not in contact with the public (e.g. in the office) or while in the public but not identifiable

as a police officer and not engaged in any law enforcement activity:

1. Authorized handgun

2. Handcuffs with key

3. APD Badge

4. Police Identification

(b) On duty sworn employees will have the following items on their person while in the

public and identifiable as a police officer:

1. An authorized handgun in a Level 1 (or greater) holster affixed to a belt with APD

badge displayed adjacent to the handgun or worn on a lanyard which visibly

displays the badge at chest level.

(a) Access to the handgun may not be restricted by clothing (e.g. untucked

shirt) other than a jacket, sports coat, windbreaker, or similar clothing item

which limits easy access to the area of the handgun.

2. A spare magazine for the handgun in a magazine holder attached to the belt.

3. Approved control device listed in General Order 206.2.3 (Approved Control

Devices) attached to the belt.

4. Handcuffs with a key

5. Police Identification, made plainly visible from the front of the officer

6. A ballistic vest

(a) Available, does not need to be worn

7. A windbreaker, vest, or cover with the word "Police" on the front and back

(a) Available, does not need to be worn

8. A police radio, powered on

enforcement action, follow-up activity, or field interview will wear a windbreaker, vest,

or cover with the word "Police" on the front and back and will log onto the radio with

dispatch.

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801.5.4 CIVILIAN GUIDELINES

Clothing should fit properly, be clean and free of holes, tears, or other signs of damage and not

be excessively wrinkled. Footwear should be appropriate for clothing being worn and workplace

appropriate.

801.5.5 PROHIBITED ATTIRE - CIVILIANS

No item of civilian attire may be worn on-duty that would adversely affect the reputation of the

Austin Police Department or offend customers, clients, or colleagues.

(a) The following items shall not be worn on-duty:

1. Clothing with offensive or inappropriate designs or stamps.

2. Clothing that is excessively revealing.

3. Clothing designed specifically for sports, such as workout clothing, unless it is

necessary during the course of your assigned duties (i.e. Health and Wellness

Coordinator, etc.).

801.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS

Unless specifically authorized by the Chief of Police, Austin Police Department employees may not

wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department

badge, patch or other official insignia, or cause to be posted, published, or displayed, a photograph

as an employee of the Austin Police Department in order to:

(a) Endorse, support, oppose or contradict any political campaign or initiative.

(b) Endorse, support, oppose or contradict any social issue, cause or religion.

entity.

(d) Appear in any commercial, social or non-profit publication, or any motion picture, film,

video, public broadcast or on any website.

801.7 REQUESTS FOR CHANGE TO AUTHORIZED EQUIPMENT

Requests for new equipment or uniform exemptions shall be routed to the Equipment Committee.

The Chief retains the right to add or remove equipment as needed.

801.8 PERSONNEL AND EQUIPMENT INSPECTIONS

Supervisors shall perform inspections of personnel and equipment to ensure compliance

with Department General Orders. The supervisor will have until the 10

of the month

to submit the completed inspections to their lieutenant. The lieutenant will have until the

of the month to review the inspections and forward them to Risk Management at

[email protected] for storage.

(a) Using form PD0128, first responder units listed in 303.3(d) will be inspected in the

following manner:

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1. Probationary patrol officers (PPO) will be inspected monthly.

2. All other officers will be inspected quarterly in the months of January, April, July,

and October for the previous 3 month period.

(b) Using form PD0127, non-first responder units will be inspected annually in the

following months.

1. Units within the Headquarters and Wellness Bureaus will be inspected in the

month of February.

2. Non-first responder units within the Patrol Bureaus will be inspected in the month

of May.

3. Units within the Investigations I Division will be inspected in the month of June.

4. Units within the Investigations 2 Division will be inspected in the month of August.

5. Units within the Organized Crime Division will be inspected in the month of

September.

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Duty Firearms

803.1 PURPOSE AND SCOPE

This order sets guidelines on the types of authorized weapons and ammunition, as well as

procedures for registration, qualification and proficiency with authorized duty weapons. For

purposes of this order, on-duty is defined as any activity in which the employee is receiving

compensation or benefit as a result of their employment with the Department, or wearing any part

of the uniform.

803.1.1 AUTHORIZATION TO CARRY FIREARMS

Only sworn personnel who have met all state standards, required Department training, and have

been authorized by the Chief of Police shall be able to carry a firearm both on- and off-duty.

Nothing in this directive shall be construed to prevent officers from using any weapon at their

disposal for protection from death or serious bodily injury in a bona fide emergency.

803.1.2 ALIAS HANDGUN LICENSE

On written approval of the DPS director, the Department may issue to an officer an alias license

to carry a concealed handgun to be used in supervised activities involving criminal investigations

(Tex. Gov't Code § 411.198(a)).

803.2 SAFE HANDLING OF FIREARMS

The intent of this order is to promote proper firearm safety on and off duty. Employees shall

maintain the highest level of safety when handling firearms.

803.2.1 GENERAL GUIDELINES

(a) Officers shall not unnecessarily display or handle any firearm.

(b) Officers shall be governed by all rules and regulations pertaining to the use of the

range and shall obey all orders issued by range personnel.

firearm practice, training, qualification, or repair. Officers will use a clearing barrel to

ensure weapons are unloaded.

(d) Range personnel will inspect all firearms for safety and maintenance needs during the

training or qualification sessions or on schedules established by the range supervisor.

1. If the weapon is in satisfactory condition, the officer will be allowed to go on with

practice or qualification.

2. If the weapon is not in satisfactory condition, the problem must be corrected

before the officer may engage in practice or qualification. If there is a problem

with a duty weapon that cannot be corrected:

(a) Affected officer's supervisor and the Learned Skills Unit supervisor will be

notified.

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(b) If the weapon is a city issued Smith and Wesson M&P pistol, range

personnel will issue the officer a temporary M&P until the problem is

corrected

(e) Any unintentional firearm discharge by an employee will be reported as outlined

in General Order 202 (Firearm Discharge Situations). If the unintentional firearm

discharge is deemed negligent, the employee will be considered in violation of

Department General Orders.

803.2.2 STORAGE OF FIREARMS

Officers shall ensure that all firearms and ammunition are secured in a manner that will keep them

inaccessible to children and irresponsible adults while in the officer's possession, home, vehicle,

or any other area under the officer's control.

803.3 AUTHORIZED WEAPONS

Department approved weapons and ammunition are those authorized by the Training commander

for use by the Department while on-duty. Contact the APD Range for the most up-to-date

Department Approved Weapons list.

(a)

The Department Approved Weapons list will be reviewed at least annually by the

Training Division.

(b)

Officers who wish to add a weapon to the Department Approved Weapons list must

utilize the following procedure.

Officers will forward a memorandum to the Training Division requesting a new

weapon be added to the current List.

The memorandum will contain the following information:

(a)

Information on weapon specifications (e.g., make, model, caliber, location

of safety, bullet capacity); and

(b)

Justification for adding the weapon to the list.

All test weapons will undergo a thorough inspection. It will be test fired and

evaluated for reliability and examined to see if it conforms to existing safety

standards (e.g., night sights, ambidextrous thumb safety [if required], functioning

grip safety). The test weapon will be left at the Academy Range until all testing

and evaluation are completed.

Consideration will only be given to weapons with improved design, function, or

applicability to the job over those weapons currently on the list.

APD will not provide reimbursement for rejected weapons.

Final approval to add the weapon to the current list will be made by the Training

commander.

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803.3.1 REGISTRATION OF WEAPONS

Officers will not carry a primary or backup weapon on-duty until all the requirements of this

order have been met. The Training Division will maintain a record of any weapon(s) an officer is

authorized to carry.

(a) Personally owned firearms carried on-duty must be registered with the Department by

the officer requesting to carry them.

1. Officers may have a maximum of three handguns and one rifle to include any

city issued weapons.

2. Handguns/rifles can be registered (added or deleted) at any time during the

calendar year; however, officers may only register (add or delete) two handguns/

rifles per year from their registered weapons list. Exceptions may be considered

by the Training commander.

3. All handguns added to an officer's registered weapons list are required to be

equipped with night sights.

4. Officers who desire to carry a personally-owned AR-15 while on-duty must meet

the requirements listed in the personally-owned Long Rifles section of this order

and register the weapon with the Department.

5. All weapon additions must be approved by the Learned Skills Supervisor or their

designee.

(b) Officers wishing to add a weapon to their registered list must complete the following

steps:

1. Requesting officers shall deliver the weapon to the firearms range for inspection.

2. Firearms range personnel will ensure the weapon is on the current Department

Approved Weapons list and that the weapon is in good working order and meets

any requirements listed in general orders or the Department Approved Weapons

List.

3. Requesting officers must qualify with the weapon on the current course of fire.

803.3.2 MODIFICATION OF FIREARMS

Officers shall not make any unapproved modifications to any firearm carried on duty. Approved

modifications and additions will be made in compliance with the Approved Weapons and

Ammunition List.

Any modifications made to a firearm must be inspected by Learned Skills Unit personnel prior to

being carried on-duty.

803.3.3 DEPARTMENT ISSUED SHOTGUNS

Shotguns are assigned to most marked police units and to individual officers as needed.

(a) At the beginning of each shift, officers are responsible for ensuring there is no shell

in the chamber, the hammer is not cocked, and the weapon is secure until it is being

readied for imminent use.

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(b) Department shotguns will be loaded to magazine capacity (four or six rounds) with

authorized 00 buckshot.

1. One ounce rifled slugs may be used when:

(a) There is an immediate need or in situations that are deemed special

circumstances; or

(b) Distances to the threat are such that it is beyond the effective range of

20-25 yards for 00 buckshot.

2. The shotgun will be reloaded with 00 buckshot as soon as practicable after the

incident.

3. When rifled slugs are discharged from a shotgun, officers will document in an

incident report or memorandum to the chain of command why the rifled slug was

used.

803.3.4 PERSONALLY OWNED SHOTGUNS

Officers that meet the following criteria may be authorized to carry personally owned shotguns

while on-duty. Personally owned shotguns are for the exclusive use of the weapon owner and will

not be loaned or distributed for use to any other officer unless there is a bona fide emergency.

(a) To carry a personally owned shotguns, officers must:

1. Receive approval through the chain-of-command up to the commander to carry

the shotgun; and

2. Meet requirements listed in the Department Approved Weapons and

Ammunition List.

(b) Officers must qualify with the shotgun annually on a course designated by the Learned

Skills unit.

monthly inspection by an immediate supervisor.

(d) The weapon must be secured in the patrol vehicle weapon rack.

(e) Officers shall carry only Department authorized ammunition. Officers shall not modify

or alter any approved ammunition.

(f) No offensive marking on the weapon. Any questions regarding if the image/word(s)

falls under offensive will be directed to the LSU Sergeant with the final determination

being made by the LSU Lieutenant.

803.3.5 DEPARTMENT ISSUED RIFLES

Each Patrol shift will normally be authorized two (2) Department issued rifles (i.e., AR-15). Officers

that have attended a Department approved Semi-Automatic Rifle Course will be eligible to be

assigned a Department issued rifle.

(a) Each Department issued rifle will be issued to an assigned officer and the rifle will be

tracked by serial number.

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(b) Officers must qualify with the rifle annually on a course designated by the Learned

Skills unit.

to carry a Department issued rifle, the assigned weapon will be stored at the training

academy until reassignment.

(d) Shifts will not trade weapons unless there is a bona fide emergency.

(e) The weapon must be carried in either a hard protective case or secured in the patrol

vehicle weapon rack.

(f) Department issued rifles will only be equipped with department issued Aimpoint optics

and mounts. Officers are prohibited from replacing the issued Aimpoint optic with a

different optic from the approved list for personally owned rifles.

803.3.6 PERSONALLY OWNED RIFLES

Officers that meet the following criteria may be authorized to carry personally owned rifles while

on-duty. Personally owned rifles are for the exclusive use of the weapon owner and will not be

loaned or distributed for use to any other officer unless there is a bona fide emergency.

(a) To carry a personally owned rifles, officers must:

1. Receive approval through the chain-of-command up to the commander to carry

the rifle; and

2. Successfully complete the Department approved semiautomatic rifle course;

and

3. Meet requirements listed in the Department Approved Weapons and

Ammunition List.

(b) Officers must qualify with the rifle annually on a course designated by the Learned

Skills unit.

will no longer be authorized to carry the rifle on-duty.

(d) Officers authorized to carry a rifle on-duty will be subject to monthly inspection by an

immediate supervisor.

(e) The weapon must be carried in either a protective case or secured in the patrol vehicle

weapon rack.

(f) No marking(s), stickers(s), engraving(s), etc., may be placed on the weapon with

the exception of manufacturer identifiers (serial number, model number, etc.) and an

employee’s initials or employee number. This does not apply to Special Operations

sniper rifles using camouflage/concealment designs

(g) Short barrel rifles are approved for use on patrol. The requirements for the SBR are:

1. 10.5" barrel length. (9.5" and a 1" flash suppressor does NOT meet the

requirement, etc.)

2. Silencers are not authorized.

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3. Officers shall carry only Department authorized ammunition. Officers shall not

modify or alter any approved ammunition.

4. Officers MUST possess the proper ATF tax stamp for that specific weapon. The

tax stamp will be checked by LSU staff prior to an officer being approved to carry

the SBR on duty.

5. If an officer fails to provide the appropriate tax stamp, specific to the rifle they

are possessing, the LSU Sergeant will be notified and a memorandum will be

sent to the officer's chain of command as well as Internal Affairs.

803.3.7 SPECIALIZED WEAPONS

Specialized weapons may be authorized by the Chief for use by specific Units or persons.

(a) Officers must meet the qualification standard for any specialized weapons before

carrying the weapon on-duty and must qualify annually with these weapons.

(b) Qualifications for authorized specialized weapons will be on a course of fire designed

and supervised by the Special Operations SWAT Unit, at the direction of a Certified

Firearms instruction with a specialty for the specific weapons. All records: annual, bi-

annual, quarterly, or monthly qualifications will be performed by Special Operations

Swat Team Firearms Instructors, and copies of both the course of fire and the

documents showing proficiency will be provide to the Learned Skills Unit. Specialized

weapons are those weapons not listed on the approved weapons list for the

department.

or delete Specialty Weapons as the circumstance and situations change.

(d) Special Operations Firearms instructors will be responsible for logging all qualification

courses and those who have passed/failed. Copies of the qualifications will be

forwarded to the Learned Skill Unit. The Special Operations Swat Sergeant who is

responsible for the Sniper program will hold the original records and make those

records available upon requested

803.3.8 AMMUNITION

(a) Officers shall carry only Department authorized ammunition. Officers shall not modify

or alter any approved ammunition.

(b) Special Operations officers will carry authorized ammunition that has been tested

by Special Operations personnel for use in specialized weapons not authorized

for personnel outside of the Special Operations Division. All ammunition carried by

Special Operations will be approved by the Special Operations Commander prior to

use in the specialized weapons.

803.4 FIREARMS PROFICIENCY

(a) Officers shall annually demonstrate proficiency to the proficiency officer for each

authorized firearm carried (Tex. Occ. Code § 1701.355).

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(b) The Learned Skills Unit shall keep accurate records of quarterly qualifications, repairs,

maintenance and training as required by law. The course of fire shall meet or exceed

the minimum standards required by law. Separate firearms proficiency tests must be

demonstrated and conducted for each weapon used, such as a handgun, shotgun,

patrol rifle or fully automatic weapon (37 Tex. Admin. Code § 217.21).

Department Response to Resistance General Order and demonstrate working

knowledge and understanding of the order (Tex. Occ. Code § 1701.355).

(d) In the event that the above requirements present a hardship, the Department may

request in writing that TCOLE waive an officer's annual demonstration of weapons

proficiency requirement (Tex. Occ. Code § 1701.355(b) and 37 Tex. Admin. Code §

217.21(e)).

(e) All sworn personnel will practice and qualify in their regular work attire (e.g. plain

clothed officers will qualify in plain clothes).

803.4.1 ANNUAL QUALIFICATION

Officers must qualify annually on a TCOLE approved course of fire with each firearm and type

of ammunition they are authorized to carry. In addition, approved firearms and duty ammunition

must be thoroughly inspected by firearms personnel as outlined in this order.

(a) Immediate supervisors are responsible for ensuring officers qualify when required to

do so.

(b) Scoring on APD qualification courses will be done on a pass/fail basis. No numerical

score will be recorded for qualification purposes.

1. Officers who routinely work all or part of a normal shift under low light or night

low light conditions must qualify on the nightfire course.

2. Officers who routinely work Law Enforcement Related Secondary Employment

(LERE) during low light or night conditions must qualify on the nightfire course.

3. Officers that qualify on the nightfire course do not have to qualify during the day.

4. Officers transferring from a day shift to an evening or night shift must qualify as

soon as practicable but no later than 28 days of receiving their 28-day notice of

transfer. For those instances where an officer does not receive a 28-day notice

of transfer, they must qualify as soon as practicable but no later than 28 days of

receiving their transfer date. This includes temporary transfers that are 28 days

or longer as well as permanent transfers.

(d) Qualification Scheduling

1. Annual qualification will normally be done during the first quarter of the calendar

year. Scheduling and signup will be done through TRAIN.

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803.4.2 FAILURE TO QUALIFY WITH DUTY WEAPONS

(a) Officers failing to appear at the firearm range to qualify during any mandatory

qualification period will be subject to disciplinary action.

1. At the end of each qualification period, the Learned Skills Unit supervisor will

prepare a list of officers who did not appear at the firearms range to qualify by

the designated deadline. This list will be submitted to the Office of the Chief and

the affected Commander.

(b) Officers that fail to make a passing score on a qualification relay for a primary duty

weapon shall be given the opportunity to fire a second qualification relay.

1. Qualification While On-Duty

(a) If an on-duty officer fails the second qualification relay, the officer will be

placed in a non-enforcement capacity by the Learned Skills Unit supervisor

and scheduled for a remedial training class designed for the type of

weapon the officer failed to qualify with.

(b) The officer's immediate supervisor will be notified.

2. Qualification While Off-Duty

(a) No overtime or compensation time will be given for a second qualification

relay.

(b) If an off-duty officer cannot spend the extra time to qualify, or fails

the second qualification relay, the Learned Skills Unit supervisor shall

immediately notify the officer's supervisor

1. Changing the officer's duty status to a non-enforcement capacity;

and

2. Assigning the officer to a remedial training class designed for the

type of weapon the officer failed to qualify with; and

3. Ensuring the officer's duty hours are changed, if needed, to attend

the remedial class.

3. Removal of Weapon from an Officer's Registered List

(a) Instead of being placed on remedial status for failure to attain a passing

score, the following options are available:

1. An officer failing to qualify with a Secondary/Backup weapon has the

option of removing the weapon from their registered list of handguns

provided they have qualified with another handgun that is approved

as a primary duty weapon. This will be done before the officer leaves

the firearms range.

2. An officer failing to qualify with a City-issued handgun does not have

this option.

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be prohibited from carrying the weapon until they successfully complete an additional

Department approved semiautomatic rifle course.

803.4.3 REMEDIAL FIREARMS TRAINING

Remedial firearms training is specifically for APD personnel who have failed to qualify with an

approved weapon.

(a) Classes will be designed by the firearms range staff and conducted as soon as

practical after an officer is placed on remedial status.

(b) After completion of each remedial training class, the officer attending the class will fire

in a qualification relay. If due to their assignment the officer is required to pass a low

light qualification course, the officer must pass a low light qualification course prior to

returning to duty.

1. If the officer makes a passing score, the Learned Skills Unit supervisor will

notify the officer's supervisor and recommend the officer be returned to an

enforcement capacity.

2. If the officer fails to make a passing score after remedial training, the officer

may be subject to indefinite suspension. The Learned Skills Unit supervisor

will forward the documentation through the Training commander to the officer's

commander.

officer passed the qualification relay.

803.5 USE OF RANGE FOR PRACTICE FIRE

The firearm range will be available for practice as shown on the most current range schedule.

(a) Only approved weapons and ammunition will be utilized on the firearms range.

(b) Officers practicing on the range may be issued 50 rounds (maximum) of practice

ammunition per day.

is fired.

1. Free Form: The shooter fires on their own under firearms range supervision; or

2. Practice Course: An organized course is run for all shooters practicing on the

firearms range at that time.

803.6 CLEANING AND MAINTENANCE

(a) Officers are responsible for ensuring their weapons are clean, safe and functional.

(b) Handguns may only be repaired by an APD approved gunsmith or armorer. Repairs

shall not exceed manufacturer specifications.

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(d) Cleaning a Department issued rifle is the responsibility of the officer to whom the

weapon has been assigned. Cleaning will be done per current rifle training protocol.

(e) The supervisor in charge of a unit that uses specialized weapons is responsible for

coordinating the cleaning of those weapons.

803.7 FLYING WHILE ARMED

The Transportation Security Administration (TSA) has imposed rules governing law enforcement

officers flying armed on commercial aircraft. The following requirements apply to personnel who

intend to be armed while flying on a commercial air carrier or flights where screening is conducted

(49 CFR § 1544.219):

(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation

or pleasure purposes.

(b) Officers must carry their department identification card, which must contain a full-

face picture, the officer's signature and the signature of the Chief or the official

seal of the Department, and must present this identification to airline officials when

requested. Officers must also carry their department badge as well as the standard

photo identification needed for passenger screening by airline and TSA officials (e.g.,

driver's license, passport).

(NLETS) message prior to travel. The NLETS message sent by the employing agency

will replace the current original letter of authority, signed by the chief or agency head,

required under 49 CFR 1544.219. Once the NLETS message is received by TSA, a

return NLETS message will be sent to the employing agency with an eight character

Unique Alphanumeric Identifier for verification at the airport on the day of travel.

1. Failure to use the NLETS message in lieu of the Original Letter of Authority

(Commonly referred to as the "Chief's Letter") will result in denial to the sterile

area for failure to comply with the "Letter of Authority" requirement delineated

in 49 CFR 1544.219.

2. Prior to submitting the NLETS request, officers must first obtain authorization

signatures from their commander and the Chief of Police or their designee using

form PD0284.

(d) Officers must have completed the mandated TSA security training covering officers

flying while armed. The training shall be given by the Department appointed instructor.

(e) Officers are responsible for notifying the air carrier in advance. This notification can

be accomplished by early check-in at the carrier's check-in counter.

(f) Discretion must be used to avoid alarming passengers or crew by displaying a firearm.

Officers must keep the firearm concealed on their person at all times. Firearms are not

permitted in carry-on luggage and may not be stored in an overhead compartment.

(g) Officers should not surrender their firearm but try to resolve any problems through the

flight captain, ground security manager or other management representative of the

air carrier.

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(h) Officers shall not consume alcoholic beverages while aboard an aircraft or within eight

hours prior to boarding an aircraft.

803.8 CARRYING FIREARMS OUT OF STATE

(a) Qualified active full-time officers and previously approved retired officers of the

Department are authorized to carry a concealed firearm in all other states subject to

the following conditions (18 USC § 926B and C):

1. Officers or retired officers shall carry a valid, unexpired APD ID card whenever

carrying a weapon.

2. Officers or retired officers is not the subject of any current disciplinary action or

current criminal investigation.

3. Officers or retired officers may not be under the influence of alcohol or any other

intoxicating or hallucinatory drug.

4. Officers and retired officers are cautioned that individual states may enact local

regulations that permit private persons or entities to prohibit or restrict the

possession of concealed firearms on their property, or that prohibit or restrict the

possession of firearms on any state or local government property, installation,

building, base or park. Federal authority may not shield an officer or retired officer

from arrest and prosecution in such locally restricted areas.

(b) Officers will remain subject to this and all other Department General Orders (including

qualifying and training).

requirements set forth in 18 USC § 926B and C.

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Department Vehicles

804.1 PURPOSE AND SCOPE

The Department utilizes motor vehicles operated by Department personnel in a variety of

applications. In order to maintain a system of accountability and ensure vehicles are used

appropriately, regulations relating to the use of these vehicles have been established.

For purposes of this order, Department vehicles are considered to be any vehicle used by

Department employees for official Department business, including privately owned vehicles or

vehicles owned, rented, leased, or maintained by the City.

804.2 GENERAL OPERATION OF DEPARTMENT VEHICLES

(a) Employees will operate Department vehicles in a careful and prudent manner within

the guidelines of the law and Department General Orders. Unsafe or negligent driving

is prohibited.

1. Vehicles will be operated in such a manner and at a rate of speed that the

driver, by use of ordinary care, can avoid colliding with another vehicle, object,

or person.

2. Employees will wear a seatbelt in the front or back seat while operating or riding

inside of a Department vehicle unless there is an operational, tactical, or medical

need to be unsecured.

(b) Department vehicles will be kept clean by utilizing car washes that are under City

contract.

DMAV) inside a Department vehicle unless the employee has been trained in its use.

(d) The use of a Personal Communication Device (PCD), such as a mobile phone, PDA,

or wireless two-way communication device while driving can cause unnecessary

distractions and presents a negative image to the public.

1. Employees operating emergency vehicles should restrict the use of these

devices while driving to matters of an urgent nature and should, where

practicable, stop the vehicle at an appropriate location to complete the call.

2. Except in the case of an emergency, employees who are operating non-

emergency vehicles will not use PCDs while driving unless it is specifically

designed and configured to allow hands-free listening and talking. Such use

should be restricted to business-related calls or calls of an urgent nature.

(e) When a Department vehicle is unattended and out of sight of the operator:

1. The vehicle should be turned off and legally parked, when practical, and properly

secured by locking the doors and ensuring the windows are rolled up; and

2. Any firearm inside the vehicle will be locked/secured unless being readied for

use.

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804.2.1 CHECK OUT AND RETURN OF DEPARTMENT VEHICLES

This section covers the guidelines for checking out and returning Department vehicles that are

stored and maintained at Department facilities.

(a) Employees will not use a vehicle assigned to another area or unit unless prior

authorization has been given by a supervisor from the affected area or unit.

(b) Employees checking out a Department vehicle will:

1. Legibly sign the vehicle out on the appropriate roster.

2. Conduct an inspection before using the vehicle and contact their immediate

supervisor or PCO if any issues are found; employees will :

(a) Check for vehicle damage and cleanliness;

(b) Check the condition of installed equipment; and

1. Refuel the vehicle when it has one-half (1/2) a tank of gas or less.

2. Park in a designated area at Department facilities.

3. Turn off all equipment and electronics.

4. Remove any personal equipment and trash from the vehicle.

5. Ensure all firearms are locked or turned into PCO.

6. Secure the vehicle and return the keys to PCO.

804.2.2 ASSIGNMENT AND USE OF DEPARTMENT TAKE HOME VEHICLES

Take home vehicles are used to maintain the effectiveness and efficiency of the Department by

allowing personnel to rapidly respond to situations involving the health, safety, or welfare of the

community. Take home vehicle assignments may be on a permanent or on-call basis.

(a)

Take home vehicle assignments will be determined by the Chief or designee. The

Department will maintain a list of assignments authorized to have permanent and on-

call take home vehicles.

(b)

Employees will not be allowed to utilize a take home vehicle if their residence is more

than 25 miles from the city limits of Austin.

(c)

Take home vehicles should be safely secured when not in use and parked in secure

areas when left overnight.

(d)

Employees who have been assigned a take home vehicle will complete the APD

Sharepoint Take Home Authorization Form : http://sharepoint.ausps.org/sites/apd/

SUPOPS/Lists/Take%20Home%20Car/AllItems.aspx before the employee utilizes

the take home vehicle and then complete an updated form in December of each

subsequent year.

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(e)

Each person in the employees Chain of Command up to the Commander is required

to approve the take home vehicle form on Sharepoint.

Employees will submit the form to their immediate supervisor for chain-of-

command review and assessment.

The chain-of-command will forward the form to Fleet Management upon

completion of the review.

804.2.3 DEPARTMENT VEHICLE USE FOR OUT-OF-CITY ASSIGNMENTS

(a) Employees who have obtained official authorization to utilize a Department vehicle for

an out-of-city assignment may contact a substation PCO and obtain a City credit card

prior to departing in the event the vehicle will need fuel or repairs.

(b) Employees will ensure the Department vehicle is mechanically sound prior to

departure by taking the vehicle to Service Center #5 for out-of-city trips exceeding 100

miles each way.

804.2.4 AUTOMATED FUEL SUPPORT PROGRAM

(a) The City has two types of fuel facilities:

1. Primary Fuel Site - A fuel facility with an automated fuel card reader. A fuel card

must be used at these facilities.

2. Alternate Fuel Site - A non-automated fuel facility located primarily at City

fire stations and Parks and Recreation facilities. Fuel issued at these sites is

recorded on a Daily Fuel Issue form.

(b) A magnetically coded plastic fuel card is assigned to every Department owned and

leased vehicle.

exists. Any lost, missing, or damaged fuel card will be reported in accordance with

Department General Order on Equipment Accountability.

(d) Unless authorized and specifically exempted in a Unit's SOP, whenever a Department

vehicle is used for out-of-city trips and it is necessary to refuel at a site other than

a City fuel facility, a current odometer reading must be reported prior to using a City

fuel facility.

804.3 PARKING OF DEPARTMENT VEHICLES

This section outlines the guidelines for parking Department vehicles while conducting City

business. City business does not include an employee parking a vehicle when merely showing

up for work at their regular work location.

(a) Employees are not authorized to park a vehicle in any prohibited parking area.

1. Employees receiving a parking citation for parking in a prohibited area are

responsible for paying the citation in a timely manner, regardless of whether or

not the employee was on City business at the time the citation was issued.

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(b) Employees on City business may park at a metered parking space without paying the

meter.

1. Employees receiving a parking citation at a metered parking space while

complying with a work related subpoena must adhere to the following guidelines

in a timely manner to have the citation dismissed; employees will:

(a) Legibly write their name, employee number and the court information (e.g.,

"County Court 3/Cause #123456") in the margin of the parking citation

itself; and

(b) Attach a copy of the subpoena to the citation, if available; and

attending.

2. Employees receiving a parking citation at a metered parking space while on all

other official City business will:

(a) Legibly write their name, employee number, and the type of City business

they were on in the margin of the parking citation itself; and

(b) Submit the citation to their immediate supervisor or the Court Liaison Unit

supervisor.

dismissal will legibly write their initials and employee number on the

parking citation and the statement, "Recommend Dismissal - On City

Business."

3. All citations requesting dismissal that have been reviewed by the employee's

supervisor or a Court Liaison will be turned in to the Court Liaison Unit

supervisor. The Court Liaison Unit supervisor is responsible for delivering

citations requesting dismissal to the Municipal Court Hearings officer.

duties may be issued a City Parking Permit to be used while conducting City business.

1. Requests for issuance of a City Parking Permit must be forwarded through the

chain-of-command for approval by the appropriate assistant chief.

2. Approved requests will be given to the Assistant Chief's administrative specialist

for processing.

(d) Certain Department vehicles will not be issued a City Parking Permit but will have the

vehicle license plate number entered into the City computer system as "exempt" when

parking in metered parking spaces.

804.4 USE OF DEPARTMENT VEHICLES TO PUSH/PULL OTHER VEHICLES

Officers have the authority to remove personal property from a roadway or right-of-way if an officer

determines that the property blocks the roadway or endangers public safety (Tex. Transp. Code

§ 545.3051).

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(a)

Some Department vehicles have push bars that are designed for and should be used

to assist in moving disabled vehicles from the roadway when reasonable and practical.

Employees must use caution because improperly pushing another vehicle may

cause the safety airbag to deploy in the Department vehicle.

(b)

Some Department vehicles are equipped with trailer hitches designed to pull or tow

other vehicles.

Employees will not pull another motor vehicle or trailer unless the Department

vehicle is equipped with a hitch capable of pulling the vehicle or trailer.

(c)

Officers are not liable for any damage to personal property removed from the roadway

or right-of-way unless the removal is carried out recklessly or in a grossly negligent

manner (Tex. Transp. Code § 545.3051).

If there is a complaint of damage to any property, including the Department

vehicle, as a result of pushing or pulling another vehicle from the roadway:

(a)

Officers will notify their supervisor.

(b)

Supervisors will inspect the alleged damage and make a determination if

the damage is the result of pushing or pulling the vehicle.

If the damage is a result of pushing or pulling the vehicle:

(a)

Digital images will be taken and downloaded into the appropriate records

management system using the incident number.

(b)

The employee who pushed the vehicle will:

Initiate an incident report titled Damage to City Vehicle.

Describe the incident and apparent damage in detail in the incident

narrative.

(c)

Reviewing supervisors shall:

Send e-mail notifications with the incident report number prior to the

end of the tour of duty to the:

(a)

Involved employee's chain of command up to the

lieutenant; and

(b)

APD Risk Management

Review the primary reporting employee's incident report and add a

Versadex case note to the report to document they were notified, if

they responded to the scene, and whether they have reviewed the

incident.

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(d)

Lieutenants in the reporting officers' chain of command will review

reports, photos, and any information related to the incident.

1. If the reviewing lieutenant determines that the officer is not

negligent, no further action is needed.

2. If the reviewing lieutenant determines that the officer is negligent

in the incident; the information is forwarded to the commander

for further review and action if appropriate (documented in field

notes, training, IAD, etc.).

804.5 REPAIR OF DEPARTMENT VEHICLES

When an employee discovers a defect in a Department vehicle, the vehicle will not be used if

the defect is such that the safety of the employee is in doubt or continued use would aggravate

the defect. Before removing a Departmental vehicle from service the employee will remove and

secure all weapons.

(a) Vehicle defects and malfunctioning emergency lights, sirens and radios shall be

reported on the Vehicle and Equipment Repair Form and submitted to the on-duty

PCO employee.

(b) Vehicles removed from service for maintenance or repair will not be operated by

anyone other than a repair employee until the vehicle has been returned to normal

duty status.

the employee's incident report and the charge of "Criminal Mischief" will be added to

any other charges against the person.

1. The employee will complete the repair form, include the incident number and

the damage to the vehicle, and forward the repair request to the vehicle fleet

manager.

804.5.1 REPAIR OF DEPARTMENT VEHICLES DURING AN OUT-OF-CITY ASSIGNMENT

When a Department vehicle used in an authorized out-of-city assignment becomes disabled and is

in need of immediate repair to return safely to Austin, the employee using the Department vehicle

will obtain minor repairs locally or coordinate by phone with Fleet Services for major repairs.

(a) Minor repairs are considered repairs that can be made for less than $300. The

employee should attempt to use a service that will honor the City fuel credit card.

(b) Major repairs are considered repairs that can be made for $300 or more.

1. The employee will contact Service Center #5 to coordinate major vehicle repairs.

If Service Center #5 is closed, the employee will use the emergency number at

(512) 974-3333.

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804.6 TOLL ROAD USAGE

The Vehicle Coordinator assigned to fleet operations shall maintain a list of license plate numbers

for City vehicles that are authorized to traverse toll roads and furnish this list to the Texas Toll

Road Authority in Austin in order to prevent toll charges from accruing on these vehicles.

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Chapter 9 - Personnel Policies

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General Conduct and Responsibilities

900.1 PURPOSE AND SCOPE

It is the policy of the Austin Police Department that employees conduct themselves at all times

in a manner that reflects the ethical standards consistent with APD written directives. This order

shall apply to all sworn and civilian members, including volunteer, part-time, auxiliary, and non-

paid civilians affiliated with the Department through a Department-sponsored program while under

the direction of a Department employee.

This order is intended to guide employees in conducting themselves and their affairs, both on-

duty and off-duty, in a manner that reflects the professionalism required of Department personnel.

Furthermore, this order is intended for internal use only and shall not be construed to increase or

establish an employee's civil or criminal liability, nor shall it be construed to create or establish a

higher standard of safety or care.

900.1.1 RESPONSIBILITY TO KNOW AND COMPLY

The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,

limitations, or prohibitions on employee conduct and activities; employees are required to know

and comply with all Department policies, procedures, and written directives.

(a) Employees will maintain a working knowledge and comply with the laws, ordinances,

statutes, regulations, and APD written directives which pertain to their assigned duties.

(b) Employees who do not understand their assigned duties or responsibilities will read

the relevant directives and guidelines, and will consult their immediate supervisor for

clarification and explanation.

900.2 REQUIRED REPORTING OF VIOLATIONS

Employees have an obligation and responsibility to report all facts or credible information they

know regarding any criminal activity by other employees or any breach of APD written directives.

(a) Suspected Criminal Activity

1. Employees will report any knowledge or credible information regarding criminal

activity of another employee via memorandum to IA, SIU, or any supervisor in

their chain-of-command.

(a) When a memorandum is presented to a supervisor, the supervisor will

notify their chain-of-command.

(b) When a memorandum is presented to an assistant chief/director, it will be

immediately forwarded to IA and SIU.

(b) Suspected General Order Violations

1. Employees will report any employee known or believed to be guilty of any

violation of a rule, regulation, or order issued by the Department to their

immediate supervisor.

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2. Supervisors will immediately take action as outlined in General Order 902

(Administrative Investigations) when a violation of a directive comes to their

attention, regardless of the supervisor's or violator's assignment or rank within

the Department.

900.2.1 CONFIDENTIALITY

All information relating to an employee's suspected criminal act or general order violation is

confidential.

(a) Except as required in reporting the incident:

1. Employees will not disclose or discuss such information with anyone except

investigators assigned to the case, the employee's attorney, employee's chain-

of-command or other persons specifically designated by the Chief.

2. Investigators of such cases will not disclose or discuss information about any

such investigation with anyone except other investigators assigned to assist with

the investigation, the investigator's chain-of-command, officers of the court, or

other persons specifically designated by the Chief.

900.2.2 RETALIATION PROHIBITED

Employees will not, in any way, cause or conspire to cause retaliatory action against any individual

who has been involved in any such investigation or subsequent proceeding as a defendant,

complainant, witness, victim, investigator, or any other capacity. While the Department wishes

to avoid reassigning an employee while a complaint or grievance is being investigated, this

order does not prohibit the Department from doing so, including the complainant/victim, while

the complaint or grievance is under investigation should an assistant chief determine that a

reassignment is in the best interest of the Department and/or the employee.

900.3 GENERAL CONDUCT

This section contains the expectations and requirements of employee conduct, both on-duty and

off-duty, and causes for disciplinary action due to employee misconduct. This is not intended to

cover every possible type of misconduct and does not preclude the recommendation of disciplinary

action for specific action or inaction that is detrimental to efficient Department service.

900.3.1 HONESTY

Honesty is of the utmost importance in the police profession. Employees are expected to be truthful

at all times in the performance of their duties.

(a) Employees will speak the truth at all times and reflect the truth in all reports and written

communications. Any statement or omission of pertinent or material information which

intentionally misrepresents facts or misleads others through an official statement will

be considered a false official statement. The following are examples of an "official

statement":

1. Documents prepared by an officer in connection with their official duties,

including but not limited to incident reports or supplements, sworn affidavits, and

citations.

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2. Verbal or written statements made by an officer in connection with their official

duties to:

(a) An investigator conducting an administrative or criminal investigation of

the officer or another person's conduct.

(b) A supervisor conducting an inquiry into the officer's use of force.

officer testifies.

(b) Employees who obtain their employment by willful misrepresentation or false

statements may be dismissed from the Department.

situation, nor will they engage in efforts to thwart, influence, or interfere with an internal

or criminal investigation.

(d) Employees will not use any improper or dishonest means to affect the outcome of any

official test, process, or procedure.

(e) Employees will not falsely report themselves ill or injured, or otherwise deceive or

attempt to deceive the Department as to the condition of their health.

900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT

Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department,

employees must conduct themselves at all times in a manner which does not bring reproach,

discredit, or embarrassment to the Department or to the City.

(a) Employees will not commit any act which tends to destroy public confidence in, and

respect for, the Department or which is prejudicial to the good order, efficiency, or

discipline of the Department.

(b) Employees will refrain from being a party to any malicious gossip, rumor, report or

activity, whether written or oral, that would tend to bring discredit to the Department

or any member thereof.

1. "Malicious gossip, rumor, report or activity" includes statements made with

knowledge of their falsity or made without regard to whether the statements are

true or false.

of interest or the appearance of a conflict of interest with the lawful duties of the

employee.

1. "Conflict of interest" includes any activity which would tend to influence a

decision, create a bias or prejudice, or create a gain or loss for any person or

agency which would favor one side or the other in conflict with the employee's

official duties, or which conflicts with the accomplishment of the Department's

mission or goals.

(d) Employees will not congregate or loiter in any place or in any manner as to bring

discredit to the Department.

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1. No more than four (4) officers, uniformed or plainclothes, who are identifiable

as officers by the display of badges, police radios, insignias, or any articles

of clothing identifying them as police officers, will congregate in a public place

except when required by official police duties or as authorized by a supervisor.

2. Except as necessary to perform assigned tasks or as authorized by a supervisor,

the following restrictions apply to the number of marked APD police units parked

in a parking lot or near a public place at any one time:

(a) No more than two (2) between the hours of 6:00 am and 10:00 pm, daily; or

(b) No more than four (4) between the hours of 10:00 pm and 6:00 am, daily.

900.3.3 PROHIBITED ASSOCIATIONS

(a) Employees will not establish an external social relationship with a known victim, a

known witness, or a known suspect of a crime while such case is being investigated

by this Department or prosecuted as a result of such an investigation.

(b) Employees will not establish social and/or business dealings with persons they

know, or should know, are likely to adversely affect the employee's or Department's

credibility. Employees will not associate with convicted felons. Provisions of this

section do not apply to association based on kinship or the discharge of official duties.

type of business arrangement with a suspect of a criminal violation, a person under

arrest or detention, a person known to have a criminal record or unsavory reputation,

or a person known to be engaged in, or planning to engage in, criminal activity.

(d) Employees will not affiliate with any organization or body, the constitution or

regulations of which would in any way prevent or hinder performing departmental

duties.

(e) Employees will not knowingly associate with any person or organization which

advocates hatred, prejudice, or oppression of any person or group or which

disseminates such material.

(f) Employees will not become a member of any organization, association, movement,

or group which advocates the commission of acts of force or violence to deny others

their rights under the Constitution of the United States or which seeks to alter the form

of government of the United States by unconstitutional means.

900.3.4 PERSONAL CONDUCT

(a) Employees will not knowingly enter a location engaged in prostitution, illegal gambling,

or any establishment wherein laws are being violated.

(b) Supervisors will not place themselves under financial obligation to a subordinate.

1. Indulge in "horseplay."

2. Produce or display graffiti of any nature.

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3. Post or display derogatory, offensive or lewd pictures which degrade or

lower the self-esteem of fellow employees and would undermine the goal of

professionalism within APD.

4. Engage in any sexual conduct including lewd acts or solicitation for sex.

(d) While on-duty or wearing any item which makes one identifiable to the public as an

APD employee, employees will not:

1. Sleep.

2. Engage in gambling, including lottery games.

3. Play games, including cards, dominoes, billiards, video or computer games,

watch television or movies, or otherwise engage in entertainment, unless it is

job related and has been approved by their commander/manager.

4. Read newspapers, magazines, books, or other material, except during approved

breaks.

5. Study for promotional examinations.

6. Take an authorized break in a sexually oriented business.

7. Ride a personally owned motorcycle without a DOT approved motorcycle

helmet.

900.3.5 USE OF BADGE OF OFFICE OR AFFILIATION WITH THE DEPARTMENT

(a) Employees will not intentionally use their affiliation with the Department to influence

another into offering a gift, gratuity, free or discounted service, reward, or special

consideration. This includes:

1. For the personal benefit of self, family, friends, or associates.

2. For the financial gain of self, family, friends, or associates.

3. Obtaining privileges not otherwise available to them, except where necessary

in the performance of their duty.

4. Avoiding the consequences of illegal acts.

(b) Employees will not permit the use of the name of the Austin Police Department for

advertising purposes without the approval of the Chief.

official titles in connection with testimonials or advertisements of any commodity

or commercial enterprise if such use identifies the employee as a member of the

Department.

(d) Employees will not have or use business cards pertaining to a private business

showing the employee's connection with APD.

(e) Employees will not present themselves as representing the Department in any matter

except as authorized as a function of their position or as authorized by a supervisor.

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1. Employees will not prepare any articles or write for publication concerning the

affairs of the Department without the consent of the Chief.

2. Employees will not release confidential information.

900.3.6 POLITICAL AFFILIATION AND LEGISLATIVE TESTIMONY

(a) Employees who desire to represent the City or Department in any testimony before

any legislative committee must first obtain approval from the Chief or designee.

(b) Employees who desire to represent themselves or a special interest group may do so

on their own time or on approved leave, and at their own expense or at the expense

of the special interest group, but not on City time nor at City expense.

qualifications of any candidate, potential candidate or issue while in uniform or on-duty.

(d) Employees are prohibited from:

1. Knowingly becoming a candidate for nomination or election to any public office,

unless in compliance with City Policy.

2. Using their official capacity to influence, interfere with or affect the results of an

election.

3. Directly or indirectly using, promising, threatening or attempting to use an

official influence in aid of any partisan political activity, or to affect the result

of any election to partisan or political office by any other corrupt condition or

consideration.

4. Promoting, demoting, or in any way favoring or discriminating against any

employee with respect to employment because of political opinions or affiliations.

5. Seeking any advantage in employment for any person based on political action.

6. Coercing any employee to provide anything of value to any individual or

organization for political purposes.

7. Using any authority of the position to gain support for, or to oppose, any

candidate, party, or issue in a partisan election.

8. Taking an active part in another person's political campaign, including attending

fund-raising events, making speeches, writing letters, signing petitions, or

actively soliciting votes while in uniform or on-duty.

9. Displaying political campaign literature in work areas.

900.3.7 RECOMMENDATION OF ATTORNEY OR AGENT

Employees will not suggest or recommend the services of an attorney, bail bondsman, towing

agency, physician, or other business service to any person with whom they have had contact as

a result of departmental business, except in the transaction of personal business with family and

friends.

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900.4 REQUIREMENTS OF DUTY

Employee conduct will always be consistent with the Department's values, vision, mission, and

any supervisor's instructions.

(a) Employees will maintain themselves in such a physical condition as to be able to

handle the requirements of their assignment.

(b) Employees will not exhibit cowardice or shirk their duty in case of danger.

(d) Employees will report for all duty assignments, including assigned court appearances,

at the time and place required by assignment or orders and be properly prepared and

equipped to immediately assume their duties.

(e) Employees will remain at their assignment and on-duty until properly relieved by

another employee or until dismissed by proper authority.

(f) Employees are considered on-duty while on authorized breaks.

(g) Employees will remain alert and observant while on-duty and devote their time

and attention to the business of the Department. Any exceptions require supervisor

approval.

(h) Employees will not engage in any strike, work slowdown or stoppage, concerted failure

to report for duty, or any other action which interferes with the efficiency or integrity of

the administration of criminal justice or departmental discipline, nor will any employee

encourage, coerce or conspire with any other individual to do so.

(i) Employees assigned to investigate an incident where the complainant and/or suspect

is considered a friend or relative will contact their supervisor; supervisors will reassign

the incident to another employee.

(j) Unless otherwise authorized by law, City policy, or Department directive, employees

will not go outside of the Department in an attempt to resolve police-related matters

until appropriate Department procedures have been followed.

(k) Employees will write a memorandum to the Chief through their chain-of-command

before filing claims for damages or entering into legal compromises or settlements

regarding events connected with the performance of duty.

(l) Employees will not serve civil process or render assistance in civil cases except when:

1. The City is a party; or

2. There is a statutory duty to do so; or

3. A court order requires assistance; or

4. Authorized by a supervisor.

900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION

Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and

to protect lives and property.

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(a) By itself, the mere fact that a minor violation of the law has occurred may not be

sufficient reason to justify arrest. Laws generally serve as the tools officers use to

protect residents' rights and to maintain peace in the community.

(b) Officers will take immediate action, if reasonably possible, to prevent any obvious

felony offense, arrest any known wanted felon they encounter, and protect all persons

and property from imminent harm.

relieved from taking enforcement action outside the scope of their specialized

assignment when necessary.

(d) Whether or not an officer should take immediate action to enforce any law depends on

a number of things including, but not limited to, whether another more serious situation

exists at the same time and needs to be addressed first.

(e) When a law or general order does not provide clear guidance regarding a particular

situation, employees will consult with their immediate supervisor for direction, when

practicable.

900.4.2 MAINTAINING REQUIRED LICENSES AND CERTIFICATIONS

Employees will maintain all required licenses and certifications in good standing including, but not

limited to, a Texas driver's license and required licenses and certifications issued by TCOLE.

(a) It is the responsibility of the employee to notify their immediate supervisor in the event

of any suspension, revocation or cancelation of a license or certification necessary to

the performance of job assignments.

(b) Suspension, revocation, or cancelation of a license or certification necessary to the

performance of job assignments will result in termination of that assignment or of

employment with the Department.

other law enforcement agency, whether local, state or federal, except when authorized

as part of a multi-agency task force.

900.4.3 NEGLECT OF DUTY

Employees will satisfactorily perform their duties. Examples of unsatisfactory performance include,

but are not limited to:

(a) Lack of knowledge of the application of laws required to be enforced.

(b) Unwillingness or inability to perform assigned tasks.

or other condition deserving police attention.

(d) Failure to respond to any call or to perform any police duties assigned to them by

appropriate authorities.

(e) Absence without approved leave.

(f) Repeated poor evaluations.

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(g) Written record of repeated infractions of rules, regulations, directives or orders of the

Department.

(h) Failure to follow department standardized training and tactics when it was objectively

reasonable to do so.

(i) Employees are expected to be truthful at all times in the performance of their duties.

However, there may be instances where, initially, the employee has not been truthful;

but, before the investigation is complete, the employee provides an accurate and

detailed accounting of their true culpability in a situation, and accepts full responsibility

for their actions. In those cases, the Chief may consider each case on a fact-specific

basis.

900.4.4 DUTY TO IDENTIFY

(a) Unless doing so would jeopardize an undercover officer or a covert operation,

employees will furnish the name and identification number of any employee, including

themselves, to any person requesting such information regarding matters in which

the employee was acting in an official capacity. Names of employees will be given in

sufficient form to fully identify the employee.

(b) Sworn employees taking police action while not in uniform will, as soon as possible,

display their police badge or APD ID and state the purpose for taking police action.

supervisor upon request by any person.

(d) Officers and employees shall comply with their duty to identify as soon as it is

reasonable to do so under the circumstances.

900.4.5 NEGOTIATIONS ON BEHALF OF SUSPECT

Prohibitions in this section do not relieve supervisors from their obligations to review enforcement

contacts of subordinates and take appropriate action, if necessary, to prevent the filing or

adjudication of improper charges.

(a) Employees will not participate in any arrangement between a suspect and victim that

would result in the suspect escaping the penalty of the law nor will any employee seek

the continuance or dismissal of any case on behalf of the suspect in court for any

reason.

(b) Employees will not promise informants any immunity from or leniency in any criminal

prosecution without approval of the prosecuting attorney.

attempting to interfere with any legal process.

(d) Employees will consult with the investigator assigned to a suspect's original charge(s)

before attempting to negotiate with that suspect to secure a more serious charge

against another suspect.

900.5 RESPONSIBILITY TO COWORKERS

Cooperation among employees of the Department is essential to effective law enforcement.

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(a) Employees are expected to treat each other with respect.

1. Employees will be courteous and civil at all times in their relationships, perform

their duties in a cooperative and supportive manner, and not threaten, display

physical aggression toward, or use insolent or abusive language with one

another.

2. Employees will address one another by proper use of rank or title when on-duty

and in the presence of the public.

(b) Employees will not discuss the identity or assignment of any employee serving in a

confidential or covert assignment unless required to do so as a direct result of their

official duties.

persons being recorded are aware that they are being recorded and agree to be

recorded. This does not apply to Department authorized criminal or administrative

investigations, training modules, or MAV recordings from equipped APD vehicles.

(d) Employees must be cautious about speaking to plainclothes officers when in public

so as not to inadvertently compromise their anonymity and place them in potential

danger; therefore, employees will not address undercover/plainclothes officers, or call

attention to their presence, unless first addressed by them.

(e) Employees will not reply to an outside request for a professional work reference for

an active or past member of the Department; all work reference requests must be

forwarded to APD-HR.

900.5.1 SUPPORTING FELLOW EMPLOYEES

(a) Employees will not knowingly aid, abet, or assist another Department member in

violating any Department directive or order.

(b) Employees will cooperate, support, and assist each other at every opportunity.

of any other employee.

(d) Officers are required to take appropriate police action to aid, assist, and protect fellow

employees in times of danger or under circumstances where danger might reasonably

be impending.

900.5.2 SYMBOLISM IN THE WORK AREA

(a) Work areas are not to be so adorned that it is difficult to conduct business.

(b) Symbols which are of an insulting, profane, and demeaning nature are not permitted.

by the person displaying the symbolism. If the explanation does not satisfy the

offended person, the Chief or designee will make the final decision as to whether or

not the symbolism remains in the work area.

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900.5.3 SEXUAL RELATIONSHIPS BETWEEN EMPLOYEES

Supervisors are not to engage in any sexual conduct with a subordinate in their direct chain-of-

command. If a supervisor and a subordinate begin developing a relationship that is likely to involve

sexual conduct, they are both responsible for arranging a transfer before engaging in any sexual

conduct.

900.6 REQUIRED EMPLOYEE CONTACT AND EMERGENCY CONTACT INFORMATION

It is imperative the Department be able to immediately contact any employee for mobilization in the

event of an emergency situation. The Department must also be able to identify an employee's next

of kin or other designated emergency contact person in the event of a critical incident. Employees

will not disclose the physical or mailing addresses, phone numbers, or pager number of another

APD employee unless permitted by law.

900.6.1 EMPLOYEE CONTACT INFORMATION

The e-PIF (electronic personnel information on-line form) contains the employee's address, phone

number, emergency contact, support contact, and religious affiliation. Employees are required to

keep all information on their e-PIF current.

(a) Employees will update their e-PIF within 10 days of any change.

(b) If an employee has no physical address they will email a map with clear and detailed

directions to the residence to [email protected]. HR personnel will then attach

this map to the employees record in the Master Work Schedule.

receiving stipend).

1. Employees will maintain an operational phone capable of receiving and placing

calls from their residence.

2. Employees receiving a cell phone stipend will ensure the phone is operational

and available for use at all times.

3. Employees assigned a direct office phone number will use that number as their

work number.

4. Employees who are not assigned a direct office phone number may use

a generic phone number (e.g., 974-5000), or, with the permission of their

supervisor, the supervisor's phone number.

(d) Sworn employees will list two APD employees to serve as their Support Contact.

The Support Contact will represent the department when working with the employee's

emergency contacts in the event the employee is involved in an emergency or critical

incident.

(e) Employees will identify at least one emergency contact.

(f) The e-PIF does not contain beneficiary information; beneficiary information is

maintained by the City of Austin's Human Resources and Benefits Section.

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Special Investigations

901.1 PURPOSE AND SCOPE

The mission of the Special Investigations Unit (SIU) is to investigate allegations of criminal

misconduct that involve APD employees, public integrity cases involving other City employees, all

Level 1 response to resistance incidents, certain in-custody deaths of APD prisoners, shootings

by law enforcement officers from other agencies operating within the city of Austin, and any other

criminal cases as directed by the Chief of Police or designee.

901.2 SCOPE OF INVESTIGATIONS

(a) SIU may conduct investigations on the following:

1. Allegations of criminal misconduct involving law enforcement officers and APD

civilian employees.

2. Allegations of criminal misconduct by other City employees when the alleged

offense falls into the category of public integrity.

(a) The appropriate Investigative Unit (e.g., decentralized detectives, OCD)

will investigate all criminal incidents by other City employees when the

allegation has no bearing on public integrity.

3. Level 1 response to resistance incidents as described in General Order 211

(Response to Resistance Inquiry, Reporting, and Review) when an APD

employee is involved. SIU will be the lead Investigative Unit in these incidents.

4. Death of an in-custody prisoner arrested by an APD officer.

(a) Investigation of an in-custody death that occurs in a jail within 24 hours of

booking by an APD officer will generally be led by SIU.

(b) Investigation of in-custody death that occurs in a jail more than 24

hours after booking by an APD officer will be investigated by the agency

operating the jail; SIU will assist if requested.

5. Officer-involved shootings involving law enforcement officers from other

agencies that occur within the jurisdiction of the Austin Police Department, in

partnership with the involved law enforcement agency as directed by the Chief

of Police or designee.

6. SIU may conduct proactive investigations when approved by the Chief of Police.

(b) Allegations of criminal offenses involving APD employees that would normally be

investigated by SIU but occur outside of APD jurisdiction shall be referred to the law

enforcement agency that has jurisdiction.

major investigations involving any City employee. Operational confidentiality of such

investigations is a priority and shall be maintained.

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(d) When any APD unit initiates an operation or investigation and an APD employee

becomes a suspect, SIU will be notified immediately. SIU will retain operational

decision making authority during such investigations.

901.3 CONCURRENT INVESTIGATIONS

901.3.1 ROLE OF INTERNAL AFFAIRS

(a) While the SIU is conducting an investigation involving APD employees, Internal Affairs

(IA) will conduct a concurrent investigation into related general order violations as

outlined in General Order 902 (Administrative Investigations).

(b) The SIU supervisor will coordinate the investigation with the IA supervisor to ensure

the integrity of all investigations. Information and documents related to the criminal

investigation will be made available to IA unless directed otherwise by the proper

prosecutorial agency; however, to protect the integrity of both the criminal and

administrative investigations certain documents and/or information may not be shared.

1. Grand Jury documents and testimony will not be made available to IA.

2. "Garrity" protected documents and information will not be made available to SIU.

3. Matters that clearly do not fall under the protection afforded by "Garrity" and

the secrecy of the Grand Jury may be used in the criminal and administrative

investigation in accordance with State and Federal Laws, Rules of Evidence,

and Department General Orders.

901.3.2 ROLE OF THE CITY AUDITOR'S OFFICE AND HUMAN RESOURCE DEPARTMENT

When the SIU conducts a criminal investigation involving a city employee from another city

department, the City Auditor's Office and the Human Resources Department may conduct an

internal investigation into related general order violations. Information and documents related to

the criminal investigation will not be made available to the City Auditor's Office or the Human

Resources Department, except as authorized by the assistant chief of Investigations.

901.4 SPECIAL INVESTIGATIONS PROCESS

This section outlines the following:

(a) Notification of investigations.

(b) Investigation of offenses.

(d) Misdemeanor charges and felony indictments.

901.4.1 NOTIFICATION OF INVESTIGATIONS

(a) When the SIU supervisor becomes aware of an incident within SIU's scope of

investigation, they will electronically notify the assistant chief of Investigations through

the chain-of-command. The following additional notifications may be made, as

appropriate:

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1. When an allegation of criminal misconduct involves an APD employee, the

IA supervisor will be electronically notified. Involved employees' commanders/

managers will be verbally notified as long as it will not compromise the

investigation.

2. When an allegation of criminal misconduct involves a law enforcement officer

from another agency, IA and/or the Chief of the accused officer's agency will be

notified unless the notification will compromise the investigation.

(b) When IA initiates an allegation of criminal misconduct, the IA commander will

electronically notify the assistant chief of Investigations.

1. After the preliminary facts have been gathered, the assistant chief of

Investigations will brief the Chief of Police or designee to determine if a criminal

investigation will take place. If the decision is made to open a criminal case, the

assistant chief of Investigations will route the IA electronic notification to SIU

through the Violent Crimes commander.

electronically notify the assistant chief of Investigations through the chain-of-command

and outline the purpose of the investigation.

1. The electronic notification will request a review of the preliminary facts to

determine if a criminal and/or IA investigation should be opened.

2. After the preliminary facts have been gathered, the assistant chief of

Investigations will make a decision that reflects one of the following.

(a) A criminal investigation is warranted and will be opened by the SIU.

(b) No criminal investigation is warranted, however an IA investigation should

be opened due to a possible general order violation.

3. A copy of the electronic notification will be retained in the case file by the SIU

supervisor.

4. A copy of the electronic notification will be forwarded to IA if deemed appropriate

by the assistant chief of Investigations or designee.

901.4.2 INVESTIGATION OF OFFENSES

(a) Class B misdemeanor and higher offense cases will be thoroughly investigated and

routinely discussed with the Violent Crimes chain-of-command, and the District or

County Attorney's Office as needed.

(b) Class C misdemeanors will be documented in a secured incident report and reviewed

by the assistant chief of Investigations to determine if it will be further investigated.

1. If approved for criminal investigation the case will be assigned to an SIU

Investigator and handled the same as a Class B or higher offense; however, the

victim will be directed to the appropriate court to file a complaint.

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the incident.

1. If the involved officer is participating in the re-enactment, they will be informed

that the re-enactment is voluntary and will constitute a waiver of the officer's Fifth

Amendment rights against self-incrimination. When possible, the re-enactment

may be done prior to the conclusion of the on scene investigation.

2. Re-enactments can be videotaped by CSU personnel. The original tape will be

marked as evidence and the SIU will maintain custody of the tape. The original,

or copies, may be distributed to other department or law enforcement personnel

only with the approval of the appropriate prosecutorial agency.

901.4.3 COMPLETED INVESTIGATIONS

The SIU supervisor will maintain a database of all cases investigated for tracking and statistical

purposes.

(a) Completed investigations on APD employees or officers from another agency will

normally be routed up the Violent Crimes chain-of-command for review prior to case

closure.

1. If the investigation clearly reveals that no criminal offense occurred, the report

will be unfounded in accordance with Department General Orders.

2. SIU will present completed investigations that are not unfounded to the

appropriate prosecutor.

(a) Misdemeanor charges that do not involve an abuse of official capacity or

official oppression will be presented to the County Attorney's Office. The

County Attorney's Office will determine if the facts of a case are sufficient

for charges to be brought against the suspect or if prosecution will be

declined.

(b) Felony charges and misdemeanor investigations involving an abuse of

official capacity or official oppression will be presented to the District

Attorney's Office. The District Attorney's Office will determine if the facts of

a case will be presented to a Grand Jury or if prosecution will be declined.

(b) Notification of unfounded investigations and cases where prosecution is declined will

be handled as follows:

1. The assistant chief of Investigations or designee will send written notification

to the APD employee who was under investigation if the final status of a case

is unfounded or prosecution is declined. This notification will be copied to the

employee's chain-of-command.

2. The SIU supervisor will send written notification of the final status of a case if it

is unfounded or prosecution is declined to:

(a) The appropriate Department director of a city employee who was under

investigation; or

(b) The Chief of Police of a sworn officer from another agency who was under

investigation.

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901.4.4 MISDEMEANOR CHARGES AND FELONY INDICTMENTS

Notification of cases resulting in misdemeanor charges and felony indictments will be handled as

follows:

(a) The SIU supervisor will immediately notify the Violent Crimes chain-of-command when

it is learned that a case is to be presented to the Grand Jury by the District Attorney's

Office or when misdemeanor charges are being brought by the County Attorney's

Office.

(b) The SIU supervisor will immediately notify the SIU chain-of-command when an APD

employee is charged with a misdemeanor or indicted on felony charges.

1. The assigned Investigative Unit detective and/or supervisor will make

arrangements for the suspect to be arrested.

2. The Investigative Unit supervisor will coordinate with the SIU chain-of-command

and APD PIO to have a press release ready should there be media inquiries.

901.5 ARREST AND RELEASE OF APD EMPLOYEES AND OTHER AGENCY SWORN

OFFICERS

901.5.1 ARRESTS OF APD EMPLOYEES AND SWORN OFFICERS FROM OUTSIDE

AGENCIES

(a) The SIU supervisor will be immediately notified of any criminal incident involving an

APD employee or sworn officer from another law enforcement agency.

1. The role of the SIU supervisor is to initiate an immediate investigation into the

facts of the case, not to determine whether an arrest should be made.

2. The SIU supervisor will normally respond to the scene of the incident unless the

incident is of a nature that would not warrant the response.

(b) Officers making custody arrests will follow the guidelines set out in Department

General Orders for arrest and booking. SIU investigators will be assigned the case and

follow the guidelines set out in Department General Orders for follow-up investigations.

901.5.2 RELEASING WITHOUT FILING CHARGES OR FILING LESSER CHARGES

Approval by the commander of Violent Crimes or Duty Commander is required to release an APD

employee or officer from another agency without filing charges or to charge the employee or officer

with a lesser offense. The name of the commander authorizing a change in the filing of charges

will be noted in a supplement to the incident report.

(a) When authorized by a commander, an arrested person will be released without being

charged or will be charged with a lesser offense when:

1. A magistrate declines to accept the probable cause affidavit.

2. An Assistant District or County Attorney advises prosecution will be declined.

3. The complainant or victim refuses to file charges or assist with prosecution.

However, the District or County Attorney may proceed with prosecution without

the cooperation of the victim, such as in family violence cases.

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4. The written report by the arresting officer does not include sufficient probable

cause for the arrest, or fails to establish that a crime occurred.

(a) The assigned detective will attempt to contact the arresting officer prior to

releasing the prisoner to obtain additional probable cause or information.

(b) If the detective is unable to contact the arresting officer, the prisoner may

be released pending further investigation.

5. After investigation by the assigned detective, there is insufficient probable cause

to support charging the arrested person.

6. Filing charges may jeopardize prosecution of a more serious offense.

7. The arrested person is willing to assist detectives and can provide specific

information that will solve a more serious offense or numerous equal offenses.

8. Considering all available information, the facts will not support the original

offense, but do support the filing of lesser charges.

901.6 CONFIDENTIALITY

(a) All investigations conducted by the SIU are of a confidential nature. No member of SIU

will disclose information gained from their official duties as Department employees to

persons not connected with SIU, Internal Affairs, or to persons who have no legitimate

need to know.

(b) Reports investigated by the SIU are secured in the computer reporting system to

prevent viewing by unauthorized individuals. These reports can be unsecured by a

SIU supervisor when there is no longer a need to secure them from viewing.

901.7 RELEASE OF INFORMATION

The Chief of Police and designees are the only personnel authorized to release information to the

news media. No information will be released that will interfere with or prevent the apprehension

and prosecution of the suspect(s) during an on-going investigation.

(a) The name of the suspect will not be released until the charges have been filed.

(b) A photograph of an employee charged with a criminal offense will not be released to

the news media without the approval of the assistant chief of Investigations.

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Administrative Investigations

902.1 PURPOSE AND SCOPE

This document establishes the required process for the administrative investigation of alleged

employee misconduct by Internal Affairs and the employee's chain-of-command. It also outlines

the imposition of fair and equitable disciplinary action when misconduct is identified. Investigations

conducted by APD Human Resources are governed by City Personnel Policies.

This document does not supersede any rights or privileges afforded civilian employees through

City Personnel Policies or sworn employees through the Meet and Confer Agreement, nor does

it alter or supersede the powers vested in the Civilian Oversight Process of the Austin Police

Department (APD) through that Agreement. In addition, nothing in this document limits or restricts

the powers vested in the Chief of Police as the final decision maker in all disciplinary matters.

902.1.1 ADMINISTRATIVE INVESTIGATIONS OVERVIEW

The following is a broad outline of the internal administrative investigation process from start to

finish. Each section of this order will go into more detail of the process associated with investigating

administrative complaints.

(a) Complaint Acceptance - Complaints are accepted as outlined in this order and

forwarded to Internal Affairs (IA). Once IA receives a complaint it will be entered into

the electronic case tracking system.

(b) Complaint Assessment and Classification - IA will give the complaint an initial

classification level. This classification shall determine whether the complaint requires

investigation and, if so, who shall conduct the investigation.

handled as follows:

1. Allegations of criminal conduct require concurrent investigations by both IA and

the Special Investigations Unit (SIU) or outside agency holding jurisdiction over

the incident.

2. Allegations of administrative general order violations may be investigated by IA,

the employee's chain-of-command and/or APD-HR.

(d) Complaint Disposition - Once the complaint has been investigated by the

appropriate investigative Unit or Command, the involved employee's commander shall

recommend a disposition for the case. If the case receives a disposition of "sustained"

it shall go through the discipline process. For all other dispositions the case shall be

closed and filed.

(e) Discipline Process - If the disposition of a complaint is "sustained" then the

commander of the employee shall recommend the level of discipline based on the

guidelines set forth in this order and the Discipline Matrix. Depending on the amount

of discipline to be imposed, this may lead to a Discipline Meeting (DM) or a Dismissal

Review Hearing (DRH). The Chief of Police is the final decision maker on all levels

of discipline.

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902.1.2 DEFINITIONS

(a) Administrative Investigation - An investigation of alleged misconduct by an APD

employee that could result in disciplinary action. These may be conducted by:

1. APD Internal Affairs (IA).

2. Employee's chain-of-command.

3. APD-Human Resources (APD-HR) or City-Human Resources (City-HR).

4. The City Auditor's Office.

5. An independent investigator appointed by the Chief of Police or their designee

and/or the City Manager.

(b) Anonymous Complaint - Any complaint in which the Complainant does not identify

themselves or does not wish to be identified. There shall be no duty to determine or

reveal the identity of an anonymous Complainant.

(e.g. "Class A", "Class B", "Supervisor Referral").

(d) Commander in Charge - Generally, the commander over the employee who is the

subject of an investigation. In Class B OFCA eligible complaints, the commander in

charge shall designate the investigative supervisor, determine the final disposition of

a complaint and recommend discipline for "Sustained" complaints.

(e) Complainant - A person, including an officer, claiming to be a witness to or the

victim of misconduct by an officer. “Complainant” does not include the Department

designee in the case of an Administrative Referral, except that the Office of Police

Oversight (OPO) may act as the Complainant in any allegation on its own initiative,

and in the case of an anonymous complaint, the OPO or whichever entity that

receives an anonymous complaint may act as the Complainant. If the OPO acts as

the Complainant, the Director of OPO shall document the source of the complaint.

(f) Complaint - Either (1) an affidavit or (2) any other written or verbal communication

setting forth allegations or facts that may form the basis of future allegations of

misconduct that violate policy against an officer and which serves as the basis for

initiating an investigation. Anonymous written or verbal communications meet this

definition of “Complaint”.

(g) Criminal Investigation - An investigation of alleged criminal conduct by an APD

employee. These investigations are generally conducted internally by SIU. When there

is an allegation of criminal conduct, a concurrent administrative investigation shall also

be conducted by IA.

(h) Critical Incident - For purposes of administrative investigations, the term "Critical

Incident" shall have the meaning as agreed upon in the Meet and Confer Agreement.

“Critical Incident” means:

1. Any force resulting in death.

2. Any force that resulted in a substantial risk of death.

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3. Any intentional firearm discharge at a person, vehicle, or structure regardless

of injury.

4. Any unintentional firearm discharge resulting in another person’s injury or death.

5. Any force that resulted in serious bodily injury requiring admittance to

the hospital, beyond emergency room treatment and release (e.g. serious

disfigurement, disability, or protracted loss or impairment of the functioning of

any body part or organ).

6. Use of an impact weapon, including kinetic energy projectiles, and improvised

weapons that strikes the head of a subject resulting in serious bodily injury or

death.

7. In custody deaths: For inquiry, reporting, and review purposes, all in-custody

deaths occurring prior to or within 24 hours after booking shall be treated as

critical incidents and require concurrent inquiries conducted by SIU and IA,

regardless of whether force was used on the subject.

8. The utilization of the Precision Immobilization Technique when serious bodily

injury or death occurs.

9. Note: The definition of “serious bodily injury” found in the Texas Penal Code,

Section 1.07(a)(46) will apply.

(i) Disciplinary Action - A temporary suspension, indefinite suspension, demotion in

rank, reprimand, or any combination of those actions.

(j) Discipline Meeting (DM) - A meeting generally conducted by an employee's chain-of-

command on "Sustained" complaints to determine the level of discipline an employee

is going to receive. A Discipline Meeting is only held for discipline not to exceed a 15

day suspension.

(k) Dismissal Review Hearing (DRH) - A meeting generally conducted by the Chief of

Police or designee on allegations that have been recommended to be "sustained"

to determine the amount of discipline, if any, the employee is going to receive. A

Dismissal Review Hearing is only held when discipline may exceed 15 days, up to and

including indefinite suspension, and/or demotion in rank.

(l) Disposition - The final determination of how a complaint is closed (e.g. "Sustained",

"Unfounded", "Administratively Closed").

(m) Evidence - Any statements, reports, records, recordings, documents, computer

data, text, graphics, videotape, photographs, or other tangible forms of information,

including a complaint.

(n) Formal Discipline – A discipline action at or above the level of a written reprimand,

including temporary suspension, reduction in rank, and/or termination.

(o) IA External Complainant Contact Form (PD0084) - A form used to document an

external complaint on an employee. This is generally used by supervisors who are

attempting to handle minor complaints prior to notifying Internal Affairs.

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(p) IA Internal Complaint Memorandum (PD0081) - A form used to initiate an internal

complaint on an employee.

(q) Independent Investigation - An administrative investigation or inquiry of alleged or

potential misconduct by an officer, authorized by the Chief of Police or City Manager

and conducted by a person(s) who is not:

1. An employee of the City of Austin; or

2. An employee of the Office of Police Oversight.

3. An “Independent Investigation” does not include attorney-client work product or

privileged material related to the defense of claims or suits against the City of

Austin.

(r) Informal Discipline - A discipline action at or below the level of an oral reprimand,

including a Conduct Counseling Memorandum, Employee Success Plan, or training.

(s) Internal Affairs Case Management System (ICMS) - The electronic system used

to enter and track all complaints received by Internal Affairs and the Office of Police

Oversight.

(t) Investigator - An agent or employee of the Department or an Independent Investigator

who participates in conducting an investigation.

(u) Minor Policy Violation – Violations that may not normally result in formal discipline,

including, but not limited to, tobacco use, operation of police vehicles, equipment

violations, language use, etc.

(v) Statement - Any oral or written communication setting forth particulars or facts

regarding the alleged misconduct under investigation.

(w) Supervisor - References made to a supervisor in this order do not include the rank

of corporal unless they are the acting sergeant.

902.2 COMPLAINT ACCEPTANCE PROCESS

Complaints may be initiated internally or externally. This process outlines how each type of

complaint is properly documented and handled.

902.2.1 AVAILABILITY OF COMPLAINT FORMS

The most current versions of the IA External Complainant Contact Form (PD0084) and IA Internal

Complaint Memorandum (PD0081) shall be maintained on the "Public Drive" in the "Approved

Forms" folder.

902.2.2 INTERNALLY INITIATED COMPLAINTS

This process does not prevent an employee from directly notifying a supervisor of an issue

they feel needs to be addressed. Anonymous complaints that are not processed by the OPO

will be classified as internal complaints. Employees may be investigated based on anonymous

complaints. Supervisors who receive information of an internal complaint shall follow the

guidelines set forth in the initial supervisor responsibility section of this order.

(a) The following is a list of the most common avenues for initiation of internal complaints:

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1. Possible misconduct of an employee learned of or observed by any department

employee.

2. A complaint initiated by an employee's chain-of-command.

3. Administrative inquiry at the direction of the Chief of Police.

(b) All internal complaints must meet the following documentation requirements and be

processed accordingly:

1. Civilian Employees: Complaints that are received in IA from a civilian employee

must be in writing, signed by the person making the complaint, sworn to and

notarized.

2. Sworn Employees: Complaints filed by an officer shall be on an IA Internal

Complaint Memorandum. They may be emailed, faxed or personally delivered

to IA.

3. Any commander may initiate an internal investigation of any officer under

their command provided the information in the complaint meets the criteria

for a Class A or Class B complaint. The commander, or their designee,

initiating the investigation shall provide IA with a completed IA Internal Complaint

Memorandum describing the basic facts of the case. The memorandum will

provide enough information for the case to be entered into the electronic case

tracking system. Internal complaints that do not meet the Class A or Class B

qualifications shall be referred back to the commander in charge.

902.2.3 EXTERNALLY INITIATED COMPLAINTS

Under the Meet and Confer Agreement, the Office of Police Oversight (OPO) is a non-exclusive

location for accepting administrative complaints of alleged officer misconduct from the public.

Anonymous complaints received by the OPO will be classified as external complaints. Employees

may be investigated based on anonymous complaints.

(a) The following is a list of the most common avenues for initiation of written and verbal

external complaints:

1. Complaint made directly to any department employee or supervisor, either in

person, by mail or via phone.

2. Complaint made through the OPO.

3. Complaint made directly to IA.

(b) All external complaints must meet the following documentation requirements and be

processed accordingly:

1. Written complaints

(a) Complaints may be submitted from citizens outside the Department.

(b) Complaint letters received by any member of the Department (other than

IA) shall be emailed, faxed, or personally delivered to IA.

2. Verbal complaints (in person or by telephone)

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(a) Civilian employees receiving an alleged minor nature complaint against

an officer should refer the citizen directly to the OPO.

(b) Sworn employees receiving an alleged minor policy violation complaint

against an officer should request a supervisor to respond to the scene.

Complaints of minor policy violations may include, but are not limited

to, tobacco use, operation of police vehicles, equipment violations, and

language use. If a supervisor is not available, or if the complainant is not

able to wait for a supervisor, the officer shall obtain the citizens contact

information and forward it to a supervisor. The supervisor shall handle the

complaint as outlined in the Initial Supervisor Responsibility section.

3. Complaints of a serious nature require the immediate notification of an available

supervisor. Employees shall make the required notification regardless of their

personal opinions about the credibility of the allegations. Serious complaints

must be initially investigated by the rank of sergeant or above.

902.2.4 INITIAL SUPERVISOR RESPONSIBILITY

Unless a complaint is submitted directly to the OPO or IA, the initial response to an internal or

external complaint shall generally rest with the employee's immediate supervisor.

(a) Supervisors investigating a complaint shall adhere to the following guidelines:

1. If the incident is force related, follow the guidelines set forth General Order 211

(Response to Resistance Inquiry, Reporting, and Review).

2. Supervisors shall ensure the procedural rights of the accused employee are

followed pursuant to state and federal law, as well as the Meet and Confer

Agreement.

3. During the preliminary investigation of any complaint, supervisors should make

every reasonable effort to obtain names, addresses, and telephone numbers of

additional witnesses.

(b) Allegations of a Minor Nature:

1. Supervisors notified of a minor complaint are required to contact the complainant

within one (1) calendar week of the time the complaint was received and attempt

to resolve the issue.

2. After attempting to resolve any minor complaint, supervisors shall ensure that

an IA External Complainant Contact Form has been completed as fully as

possible and should indicate whether the complainant was satisfied. Forms will

be emailed to [email protected].

(a) Minor complaints that are marked as "satisfied" on the form shall be

entered into the IA Tracking Database as information and marked as

closed.

(b) Minor complaints that are marked as "not satisfied" on the form shall

be entered into the IA Tracking Database and will follow the normal

complaint assessment, classification and investigation process as outlined

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in this order. If a complainant is not satisfied, supervisors shall refer the

complainant to the OPO.

1. Allegations of a serious or criminal nature shall be initially investigated by a

supervisor the rank of sergeant or above.

2. Supervisors receiving a complaint involving allegations of a potentially serious

administrative nature shall notify an IA investigator as soon as possible. Serious

administrative allegations include, but are not limited to:

(a) Serious violations of a general orders, rules, or regulations.

(b) Conduct that challenges the integrity, good order, or discipline of the

Department.

3. A supervisor receiving a complaint involving allegations of a criminal nature shall

notify the following personnel as soon as possible:

(a) The Watch Lieutenant.

(b) The Duty Commander.

(d) An IA investigator.

(e) The involved employee's chain-of-command.

902.3 COMPLAINT CLASSIFICATION AND INVESTIGATIVE ASSIGNMENT PROCESS

When a complaint is received by IA it will undergo an initial assessment. Based upon this

initial assessment, IA shall determine whether further investigation is warranted and designate a

classification level for the complaint. IA shall enter the complaint into the IA electronic case tracking

system and the complaint information will be forwarded to the OPO. All initial classifications are

subject to approval by the IA commander or designee.

If facts uncovered during an investigation indicate that a more serious offense than originally

alleged may have occurred, the case may be reclassified and reassigned to the appropriate unit

or command with investigative responsibility. Conversely, any case may also be reclassified as a

lower classification and reassigned if the facts warrant. All case reclassifications shall be mutually

agreed upon between the IA commander and the commander in charge. If agreement cannot be

reached, the final decision shall be made by the Chief of Police or designee. Nothing precludes

any case being initially assigned to the Internal Affairs unit for investigation, regardless of the

potential discipline involved.

902.3.1 COMPLAINT CLASSIFICATION AND INVESTIGATIVE ASSIGNMENT TABLE

The following table outlines who has investigative responsibility for each classification level.

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Classification Assessment Investigative Responsibility

Administrative Inquiry An inquiry into a critical incident,

or other incident, ordered by

the Chief of Police or designee.

Inquiries are generally for

issues that could destroy public

confidence in, and respect for,

the Department or which is

prejudicial to the good order of

the Department.

Administrative Inquiries will be

assigned to the appropriate

Unit or Division based on the

circumstances surrounding the

inquiry.

Class A Complaint Cases in which the potential

discipline is more than a 15-

day suspension, indefinite

suspension and/ or demotion

according to the Discipline Matrix.

Generally, Class A Complaints

are allegations of a serious

nature, which include, but are not

limited to:

• Criminal conduct.

• Serious violations of a general

order, rule, or regulation.

• Conduct that challenges the

integrity, good order, or discipline

of the Department.

Class A complaints are

investigated by IA. Complaints

that involve allegations of criminal

conduct are also concurrently

investigated by SIU as outlined in

General Order 901.

Class B Complaint Cases in which the potential

discipline is a 15-day suspension

or less. Generally, Class B

Complaints are allegations of

a less serious nature, which

include, but are not limited to:

Less serious violations of a

Department general order, rule

or regulation (e.g., profanity,

belittling language, inadequate

police service, minor traffic

violations).

• Negligent damage or loss of

property.

Class B Complaints that are

OFCA eligible will be investigated

by the employee’s chain-of-

command. Class B complaints

not eligible for OFCA will be

investigated by IA. The OPO

has full access rights to Class B

investigations that are conducted

by an employee's chain-of-

command. Class B complaints

are resolved through three

different procedures:

• Investigation by IA

• OFCA, if eligible (chain-of-

command investigations)

• Mediation, if eligible

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Classification Assessment Investigative Responsibility

Class C Complaint Generally, allegations that: Do

not fit into the Class A or Class B

category,

• The complaint does not rise

to the level of a general order

violation, and

• The complaint would best

be handled through other

departmental processes (e.g.,

grievance, Conduct Counseling

Memorandum, Employee

Success Plan, or training).

Class C complaints will be

reviewed by the IA commander

and the employee's chain-of-

command. If all of the parties

agree with the initial Class C

classification, the complaint will

be "Administratively Closed". If

it is determined that additional

investigative follow-up is needed,

the complaint may be reclassified

and investigated according to its

new classification.

Class D Complaint Allegations that do not rise to the

level of a general order violation

and meet one or more of the

following criteria:

• A preliminary review of the

allegation shows it is not true

(e.g., video or audio recording

shows allegation is false), and/ or

• The complaint is about the

probable cause for an arrest

or citation that appears to be

unsubstantiated.

Class D complaints will be

reviewed by the IA commander

and the employee's chain-of-

command. If all of the parties

agree with the initial Class D

classification, the complaint will

be "Administratively Closed". If

it is determined that additional

investigative follow-up is needed,

the complaint may be reclassified

and investigated according to its

new classification.

Supervisor Referral A compliant:

• that is a minor policy violation

which may result in informal

discipline, or

• where no formal complaint

affidavit has been received by

IA, however the complainant

requests that the issue be

brought to the attention of the

supervisor, or

• where there is no policy

violation.

These informal complaints

can either be made directly

to IA, an officer's supervisor

and/or the OPO and are most

appropriately handled through

other departmental processes

(e.g., grievance, Conduct

Counseling Memorandum,

Employee Success Plan, or

training).

If IA/OPO receives this informal

complaint from a citizen, it will

be forwarded to the appropriate

supervisor and chain-of-

command for its follow-up and

response. Supervisor Referrals

are entered into the IA tracking

system for documentation

purposes only and not for

disciplinary purposes.

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Classification Assessment Investigative Responsibility

Information Incident An incident where no apparent

general order violation has

been committed and a signed

affidavit has not been received.

Information incidents may also

be from complaints that are

brought to the direct attention of a

supervisor, handled satisfactorily

and documented on an IA

External Complainant Contact

Form.

Complaints documented using

the IA External Complainant

Contact Form will be forwarded

to IA with a notation that the

complaint either was/was

not handled satisfactorily.

Satisfactorily handled complaints

will be marked as "Information".

Information incidents are entered

into the IA tracking system for

documentation purposes only and

not for disciplinary purposes.

902.4 COMPLAINT INVESTIGATION

After IA has received, classified and entered a complaint into ICMS, the complaint will be assigned

to the unit or command with appropriate investigative responsibility based on the classification

level. Minor nature complaints that have been satisfactorily handled by a supervisor will be entered

into ICMS and closed as "Information".

902.4.1 COOPERATING WITH ASSIGNED INVESTIGATORS

(a) Employees will cooperate with any assigned investigator as if they were addressing

the Chief of Police. Employees who fail or refuse to cooperate with an assigned

investigator will be subject to disciplinary action, up to and including indefinite

suspension.

(b) Honesty is of the utmost importance in the police profession. Employees are expected

to be truthful at all times during interviews with investigators as outlined in General

Order 900 (General Conduct and Responsibilities).

1. Employees who are found to have given a false official statement are subject

to indefinite suspension as outlined in the Discipline Matrix ("Dishonesty - False

Official Statements").

2. There may be cases where officers have not been truthful but the dishonesty

does not constitute a false official statement. In those situations, the Chief of

Police shall consider each case on a fact specific basis and may decide that

corrective action other than indefinite suspension is warranted as outlined in the

Discipline Matrix ("Neglect of Duty - Misleading Statements").

902.4.2 WITHDRAWN COMPLAINTS

(a) If the complainant withdraws their complaint or refuses to further cooperate with the

administrative investigation, the investigation may be closed as incomplete.

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(b) If the nature of the allegations can be sufficiently determined without the assistance

of the complainant, the investigation shall proceed and be completed as normal.

902.5 ALLEGATIONS OF CRIMINAL CONDUCT

When employees are accused of potential criminal conduct, SIU shall be assigned to investigate

the criminal allegations as outlined in General Order 901 (Special Investigations) apart from any

administrative investigation. This section explains how IA and SIU work together in concurrent

investigations.

902.5.1 CONCURRENT CRIMINAL AND ADMINISTRATIVE INVESTIGATIONS

The Chief of Police will normally allow the administrative investigation and/or disciplinary action

to proceed prior to the final (legal) disposition of any criminal investigation of an employee.

Internal Affairs will proceed with a concurrent investigation in cases involving a general order

violation. SIU and IA shall coordinate their investigations and make a joint determination

concerning whether involved officer(s) and witnesses should be initially interviewed by SIU or IA.

Supervisors and assigned investigators from SIU and IA will regularly communicate on the joint

progress of their investigation and share information expeditiously as allowed by law.

A supervisor from SIU shall be the Department's liaison with the prosecutor's office concerning

any criminal investigation. The IA investigator or supervisor will not contact the prosecutor unless

authorized to do so by the Chief of Police or designee.

902.5.2 INFORMATION AND EVIDENCE SHARING BETWEEN IA AND SIU

The following criteria shall dictate the sharing of information/evidence between the administrative

and criminal investigations:

(a) Representative(s) from IA will not normally be present during any criminal interview of

an APD employee conducted by the SIU.

(b) All evidence obtained during the criminal investigation shall be shared with the

administrative investigator, to the extent allowed by law. An SIU investigator or

supervisor shall consult with the prosecutor concerning the appropriate time to release

this information to the administrative investigator.

1. Investigative information received though a Grand Jury subpoena or testimony

shall not be released or shared with Internal Affairs.

materials, may be shared with the criminal investigator and/or prosecutor, to the extent

allowed by law. The IA legal advisor shall review all potential Garrity related material

prior to authorizing its release.

1. Garrity Related Materials - Garrity related materials are the result of an

administrative order requiring an employee to give evidence or statements as a

condition of continued employment. This includes, but is not limited to:

(a) Sworn statements provided by the accused employee.

(b) The results of a Department ordered polygraph.

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(d) Cellular telephone records.

(e) Credit card receipts.

(f) Medical records.

2. Except as provided herein, Garrity related materials obtained during the

administrative investigation shall not be provided to a criminal investigator and/

or prosecutor unless:

(a) The employee who is the subject of the administrative investigation

authorizes its release.

(b) The evidence relates to a false statement, given under oath by the

employee, which may constitute perjury or aggravated perjury.

(d) Investigative information shall be shared with IA in a timely manner. When a criminal

investigation has been completed, the assigned SIU investigator or an SIU supervisor

will notify the IA investigator conducting the administrative investigation of the final

status of the criminal case.

902.5.3 180 DAY INVESTIGATION TIME FRAME

Generally, in order for a sworn employee to be temporarily suspended, demoted, or indefinitely

suspended for allegations based on a criminal nature, an investigation must be completed and

discipline imposed within 180 days from the date an Assistant Chief of Police or the Chief of Police

has notice of the potential misconduct, provided that the officer is still subject to prosecution under

the applicable criminal statute of limitations.

(a) If a prosecutor notifies the SIU supervisor that taking disciplinary action will jeopardize

the criminal investigation, the Chief of Police or designee shall decide whether to

notify the Attorney General of their intent to take disciplinary action outside of the 180

day statutory period. Notification to the Attorney General is authorized only when the

following criteria have been met:

1. The Chief of Police or designee, at the time of the filing of the notice with the

Attorney General, intends to indefinitely suspend the officer; and

2. The prosecutor has notified the Chief of Police or designee that a delay

in imposing an indefinite suspension is necessary to protect a criminal

investigation; and

3. The Chief of Police or designee consults with the IA legal advisor concerning

the propriety of filing the notice to the Attorney General.

902.6 ADMINISTRATIVE INVESTIGATION GUIDELINES

Generally, in order for a sworn employee to be temporarily suspended, demoted, or indefinitely

suspended for allegations of an administrative nature, an investigation must be completed and

discipline imposed within 180 days from the date the incident occurred.

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The assigned investigator shall follow the rules established by Civil Service Law (generally, Tex.

Local Gov't Code § 143.312) and the Meet and Confer Agreement between the City and the Austin

Police Association (APA). This includes:

(a) Investigators shall prepare and furnish a written Notice of Allegations which explains

the nature of the complaint to the accused officer not less than 48 hours before

beginning the initial interview of an accused officer.

(b) Regardless of who is responsible for investigating the complaint, investigators:

1. Shall be one rank higher than the officer subject to the investigation unless

otherwise authorized by the Chief of Police or designee.

2. Shall not be a person who is the complainant, the ultimate decision maker

regarding disciplinary action, or a person who has any personal involvement

regarding the alleged misconduct.

employee is normally off-duty during that time the employee shall be compensated.

1. Off-duty interviews should only be conducted based on the seriousness of the

investigation and other factors where time is of the essence.

2. When appearing before Internal Affairs for a scheduled interview, employees

shall wear:

(a) The Class A, B, or C uniform, or

(b) Plain clothes in adherence to General Order 801.5 – Plain Clothes Attire.

(d) Investigators may not interview employees at their home without the employees' prior

permission.

(e) Employees who are the subject of an investigation have the right to be informed of

the identity of every person who will be participating in any interview of the employee.

No more than two interviewers should ask questions to prevent any confusion or

misunderstanding.

1. A representative from the OPO may attend an interview of the officer who is

the subject of the investigation or administrative inquiry, as well as all witness

interviews. The OPO representative may directly question the officer who is the

subject of the investigation and any witness officer only if agreed to by the subject

officer or witness officer or their representative and the IAD investigator. At the

conclusion of or during a break in any interview, the OPO representative may

take the IAD investigator aside and request that the investigator ask additional

questions. Whether such information is sought in any interview is within the

discretion of the IAD investigator.

(f) All interviews shall be for a reasonable period and the employee's personal needs

shall be accommodated.

(g) Employees shall not be subjected to offensive or threatening language, nor shall

any promises, rewards or other inducements be used to obtain answers. Employees

refusing to answer questions directly related to the investigation may be ordered

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to answer questions administratively or be subject to discipline for insubordination.

However, nothing administratively ordered may be provided to a criminal investigator.

(h) Employees subject to a "do not discuss" order may only discuss details of an

investigation with the people designated in the order.

1. In order to maintain the integrity of each individual employee's statement,

multiple employees subject to the same investigation may not discuss the details

with each other. Multiple involved employees may not collectively meet with

a representative or attorney to discuss details of an incident prior to being

interviewed.

(i) Absent circumstances preventing it, interviewers should record all interviews of

employees and witnesses. Employees may also record the interview if they notify the

investigator of their intent to record.

(j) Employees who have been previously interviewed shall have a copy of the recorded

interview made available to listen to prior to any subsequent interview and/or when

they are reviewing their transcribed statement.

1. Employees who are reviewing their statement may only make grammatical

changes. Changes in content must be done through a follow-up interview or

memorandum.

2. Employees shall be required to sign their transcribed statement as it reflects the

actual interview.

(k) A sworn employee who is the subject of an investigation or administrative inquiry

shall have the right to be represented by an attorney of the officer’s choice or an

Austin Police Association (APA) representative or both during an interview, provided

the attorney/representative complies with the Internal Affairs interview protocol (i.e. to

observe only). Any failure to adhere to this observation rule may result in removal of

the attorney or union representative from the interview room. A sworn employee who is

a witness or complainant is not permitted to bring an attorney or union representative

into the interview.

(l) In accordance with Municipal Civil Service Rule 6.03(D), a civilian employee who

is the complainant, respondent, or witness, in an Internal Affairs investigation, may

bring a representative of their choosing to attend the interview as an observer only,

provided the representative does not have personal involvement in the incident as

a complainant, witness, or subject of the investigation. Any failure to adhere to this

observation rule may result in removal of the representative from the interview room.

902.6.1 ADMINISTRATIVE INVESTIGATION TOOLS

The results of any compelled technique shall be restricted to the administrative investigation. When

civilian employees are the subject of an investigation, the IA Legal Advisor must be consulted prior

to utilizing any of the following investigative tools.

(a) Sworn employees of this department may be administratively ordered by the Chief of

Police or designee to submit to:

1. A blood, breath or urine test for alcohol and drugs.

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2. A polygraph examination under the conditions set forth in Tex. Gov't Code §

614.063.

3. A psychological evaluation.

4. Other medical or laboratory tests as deemed necessary.

5. Conduct a video re-enactment.

6. Be photographed.

7. Participate in a physical lineup.

8. Produce documents reasonably related to an investigation (e.g. financial

documents, credit reports, phone records).

9. Other administrative orders, as necessary.

(b) Employees may be compelled to disclose personal financial information pursuant to

proper legal process if such information tends to indicate a conflict of interest with

official duties or if the employee is assigned to or being considered for a special

assignment with a potential for bribes.

radios, desks, filing cabinets, lockers, or any other type of equipment or storage space

provided by the Department. An investigative search of departmentally assigned areas

(e.g., desks, lockers, office space, assigned vehicles) may be conducted upon a

suspicion that official misconduct is involved.

902.6.2 INVESTIGATIONS HANDLED BY INTERNAL AFFAIRS

Investigations handled by IA shall adhere to the investigative guidelines set forth in this order

and the Internal Affairs SOP. IA will investigate Administrative Inquiries, Class A, and Class

B investigations that do not fit the criteria for eligibility to be handled using the officer final

classification agreement (OFCA) outlined in section 902.6.4.

(a) Once IA has completed their investigation they shall give the involved employee's

commander access to the case file. The commander shall recommend a disposition

for the allegation based upon a preponderance of the evidence. Disposition guidelines

are outlined in Section 902.7.

1. If the recommended disposition is "Sustained", commanders shall follow the

guidelines for administration of discipline as described in Section 902.9 and

inform IA of the recommended discipline based on the Discipline Matrix.

2. If the disposition of all allegations is something other than "Sustained",

commanders shall notify IA who will then close the case.

(b) IA shall notify the employee of the results of the investigation on Department

memorandum.

902.6.3 INVESTIGATIONS HANDLED BY EMPLOYEE'S CHAIN-OF-COMMAND

(a) Assignment to Command

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1. Class B investigations that are eligible to be handled as an OFCA will be

assigned to the employee’s chain-of-command. If either the commander in

charge or the officer do not accept the OFCA option, the investigation will remain

with Internal Affairs and be conducted as a full Class B investigation.

2. For OFCA investigations conducted by an employee's chain-of-command, the

commander of the employee shall be designated as the commander in charge

of the investigation. The command that the subject officer is currently assigned

to will normally conduct the investigation, even if the allegation of misconduct

occurred in a prior command. The commander in charge shall receive an

investigative packet from IA containing all evidence relating to the complaint, all

required forms and an investigative template.

(b) Appointment of Investigative Supervisor

1. The commander in charge shall appoint a sworn supervisor to be the

investigator. The investigator must be the rank of sergeant or above and at

least one rank higher than the employee being investigated. The investigating

supervisor may not be the complainant or have personal involvement in the

alleged misconduct under investigation.

902.6.4 INVESTIGATIONS HANDLED THROUGH THE OFFICER FINAL CLASSIFICATION

AGREEMENT

The Officer Final Classification Agreement (OFCA) is an option available to officers who wish

to shorten the investigative and discipline process time for minor complaints meeting the criteria

specified below.

(a) Minor nature complaints shall be reviewed by an IA lieutenant and/or commander to

determine if the complaint falls into an eligible category for OFCA. If the complaint falls

within an eligible category, an IA lieutenant shall review the officer's complaint history

to determine if there are any patterns of behavior or serious allegations which would

eliminate them from eligibility.

(b) The following guidelines shall be used to determine which complaints may be eligible:

1. Class B INTERNAL complaints that involve less serious violations of Department

policies or procedures where the Matrix guidelines allow for discipline not greater

than three (3) days may be eligible. Examples include, but are not limited to:

(a) Failure to Qualify.

(b) Unintentional Discharge (not at a training site).

(d) Pursuits.

(e) Officer Involved Collisions.

2. Class B EXTERNAL complaints that involve less serious violations of

Department policies, or procedures where the Matrix guidelines allow for

discipline not greater than a written reprimand may be eligible. Examples include

but are not limited to:

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(a) Allegations of profanity and/or inappropriate language.

(b) Allegations of inadequate police service.

3. Class A, C and D complaints are not eligible.

4. An officer with 2 or more complaints of a similar nature within the previous 12

months is not eligible for the OFCA for similar subsequent violations.

chain-of-command and the OPO of said determination. If the officer's Commander

agrees that the officer is eligible then the officer shall be offered this option when they

are served with their Notice of Allegations. Officers agreeing with the complaint and

wanting to invoke their OFCA option may do so by submitting a memorandum along

with a signed OFCA form to IA within 48 hours of receiving the Notice of Allegations.

(d) By accepting the OFCA, the officer is accepting responsibility for their actions and

the complaint shall receive a final disposition of sustained. The officer will not

receive discipline exceeding a three (3) day suspension for internal complaints or a

written reprimand for external complaints. These cases are not subject to additional

investigation unless new information is received that indicates a more serious general

orders violation may have occurred. OFCA's should be completed within twenty (20)

days of the date the investigation is assigned to the chain-of-command. If an OFCA

is invoked, the ten (10) business days' time frame for the administration of discipline

does not apply.

902.6.5 INVESTIGATIONS HANDLED THROUGH MEDIATION

As an alternative to the normal IA process utilized in investigating complaints, the complainant

and involved officer(s) may be invited to voluntarily participate in mediation. Mediation shall be an

option discussed by the Office of Police Oversight (OPO) intake staff after the external complaint

affidavit has been submitted by the complainant. Complaints recommended for mediation will be

noted on the OPO Interoffice Delivery Sheet. The OPO Interoffice Delivery Sheet and the original

external complaint affidavit will be delivered to IA by OPO staff. Once mediation has occurred,

the matter cannot be returned to the Department to be handled as a disciplinary matter unless

the officer fails to complete the mediation session. Complaints resolved via mediation will not be

counted as an incident in the Guidance Advisory Program (GAP).

(a) The OPO intake staff shall not offer mediation to the complainant at the conclusion

of the external complaint affidavit intake or as a complaint resolution option. Approval

from the chain of command and willingness on the part of the officer to mediate

a complaint shall be obtained prior to offering mediation to the complainant. To do

otherwise may yield an unintended consequence of mistrust or dissatisfaction on the

part of the complainant.

(b) Complaints shall be reviewed by the IA lieutenant or commander within two (2)

business days of receipt to determine whether they would be appropriate for

mediation. Only Class B external complaints that involve less serious violations of

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Department policies and procedures may be eligible for mediation. Examples may

include, but are not necessarily limited to:

1. Allegations of profanity, belittling or rudeness.

2. Allegations of inadequate police service.

officer's complaint history and confer with the officer's chain of command to determine

if the officer meets the qualifications for the mediation process. The chain of command

shall report back to the IA lieutenant within five (5) calendar days indicating whether

the officer has accepted or declined mediation as a complaint resolution. The option

to utilize mediation may be withdrawn by the Chief of Police or designee if withdrawal

is deemed to be in the best interest of the Department.

1. Officers will be eligible to choose mediation as an option to resolve complaints

of a substantially similar nature no more than once every six (6) months or twice

per calendar year.

2. IA will consult with the officer's chain of command to determine if subsequent

complaints are of a substantially similar nature to previous complaints.

(d) The officer's chain of command must obtain and review any audio/video related to

the officer/complainant interaction. If the parties agree to mediate the complaint, the

audio/video will be submitted to IA, copied to a designated flash drive or other portable

media and supplied to the Dispute Resolution Center for the mediation session.

(e) If the allegations are appropriate and the officer meets the qualifications for mediation,

the offer to mediate shall be extended to the officer. If the officer agrees to mediate,

the OPO shall extend the offer to mediate to the complainant.

1. If either the complainant or the officer declines to participate in mediation,

the OPO Mediation Coordinator will notify the IA lieutenant. IA will utilize its

usual investigative process to handle the complaint and notify both parties that

mediation will not occur.

2. If the officer and the complainant accept the offer to mediate, the OPO Mediation

Coordinator will notify the Dispute Resolution Center of the referral via facsimile.

The OPO Mediation Coordinator will furnish a summary of the incident and

allegations to the Dispute Resolution Center as background information about

the dispute. The assigned mediator may request additional information, if

necessary, while contacting the complainant and the officer to schedule the

session.

(f) A neutral third party mediator from the Dispute Resolution Center will contact the

complainant and the officer to complete an intake/assessment, answer questions

specific to mediation and schedule a date/time for the mediation session. Mediations

will be scheduled on the earliest possible date; generally within thirty (30) days from

the date of receipt of the formal complaint affidavit, if possible.

(g) A formal confirmation letter stating the date, time and location of the mediation will

be sent to the officer and the complainant by the Dispute Resolution Center. A

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mediation brochure will also be provided to both parties prior to the mediation session.

A mediation session will be scheduled for a two (2) hour time slot.

(h) Officers must schedule mediation sessions during their normal duty hours if those

hours coincide with the normal business hours set forth by the Dispute Resolution

Center. Officers working outside of the normal business hours set forth by the Dispute

Resolution Center shall submit an overtime request form to the IA lieutenant.

(i) An officer attending a mediation session is considered to be on-duty, shall behave

in a professional manner during the session, and is bound by general orders. The

officer is expected to fully participate in the mediation session. The officer shall wear a

uniform or clothing suitable for court, as outlined in general orders. Officers will not be

prohibited from carrying their duty weapon while participating in a mediation session,

but must comply with department general orders regarding weapons.

(j) Mediation sessions are confidential. Unless all parties agree, only complainants,

officers, and the mediators will be allowed into the session. A qualified, neutral

interpreter will also be present if the complainant or a third party mediator deems

such action necessary. All parties will be required to sign a Dispute Resolution

Center Agreement to Mediate Waiver and Consent form. Once the form is signed by

both parties and the mediation session has commenced, there is no provision for a

complaint to be returned to IAD for investigation if the complainant is dissatisfied with

the mediation process or the outcome of the mediation session. The mediation session

will not result in a written agreement between the parties.

(k) At the conclusion of a mediation session, the mediator will provide the OPO Mediation

Coordinator a written response stating whether both parties appeared and whether

the session resulted in a completed mediation. This written response will be submitted

to the OPO Mediation Coordinator and entered into ICMS. The written documentation

will be maintained by IA. Although the mediation session is confidential, the nature of

the complaint and the officer's identifying information shall be recorded in the ICMS

database as a 'mediated' complaint. Mediated complaints will NOT be included as an

incident in the Guidance Advisory Program (GAP).

(l) The Dispute Resolution Center will provide each party with a satisfaction survey at the

conclusion of the mediation session. The complainant and the officer will complete the

survey prior to leaving the Dispute Resolution Center. The survey will be submitted

to the OPO Mediation Coordinator and entered into ICMS. The written documentation

will be maintained by IA.

902.6.6 MEDIATION SCHEDULING CONFLICTS

(a) If the officer or complainant is going to be late for the scheduled mediation, they should

contact the Dispute Resolution Center to inform them what time they will arrive:

1. If the officer or complainant will be delayed less than twenty (20) minutes, the

session shall commence upon the party's arrival.

2. If the officer or complainant will be delayed more than twenty (20) minutes,

the Dispute Resolution Center shall consult with the other party to determine

whether the delay is acceptable or whether that party would prefer to reschedule.

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(b) If the officer or complainant is unable to attend the mediation due to an unforeseen

emergency, they should make every effort to immediately notify the Dispute Resolution

Center to have the session rescheduled. The officer shall also contact the IA lieutenant

regarding any cancellation and/or rescheduling. If the officer or complainant fails to

appear and does not call the mediator, the mediation session shall be canceled for

that day and the mediator will notify the OPO Mediation Coordinator and IA.

1. The OPO Mediation Coordinator shall attempt to make contact with the

complainant to determine if there was a legitimate reason for the complainant's

failure to attend the mediation session. If it is determined by the OPO Mediation

Coordinator that a reasonable explanation did exist, the mediation session shall

be rescheduled. If the OPO Mediation Coordinator determines the complainant

did not have a reasonable explanation for missing the mediation session, the

complaint shall be closed as a contact by IA.

2. The IA lieutenant shall contact the officer to determine if there was a legitimate

reason for the officer's failure to attend the mediation session. If it is determined

that an explanation did exist, the mediation session shall be rescheduled. If IA

determines the officer did not have a reasonable explanation for missing the

mediation session, the option for the officer to engage in mediation may be

withdrawn by IA and the allegation(s) made by the complainant will be fully

investigated.

3. Regardless of the circumstances, the officer and complainant may only

reschedule a mediation session one time each.

4. Failure to attend a rescheduled mediation session will result in the following

action:

(a) If the officer fails to attend, the allegation will be fully investigated by IA.

(b) If the complainant fails to attend, the complaint shall be closed as a contact

by IA.

902.6.7 EDUCATIONAL BASED DISCIPLINE

Educational based discipline (EBD) is an alternative to traditional discipline suspensions. EBD

reduces management-employee conflict and offers behavior focused education and training,

enhanced communication, character, competence, and trust which is beneficial to the employee

and the department. Minor nature complaints shall be reviewed by an IA lieutenant and/or

commander to determine if the complaint falls into an eligible category for EBD. If the complaint

falls within an eligible category, an IA lieutenant shall review the officer’s complaint history to

determine if there are any patterns of behavior or serious allegations which would eliminate them

from eligibility.

(a) A subject officer may be eligible for educational based discipline for a suspension of

1 to 5 days:

1. The EBD must be offered by the Chief of Police, their designee, or the involved

officer's chain of command.

2. The involved officer must voluntarily accept the EBD.

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(a) The EBD days are not a one for one replacement for the number of

suspension days and may be more or less.

(b) All EBD classes will be attended while on duty.

3. All classes must be completed within one year of the subject officer's acceptance

of the EBD.

(a) If the training is not completed within one year, the involved officer will

receive the original number of recommended suspension days with no

right to appeal.

(b) Educational Based Discipline cannot be utilized for written reprimand, suspensions

above five (5) days, indefinite suspensions, demotions, or certain general order

violations as determined by the Chief of Police.

1. The Officer Final Classification meeting;

2. At the time the involved officer receives their notice of sustained allegations;

3. At the conclusion of the involved officer's Discipline Meeting; or

4. At the conclusion of the involved officer's Dismissal Review Hearing.

(d) The Officer's IAD history will reflect a written reprimand and the number of days it was

in lieu of the suspension.

902.7 DISPOSITION PROCESS

Regardless of which unit or command conducts an investigation, the involved employee's chain-

of-command is responsible for recommending a disposition for each allegation based on the

guidelines below. The final disposition for any allegation is ultimately determined by the Chief of

Police or designee. Pursuant to a Department of Justice recommendation and a study of industry-

wide best practices, IA does not recommend a disposition for any complaints.

902.7.1 DISPOSITIONS

Each allegation shall be designated with one of the following dispositions based on a finding of

fact and considering the totality of circumstances. The standard of proof used to arrive at a final

disposition is a "preponderance of the evidence".

Sustained - When the investigation discloses sufficient evidence to establish that the act occurred

and that it constituted misconduct.

Exonerated - When the investigation discloses that the alleged act occurred but that the act was

justified, lawful and/or proper according to Departmental General Orders.

Unfounded - When the investigation discloses that the alleged act(s) did not occur.

Inconclusive - When the investigation discloses that there is insufficient evidence to sustain the

complaint or fully exonerate the employee.

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Administratively Closed - Complaints will be administratively closed under the following

circumstances:

(a) An administrative inquiry has been completed and no allegations were made or

misconduct discovered.

(b) The case was classified as a Class C or Class D complaint.

Mediated - Completed the mediation process as detailed in this order.

Retired or resigned under investigation.

Information - An incident maintained for documentation purposes only.

Supervisor Referral - An informal complaint referred to a supervisor for their attention.

If an investigation discloses misconduct or improper job performance which was not alleged in

the original complaint, the investigator shall take appropriate action with regard to any possible

additional allegations. Any additional allegations shall go through the assessment, classification,

and investigation process.

902.8 POST INVESTIGATIVE REVIEW

Any complaining party who is not satisfied with the findings of the Department concerning their

complaint may contact the OPO to discuss the matter further.

902.9 DISCIPLINE PROCESS

The Discipline Process is a guide to be used by all levels of management in determining the

appropriate discipline based upon the type of violation committed. This process does not create

a binding procedural or substantive due process right for any officer.

The guidelines recommended do not diminish the authority of the Chief of Police in determining

whatever disciplinary action is necessary to maintain the integrity of the Department. The Chief

of Police retains the full authority to make all disciplinary decisions. Deviation from this process,

whether by the Chief of Police or any other manager, does not violate any procedural or

substantive rights of any officer unless the deviation violates a specific right guaranteed by law or

the Meet and Confer Agreement. The Chief of Police retains the right to dissolve this process at

any time, without consulting with, or obtaining the approval of any employee. Further, the Chief of

Police maintains the option to revise or modify the process at any time without consulting with, or

obtaining the approval of any employee. In the event the Chief of Police modifies or dissolves this

process, any disciplinary hearing already scheduled will be handled under the provision(s) in place

at the time it was scheduled. In the event the Chief of Police exercises discretionary authority to

modify or dissolve this process, that decision is final.

902.9.1 PHILOSOPHY AND GUIDING PRINCIPLES OF PROGRESSIVE DISCIPLINE

Progressive discipline is a process for responding to on-duty and off-duty job related behavior

that does not meet expected and communicated performance standards. The primary purpose

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for progressive discipline is to assist the employee to understand that a performance problem or

opportunity for improvement exists. The process features increasingly formal efforts to provide

feedback to the employee so they can correct the problem.

The goal of progressive discipline is to improve employee performance. Progressive discipline is

most successful when it assists an individual in becoming an effectively performing member of

the organization. Failing that, progressive discipline enables the organization to fairly, and when

appropriate, terminate employment.

Development of the Discipline Process was based upon several guiding principles:

(a) To provide motivation to employees to respect Departmental values and adhere to

Department policies, procedures, rules, and regulations.

(b) To encourage and maintain expected levels of performance through self-discipline

and acceptance of responsibility.

(d) To ensure that consequences for inappropriate behavior are clearly explained.

(e) To ensure that a consistent, fair, impartial, objective, timely, and unbiased disciplinary

process exists.

(f) To support effective law enforcement and the protection of civil rights as

complementary pillars for policing in partnership with the community we serve.

(g) To encourage and reinforce positive behavior by identifying and correcting poor

employee performance through counseling, training, and/or discipline.

(h) To use discipline as a corrective action.

902.9.2 DISCIPLINE LEVELS

Additional training and counseling or evaluation may be coupled with any of the below options

when in the best interest of the Department and/or the employee. Changes in assignment are at

the discretion of the Chief of Police or designee. Any change in assignment may be warranted

when in the best interest of the Department and/or employee. All types of progressive discipline

will be classified as informal or formal discipline and will be documented in IA.

(a) Oral Reprimand - A formal document of counseling notifying the employee that a

department general order has been violated. It may be issued for any misconduct that

the supervisor determines is necessary and appropriate to correct the problem. The

original is sent to IA and a copy is given to the employee.

(b) Written Reprimand - A formal letter of reprimand notifying the employee that a

department general order has been violated. It is issued for any misconduct or

performance in which the supervisor determines this level of discipline is necessary

to correct the problem. Generally, written reprimands will be issued when there is

a continuation of problems or a supervisor determines a onetime event is serious

enough to warrant a written record being placed in the employee's file. The original is

sent to IA and a copy is given to employee.

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agreed upon 16 to 90 days suspension. When an employee receives a temporary

suspension, the original suspension letter is sent to the Civil Service Commission; a

copy shall go to the employee, be placed in the employee's IA file, and provided to

APD-HR. A suspension may be given for any misconduct or performance problems

as provided below:

1. Progressive disciplinary measures such as counseling, oral reprimands, and/

or written reprimands have not been successful in correcting performance or

conduct problems, or would not be appropriate given the circumstances. A

suspension in this case would be part of the progressive discipline process and

shall range from 1 to 15 days. Previous actions need not have been for the same

violation in order to use suspension as a corrective measure. A compilation of

different issues will enable a supervisor to apply a disciplinary suspension.

2. Progressive disciplinary measures, including lower level suspensions, have not

corrected performance or conduct problems.

3. The involved officer must agree to suspensions of 16 to 90 days in lieu of

indefinite suspension.

(d) Educational Based Discipline - An alternative to traditional suspensions offering

optional behavior-focused education and training for suspension of 1 to 5 days at the

determination of the Chain of Command.

(e) Demotion Recommendation - A recommendation to the Civil Service Commission

of a permanent reduction in one or more steps in rank. The same guidelines provided

in "Temporary Suspension" shall apply. This form of discipline may be used when a

reduction is appropriate and will not transfer an irreconcilable problem to a different

rank or grade. The demotion recommendation is sent to the Civil Service Commission;

a copy shall go to the employee, placed in the employee's IA file, and provided to

APD-HR.

(f) Indefinite Suspension - Equivalent to dismissal or termination from the Department.

When an indefinite suspension occurs the original suspension letter is sent to the Civil

Service Commission; a copy shall go to the employee, be placed in the employee's IA

file, provided to APD-HR, and sent to the APD Training Academy. A termination may

only occur with the approval and direction of the Chief of Police as provided below:

1. The occurrence of a onetime violation is listed in the attached Discipline Matrix

as an Indefinite Suspension (IS) offense.

2. Progressive disciplinary measures, including suspension, have not been

successful in correcting performance or conduct problems, or retention of the

employee would tend to bring discredit to the Department, or any conduct

deemed to warrant dismissal by the Chief of Police.

(g) Alternative Discipline and Last Chance Agreements - As authorized by the Meet

and Confer Agreement and the Chief of Police or designee.

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902.9.3 FACTORS TO CONSIDER IN DETERMINING DISCIPLINE

In determining proper discipline, it is recognized that similar discipline should normally be

imposed for similar violations; however, equal treatment does not necessitate identical discipline.

The following non-inclusive factors, if applicable to the particular case, should be considered,

especially in those instances where more severe discipline is likely:

(a) The nature and seriousness of the violation and its relationship to the employee's

duties and responsibilities.

(b) Multiple violations.

personal gain).

(d) Whether the employee's actions or speech involved bias or discrimination (the

treatment or consideration based on class or category rather than individual merit,

driven by partiality or prejudice).

(e) Whether the employee is in a supervisory or management role (it is the Department's

intent that individuals in a supervisory or management role will be held to a higher

standard with regards to their conduct).

(f) The employee's past disciplinary and work record.

(g) The effect of the violation upon the Department's confidence in the employee's future

job performance.

(h) Whether the officer's conduct has brought discredit to the Department.

(i) Whether the employee accepted responsibility for their actions.

(j) The consistency of the discipline with those imposed upon other employees for a

similar offense and within the discipline matrix.

(k) The progressive nature of discipline.

902.9.4 SUBSEQUENT CORRECTIVE ACTION

The Discipline Matrix reflects increased levels of discipline for subsequent violations of the same

or similar orders. A violation is considered "subsequent" if it occurs within 36 months of the

occurrence date of the last violation. Exceptions are those more serious general order violations

that result in suspensions of more than three days, or those involving dangerous conduct, such

as accidental discharge. In those instances any past violation will be considered a previous

occurrence. Additionally, an officer with a history of multiple unrelated violations within the previous

36 month period may be subject to discipline outside the prescribed Matrix range.

902.9.5 ADMINISTRATION OF DISCIPLINE

After an investigation has been completed the commander in charge shall recommend a discipline

level and, if applicable, the length of suspension. The commander in charge shall notify the

employee of the specified discipline and provide them with any relevant paperwork, including a

Notice of Sustained Allegations. All paperwork related to the discipline and the original case file

shall be forwarded to IA for retention.

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(a) Temporary and/or Indefinite Suspension

1. For discipline resulting in a suspension, the commander in charge shall supply

the employee with a written Notice of Sustained Allegations, specifying the

following:

(a) The disposition for all allegation(s) listed.

(b) The length of the suspension recommended for sustained allegations.

Dismissal Review Hearing (for more than 15 days, demotion or indefinite

suspensions) at which the final disciplinary decision made by the Chief of

Police will be administered by the commander in charge.

1. Generally, the DM or DRH will not be conducted any earlier than

10 business days after the Notice of Sustained Allegations has

been presented to the subject officer unless the Chief of Police or

designee determines this requirement will jeopardize the ability to

impose disciplinary action within the 180-day statutory period or is

in the best interest of the Department.

(d) Informing the subject officer if they are eligible for Educational Based

Discipline

(e) Informing the subject officer that they and/or their attorney have the right

to review the investigative file for a total of eight (8) hours prior to the

scheduled DM or DRH, pursuant to the Meet and Confer Agreement.

Reviews shall be conducted at the IA offices.

(f) Informing the subject officer that they have the right to be represented by:

1. An attorney of the employee's choosing pursuant to the Meet and

Confer Agreement; or

2. An APA representative of the employee's choosing provided that

the representative was not in their chain-of-command at the time of

the incident, is not in their chain-of-command at the time of the DM

or DRH, and has no personal involvement in the investigation as a

complainant or witness; or

3. Both an attorney and an APA representative.

(b) Additional guidelines for the DM and DRH are provided in the sections below.

and the investigation packet is received in IA, a letter shall be mailed to the complainant

explaining the outcome of the investigation. All files shall be retained per the guidelines

set forth below.

902.9.6 DISCIPLINE MEETING

Discipline Meetings (DM) are conducted for temporary suspensions of 1 to 15 days.

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(a) If an employee has received a Notice of Sustained Allegations to attend a DM they,

and/or their attorney or APA representative, has the right to provide a written response

to the investigation directly to the commander in charge:

1. The written response must be in the form of a Departmental memorandum

or, if submitted by the attorney/APA representative, in an appropriate letter

and may contain any facts or evidence the subject officer, the attorney/APA

representative deems pertinent to the investigation and discipline process. The

memorandum/letter must be presented to the commander in charge no more

than five (5) calendar days after the Notice of Sustained Allegations is received

by the subject officer.

2. The commander in charge shall forward a copy of any written response

memorandum received to IA immediately upon receipt.

3. The commander in charge shall review the memorandum and may consider this

information when deciding whether further investigation is warranted or when

determining the appropriate disciplinary recommendation.

4. After the commander in charge has reviewed the subject officer's memorandum,

the commander shall notify the officer of the outcome. If, based on the review,

the commander in charge determines changes should be made to the Notice

of Sustained Allegations, they shall advise the subject officer that disciplinary

action shall be imposed at the scheduled DM. The commander in charge shall

make note of any changes on the original Notice of Allegations kept in the case

file for documentation purposes.

(b) Independent Discipline Review Process

1. Officers may request an Independent Discipline Review of the proposed

disciplinary action after being notified by the commander in charge of the DM.

2. If the officer does not request an Independent Discipline Review the DM shall

be conducted as scheduled. The commander in charge shall notify the officer

of the Chief's disciplinary decision. The commander in charge is responsible for

ensuring that all relevant paperwork is completed.

3. If an Independent Discipline Review is requested, the scheduled DM shall not

take place until after the Review has occurred, unless this Review will prohibit

the Department from imposing disciplinary action within the 180-day statutory

deadline. The following procedures shall be followed when an Independent

Discipline Review is requested:

(a) An Independent Reviewer shall be an assistant chief not in the subject

officer's direct chain-of-command.

(b) The Independent Reviewer shall review the case file, including any

response memorandum submitted by the subject officer and/or their

attorney/APA representative.

officer.

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(d) After reviewing the case file, the Independent Reviewer shall make a

recommendation to the commander in charge concerning the length of the

suspension.

1. The Independent Reviewer's recommendation will pertain only to the

length of the suspension.

2. The Independent Reviewer will not make a recommendation

concerning whether the allegations should be sustained.

3. The Independent Reviewer cannot recommend a suspension longer

than that recommended by the commander in charge but may

recommend a shorter period of suspension.

4. The suspension recommended by the Independent Reviewer must

fit within the parameters defined by the Discipline Matrix.

(e) The Independent Reviewer shall note their recommendation and

justification on the original Notice of Allegations kept in the original case

file.

(f) Upon receipt of the Independent Reviewer's recommendation, the

commander in charge shall conduct the scheduled DM and administer the

disciplinary action imposed by the Chief of Police.

(g) The commander in charge must notify the OPO and afford the OPO

representative the opportunity to attend the DM.

(h) The commander in charge must coordinate with the IA Legal Advisor to

ensure that the appropriate suspension letter is drafted and signed by the

Chief of Police or designee.

902.9.7 DISMISSAL REVIEW HEARING

Dismissal Review Hearings (DRH) are conducted for possible temporary suspensions of 16 or

more days, indefinite suspensions, and/or demotions. It shall be optional for the officer who is the

subject of the investigation to attend and answer any questions at the hearing. Questions posed

at the DRH do not constitute an “investigation” as defined in the Meet and Confer Agreement.

No negative inference will be permitted should the officer elect not to attend or answer questions.

If the officer chooses not to attend or has determined they will not answer any questions at the

hearing, the officer must give 48 hours notice to the Department by filling out the necessary waiver

form. Although the officer is not required to participate in the DRH, the officer must still appear at

the designated time and location to execute and receive any relevant paperwork.

(a) Employees shall appear before the DRH wearing the following:

1. For male employees, a full suit or sports coat, slacks and dress shirt with tie.

2. For female employees, a dress, suit or blouse with dress slacks or skirt.

(b) Employees that are the subject of the DRH shall not carry any type of weapon, openly

or concealed, into the facility where the DRH is being conducted.

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hearing shall be at the discretion of the Chief of Police or designee.

(d) Employees who are scheduled for a DRH may present facts or evidence for

consideration by the Chief of Police or designee. Following the completion of the

DRH, the Chief of Police shall normally, within two (2) business days, render the final

disciplinary decision. The subject officer shall be contacted and will meet with their

chain-of-command so that they can be advised of the Chief's disciplinary decision.

902.9.8 DISCIPLINARY APPEALS

Guidelines for disciplinary appeals are described in Chapter 143 of the Texas Local Government

Code, the Rules and Regulations of the City's Civil Service Commission, and the current Meet

and Confer Agreement.

902.10 CONFIDENTIALITY AND RETENTION OF INVESTIGATIVE FILES

902.10.1 CONFIDENTIALITY OF INFORMATION

(a) All information relating to an open IA investigation, or a closed IA investigation which

did not result in formal discipline, is considered confidential. Employees shall not

disclose or discuss details of any open IA case, or closed IA case which did not result

in formal discipline, with anyone except:

1. Investigator(s) assigned to the case.

2. The employee's attorney.

3. The employee's chain-of-command.

4. Other persons specifically designated by the Chief of Police or designee.

(b) IA employees, including administrative staff, shall not disclose or discuss information

about any investigation with anyone who does not have a legitimate need to know

without first obtaining approval from the IA commander and IA Legal Advisor.

902.10.2 RECORDS RETENTION SCHEDULE

The Chief of Police or designee shall be the records management officer for Internal Affairs.

(a) All records of investigations shall be securely maintained for the minimum periods

defined by the Austin Police Department Internal Affairs Records Control Schedule.

1. No local government office may dispose of records listed in the schedule prior

to the expiration of its retention period.

(b) Local Government Code § 202.002 states the following:

1. Records involved in litigation or records subject to a request pursuant to the

Texas Public Information Act may not be destroyed until either the litigation is

finalized or the request is resolved.

retention period has passed the file shall be destroyed. The following is the established

retention periods for records as adopted by the Department:

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Records Retention Schedule

Record Retention Period

Law enforcement shooting incidents which result

in death or injury to any person, including the

officer and/or any Critical Incident as defined in

General Order 902 (Administrative Investigations)

Permanently retained

Investigations that result in sustained “formal

discipline” above a written reprimand as

defined by this section, to include suspension,

indefinite suspension, and demotion

15 years or 5 years from date of

separation, whichever is longer

Investigations that result in sustained

"formal discipline" as defined by this

section, or cases where the employee

retires or resigns while under investigation

15 Years

Investigations that result in sustained

"informal discipline" as defined by this

section, or whose findings are inconclusive

5 Years

Investigations whose findings are

not sustained (e.g., Unfounded,

Exonerated or Administratively Closed)

3 Years

Complaints that do not lead to a formal IA

investigation(e.g., Mediation, Class C, Class D,

Information incidents and Supervisory Referrals)

2 Years from the date that determination

is made not to initiate an IA investigation

902.10.3 OPEN RECORDS REQUESTS

Open records requests shall be handled as outlined in General Order 116 (Security and Release

of Records and Information).

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Discipline Matrix

903.1 PURPOSE AND SCOPE

The Discipline Matrix is designed as a guide to be used in conjunction with General Order 902

(Administrative Investigations). This matrix is not an all-encompassing document, but should

provide some guidance for the vast majority of investigations involving discipline. As a general

rule, those violations below that are listed as IS (Indefinite Suspension), Fact Specific, or those that

may include discipline greater than a 15-day suspension will be investigated by Internal Affairs.

Violation General Order

Reference

1st Occurrence 2nd Occurrence 3rd Occurrence

Insubordination 110-Organizational

Structure and

Responsibility

110.4.4

4-15 Days Indefinite

Suspension

Objectively

unreasonable use

of deadly force

Chapter 2-

Response to

Resistance

Indefinite

Suspension

Objectively

unreasonable use

of force

Chapter 2-

Response to

Resistance

Fact Specific

Preventable

discharge involving

serious bodily injury

or death

Chapter 2-

Response to

Resistance

Fact Specific

Unintentional

discharge involving

serious bodily injury

or death

Chapter 2-

Response to

Resistance

Fact Specific

Violations of pursuit

general order

214-Vehicle

Pursuit, 400-Officer

Response to Calls,

804-Department

Vehicles

Written Reprimand

to 1-3 Days

Increased one level Increased one level

Pursuit general

order, Aggravated

214-Vehicle

Pursuit, 400-Officer

Response to Calls,

804-Department

Vehicles

1-15 Days 4-15 Days 4-15 Days to IS

Operation of police

vehicle (non-

collision)

214-Vehicle

Pursuit, 400-Officer

Response to Calls,

804-Department

Vehicles

Oral Reprimand to

1-3 Days

Increased one level Increased one level

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Violation

General Order

Reference

1st Occurrence

2nd Occurrence

3rd Occurrence

At-fault/negligent

collision (not

involving bodily

injury or death)

214-Vehicle

Pursuit, 400-Officer

Response to Calls,

804-Department

Vehicles

Oral Reprimand to

1-3 Days

Increased one level Increased one level

At-fault/negligent

collision causing

bodily injury or

death

214-Vehicle

Pursuit, 400-Officer

Response to Calls,

804-Department

Vehicles

Fact Specific

Negligent/Reckless

conduct resulting in

SBI or death

Inclusive, but not

limited to: Chapter

2 - Response to

Resistance and

Pursuit General

Orders

Indefinite

Suspension

Violation of tactics,

other than above

"A".

Inclusive, but not

limited to: Chapter

2 - Response to

Resistance and

Pursuit General

Orders

Fact Specific

Impartial Attitude

and Courtesy

301- Responsibility

to Community

301.2

Fact Specific

Electronic

Recording (DMAV,

BWC) violation

303 & 304-

Mobile Audio

Video Recording

Operation

Conduct

Counseling

Memorandum

Oral Reprimand Written Reprimand

to 1-3 Days

Intentional

Electronic

Recording (DMAV,

MAV) violation

303 & 304-

Mobile Audio

Video Recording

Operation

4-15 Days Indefinite

Suspension

Intentional

Electronic

Recording (DMAV,

MAV) violation at a

criminal incident

303 & 304-

Mobile Audio

Video Recording

Operation

Indefinite

Suspension

Inappropriate

electronic

messages *

305-Radio and

Mobile Data

Computer Use

305.2

Written Reprimand 1-3 Days 4-15 Days

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Violation

General Order

Reference

1st Occurrence

2nd Occurrence

3rd Occurrence

Biased based

profiling/Racial

Profiling

328-Racial or

Biased Based

Profiling

Fact Specific

Failure to properly

investigate

401-Preliminary

Field Investigations,

403-Follow-Up

Investigations

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Improper handling

of evidence (not

related to criminal

conduct)

701-Property and

Evidence

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Improper

destruction of

evidence

701-Property and

Evidence 701.2

Written Reprimand

to 4-15 Days

Increased one level Increased one level

Violations of duty

weapons general

order

803-Duty Weapons Written Reprimand

to 1-3 Days

Increased one level Increased one level

Criminal violation

while on duty or

related to job duties

900-General

Conduct and

Responsibilities

Indefinite

Suspension

Driving While

Intoxicated

900-General

Conduct and

Responsibilities

Indefinite

Suspension

Other criminal

violations

900-General

Conduct and

Responsibilities

Fact Specific

Dereliction of Duty 900-General

Conduct and

Responsibilities

4-15 days to

Demotion

to Indefinite

Suspension

Required reporting

of violations

900-General

Conduct and

Responsibilities

900.2

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Requirements of

duty

900-General

Conduct and

Responsibilities

900.4

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Time and attention

to duty

900-General

Conduct and

Responsibilities

900.4

Oral Reprimand to

1-3 Days

Increased one level Increased one level

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Discipline Matrix

Published with permission by Austin Police Department

Discipline Matrix - 615

Violation

General Order

Reference

1st Occurrence

2nd Occurrence

3rd Occurrence

Duty to Identify 900-General

Conduct and

Responsibilities

900.4.4

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Unprofessional or

abusive behavior to

coworkers

900-General

Conduct and

Responsibilities

900.5

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Confidentiality 900-General

Conduct and

Responsibilities

900.3.5

4-15 Days Indefinite

Suspension

Dishonesty (false

official statements)

900-General

Conduct and

Responsibilities

900.3.1

Indefinite

Suspension

Association with

those of ill repute

900-General

Conduct and

Responsibilities

900.3.3

Fact Specific

Personal Conduct 900 - General

Conduct and

Responsibilities

900.3.4

Fact Specific

Duty to take action 900-General

Conduct and

Responsibilities

900.4.1

Fact Specific

Neglect of duty 900-General

Conduct and

Responsibilities

900.4.3

Fact Specific

Neglect of Duty

(misleading

statements)

900-General

Conduct and

Responsibilities

902.4.3

Fact Specific

Refusing to

cooperate with

Internal Affairs

902-Administrative

Investigations

902.6

Indefinite

Suspension

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Discipline Matrix

Published with permission by Austin Police Department

Discipline Matrix - 616

Violation

General Order

Reference

1st Occurrence

2nd Occurrence

3rd Occurrence

Failure to properly

investigate a

complaint and/or

forward an external

complaint contact

form to Internal

Affairs

902.2.5-

Administrative

Investigations

15 days up

to Indefinite

Suspension

Indefinite

Suspension

Quid pro quo

sexual harassment

914-Discrimination

and Harassment

914.3.2

Indefinite

Suspension

Failure of Random

drug test or

test resulting

from reasonable

suspicion

916-Drug and

Alcohol Free

Workplace 916.2.3

Indefinite

Suspension

Missed court

appearance

935-Court

Appearances

Oral Counseling

(documented in

Field Notes)

Conduct

Counseling

Memorandum

Written Reprimand

to 1-3 Days

Secondary

employment

violations

949-Secondary

Employment 949

Written Reprimand

to 1-3 Days

Increased one level Increased one level

Abuse of sick leave 955-Attendance

and Leave General

Order 955.7

Oral Reprimand to

1-3 Days

Increased one level Increased one level

Improper use of city

resources involving

personal gain

900 - Employee

Speech,

Expression, and

Social Networking

972.4

4-15 Days Indefinite

Suspension

Improper use of

city resources not

involving personal

gain

1000 - Department

Technology Use

1000.3.1

Written Reprimand

to 1-3 Days

Increased one level Increased one level

Internet/Computer

violations

1000 & 1002-

Department

Technology Use

Written Reprimand

to 1-3 Days

Increased one level Increased one level

* If inappropriate electronic messages bring discredit to the Department, increase one level.

** If during the review of the Electronic Recording (DMAV, BWC) violation, the Chain of Command

finds mitigating or aggravating circumstances, those circumstances will be taken factored into the

final discipline.

APD General Orders Issued 7/12/2022

904

Austin Police Department

General Orders

Published with permission by Austin Police Department

Grievance Procedures - 617

Grievance Procedures

904.1 PURPOSE AND SCOPE

It is the policy of this department that all grievances be handled quickly and fairly without

discrimination against employees who file a grievance. The Department's philosophy is to promote

open and honest communication between employees and supervisors.

This order applies to both sworn and civilian employees; however, changes to City of Austin

Personnel Policies will take precedence over any section of this order for civilian employees.

904.1.1 DEFINITIONS

Grievance - A grievance can be any of the following

(a) Any difference of opinion concerning terms or conditions of employment or the

interpretation or application of any of the following documents:

1. The Meet and Confer Agreement.

2. Department General Orders.

3. City Personnel Policy.

(b) Complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful

harassment and discrimination as set forth in General Order 914 (Discrimination and

Harassment).

Business Day - For purposes of this order, a business day does not include weekends or City

observed holidays.

904.2 GRIEVANCE PROCEDURES

(a) Civilian employees shall follow the grievance procedure outlined in the City Personnel

Policy.

(b) Sworn employees shall follow the grievance procedure outlined in:

1. The Meet and Confer Agreement to file a grievance related to the Agreement.

2. Chapter 143 of the Texas Local Government Code, the Rules and Regulations of

the City's Civil Service Commission, and the current Meet and Confer Agreement

for grievances and appeals related to disciplinary action.

3. This order is for all other grievances.

904.2.1 PRE-GRIEVANCE

Sworn employees should attempt to resolve any grievance or complaint informally by

communicating with their immediate supervisor and/or next level supervisor within fifteen (15)

business days of the occurrence of the reason for the complaint. Every effort should be made by

the employee and supervisor to resolve the grievance at this level.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Grievance Procedures

Published with permission by Austin Police Department

Grievance Procedures - 618

904.2.2 FORMAL GRIEVANCE

(a) Sworn employees may file a formal grievance as outlined below if no resolution is

reached by informally speaking with a supervisor.

1. Complete the APD Civil Service Grievance Form, which may be obtained from

APD-HR.

2. Submit the completed form to the APD-HR Manager no later than five

(5) business days after the final pre-grievance meeting with the officer's

supervisor(s).

(a) APD-HR will date stamp the grievance and provide the Officer with a copy.

(b) Within five (5) business days after the written grievance is filed with APD-HR, the

grievant's commander shall schedule a meeting with the grievant and any other

relevant parties in an attempt to resolve the grievance. This meeting shall occur no

more than ten (10) business days after the grievance has been filed.

1. If a resolution to the grievance is reached, the resolution shall be noted on the

grievance form by the commander and grievant, and forwarded to the Chief for

approval. If the Chief concurs with the resolution they will sign the grievance

document and return the document to the APD-HR Manager who will forward a

copy of the grievance to the grievant, the commander, and if appropriate, to the

Austin Police Association (APA).

2. If no resolution to the grievance is reached, or if the Chief does not concur with

the resolution, the Chief shall schedule a meeting with the grievant to occur no

later than ten (10) business days after receipt of the grievance.

(a) The Chief shall issue a written decision on the resolution of the grievance

within five (5) business days of this meeting.

(b) The decision of the Chief for the grievance shall be final.

904.3 NO REPRISAL

No employee shall be discriminated against, harassed, intimidated, nor suffer any reprisal as a

result of filing a grievance or complaint in good faith, or for participating in the investigation of a

grievance or complaint.

No action of a formal or informal nature shall be taken by the Department against an employee,

their witnesses, or the employee's representative, merely for having filed a grievance in good faith,

nor is such filing to be unfavorably looked upon by the Department.

904.4 EMPLOYEE REPRESENTATION

Department employees are entitled to have representation during the grievance process.

Employees may select their representative which may include, but is not limited to, an attorney

or union representative.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Grievance Procedures

Published with permission by Austin Police Department

Grievance Procedures - 619

904.5 GRIEVANCE RECORDS

At the conclusion of the grievance process, all documents pertaining to the process shall be

forwarded to APD-HR for inclusion into a secure file for all written grievances.

(a) If a civilian employee files a grievance with the City Employee Relations Division, City-

HR will coordinate and retain the records for the grievance.

(b) Employee grievances and the records relating to them will not be made part of the

employee's personnel record unless requested in writing by the affected employee.

APD General Orders Issued 7/12/2022

906

Austin Police Department

General Orders

Published with permission by Austin Police Department

Guidance Advisory Program - 620

Guidance Advisory Program

906.1 PURPOSE AND SCOPE

The Guidance Advisory Program (GAP) is an employee early warning system designed to give

supervisors tools to manage their officers and proactively identify potential areas of concern before

they lead to a more significant impact on the officer and/or Department.

GAP should not be used to disseminate any form of discipline, but should be used as an

opportunity to assess, identify, and assist an officer with any issue(s) the officer may be

experiencing.

906.2 INDICATORS FOR PERFORMANCE HISTORY AUDITS

Performance indicators represent the categories of activity that have been determined to be

relevant data for generation and analysis into a Performance History Audit.

(a) GAP tracks three (3) categories on all officers:

1. Use of sick leave - Use 160 hours or more in any 12 month period.

2. Complaints received by Internal Affairs -

(a) Level 1- A, Admin, B, C-- Two (2) or more per 12 month period

(b) Level 2- D, I, S-- Four (4) or more per 12 month period

3. Response to Resistance:

(a) Patrol related duties (excluding DTAC) - Six (6) or more incidents per 12

month period.

(b) DTAC patrol - Nine (9) or more incidents per 12 month period.

906.3 NOTIFICATION AND RESPONSE

Each quarter a Performance History Audit report will be run and verified by the Risk Management

Unit. If an officer exceeds the established threshold for any one of the tracked categories, the

officer's immediate supervisor is notified. The supervisor may be required to meet with the officer.

The officer should be notified they have exceeded the GAP threshold and allowed the opportunity

to discuss any action or incidents related to the GAP activation.

(a)

Prior to the meeting, supervisors may review:

Officer's use of sick leave.

Recent mobile video recording tapes.

Response to resistance reports or other Versadex reports.

Activity logs.

Internal Affairs complaint history.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Guidance Advisory Program

Published with permission by Austin Police Department

Guidance Advisory Program - 621

Secondary employment activity.

(b)

Supervisors may consider taking the following action plans:

Refer the employee to:

(a)

The APD Psychologist.

(b)

The Employee Assistance Program (EAP).

(c)

A Chaplain.

(d)

Peer Support.

Place the officer on an Employee Success Plan, issue a Conduct Counseling

Memo, or any other action the officer's chain-of-command deems appropriate

(c)

No follow-up action is necessary when the GAP thresholds are activated due to long

term illness, approved Family Medical Leave, or incorrect data entered into the APD

database.

906.4 COMPLETION OF REVIEW

Upon completing the review, supervisors may discuss their findings with the officer.

(a) Supervisors will write a memorandum addressed to their commander to document the

findings. The memorandum should be signed by each level of the officer's chain-of-

command as it is routed to the commander.

(b) Commanders will review the GAP memorandum then scan and email it to the GAP

Coordinator for retention and any necessary follow-up. The original memorandum

shall be retained by the officer's chain-of-command.

completion of the required action(s).

906.5 CONFIDENTIALITY OF DATA

Information, data and copies of material compiled to develop Performance History Audits Reports

shall be considered confidential as part of the employee's personnel file and will not be subject to

discovery or release except as provided by law. Access to the data in the system will be governed

under the same process as access to an officer's personnel file as outlined in General Order 910

(Peace Officer Personnel Files).

906.6 RETENTION AND PURGING

Except as incorporated in separate training or disciplinary records, all performance indicators and

Performance History Audit Reports shall be purged from the Risk Management Unit and all other

locations within the Department five years from the date generated. The City Attorney however,

shall retain a copy of Performance History Audit Reports for an additional one year period as

attorney work product.

APD General Orders Issued 7/12/2022

908

Austin Police Department

General Orders

Published with permission by Austin Police Department

Reporting of Employee Arrests and Police

Involvement - 622

Reporting of Employee Arrests and Police

Involvement

908.1 PURPOSE AND SCOPE

Arrests and convictions of certain offenses may restrict or prohibit an employee's ability to properly

perform official duties. All employees shall report any arrest, charge, or indictment of a:

(a) Class B Misdemeanor offense or higher; or

(b) Class C Misdemeanor involving the duties and responsibilities of office or family

violence.

908.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS

Texas and federal law prohibit individuals convicted of certain offenses and individuals subject to

certain court orders from lawfully possessing a firearm. Such convictions and court orders often

involve allegations of the use or attempted use of force or threatened use of a weapon on any

individual in a domestic relationship (e.g., spouse, cohabitant, parent, child (18 USC § 922; Tex.

Penal Code § 46.04(b); Tex. Penal Code § 46.04(c)).

All employees are responsible for ensuring that they have not been disqualified from possessing

a firearm by any such conviction or court order and shall promptly report any such conviction or

court order to a supervisor, as provided in this order.

908.2.1 EMPLOYEE DOMESTIC VIOLENCE

The Department's position is one of zero tolerance toward domestic violence. It is the order of the

Department to use early prevention strategies in order to avoid or minimize the occurrence and

effects of domestic violence. This order addresses the dynamics of domestic violence and how it

impacts the employee and the Department. The purpose of this order is to heighten awareness

of domestic violence and provide guidance for employees, supervisors, and management.

(a) The order takes a continuum approach, seeking first to educate at all phases of an

employee's career, then prevent or intervene in domestic abuse situations in order

to reduce victimization of the family member or partner and increase the chances of

employee career stability.

(b) The Department will respect the confidentiality and autonomy of its employees to direct

their own lives, to the fullest extent permitted by state law. The Department will provide

assistance to employees, which may include, but is not limited to:

1. Resource and referral information; and

2. Safety plans for the workplace; and

3. Work schedule adjustment or leave necessary to obtain medical, counseling, or

legal assistance and arrange for housing and child care; and

4. Workplace relocation.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Reporting of Employee Arrests and Police Involvement

Published with permission by Austin Police Department

Reporting of Employee Arrests and Police

Involvement - 623

908.2.2 PREVENTION AND INTERVENTION OF EMPLOYEE DOMESTIC VIOLENCE

(a) The goal of the Department is to accomplish the following in regard to domestic

violence:

1. Heighten awareness.

2. Provide guidance for employees, supervisors, and management.

3. Identify warning signs.

4. Establish prevention and intervention guidelines.

(b) In order to provide non-punitive avenues of assistance to employees, their partners,

and other family members before an act of domestic violence occurs, the Department

will provide confidential referrals to reputable internal or external counseling services.

employee of the Department shall report it to their immediate supervisor.

(d) Supervisors will monitor employees for warning signs of domestic violence. If warning

signs exist, intervention measures must be taken. The following are some examples of

steps that can be taken, based on the level of violence and the likelihood of recurrence:

1. Problem solving meeting with both parties conducted by the Department's

Psychological Services.

2. Mediation.

3. Referral to counseling services for emotional support and guidance:

(a) Internal (e.g., APD Peer Support, Wellness Office, Victim Services).

(b) External (insurance coverage).

4. Referral to Family Violence Protection Team for assistance with protective

orders.

5. Develop a safety/prevention plan with the assistance of counseling services.

6. Arrange for temporary reassignment to avoid further contact.

7. Issue directive to restrict contact with the other party.

8. Liberal use of employees accumulated existing leave time up to and including

approved Administrative Leave.

908.3 OTHER CRIMINAL OFFENSES

State law prohibits any person convicted of a felony from being a peace officer in the State of

Texas. This prohibition applies regardless of whether the guilt was established by way of a verdict,

guilty plea or nolo contendre plea.

Convictions of certain violations of the Texas Transportation Code (e.g., suspended drivers

license) and other provisions of law may also place restrictions on an employee's ability to fully

perform the duties of the job.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Reporting of Employee Arrests and Police Involvement

Published with permission by Austin Police Department

Reporting of Employee Arrests and Police

Involvement - 624

Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon

conviction of any criminal offense, criminal conduct by members of this department may be

inherently in conflict with law enforcement duties and the public trust.

908.3.1 TELECOMMUNICATORS

Any person who has been convicted of a felony offense or convicted of barratry as defined by

Tex. Penal Code § 38.12 may not be a telecommunicator in the State of Texas (Tex. Occ. Code §

1701.312; Tex. Occ. Code § 1701.313). In addition, telecommunicators are held to the statutory

standards outlined in 37 Tex. Admin. Code § 217.2 with regard to certain misdemeanor offenses.

908.4 REPORTING PROCEDURE

(a) Employees who are arrested will inform the booking officer they are employed by APD

and request APD Communications be immediately notified of the arrest.

(b) Employees shall immediately report to their supervisor, with a follow-up memorandum

through the chain-of-command to the Chief, of:

1. Any arrests, criminal charges, and/or criminal court actions brought against the

employee (to include the name of the arresting agency, a description of the

nature of the charges, and the style, court and cause number of the charge or

indictment, if any); or

2. Anytime an employee is involved in an off-duty incident that results in a response

from any law enforcement agency with the exception of traffic violations, minor

collisions, and other minor calls for service where the employee is not considered

to be a suspect (e.g. alarm calls, noise complaints); or

3. Anytime an employee becomes the subject of a family violence protective order

issued by a court of competent jurisdiction.

Commander, with a follow-up memorandum through the chain-of-command to Internal

Affairs, detailing the circumstances of the situation.

(d) Employees who receive a criminal conviction which unduly restricts or prohibits them

from fully and properly performing their duties may be disciplined up to and including

indefinite suspension/termination.

(e) Employees failing to provide prompt notice pursuant to this order are subject to

discipline.

908.4.1 DEPARTMENT RESPONSIBILITY TO REPORT

When a peace officer or county jailer is arrested, the Chief of the arresting agency must report

such fact, as mandated by 37 Tex. Admin. Code § 211.28, to TCOLE within 30 business days

of the arrest.

In addition, the Chief must report the arrest, charge or conviction of any person who is under

appointment with this department to TCOLE within 30 days of the arrest, as mandated by 37 Tex.

Admin. Code § 211.29.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Reporting of Employee Arrests and Police Involvement

Published with permission by Austin Police Department

Reporting of Employee Arrests and Police

Involvement - 625

908.4.2 RESPONSIBILITY TO REPORT

Employees who hold a license issued by TCOLE shall report to the commission in writing within

30 days:

(a) Any name change;

(b) A permanent mailing address other than an agency address

(d) An arrest, charge, or indictment for a criminal offense above the grade of Class C,

or for any Class C misdemeanor involving the duties and responsibilities of office or

family violence, including the name of the arresting agency, the style, court and cause

number of the charge or indictment, if any;

(e) The final disposition of the criminal action; and

(f) Receipt of a dishonorable or other discharge based on misconduct which bars future

military service.

In addition, a licensee must report:

(a) Any name change to the APD HR, and

(b) Any of the above mentioned arrest, charge or indictment for a criminal offense to the

Austin Police Department.

908.5 PROCEDURE FOR RELIEF

While a peace officer may be permitted to carry a firearm following a conviction under state law,

federal law does not provide for any similar relief, and therefore the peace officer is not relieved

of the restrictions imposed by federal law. Pending satisfactory proof of relief from any legal

restriction imposed on an employee's duties, the employee may be placed on administrative leave,

reassigned or disciplined.

APD General Orders Issued 7/12/2022

910

Austin Police Department

General Orders

Published with permission by Austin Police Department

Peace Officer Personnel Files - 626

Peace Officer Personnel Files

910.1 PURPOSE AND SCOPE

This section governs the maintenance, retention and access to peace officer personnel files in

accordance with established law. It is the policy of this department to maintain the confidentiality

of peace officer personnel records pursuant to state law (generally, Tex. Gov't Code § 552.102

and Tex. Local Gov't Code § 143.089).

910.2 PERSONNEL FILES DEFINED

Peace officer personnel records shall include any file maintained under an individual officer's

name. Employee records will generally be maintained in any of the following:

(a) Civil Service Personnel File - That file maintained by the Department and based on

the guidelines set by Tex. Local Gov't Code § 143.089(a).

(b) Confidential Employee Personnel Files - Any file maintained internally by the

Department, separate from the Civil Service Personnel file, and based on the

guidelines set by Tex. Local Gov't Code § 143.089(g).

910.3 CIVIL SERVICE PERSONNEL FILE

(a) The Civil Service Personnel File must contain any letter, memorandum or document

relating to (Tex. Local Gov't Code § 143.089(a)):

1. A commendation, congratulation or honor bestowed on the officer by a member

of the public or by the Department for an action, duty or activity that relates to

official duties.

2. Any misconduct by the officer if the letter, memorandum or document is from the

Department and if the misconduct resulted in disciplinary action. For purposes

of this section, the phrase "disciplinary action" does not include discipline at the

level of a written reprimand or lower.

3. The periodic evaluation of the officer by a supervisor.

(b) The Civil Service Personnel File may not contain a letter, memorandum or document

relating to alleged misconduct when there is insufficient evidence to sustain the charge

of misconduct.

910.4 CONFIDENTIAL EMPLOYEE PERSONNEL FILES

The Department may maintain confidential employee personnel files on a peace officer for the

Department's use, but the Department may not release any information contained in these files

to any agency or person requesting information relating to a peace officer except as permitted by

law (Tex. Local Gov't Code 143.089(g)).

Confidential employee personnel files may include, but are not limited to, the following:

(a) Department File ("201 file") - The permanent record of a sworn officer's employment

with the Department.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Peace Officer Personnel Files

Published with permission by Austin Police Department

Peace Officer Personnel Files - 627

(b) Internal Affairs File - Information relating to the complaint and investigation history

of each employee regardless of disposition.

(d) Medical File - Information relating to an employee's medical history.

(e) Division File - Documentation used by an employees supervisor for the purpose of

completing timely performance evaluations.

(f) Recruiting File - Required hiring documentation of employees.

910.4.1 DEPARTMENT FILE ("201 FILE")

(a) The Department File is maintained by the Human Resources Department and may

contain, but is not limited to, the following:

1. Performance evaluation reports regularly completed by appropriate

supervisor(s) and signed by the affected employee shall be permanently

maintained and a copy provided to the employee, along with any written

statements the employee makes in response to the evaluation report. (generally,

Tex. Local Gov't Code § 143.082).

2. Commendations, with a copy provided to the involved employee(s).

3. Personnel Action Reports reflecting assignments, promotions and other

changes in the employee's employment status.

4. A photograph of the employee.

(b) If a negative letter, memorandum, document or other notation of negative impact is

included in an officer's personnel file, the Department shall, within 30 days after the

date of the inclusion, notify the affected officer. The officer may, on or before the 15th

day after the date of receipt of the notification, file a written response to the negative

letter, memorandum, document or other notation (Tex. Local Gov't Code § 143.089).

1. Any such employee response shall be attached to and retained with the original

adverse comment.

2. If an employee refuses to initial or sign an adverse comment, at least one

supervisor should note the date and time of such refusal on the original

comment. Such a refusal, however, shall not be deemed insubordination nor

shall it prohibit the entry of the adverse comment into the employee's file.

910.4.2 INTERNAL AFFAIRS FILE

(a) The Internal Affairs File is maintained under the exclusive control of the Internal Affairs

Division on behalf of the Office of the Chief of Police.

(b) While the Civil Service Personnel File contains the appropriate sustained complaint

history of employees, the Internal Affairs File shall contain all the documentation

relating to the complete investigation of all formal complaints of employee misconduct

regardless of disposition.

of the Internal Affairs Unit.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Peace Officer Personnel Files

Published with permission by Austin Police Department

Peace Officer Personnel Files - 628

(d) Further details on an employee's Internal Affairs File can be found in General Order

902 (Administrative Investigations).

910.4.3 TRAINING FILE

(a) The Training File is maintained by the Training Division for each employee and shall

contain:

1. Records of all training and education; and

2. Original or photocopies of available certificates, transcripts, diplomas and other

related documentation; and

3. Firearms qualifications, including mandated annual qualification.

(b) It shall be the responsibility of the involved employee to provide the Training

Commander or designee with evidence of completed training/education in a timely

manner.

are placed in the employee's Training File.

910.4.4 MEDICAL FILE

(a) The confidential Medical File is maintained by Risk Management separately from all

other files and shall contain documents relating to the employee's medical condition

and history, including but not limited to the following:

1. Materials relating to medical leaves of absence.

2. Documents relating to workers compensation claims or receipt of short-term or

long-term disability benefits.

3. Fitness for duty examinations, psychological and physical examinations, follow-

up inquiries and related documents.

4. Medical release forms, doctor's slips and attendance records that reveal an

employee's medical condition.

5. Any other documents or material which reveals the employee's medical history

or medical condition, including past, present or future anticipated mental,

psychological or physical limitations.

(b) Documentation regarding an employee's FMLA status is maintained separately by

APD Human Resources.

910.4.5 DIVISION FILE

(a) The Division File is considered an interim file that is maintained by an employee's

supervisor and may contain information (e.g., supervisor log entries, notices to correct)

used to serve as a foundation for the completion of employee performance evaluation.

(b) If any item will be included in the employee's Department File, a duplicate copy of

it may also be placed in this interim file in anticipation of completing any upcoming

performance evaluation.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Peace Officer Personnel Files

Published with permission by Austin Police Department

Peace Officer Personnel Files - 629

910.4.6 RECRUITING FILE

(a) The Recruiting File is maintained by the Recruiting Division and contains all the

required TCOLE documents of employees who are hired by the Department, including:

1. A copy of any TCOLE Forms L1, L2, L3, and any previous F5Rs; and

2. Required background information including, at a minimum, proof of citizenship

and age, proof of education, proof of criminal history checks, and proof of military

discharge if applicable.

910.5 REQUESTS FOR DISCLOSURE

All personnel records shall be deemed confidential and shall not be subject to disclosure except

pursuant to state and federal discovery procedures, state law or with the employee's consent.

Nothing in this section is intended to preclude review of personnel files by the City Manager, City

Attorney or other attorneys or representatives of the City in connection with official business.

910.5.1 REQUEST FOR CIVIL SERVICE PERSONNEL FILE INFORMATION

Subpoenas for documents or items from the Civil Service Personnel File maintained by IA will be

directed to the IA Commander or Lieutenant. Any open records request for IA files will be referred

to the APD Legal Adviser. No documents or items will be released pursuant to a subpoena without

authorization from the APD Legal Adviser.

(a) Open records requests can come directly from the general public, APD or City PIO,

or through the Civil Service Commission. Records will be released to the public only

when authorized by law. All sustained complaints that resulted in disciplinary action

are subject to open records requests. For purposes of this section, "disciplinary action"

means (Tex. Gov't Code 143.089(a)(2)):

1. Temporary suspension (1-15 days); or

2. Agreed suspension (16-90 days); or

3. Indefinite suspension (the civil service equivalent of termination); or

4. Demotion.

(b) When IA is notified that an open records request has been received for a particular

file, IA personnel shall review the file to ensure information that is not related to the

sustained allegation, which formed the basis of the "disciplinary action", is redacted.

open records request to ensure that any necessary redactions have been completed.

(d) If the request is submitted through the Civil Service Commission, the original redacted

case file will be transferred to the Commission as soon as possible to ensure

compliance with the statutory deadline for responding to the open records.

910.5.2 REQUESTS FOR CONFIDENTIAL EMPLOYEE PERSONNEL FILE INFORMATION

Subpoenas and open record requests for any portion of an Confidential Employees Personnel

File shall be submitted to APD PIO or City Legal.

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910.5.3 EMPLOYEE ACCESS TO PERSONNEL FILES

Employees, or the employees' representative, may request access to their own Confidential

Personnel Files by completing the appropriate form or memo during the normal business hours of

the Division responsible for maintaining such files. Employees may be restricted from accessing

confidential portions of their Internal Affairs files that have not been sustained against the

employee.

910.5.4 APD EMPLOYEES SEEKING OTHER EMPLOYMENT

Former and current APD employees seeking employment with another law enforcement or

government agency may have a representative from that agency granted access to portions of

their Confidential Employee Personnel File as required by law when the following conditions are

met:

(a) The representative presents their agency credentials; and

(b) The representative presents a signed, legally sufficient release/waiver form signed by

the former employee; and

to grant access to said file.

910.6 RECORD RETENTION

All records and files shall be maintained for the minimum period outlined by law.

(a) All Internal Affairs files, records, and investigations shall be securely maintained as

outlined in General Order 902 (Administrative Investigations).

(b) Contents of an employee's Division File may be destroyed:

1. Once the information is incorporated into an employee performance evaluation;

2. If the original materials were forwarded for inclusion into another personnel file.

910.7 BRADY MATERIAL IN PERSONNEL FILES

The purpose of this section is to establish a procedure for releasing potentially exculpatory

information, known as Brady material, contained within confidential peace officer personnel files.

910.7.1 DEFINITIONS

Brady material - In the Brady v. Maryland decision (373 U.S. 83 (1963)) the United States

Supreme Court held that the prosecution has an affirmative duty to disclose to the defendant

evidence which is both favorable and material to the guilt and/or punishment of the defendant.

The prosecution - Refers to any prosecuting attorney and all investigative agencies involved in

the criminal prosecution of a defendant, including this department.

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910.7.2 RELEASE OF PERSONNEL FILES TO PROSECUTING ATTORNEY

Generally, the only time the prosecuting attorney, Attorney General or Grand Jury is entitled to

access confidential peace officer personnel files without filing a court motion is when they are

investigating the conduct of an officer or this department. Such access shall not be considered a

waiver of the confidentiality of the information contained in these files.

Absent a specific investigation of identified officer(s) or a specific investigation of this department,

or the consent of an involved officer, no confidential information from any officer's personnel file

shall be released to the prosecuting attorney or Grand Jury without full compliance with the court

process. The prosecution of a criminal defendant is not considered an investigation of any involved

officer.

Should an officer's credibility or other issues related to an officer's personnel file arise in the context

of an officer acting as a witness for the prosecution, access to that officer's personnel file by either

the prosecuting attorney or the criminal defendant shall be limited to that which is authorized by

the process set forth in court and evidentiary rules.

910.7.3 PROCEDURE

If an officer is a material witness in a criminal case, a person or persons designated by the

Chief may examine the subject officer's personnel file to determine whether there are Brady

materials contained therein (e.g., evidence which is both favorable and material to the guilt and/

or punishment of the defendant). If Brady material is located, the following procedure shall apply:

(a) In the event that a court motion has not already been filed by the criminal defendant

or other party, the prosecuting attorney shall be notified of the potential presence of

Brady material in the officer's personnel file.

(b) The prosecuting attorney should be encouraged to file a court motion in order to initiate

an in-camera review by the court.

officer(s) shall be notified in writing that a court motion has been filed.

(d) The Central Records Manager or authorized designee shall accompany all relevant

personnel files during any in-camera inspection, and address any issues or questions

raised by the court in determining whether any material contained in the file is both

material and favorable to the criminal defendant.

(e) If the court determines that there is relevant Brady material contained in the file(s),

only that material ordered released will be copied and released to the parties filing

the court motion.

1. Prior to the release of any materials pursuant to this process, the Central

Records Manager or designee should forward the request to the City Attorney

to evaluate the need for a protective order from the court limiting the use of

such materials to the involved case and requiring the return of all copies upon

completion of the case.

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Personnel Evaluations

912.1 PURPOSE AND SCOPE

Performance appraisal should be a continuous process done by supervisors for each employee

under their command. Appraisals assist in making the best use of human resources, ensure

that personnel problems are identified and dealt with promptly and appropriately, and help the

employee reach optimum performance and job satisfaction.

Nothing in this order negates the Department's right to immediately take appropriate corrective

action when deficient behavior is observed and/or discipline an employee for poor performance.

Performance - Issues related to the employee’s knowledge, skills and/or abilities. These are issues

that the employee may improve to a satisfactory level of performance given additional training,

time, and/or other resources. Performance Issues may be addressed by an Employee Success

Plan.

Conduct - Issues related to the employee’s behavior, attitude, and/or the manner in which

their duties are accomplished. These are issues covered by policies and standard operating

procedures. The employee should be able to correct these issues immediately with little assistance

from the supervisor. Conduct Issues may be addressed by a Conduct Counseling Memo.

912.2 POLICY

The evaluation system used by the Department is subject to periodic change and may be different

for sworn and non-sworn employees. The system will provide evaluation of performance as it

relates to, and supports, the Department's goals and objectives. The Department utilizes the City’s

Success Strategy Performance Review (SSPR) process for all employees.

(a)

Employees will only use the approved evaluation system.

(b)

The SSPR form must be specific to the employee's assignment during the evaluation

period.

(c)

Evaluations will cover a specified period of time.

912.3 EVALUATION FREQUENCY

(a)

Written performance evaluations will be conducted with the following frequencies:

Sworn Employees

(a)

Officers will be evaluated annually with monthly performance counseling

sessions being conducted by the supervisor unless they are enrolled in

the Field Training Program (FTP).

(b)

Officers enrolled in the Field Training Program (FTP) will be evaluated as

designated by the FTP SOP.

Civilian Employees

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(a)

Probationary employees will be evaluated every three (3) months.

(b)

Non-probationary employees will be evaluated annually, with at least one

documented interim feedback session at six (6) months.

(b)

Employees with documented performance deficiencies may be evaluated more

frequently until the deficiency has been satisfactorily corrected.

912.4 EMPLOYEE ANNUAL SSPR EVALUATION SCHEDULE

Non-probationary employees shall be given performance counseling on a monthly basis by their

supervisor and shall have an annual SSPR conducted according to the schedule below.

(a)

Sworn employee evaluations will be completed as follows:

Officers, corporals, and detectives are evaluated between September 1 and

September 15 by sergeants.

(a)

Completed evaluations will be forwarded to the lieutenant for review by

September 20.

(b)

Lieutenants will review and return the evaluations to their sergeants by

October 5.

(c)

Sergeants will review the evaluations with their employees.

Sergeants are evaluated between September 20 and October 5 by lieutenants.

(a)

Completed evaluations will be forwarded to the commander by October 10.

(b)

Commanders will review and return the evaluations to their lieutenants by

October 20.

(c)

Lieutenants will review the evaluations with their sergeants.

Lieutenants are evaluated between October 10 and October 20 by commanders.

(a)

Completed evaluations will be forwarded to the assistant chief by October

25.

(b)

Assistant chiefs will review and return the evaluations to their commanders

by October 31.

(c)

Commanders will review the evaluations with their lieutenants.

Commanders are evaluated between October 25 and October 31 by assistant

chiefs.

(a)

Completed evaluations will be forwarded to the Chief by November 10.

(b)

The Chief will review and return the evaluations to the assistant chiefs by

November 20.

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(c)

Assistant chiefs will review the evaluations with their commanders.

Executive evaluations will be completed between November 10 and November

30 by the Chief.

(b)

Civilian employee evaluations will be completed by October 31 each year.

912.4.1 RESPONSIBILITIES OF SUPERVISORS OF PROMOTED AND TRANSFERRED

SWORN EMPLOYEES

(a)

Annual SSPR evaluations of employees promoted or transferred from one assignment

to another will be handled by the employee's supervisor within 15 days of the effective

date of the promotion or transfer as follows:

An annual SSPR evaluation of the employee will be completed within 15 days

of the employee's promotion unless the promotion is within 60 days of the last

SSPR. The completed evaluation will be sent to the employee's new supervisor

to accompany the evaluation given in the post-promotional position.

An annual SSPR evaluation of the employee will be completed within 15 days of

the employee's transfer if the effective date of the promotion or transfer occurs

within two months of the next annual SSPR evaluation.

3. If an employee transfers within two months of the next annual SSPR

evaluation, the transferring supervisor will send the employee's monthly

performance counseling notes to the employee's new supervisor to be

incorporated into the employee's SSPR.

(b)

Within 15 days of an employee promoting or transferring, the employee's new

supervisor will review the job description and SSPR with the employee to establish

expectations.

912.4.2 RESPONSIBILITIES OF PROMOTED AND TRANSFERRED SWORN

SUPERVISORS

(a)

When supervisors promote or transfer within two months of the next annual SSPR,

supervisors will complete evaluations on all of the supervisor's previous employees no

later than 15 days after the effective date of their promotion or transfer. The evaluations

will be given to the incoming supervisor.

(b)

Within 15 days of taking over a unit or command, promoted or transferred supervisors

will:

Review current evaluation documents or develop new evaluation documents

related to the unit or command; and

Review those evaluation documents with their new employees to set the

supervisors expectations.

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912.5 EVALUATION PROCESS FOR SWORN EMPLOYEES

The principle objective when rating employees is to determine whether or not they can perform

the required functions of the job. Supervisors/raters should evaluate an employee's knowledge,

skills, and abilities and determine if any training or developmental needs exist.

(a) Employees are responsible for actively participating in the monthly performance

evaluations and annual SSPR process for their professional growth and development.

Employees should come to the evaluation meeting prepared to discuss career goals

and any skills, training, education, or other assistance needed to enhance their career

development and/or their performance.

(b) Supervisors will follow the instructions for completing and submitting employee

evaluations included with the specific evaluation system being used.

1. Supervisors/raters are responsible for providing a written explanation by

giving specific reasons for the rating given based on the monthly field notes

observations.

2. At any time of employment when an employee fails to meet conduct expectations

in a single incident or duty, supervisors may issue the employee a Conduct

Counseling Memo (PD0102).

(a) Employees are expected to make minor errors in the performance of their

jobs. These issues are best addressed informally with the employee by

their supervisor.

(b) The Conduct Counseling Memo will be made in person with the

employee’s supervisor in a private setting.

documented in writing on the document.

(d) The employee and CoC will sign the memo.

3. At any time of employment when unsatisfactory performance is identified in

an employee, supervisors will notify the employee of the deficiency and define

actions that should be taken to improve the performance as soon as practicable.

(a) Notification will be made in person with the employee’s supervisor and

Chain of Command to the level of Lieutenant in a private setting using form

PD0103 Employee Success Plan.

(b) If the employee has any questions or concerns with the Employee Success

Plan, it must be documented in writing on the document.

and annual SSPR's of the supervisors/raters under their command:

1. Fairness and impartiality of ratings.

2. Participation in counseling employees at time of evaluations.

3. Uniform application of ratings.

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4. Ability to perform the role of evaluator.

5. Adherence to established deadlines for conducting evaluations.

6. Ability to communicate to employees the Department's goals and objectives,

business plan.

912.5.1 EVALUATION TRAINING

(a)

Field Training Officers and Field Training Supervisors - Training on the evaluation

process used for officers enrolled in the Field Training Program (FTP) will be provided

through the Field Training Unit.

(b)

Sworn Employee Supervisors - Officers promoting to the rank of sergeant will be

provided instruction on the evaluation process during the first-line supervisor school.

Further training will be provided as needed.

(c)

Civilian Employee Supervisors - The City Organizational Development Department

conducts on-going training for supervisors on the performance evaluation process.

APD-HR will provide training as needed.

912.5.2 MONTHLY EVALUATION REVIEW PROCESS

(a)

All sworn employees will receive monthly performance counseling by their immediate

supervisor.

1. The supervisor will document ongoing employee performance using their field

notes.

(a) The monthly observations will be used to aggregate comments for the

annual SSPR

2. The observations will be discussed with the employee on a monthly basis, with

the exception of the month that the annual SSPR is administered.

(b) Employees will be given the opportunity to make written comments to be included with

the evaluation.

912.5.3 ANNUAL SSPR REVIEW PROCESS

(a) Prior to administering completed annual SSPR’s to employees, evaluations will be

forwarded to the rater's chain of command up to the level of commander for review

and acknowledgment by signature. Commander evaluations will be forwarded to the

Chief of Police or designee with final approval by the Chief of Police.

1. Raters and members of the chain of command that do not agree on the

evaluation should attempt to come to an agreement before the SSPR is given

to the employee. If an agreement cannot be reached the commander or Chief

of Police or designee will determine the final rating or commentary.

2. After chain of command review:

(a) Sworn Employees - The SSPR will be reviewed with the employee.

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(b) Civilian Employees - The SSPR will be forwarded to APD-HR. APD- HR

will analyze the evaluations for compliance with city-wide guidelines. After

analysis the evaluations will be returned to the supervisor for review with

the employee.

3. Supervisors will review completed SSPR evaluations with their individual

employees in a private setting and provide feedback regarding the employee's

performance during the evaluation period.

(a) Employees will be given the opportunity to make written comments to the

completed SSPR to be included with the evaluation when it is submitted.

(b) Employees will sign their completed SSPR to indicate they have read and

understand the evaluation. If the employee refuses to sign, supervisors

will have another supervisor witness the employee's refusal and both the

rater and the witness will initial the form.

needed for continued improvement in their current position, advancement,

specialization, and/ or promotion.

(d) New evaluation criteria for the next rating period will be established and

discussed with the employee, including goals for the specified time period

and the level of performance expected in each area. The employee will be

given a written copy of this information.

(e) Completed and signed evaluations, along with any written comments

attached, will be given to each employee once the evaluation review

session is completed.

912.5.4 RESPONSES TO EVALUATION RATINGS

(a) Employees who disagree with the monthly performance counseling observations or

annual SSPR provided by their supervisor should first speak with the supervisor about

the specific reason(s) for the evaluation and provide any information about why they

believe this rating is inaccurate.

912.6 EVALUATION RETENTION

(a)

Annual SSPR evaluations shall be a permanent part of the employee's personnel file.

(b)

Pursuant to Local Government Code, Section 143.089, the annual SSPR's on officers

shall be forwarded to the Civil Service office for retention in the officer's Civil Service

Personnel File. Retention in this file will be governed by rules in accordance with law

and as adopted by the Civil Service Commission.

912.7 EMPLOYEE PERFORMANCE AND CONDUCT REMEDIATION

(a) At any time of employment when unsatisfactory performance or conduct is identified in

an employee, supervisors will notify the employee of the deficiency and define actions

that should be taken to improve the performance or conduct as soon as practicable.

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1. Employees are expected to make minor errors in the performance of their

jobs. These issues are best addressed informally with the employee by their

supervisor.

2. When a pattern of unsatisfactory performance is established or when

the performance in an individual situation is viewed as substantial

enough, notification will be made in person with the employee's supervisor and

Chain of Command to the level of Commander in a private setting using form

PD0103 Employee Success Plan.

3. If the employee has any questions or concerns with the Employee Success

Plan, it must be documented in writing on the document.

4. The employee and CoC will sign the Employee Success Plan.

(b) At any time of employment when an employee has established a pattern of failing

to meet conduct expectations or has failed to meet conduct expectations in a single

incident or duty that is deemed significant, supervisors may issue the employee

a Conduct Counseling Memo (PD0102).

1. The Conduct Counseling Memo will be made in person with the employee's

supervisor in a private setting.

2. If the employee has any questions or concerns with the memo it must be

documented in writing on the document.

3. The employee and CoC will sign the memo.

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Equal Employment Opportunity and Non-

Discrimination

914.1 PURPOSE AND SCOPE

The purpose of this order is to prevent Department employees from being subjected to

discrimination, harassment, sexual harassment, or retaliation.

914.2 POLICY

The Austin Police Department is committed to providing a work environment that is free

of discrimination, harassment, sexual harassment, and retaliation and that ensures equal

employment opportunities for all employees. Discrimination, harassment, sexual harassment, and

retaliation based on a protected class, in any form, as defined in federal, state, or local law, will not

be tolerated. Protected classes include race, color, religion, creed, sex, gender, pregnancy status,

genetic information, sexual orientation, gender identity, national origin, ethnicity, age, disability,

and veteran status or other legally protected class.

Every employee is responsible for maintaining a professional environment free of discrimination,

harassment, sexual harassment, and retaliation, and for bringing to the City’s attention conduct

that interferes with providing a work environment free of discrimination, harassment, sexual

harassment, and retaliation.

Findings of discrimination, harassment, sexual harassment, or retaliation against an employee

may result in discipline up to and including discharge or indefinite suspension.

914.3 PROHIBITED CONDUCT

914.3.1 DISCRIMINATION

Discrimination is the unequal or different treatment of an individual in any employment and/or

personnel action based on a protected class, as per section 914.2. The Department will recruit,

hire, train, compensate, discipline, provide benefits, and promote without regard to a protected

class. The Department will employ positive business and personnel practices designed to ensure

equal employment opportunity.

(a) The Department will ensure:

1. equal employment opportunities to all employees and candidates; and

2. that employees covered by these policies are selected and promoted based on

merit and fitness and without discrimination, and in accord with the requirements

of state civil service laws and any applicable labor contract.

(b) The Department will not discriminate in employment decisions and/or personnel

actions on the basis of an individual's AIDS, AIDS Related Complex, or HIV status;

nor will the Department discriminate against individuals who are perceived to be at

risk of HIV infection, or who associate with individuals who are believed to be at risk.

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applicants with a disability as defined by the Americans with Disabilities Act

Amendments Act (ADAAA), provided that the individual is otherwise qualified to

perform the essential functions of the job and such accommodations can be provided

without undue hardship for the Department and City of Austin.

914.3.2 HARASSMENT

(a) Harassment is unwelcome verbal or physical conduct toward an individual or a group

because of a protected class. Harassment can create a hostile work environment

when such conduct has the purpose or effect of unreasonably interfering with

an individual's work performance or otherwise adversely affects an individual's

employment opportunities. Examples of prohibited conduct that constitute harassment

include, but are not limited to:

1. Use of epithets, innuendos, names, comments, foul language or slurs because

of an individual’s protected class;

2. Jokes, pranks or other banter, including stereotyping based on a protected class;

or,

3. Distribution, display, viewing, downloading or discussion of any written or

graphic material, including online content, voicemail, e-mail, text-messages,

calendars, posters and cartoons, that are sexually suggestive or show hostility

toward an individual or group based on a protected class.

(b) Employees shall not engage in conduct which could reasonably create a hostile work

environment at any time while on duty or on City premises, or even if not on duty, but

participating in any work-related setting outside the workplace, such as traveling on

City business or attending professional conferences.

914.3.3 SEXUAL HARASSMENT

(a) Sexual harassment is any unwelcome sex or gender-based comments and/or conduct

that occurs when:

1. Submission to such conduct is made either openly or by implication a term or

condition of an individual's employment;

2. Submission to or rejection of such conduct by an individual is used as a basis

for employment decisions affecting that person; or

3. Such conduct unreasonably interferes with the individual's work performance or

creates an intimidating, hostile, or offensive working environment.

(b) Sex or gender-based and/or sexually oriented jokes, remarks, gestures, or pictures

may be offensive to other employees and will not be tolerated.

914.3.4 RETALIATION

The Department is committed to maintaining a work environment that is free of retaliation and

where an employee is free to raise a question or concern involving the terms and conditions of

any employee’s employment.

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(a) Retaliation is defined as an action or inaction that adversely affects the terms and

conditions of employment, and is taken in response to an employee’s good faith

complaint, participation in an investigation, proceeding or hearing, or an employee’s

exercise of rights or benefits authorized under this order. Unacceptable conduct that

would likely deter an individual from reporting or supporting a claim may constitute

retaliation. Retaliation can occur even if the underlying complaint is not substantiated.

An adverse employment action includes, but is not limited to, discharge, indefinite

suspension, demotion, and denial of promotional opportunity.

(b) The Department prohibits retaliation against an employee who, in good faith, reports

discrimination, harassment, sexual harassment, or retaliation; files a complaint

regarding a law, policy, practice, or procedure; testifies, assists or participates in

an investigation, proceeding, or hearing; or exercises rights or avails themselves

of any benefit authorized under the personnel policies, (such as filing a worker’s

compensation claim, requesting Family and Medical Leave (FMLA), or requesting

military leave).

testifying or participating in an investigation, proceeding, or lawsuit, or for opposing

discriminatory employment practices is retaliation under this order.

914.4 BONA FIDE QUALIFICATIONS AND WORK-RELATED COMMUNICATIONS

Discrimination, harassment, sexual harassment, and retaliation does not include actions that are

in accordance with established rules, principles or standards, including the following:

(a) Acts or omission of acts based solely upon bona fide occupational qualifications under

the Equal Employment Opportunity Commission.

(b) Bona fide requests or demands by a supervisor that an employee improve their work

quality or output, that the employee report to the job site on time, that the employee

comply with City or Department rules or regulations, or any other appropriate work-

related communication between supervisor and employee.

914.5 RESPONSIBILITIES

914.5.1 EMPLOYEE'S RESPONSIBILITY

(a) Employees are expected and encouraged to promptly raise questions and concerns

regarding alleged violations of City or Department policy or local, state or federal law.

Any employee who believes that they, or another employee, have been subjected to

discrimination or harassment based on a protected class, or retaliation based on a

protected activity, shall report the matter to any of the following:

1. Any supervisor, manager, Chief, or other member of the Department executive

staff,

2. APD Human Resources representative,

3. Integrity Unit in the Office of the City Auditor,

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4. COA Human Resources Director,

5. COA Employee Relations Division,

6. APD Internal Affairs, or

7. Office of Police Oversight for complaints against a sworn employee.

(b) An employee is not required to follow the “chain of command” when reporting

harassment, discrimination, sexual harassment, or retaliation.

(d) Employees will not be discriminated against, harassed, or retaliated against as a

result of making a good faith report of any City or Department policy violation, or for

participation in the investigation of a complaint.

(e) If a civilian employee is aware of a work-related threat of imminent physical harm

to themselves, another employee, or member of the public, the employee should

attempt to remove themselves from the situation and immediately notify appropriate

emergency personnel by calling “911”. The employee should report this emergency

call to their supervisor or management immediately.

(f) If a sworn employee is aware of a threat of imminent physical harm to themselves,

another employee, or member of the public, the employee should respond according

to General Order 401 (Preliminary Field Investigations).

914.5.2 SUPERVISOR/MANAGER RESPONSIBILITIES

(a) The first supervisor and/or manager who has observed or been notified of

circumstances surrounding an allegation of discrimination, harassment, sexual

harassment, or retaliation shall, without undue delay, notify APD Human Resources

at [email protected] and their chain of command as well

as the chain of command of the employees reportedly involved in the incident, unless

members of the chain of command were identified in the incident.

(b) Failure by a supervisor or manager to notify APD Human Resources may result in

discipline up to and including discharge or indefinite suspension.

914.5.3 CHAIN-OF-COMMAND RESPONSIBILITIES

(a) The chain of command receiving allegations against a sworn employee of

discrimination, harassment, sexual harassment, or retaliation shall notify APD Internal

Affairs.

(b) Continually monitor the work environment and strive to ensure it is free from all types

of discrimination, harassment, sexual harassment, and retaliation.

the incidence of any form of discrimination, harassment, or retaliation.

(d) Ensure subordinates attend any required training on discrimination and harassment.

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(e) Ensure that employees who make complaints or who oppose any unlawful

employment practices are protected from retaliation and that such matters are kept

confidential to the extent possible.

914.5.4 APD HUMAN RESOURCES RESPONSIBILITIES

APD Human Resources shall notify the COA Human Resources Director and/or the Human

Resources Department Employee Relations Division for all complaints of discrimination,

harassment, sexual harassment, or retaliation.

914.6 SUPERVISOR'S ROLE

Discrimination, harassment, sexual harassment, or retaliation is viewed from the perspective

of the victim, not the offender. Because of differences in individual values, supervisors and

managers may find it difficult to recognize that their behavior or the behavior of others is

discriminatory,harassing, or retaliatory. Supervisors should consider whether a reasonable person

in the victims place would consider the conduct to be inappropriate.

Supervisors and managers shall be aware of the following considerations:

(a) Behavior of supervisors and managers should represent the values of the Department

and professional law enforcement standards.

(b) Supervisors and managers must act responsibly in the handling of such situations.

914.7 INVESTIGATION OF COMPLAINTS

(a) The Chief of Police has the authority to order an investigation alleging discrimination,

harassment, sexual harassment, or retaliation regardless of whether the conduct

involves sworn or non- sworn employees.

(b) All complaints of discrimination, harassment, and retaliation where a sworn employee

is the subject will be investigated according to General Order 902 (Administrative

Investigations). APD Human Resources will consult and collaborate as needed to

enforce City and Departmental Policy.

subject will be investigated according to City Personnel Policy.

(d) All complaints of sexual harassment for both sworn and civilian will be investigated by

COA Human Resources and/or according to City Personnel Policy.

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Drug and Alcohol Free Workplace

916.1 PURPOSE AND SCOPE

The Department believes employees have a right to work in a drug and alcohol free environment.

Persons under the influence of drugs or alcohol on the job may pose serious safety, health and

security risks to the public and to other Department employees. This order provides directives

concerning the use or presence of drugs and alcohol in the workplace, the use or possession of

drugs while off-duty, and provides procedures for substance abuse testing.

916.1.1 APPLICABILITY

Each applicant and hired employee must agree, as a condition of employment or continued

employment, to abide by the terms of this order.

(a) All potential police cadets must submit to a pre-employment drug test.

(b) All sworn employees must submit to:

1. Random drug testing; and

2. Drug and/or alcohol testing if there is a reasonable suspicion the employee has

violated this order or after the occurrence of a critical incident (as defined in the

Meet and Confer Agreement).

916.1.2 DEFINITIONS

The following definitions apply to this order.

Alcoholic Beverage - Alcohol, or any beverage containing more than one-half of one percent of

alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted

(Tex. Alcoh. Bev. Code § 1.04).

Drug - Includes the following:

(a) Illegal drugs.

(b) Prescription drugs not prescribed to the employee by a physician.

(d) Marijuana (Regardless of legality in location used, consumed, or possessed).

(e) Any product that contains THC (Regardless of legality in location used, consumed,

or possessed).

Drug Test - A urine, breath, hair, fingernail, toenail, or blood test for the presence of prohibited

drugs or alcohol, conducted at a facility designated by APD management.

Work Day - Includes any time the employee is receiving compensation from the city (e.g., normal

work shift, breaks, lunch hour, overtime).

916.2 GENERAL GUIDELINES

(a) This order specifically prohibits employees from:

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General Orders

Drug and Alcohol Free Workplace

Published with permission by Austin Police Department

Drug and Alcohol Free Workplace - 645

1. Reporting to work under the influence of any drug or alcoholic beverage.

2. Reporting to work under the influence of any prescription or over-the-counter

drug that would adversely affect their senses or judgment.

3. Reporting to work or driving a City vehicle within four (4) hours after having

consumed an alcoholic beverage.

4. Consuming alcoholic beverages or drugs while the employee is on-call.

5. Using, possessing, selling, purchasing, distributing, or being under the influence

of any prohibited drug while off-duty.

6. Testing positive for a drug.

7. Using, possessing, selling, purchasing, distributing, or being under the influence

of any drug while on-duty unless authorized by the employees' supervisor and

part of an employee's official duty.

8. Consuming or possessing alcoholic beverages while on any Department facility

or while wearing any part of the APD uniform unless authorized by a supervisor

for a legitimate law enforcement purpose.

(b) This order does not prohibit the consumption of alcohol or other drug as necessary in

the performance of an employee's duties and as approved by a supervisor. Personnel

who consume alcohol as part of their duties shall not do so to the extent of impairing

on-duty performance.

916.2.1 RESPONSIBILITY FOR REPORTING LEGAL DRUG USE

Department employees who use prescription or over-the-counter medication during work hours

shall not allow such medication to impair their ability to perform their work.

(a) Employees who take any medication with side-effects which might impair their ability

to fully and safely perform all requirements of their position shall report the need for

such medication to their immediate supervisor.

(b) Supervisors will consult with the next level in the chain-of-command and make a

determination whether to limit, suspend, or modify the employee's work activity, or

otherwise reasonably accommodate such adverse effect.

safely and effectively perform the essential functions of their position.

(d) Employees shall not be permitted to work on or drive a Department-owned or leased

vehicle while taking medication that could impair their ability without a written release

from their physician.

(e) Any information about an employee's medical condition obtained by a supervisor

or manager is confidential, and will be shared only on a need to know basis. Any

documentation of such medical information must be kept in the employee's confidential

file by the Drug Testing Coordinator.

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916.2.2 RESPONSIBILITY FOR REPORTING PASSIVE DRUG EXPOSURE

Employees subjected to the passive inhalation or exposure of a drug (e.g., marijuana) must

immediately notify an on-duty supervisor.

(a) The supervisor should document in a memorandum:

1. The substance the individual was exposed to; and

2. The period of exposure; and

3. A brief statement explaining the circumstances surrounding the exposure.

(b) The memorandum will be forwarded to the Drug Testing Coordinator who will maintain

this documentation for use if needed in the drug testing program.

916.2.3 CONSEQUENCES OF VIOLATIONS

APD has a zero tolerance standard for any violation of this order. Employees shall be subject to

disciplinary action up to and including indefinite suspension or termination.

916.3 PRE-EMPLOYMENT DRUG TESTING OF POLICE CADETS

Police cadet applicants ("applicant") shall submit to pre-employment drug testing after a

conditional offer of employment has been extended. The following procedures will be followed for

pre-employment drug testing:

(a) Applicants shall provide a drug test sample to the designated vendor.

(b) Test results shall be forwarded from the analyzing laboratory to the APD Wellness

Office.

in writing, of the test results.

(d) Applicants are not eligible for hire if they:

1. Refuse to sign the consent form.

2. Refuse to be tested.

3. Do not provide an adequate specimen.

4. Fail the drug test.

916.4 RANDOM TESTING OF SWORN EMPLOYEES

All officers are subject to unannounced and random drug testing at any time. Random tests will

occur at unpredictable times and create the possibility any name(s) may be selected one or more

times in a year, or not at all.

916.4.1 RANDOM TESTING SELECTION

The City will contract with a qualified and independent firm to operate and certify a non-

discriminatory, computerized program, to generate an automated random list of officers to be

tested, upon request by the Drug Testing Coordinator (DTC).

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(a) The random list will be delivered to the DTC or designee by FAX, email, or hand

delivered letter.

(b) Acting under the authority of the Chief, the DTC will issue a written directive to each

officer on the list ordering them to submit to drug testing at the specified date, time,

and location.

approved by the Chief.

916.4.2 SWORN EMPLOYEE NOTIFICATION AND REPORTING FOR RANDOM TESTING

The DTC shall coordinate with the testing vendor concerning the date, time, location, and number

of officers to be drug tested. The collection dates will not be announced to the affected employee

in advance.

(a) The DTC shall provide the respective commanders or a Special Point of Contact

(SPOC) with a list of names of those officers selected for testing. The Notification to

Report Form (PD0101) will be utilized.

(b) The commander or SPOC shall ensure selected officers are ordered both orally, and

in writing using the Notification to Report Form, to report for testing at the specified

time and location. Officers shall consider this directive to be an order from the Chief.

1. The use of the Notification to Report Form serves as a direct order by authority

of the Chief to provide the necessary sample at the specified location.

2. This notice also instructs the selected personnel to report to the specified

collection location within one hour of being served with the notice.

scheduled workday.

1. Supervisors shall make every effort to ensure the officer reports to the testing

facility immediately upon notification.

2. Officers with a legitimate conflict (e.g., court or training) shall immediately inform

their supervisors of the conflict and shall report for testing as soon as practicable.

(d) Supervisors shall complete the Documented Absence Form (PD0102) and forward it

to the DTC when an officer is on approved leave (e.g., vacation, sick). The form will

be routed through the officer's chain-of-command to the DTC.

1. Officers missing a scheduled test due to an approved reason may be

rescheduled for testing as soon as possible, irrespective of any random sampling

selection.

2. Officers missing a scheduled test due to an unapproved reason or who are

unable or fail to provide an adequate specimen shall be placed on administrative

leave pending review.

(e) Officers who become involved in an emergency situation or police action while enroute

to the testing facility shall notify an on-duty supervisor as soon as practical and request

a second officer be dispatched to take over any necessary police functions. When

relieved, the officer scheduled for testing shall continue to the testing facility.

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916.4.3 ADDITIONAL DRUG SCREENING DUE TO ASSIGNMENT

(a) The Department has a compelling interest in ensuring that officers assigned to

specified organizational levels do not use prohibited drugs or inhalants, abuse

controlled substances, or abuse prescription or over-the-counter medications,

due to the sensitive nature of their assignments. In these assignments, the

strictest precautionary safeguards are necessary to provide for a drug-free working

environment, and to ensure that there are no drug abusers or controlled substance

abusers who jeopardize the safety of fellow officers and citizens. All sworn members

who apply for or are assigned to the following divisions/bureaus will be subject to

additional drug testing:

1. Organized Crime Division

2. Special Operations Division

3. Professional Standards Division

4. Any other assignment (s) that the Chief of Police or designee determines by

SOP should be subject to additional random drug testing.

(b) Sworn members assigned to these units may be randomly tested up to a maximum of

three times per calendar year. This additional testing is separate and distinct from the

random testing that every sworn member of the Department is subject to pursuant to

this order and the Meet and Confer Contract.

916.5 REASONABLE SUSPICION TESTING FOR SWORN EMPLOYEES

(a) The Chief, an assistant chief, the Duty Commander, the DTC, and authorized

designees have the authority to order officers to submit to a drug test.

(b) The Department may require drug testing of officers when a determination of

reasonable suspicion is agreed upon by any two (2) supervisors.

observations will be documented in a memorandum addressed to the Chief.

916.5.1 CONDITIONS FOR REASONABLE SUSPICION TESTING

Reasonable suspicion must be based on facts or circumstances that lead a supervisor to believe

the employee may:

(a) Be under the influence of drugs or alcohol.

(b) Currently have or had possession of drugs either on- or off-duty, or on or off City

premises.

the influence of drugs, or who were in possession of same. Such association or

involvement was not authorized or required in connection with any law enforcement

duty, under circumstances which reasonably indicate participation or complicity with,

or protection of such other individuals.

(d) Have engaged in any conduct or situation involving alcohol, while on- or off-duty, which

results in on-duty impairment.

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916.5.2 PROCEDURES FOR REASONABLE SUSPICION TESTING

(a) Supervisors who reasonably suspect an employee to be under the influence of a drug

or alcohol will:

1. Immediately remove the employee from performing regular duties, and, when

possible, bring the employee to a private area away from the observation of

coworkers and/or the public.

2. Notify the employee's commander, or if after normal office hours the Duty

Commander.

3. Immediately request another supervisor to witness and record their observations

of the employee in a memorandum to the Chief.

4. Place the employee on restricted duty. Arrangements will be made for the

employee to be taken home unless a decision is made to immediately conduct

a drug test.

(a) The Chief, an assistant chief, or Duty Commander may order the employee

to take an immediate drug test. If testing is ordered:

1. Supervisors will be notified and coordinate with Processional

Standards to schedule the test.

2. Supervisors will notify the affected employee of the test and

accompany the employee to the testing site and remain at the site

until the testing is complete.

(b) If there is probable cause to believe a crime has been committed, appropriate arrest

procedures will be followed.

916.6 CRITICAL INCIDENT DRUG TESTING OF SWORN EMPLOYEES

(a) The Department shall require a drug test of any sworn employee within 24 hours after

the following critical incidents:

1. Discharge of a firearm, on or off-duty, whereby a person was the intentional or

accidental object of the shooting, including when no injury is caused;

2. A vehicular crash while driving an APD vehicle resulting in the death or serious

injury of any person.

3. An event in which an officer, on or off-duty, while performing a law enforcement

function causes the death or serious injury of another person.

(b) The Chief or designee may require a drug test of any sworn employee within 24 hours

after an event in which an officer, on or off-duty, while performing a law enforcement

function suffers serious bodily injury and is hospitalized.

916.7 SAMPLE COLLECTION AND RESULTS REPORTING PROCEDURES

Collection of the necessary samples and analysis will be conducted by a contracted firm/laboratory

certified by the National Institute of Drug Abuse (NIDA). Scientifically accepted screening and

confirmation tests will be employed in the analysis of the collected samples. After arriving at

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the specified collection location, officers will comply with instructions received from screening

personnel. Screening will only be done for prohibited drugs and/or alcohol.

(a) When a drug test is required of employees, it will be collected by a vendor contracted

with by the City or a person selected by the Chief or DTC who is qualified to administer

such a test. Any employee involved in the collection of samples shall be trained in

collection and chain of custody protocols.

1. Drug test samples from police cadet applicants will be collected by the

contracted vendor. The vendor will deliver the samples to the laboratory for

testing.

(b) Collection dates for random testing will not be announced in advance.

will be:

1. Cut as close to the scalp as possible.

2. Taken from the same body area, preferably the head or face, or if necessary the

body. Samples will not be taken from the pubic area.

3. If an employee does not have sufficient head, face, or body hair, then a nail

sample from the fingers or toes will be taken for analysis.

(d) Sample collections for all tests administered by the contracting vendor will be taken in

accordance with the procedures established by the vendor. Officers will be required to

present a valid driver's license and APD identification card at the collection location.

(e) Officers summoned to provide a specimen for analysis will remain at the collection

location in view of collection personnel until an adequate sample can be produced.

The samples will be provided in feasible privacy.

(f) Drug test results acquired by the DTC as a result of employment are the property of

APD and copies will not be made available to employees; however, both positive and

negative results will be communicated to the officer who submitted the sample.

916.7.1 POSITIVE TEST RESULTS

(a) If the initial screening indicates a positive test result, a second test of this specimen

will be performed.

1. A confirmed positive report will only be made after this second test also comes

back positive.

2. A confirmed positive test report will be maintained by the DTC in a secure area.

(b) Once the DTC has received the initial notification from the drug-testing vendor that

an officer has a positive test result, the DTC will notify a supervisor in the officer's

immediate chain-of-command.

1. Employees shall be placed on Restricted Duty pending final review and

disposition which will be made, if possible, within thirty (30) calendar days of the

date the positive test result was reported to the DTC.

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2. Within eight (8) hours after receiving notification from their chain-of-command

of an initial positive test result, officers will have the opportunity, at their own

expense, to provide a urine sample to their private physician.

3. In order to ensure the integrity of the sample and the testing process, personnel

from the drug-testing vendor will accompany the officer to the physician's office.

The sample must be submitted by the physician for analysis to a firm/laboratory

certified by the NIDA.

4. Officers must provide the DTC with a copy of the independent test results, as

well as a signed release authorizing the independent firm/laboratory to provide

the DTC with a copy of all documents related to the drug test.

5. Verified, confirmed, positive test results in random drug testing are for

administrative purposes only and will not be used against officers in any criminal

proceeding.

sample will be submitted to the designated testing facility where a sample will be

maintained for a period of one (1) year.

916.8 STORAGE OF TESTING RECORDS

Drug test documentation, other than disciplinary reports, shall be maintained in a secured cabinet

in the office of the DTC. A separate, confidential file will be maintained for each employee who

submits to drug testing.

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Drug and Alcohol Abuse and Treatment - 652

Drug and Alcohol Abuse and Treatment

917.1 PURPOSE AND SCOPE

The Austin Police Department encourages any employee who has an alcohol or other drug

problem to seek treatment before the problem manifests itself into a violation of Department

General Orders.

917.2 ALCOHOL USE AND ABUSE

The Department recognizes alcoholism as an illness which can be effectively treated. Early

recognition of alcohol abuse and problem drinking increases the chances for successful recovery

before serious personal or professional problems occur.

(a) Drinking alcohol by adults is a widely practiced social activity which does not violate

any law and is often considered a natural part of participating in group recreational

activities. As a result, there is more social pressure to drink than to be disciplined in

drinking.

(b) Because of its short-term numbing effects, alcohol is also used to relax and to manage

mental stress and emotional pain. As a result, people can develop a dependence on

alcohol to relax or to avoid the discomfort of stressful living.

917.2.1 IDENTIFICATION OF PROBLEM DRINKING

When employees' drinking interferes with their work responsibilities and/or personal life, they

should be encouraged to seek professional assistance. This would be to assess the nature of the

drinking habit and to begin practicing the discipline of moderate drinking or abstention.

(a) Some of the early signs of problem drinking include, but are not limited to:

1. Poor attendance at work.

2. Off-duty disturbances involving alcohol.

3. Increased social drinking.

4. Drinking alone or in isolation.

5. Friends or family suggesting to reduce drinking.

6. Looking forward to drinking at certain times or the day or week.

7. A reliance on alcohol to relax or socialize more comfortably.

8. Knowingly make excuses for excessive drinking.

9. Arranging your weekly schedule around partying or drinking so as to have plenty

of time to sleep it off or get over the hangover.

917.3 PERSONNEL RESPONSIBILITIES

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917.3.1 AFFECTED EMPLOYEE RESPONSIBILITIES

(a) Employees should recognize a problem with alcohol may exist when their personal

attendance, job performance, off-duty behavior, or general conduct falls below normal

professional standards.

(b) Employees are expected to perform their job in a consistently professional manner

regardless of their status with respect to alcohol issues (e.g., identification of a drinking

problem, treatment program, recovery process).

917.3.2 SUPERVISOR RESPONSIBILITIES

(a) Supervisors are expected to be alert to signs that an employee may have a

drinking problem. The supervisor will review the problem behavior with the employee,

encourage the employee to seek voluntary assistance, and make a mandatory referral

for professional assessment when appropriate.

(b) Scheduling arrangements should be made for the employee to utilize accrued sick

leave or personal leave to obtain assistance.

917.4 VOLUNTARY ASSISTANCE AND TREATMENT

(a) All professional counselors, both within the Department and in private practice, are

ethically required to keep confidential the names of people who are receiving voluntary

treatment.

(b) All inquiries about assistance by an employee or family member shall be kept

confidential.

1. The City-HR maintains information regarding the Employee Assistance Program

and other appropriate resources and programs.

2. Employees who suspect they have an alcohol or legal drug problem can obtain

assistance from:

(a) APD employees who are:

1. Trained Peer Support employees.

2. Chaplains.

3. Recovering alcoholics.

(b) APD Psychological Services staff members.

(d) Private treatment programs.

submitting to a drug test or being requested to submit to a drug test may be considered

by the Chief as a mitigating factor should the facts warrant the matter being handled

as a disciplinary issue.

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917.5 REFERRAL FOR ASSESSMENT AND TREATMENT

(a) Employees who are identified by supervisors because of disciplinary problems or off-

duty incidents shall:

1. Be referred to the Department Psychological Services Unit which will coordinate

the assessment, treatment and follow-up program with an outside professional

treatment center; and

2. Will not have confidentiality because of the Department's responsibility to follow-

up on problem behavior.

(b) Upon completion of the recommended treatment program, the affected employee shall

obtain a letter from the treatment staff confirming that the employee has completed the

recommended treatment. That letter will be forwarded through Psychological Services

to the employees' chain-of-command.

917.6 TREATMENT FOLLOW-UP

(a) To prevent relapses into problem drinking, it is often useful to establish new support

networks such as joining an Alcoholics Anonymous group, obtaining a sponsor, or

meeting regularly with other recovering problem drinkers. In some cases, the treatment

center staff will recommend random urine testing to reinforce the habit of not drinking.

(b) The Department will expect employees with drinking problems to complete whatever

treatment follow-up is recommended by the outside treatment center staff.

completion of any follow-up program will be documented by the treatment center staff

and sent to the employee's supervisor.

917.7 VOLUNTARY REHABILITATION PROGRAM

These guidelines apply only to one requested leave of absence. Any request for additional leave

of absence under the Voluntary Rehabilitation Program will be handled on a case-by-case basis

and granted only at the sole discretion of the Chief or designee, and as required by law. The return

to work agreement should be prepared by the affected employee's immediate supervisor, and a

copy of this agreement should be sent to the DTC.

(a) An employee who is being treated for a legal drug or alcohol problem may be placed

on unpaid medical leave of absence; however, some or all of the leave of absence

may be substituted with paid leave accrued by the employee.

(b) While on such leave the employee will be subject to all APD policies and procedures

governing such leaves of absence.

Leave Act (FMLA), and in the case of any conflict, the provisions of the FMLA prevail.

917.7.1 PROGRAM AGREEMENT

Employees who seek to participate in the Voluntary Rehabilitation Program must agree to the

following:

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(a) Actively participate in an appropriate drug or alcohol treatment program of a licensed,

accredited treatment facility, and follow all rules, guidelines, and recommendations of

that program or facility, including but not limited to after-care recommendations; and

(b) Complete the treatment program, not reject any treatment or recommendations of the

program or facility, and not leave or discontinue the treatment program before being

properly discharged; and

for a period of not less than one (1) year to be administered by the contract vendor.

The failure of a subsequent drug test shall result in immediate termination or indefinite

suspension of the employee; and

(d) Sign all necessary authorizations and consents to allow the treatment facility to furnish

copies of the employee's treatment records to APD's physician so that APD can

monitor the employee's treatment program.

917.7.2 RETURN TO WORK

An employee who seeks to return to active employment while undergoing treatment or after

completing treatment must sign and fully comply with a written "Return to Work Agreement"

containing at least the following provisions:

(a) The employee must submit to a drug test and obtain a negative test result before

returning to work; and

(b) APD's physician must determine that the employee is capable of returning to full duty

status; and

(d) The employee must agree to unscheduled, periodic drug tests for a period of not less

than one (1) year. The failure of a subsequent drug test shall result in immediate

termination or indefinite suspension of the employee.

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Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 656

Promotion, Transfer, and Vacancy Guidelines for

Sworn Employees

918.1 PURPOSE AND SCOPE

The purpose of this order is to set guidelines for promotions, transfers, and the posting and filling

of vacancies for all sworn employees up to and including the rank of lieutenant. The intent of

allocating personnel to a specific assignment is to establish optimum effectiveness within the

Department while considering the needs, abilities, and preferences of the individual employees.

Although not mutually exclusive, at times both objectives may not be simultaneously achievable.

Occasions will arise when deviations from standard operating procedures will be required in order

to meet the needs of the Department.

918.1.1 AUTHORITY

The Chief has ultimate authority over all personnel allocation decisions and reserves the right

to bypass provisions of this order if it is in the best interest of the Department. The Chief may

delegate the authority for personnel allocation issues to a designee.

All personnel allocation adjustments shall be in accordance with the procedures outlined in this

order.

918.1.2 OBJECTIVES

The Department will seek to attain the following objectives in personnel distribution:

(a) Openness, fairness, and objectivity in selecting candidates for posted vacancies.

(b) Increased and impartial transfer opportunities for officers of all ranks.

918.1.3 MAINTENANCE OF RECORDS

The Staff Lieutenant will issue, process, and maintain records of all transfer directives, promotional

checklists, and Sworn Application Forms. Maintenance of all personnel allocation records will

comply with the records retention schedule.

918.2 DEFINITIONS

Promotion- A promotion is the act of moving a candidate from a Civil Service eligibility list into

the rank for which they tested; after being approved by the Chief or designee. Promotion eligibility

and testing procedures shall comply with Article 13 of the Meet and Confer Agreement.

Transfer- The act or process of moving a person and/or position from one location to another

in accordance with established guidelines; after being approved by the affected Division

Commanders.

Mutually- Agreed Swaps- The exchange of one officer for another of the same rank, between

two units, that is agreed to by both of the affected Division Commanders.

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Vacancy- An unoccupied existing or newly created position in the Department.

Anticipated Vacancy- A vacancy which is anticipated within thirty (30) calendar days.

Eligibility List- A ranked list of qualified applicants established, as the result of a selection

process, by a unit or shift, to fill vacancies as they occur; may be maintained for a period not to

exceed six (6) months.

Hardship - A situation that an employee experiences because of a specific work assignment or

a significant personal lifestyle change which causes unusual stress, an uncomfortable working

relationship, or causes an employee to be mentally distracted from optimal performance of duty

or attention to duty.

28-Day Notice – Except for normal shift rotations, for assignment changes that are determined

far enough in advance, the Department will provide a twenty-eight (28) calendar-day notice to

the affected Officer. Advance notice of the assignment change is not required if prior notice is

not in the best interest of the Department or in any emergency situations. Advance notice of the

assignment change may be waived by the Officer.

918.3 GENERAL GUIDELINES

918.3.1 EXEMPT RANKS

Exempt ranks (assistant chief, commander, and lieutenant) are subject to transfer by the Chief

at any time.

(a) Assistant Chief and Commander assignments will be at the discretion of the Chief.

(b) Lieutenants will be assigned in accordance with this order unless otherwise assigned

by the Chief or designee.

918.3.2 NON-EXEMPT RANKS

(a) Sergeant, corporal, detective, and officer assignments will be governed by this order.

(b) Probationary police officers and officers assigned to the Field Training Program will

be assigned to a patrol shift. Probationary Police Officers should not be assigned to

the Downtown Area Command.

918.3.3 APPOINTMENTS BY THE CHIEF OF POLICE

The Chief may appoint employees to the following assignments:

(a) Professional Standards

(b) Special Investigations Unit

(d) Executive Protection Unit

(e) Public Information Office

(f) Lieutenant assigned to the Chief's office

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General Orders

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Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 658

918.3.4 NEWLY PROMOTED EMPLOYEES

A newly promoted employee, other than commander, will not promote and be assigned within

their current unit.

(a) A newly promoted employee awaiting an assignment should be placed within their

current command with a person of equal rank in order to begin learning the

responsibilities of the rank.

918.3.5 STABILIZATION PERIOD

(a) Sergeants and Lieutenants who transferred into or who were placed in a new

assignment will serve a minimum of one (1) year in that assignment.

(b) Employees at the rank of Officer, Corporal, and Detective who transferred into or who

were placed in a new assignment, will serve a minimum or six (6) months in that

assignment.

serve a minimum of one (1) year in that assignment.

(d) A longer stabilization period may be required for certain units that require specialized

training. Stabilization periods for those units shall be listed in the position posting and

approved by the respective Assistant Chief.

918.3.6 MAJOR STAFFING ADJUSTMENTS

When a major staffing adjustment is necessary as a result of shift imbalances caused by

promotions, transfers, cadet class graduations or reorganizations, all affected commanders or

designees will coordinate with the Staff Lieutenant to facilitate the adjustment.

918.4 PROMOTIONS

918.4.1 EFFECTIVE DATE

(a) Normally, the effective date of a promotion will be on a Sunday that coincides with

the beginning of a pay period and either the day of or the closest Sunday after, the

position becomes available based upon a promotion or by the separation of an

employee (e.g. retirement, resignation, or termination).

(b) The candidate will promote into their new rank on their effective date.

918.4.2 PROCEDURES

(a) A candidate on a promotion list may begin applying for posted vacancies of the rank in

which they are promoting into, no sooner than thirty (30) days prior to the anticipated

effective date of their promotion.

(b) If selected for a position, the candidate may transfer to the position for which they

were selected on the effective date of their promotion. The physical transfer date will

be determined by the affected Division Commanders.

promotion, the candidate will promote and may be placed in an open assignment

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 659

unless they have been selected for a new assignment or are in a current selection

process which they are eligible for selection.

918.4.3 ADMINISTRATIVE PROCEDURES

(a) At the direction of the Staff Lieutenant, APD Human Resources will send the promotion

notification letter and physical examination checklist to the candidate(s) no sooner

than sixty (60) days prior to their anticipated promotion(s). When the candidate(s)

receive the paperwork from HR, they will promptly schedule their physical examination

with the APD physician or their private physician. The APD physician must have

the candidate’s completed physical examination paperwork prior to signing their

promotional checklist.

(b) The Staff Lieutenant will obtain the candidate’s Promotion Checklist from APD HR

and post the checklist(s) on APD Main SharePoint under Staffing/Directives/Pending

Promotional checklist(s).

Commander, the IA Commander, the SIU Commander and the APD physician

advising them that the candidate’s Promotion Checklist is ready for their electronic

signatures. The email will include the names of the promotion candidates and a

Hyperlink to the Pending Promotion Checklists page in SharePoint.

(d) Once the checklist has been signed by the aforementioned personnel, the Staff

Lieutenant will notify the Chief, or designee, via email that the promotion checklist(s)

are ready for their approval. The email will provide the names of the promotion

candidates and the Hyperlink to the Pending Promotion checklist’s page in SharePoint.

(e) With authorization from the Chief, or designee, and no later than the Wednesday prior

to the candidate’s promotion, the Staff Lieutenant will complete the following:

1. Email the Promotion Checklist to the "APD Personnel Allocation Notification

Group" for processing. The affected employee will be copied on this email.

2. Archive the completed Promotion Checklist in the "G" drive.

(f) The Staff Lieutenant shall make the appropriate personnel changes in the Staffing

Allocation workbook located on the SharePoint Staffing page.

918.5 VACANCY GUIDELINES

(a) Commanders may fill any vacancy within their Region/Division with an employee

currently assigned within their Region/Division without posting said vacancy for the

purpose of leveling the staffing of shifts or units or if the internal transfer is for

the benefit of the employee or the Region/Division. The employee must meet the

stabilization requirement outlined in this order prior to the transfer date.

(b) Vacancy notice postings are maintained on the APD Main SharePoint Staffing page

and available for review.

(d) The posting process shall not apply to vacancies that the Department fills by promotion

during Department-wide leveling, involuntary transfers or mutually agreed swaps.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 660

(e) All officers are eligible to submit an application packet for any posted vacancies they

qualify for. Applicants must meet the 4 year service time requirement for specialized

units as outlined in this order. Application submission guidelines:

1. If an applicant for a specialized unit does not meet the 4 year service time

requirement at the time of submission, but will meet the requirement before the

listed "start date" on the vacancy notice, the applicant’s packet will be accepted

for consideration. No applicant may transfer prior to meeting the 4-year service

time requirement.

2. If an applicant for a vacant position does not meet the stabilization requirement at

the time of submission, but will meet the requirement before the listed ‘start date’

on the vacancy notice, the applicant’s packet will be accepted for consideration.

3. If an applicant for a vacant position does not meet the stabilization requirement

at the time of submission AND will not meet the stabilization requirement

by the ‘start date’ on the vacancy notice, the application will be allowed for

consideration with the following caveats:

(a) Commanders and supervisors will first consider the applicants who meet

the stabilization requirement.

(b) If an applicant who does not meet the stabilization requirement is

preferred, the Commander must justify the selection to the affected

Assistant Chief.

the applicant if they agree with the Commander’s recommendation.

(d) The affected Assistant Chief’s decision will be final.

(f) Applying for a posted position shall not jeopardize an officer’s current assignment.

918.5.1 VACANCY POSTINGS

(a) Supervisors will send an email to their Bureau Administrative Supervisor to request

the creation of a vacancy notice. The Bureau Administrative Supervisor will confirm

the vacancy or the anticipated vacancy prior to completing the vacancy notice form in

SharePoint. (The vacancy notice form is located on the Staffing page in SharePoint).

(b) The supervisor’s email will contain the following information which will be used to

complete the vacancy notice form:

1. Title of the position;

2. A job description or an attachment containing the job description;

3. Duty hours, although the hours may be listed as "hours vary";

4. Special requirements an applicant must meet;

5. Special licenses, skills, or abilities (e.g. specialized training, physical abilities)

desired or required for the position.

6. The name and contact information of the posting supervisor.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 661

and notify the Staff Lieutenant of the pending vacancy notice.

(d) The Staff Lieutenant will verify the vacancy or anticipated vacancy and ensure the

notice has been accurately completed and add the "start date". Once the vacancy has

been verified and the notice reviewed, the Staff Lieutenant will approve the posting.

(e) Absent exigent circumstances, a vacancy notice will be posted for ten (10) calendar

days in SharePoint on the Staffing page under "Current Vacancies".

1. For any vacancy notice posted prior to noon, day one (1) of the ten (10) day

posting period will begin on that day.

2. For any vacancy notice posted after noon, day one (1) of the ten (10) day posting

period will begin on the following day.

3. No postings will close on Saturday, Sunday, or an official City holiday.

4. All postings are archived in SharePoint on the Staffing page.

918.5.2 VACANCY APPLICATION PROCESS

Applications for all vacancies shall be made using the Sworn Application Form (SAF) available

in the "G" drive at : G:\Public\Public Data for APD Only\Approved APD Forms\HR Forms\Sworn

Application Form. An applicant must follow the application process outlined below.

(a) Application Process:

1. Applicants are responsible for electronically submitting the SAF and the required

documentation (SA Packet) to their immediate supervisor for their signature.

2. The immediate supervisor will electronically submit the SA packet to the next

level supervisor for their signature. This process will continue until the SA packet

reaches the Bureau Administrative Supervisor and Division Commander.

3. The Bureau Administrative Supervisor or the Division Commander will

electronically submit the SA packet to the Staff Lieutenant, the officer submitting

the application, AND the supervisor listed on the posting prior to the posting

deadline.

(a) The timestamp on the email sent from the Division Administrative

Supervisor or the Division Commander will be the SA packet submission

timestamp.

4. The Staff Lieutenant will archive the SAF in the appropriate location.

5. Any SA packet submissions after the posting deadline will not be eligible for

consideration for the vacancy.

(a) An exception to the deadline may be considered in cases where the

applicant has submitted their SA packet to their chain-of-command for

approval, but the SA packet failed to be submitted to the Staff Lieutenant

and the posting supervisor prior to the posting deadline. The applicant

is responsible for allowing adequate time for the chain-of-command to

process the SA packet.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 662

(b) If the applicant, or anyone in their chain-of-command, believes the SA

packet should be eligible for submission for the posted vacancy; an email

explaining the circumstances of the late submission may be submitted to

the Staff Lieutenant.

(d) The affected Bureau Chief will make a final determination on the eligibility

of the SA packet submission.

(b) Lieutenant Application Process:

1. Applicants for a lieutenant vacancy are responsible for submitting the Sworn

Application Form ONLY to their Division Commander for their signature.

2. The affected Division Commander, or designee, will electronically submit the

SAF to the posting Division Commander AND the Staff Lieutenant.

(a) The timestamp on the email sent from the Division Commander, or

designee, will be the SAF submission timestamp.

1. Division Commanders may deny Sworn Application submissions ONLY when

an applicant does not meet the 4 year minimum service time requirement as per

General Orders. Staffing shortages shall not be the sole reason for denying an

application.

2. Objections to the application may be noted on the SAF.

918.5.3 FILLING VACANCIES

Commanders, or designees, have three (3) business days after the posting closes or interview

boards are held, to select an applicant and/or establish an eligibility list for future vacancies.

(a) Commanders shall ensure selection processes are job-related and that all candidates

are evaluated fairly. Criteria used in the selection processes will take into consideration

any special needs of the Unit(s) and/or the Department.

1. For vacancies at the corporal/detective and sergeant rank, newly promoted

applicants looking for their first placement in their new rank will not normally

be selected over a candidate who is more senior in that rank and who meets

stabilization.

2. If a newly promoted applicant from (a)(1) is preferred over an applicant with rank

seniority, the Commander must justify the selection to the affected Assistant

Chief.

3. The affected Assistant Chief may waive the requirement outlined in (a)(1) if they

agree with the Commander's recommendation.

(b) The supervisors of the units that hold interview boards will select diverse board

members. In this context, diversity includes factors such as varying years of service,

gender, age, ethnicity, or professional background. All interview boards will have at

least one member from another division.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 663

1. Supervisors will prepare written critiques on each candidate that will provide

constructive feedback to the candidate. The critiques will be available to the

candidates, upon request, for thirty (30) days after the process is completed. The

supervisor shall also inform the candidate who was selected to fill the vacancy

and their ranking on the eligibility list, if one was established.

candidate and inform them who was selected to fill the vacancy and their ranking on

the eligibility list, if one was established. The supervisor shall also provide feedback

to the candidates who were not selected to potentially increase the candidate's future

opportunities for selection.

(d) Officers selected and placed on a ranked eligibility list will retain their eligibility for a

period of time not to exceed six (6) months. The eligibility list will only apply to future

vacancies that are of the exact description of the vacancy for which the eligibility list

was established.

(e) The Unit Supervisor will prepare a memorandum containing the eligibility list and

forward the memorandum to the Bureau Administrative Supervisor and the Staff

Lieutenant for retention.

(f) The Staff Lieutenant will post all eligibility lists on the Staffing page located in

SharePoint. Eligibility lists are archived in compliance with the records retention

schedule.

(g) Any officer declining an assignment when a vacancy exists may be removed from

the eligibility list by the affected Division Commander. Officers may also be removed

from an eligibility list for misconduct, pending investigations (IA or SIU), or any valid

reason; subject to the approval of the affected Division Commander.

(h) Applicants not selected for a vacancy or removed from an eligibility list may request

a meeting with the applicable chain of command up to and including the affected

Assistant Chief

(i) If no applicants are selected or no applications are received, the Chief may approve

an affected Assistant Chief or Division Commander to:

1. Repost the vacancy; or

2. Place the next promotional candidate in the vacant position; or

3. Involuntarily transfer an employee from within their Bureau or Division into the

vacant position.

918.6 TRANSFER GUIDELINES

(a) All transfers will take place on Sundays that coincide with the beginning of a pay period

or shift change.

(b) All transfer dates will be determined by the Staff Lieutenant in coordination with the

affected Division Commanders.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 664

be promoting to that rank within 30 days as determined by their anticipated promotion

date as provided by APD Human Resources Division, are eligible to apply.

(d) Once newly promoted employees have reached their promotion date, they may be

placed in an open assignment unless they have been selected for a new assignment

or are in a current selection process which they are eligible for selection.

(e) With the exception of Training and SWAT positions, interview boards are not required.

If the supervisor chooses to conduct an interview board, it must be approved by the

Chief of Police, in advance. If approved, APD Human Resources Division will be

consulted on the board questions, composition, and grading criteria.

(f) Positions in Special Investigations, Internal Affairs, Training, and Recruiting will be

vetted up.

918.6.1 SELECTION PROCESS

(a) All applications will be reviewed by the posting supervisor and applicants will be placed

in one of three categories:

1. Those applicants who are currently in rank and meet stabilization;

2. Those applicants who are currently in rank and do not meet stabilization;

3. Those applicants who will be promoting to that rank within 30 days as determined

by their anticipated promotion date given by APD Human Resources Division.

(b) The selection process will follow the above order to determine the candidate pool. If

there are applicants in category #1, then those in categories #2 and #3 will not move

forward in the process. If there are no applicants in category #1, move to those in

category #2, and if there no applicants in categories #1 or #2 move to category #3.

1. If the supervisor believes an applicant(s) is not qualified and there are no other

qualified applicants in that category, they can request to consider applicants in

the next category by completing Form PD0018 Transfer Applicant Exception for

each applicant in that category.

(a) Examples of applicant disqualifications are:

1. The applicant is on an Employee Success Plan (ESP);

2. The applicant’s SSPR has a below standards or below satisfactory

rating and/or comment; or

3. The applicant does not meet the required posted qualifications for

the position.

(b) Prior to making this request, the supervisor must consult with Employment

& Compensation staff in the APD Human Resources Division for their

advisement on the supervisor’s assessment. APD Human Resources

Division should respond within 3 business days.

requests must then be approved by the Chief of Police or designee prior

to moving forward.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 665

by the posting supervisor based on work history, experience, qualifications, preferred

qualifications, and seniority using Form PD0016 Transfer Candidate Selection.

1. The selection process will be reviewed by the COC up two levels from the

supervisor filling the positions. Example - Detective Posting - Sergeant makes

the selection - Reviewed by the Lt and Commander.

2. Notifications will not be made to applicants until selections have been approved

by the COC.

3. The form will then be sent to the Staffing Lieutenant after being signed by the

COC.

4. The posting supervisor will make contact with all applicants to inform them

whether or not they were selected.

918.6.2 ADMINISTRATIVE PROCEDURES

(a) When a transfer date has been determined for an employee that was selected for

a vacancy posting or for employees who are swapping positions, the employee's

current Administrative Supervisor shall email the following information to the Bureau

Administrative Supervisor of the command receiving the employee.

1. The name and employee number of the affected employee; and

2. The position the employee is transferring into and the position the employee is

transferring out of; and

3. The effective date of the transfer.

(b) The Bureau Administrative Supervisor receiving the employee will confirm transfer

logistics with the Bureau Administrative Supervisor losing the employee.

is within thirty (30) calendar days, the Bureau Administrative Supervisor receiving the

employee will email the aforementioned information to the Staff Lieutenant.

(d) The Staff Lieutenant will create the Transfer Directive (PD0046) and place the Transfer

Directive in the "Pending Transfer Directives" folder located on the "Personnel

Directive" page which is located on the Staffing page in SharePoint.

(e) The Staff Lieutenant will send an email to each of the affected Division Commanders

and Administrative Supervisors advising the Transfer Directive is ready for approval.

1. The Administrative Supervisors will ensure the correct stipend boxes on the form

are checked for the employee.

(f) No later than the Wednesday prior to the effective transfer date, the Staff Lieutenant

will complete the following:

1. Convert the Transfer Directive to PDF and archive the completed Transfer

Directive in the "G" drive and in the "Transfer" folder located on the Personnel

Directives page which is located on the SharePoint Staffing page.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 666

2. Send an email notification, with the directive attached, to the "APD

Personnel Allocation Notification" Group, the affected supervisor(s), the affected

Administrative Supervisor(s) and the affected employee.

(g) The Staff Lieutenant shall make the appropriate personnel changes to the Staffing

Allocation workbook located on the SharePoint Staffing page.

(h) Within 10 working days of an employee’s transfer, the Bureau Administrative

Supervisor (or designee) receiving the employee will complete the APD “Transfer

Employee Request” electronic form for CTM.

918.6.3 HARDSHIP TRANSFERS

(a) Hardship requests will be handled by the Hardship Committee. The committee

will consist of the Equity Manager, a representative from Human Resources, a

representative from the Wellness Bureau, and three commanders. The Equity

Manager will act as the chair of the committee.

(b) Employees requesting a hardship consideration shall complete Form PD0003 APD

Hardship Request and email it to [email protected].

determine if the employee is eligible for the American’s with Disabilities Act (ADA) or

Family and Medical Leave Act (FMLA) programs.

1. If the employee qualifies for either program, the FMLA Coordinator will process

the request and make notification to the committee.

2. If the employee does not qualify for either program, the FMLA Coordinator will

make note on the request and forward it to the committee for review.

(d) Once the request has been reviewed, the committee will recommend to approve or

decline the request and forward the request to the Chief of Police or designee. The

Chief will review the request and make the final decision.

(e) If the hardship request is approved, the officer will be placed on a waiting list by rank

for the next available position that meets the requests of the hardship. The staffing

lieutenant will maintain the list of hardship eligible officers.

1. When a position meeting the needs of the hardship request comes available, the

staffing lieutenant will notify the commander over the identified hardship position

that the position will be filled through the hardship process.

2. If the position is determined as one that will be filled through a hardship, the

staffing lieutenant will notify the first officer on the eligibility list of the position

that meets their hardship request and their selection for the spot.

3. If the selected officer declines the position, then it will be given to the next officer

on the eligibility list. The officer declining the position will be removed from the

hardship eligibility list.

(f) The Chief may designate certain positions that officers are not eligible to transfer into

under a hardship transfer.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 667

(g) The hardship request will not apply to future moves that an affected officer applies for

at their current rank or if they choose to enter the promotional process.

(h) The hardship committee is not for disability accommodations, medical leave (FMLA),

or religious accommodations. These requests shall be handled through Human

Resources.

918.6.4 TRANSFERS WHILE ON LIMITED DUTY

Employees may apply for transfers to full-duty positions while on Limited Duty status.

(a) An employee's Limited Duty status will not automatically disqualify the employee from

consideration for a vacant position.

1. Selections are based upon the qualifications of the individuals applying for the

transfer and the operational needs of the Unit in which the vacancy exists.

2. The availability of Limited Duty tasks in the assignment being applied for and the

anticipated duration of the employee's Limited Duty status may be considered.

918.6.5 TWENTY-EIGHT (28) DAY NOTICE

Except for normal shift rotations, for assignment changes that are determined far enough in

advance, the Department will provide a twenty-eight (28) calendar day notice to the affected

officer.

(a) Advanced notice of the assignment change is not required if prior notice is not in the

best interest of the Department or in any emergency situation.

(b) Advance notice of the assignment change may be waived by the officer.

eight (28) day notice when an operational need exists to make the transfer sooner due

to workload, unforeseen vacancies, emergencies, or when it is in the best interest of

the Department.

(d) The 28-day Notice requirement does not apply to transfers based off promotions.

(e) Supervisors will complete the 28-Day Notice of Transfer form prior to any applicable

assignment change:

1. It is understood that during emergencies, there may not be the opportunity

to complete the form prior to the employee’s transfer, but the form shall be

completed as soon as practical thereafter.

(f) The chain-of-command of the affected employee will place the 28-day Notice of

Transfer in the employee's personnel file and retain it in compliance with the records

retention schedule.

(g) In cases where the 28-Day Notice of Transfer was denied either because it was in

the best interest of the Department or for an emergency situation; the reason for the

denial will be notated on the 28-Day Notice of Transfer form and forwarded, through

the chain-of-command, to the Chief to be signed.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 668

918.7 APPEAL PROCESS

Employees involuntarily transferred into a position may submit a memorandum through their chain-

of-command appealing the decision. The employee will remain in the transferred position while

their appeal is considered. The Chief has final authority regarding all transfers.

918.8 SPECIALIZED ASSIGNMENTS

Specialized Assignments are full-time assignments that have primary responsibilities outside of

the “Patrol” function.

(a) Required Service Time - The four (4) year “APD Service Time Requirement”, is

the officer’s time of employment as an Austin Police Officer and is required prior to

being eligible for application to a Specialized Assignment. Calculation of the required

service time begins from the officer’s Commission Date as an Austin Police Officer.

The required service time must be “uninterrupted service” to be fulfilled immediately

prior to the filing date for application. “Uninterrupted service” means continuous service

not interrupted by a leave of absence or indefinite suspension.

(b) Required Service Time Exception - Graduates of a Modified Academy Class are

required to have two (2) years of “uninterrupted service” as an Austin Police Officer

prior to being eligible for application to a Specialized Assignment. Graduates of a

Regular Academy Class, who had prior law enforcement experience, must have been

eligible to attend a Modified Academy Class at the time of their hire to qualify for the two

(2) year minimum service time exception. Any graduate of a Regular Academy Class

who believes they qualify for the two (2) year minimum service time exception must

submit a written request, containing qualifying facts, through their chain of command

to their Assistant Chief for consideration. If the affected Assistant Chief approves

the exception, the officer is still subject to any entry or testing requirements of the

Specialized Assignment for which they are applying. The decision of the affected

Assistant Chief shall be final and not subject to further administrative review.

1. Public Information Office

2. Citizen Police Academy Coordinator

3. Cadet Training

4. Learned Skills

5. Advanced Education

6. Recruiting

7. Police Activities League

8. Police Explorers

9. Risk Management

10. ARIC

11. Tactical Intelligence Unit

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 669

12. Real Time Crime Center

13. Emergency Planning Unit

14. SOAR

15. Crisis Intervention

16. CRASH

17. Nuisance Abatement

18. Property Crimes Task Force

19. Gangs

20. Criminal Interdiction

21. Criminal Interdiction – K9

22. Street Narcotics

23. Criminal Conspiracy

24. District Representatives

25. Metro Tactical Unit

26. Mounted Patrol

27. Special Events Unit

28. Park Patrol

29. Lake Patrol

30. SWAT

31. Executive Protection

32. Bomb Unit

33. EOD & Patrol K9

34. Court Services

35. Air Support Unit

36. Police Technology Unit

37. Airport Patrol

38. Airport K9 Patrol

39. Highway Response

40. Commercial Motor Vehicle Enforcement Unit

41. DWI

42. Motors

43. Violent Crimes Task Force

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Promotion, Transfer, and Vacancy Guidelines for Sworn Employees

Published with permission by Austin Police Department

Promotion, Transfer, and Vacancy Guidelines

for Sworn Employees - 670

APD General Orders Issued 7/12/2022

919

Austin Police Department

General Orders

Published with permission by Austin Police Department

Promotional Bypass of Sworn Employees -

671

Promotional Bypass of Sworn Employees

919.1 PURPOSE AND SCOPE

This purpose of this order is to outline the process for the Chief of Police to bypass a candidate

on a promotional eligibility list.

919.2 POLICY

The Chief of Police may bypass a candidate on a promotional eligibility list with a valid reason.

Factors taken into consideration to determine if a valid reason exists include, but are not limited to:

(a) Whether the candidate is subject to any pending administrative or criminal

investigation.

(b) Whether the candidate understands their role in the organization as a leader and role

model.

respect for the candidate by their superiors, their subordinates, and/or the community.

(d) Whether the candidate or their chain-of-command has identified any deficiencies or

concerns, and whether the candidate has taken advantage of opportunities available

to them to address those deficiencies.

(e) Whether the candidate has been subject to Disciplinary Action.

1. Suspensions that are not eligible to be reduced to a written reprimand as

provided for by the Meet and Confer Agreement may be considered for a period

of five (5) years from the date the suspension was issued.

2. Written reprimands resulting from a suspension reduction as provided for by the

Meet and Confer Agreement may be considered for a period of thirty-six (36)

months from the date the initial suspension was issued.

3. All other written reprimands may be considered for a period of thirty-six (36)

months from the date the written reprimand was issued.

(f) Whether the candidate is or has been on an Employee Success Plan (ESP).

1. A ESP may be considered for a period of eighteen (18) months from the date

of successful completion.

APD General Orders Issued 7/12/2022

922

Austin Police Department

General Orders

Published with permission by Austin Police Department

Awards and Commendations - 672

Awards and Commendations

922.1 PURPOSE AND SCOPE

This document establishes directives regarding the Departmental commendations or awards to

APD employees and other individuals outside of the Department.

922.2 COMMENDATION GUIDELINES

Any employee, group of employees, or individual outside of the Department may initiate the

creation of a personal commendation to honor an employee or group of employees for exceptional

performance.

(a) Accessing Commendations in APD Main SharePoint.

1. The Commendations SharePoint page is located in SharePoint on the

Committees page, under the title "Awards and Commendations".

(b) Create and process New Commendations

1. On the Commendations page, click on "New Item" to create a new

commendation. Alternatively, from the APDnet home page, click on the yellow

star under "Commendations Form" to create a new commendation.

2. Upon completion of the commendation, enter the name of the next person in

the COC who needs to sign the commendation in the "Who needs to be notified

next?" field at the bottom of the commendation.

3. After entering the name of the next person in the COC, click on "Save". Once

the form is saved, an email is automatically sent to the specified person with a

link to the commendation; the creator will receive a confirmation email.

4. The next reviewers will add their names, dates, and comments to the

commendation. The reviewers will remove their name from the "Who needs to

be notified next?" field and place the next reviewer’s name in the field and save

the document.

5. This process continues until the appropriate Assistant Chief reviews the form.

6. When the Assistant Chief completes their review and comments, the Assistant

Chief will click the "Complete" check box.

7. Checking the "Complete" check box triggers the next workflow. The

commendation will automatically transfer from the "Active" view to the

"Archives" view and will be automatically converted to a Word document in the

"Commendation Word Documents" view.

8. The Commendations site administrator will email the Commendation, in Word

format, to the affected employee(s), file the commendation in the affected

employee(s) personnel file, and email the commendation to Civil Service for

retention.

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922.3 AWARD GUIDELINES

922.3.1 AWARDS COMMITTEE

(a) Members of the Committee will be selected by the Committee chairperson, with final

approval by the Committee coordinator.

1. Five (5) committee members, in addition to the chairperson and Committee

Secretary, must be present to vote on nominations.

2. The secretary is a non-voting position.

3. The chairperson votes only in case of a tie.

(b) The Committee may recommend a different award than a nomination recommends to

maintain the integrity of the Department's award system.

by the Committee.

922.3.2 AWARD NOMINATION PROCEDURES

(a) Nomination instructions for Honorable Conduct, Military Service, Hazardous

Deployment, Essential Services, Academic Achievement, Master Peace Officer, Safe

Driving, and Fitness Ribbon can be found on the respective request forms.

(b) Nominations for the Distinguished Command Medal will be sent by a commander and/

or a division manager to Executive Staff for consideration. This award will not be

routed through the Awards Committee.

Unit of the Year, will:

1. Complete nomination packet consisting of a memorandum providing detailed

information as to why the nomination is being made and attach all necessary

documentation (e.g., reports, letters, newspaper articles) to support the

nomination.

2. Nomination packets will then be routed up the Chain of Command to the

Commander/Division Manager level.

3. The receiving Commander/Division Manager will ensure that the nomination

packet, including all supporting documentation, is forwarded to the Committee

Secretary at [email protected]. The Committee will then

forward approved award nominations to the Chief of Police or designee.

4. Nominations should be submitted within one year of the event, however, an

amnesty period will be offered annually to employees for nominations for events

that occurred more than 1 year ago.

(d) Nominations for Unit of the Year procedures are as follows:

1. An employee wishing to nominate a unit for Unit of the Year will submit a

nomination packet to their respective Commander/Division Manager no later

than December 1st. The packet should consist of:

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(a) A two to three page summary memo containing an overview

of the unit's accomplishments and up to 10 additional pages of

supporting documentation (i.e. commendations, press releases, letters of

recommendations, etc).

(b) A list of all personnel who were unit members for at least 6 months during

the calendar year and the actual dates each member was assigned to that

unit.

dates to ensure consistent time frames.

(d) There will be three awards per year for Unit of the Year. One unit will

be recognized from patrol services, one unit will be recognized from

non-patrol units, and one civilian unit will be recognized. Nominations

can be made for any designation. The nomination should be limited to

individual shifts or units and not for entire divisions, sections, or other large

groupings.

2. Each Commander/Division Manager will review the nomination packets and

forward the packets to the APD Awards Committee email inbox by the deadline

designated by the Awards Chairperson. The Awards Committee will meet after

the submission deadline and make recommendations to Executive Staff for the

Unit of the Year awards.

3. The final decision will be made by the Chief and sent to the Awards Committee

Chair by the established deadline designated by the Awards Committee

Chairperson.

4. The unit selected must commit to having 80% of their staff attend the Chief's

presentation of the award.

922.4 CITIZEN AWARDS

The following awards are authorized for citizens and shall consist of a citation mounted on a plaque

or placed in a certificate holder or a crystal desk weight supplied by the department.

(a) Distinguished Service Citation

1. Presented by the Chief or designee to award citizens for providing exceptional

service to the Department under emergency or hazardous conditions while

displaying uncommon courage and good judgment.

(b) Certificate of Recognition

1. Presented by the Chief or designee to award citizens for providing unexpected

and exceptional service, without regard for compensation, to the Department

over any period of time. The provided service may include support of the

Department, officers or the families of officers.

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922.5 EMPLOYEE AWARDS

Medals, ribbons, and authorized pins and medallions shall only be worn as specified in Department

General Orders. Employees will not receive an award while under formal investigation for violating

a departmental general order without the consent of the Chief.

(a) The following awards, citations, and/or ribbons are for all employees:

1. Medal of Valor

2. Distinguished Command Medal

3. Purple Heart

4. Life Saving Medal

5. Meritorious Service Medal

6. Unit of Year

7. Meritorious Unit Medal

8. Superior Service Citation

9. Servant Leadership Citation

10. Community Service Citation

11. Honorable Conduct Citation

12. Military Service

13. Hazardous Deployment

14. Special Response Team (SRT) Campaign Ribbon

15. Essential Services Response Ribbon

16. Academic Achievement

17. Master Certification Ribbon

18. Safe Driving Ribbon

19. Fitness Award

20. Certificate of Recognition

(b) A medal and device can be awarded for each occurrence unless specifically stated

under each description.

complete form PD0304 Awards Reissue Request and email it to

[email protected] for processing.

922.5.1 MEDAL OF VALOR

Conferred for displaying exceptional bravery and courageous action, risking life or serious bodily

injury, while in the performance of duty, thereby earning high honor and distinction and bringing

favorable recognition to the Department.

(a) Recipient will receive a medal, ribbon, "V" device, and certificate.

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(b) Presented by the Chief.

922.5.2 DISTINGUISHED COMMAND MEDAL

(a) Conferred for distinguished command as demonstrated by:

1. Exceptional and courageous command during critical times which required

extraordinary police service;

2. Clearly exceptional command and leadership for an extremely difficult or

hazardous project or task which was highly successful or brought great

recognition to law enforcement; or

3. Clearly exceptional command and leadership, which have been consistently

demonstrated over an extended period of time.

(b) Recipient will receive a medal, ribbon, lapel pin and certificate.

922.5.3 PURPLE HEART

Conferred for sustaining, through no fault of their own, serious bodily injury (that involves a

substantial risk of death or protracted loss or impairment that continues after medical intervention)

or death resulting from a suspect's actions in the line of duty under honorable circumstances,

which brought favorable recognition to the Department. In addition, this award may be conferred

if injury was averted from a projectile by use of body armor.

(a) Recipient will receive a medal, ribbon, and certificate.

(b) "V" device may be awarded.

922.5.4 LIFE SAVING MEDAL

Conferred for going above and beyond what is expected to save a human life. The event must

have involved specific and direct intervention. The person receiving the life-saving efforts needs

to survive for at least 24 hours.

(a) Recipient will receive a medal, ribbon, and certificate.

(b) "V" Device may be awarded.

922.5.5 MERITORIOUS SERVICE MEDAL

Conferred for meritorious service demonstrated through outstanding performance of duty under

clearly hazardous and complicated conditions, or when the service delivered clearly contributed

to a high degree of success in a difficult or complicated project or task by an individual.

(a) Recipient will receive a medal, ribbon, and certificate.

(b) "V" Device may be awarded.

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922.5.6 UNIT OF THE YEAR CITATION

(a) Presented to three outstanding units each year, based upon:

1. Meritorious service as demonstrated through exceptional performance by all

members during extremely hazardous duty; or

2. Exceptional collective outstanding performance which exemplified dedication to

the Unit mission or assignment over an extended period of time.One unit will

be recognized from patrol services, one unit will be recognized from non-patrol

units, and one civilian unit will be recognized.

(b) Recipient will receive a medal, ribbon and certificate for each Unit member.

922.5.7 MERITORIOUS UNIT MEDAL

Conferred for meritorious service demonstrated through outstanding performance of duty under

clearly hazardous and complicated conditions, or when the service delivered clearly contributed to

a high degree of success in a difficult or complicated project or task by a unit. A list of all personnel

who were unit members for at least 6 months during the calendar year and the actual dates each

member was assigned to that unit is required.

(a) Recipient will receive a medal, ribbon, and certificate.

(b) "V" Device may be awarded.

922.5.8 SUPERIOR SERVICE CITATION

(a) Presented to employees for:

1. Demonstrating a superior commitment to quality service or caring service within

the community or Department;

2. Exhibiting outstanding problem-solving skills which brings recognition to the

individual and Department; or

3. Actions that go beyond the expected duties and responsibilities of the

employee’s job description within the department.

(b) Recipient will receive a medal, ribbon, and certificate.

922.5.9 SERVANT LEADERSHIP CITATION

(a) Presented to employees for:

1. Regardless of rank or position within the Department, consistently focusing

primarily on the growth and well-being of people and the communities to which

they serve;

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2. Acknowledging other people's perspectives, giving them the support they need

to meet their work and personal goals, involving them in decisions where

appropriate, and fostering a sense of community within the Department; or

3. Enriching the lives of individuals, building a better organization and ultimately

creating a more just and caring community.

(b) Recipient will receive a medal, ribbon and certificate.

922.5.10 COMMUNITY SERVICE CITATION

(a) Presented to employees who engage in the following behavior over an extended or

continuous period of time:

1. Demonstrating a voluntary act of donating time and devotion to the community

while promoting the safety, health, education, or welfare of the citizens;

2. Providing volunteer community service which results in favorable recognition of

the Department; or

3. Actions that go beyond the required duties and responsibilities of the employee’s

job description that promote the Department’s community policing principles.

(b) Recipient will receive a medal, ribbon, and certificate.

922.5.11 HONORABLE CONDUCT CITATION

(a) Presented to employees for completing 10, 20, or 30 years (aggregate) of service, as

long as the employee:

1. Is in good standing;

2. Receives a favorable recommendation from their supervisor; and

3. After the formula set out in (b) has been applied.

(b) Calculation of eligibility:

1. Written Reprimand

(a) Loss of 6 months eligibility (other than for a collision or minor traffic

infraction)

2. Suspension

(a) One (1) to three (3) days suspension results in a loss of (1) year of

eligibility.

(b) Four (4) to fifteen (15) days suspension requires ten (10) years

consecutive honorable service starting from the last day of suspension

or results in a loss of five (5) years of eligibility from the aggregate

amount; whichever period is shorter.

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honorable service starting from last day of suspension.

consideration for the Citation as determined by the Chief or designee. The purpose

is to prevent presenting the award to someone who has recently received discipline,

thereby undermining the significance of the Citation.

(d) Recipient will receive a medal, ribbon and certificate for 10 year award and subsequent

star device and certificate for 20 and 30 year awards.

(e) Presented by the employee's commander/manager or designee.

922.5.12 MILITARY SERVICE RIBBON

Issued to personnel honorably discharged from and U.S. military service.

(a) A single star may be added to the ribbon for each foreign combat theater deployment.

(b) Recipient will receive a ribbon and certificate.

922.5.13 HAZARDOUS DEPLOYMENT RIBBON

Conferred for response and deployment to a natural or man-made disaster or continued civil unrest

and riotous behavior in a public safety capacity under hazardous and extended conditions inside

or outside the City of Austin.

(a) Only the initial ribbon received will be worn. Subsequent awards will be indicated by an

authorized star device placed on the first award ribbon (up to four stars, representing

a total of five awards).

(b) Recipient will receive a ribbon and copy of Hazardous Deployment Ribbon request.

922.5.14 SPECIAL RESPONSE TEAM (SRT) CAMPAIGN RIBBON

(a) Presented to members of Units which the Chief determines:

1. Are directly involved in the resolution of a large-scale crowd-control incident

which immediately jeopardizes the safety of citizens, or causes great concern

to a large segment of the Austin community; and

2. The recipient demonstrated exceptional tactics, team work, courage, and self-

discipline under hazardous conditions.

(b) Only the initial ribbon received will be worn. Subsequent awards will be indicated by an

authorized star device placed on the first award ribbon (up to four stars, representing

a total of five awards).

(d) Presented by the Chief or designee.

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922.5.15 ESSENTIAL SERVICES RESPONSE RIBBON

Conferred for continuing to provide essential services to the community during a natural or man-

made disaster, or public health crisis in a public safety capacity under hazardous and extended

conditions inside the City of Austin.

(a) Only the initial ribbon received will be worn. Subsequent awards will be indicated by an

authorized star device placed on the first award ribbon (up to four stars, representing

a total of five awards).

(b) Essential Services Response Ribbon request forms will be provided by the Emergency

Planning and Response Unit who will assist employees in determining their eligibility.

Committee who will make the final recommendation to the Chief.

(d) Recipient will receive a ribbon and copy of The Essential Services Response Ribbon

request.

(e) Presented by the Chief or designee.

922.5.16 ACADEMIC ACHIEVEMENT RIBBON

Issued to personnel who have received an academic degree and/or completed leadership or

management training.

(a) The following devices may be worn on the Ribbon:

1. One silver diamond device for a Bachelor's degree.

2. One single lamp device for a Master's or Doctorate degree.

3. One single "L" device for the APD Leadership Academy or Department approved

long-term management/leadership school.

4. The "L" device may be worn with the Diamond or Lamp device if the employee

has been awarded both devices.

(b) Recipient will receive a ribbon and appropriate device.

922.5.17 MASTER CERTIFICATION RIBBON

Issued to officers achieving a Master Peace Officer Certification through the Texas Commission

on Law Enforcement.

(a) Recipient will receive a ribbon.

(b) Presented by the employee's commander or designee.

922.5.18 SAFE DRIVING RIBBON

This award is given to personnel who maintain a safe driving history while driving a City vehicle.

A ribbon is given at three (3) years (aggregate), with an authorized star device added at 5, 10, 15

and 20 years of safe driving (up to four stars, representing a total of five awards).

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(a) Eligibility is determined by subtracting one (1) year from the officer's total years of

service for each preventable collision. After 5 years, a collision will no longer be

counted against the officer if no other preventable collision has occurred within the

period requested for the award.

(b) Recipient will receive a ribbon and/or appropriate device.

922.5.19 FITNESS RIBBON

Issued to employees who have successfully completed their annual physical assessment with

results rating them in the top 10 percent for their age category.

(a) Subsequent awards will be indicated by an authorized star device placed on the first

award ribbon. The additional star device may be added in five (5) year increments, up

to four stars, for a total of five (5) awards.

(b) Recipient will receive a ribbon or appropriate device.

922.5.20 CERTIFICATE OF RECOGNITION

Certificate presented by a commander/manager or designee to show recognition for exceptional

effort or for a job well done.

922.6 MEMORABILIA

Department personnel who wish to distribute memorabilia (i.e. Challenge Coins, hats, t-shirts and

etc.) that represent the Austin Police Department, an Austin Police Department unit or shift, and/or

displays the Austin Police Department Badge, and/or other similarity are required to have approval

by the Chief of Police or the Chief of Police’s designee. The requestor must submit a memo

requesting approval along with a photograph of the memorabilia to their chain of command up

to their Assistant Chief. Pre-approved artwork can be found in the Approved APD Forms folder

on the G drive.

Memorabilia shall not be offensive or inflammatory.

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Personal Appearance Standards

924.1 PURPOSE AND SCOPE

In order to project uniformity and neutrality toward the public and other members of the

Department, employees shall maintain their personal hygiene and appearance to project a

professional image appropriate for the Department and for their assignment.

924.2 DEFINITIONS

For purposes of this order, the following definitions apply:

(a) Intermittent shaving – Shaving occurring at irregular intervals; not continuous or daily

shaving, with no intent to grow a full beard or goatee.

(b) Trimmed/Groomed beard – Neatly trimmed or groomed edges along the top and

bottom edges of a beard, not to extend above the cheekbone, or below the onset of

the upper neckline.

924.3 GROOMING STANDARDS

The following appearance standards shall apply to all employees unless an employee's current

assignment would necessitate an approved exception to the standard or the Chief of Police has

granted an exception.

924.3.1 HAIR

Hairstyles of all civilian and sworn employees shall be neat and professional in appearance and

shall not be extreme (e.g., spiked, partially shaved to form a design; colored an unnatural shade

or sprayed with substances such as glitter, neon, or fluorescent colors). In addition:

(a) Male Sworn Employees

1. Hair must not extend below the top edge of the uniform collar while assuming a

normal stance and shall not interfere with the wearing of any issued headgear. A

medical exemption is required for any deviation from this order. The medical

exemption process should follow 924.2.4 (a) 1-3 and also state the reason for

the deviation.

2. Dreadlocks, twists, and braids shall conform to uniform standards and shall be

kept clean and neat. They must be proportionate in size, no larger than ½ inch

in diameter, and tightly woven to present a neat, professional appearance.

3. Decorative items will not be worn in the hair.

(b) Female Sworn Employees

1. Hair must not extend below the bottom line of the back yoke of the uniform shirt

(or comparable area on a shirt without a yoke) and shall not interfere with the

wearing of any issued headgear.

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2. Hair clasps or barrettes may be worn but must correspond with the colors of

the uniform, employee's hair color or rank insignia. Decorative items will not be

worn in the hair.

3. Dreadlocks, twists, and braids shall conform to uniform standards and shall be

kept clean and neat. They must be proportionate in size, no large that ½ inch

in diameter, and tightly woven to present a neat, professional appearance.

4. Hairpieces or wigs shall not pose a safety hazard and shall present a natural

appearance, as well as conform to the grooming standards set forth in this policy.

924.3.2 MUSTACHES

A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners

of the mouth or beyond the natural hairline of the upper lip.

924.3.3 SIDEBURNS

Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes)

and shall be trimmed and neat.

924.3.4 FACIAL HAIR

(a) Officers may maintain a neat and uniformly-trimmed full beard or goatee; no more than

one-half inch in length. Beards cut in a pattern are prohibited. Also, shaving, waxing,

plucking or otherwise, removal of superfluous hair from the beard for the purpose

of aesthetic grooming (shaping, pencil thin, trimming, designer beard, “chin strap"

beard, etc.) or other cosmetic effects are prohibited. This section does not prohibit the

trimming or grooming required for maintaining a trimmed/groomed beard or goatee.

(b) This policy is intended for those officers wishing to grow a full beard or goatee and

does not allow for intermittent shaving.

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924.3.5 FINGERNAILS

Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others.

For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip

of the finger.

924.3.6 JEWELRY AND ACCESSORIES

No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment

except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible

above the shirt collar.

(a) Ear cuffs shall not be worn.

(b) Wristwatches shall be conservative in design and will not display any offensive design,

logo or wording.

1. Employees in a field duty assignment may not wear bracelets, other than medical

alert bracelets.

2. Employees not in a field duty type assignment may wear bracelets as long as

they do not present a hazard or a distraction in the normal work environment.

(d) Tie Tacks, Tie Bars, and Pins

1. Only issued or authorized tie bars will be worn with the Class A uniform. Tie bars

will be worn horizontally on the lower half of the necktie, midway between the

third and fourth buttons from the top.

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2. Only authorized tie tacks and pins may be worn with any APD uniform.

Employees will not wear any tie tack or other pin making a political statement,

or displaying any offensive design, logo, or wording.

924.4 TATTOOS

While on-duty or representing the Department in any official capacity, every reasonable effort

should be made to conceal tattoos or other body art. At no time while on-duty or representing

the Department in any official capacity shall any offensive tattoo or body art be visible. Examples

of offensive tattoos would include, but not be limited to, those that depict racial, sexual,

discriminatory, gang related or obscene language. No tattoo or body art, regardless of content,

located on or above the neck, shall be visible at any time while on-duty or representing the

Department in any official capacity.

924.5 BODY PIERCING OR ALTERATION

(a) Earrings

1. Male employees will not wear earrings.

2. Female employees in a field duty assignment may wear one pair of conservative

ear studs.

3. Female employees not in a field duty assignment may wear ear studs, hoops

or dangle-type earrings as long as they do not present a safety hazard or

distraction in the normal work environment due to their design, size, appearance,

or number.

(b) Any other body piercing which is not concealed by the employee's clothing is prohibited

for wear when the employee is representing the Department.

is a deviation from normal anatomical features and that is not medically required is

prohibited. Such body alteration includes, but is not limited to:

1. Tongue splitting or piercing.

2. The complete or transdermal implantation of any material other than hair

replacement.

3. Abnormal shaping of the ears, eyes, nose or teeth.

4. Branding or scarification.

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Court Appearances

935.1 PURPOSE AND SCOPE

This procedure has been established to provide for the acceptance of subpoenas and to ensure

that employees appear when subpoenaed, or are available to appear in court when requested

and present a professional appearance.

935.2 DUTY RELATED COURT APPEARANCES

Employees who receive a subpoena related to employment with the Department are subject to

the provisions of this order. Employees are expected to act in a professional manner to ensure

the successful conclusion of a case.

935.2.1 SERVICE OF SUBPOENA OR NOTIFICATION

Service of a subpoena or notification requiring the appearance of any Department employee in

connection with a matter arising out of the employee's course and scope of official duties may

be accomplished by:

(a) Delivering a copy of the subpoena or notification to the employee.

(b) Reading of the subpoena in the presence of the employee in a hearing.

935.2.2 GENERAL SUBPOENA AND NOTIFICATION GUIDELINES

Court Liaisons shall maintain a log of all Department subpoenas and notifications.

(a) Employees should be aware that compliance with all served subpoenas and

notifications is mandatory.

(b) Employees may be subpoenaed or notified on short notice. If contacted by a Court

Liaison, the employee will be required to appear in court regardless of whether the

employee received the subpoena or written notification.

(d) Employees are required to appear in court for all "Must Appear" subpoenas and

notifications unless excused by the court.

1. All ALR subpoenas (e.g., court appearance or telephonic hearing) are

considered "Must Appear."

2. All Municipal Court notifications are considered "Must Appear."

3. County and District Court subpoenas may be marked as a "Must Appear."

(e) Employees who will be unable to honor any subpoena or notification shall request to

be excused by completing the required documentation (e.g., Motion for Continuance)

and contacting the appropriate Court Liaison.

1. An employee's regular day off and/or living outside the city limits of Austin are

not valid reasons for being unavailable for any subpoena.

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2. Approved leave, in-service training, and/or supervisor approval alone does

not relieve an employee from attending court; employees must complete the

required documentation and request to be excused.

3. Employees are responsible for confirming whether they have been excused from

court; this can be done by contacting a Court Liaison.

4. If the employee suffers an illness or injury that prevents appearing in court as

directed by a previously served subpoena, the employee shall, at least one hour

before the appointed date and time, inform the Court Liaison of the situation. It

shall be the responsibility of the Court Liaison to notify the court/prosecutor of

the employee's unavailability to appear.

935.2.3 ELECTRONIC VERSADEX SUBPOENAS

Court Liaisons will log electronic subpoenas into the Versadex Subpoena Tracking Module and

route them to the employee's Versadex queue.

(a) Employees are required to check the Versadex queue at least once a week during

regular duty hours.

(b) Employees will acknowledge all subpoena notifications in the Versadex queue by

selecting "Acknowledge" or "Decline."

1. Employees who select "Decline" will be prompted electronically to provide a

reason for requesting an absence from court and shall include the applicable

date range the employee is unavailable.

(a) Declining a subpoena notice does not release the employee from

complying with the subpoena; it is simply a request made to the court to

be excused from appearing on the date indicated in the subpoena.

(b) Employees are responsible for confirming with a Court Liaison whether

they have been excused from court.

immediate supervisor is responsible for checking the employee's queue and notifying

a Court Liaison if the employee has a subpoena. The supervisor, Court Liaison, and, if

necessary, the employee will confer before the subpoena is acknowledged or declined.

935.2.4 HARD COPY OF SUBPOENA NOTIFICATIONS

Employees receiving a hard copy subpoena or notification will acknowledge it by initialing and

dating the subpoena or notification and placing it in a Court Liaison drop box.

(a) Employees unable to honor a subpoena or notification on the specified date/time shall

adhere to the following procedures:

1. ALR, County, or District Court

(a) Notate the reason for not being able to appear on the notification form;

(b) Indicate the date in which the employee will return to duty; and

receipt of the subpoena.

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2. Municipal Court

(a) Complete a Municipal Court Motion for Continuance form found on the

"court" link in APDnet SharePoint or on the city mobile phone app.

(b) The motion must have the Municipal Court number attached from the

subpoena; not the APD report number.

accurately.

(d) The status can be verified by going to the Municipal Court Officer Inquiry

link on APDnet, by calling (512) 974-4800, or by visiting the Court's

website at www.austintexas.gov/public. Employees may also contact the

prosecutor's office at (512) 974-4808 or [email protected].

(b) Employees are responsible for confirming with a Court Liaison whether they have been

excused from court.

935.2.5 CIVIL SUBPOENA ACCEPTANCE

(a) Employees will not accept a civil subpoena for another employee.

(b) Employees receiving a civil subpoena or a subpoena duces tecum related to an on-

duty incident will:

1. Review the report upon which the incident is based and determine if criminal

charges related to the civil case are pending.

2. Notify the chain of command, up to the Lieutenant, of the subpoena and the

employee’s determination as to whether criminal charges are pending.

3. Contact the APD Legal Advisor via email requesting guidance on the appropriate

response to the subpoena. Employees will attach a copy of the subpoena to the

email and include the determination of whether criminal charges are pending.

guidelines listed in this section in dealing with civil subpoenas, or as directed by the

APD Legal Advisor.

1. Employees will make every reasonable attempt to appear at the date/time listed

on the subpoena, even on short notice, or contact the issuing party to make

other arrangements.

2. Employees unable to comply with the subpoena shall advise their immediate

supervisor and the APD Legal Advisor as soon as possible.

935.2.6 COURT APPEARANCE GUIDELINES AND REQUIREMENTS

(a) Employees will not request personal leave (e.g., vacation, exceptional vacation,

compensatory leave, personal holiday), nor will supervisors approve these requests

for any date and times the requesting employee has already received and

acknowledged a subpoena.

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1. Supervisors may approve these leave requests if the requesting employee

provides documentation that a Motion for Continuance has been filed and

granted for all court cases occurring during the requested leave period.

(b) When a subpoena or notification indicates "MUST APPEAR," employees shall appear

in court on the designated date and time.

employees shall:

1. Jury Trials

(a) Contact the Court Liaison for specific appearance instructions

2. Pre-Trials and Trials Before the Court

(a) Appear on the designated date and time or be available by phone or pager.

1. Phone and pager numbers on file with APD-HR will be used to

contact employees.

2. Employees are responsible for ensuring the Court Liaison has the

appropriate phone number. Employees may leave a voice mail for

the Court Liaison containing alternate phone number(s).

3. Employees will not be compensated for being available by phone.

(d) The appropriate Court Liaison should be notified as soon as possible when employees

will be detained or late.

(e) Officers are required to electronically sign in on the electronic sign-in log found on the

APD CitySpace webpage: https://sharepoint.ausps.org/sites/apd/Court/layouts/15/

start.aspx#. In the event the officer is unable to electronically sign-in for any reason,

please contact the Court Liaisons.

(f) Officers earning overtime while attending court, ALR hearings, and/or Gardner

Betts shall complete an electronic court overtime form. The completed electronic

court overtime forms should be sent to the APD Court liaison email address at

[email protected].

935.2.7 FAILURE TO APPEAR

Any employee who fails to comply with the terms of any valid and properly served subpoena may

be subject to discipline as well as court-imposed civil and/or criminal sanctions (Tex. Code of

Crim. Pro. art. 24.05).

935.2.8 COURT OVERTIME

The guidelines on overtime granted to employees who appear in court are outlined in the current

Meet and Confer Agreement.

(a) When requesting overtime, each employee is responsible for completing an overtime

form and forwarding it to the appropriate Court Liaison. The court subpoena must be

attached to the overtime form.

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1. If the court assignment is after Court Liaison business hours, the employee may

place the overtime form and subpoena in a Court Liaison drop box.

2. If the court assignment is a week-long subpoena and the employee does not

appear at court, the overtime form and the subpoena may be interoffice mailed

to the Court Liaison.

3. The Court Liaison will confirm the information on the form and forward it to the

Court Liaison supervisor for approval and routing to APD-HR.

(b) When a prosecutor requests a meeting with an off-duty employee:

1. The Court Liaison will determine from the prosecutor if the meeting shall be in

person or by phone

2. The Court Liaison will page and email the officer with the prosecutor's request

for a meeting

(a) If the meeting is conducted over the phone, the overtime form will indicate

the actual length of the phone consultation rounded up to the nearest

quarter hour (e.g.,.25,.50,.75) as the hours worked.

(b) If the meeting is in person, the officer will sign in and out on the sign-in log.

The overtime sheet will include the prosecutor's name and be submitted

to the Court Liaison.

3. If a prosecutor contacts an officer directly, the officer shall contact the court

liaison prior to any meeting.

any related subpoena or court overtime, the employee will first submit a memorandum

explaining the delay to the chain-of-command. The chain-of-command will review the

circumstances described in the memorandum. A copy of the memorandum will be

attached to the overtime form sent to Court Liaison.

935.2.9 PARKING CITATIONS WHILE AT COURT

Employees receiving a parking citation at a metered parking spot while honoring a work related

subpoena will adhere to General Order 804 (Department Vehicles) for guidelines on how to

dismiss the citation. Employees will follow these guidelines in a timely manner to prevent the fine

from being doubled, the vehicle being booted, and the ticket not being dismissed.

935.3 NON-DUTY RELATED SUBPOENAS

Employees receiving a valid criminal or civil subpoena for matters not related to employment with

the Department will comply with the requirements of the subpoena. Arrangements for time off to

honor the subpoena will be coordinated through the employee's immediate supervisor. Employees

will be compensated for a subpoena resulting from a law enforcement related case that originated

while the employee was employed by another agency. Employees will follow the same general

orders as outlined in 935.2.8.

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935.4 COURT TESTIMONY AND INTERVIEWS

(a) Employees will notify their supervisor and the appropriate prosecutor if they are

subpoenaed or otherwise agree to either testify as a witness or assist the defense in

any criminal matter. Supervisors will notify the APD Legal Advisor so that the Legal

Adviser can review the matter in a timely manner.

(b) Employees will not receive compensation for testimony as an expert witness without

the approval of the Chief or designee. Employees will complete all necessary

Secondary Employment documents prior to the testimony being given.

expert witness as a result of abilities gained through employment with the Department.

935.4.1 INTERVIEWS WITH ATTORNEYS

Contact with defense attorneys should be limited to those necessary to protect the legal rights

of the accused and to speed the prosecution of criminal cases. Defense attorneys wishing to

interview employees beyond that scope should be referred to the appropriate section supervisor

or the appropriate prosecuting attorney.

(a) When an attorney representing the City or an employee in any work-related civil suit

needs to interview an employee about a criminal case, the employee's immediate

supervisor will be notified.

1. The supervisor should ensure the interview takes place while the employee is

on-duty, if possible.

(b) When an attorney representing residents in litigation against one another, or in

litigation against the City of Austin, wishes to interview an employee concerning an

incident, the attorney will be referred to the employee's immediate supervisor.

1. The supervisor will contact the APD Legal Advisor.

2. If the Legal Advisor approves an interview, the supervisor should ensure the

interview takes place while the employee is on-duty.

935.5 COURT DRESS CODE

(a) Employees will not wear a uniform or other clothing which identifies them as a member

of the Department, or represent themselves as speaking on behalf of the Department,

in any cases not related to APD.

(b) Employees will wear appropriate attire, but not any part of their uniform, if the employee

appears in court for any action the employee has brought against the Department.

dress code:

1. Sworn employees may wear their Class A, B, or C uniform unless testifying in

Federal Court. Body armor is not required when appearing in court.

2. Civilian employees, and sworn employees not wearing their uniform, will wear:

(a) Males:

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1. Business suit and tie; or

2. Sport coat, slacks and dress shirt with tie.

(b) Females:

1. Dress; or

2. Skirt or dress slacks with blouse or sweater; or

3. Skirted or Pant suit.

3. When on-duty employees are urgently needed in court and do not have time to

obtain suitable dress, they may appear in working attire (e.g., Class D uniform)

with the approval of a supervisor.

4. Casual wear is prohibited for court appearances.

5. Dress code for sworn employees working in undercover operations will be

regulated by the appropriate commander and mindful of all provisions of this

section.

(d) Weapon guidelines for sworn employees when not in uniform.

1. Plain clothes officers entering a criminal justice center or courthouse with a

weapon are required to:

(a) Prominently keep the badge and APD ID displayed; and

(b) Allow court security to visually verify the weapon; and

the officer is armed.

2. Employees who fail to comply with these requirements will be directed to secure

the weapon elsewhere before being granted access to the facility.

935.6 OUT OF TOWN APPEARANCES

When employees receive a criminal subpoena to testify in a court outside the City jurisdiction, they

will notify their commander/manager through the chain-of-command. The commander/manager

will help the employee with travel arrangements. When practical, travel within the state will be by

City vehicle. When it is not practical to travel by City vehicle, air travel may be used.

(a) Travel and living expenses will be advanced. Any witness fees, travel expenses or per

diem fees granted to the employee will be refunded to the City.

(b) Whenever possible, the employee's days off will be changed so that the out of

town court appearance and travel will be on-duty. If it is not possible to change

the employee's days off, the employee will be given overtime for off-duty court

appearances.

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935.7 WITNESS FEES

(a) Employees may not accept or solicit fees for testifying before any Municipal, County or

State Court within Travis County, except the witness fee attached to civil subpoenas

or ALR hearings.

(b) Employees are authorized to accept the witness fee required on subpoenas for the

defense in federal court or military installations.

an employee is dismissed before the end of the workday, the employee must return

to their assignment for the remainder of the workday.

(d) Except as provided in General Order 900 (General Conduct and Responsibilities), any

other fees collected by an employee for a court appearance will be turned in to the

Office of the Chief of Police. Fees will not be retained by an employee without the

express approval of the Chief.

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Austin Police Department

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Training and Career Development - 694

Training and Career Development

942.1 PURPOSE AND SCOPE

It is the order of the Department to administer a training program that will provide for the

professional growth and continued development of its personnel. By doing so, the Department

will ensure its personnel possess the knowledge, skills and abilities necessary to provide a

professional level of service that meets the needs of the community.

942.1.1 TRAINING APPROVAL

All internal and external training of APD employees shall be coordinated through the APD Training

Academy.

(a) Employees attending any training that has not been reviewed and authorized by the

Department do so at their own risk.

(b) The Department will not assume any liability for an officer's utilization of information

and/or techniques that are not Department sanctioned and which may be contrary to

Department orders and procedures.

942.2 PHILOSOPHY

The Department seeks to provide ongoing training and encourages all personnel to participate

in advanced training and formal education on a continual basis. Training is provided within the

confines of funding, requirements of a given assignment, staffing levels and legal mandates.

Whenever possible, the Department will use courses certified by the Texas Commission on Law

Enforcement (TCOLE).

942.3 OBJECTIVES

The objectives of the Training Program are to:

(a) Enhance the level of law enforcement service to the public.

(b) Increase the technical expertise and overall effectiveness of our personnel.

(d) Comply with TCOLE rules and regulations concerning mandatory law enforcement

training.

942.4 TRAINING

It is the responsibility of the Training commander to develop, review, update and maintain a training

plan and to ensure that TCOLE mandated training, in-service training, and Department mandated

training is completed by all employees.

(a) While updates and revisions may be made to any portion of the training plan at any

time it is deemed necessary, the Training commander shall review the entire training

plan on an annual basis. The plan shall:

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1. Include a systematic and detailed method for recording and logging all training

for all personnel.

2. Include information on curriculum, training material, training facilities, course and

student scheduling.

3. Address state required minimum mandated training for the licensing of sworn

officers and the training of non-sworn employees.

942.4.1 MANDATED TRAINING

Training requirements include, but are not limited to:

(a) Cadet Recruits and Sworn Officers

1. Individuals hired by the Department as a Cadet Recruits shall complete all

mandated training in order to be commissioned by the Austin Police Department.

2. Commissioned officers of the Austin Police Department shall complete:

(a) All mandated TCOLE recertification training to maintain TCOLE licensing.

(b) All training mandated by department general orders and the Training

Division.

1. All courses sent to an officer's INFORMA queue by the

Training Command are considered MANDATORY and shall be

completed within 30 working days (excluding vacation, sick, military

leave, FMLA, etc.).

2. During personnel inspections, supervisors shall ensure officers have

completed their INFORMA training. This will be documented on form

PD0128.

(b) Civilian

1. Individuals hired by the Department to work in a civilian capacity shall complete:

(a) all mandated training in order to perform all duties and functions of their

position.

(b) Civilian employees shall receive additional job-related training as per City

of Austin Personnel Policy.

942.4.2 WEB BASED TRAINING

The Training Academy may deliver online courses via web based training. The courses may fulfill

mandatory or elective training hours. This order also applies for courses taken through the TCOLE

POSEIT website. If TCOLE and APD both offer the same course, officers will register for the APD

course as it will include general orders and address APD needs.

(a) Web based courses can be completed through the intranet by utilizing a Department

computer or off-site through the internet utilizing a personal computer.

1. Employees will not give access to the training website or material to anyone

without approval of the Training commander or designee.

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2. Courses will consist of training content followed by an exam. To receive credit

for the course, employees must successfully pass the exam. Upon completion,

course information and exam score will be electronically transmitted to the

Training Academy.

942.4.3 SHIFT BRIEFING TRAINING

Shift briefing training is a technique that may supplement other training. Shift briefing training is

a useful element of agency training if it is well managed and supervised. The goal of this training

should be to keep officers up-to-date between formal training sessions.

(a) This training is usually conducted by the shift sergeant or corporal but may include

other personnel from other units (e.g., Communications, Forensics).

(b) This training shall be designed with enough flexibility as to fit into a short and succinct

time period.

1. Shift briefing training will generally be less than one hour in duration and will be

credited as Department training.

2. At times, the Training Division may supply lesson plans for instruction for

shift briefing training. If the training qualifies for TCOLE credit, the instructor

shall follow the "Guidelines for Conducting a Continuing Education Course"

established in this order.

942.4.4 TRAINING FOR NEWLY PROMOTED EMPLOYEES

All newly promoted employees shall be required to participate in mandated training appropriate

for their new position/rank.

(a) Whenever possible, this training will occur prior to promotion. However, if this is not

feasible, the training will occur within the first year following the date of promotion.

(b) The training may be provided directly by the Department or through another source.

1. The Training Academy will assist sworn employees and the employees' next-

level supervisors in identifying appropriate training and locating sources for

instruction applicable to the new rank.

2. APD-HR will assist civilian employees and the employees' next-level supervisors

in identifying appropriate training and locating sources for instruction applicable

to the new position.

942.4.5 PROFESSIONAL DEVELOPMENT TRAINING REQUIREMENTS

APD's professional development training requirements were established to provide incumbent

and future lieutenants and commanders with a specific curriculum that must be completed during

their tenure in a rank. The following mandatory training specifies the requirements that must be

achieved at both levels during an officer's tenure as a lieutenant and commander.

(a) Within three years of being promoted to the rank of lieutenant or commander, an officer

must be enrolled in an APD approved long-term management school. The Training

Academy will maintain a list of approved courses. Assistant chief approval is required

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for any substitutions including attendance to a management school that is not on the

approval list.

(b) Lieutenants and commanders must also attend and successfully complete additional

APD sponsored courses as determined by Executive Staff and the Training Academy.

approved management courses. Selections will be based upon consideration of all of

the following factors:

1. The individual's development needs.

2. The individual's span of control.

3. Previous management training.

4. Tenure in position.

5. Plans for the individual to assume more leadership responsibility.

6. Budgetary constraints.

942.5 GUIDELINES FOR CONDUCTING A CONTINUING EDUCATION COURSE

All internal and external training must be coordinated through the Training Academy. These

guidelines shall be followed when any APD instructor or outside source instructor is providing

Department approved training to APD personnel, regardless of whether TCOLE credit is being

requested. For additional information contact the Continuing Education Unit (CEU).

(a) Thirty (30) days prior to the start of any training course provided to APD personnel,

the CEU supervisor or designee needs the following items electronically (e.g., CD,

DVD, email):

1. Course Lesson Plan.

2. Course Agenda/Schedule/Outline.

3. Power Point presentation. If there are any audio or video clips embedded in the

Power Point, a CD/DVD must be made of the entire presentation and sent to

the CEU.

4. Any course handouts (e.g., pamphlets, diagrams, instructor evaluations).

5. A VITA/bio for each person providing any instruction as part of the class/course.

6. TCOLE or other roster.

(b) Within 5 days after completion of a course, an instructor must:

1. Email the completed roster to the CEU; and

2. Send the original roster with signatures to the APD Training Academy.

of the required materials due to intellectual property or proprietary interest reasons

(e.g., copyright), the instructor must provide written documentation on company

letterhead to the CEU supervisor or designee thirty (30) days prior to the start of any

training course to include:

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1. The reason why the required materials cannot be provided to APD; and

2. A guarantee the instructor shall provide the materials to TCOLE upon request

by TCOLE.

942.6 TRAINING ADVISORY BOARD

The Training Advisory Board serves to review the training practices of the Department and to

make recommendations to the Chief of Police regarding needed changes in curriculum, general

orders and direction, and meeting the guidelines for procedure, purpose and reporting, as directed

by TCOLE.

942.7 ADJUNCT INSTRUCTORS AND AUXILIARY PERSONNEL

Sworn APD units may recruit, train, and maintain a cadre of adjunct instructors and auxiliary

personnel to assist the Unit with training and operational needs. Adjunct instructors and auxiliary

personnel process and procedures will be outlined in the specific unit's SOPs. Adjunct instructors

and auxiliary personnel may be of any rank, if not otherwise specified by the unit SOP.

(a) The supervisor of a unit that maintains adjunct instructors or auxiliary personnel is

responsible for ensuring that personnel meet the requirements outlined in this order

and their unit SOPs and receive necessary training and certifications required to

perform their duties.

(b) Adjunct instructors and auxiliary personnel, regardless of rank, are responsible for

following the directions of the Unit supervisor or course instructor. Service as an

adjunct instructor or on an auxiliary team is a secondary duty.

must first receive approval to participate from their regular chain-of-command.

942.8 EMPLOYEE TRAINING RECORDS

The Training Division is responsible for the creation, filing and storage of all training records

in compliance with TCOLE standards using the Texas Commission on Law Enforcement Data

Distribution System for sworn peace officer records. Training records shall be retained as long as

the employee's personnel file is retained.

942.9 TRAINING PROCEDURES

For purposes of attendance, all training is considered on-duty and thus falls within compliance

for time and attendance.

(a) Employees assigned to attend training shall attend unless excused by their immediate

supervisor. Excused absences from mandatory training should be limited to:

1. Court appearances.

2. Approved personal leave.

3. Sick leave.

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4. Physical limitations preventing the employee's participation.

5. Emergency situations.

(b) Employees unable to attend a mandatory training shall:

1. Notify their supervisor as soon as possible, but no later than one hour prior to

the start of training.

2. Notify the course instructor or Training Academy/APD-HR, if possible.

3. Make arrangements through their supervisor and the Training Division/APD-HR

to attend an alternate date.

4. Update their attendance status for any missed training.

942.9.1 ADDITIONAL GUIDELINES

(a) Approval for special assignment to attend a school, conference or seminar at the

employee's own expense may be given provided the appropriate selection procedures

have been followed. The supervisor approving the school may also authorize the

special assignment.

(b) Prior approval must be submitted on PD0224 and approved by the APD Budget

Committee and the employee's assistant chief/director for any training that includes

one or more of the following elements:

1. Department funds are to be expended for travel, tuition, incidentals, and/or

meals (including third party paid or reimbursed training).

2. Overnight travel is required (including third party paid or reimbursed travel).

3. More than two (2) City vehicles are to be used for transportation.

4. There is reason to believe that the training may conflict with established orders.

Orders when the duration of the actual training hours, including travel for out-of-town

trips, exceeds forty (40) hours in one week.

1. Training conducted locally will not be eligible for travel/per diem expenses.

2. Training conducted out-of-town may be eligible for travel/per diem

reimbursement but only with prior approval.

(d) If prior approval is obtained from the employee's commander/manager to use a

privately owned vehicle, mileage will be paid at the current City rate.

(e) Employees wanting to receive cash advances must submit the request to the APD

Budget Committee at least four (4) weeks in advance of departure.

1. Monies advanced for travel will be on an individual basis.

2. Each person will be responsible for submission of their own travel vouchers upon

completion of the travel and/or training.

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3. Due to timing constraints, travel advances may not be available for issue prior

to department. In such cases, employees will be reimbursed upon their return

through the travel claim process.

942.9.2 DRESS CODE

Employees will attend training, conferences, and seminars in uniform or authorized plain clothes

attire.

(a) A polo-type shirt is considered part of the authorized plain clothes attire while attending

training.

(b) The coordinator or sponsor of the training may direct an employee to wear other

attire that is more appropriate to unusual training activities or conditions (e.g., tactical

courses, physical training, maintenance/repair course).

shoes) for training conducted at APD facilities.

942.9.3 LODGING

All requests must be submitted on form PD0224 and approved by the APD Budget Committee.

(a) All employees attending approved out-of-town training and/or required travel will be

authorized their own single occupancy room.

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Austin Police Department

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Smoking/Tobacco Use - 701

Smoking/Tobacco Use

946.1 PURPOSE AND SCOPE

The U.S. Surgeon General has determined that second-hand smoke is hazardous to one's health.

Tobacco products may also be offensive to employees and the public.

946.2 POLICY

(a)

Employees shall not use tobacco products (e.g., cigarettes, chewing

tobacco, electronic cigarettes) while engaged in official police business with the public

or in any City building or City vehicle.

This provision does not apply when conducting a custodial interrogation in an

interview room, which is designated as a smoking area in accordance with the

City ordinance and when the person being interrogated is also a user of tobacco.

(b)

Employees who smoke or use electronic cigarettes on-duty while working at a

Department facility must do so during authorized breaks and in designated smoking

areas.

(c)

Employees shall not use tobacco products in the sally port and shall not carry tobacco

products into the booking area of any jail facility.

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Austin Police Department

General Orders

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Secondary Employment - 702

Secondary Employment

949.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines for employees who work overtime. Secondary

employment is a privilege, not a right. While allowing employees to pursue legitimate sources of

supplemental income, it is imperative to maintain an agency in which its employees are physically

fit and mentally alert. Additionally, the appearance of impropriety must be avoided. The Chief, or

designee, reserves the right to approve, deny, revoke, add restrictions or allow exemptions to any

provision of this order.

949.1.1 DEFINITIONS

For purposes of this order, the following definitions apply:

(a) Department Overtime - As defined in General Order 955.1.1; which by definition does

not include court overtime, late calls, overtime related to workload, or emergency

holdovers.

(b) Secondary Employment - Any employment where the employee works directly for an

individual or business other than the Austin Police Department, either law enforcement

related or non-law enforcement related.

1. Law Enforcement Related Employment (LERE) - Any secondary employment

that is conditioned on the actual or potential use of law enforcement powers by

the officer (e.g., private security contracts).

2. Non-Law Enforcement Related Employment (Non-LERE) - Any secondary

employment that is not conditioned on the actual or potential use of law

enforcement powers by the off-duty employee (e.g., lawn care business, real

estate agent).

1. Involves an assembly of 100 or more individuals at a city facility, other than the

Austin Convention Center, Long Center, or Palmer Events Center;

2. Impedes, obstructs, impairs, or interferes with normal vehicular or pedestrian

traffic on a city street, sidewalk, alley, walkway, or other city public right-of-

way other than as permitted under Austin Code of Ordinances Chapter 14-8

(Temporary Closure for a Right-of-Way Event); or

3. Is temporary, involves an assembly of 100 or more individuals, and is

inconsistent with the permanent use to which the property may legally be put,

or the occupancy levels permitted on the property, and includes one of the

following:

(a) Set up of temporary structures including, but not limited to, tents, stages,

or fences;

(b) Sound equipment as defined in Austin Code of Ordinances Section 9-2-1

(Definitions); or

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(d) Supervisor - Includes the rank of Sergeant and above.

(e) Manager - Includes the rank of Lieutenant and above.

949.2 SPECIAL EVENTS

The Special Events Commander will have discretion on whether a special event as defined in

this order will be required to be coordinated by APD Special Events or whether an employee may

hold the contract.

(a) All sworn employees who are authorized to work secondary employment and who

meet the tenure requirements outlined in this order may be allowed to work any

secondary employment that has an approved contract on file with the APD Special

Events Unit.

1. It is the individual employee's responsibility to confirm that there is a valid

contract on file with APD Special Events.

(b) Employees applying to be the contract holder on special events approved by the

Special Events Commander as employee held contracts must meet the requirements

outlined in this order and follow the application approval process.

be approved as employee held contracts may continue to hold the contract as long as

they maintain ownership of the contract. These types of contracts will be turned over to

the APD Special Events Unit when the employee holding the contract no longer wishes

to be the contract holder, no longer works for the Department, or at the discretion of

the Chief or designee.

949.3 SECONDARY EMPLOYMENT QUALIFICATION REQUIREMENTS

All LERE secondary employment must be within Austin Police Department's jurisdiction.

949.3.1 TENURE REQUIREMENTS FOR SECONDARY EMPLOYMENT

The following tenure requirements apply to individuals who wish to work secondary employment

unless otherwise approved by the Chief or designee.

(a) Police Cadets will not engage in any type of secondary employment or department

overtime as defined by General Order 955.1.1.

(b) Sworn employees must have the following tenure requirements prior to working

secondary employment:

1. Non-LERE - At least six (6) months from the date of commissioning with APD.

2. LERE - At least one (1) year from the date of commissioning with APD unless the

employee graduated from a modified academy in which case they may engage

in LERE after six (6) months from the date of commissioning with APD.

3. Probationary Police Officers or officers assigned to the Field Training Program

will not engage in department overtime as defined by General Order 955.1.1

unless they are in Solo Phase.

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not hold a secondary employment contract for LERE unless:

1. The contract is for a courtesy officer at an apartment complex which the applicant

resides; and

2. The applicant is the sole employee for that contract.

(d) Civilian employees do not have a City tenure requirement to apply for secondary

employment.

949.3.2 CONTRACT HOLDER RANK REQUIREMENTS

Any sworn employee that is approved to work secondary employment and who meets the

requirements of this order may be the contract holder of an approved secondary LERE contract

with the following exceptions:

(a) A supervisor shall be the contract holder when four (4) or more officers are likely to

have to work simultaneously at the same location. A corporal or detective may not

function as a supervisor for this requirement.

(b) A manager, as defined in this order, shall be the contract holder when 20 or more

officers are likely to work simultaneously at the same location.

949.3.3 SECONDARY EMPLOYMENT AS A COURTESY OFFICER FOR APARTMENT

COMPLEX

(a) Officers receiving discounted rent in exchange for service as a courtesy officer are

considered to be working an LERE assignment. Officers are prohibited from accepting

discounted rent or reduced rental rates in exchange for these services unless all

secondary employment paperwork has been submitted and approved.

(b) Courtesy officers shall confine their duties to those of a law enforcement nature.

Notifications of evictions, collection of rent, bad checks, and enforcement of complex

rules, regulations or policies that are not violations of the law are strictly prohibited.

employment packet even when multiple officers work at the same location.

949.4 SECONDARY EMPLOYMENT APPLICATION PACKETS

949.4.1 SECONDARY EMPLOYMENT APPLICATION FORMS

All forms associated with this order can be found in electronic form at G:\Public\Public Data for

APD Only\Approved APD Forms\Secondary Employment Forms.

(a) Application for Secondary Employment (PD0036) – This form shall be completed

for each new business or prospective employer that wishes to hire an APD

employee. All secondary employment contracts are valid for a maximum of two (2)

years from the effective date.

1. Only one individual employee shall complete the Application for Secondary

Employment contract as the contract holder when attempting to establish a new

secondary employment agreement with a business or prospective employer,

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when renewing an existing secondary employment contract, or when taking over

as the primary officer of the contract.

2. A contract must be on file for each business or event an APD employees wishes

to work.

3. For events permitted by the City of Austin, the Application for Secondary

Employment will be completed with the primary promoter of each event, not a

sub-contractor, as the business name.

(b) Secondary Employment Cancellation Form (PD0036A) – This form should be

completed when an employee wishes to cancel a secondary employment contract

prior to the expiration date.

additional form is required for all secondary LERE employment, other than Department

overtime.

(d) Apartment Complex Courtesy Officer (PD0036C) – This form is required to

be completed by the property owner/manager when an employee is engaged in

secondary employment as a courtesy officer.

(e) Overtime Log (PD0036D) – This is a log of all overtime worked by sworn

employees. The log will be maintained by unit supervisors and saved in a network

group folder.

(f) Secondary Employment Revocation Form (PD0036E) – This form may be

submitted by any supervisor in the officer’s chain-of-command that believes revocation

of a secondary employment contract is in the best interest of the Department.

(g) Secondary Employment Exemption Request (PD0295) – This form is used when

an employee wishes to work for a nationally known or recognized organization, such

as, Wal-Mart or Best Buy, and the hiring manager/supervisor refuses to provide their

personal information for the background check through RTCC. This form takes the

place of the Secondary Employment Application Request and must be sent through

the chain-of-command to the Chief of Police for approval.

(h) COA Secondary Employment Acknowledgement Form (PD0301) – This form shall

be completed and submitted to APD Human Resources by civilian employees after

receiving chain-of-command approval to work secondary employment.

949.4.2 SECONDARY EMPLOYMENT APPLICATION PACKETS

The following forms are required for each application packet listed below.

(a) Law Enforcement Related Employment (LERE) Application Packet:

1. Application for Secondary Employment (PD0036); and

2. Master Liability Agreement for LERE Secondary Employment (PD0036B).

(b) Courtesy Officer Secondary Employment Packet:

1. Application for Secondary Employment (PD0036);

2. Master Liability Agreement for LERE Secondary Employment (PD0036B); and

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3. Apartment Complex Courtesy Officer (PD0036C).

without Exemption Request:

1. Application for Secondary Employment (PD0036).

(d) Sworn Non-Law Enforcement Related Employment (Non-LERE) with Exemption

Request:

1. Secondary Employment Exemption Request (PD0295).

(e) Civilian Secondary Employment Application Packet without Exemption Request:

1. Application for Secondary Employment (PD0036); and

2. Civilian Secondary Employment Acknowledgement Form (PD0301).

(f) Civilian Secondary Employment Application Packet with Exemption Request:

1. Secondary Employment Exemption Request (PD0295); and

2. Civilian Secondary Employment Acknowledgement Form (PD0301).

949.5 SECONDARY EMPLOYMENT APPLICATION PACKET PROCESS

Secondary employment requests must be approved by the Department. All applications must first

be sent to the Real Time Crime Center (RTCC) for a background check unless an APD Secondary

Employment Exemption Request (PD0295) has been completed and approved.

Secondary employment requests originating from the Austin Police Association (APA) will be

handled by the APA president and approved by the Staffing Lieutenant. Officers working

secondary employment through the APA will not need to submit an application.

Denied applications may be grieved according to General Order 904 Grievance Procedures.

The Chief of Police has final authority in decisions to accept or deny any prospective employer/

business.

Secondary Employment Application Packets will be processed in the following order:

(a) APD Real Time Crime Center (RTCC):

1. The applicant will email the Secondary Employment Application Packet to the

RTCC at [email protected]. The RTCC will confirm the location

of the LERE secondary employment is within Austin Police Department's

jurisdiction. Additionally, the RTCC will conduct a background investigation for

the business, owner(s), and/or prospective employer(s) to identify if they are

found to have been:

(a) Convicted of any felony;

(b) Affiliated with persons known to have a criminal record; or

2. The RTCC will electronically process the application in the following manner:

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(a) Properly completed applications that were denied will be emailed to:

1. [email protected] for sworn employees. The

applicant and their supervisor will be copied on the email; or

2. The applicant and their supervisor for civilian employees.

(b) Properly completed applications that were approved will be returned to the

applicant by email.

(b) Applicant Chain of Command:

1. Applicants are responsible for emailing the approved application packets or

exemption requests to their immediate supervisor for review.

(a) Supervisors should not sign any Secondary Employment Application

unless it has been reviewed and approved by the RTCC.

(b) Supervisors will ensure the type of secondary employment falls within the

guidelines of Department General Orders.

2. Supervisors will email approved application packets or exemption requests to

the next level supervisor and up the chain-of-command as follows:

(a) For officer, detective, corporal, or sergeant applicants, as well as

non-sworn equivalents, approval must proceed up to the appropriate

commander or non-sworn equivalent.

(b) For lieutenant and commander applicants, as well as non-sworn

equivalents, approval must proceed up to an assistant chief or assistant

department director.

up to the Chief of Police.

3. Applications and exemption requests approved by the applicant’s chain of

command are handled as follows:

(a) The highest-ranking member of the chain of command will forward the

application packet or exemption request to the employee's immediate

supervisor.

(b) Immediate supervisors shall retain a copy of all paperwork and :

1. Email sworn application packets and exemption requests to

APD Special Events at [email protected].The

applicant will be copied on the email.

2. Email civilian application packets and exemption requests to Human

Resources at [email protected]. The applicant will be

copied on this email.

4. Applications denied by anyone in the chain-of-command will be handled by the

immediate supervisor as follows:

(a) Ensure that the paperwork is clearly marked as "DENIED" with an

explanation as to the reason;

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(b) Retain an electronic copy of all paperwork; and

1. Email sworn application packets and exemption requests to

APD Special Events at [email protected].The

applicant will be copied on this email.

2. Email civilian application packets and exemption requests to the

applicant.

1. The APD Special Events Unit will confirm that the secondary employment

application packet has all the necessary documentation filled out accurately,

and:

(a) Email the approved application to the employee and give the employee

the effective date; or

(b) Return the application to the chain-of-command if an issue is found with

the application.

2. All secondary employment packets will be retained for the contract length plus

one year.

949.5.1 SECONDARY EMPLOYMENT ORIGINATING FROM THE AUSTIN POLICE

ASSOCIATION (APA)

There are instances in which requests for LERE originate from the APA. In emergency situations,

the Commander of Special Events may grant interim approval for LERE requests originating from

the APA.

(a) APA representatives will adhere to the following procedure when requesting LERE

interim approval in emergency situations.

1. APA representatives will contact the Commander of Special Events and explain

the circumstances surrounding the emergency situation that requires LERE.

2. If the Commander of Special Events determines the situation is an emergency

that requires LERE, they will contact the RTCC and request that the required

background investigation be expedited to meet the needs of the emergency

situation that requires LERE.

3. The APA representative will then complete a Secondary Employment

Application and deliver it to the RTCC in order to conduct the background

investigation.

4. Once the background investigation is completed, the APA representative will

contact the Commander of Special Events and inform them that the application

was approved by the RTCC.

5. The Commander of Special Events will then give verbal approval to the APA

representative granting interim approval for the emergency situation requiring

LERE.

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6. The Commander of Special Events will then send an email to the APA

representative giving them two (2) work days to complete and turn in the required

paperwork found in section 949.3.4 of this order.

(b) Interim approval will not be granted for any application denied by the RTCC. Any

applications denied by the RTCC will be processed in accordance with this order.

approval for LERE in emergency situations; however, they may delegate this authority

to their designee.

(d) For purposes of this order and procedure, an emergency is any situation that is a

sudden, unexpected, or impending situation that may cause injury, loss of life, damage

to or theft of property, and/or interference with the normal activities of any entity (real

or perceived) and which, therefore, requires an immediate law enforcement presence.

Examples of emergency situations include, but are not limited to, the following:

1. The bank manager of a bank that was robbed is requesting to hire officers in

an LERE capacity.

2. A business is requesting to hire officers in an LERE capacity to provide security

after a recently terminated employee has threatened violence in retaliation.

3. A business is requesting to hire officers in an LERE capacity to provide security

after a power failure has left hundreds of thousands of dollars in property

vulnerable to theft.

949.5.2 CANCELLING A SECONDARY EMPLOYMENT APPLICATION

Employees who wish to cancel any secondary employment contract they are on prior to the

expiration date of the contract must complete the required Secondary Employment Cancellation

form (PD0036a).

(a) The effective date of cancellation shall not be prior to the date the employee is

submitting the cancellation form.

(b) Cancellation forms shall be retained by APD Special Events Unit for one year from

the date of cancellation.

949.6 SECONDARY EMPLOYMENT GUIDELINES AND RULES

All employees shall abide by the following guidelines when working secondary employment:

(a)

An employee's first duty is to the City and the Department. An employee will respond

to any order to return to duty when issued by a supervisor, even if the employee is

working secondary employment when called.

(b)

A sworn employee's primary responsibility is the enforcement of state laws and city

ordinances. Sworn employees are reminded of the Code of Ethics and Oath of Office

which shall not be circumvented by any secondary employment agreement.

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Sworn employees engaged in secondary employment work will not refuse to

assist any resident requesting reasonable law enforcement assistance. Officers

are expected to take any necessary action to assist residents in this capacity.

(c)

Employees performing secondary employment are subject to the same rules and

regulations as if they were on-duty.

(d) Employees performing secondary employment are required to notify their immediate

supervisor regarding any acts of potential misconduct and/or disciplinary actions taken

against them related to their secondary employment.

(e)

Employees shall honor all subpoenas, even when the subpoenas create a scheduling

conflict with the secondary employment assignment.

Employees shall be required to take personal leave for any civil trial resulting

from secondary employment that is held during the employee's regularly

scheduled workday; However, sworn employees may be placed on Special

Assignment by their supervisor if the civil trial is a result of a police related matter.

(f)

Only the secondary employer is allowed to pay an employee for secondary

employment. Cash payments from an employer are prohibited. All payments will

be made by check, PayPal, electronic transfer, direct deposit, or other electronic

method approved by the Special Events Commander, and must be executed from

the employer to individual employees. One employee may pick up and distribute all

checks but under NO circumstances shall any employee accept cash payments.

(g)

Employees serving as coordinators of secondary employment assignments shall act

only as an administrative liaison between the secondary employer and the other

employees working for the employer.

Coordinators shall not exercise hiring or firing authority over other employees

working for the secondary employer. Only employers may hire or terminate

employees.

Coordinators shall not receive any fee or other remuneration from other

employees for any action as the coordinator.

Coordinators shall maintain schedules of dates/times worked by officers for a

minimum of 6 months.

(h)

Employees will report any alleged act of potentially significant misconduct by another

employee engaged in secondary employment to that employee's chain-of-command

or Internal Affairs.

949.6.1 UNIFORM AND EQUIPMENT REQUIREMENTS

(a) Unless approved by Special Events Commander, sworn employees will work special

event LERE assignments in their patrol uniform (no specialized unit uniforms allowed)

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and carry department issued equipment that is normally worn with the officer's patrol

uniform (e.g., radio, baton, OC, handcuffs).

1. Officers will carry the necessary forms and citations reasonably required for the

assignment.

(b) Employees working non-LERE assignments will not use any department issued

equipment or uniform.

while engaged in any secondary employment outside the corporate city limits of Austin

unless approved by the Chief or designee.

(d) Commanders may approve plain clothes LERE assignments:

1. If at least two (2) officers are assigned when police enforcement or intervention

is likely (e.g., focus is targeting criminal behavior, at a congested public place

where crime is likely); or

2. If one (1) officer is assigned when police enforcement or intervention is not likely

(e.g., weddings, apartment courtesy officer).

(e) Police vehicles will not normally be used for secondary employment unless assigned

through the Special Events Unit as department overtime.

1. If a police vehicle is needed:

(a) Approval for the police vehicle(s) to be used for secondary employment

must be obtained from the Chief of Police or designee; and

(b) The police vehicle must be equipped with emergency lights and siren.

2. In situations where use of a police vehicle by an employee has been approved,

the secondary employer must agree to:

(a) Pay applicable vehicle rental fees as outlined in the City of Austin's

currently adopted fee schedule; and

(b) Obtain and show proof of "hired and non-owned" vehicle coverage in the

amount not less than One Million Dollars ($1,000,000) per accident.

949.6.2 RESTRICTIONS AND PROHIBITIONS

The following section contains the restrictions and prohibitions on secondary employment.

(a) Unless approved by the employee's assistant chief, employees are restricted from the

following:

1. All employees are prohibited from working LERE secondary employment while

on Limited Duty, Extended Limited Duty, Restricted Duty, Administrative Duty,

Suspension, or Extended Leave.

(a) Employees on Restricted Duty, Administrative Duty, or Suspension who

observe conduct that requires a police response will call for an on-duty

unit to handle the situation.

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(b) Employees that work as a courtesy officer may be exempted from this with

the permission of the assistant chief or designee.

2. All employees are prohibited from working Non-LERE secondary employment

that is inconsistent with any limitations or restrictions placed on the employee

while on Limited Duty, Extended Limited Duty, Restricted Duty, or Extended

Leave.

(a) Sworn employees may request to work Non-LERE secondary employment

by following the procedures outlined in General Order 958 (Limited Duty,

Return to Work, and Pregnancy).

3. All employees are prohibited from working any secondary employment the same

day the employee has failed to report for regular duty due to an illness or injury.

4. Employees are prohibited from performing any secondary employment during

on-duty hours.

5. Prohibition to work secondary employment will be determined by the employee's

commander or civilian manager.

(b) Employees are prohibited from accepting or engaging in any secondary employment

that might conflict or interfere with an employee's duty and responsibility to the

Department.

accept, any secondary employment while on-duty or in uniform.

(d) No one above the rank of commander will work LERE, or coordinate or schedule the

work of other employees involved in LERE work.

(e) Employees may not engage in any type of secondary employment which may:

1. Render the employee unavailable to respond during an unanticipated

emergency; or

2. Physically or mentally exhaust the employee to the point that the employee's

performance is affected; or

3. Require any special consideration for scheduling the employee's regular duty

hours; or

4. Bring the Department into disrepute or impair the operation and/or efficiency of

the Department; or

5. Bring the employee into disrepute or impair the employee's effectiveness.

(f) Confidential information obtained by the Department or in an employee's official

capacity with the Department may not be used in any secondary employment unless

the information is used in connection with law enforcement duties. This provision does

not constitute an exception to any confidentiality requirements contained in law or

other Department orders and regulations.

(g) Sworn employees will not perform LERE outside the corporate city limits of Austin

unless approved by the Chief or designee.

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(h) Employees shall not be permitted to obtain a permit or license from the Texas Board

of Private Investigators and Private Security Agencies.

(i) Sworn employees shall not be permitted to be a deputy or hold a commission from

any other law enforcement agency (e.g., local, state, federal).

(j) APD employees working secondary employment will not impound or tow vehicles from

Special Event Temporary No Parking Zones.

(k) Employees acting as landlords, property owners, or property managers will limit any

civil process to the filing of and responding to court process.

1. An employee may not personally take any further action including, but not limited

to the following:

(a) Enter a property to seize an item

(b) Change a lock to deny tenant access, or

2. An employee may hire another non-APD employee to perform any action

allowed under an agreement or by law.

(l) Patrol Officers, while on-duty, shall not self-initiate or self-assign a response to any

property for which they are employed as a courtesy officer unless dispatched to that

location by Communications, authorized by an APD supervisor, or the call is a Priority

1 or Hot Shot.

1. Nothing in this section prohibits an employee from taking action when required

by law or departmental general orders.

(m) Authorization for secondary employment privileges of any employee may be revoked

at any time by any supervisor in the employee's chain-of-command when an APD

Secondary Employment Revocation Form (PD0036e) is completed documenting

specific evidence that such action is in the best interest of the Department.

1. After the employee initials the notice of revocation, a copy of the Revocation

Form will be given to the officer. A copy of the Revocation Form will be

maintained by the immediate supervisor and the original forwarded to the APD

Special Events Unit.

2. APD Special Events Unit will log this info into the Special Event Unit Secondary

Employment Database. Any supervisor wishing to obtain information regarding

a revoked application, may call or email the Special Event Unit sergeant and

obtain that information.

(n) The following are examples of some grounds for revocation of secondary employment

privileges. This list is for example purposes only, and is not intended to be all inclusive:

1. Apparent abuse of sick leave.

2. Sleeping or being inattentive on-duty.

3. Tardiness due to conflicts in work schedules.

4. Damage to the reputation of the Department.

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5. Acts of misconduct associated with the secondary employment.

6. Repeated physical injuries incurred during secondary employment.

7. Evidence of debilitating stress from the secondary employment.

8. Any conflict of interest that may develop or become known after approval of the

employment was granted.

9. Failure to comply with the TCOLE's firearm's qualification standards will result

in suspension of secondary employment privileges until the standards are met.

(o) Officers will not inquire into the immigration status of a person while the officer is

engaged in a secondary employment contract with:

1. A hospital or hospital district.

2. A school district or open-enrollment charter school.

(p) Officers working secondary employment for a hospital, school district or open-

enrollment charter school shall not provide assistance to ICE for operations

unless exigent circumstances exist which require an immediate intervention of law

enforcement to protect public safety.

(q) Officers working any secondary employment shall not provide assistance to ICE for

operations at a place of worship unless exigent circumstances exist which require an

immediate intervention of law enforcement to protect public safety.

949.6.3 PROHIBITED TYPES OF SECONDARY EMPLOYMENT

Employees shall not work for, or engage in, the following types of secondary employment:

(a) A bad check or bill collector.

(b) A repossession agent or agency.

(d) Any other employment in which law enforcement authority might be used to collect

money or merchandise for private purposes.

(e) Where it is expected the employee will enforce company policies or rules (commonly

known as "house rules").

(f) A bouncer.

(g) A bar or other establishment or event where liquor, beer, or other alcoholic beverages

are sold and consumed on premises and the sale of alcohol is the principal source

of income.

1. The Department shall have the absolute discretion to determine which

businesses, establishments or events fall within this section.

2. This includes contracting with a leasing company for "strip centers" where a bar

or other such drinking establishment is a tenant, and the obvious reason for the

need of officers is due to that tenant.

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3. This section does not normally apply to businesses (e.g., restaurants, bowling

alleys) whose primary source of income is not from the sale of alcohol.

4. This section does not apply to City owned facilities, City sponsored events, or

APD coordinated assignments.

(h) Any employment which involves the manufacture or transportation of alcoholic

beverages as the principal business.

(i) A courier of monies, jewels, bonds, securities, or other things of value, except as

additional security for such a person or business.

(j) A pawnshop.

(k) A sexually oriented business.

(l) Protection of management, employees, or property during a strike or labor dispute.

(m) For a business or labor organization that is on strike (e.g., "strike buster").

(n) For any person or organization which advocates hatred, prejudice, or oppression

of any racial, ethnic, gender or religious group, or which disseminates defamatory

materials.

(o) By political parties or employment that favors one candidate over another.

(p) Any business or establishment in which gambling is the principal business.

(q) By an employer known to engage in criminal activity.

(r) Any individual, firm, association, company, partnership, corporation or other entity

which holds a license or permit from the Texas Board of Private Investigators and

Private Security Agencies. Exceptions to this will be reviewed on a case-by-case basis

by the Chief or designee.

949.7 SPECIFIC SECONDARY LERE GUIDELINES

(a) While working a LERE assignment, employees will notify APD Communications of:

1. The LERE assignment location; and

2. Hours of the assignment (on-duty and off-duty times); and

3. Immediate contact information (e.g., mobile and/or radio number); and

4. If the assignment is in uniform or plain clothes. Employees in plainclothes will

provide a description of their attire and the nature of the assignment.

(b) LERE contract holders will be held responsible for ensuring the guidelines of this order

are followed and the event is properly managed and supervised.

1. Secondary employment contract holders are responsible for sending a copy

of their assignment rosters and security plan that have been approved by the

APD Special Events Unit for any City Permitted assignment to the APD Watch

Lieutenants and to APD Communications.

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949.7.1 SAFETY PLAN REQUIREMENTS FOR EVENTS PERMITTED BY THE CITY OF

AUSTIN

(a) Employees holding an approved Application for Secondary Employment contract for

any event permitted by the City of Austin will coordinate the assignments with the APD

Special Events Unit.

1. Unless approved by the Special Events Commander, the APD contract holder

will provide a security plan, using the APD ICS 208A Safety Message/Plan for

Secondary Employment During Special Events, for review and approval by the

Special Events Unit with all of the following no later than seven (7) days prior

to the event:

(a) An outline of the date, times, and location of the event.

(b) The number of LERE assignment officers and supervisors working the

event, including the length of the shifts.

(d) The name of the APD point-of-contact for the officers working the event.

(e) The communication plan for officers assigned to the event.

(f) Evacuation plan for attendees and event staff (in the event of a critical

incident, or weather related incident.)

(g) Any additional information requested by the Special Events Commander.

2. Should an APD contract holder fail to turn in a valid security plan within seven

(7) days prior to the event, the event will be staffed by overtime officers hired

through the Special Events Unit.

3. Within ten (10) days after the conclusion of the event, the contract holder will

provide the Special Events Unit with a detailed after action report concerning

the event using the APD After Action Report form. The report will include any

issues or incidents that occurred.

4. The Special Events Unit will retain the security plan and after action report for

one year.

5. Contract holders who work for promoters that manage simultaneous events at

multiple sites must complete an APD ICS 208A for each site. Completing one

safety plan for multiple locations is prohibited.

(b) APD officers working LERE assignments at road closures or officer-controlled

intersections will be hired through the City of Austin. However, small events that do not

require more than one block of a single-road closure, excluding bridges and multiple-

lane roads with 3 or more lanes, may be worked through an employee held contract.

outlined in this order.

(d) APD contract holders may be required to attend any and/or all applicable event

planning meetings, along with Special Events Unit coordinators, as deemed necessary

by the Commander of the Special Events Unit or their designee.

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949.7.2 OFFICERS WORKING LERE FOR CAPITAL METRO

Officers working LERE for Capital Metro as Transit Police Officers must follow these guidelines.

(a) Officers may respond to calls at Capital Metro properties and/or railroad service calls

within the Capital Metro Service Area, including those Capital Metro Properties and

railroad right-of-ways outside of the corporate city limits of Austin.

1. Officers who are outside the corporate city limits of Austin shall act primarily as a

liaison between the local law enforcement agency and Capital Metro. The local

law enforcement agency having jurisdiction is primarily responsible for enforcing

state laws and/or city ordinances, as applicable.

2. Officers working LERE for Capital Metro in these areas outside of Austin may

take law enforcement action for felonies, violations of Chapter 42 and 49 of

the Texas Penal Code, and breaches of the peace occurring within the officer’s

presence or view.

(b) A supervisor is not required if more than three (3) officers are patrolling different

areas. However, if there are more than three (3) officers at the same location, an APD

supervisor working Capital Metro must be present.

working the shift will assume incident command. For purposes of this section, a critical

incident refers to large scale incidents, such as, Train/Vehicle or Train/Pedestrian

incidents.

949.7.3 SPAN OF CONTROL FOR LERE

(a) Required number of officers:

1. The number of officers and supervisors required for any City Permitted event

will be determined by the Special Events Unit.

2. A minimum of two (2) officers must be present at all times for any City Permitted

assignment where alcohol is sold or served.

(b) Required number of supervisors:

1. When four (4) or more APD officers are simultaneously engaged in LERE at the

same location, a supervisor, sergeant or above, must be present.

(a) No supervisor will supervise more than ten (10) officers.

(b) Supervisors must be present at the job site at all times.

as the supervisor-in-charge and be responsible for the actions of all

officers working at that time. Designation of the supervisor in charge can be

as assigned by the person scheduling the event or by agreement among

those supervisors involved.

(d) When four (4) or more supervisors are needed simultaneously at the same

location for a LERE assignment, a lieutenant or above is required to be

present at the job site at all times.

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General Orders

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2. The Chief or designee may authorize the assignment of up to five (5) officers for

a LERE assignment related to traffic control (e.g., road closure) without utilizing

a supervisor; However, when more than five (5) officers are simultaneously

engaged in LERE at the same location, regardless of the event, a supervisor

must be present.

949.7.4 SUPERVISOR REQUIREMENTS

(a) Corporals/Detectives may not be hired to work LERE in a supervisory role.

(b) Supervisors will not work any secondary employment where a subordinate employee

in their direct chain-of-command holds the contract.

subordinate role to an officer of a lower rank without prior approval of the Chief or

designee.

(d) The coordinator will work with the supervisor (designated supervisor-in-charge) on

placement of employees at the LERE site. At no time should supervisors (designated

supervisor-in-charge) be placed in a position where they are unable to monitor the

operation of the assignment of all officers.

949.7.5 LIMITATION ON LERE HOURS WORKED

(a) Employees shall not work more than 16 hours of any combination of regular duty,

department overtime, or LERE hours within a consecutive 24-hour period without the

approval of a lieutenant or above for sworn employees, or the employee’s supervisor/

manager for civilian employees.

1. A 24-hour period is any consecutive 24-hours, regardless of the time the work

started.

2. The employee is responsible for notifying the appropriate supervisor two (2)

hours prior to the 16

hour of the 24-hour period. The name of the approving

supervisor will be noted on the employee's overtime assignment form.

(b) Employees shall not work in excess of 76 hours of any combination of regular duty,

department overtime, or LERE hours within a work-week without the approval of a

lieutenant or above for sworn employees, or the employee’s supervisor/manager for

civilian employees.

949.7.6 REQUIRED REPORTING OF OVERTIME AND LERE HOURS WORKED

(a) An electronic copy of from PD0036D Overtime Log will be maintained by the

employee's supervisor in a network group folder designated by their chain of

command. When an employee works overtime (this does not include mandatory/

emergency holdovers, late calls, and overtime related to workload), they will complete

an overtime log on form PD0036D and save it to the network location within one week

of the assignment to include actual locations, dates, and times of LERE hours worked

each week. The employee's supervisor will maintain the overtime log according to the

City's retention policy. The logs will include all LERE hours worked by the employee

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Published with permission by Austin Police Department

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that week including actual court overtime (time reported on court sign in/out log) and

estimated hours worked as a courtesy officer.

1. This log will be reviewed and approved by the employee's immediate supervisor

on a weekly basis by electronically initialing the form.

2. Changes to LERE hours worked subsequent to having been reviewed by the

supervisor will require the employee notifying their supervisor and an additional

electronic initial by the supervisor.

949.7.7 MOTOR VEHICLE ESCORT GUIDES

This section applies to officers working LERE assignments as Motor Vehicle Escort Guides.

Supervisory requirements outlined in 949.5.2(b)(2) apply to this section. This section does not

apply to motor vehicle escorts provided by on-duty personnel. If a city owned motorcycle is to be

used for an off-duty escort, permission from a Motors Unit Supervisor is first required.

(a) Officers working as a Motor Vehicle Escort Guide will:

1. Use personally owned motorcycles that are equipped as follows:

(a) In compliance with City Code

(b) Equipped with a siren.

(d) Equipped with any additional equipment as directed by the Chief of Police.

2. Submit the personally owned motorcycle for inspection and approval to the Chief

of Police or designee. Inspections will be done at the renewal of the LERE

contract, or whenever a new motorcycle is placed in service.

3. Maintain the motorcycle in proper working order with current registration and

Motor Vehicle Inspection. If any safety equipment is not functioning as intended,

the motorcycle will not be used.

4. Maintain Auto Liability insurance covering the operation of the motorcycle with

minimum limits of $100,000 bodily injury per person/$300,000 bodily injury per

accident and $100,000 property damage.

5. Wear an APD patrol or motor officers' uniform.

6. Have completed the Escort Training Class from the Austin Police Department.

(b) The use of amplified electronic horns and sirens are authorized for officer safety

purposes.

is not limited to wide loads, oversized loads, house moves, and industrial equipment.

When conducting escorts for oversized loads the officer will ensure that all necessary

permits have been obtained from the Texas Department of Transportation and will

abide by the route set out in the permit. The officer will not escort any vehicle if the

officer has reason to believe it is not in a safe operating condition.

(d) All other escorts will utilize a minimum of 3 APD officers. APD officers are not allowed

to work off-duty escorts with officers from other agencies. On occasion the size or

APD General Orders Issued 7/12/2022

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General Orders

Secondary Employment

Published with permission by Austin Police Department

Secondary Employment - 720

route of a funeral procession may require additional officers to be utilized to provide a

safe escort. In the interest of safety, off-duty officers may request assistance from the

on-duty patrol or HEC supervisor to assist with an escort. HEC supervisors shall be

responsive to such requests and provide on-duty motor units if available. Any officer

conducting an off-duty escort has the discretion to limit the number of vehicles allowed

for safety reasons. A request to use on-duty patrol will be made through the Watch

Lieutenant.

(e) The route the procession travels will be determined by the officers conducting the

escort. It will be chosen based on the safest route. Prior to leaving, the route will

be discussed with the lead car driver for the funeral home. Officers will not enter

intersections on red lights, however once they are in the intersection, they can control

the intersection for as many light cycles as needed to clear the procession.

(f) The Department understands that there are occasions where the escort officers need

to travel beyond the city limits of Austin to provide for the safety of those in or around

the vehicle procession or oversize load vehicles. Officers acting as motor vehicle

escorts will be permitted to travel outside of the City of Austin as follows:

1. Officers engaging in motor vehicle escorts will be allowed to conduct the escorts

within the boundaries of Hays, Travis, Bastrop and Williamson Counties.

2. If the escort begins within 10 miles of the city limits of Austin, the escort must

terminate inside the city limits.

3. Officers will obey the laws of the State of Texas and any ordinances of any city

they may pass through while providing an escort.

949.7.8 LAW ENFORCEMENT ACTIONS TAKEN WHILE WORKING LERE ASSIGNMENTS

(a) Law Enforcement Action

1. Incidents that originate off the property of the LERE work location.

(a) Officers will provide reasonable assistance (e.g., take immediate action

to protect life and property, assist the citizen in contacting 911 for an on-

duty officer) to any citizen requesting assistance for incidents that have

occurred, or that are occurring, off the property of the LERE assignment.

1. The responding on-duty officer will write an incident report.

2. The LERE officer will write a supplemental report to the on-duty

officer's incident report, if needed.

2. Incidents originating on the property of the LERE work location.

(a) Officers will immediately report any incident or situation arising from or

connected with the LERE assignment in the same regard as if on-duty.

This includes completing all paperwork related to an incident (e.g., original

and/or supplementary reports, associated forms and documents, evidence

tags, impound forms).

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General Orders

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Secondary Employment - 721

(b) When an officer is the victim of an incident or the incident is of such a

nature that an immediate extensive investigation would be required (e.g.,

murder, rape, robbery), an on-duty unit will be called.

(b) Arrest Guidelines

1. LERE officers making arrests for incidents connected with the LERE assignment

will complete an incident report and, if necessary, a probable cause affidavit

following normal arrest reporting procedures and will:

(a) Contact Communications to request an incident number for the arrest

report before turning it over to another officer; and

(b) Request a unit for prisoner transport.

2. Transporting officers will write a supplement to the original report, sign any

evidence tags or chain-of-custody documentation, and book the prisoner.

1. Incident reports initiated by the LERE officer not pertaining to custody arrests

will be turned in by the LERE officer at any substation within 24 hours.

2. Officers writing an incident report that requires immediate entry, such as a

misdemeanor citation or custody arrest, shall ensure the report is entered into

Versadex before the end of their LERE assignment.

(d) Nothing in this document prohibits an officer working a LERE assignment from calling

for assistance from on-duty personnel.

(e) If prior to the end of the LERE assignment it becomes apparent to the officer that

they will not be able to complete all duties required by the Department in connection

with the use of their law enforcement powers (e.g. completing reports, transporting

persons or property), the officer will immediately contact the on-duty patrol lieutenant

responsible for the area where the LERE assignment is located. The officer will be

required to provide the lieutenant with an explanation regarding why they are unable

to complete the required duties prior to the end of the LERE assignment.

1. If the patrol lieutenant determines the duties can wait until the officer's

next regularly scheduled shift, the officer will be released. It is the officer's

responsibility to ensure the required duties are completed prior to the end of their

next shift when released by a lieutenant.

2. If the patrol lieutenant determines that the duties must be completed without

delay at the conclusion of the LERE assignment, the lieutenant will authorize

overtime and the time spent completing the required duties will be counted as

productive hours during that work week.

(f) If an officer is working a LERE assignment and takes law enforcement action during

the time they are being compensated by the LERE employer, the officer will not

be compensated by the City for those hours, nor will those hours be included as

productive hours during the officer's work week.

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Overtime and Compensatory Time - 722

Overtime and Compensatory Time

950.1 PURPOSE AND SCOPE

It is the policy of the Department to compensate non-exempt employees who work authorized

overtime either by payment of wages or by allowing the accrual of compensatory time off. In order

to qualify for either, the employee must complete and submit a Request for Overtime Payment as

soon as practicable after overtime is worked.

950.1.1 DEFINITIONS

Callback - Employees in non-exempt positions may receive compensation as established by

the Meet and Confer Agreement and City Personnel policy when they are off-duty and receive

notification to return to duty status.

Compensatory Time - Employees in non-exempt positions may receive compensatory time in lieu

of overtime pay. The maximum amount of compensatory time that an employee may accumulate

is 120 hours.

Exempt Employee - An employee exempt from the overtime provisions of the Fair Labor

Standards Act. Employees in these positions are "salaried" and are not eligible for overtime pay

or compensatory time.

Non-exempt Employee - An employee that meets the overtime requirements of the Fair Labor

Standards Act. Non-exempt employees will receive overtime pay or compensatory time for

productive hours worked in excess of 40 in a workweek.

On-Call - A period of time outside of normally scheduled working hours during which an employee

must remain fit for duty and available to return to work.

Productive Time (Civilian Personnel) - Established by City Personnel Policy.

Productive Time (Sworn Personnel) - Established by the Meet and Confer Agreement. For the

purposes of computing overtime or compensatory time, all approved paid leave other than sick

leave and vacation time shall be calculated as hours worked.

950.2 DEPARTMENT POLICY

(a) Employees may be required to work beyond regularly scheduled hours or be called

back to active duty at any time in order to meet the operational needs of the

Department.

(b) Employees who refuse to work overtime or fail to report back to work when ordered

to do so will be subject to disciplinary action.

40 productive hours are worked in a particular week.

(d) Unless otherwise specified by the assignment, employees in non-exempt positions

may choose overtime pay or compensatory time for productive hours in excess of 40

in a workweek.

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General Orders

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Published with permission by Austin Police Department

Overtime and Compensatory Time - 723

1. Overtime will be paid at a rate of 1.5 times the regular rate of pay.

2. Compensatory time will be accrued at a rate of 1.5 hours for each hour worked.

3. Overtime pay and compensatory time will be calculated by computing time

worked to the nearest quarter hour, rounding either up or down.

4. The assignment of elective City and mandatory overtime should be allocated

in a fair and equitable manner and utilized only when necessary to meet the

operational needs of the Department.

(e) Specific assignments contracted for by a source outside the “City”, excluding

assignments reimbursed by Federal and State partners, will be compensated at the

individual officer’s overtime rate of pay regardless of the number of productive hours

the officer has worked in that work week.

(f) Employees will not be compensated by the Department for work performed during the

course and scope of a secondary employment contract.

950.2.1 ELECTIVE CITY OVERTIME/SECONDARY EMPLOYMENT

Employees will follow General Order 949 (Secondary Employment) on the limitations and reporting

responsibilities for overtime assignments classified as elective city overtime or secondary

employment.

950.3 OVERTIME ASSIGNMENT GUIDELINES

Employees may be eligible for overtime pay and/or compensatory time as outlined in this section

for:

(a) Employee Call-Back.

(b) On-Call Assignments.

950.3.1 EMPLOYEE CALL-BACK

(a) Non-Exempt officers who are off-duty and receive notification to return to duty status

one hour or less before the start of the employee's regularly scheduled shift shall

receive one (1) full hour of compensation at time and one half.

(b) Non-exempt officers who are off-duty and receive notification to return to duty status

shall receive a minimum of (3) full hours of compensation at time and one half when

notified to return to duty status:

1. More than one (1) hour before the employee's regularly scheduled shift; or

2. After the conclusion of their regularly scheduled shift.

into work for an official reason (e.g., IA/SIU interview, special investigation) while

on approved leave that would coincide with the employees regular duty hours. Any

amount in excess of three (3) hours must be approved by the appropriate commander/

manager.

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Austin Police Department

General Orders

Overtime and Compensatory Time

Published with permission by Austin Police Department

Overtime and Compensatory Time - 724

(d) Non-exempt officers who are off-duty and receive notification to return to duty status

will receive only fifteen (15) minutes of compensation at time and one half should the

call-back be canceled within fifteen (15) minutes of the notification, or the actual time

spent completing the assignment lasts no more than (15) minutes.

(e) Non-exempt civilian employees will be paid for call-back time according to current City

policy.

950.3.2 ON-CALL ASSIGNMENT

On-call assignments may be established to meet the operational needs of the Department.

Non-exempt officers will receive compensatory time in accordance with the current Meet and

Confer Agreement. Non-exempt civilian employees will be compensated as determined by the

Department Head and/or City policy. Employees assigned to be on-call will:

(a) Accept an on-call assignment that might result in a call back to work.

(b) Maintain any necessary equipment when in an on-call status (e.g., radio, pagers,

mobile phone).

(d) Maintain the physical and mental fitness standards that are regularly required for

performing job tasks when in an on-call status.

(e) Notify their supervisor if, due to illness, injury or other circumstances, the employee

is unable to be on-call.

950.3.3 COURT TIME

Court time will be paid as outlined in General Order 935 (Court Appearances) and the Meet and

Confer Agreement.

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951

Austin Police Department

General Orders

Published with permission by Austin Police Department

Pay Differential - 725

Pay Differential

951.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines for handling temporary assignments in a higher

rank classification and the associated pay differential for such assignments.

951.2 STATUTORY AUTHORITY

(a) The Chief of Police may authorize the designation of a person from the next lower

classification to temporarily fill a position in a higher classification (Tex. Local Gov't

Code § 143.038).

(b) The designated person is entitled to the base salary of the higher position plus the

person's own longevity or seniority pay, educational incentive pay, and certification

pay during the time the person performs the duties, even if the temporary position

lasts only one (1) day.

approved by a Commander or above.

951.3 PROCEDURES

If a sworn supervisor will be absent for an entire day or longer (e.g., vacation, sick leave, FMLA

leave, injury leave, training), the next higher supervisor in the chain-of-command is authorized to

designate an officer to temporarily serve as an acting supervisor. This provision also applies to 7-

day a week units which are only assigned one sergeant, but need supervisory coverage on the

regular days off of that supervisor.

(a) The consideration should be based on the following criteria:

1. If it is in the best interests of the Department for an acting supervisor to be

temporarily assigned.

2. If there is another on-duty supervisor who can assume the supervisory duties

within the Department's established span of control.

(b) In order to initiate pay differential, a "Pay Differential Assignment Form" must be

completed by the employee's supervisor and submitted to the APD-HR office.

1. Employees will be compensated as if they were at the higher rank with the same

years of service.

2. If years of service do not equal the minimum number of years required before

attaining the higher rank, the base salary of that rank will be used for the

calculations.

(d) A sworn officer who works overtime while temporarily filling in for a higher

classification, and who is eligible for overtime pay, shall be paid overtime at the

appropriate rate as calculated by APD HR.

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General Orders

Pay Differential

Published with permission by Austin Police Department

Pay Differential - 726

(e) The temporary performance of the duties of a higher position by an employee who has

not been promoted as prescribed by this chapter may not be construed as a promotion.

All promotions must meet the requirements of the Civil Service Act and the Meet and

Confer Contract.

951.4 LIMITATIONS

(a) Orders related to compensation that are not required by Chapter 143 are dependent

upon City Council's approval of the budget. Budget approval is determined annually.

For current information, contact APD-HR.

(b) The Chief or designee may set limitations on the duties and responsibilities on the

person assuming the higher rank.

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953

Austin Police Department

General Orders

Published with permission by Austin Police Department

Incentive Pay - 727

Incentive Pay

953.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for compensation for designated skills and

education. Officers who have demonstrated their proficiency in designated skills and who are

subsequently authorized may receive assignment pay in amounts provided by the current Meet

and Confer Agreement.

953.2 BILINGUAL PAY

In order to be eligible for bilingual pay, officers must successfully pass an established bilingual

test reflecting the types of bilingual communication in which officers would normally be required

to engage during the course and scope of duty.

(a) Eligible officers accepting bilingual pay will be required to utilize their bilingual

communication skills when requested by the Department.

(b) Officers who fail to utilize their bilingual skills when required may be deemed ineligible

to receive bilingual pay. In these circumstances and on a case by case basis, the

officer's commander will make a recommendation to the appropriate assistant chief.

The Chief or designee will make the final decision on eligibility.

953.2.1 BILINGUAL TESTING PROCEDURES

(a) APD-HR will schedule bilingual tests as needed with a professional consultant or

organization selected by the Department. A test will be given for each requested

compensable language.

(b) Any officer may take a bilingual test. Officers interested in testing for a language must

submit an application for bilingual testing to their immediate supervisor to be forwarded

through the chain-of-command to APD-HR.

no compensatory time or overtime pay allowed.

(d) APD-HR will notify officers taking a bilingual test of the test results by mail. Those

officers who pass the bilingual test will begin earning bilingual pay during the pay

period following the date the Department received notice of their successful completion

of the test. Officers not passing the authorized proficiency test may retest after six (6)

months.

(e) Officers passing the proficiency test may be required to be reassessed.

953.3 MENTAL HEALTH CERTIFICATION PAY

Eligible officers shall be compensated for mental health certification as identified in the Meet and

Confer Agreement. The Department identifies these officers as part of the Crisis Intervention Team

(CIT).

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General Orders

Incentive Pay

Published with permission by Austin Police Department

Incentive Pay - 728

(a)

In order to be eligible for CIT pay, officers must attend the forty (40) hour TCOLE

mental health certification class and pass the course test and meet the following

requirements:

Regularly assigned to a Patrol shift.

Designated by the commander to receive CIT pay based on the needs of the

Command (e.g., appropriate shift distribution of stipends).

Attend required mental health/crisis intervention update training.

(b)

Officers above the rank of police officer are ineligible to receive CIT pay.

(c)

CIT officers will be required to utilize their intervention skills when requested or needed

during the course and scope of their patrol duties.

(d)

CIT officers who fail to utilize their intervention skills when required or needed may

be deemed ineligible to receive the stipend. The officer's commander will decide this

on a case-by-case basis and/or documented mental health report activity and make

a recommendation to the appropriate assistant chief. The Chief of Police will make

the final decision.

953.4 EDUCATION AND CERTIFICATE PAY

An officer shall be entitled to either Certificate pay or Education pay as outlined in the Meet

and Confer Agreement but shall not be entitled to both. Education pay shall only be payable for

degrees or college credit from an accredited college or university as defined by the Meet and

Confer Agreement.

(a) Only officers hired before March 25, 2001 are eligible for certificate pay if they have

been awarded the TCOLE Intermediate or Advanced Certificate.

(b) An officer holding at least 60 hours of college credit, an Associates, Bachelors,

or Masters degree from a nationally accredited college or university may receive

education pay as authorized by the Meet and Confer Agreement.

953.5 FIELD TRAINING OFFICER PAY

Field Training Officer (FTO) pay is eligible for officers assigned to the Field Training Unit as a Field

Training Officer and who meet the requirements outlined in the FTP SOP.

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955

Austin Police Department

General Orders

Published with permission by Austin Police Department

Attendance and Leave - 729

Attendance and Leave

955.1 PURPOSE AND SCOPE

This order outlines employee attendance requirements, leave benefits, and the basic procedures

to be followed when using leave time. The types of leave covered in this order include vacation

leave, exception vacation leave, personal holiday, sick leave, Family Medical Leave Act (FMLA),

compensatory time, emergency leave, leave without pay, leave of absence, administrative leave,

and military leave.

(a) Guidelines for on-duty injury, illness, and crash incidents are outlined in General Order

956 (On-Duty Injury and Illness).

(b) Guidelines for Limited Duty status, Extended Limited Duty status, and the Return to

Work Programs are outlined in General Order 958 (Limited Duty, Extended Limited

Duty, Return to Work and Pregnancy).

955.1.1 DEFINITIONS

Exempt Positions - Positions exempt from the overtime provisions of the Fair Labor Standards

Act. Employees in these positions are "salaried" and are not eligible for overtime pay or

compensatory time.

Non-exempt Positions - Positions that meet the overtime requirements of the Fair Labor

Standards Act. Employees in these positions will receive overtime pay or compensatory time for

productive hours worked in excess of forty (40) in a work week.

Productive Time (Civilian Personnel) - Established by City of Austin Personnel Policy.

Productive Time (Sworn Personnel) - For the purposes of computing overtime all approved paid

leave, other than sick and vacation leave, shall be calculated as hours worked as established by

the Meet and Confer Agreement.

Law Enforcement Related Employment (LERE) - Defined in General Order 949.1.1

Non - Law Enforcement related Employment (Non-LERE) - Defined in General Order 949.1.1

Department Overtime - Voluntary participation in job or duty related assignments originating from

within the Department, which are outside an employee's regularly scheduled 40 hours of work per

week, and for which the employee normally, but not necessarily, receives overtime compensation

from the City of Austin. Compensation either can be at the expense of the Department or

reimbursed through outside funding (e.g. grants). This does not include Court Overtime, late calls,

overtime related to workload or emergency holdovers.

955.2 GENERAL ATTENDANCE GUIDELINES

(a) Employees will not be absent from work without prior approval from an immediate

supervisor.

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General Orders

Attendance and Leave

Published with permission by Austin Police Department

Attendance and Leave - 730

1. Unless a different notification is required by a Unit SOP, employees have the

responsibility of notifying an immediate supervisor at least one (1) hour prior to

the scheduled work start time if they are going to be absent.

2. Employees who fail to report to work at the assigned place and time, or who leave

work or an assignment without proper authorization will be subject to disciplinary

action.

3. Employees shall not work in excess of 76 hours of any combination of regular

duty, department overtime, or LERE hours within a work-week without the

approval of a lieutenant or above for sworn employees, or the employee’s

supervisor/manager for civilian employees.

4. Employees shall not work more than 16 hours of any combination of regular duty,

department overtime, or LERE hours within a consecutive 24-hour period without

the approval of a lieutenant or above for sworn employees, or the employee’s

supervisor/manager for civilian employees.

(a) A 24 -hour period is any consecutive 24 -hours, regardless of the time the

work started.

(b) The employee is responsible for notifying the appropriate supervisor two

(2) hours prior to the 16th hour of the 24-hour period. The name of the

approving supervisor will be noted on the employee's overtime assignment

form.

955.2.1 TIMESHEETS

In order for the Department's payroll records to be properly and accurately maintained it is

necessary that weekly timesheets be submitted to APD HR for each employee. Employees are

responsible for the accurate recording of their own time on the weekly timesheet.

(a) Attendance records will be based on a work week that begins at 12:00 am on Sunday

and ends at midnight on Saturday.

(b) Within each section, an employee may be designated as timekeeper to ensure

completion and proper submission of weekly timesheets.

1. Completed by the employee unless the employee is unable in which case they

wil provide the information to their supervisor for completion; and

2. Signed and dated by the employee to attest to accuracy, when available; and

3. Signed by a supervisor to indicate timesheet approval and sign on behalf of the

employee when the employee is unavailable to sign in person.

(d) Completed and signed timesheets must be turned in to APD HR no later than 4:00 pm

on Thursday of each week. In the event the City calls for an earlier payroll deadline,

APD HR will send notification to all sections on the deadline to turn in timesheets.

(e) Employees are responsible for submitting a corrected timesheet to the immediate

supervisor if work hours or leave type changes after a signed timesheet has been

submitted. If the employee is unable to make the necessary changes, they will contact

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General Orders

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Published with permission by Austin Police Department

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their supervisor who will make the changes on the employee's behalf. Failure to do

so may be considered falsification of an official City document. Any corrections to a

timesheet must be initialed by the employee's supervisor.

1. With the exception of FMLA adjustments, corrections will not be processed more

than two pay periods following the dates(s) that need correction without approval

from the officer's Assistant Chief.

955.2.2 FLEX TIME

Flex time is an adjustment of work hours on an hour-for-hour basis within a work week or pay

week, as authorized.

(a) All flex time adjustments must be approved in advance by the employee's supervisor;

employees may not make their own decisions pertaining to scheduled work hours or

adjustments to them.

(b) The weekly timesheet should reflect the actual hours worked each day to ensure

accurate attendance records.

work week they are accrued. Flex hours cannot be carried over to another week.

Productive hours that exceed the 40-hour work week are required to be recorded as

authorized overtime or compensatory time.

(d) For exempt civilian and sworn personnel, flex time must be used within the same pay

period it was accrued. Flex hours cannot be carried over to another pay period.

955.3 GENERAL LEAVE GUIDELINES

When reviewing leave requests, supervisors will consider the needs of the Department and

availability of other personnel before approving the requests.

(a) Employees requesting to use any personal leave (e.g., vacation, exception,

compensatory, personal holiday) shall submit the appropriate leave request form to

their immediate supervisor for approval.

1. Leave requests will not be approved when the leave will create the need for

backfill unless exigent circumstances exist.

2. Sworn employees may not use any personal leave (e.g., vacation, exception,

compensatory, personal holiday) to work department overtime, that coincides

with their normal shift schedule (i.e., day shift, evening shift, night shift), unless

approved by the Chief of Police or designee or under one of the following

situations.

(a) Personal leave may be taken to work events staffed by APD Special

Events and the HEC Grants Coordinator if doing so will not create a need

for backfill of their regular assignment.

(b) In order to ensure adequate patrol staffing, officers and detectives/

corporals in non-patrol assignments may take vacation to fill a patrol

vacancy if doing so does not create a need for their position to be

backfilled.

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3. Sworn employees must submit an APD Leave Request Form (PD0069) for:

(a) paid continuous leave of 60 days (320 hours) or less for non-medical

purposes, or

(b) pre-approved use of non-FMLA sick leave.

4. APD Leave of Absence Form (PD0069C) for:

(a) Any unpaid leave, regardless of length

(b) Any leave exceeding more than 60 days, other than FMLA qualified

leave has been exhausted

(b) It is the intent of this order to provide a guideline about how vacation days are granted

when two or more employees are seeking the same vacation days and not all requests

can be granted. First and foremost, all attempts should be made to resolve the situation

through mutual agreement as facilitated by the supervisor. A healthy workplace is

one where employees work with each other to create a fair and equitable process for

resolving internal differences. However, if a voluntary, mutual agreement cannot be

reached to resolve conflicts over vacation days, then the following seniority guidelines

will be followed:

1. When the number of employees requesting personal leave exceeds the limit

allowed in a unit or shift, the supervisor will consider the employee's time in the

unit and seniority in the department. Additionally, the supervisor should consider

the reasons for the competing requests when determining priority.

1. HRD/ Leave Request Form, effective 10/1/2004, updated 11/1/2010 any time

an employee is absent regardless of the length of time or FMLA status, except

when submitting the form in b) below.

2. APD Leave of Absence Form (PD0069C) to request leave time of:

(a) Any additional leave after exhaustion of FMLA approved leave

(b) Any leave of 30 days or more that:

1. Is not FMLA qualified; or,

2. The employee is not FMLA eligible; or,

3. For non-medical reasons such as e.g. sabbaticals or extended

vacation.

leave has been exhausted

3. The APD Court Liaison Unit will be notified when the following employees are

on approved leave:

(a) Sworn

(b) Non-sworn who are subject to subpoenas

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4. Supervisors shall complete the appropriate leave request form on behalf of the

employee if the employee is unable or unavailable to do so.

(d) Employees requesting to use sick leave shall follow the guidelines outlined in the sick

leave section of this order.

(e) Supervisors and employees are responsible for ensuring that employees have

sufficient leave time accrued prior to approving any leave request.

1. Employees shall not schedule leave time for use in the same pay period in which

it is earned.

2. Leave time may not be taken in periods of less than a quarter (1/4) hour.

955.3.1 LEAVE ACCRUAL AND LONGEVITY WHILE ON APPROVED LEAVE

(a) Employees continue to accrue vacation leave, sick leave, and longevity while the

employee is absent on approved vacation, exception vacation, personal holiday, sick,

injury, compensatory, short-tour paid military leave, leave without pay, and FMLA.

(b) Employees continue to accrue longevity while the employee is absent on long-tour

military leave of absence (without pay), but ceases to accrue vacation and sick leave.

or longevity while on leave of absence.

955.3.2 LEAVE PAYOUT UPON SEPARATION

(a) Employees who separate from the Department may be paid up to the following

maximum allowable amounts (which may be different than the maximum allowable

accrual amount):

1. Vacation Leave

(a) Civilian employees may be paid up to 240 hours provided the employee

has completed their probationary period and given a 10 day notice of intent

to separate as required by City of Austin policy.

(b) Sworn employees may be paid up to 240 hours.

2. Exception Vacation Leave - Up to 160 hours.

3. Compensatory Time - Up to 120 hours.

4. Sick Leave

(a) Sworn employees with sixteen (16) or more years of continuous service

and who leave in good standing may be paid for accumulated sick leave

hours as outlined in the Meet and Confer Agreement.

(b) Civilian employees hired prior to October 1, 1986 that have been employed

on a continuous basis and leave in good standing may be paid up to 720

accumulated sick leave hours.

leave hours.

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(b) Employees who separate from the Department will not receive a payout for:

1. Any hours in excess of the maximum allowable amounts for each type of leave;

and

2. Accrued personal holiday, administrative leave, or military leave.

eligible for leave payout as outlined in the Meet and Confer Agreement.

(d) An employee's estate will receive payment for all maximum allowable leave amounts

accrued by the employee in the event of an employee's death while:

1. Still a member of the Department; or

2. On military leave, for leave accrued up to the employee's last day of active duty

with the Department prior to entering military leave.

955.3.3 SWORN EMPLOYEE USE OF LEAVE TIME IN LIEU OF SUSPENSION

The Chief may authorize a sworn employee to use vacation leave, exception vacation leave,

compensatory time, or personal holiday when the employee has been temporarily suspended

without pay in accordance with the Meet and Confer Agreement.

955.4 VACATION LEAVE

Employees start to accrue vacation leave immediately upon employment with the City; however,

a civilian employee is not eligible to use it until completing at least six (6) months of service and

a cadet is not eligible to use it until after graduating from the police academy.

(a) Employees accrue vacation leave for 24 pay periods in a calendar year as regulated

by City Personnel Policies (civilian) and the Meet and Confer Agreement (sworn).

(b) The maximum allowable amount of vacation leave an employee may accrue and retain

at any time is 400 hours.

955.5 EXCEPTION VACATION LEAVE

Employees may accrue exception vacation leave for City-observed holidays as outlined below.

As many employees as possible will be given each City-observed holiday off.

(a) Civilian employees:

1. Accrue up to eight (8) hours of exception vacation for each City-observed holiday

when:

(a) The employee works on the holiday; or

(b) The holiday falls on an employee's regularly scheduled day off.

2. Do not accrue exception vacation when taking off on a City-observed holiday

the employee is normally scheduled to work.

(b) Sworn employees accrue up to eight (8) hours of exception vacation for each official

City-observed holiday regardless of whether or not the employee works on the holiday.

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accrue is 160 hours.

(d) Effective January 1, 2019, sworn employees may accrue up to 200 hours of exception

vacation. This provision shall expire on December 31, 2020 and the maximum hours

of exception vacation accrual shall revert to 160 hours.

(e) Employees desiring to observe an official holiday that falls on a regularly scheduled

workday must submit the appropriate leave request form to their immediate supervisor

for approval.

(f) Employees who work on December 25 will be paid according to City Personnel Policies

(civilian) and the Meet and Confer Agreement (sworn).

(g) Supervisors will schedule employees to use exception vacation when balances

approach the 160-hour limit. Exception vacation should be used before the pay period

in which the next holiday occurs.

1. Civilian employees will be paid for any exception vacation hours accrued in

excess of the 160 hour limit.

2. Sworn employees are subject to the Meet and Confer Agreement in regards to

exception vacation hours accrued in excess of 160 hours.

955.6 PERSONAL HOLIDAY

An employee in a regularly budgeted position who has completed six months of service is eligible

for sixteen (16) hours of personal holiday per calendar year. A part-time employee in a regularly

budgeted position is allowed personal holiday hours on a prorated basis. Failure to utilize any

part of these hours by December 31st of the year accrued will result in forfeiture of the accrued

personal holiday hours.

955.7 SICK LEAVE

Employees start to accrue sick leave immediately upon employment and may take it once hours

have been actually accrued. Sick leave may be used for doctor appointments, personal illness,

maternity purposes, physical incapacity of an employee, or when an employee is required to care

for a family member who is ill or incapacitated.

(a) Employees accrue sick leave for 24 pay periods in a calendar year as regulated by

City Personnel Policies (civilian) and the Meet and Confer Agreement (sworn).

(b) Sick leave may be accumulated without limit.

child with a serious health condition may apply for FMLA by contacting APD HR and/

or request a medical leave of absence in accordance with City Personnel Policy.

(d) Supervisors may, with discretion, visit an employee that is unable to report for duty

or has left duty because of illness to determine the extent of the illness and decide

whether or not any assistance is needed. Supervisors need to be aware of employees

on FMLA as contacting them may violate their privacy rights.

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(e) Supervisors may require satisfactory proof of the proper use of sick leave and may

disallow sick leave in the absence of such proof.

(f) The Chief may require sworn employees using sick leave to submit to an examination

by a physician named by the Chief at the City's expense.

(g) Employees who misuse sick leave are subject to disciplinary action.

955.7.1 EMPLOYEE RESPONSIBILITIES WHEN USING SICK LEAVE

(a) Employees shall notify their immediate supervisor:

1. Unless otherwise specified in the employee's Unit SOP, at least one (1) hour

prior to the employee's work start time if the employee is going to be out sick; or

2. If the employee becomes sick while on-duty to the extent the assignment must

be terminated.

(b) Employees who become sick during approved personal leave may change their

personal leave to sick leave while ill. It is the responsibility of the employee to contact

their immediate supervisor to have the changes made on the timesheet and Leave

Request Form.

responsibilities, eligibility and qualifying conditions under the Family and Medical

Leave Act (FMLA) when meeting the criteria outlined in the "General Leave

Guidelines" section of this order.

(d) Employees who have taken sick leave for 40 or more consecutive work hours for their

own medical condition/injury are required to submit a completed Medical Release to

Return to Work, Off the Job Illness/ Injury Form (PD0119) to their immediate supervisor

and APD Risk Management (sworn).

(e) If an employee has taken sick leave for five or more consecutive work days, for a non-

qualifying FMLA event, to care for a family member who is ill or incapacitated they

should submit a memorandum to their immediate supervisor upon returning to work.

955.7.2 SUPERVISOR RESPONSIBILITIES WHEN EMPLOYEES USE SICK LEAVE

(a) Supervisors will notify the chain-of-command and APD HR when an employee:

1. Has taken sick leave for three (3) consecutive work days and the reason

is unknown or the reason indicates that the employee or employee's family

member may be experiencing a serious health condition of themselves or a

family member; or

2. Has taken sick leave for 40 or more consecutive work hours; or

3. Has an overnight stay in the hospital.

955.7.3 WHEN MEDICAL RELEASE TO RETURN TO WORK IS REQUIRED

An employee may be required to provide a completed Medical Release to Return to Work Off the

Job Illness or Injury Form (PD0119) in either of the following situations:

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(a) Whenever an employee is out for 40 or more consecutive work hours for their own

health condition.

(b) Anytime (regardless of length of absence) an employee has an injury/illness that

requires medical treatment that would lead the employer (supervisor/manager) to

believe the employee may have a serious medical situation such as when the employer

becomes aware that:

1. the employee was transported to the hospital,

2. admitted into the hospital, or

3. had surgery, whether in or out patient.

to Work Off the Job Illness or Injury Form (PD0119) prior to or upon return to work

to one of the following

1. immediate supervisor (Sworn) and

2. APD HR (Civilians) or

3. APD Risk Management (Sworn)

(d) If the Medical Release to Return to Work Form indicates the employee may return

to work in a Limited Duty capacity, the employee may be placed on Limited Duty as

outlined in General Order 958 (Limited Duty, Extended Limited Duty, and Pregnancy).

955.7.4 EXHAUSTION OF SICK LEAVE

(a) Employees who have exhausted their accrued sick leave may request their personal

leave be substituted for sick leave by completing the appropriate leave request form

for approval.

(b) Employees may request leave without pay or leave of absence as outlined in this

order. Approval must be received prior to the last day personal leave is used.

when:

1. The employee has exhausted all personal leave, sick leave hours, and FMLA;

and

(a) The employee has exhausted or is not approved for leave without pay or

leave of absence as outlined in this order; or

(b) No Limited Duty or Return to Work assignment is available.

955.8 FAMILY AND MEDICAL LEAVE ACT

(a) Employees shall contact APD HR as soon as practicable to obtain information on

employee rights, responsibilities, eligibility, and qualifying conditions under the Family

and Medical Leave Act (FMLA) when the employee:

1. Is absent or going to be absent from work on an intermittent basis due to a

qualifying personal or family medical condition; or

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2. Has taken sick leave for three (3) or more consecutive days and is unsure if

they will immediately return to work; or

3. Is going to have ongoing treatment for a medical condition; or

4. Has had an overnight stay in the hospital and is unsure if they will immediately

return to work.

(b) Guidelines for FMLA eligibility are outlined in City Personnel Policy. Employees may

also contact APD HR for information on the Family and Medical Leave Act (FMLA).

955.9 EMERGENCY LEAVE

Emergency leave is for the purpose of attending funerals, making funeral arrangements, or

otherwise attending to the affairs of the deceased for a death in an employee's immediate family.

Immediate family includes a parent, spouse, domestic partner, child, sister, brother, grandparent,

parent or grandparent of a spouse or domestic partner, or any relative who has been living in

your house.

(a) An employee may be requested to provide information to document the necessity of

the absence.

(b) The leave request form should indicate the relation of the deceased on the form and

be approved by the employee's supervisor.

1. Regular and probationary civilian employees may use up to three consecutive

days of emergency leave.

2. Temporary civilian employees may be granted unpaid emergency leave.

3. Commissioned personnel may utilize up to forty (40) hours of emergency leave.

4. Additional time off, if approved, must be taken as vacation, exception vacation,

compensatory, personal holiday, or unpaid leave.

955.10 LEAVE WITHOUT PAY

Employees may be granted leave without pay when the employee has exhausted all other leave

balances.

(a) The Chief or designee may grant up to one week (40 hours) of leave without pay to

an employee.

(b) An employee on leave without pay who exceeds the 40 hour allowance may be granted

a leave of absence.

955.11 EXTENDED LEAVE (NON-FMLA)

Employees may be granted an extended leave (leave approved without pay or with pay via use

of accrued leave) for a legitimate purpose (e.g., illness, disability, pregnancy, political activity,

educational purposes, military duty).

(a) Employee must request an extended leave using APD Leave of Absence Form

(PD0069C) in accordance with General Order 955.3 (General Leave Guidelines).

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The completed form must be routed through the chain-of-command for appropriate

approval and must include:

1. The reason or need for the leave; and

2. Duration of the leave; and

3. Anticipated date to return to work; and

4. Whether the approval being sought is for paid or unpaid leave; and,

5. Any additional documentation to support the need for the request (e.g., medical).

(a) Medical documentation can be submitted to APD HR in lieu of sending it

through the chain-of-command.

(b) The employee's immediate supervisor is responsible for routing the completed request

form through the chain-of-command for review and the forwarding of the original form,

with appropriate signatures, to APD-HR for final disposition.

exceed thirty (30) days.

(d) All requests for more than 30 days (up to one year) will be delivered to APD-HR to be

forwarded to the City Manager's office for review. APD-HR will communicate the City

Managers decision on whether the request for leave was approved to the employee's

immediate supervisor, who will be responsible for notifying their chain of command.

955.12 ADMINISTRATIVE LEAVE

A Department director may grant an employee administrative leave at full pay and benefits for

a purpose approved by the City Manager (e.g., blood bank donations, pre-termination hearings,

power failure, reduced work day by administrative directive).

(a) Employees may be placed on administrative leave/duty pending an internal

investigation (e.g., IA, SIU).

1. Employees placed on administrative leave/duty pending an internal investigation

are required to remain available for court appearances.

(b) Time off, when necessary, to vote in national, state, county and municipal elections

shall be considered administrative leave.

of the police academy will be given one (1) day of administrative leave.

1. Employees assigned to the Training or Recruiting Divisions, and all assistant

chiefs, are excluded from receiving administrative leave for recruiting an

applicant.

2. No more than two (2) days of administrative leave for recruiting an applicant may

be accrued or used in a calendar year.

3. The Recruiting Unit will be responsible for maintaining the necessary information

for implementation of the program.

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955.13 COMPENSATORY TIME

When a non-exempt employee is required to work in excess of a normal 40-hour work week, the

employee may be entitled to receive compensatory time in lieu of overtime pay for those extra

hours worked.

(a) Guidelines for compensatory time accrual are outlined in General Order 950 (Overtime

and Compensatory Time).

(b) The maximum allowable amount of compensatory time which an employee can accrue

is 120 hours.

to accrue additional compensatory time.

955.14 MILITARY LEAVE

An employee who is responding to orders of the US Armed Forces will be granted up to fifteen

(15) working days of paid military leave per federal fiscal year (October 1 through September 30).

(a) Military leave is used for time in which the employee is required to attend military

functions during regularly scheduled work hours. Authorized military functions

include regularly scheduled "weekend drills" and meetings, physical examinations for

selection or admission into the military, physical examinations to maintain a selective

service rating or reserve status, travel time, etc.

1. Employees shall provide notice to the Department prior to the dates when

military leave, with or without pay, or any other approved leave method is used

to attend required military drills or training.

2. The appropriate leave request form will be completed, designating the type of

leave to be used. It is not required that copies of written training orders be

attached before approval may be given. Copies should be attached or forwarded

to the immediate supervisor as soon as possible.

(b) Military Leave will not be used for:

1. Hours before or after regularly scheduled work hours; or

2. Regularly scheduled days off; or

3. Scheduled overtime.

sessions that conflict with regular work hours will, at the employee's request, have

their schedule adjusted so they may work a full 40-hour week.

(d) Military leave will not be granted for diagnosis or treatment of any service related

sickness or disability, for obtaining or sustaining any disability rating, or for treatment

in any government facility.

(e) When tours cumulatively exceed the total of 15 days of military Leave, City Personnel

Policy allows employees called to active duty to continue receiving pay while their

active military duty continues.

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955.14.1 ACTIVE DUTY CALL-UP

Although reservists called to active duty are not required to request leave or even notify the

employer prior to responding to a call-up, notification should be given to the Department as soon

as practical.

(a) Notification of active call-up of less than 30 days may be done verbally to the

employee's immediate supervisor and to APD HR. Employees who are scheduled to

be activated for more than thirty (30) days will be required to meet with APD HR.

(b) The immediate supervisor shall complete any needed paperwork and make the proper

notations on weekly timesheets.

supervisor and APD HR to retain with other paperwork relating to the absence.

(d) Employees called to active duty may qualify for a military pay supplement in

accordance with City Personnel Policy.

(e) Upon release from military orders and pending return to the Department, the employee

must contact APD HR.

955.14.2 MILITARY ENLISTMENT

The Department shall grant a military leave of absence (without pay) to employees who desire to

enter a military service of the United States.

(a) The leave of absence will continue during the period of active military service of the

officer.

(b) Upon receiving an honorable discharge from the military, the employee may make an

application for reinstatement in accordance with applicable federal and state law.

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956

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On-Duty Injury and Illness - 742

On-Duty Injury and Illness

956.1 PURPOSE AND SCOPE

The purpose of this order is to provide guidelines for reporting on-duty injuries, illnesses, and

deaths to the APD Workers' Compensation Office to ensure proper medical attention is received

when appropriate and to document the circumstances of the incident.

Provisions contained herein shall apply to both sworn and civilian employees but only to injuries

and illnesses that occur in the authorized course and scope of employment on or after the effective

date of this order.

(a) Guidelines for off-duty or non-occupational injury and illness incidents are outlined in

General Order 955 (Attendance and Leave).

(b) Guidelines for Limited Duty status, Extended Limited Duty status and the Return to

Work Programs are outlined in General Order 958 (Limited Duty, Extended Limited

Duty, and Pregnancy).

956.2 DEFINITIONS

Compensable Injury/Illness - An injury or illness suffered by an employee in the course and

scope of their employment as determined by the City of Austin's Third Party Administrator. This

may include an injury or illness suffered:

(a) During an employee's regular duty hours.

(b) During authorized Department overtime.

Full Duty - A medical determination that an employee can safely perform all of the essential

functions of their job with no limitations or restrictions.

Injury Leave - Leave that is provided to eligible employees who are unable to work due to a

compensable injury or illness.

Limited Duty - A medical designation that an employee may return to work with specific and

detailed limitations or restrictions.

Extended Limited Duty - An extension of Limited Duty status for non-probationary, sworn

employees who have been on Limited Duty in excess of a cumulative total of 1,040 hours as a

result of an on-duty or off-duty injury or illness.

No Duty - A medical determination that an employee is unable to return to work.

956.3 REQUIRED REPORT OF ON-DUTY INJURY/ILLNESS

(a) Employees shall report all injuries, illnesses, and vehicle crashes that occur on-duty or

qualify as a compensable injury to their supervisor within 24 hours of the occurrence

or prior to the start of their next shift.

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(b) Employees who fail to report an injury, illness, or crash as outlined in this order may

fail to qualify for wage continuation benefits.

956.3.1 INITIAL MEDICAL TREATMENT

Employees shall seek immediate medical attention when necessary and as required by the nature

of the injury or illness. Employees who do not seek medical attention shall be considered on Full

Duty status until otherwise determined by a physician as outlined in this order.

(a) At the time of initial treatment, the employee shall have the attending physician

complete a Texas Workers' Compensation Work Status Report (DWC-73).

1. The DWC-73 shall include the following information:

(a) Whether the employee should be placed on a No Duty, Limited Duty, or

Full Duty status; and

1. If the employee is not cleared to return to work, a follow-up

appointment date or return to work date.

2. If the employee is cleared to return to work, any medical restrictions

or limitations, and a follow-up appointment date.

2. In the event the employee is seen at a hospital ER and the attending physician

will not complete the DWC-73, the employee shall obtain all medical discharge

paperwork.

(b) It is the employee's responsibility to ensure the DWC-73 form (or medical discharge

paperwork if a DWC-73 is not completed) is received by the APD Workers'

Compensation office no later than 24 hours after the initial treatment.

1. Forms or paperwork can be scanned and emailed to "APD Workers'

Compensation" or faxed directly to the Workers' Compensation Office

(974-6647).

956.4 SUPERVISOR RESPONSIBILITIES

Supervisors learning of any work-related injury or illness, or any crash involving injury or a

complaint/statement of injury or pain, shall adhere to the following guidelines:

(a) Ensure the following Workers' Compensation forms are completed:

1. Employer's First Report of Injury/Illness Form (DWC-1).

2. Job Related Injury/Illness Supervisor Investigation Report.

3. City of Austin Workers' Compensation Employee Letter of Rights.

4. Employees Request for Wage Continuation (WC-800).

(b) Completed forms shall be scanned and emailed to "APD Workers' Compensation," or

faxed directly to the APD Workers' Compensation Office (974-6647), within 24 hours.

1. All original forms shall be forwarded to the APD Workers' Compensation Office

via inter-office mail.

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956.5 INJURY LEAVE GUIDELINES

Injury leave for Department employees shall be granted as follows:

(a) Sworn employees shall receive up to 2,080 hours of injury leave per compensable

injury or illness.

(b) Civilian employees may receive up to 80 hours of injury leave per compensable injury

or illness that qualifies for wage continuation benefits.

956.5.1 EMPLOYEE RESPONSIBILITIES WHILE ON INJURY LEAVE

All employees placed on injury leave for a compensable injury or illness shall adhere to the

following guidelines:

(a) Employees shall be placed on FMLA, if eligible. Employees shall be notified of their

FMLA status by APD-HR.

(b) Employees shall attend all doctor appointments as scheduled by their physician.

Employees shall be required to schedule a monthly medical appointment if no follow-

up appointment is scheduled by the physician.

Status Report (DWC-73) for each doctor appointment and submit it to the APD

Workers' Compensation Office within 24 hours of an appointment.

1. It is the employee's responsibility to ensure each DWC-73 is received by the

APD Workers' Compensation Office.

2. Completed forms can be scanned and emailed to "APD Workers'

Compensation" or faxed directly to the Workers' Compensation Office

(974-6647).

3. No employee shall return to work or change their duty status until the DWC-73

form has been received by the APD Workers' Compensation Office indicating

the employee can return to work.

4. Employees on a no-duty status must contact APD Risk Management for

guidance if they receive a subpoena directing them to appear in court.

(d) Employees shall update their supervisor after each doctor appointment.

(e) Employees shall be assigned to their residence and available Monday-Friday, 8am to

4pm, unless otherwise notified by Risk Management.

1. Employees shall report to their supervisor before leaving their residence except

in cases where they are attending physician appointments, physical therapy

appointments, or pharmacy visits.

2. Employees wishing to take personal leave (e.g., extended time away from

home, go out of town) while on injury leave shall contact Risk Management for

instructions.

956.5.2 SWORN EMPLOYEE EXHAUSTION OF INJURY LEAVE

Sworn employees not able to return to work in a Limited Duty or Full Duty capacity after the

expiration of the 2,080 hours of injury leave have the following options:

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(a) Sworn employees may submit a written request to the Chief to request an injury leave

extension:

1. At least 30 days prior to exhausting their 2,080 hours of injury leave, employees

must submit a memorandum to the Chief requesting the extension.

2. The memorandum must be accompanied by a written report (DWC-73) from the

employees' physician that indicates an anticipated date to return to work in a

Limited Duty or Full Duty capacity.

3. The Chief shall review the request and, at their discretion, may forward the

request to City Council for approval or deny the request.

(b) After exhausting any injury leave extension, or if an extension is not granted, sworn

employees may:

1. Exhaust all available personal leave hours.

2. Exhaust any remaining FMLA, if applicable.

3. Submit a written request for leave donations pursuant to City of Austin policies.

4. Submit a written request for a medical leave of absence pursuant to City of

Austin policies.

after exhausting all the above options may have their employment with the Department

terminated.

956.5.3 CIVILIAN EMPLOYEE EXHAUSTION OF INJURY LEAVE

(a) Civilian employees unable to return to work in a Limited Duty or Full Duty capacity

after exhausting the 80 hours of injury leave may:

1. Exhaust all available personal leave hours.

2. Exhaust any remaining FMLA, if applicable.

3. Submit a written request for leave donations pursuant to City of Austin policies

4. Submit a written request for a medical leave of absence pursuant to City of

Austin policies.

(b) Civilian employees still unable to return to work in a Limited Duty or Full Duty capacity

after exhausting all the above options may have their employment with the Department

terminated.

956.6 RESTRICTIONS WHILE ON INJURY LEAVE

Employees on injury leave have the same restrictions as employees on Limited Duty. Employees

must know and comply with General Order 958.9 Restrictions While on Limited Duty and Extended

Limited Duty.

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957

Austin Police Department

General Orders

Published with permission by Austin Police Department

Communicable Disease Exposures and

Response Protocols - 746

Communicable Disease Exposures and

Response Protocols

957.1 PURPOSE AND SCOPE

The purpose of this order is to provide reporting guidelines for employees who believe they have

been exposed to any communicable disease during the normal course of their work. This order

covers the most prevalent types of reported exposures which are Tuberculosis (TB) and Blood

Exposures (HIV, Hepatitis B & C).

957.1.1 DEFINITION OF A COMMUNICABLE DISEASE EXPOSURE

When an external source of blood, body fluid or bacteria/virus from an infected person comes

into contact with an employees' mucous membranes (eyes, mouth, or nose), an opening in the

officers' skin or is inhaled by the officer.

957.1.2 DEFINITION OF DESIGNATED INFECTION CONTROL OFFICER (DICO)

Person serving as an agency’s designated infection control officer under section 81.012 of the

Health and Safety code. Austin Police Departments designated DICO will be the APD physician.

957.1.3 DICO RESPONSIBILITIES

(a) DICO responsibilities shall include the following:

1. Serve as the point of contact for possible communicable disease exposure

reporting and post exposure notification;

2. Evaluate possible exposure events and required responses;

3. Document the exposure follow up process;

4. Interact and communicate with medical facilities involved in exposure testing,

and counseling for officers;

5. Monitor state and federal laws, regulations and guidelines for department

compliance;

6. Educate department members on current and new guidelines, laws and best

practices related to exposures;

7. Collect and maintain data related to exposure statistics and exposure rates for

monthly or year-end reports.

957.2 PREVENTION OF EXPOSURE

Each communicable disease has its own methods of causing infection. Each employee can limit

the risk involved with any method by simply using the tools that are available to each of them. Use

your (PPE's) personnel protection equipment i.e.: Rubber gloves, safety goggles and disposable

filter masks to decrease the risk of exposure and becoming infected with any disease/illness.

957.2.1 SUGGESTED EMPLOYEE ACTIONS IN ALL EXPOSURES

Employees believing they have been involved in a blood exposure should:

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(a) Thoroughly flush mucous membranes with water and thoroughly wash skin with soap

and water or hand sanitizer.

(b) It may be appropriate for the exposed employee who has been exposed to release

care & custody of the suspect or delegate other tasks to a fellow employee so that

the exposed employee may take more immediate decontamination or sanitization

measures.

957.3 BLOOD EXPOSURES

A blood exposure can occur when an external source of blood comes into contact with another

person's mucous membranes (eyes, mouth, or nose) or an opening in the skin. The highest risk

for contamination is with hepatitis.

(a) Notify a supervisor and proceed immediately to any hospital. It is recommended, but

not required, to use a hospital that is familiar with blood exposure protocol (e.g., Dell

Seton, Seton Main, St. David's).

(b) Upon arriving at the hospital employees should:

1. Explain to the intake nurse that they have been exposed to blood.

2. Review the circumstances of how the exposure occurred with the doctor. The

ER doctor will make an initial determination on whether a blood exposure has

occurred.

957.3.1 REPORTING REQUIREMENTS FOR ALL EXPOSURES

An employee who believes that they have been exposed to any communicable disease shall

notify their immediate supervisor (at least within 24 hours) or at the start of the next shift in

order to be eligible for wage continuation benefits. To safeguard the employee's rights to workers'

compensation, any required blood test should be done within 10 days to test for HIV and Hepatitis.

(a) The employee's supervisor shall ensure the following forms are completely filled out.

These forms are located in the Workers' Compensation Packet or can be printed from

the "Workers' Comp Folder" in the public drive.

1. Employers First Report of Injury or Illness (DWC-1)

2. Supervisor's investigation report

3. Letter of Rights for Employees

4. Employees Request for Wage Continuation (WC-800)

5. Texas Workers Compensation Work Status Report (DWC-73)

(a) This is filled out completely by the treating physician; however emergency

room physicians are not required by law to complete the DWC-73. In these

cases the discharge paperwork will suffice.

6. Fax only the signed and notarized Sworn Affidavit Requesting Testing Following

an Exposure and addendum to the following: (For All and any type of exposures

Blood, TB, Hepatitis, etc) to: The Austin Public Health (APH) Surveillance

Program at (512) 972-5772 and The APD Physician/DICO at (512) 974-0222.

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7. Fax all the above forms and discharge paperwork to the APD HR Workers'

Compensation Office or scan and email the forms from any XEROX network

printer to [email protected].

8. Forward all original documentation to the APD HR Workers' Compensation

Office via interoffice mail.

(b) With all suspected exposure incidents, the employee will also complete an exposure

packet which also must be submitted any time that an exposure is reported. The packet

will include the exposure affidavit.

1. If the exposure involves a sworn employee they must sign the sworn affidavit

requesting testing following an exposure in the presence of another licensed

Texas peace officer. The form can be notarized by another peace officer

provided that the notarizing peace officer has no relation to the incident

and cannot testify to any fact or circumstance surrounding the incident. The

notarizing officer and involved employee (exposed officer) cannot be the same

person.

(a) The exposed officer shall complete in 1st person only one of the following

exposure packets:

1. The Non-Needle and/or Sharps Exposure Packet; or

2. The Needle and/or Sharps Exposure Packet.

(b) The notarizing peace officer SHALL follow the instructions provided in the

packet.

the APH Surveillance Program at (512) 972-5772 and the APD Physician/

DICO at (512) 974-0222.

2. If the employee is a civilian, they will complete the exposure packet titled “Civilian

Only Exposure Packet” found in the same folder location; Public/APD approved

Forms/Workers comp.

(a) This exposure packet uses a sworn notary page instead of the Peace

Officer addendum form.

(b) The exposure packet will then be submitted in the same manner as the

sworn exposure affidavit.

957.3.2 SUPERVISOR RESPONSIBILITIES

Regardless of whether an ER doctor makes an initial determination that a blood exposure has

occurred, supervisors will:

(a) Make direct phone contact with the on-duty Watch Lieutenant via (512) 974-7822. If

no answer, have APD Communications facilitate direct phone contact. Brief the Watch

Lieutenant on the circumstances of the exposure.

(b) Notify the Austin Public Health at (512) 972-5555 of any potential employee blood

exposure incident. Only the APH doctor can make a final determination on whether a

blood exposure has occurred. If it is after hours, supervisors will leave a short message

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Communicable Disease Exposures and

Response Protocols - 749

with the employee's name, incident number, and whether the ER doctor made an initial

determination of blood exposure.

fax all the above forms and discharge paperwork to the APD HR Workers'

Compensation Office or scan and email the forms from any XEROX network printer

to [email protected].

957.4 POST EXPOSURE INFORMATION

Lab results from source blood draws completed by the Austin Public Health will be forwarded

to the Occupational Health Department at the direction of APD HR Workers’ Compensation.

Occupational Health will provide the results to the Department Physician/DICO.

(a) The Department Physician/DICO will contact the employee within 72 hours and inform

the employee of the results.

(b) Employees who have not heard from the Department Physician/DICO within 72 hours

of the incident should contact the Department Physician/DICO directly.

957.5 FILING OF CRIMINAL CHARGES

If criminal charges are to be filed against an individual for attempting to expose an officer to blood,

or to cause alarm or harass an officer by putting them in fear of being infected, regardless if

the individual is carrying a communicable disease, the officer should proceed with the filing of

Harassment of a Public Servant (Tex. Penal Code § 22.11).

(a) The individual need not be infected with a communicable disease to meet the elements

of Harassment of a Public Servant and therefore no blood draw from the individual will

be performed for the purpose of filing criminal charges.

(b) Under no circumstances will any suspect or person be requested to submit to any

blood and/or saliva sample for testing. Only the Austin Public Health has such

authority.

957.6 TUBERCULOSIS (TB) EXPOSURES

Tuberculosis is a disease that is spread from person to person through the air. It must be inhaled

by the victim for it to be contracted. Almost all TB can be cured. Becoming infected with TB is more

difficult than previously believed. TB is almost always contracted while indoors with an infected

person for long periods of time; the suns' UV (ultra violet) light kills active TB germs including drug

resistant strains.

(a) The employee who suspects that they have been exposed to TB shall notify their

supervisor and complete the workers' compensation packet and the exposure affidavit

packet. There is no need to report to any Emergency room for possible TB exposures.

(b) The exposed employee shall contact the TB Surveillance team at the Austin Public

Health (APH) during normal business hours. Their offices and clinic are located at

15 Waller Street, Austin TX. This is the only location where testing for the COA is

conducted. The Number is (512) 972-5460.

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an appointment time for their TB testing. Employees are reminded to contact the TB

surveillance team by phone prior to any testing/treatment. Prior calling will help in

arranging the most convenient and expedited testing for the employee.

(d) It is suggested that TB testing be completed by the HHSD team for they have the most

advanced experience dealing with TB and utilize the more advanced blood testing

procedures. The blood test is more accurate, less subjective and requires only one

visit, unlike the skin test which requires a subsequent interpretation visit.

(e) If an exposed employee desires that their personal physician perform the test, the

employee MUST ensure that their personal physician accepts workers' compensation

claims. Otherwise, tests conducted will be at the employees' expense.

957.7 EVIDENCE /PROPERTY HANDLING PROCEDURES

Evidence or other materials coming into the custody of the Police Department and suspected of

being contaminated should be treated with extraordinary care.

(a) General procedures:

1. All materials contaminated with blood or other body fluids, whether wet or dry,

will be handled with disposable rubber gloves.

2. Hypodermic needles and other sharp objects will be packaged in puncture

resistant containers.

(a) To prevent needle stick injuries; employees SHOULD NOT cap, bend,

break, or remove needles from the syringe, or otherwise manipulate the

needle by hand. The needles placement in the protective container is of

more importance.

3. Blood or body fluid contaminated equipment

(a) Any Non-disposable item, when contaminated with blood/body fluid, will

be treated as if the item has been exposed to a communicable disease.

It should be cleaned with a disinfectant agent (i.e. Chlorine bleach-

water solution of 1:10; as recommended by the CDC- Center for Disease

Control) followed by a thorough washing with soap and water. Metal items,

such as handcuffs or service weapons, require drying and lubrication/oil

treatment afterwards to prevent rust.

(b) Officer's Clothing contaminated with blood or body fluid should be removed

evaluated by EMS or AFD and decontaminated at the scene or bagged as

hazardous materials and disposed of per AFD Hazardous Materials policy

or EMS Biohazard policy.

4. Evidence with blood or body fluids should be packaged in accordance with

methods outlined in evidence handling procedures available at evidence drop

off locations. Items with blood or body fluid must be packaged to prevent any

cross contamination of other evidence/property and must be clearly marked as

"Biohazard". (General Order 618.4.4 (Hazardous Material)).

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957.8 QUARANTINE RESPONSE

The Center for Disease Control (CDC), Department of State Health Services (DSHS) and the

Austin Public Health (APH) have authority to establish quarantine areas. The APH is the local

health authority. The Austin Police Department will not establish a quarantine area.

(a) General Procedures:

1. Quarantine orders will be obtained by the local health authority (HA).

(a) In exigent circumstances a verbal notification from the HA to law

enforcement at the scene is acceptable as an official order.

(b) A written or verbal notice is similar to an arrest warrant. This is not an

arrest, but a detention under an Order of Protective Custody as issued

under HSC 81.162.

2. Persons who try to enter or leave quarantine may be guilty of a 3rd Degree

Felony under HSC 81.085.

(a) HSC 81.085 authorizes “reasonable force” to secure a quarantine area

and except as directed by the department (DSHS) or HA, to prevent an

individual from entering or leaving the quarantine area.

(b) Officers will follow the Department’s Response to Resistance general

order.

3. The initial officers at the site of quarantine may not have full Personal Protective

Equipment, or PPE.

(a) These officers shall remain outside of the quarantine area as much as

possible, avoiding the “hot zone” unless needed by AFD/EMS. They will

remain on scene until relieved by better equipped and trained units. The

officers may contact AFD/EMS to obtain PPE.

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Limited Duty, Extended Limited Duty, Return

to Work, and Pregnancy - 752

Limited Duty, Extended Limited Duty, Return to

Work, and Pregnancy

958.1 PURPOSE AND SCOPE

The purpose of this order is to establish procedures for assigning employees to Limited Duty or

Extended Limited Duty. These assignments may be available to an employee who has an on-

duty, off-duty, or non-occupational injury or illness, or is pregnant.

(a) Guidelines for on-duty injury, illness, and crash incidents can be found in General

Order 956 (On-Duty Injury and Illness).

(b) Guidelines for off-duty or non-occupational injury and illness incidents can be found

in General Order 955 (Attendance and Leave).

958.2 DEFINITIONS

Limited Duty Status - A temporary, limited term assignment not requiring performance of the

full range of duties associated with the regular job classification due to medical limitations or

restrictions.

Extended Limited Duty - An extension of Limited Duty status for non-probationary, sworn

employees who have been on Limited Duty in excess of a cumulative total of 1,040 hours as a

result of an on-duty or off-duty injury or illness.

Return to Work Program (RTW) - A City of Austin program that attempts to locate alternate job

placement within the Department or City for civilian employees who can no longer perform the

essential functions of their job due to:

(a) A compensable injury or illness; or

(b) An off-duty injury or illness that is designated as meeting the definition of a disability

under ADA.

958.3 LIMITED DUTY GUIDELINES

Limited Duty assignments are a management prerogative and not an employee right. These

assignments are intended to provide employees with the ability to continue working within the

limits of their restrictions and limitations on a temporary basis while providing the Department

with productive employees during the interim period. The Department will engage in a good faith

interactive process to consider reasonable accommodations for any employee with a temporary

or permanent disability.

(a) The Chief has the ultimate authority to determine whether it is in the best interest of the

Department to place an employee on Limited Duty status and, if so, in what position

within the Department.

(b) For sworn employees, the Chief or designee may at any time invoke the fitness for

duty process as outlined in Texas Local Government Code 143.081.

APD General Orders Issued 7/12/2022

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General Orders

Limited Duty, Extended Limited Duty, Return to Work, and Pregnancy

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Limited Duty, Extended Limited Duty, Return

to Work, and Pregnancy - 753

job functions by the process outlined in Texas Local Government Code 143.081, the

procedure outlined in General Order 958.3.1(d) 2(a) shall apply.

(d) Limited Duty assignments shall be subject to continuous reassessment dependent

upon:

1. Department need; and

2. The estimated length of time the employee is expected to remain on Limited

Duty; and

3. The employee's current medical limitations and restrictions as dictated by a

physician; and

4. The employee's ability to perform in a Limited Duty capacity.

(e) At the Department's discretion, employees with a compensable injury or illness may

be assigned to a Limited Duty position outside of their normal assignment or duties if

it becomes available and is consistent with any medical restrictions.

1. If offered, employees shall be required to take the offered assignment; failure

to accept the assignment may result in the employee forfeiting their workers'

compensation indemnity benefits and may be subject to disciplinary actions.

2. If an assignment meeting the required restrictions and limitations is unavailable,

employees may be eligible for FMLA or Worker's Compensation indemnity

benefits until an assignment becomes available.

3. Employees who disagree as to whether their bona fide job offer is within the

parameters of their medical limitations will be required to submit a memo along

with an updated DWC-73 which supports their new limitations and/or work status

change. This documentation will be submitted to Risk Management within

48 hours of receiving a bona fide job offer. Failure to provide this updated

information may subject an employee to disciplinary actions.

(f) Employees on a Limited Duty assignment shall be required to:

1. Undergo a medical re-evaluation, as directed by a physician; or,

2. Submit an updated DWC-73 (for an on-duty injury/illness) or a Medical

Release to Return to Work Form (for an off-duty injury/illness (PD0119)

to [email protected] within 24 hours of the

appointment; and,

3. Attend Designated Doctor appointments set by the Texas Department of

Insurance, Division of Worker's Compensation.

(g) Employees with an off-duty injury or illness may be offered a Limited Duty position. If

a position is offered, the employee may either accept the position or continue to draw

on personal leave balances (e.g., sick, vacation).

(h) Employees that cannot adequately perform in a Limited Duty assignment may have

such assignment modified or discontinued.

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(i) The lack of Department need or a change in priorities may result in the employee's

removal from or modification of a Limited Duty assignment.

(j) The Department may place conditions as deemed appropriate upon any Limited Duty

assignment.

958.3.1 SWORN EMPLOYEES

All Limited Duty assignments for sworn personnel shall be coordinated through the APD Risk

Management Unit:

(a) Sworn employees shall be notified in writing by APD Risk Management of any

approved, modified or canceled Limited Duty assignment.

(b) Sworn employees may remain on Limited Duty status for no more than a cumulative

total of 1,040 hours (including, but not limited to, vacation, exception vacation, sick

time, comp time, personal holidays, LTD, POD, and PFS hours) per incident of injury

or illness.

1. Prior to returning to full duty, sworn employees shall coordinate with APD Risk

Management and may be required to provide a Medical Release to Return to

Work Form (PD0119) completed by their physician.

2. At least thirty (30) days before the expiration of a cumulative total of 1,040 hours

of Limited Duty, the employee’s physician must submit a written report to APD

Risk Management indicating an anticipated return to work date, identifying the

duration of any restrictions on the ability to return to full duty, and supporting the

need for any additional limited duty time.

3. If a sworn employee's physician determines that the employee cannot return

to Full Duty after the initial 1,040 hours, sworn employees may request an

Extended Limited Duty assignment as outlined in this order. The Chief may

approve the Extended Limited Duty assignment or invoke the fitness for duty

process outlined in Texas Local Government Code 143.081.

(a) If a sworn employee is not approved for a Limited Duty or Extended

Limited Duty assignment and is designated not physically or mentally fit for

duty by the process outlined in Texas Local Government Code 143.081,

employment may be terminated.

958.3.2 CIVILIAN EMPLOYEES

All Limited Duty assignments for civilian personnel shall adhere to the following guidelines:

(a) Civilian employees shall be notified in writing of any approved, modified or canceled

Limited Duty assignment.

(b) On-Duty Injury and Illness

1. All Limited Duty assignments for on-duty injury and illness shall be coordinated

through the APD Workers' Compensation Office.

(a) Civilian employees may be entered into the Return to Work Program for

an on-duty injury and illness for a total of 180 days.

APD General Orders Issued 7/12/2022

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General Orders

Limited Duty, Extended Limited Duty, Return to Work, and Pregnancy

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to Work, and Pregnancy - 755

1. The first 90 days shall be under the APD Return to Work Program

for placement within the Department.

2. If no placement is found, the second 90 days shall be under the City

of Austin Return to Work Program for placement within the City of

Austin.

(b) If no placement is found in APD or the City of Austin after 180 days,

employment may be terminated.

1. All Limited Duty assignments for off-duty injury and illness shall be coordinated

through APD-HR.

(a) Assignments shall only be accommodated if one is available in the

employee's current work unit and the assignment is within the medical

restrictions determined by the physician.

(b) Civilian employees may remain on Limited Duty status for no more than a

cumulative total of 520 hours per off-duty injury and illness.

assignment for no more than 30 days. Employees unable to return to Full

Duty status after 30 days will be placed on No Duty status. Employees on

a reduced work schedule may be eligible for FMLA.

(d) As soon as APD-HR becomes aware that the employee will be unable to

return to Full Duty after 8 weeks of being on a Limited Duty status, the

employee will be informed of their rights under FMLA, ADA and the City

of Austin Return to Work Program as appropriate.

2. If a Limited Duty assignment is not available, employees shall be placed on a

No Duty status using their own personal leave (e.g., sick, vacation).

(a) Employees shall be informed of their rights under ADA and the City of

Austin Return to Work Program, as appropriate.

(b) Employees may be eligible for FMLA.

General Order 955 (Attendance and Leave).

958.4 EXTENDED LIMITED DUTY ASSIGNMENTS

This section applies only to non-probationary, civil service employees. There is no constitutional

or statutory entitlement to an Extended Limited Duty assignment. The Chief of Police has created

this order in recognition of the fact that in many instances, an injured officer may still make a

significant contribution to the Department's mission.

(a) The intention of this order is to place injured employees in temporary positions with the

understanding and expectation that they will return to Full Duty at some future date.

1. Extended Limited Duty assignments are not intended to create a permanent

Limited Duty career path.

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to Work, and Pregnancy - 756

2. While Extended Limited Duty assignments have no specified time limit, the Chief

of Police retains the right to impose one at any time.

(b) Two (2) essential job functions of every Austin Police Officer are the ability to make a

forcible arrest and qualify with a firearm. Extended Limited Duty positions waive these

specific essential functions as long as the following requirements are met:

1. The employee obtains an exemption from TCOLE waiving any State mandated

requirements for certification that the employee cannot comply with due to their

injury or illness.

2. A copy of the exemption is on file with the Department.

(d) If the Chief of Police questions a physician's report, the Chief may formally invoke the

fitness for duty process outlined in Texas Local Government Code Section 143.081.

(e) Extended Limited Duty assignments will be evaluated as directed by the Chief of Police

or designee. The Chief of Police has the authority to invoke the fitness for duty process

at any time if a question arises as to whether the employee is sufficiently physically

and mentally fit to continue their duties.

(f) The assignment to Extended Limited Duty does not affect an employees entitlement to:

1. A paid leave of absence for an injury or illness that is sustained in the line of

duty pursuant to Texas Local Government Code Section 143.073; or

2. Any other form of leave that the employee may be entitled to under Chapter B

of the City of Austin Personnel Policies, the Meet and Confer Agreement, and

State or Federal law. (e.g., FMLA).

958.4.1 APPLYING FOR AN EXTENDED LIMITED DUTY ASSIGNMENT

A sworn employee who has been on Limited Duty status a cumulative total in excess of 1,040

hours may be placed on Extended Limited Duty as provided for in this order and only with the

approval of the Chief or an assistant chief.

(a) At least sixty (60) days before the expiration of a cumulative total of 1,040 hours of

Limited Duty, the employee must submit the physician's written report to the APD HR

Workers' Compensation Office indicating a reasonable anticipated date to return to

Full Duty.

1. If the physician determines the employee will not be able to return to Full Duty

by the expiration of a cumulative total of 1040 hours of Limited Duty, the officer

may, within thirty (30) days of the expiration of the 1040 hours, submit a written

request for an Extended Limited Duty assignment to the Chief of Police through

the APD HR Workers' Compensation office.

2. The Chief of Police has the authority to deny an officer placement in an Extended

Limited Duty assignment if the Chief determines that such placement is not in

the best interest of the Department.

APD General Orders Issued 7/12/2022

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(b) Preferences for Extended Limited Duty assignments shall be given to employees

with a compensable on-duty injury or illness, as well as employees with a qualifying

disability as outlined below.

958.4.2 QUALIFYING DISABILITY

(a) If a condition qualifies as a disability under State or Federal law, the employee with the

qualifying disability shall have preference for an Extended Limited Duty assignment

provided:

1. The employee can perform the essential functions of the Extended Limited Duty

assignment; and

2. The Chief of Police determines it is in the best interest of the Department to

place the employee in that assignment.

(b) Employees claiming to have a qualifying disability must submit sufficient supporting

medical documentation from their physician in order to have preference in the selection

process.

958.4.3 REVISION OR REVOCATION OF THIS ORDER

The Chief of Police has the authority to discontinue or amend any part of this order at any time

when it is determined to be in the best interest of the Department.

(a) In the event the Chief of Police should rescind or amend this order, employees in

Extended Limited Duty assignments must obtain a release to Full Duty from their

physician within 90 days of being notified the assignment will be eliminated.

(b) If any or all Extended Limited Duty positions are eliminated and an employee is unable

to return to Full Duty within 90 days, every effort will be made to locate alternate

placement within the Department.

suffered a compensable injury or illness shall be referred to the City of Austin Return

to Work Program. If placement through this program is not successful, employment

shall be terminated.

958.5 PREGNANCY

This section outlines:

(a) The method of reporting pregnancy.

(b) The guidelines for reassignment to a Limited Duty assignment.

(d) The guidelines for returning to Full Duty.

958.5.1 NOTIFICATION OF PREGNANCY AND REASSIGNMENT

(a) An employee should notify her commander/manager that she is pregnant when she

feels she can no longer perform one or more of the essential functions of her normal

duties.

APD General Orders Issued 7/12/2022

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General Orders

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Published with permission by Austin Police Department

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to Work, and Pregnancy - 758

1. Upon receiving such notification from an employee, a commander/manager has

the discretion to place the employee on Special Assignment to an appropriate

position without the documentation of a physician.

2. The employee shall not be considered on Limited Duty due to the lack of medical

documentation.

(b) An employee shall notify her commander/manager if her physician believes she can

no longer perform one or more of the essential functions of her normal duties.

1. The employee shall submit to her commander/manager a written request for

reassignment to a Limited Duty position within the Department.

2. The physician's opinion shall be attached to such request, together with the

physician's recommendation on restrictions and limitations of duties.

3. The commander/manager shall forward a copy of the request to the APD Risk

Management Unit for the employee's confidential medical file.

4. Reassignment to a Limited Duty position shall be handled by the APD Risk

Management Unit and should be made in accordance with a physician's

recommended restrictions and limitations necessitated by the employee's

changing physical condition.

5. The duration of such reassignment shall include the time prescribed by the

physician.

Assignment if reasons can be articulated as to why the employee is no longer able to

perform one or more of the essential functions of her duties.

1. The supervisor may request the employee to provide medical documentation

from her physician regarding her ability or inability to perform the essential

functions of her job.

2. If the medical documentation indicates the employee has:

(a) No restrictions and/or limitations, the employee shall only be placed on

Special Assignment if requested as outlined in (a).

(b) Restrictions and/or limitations, the chain-of-command shall follow the

procedures for placing the employee on Limited Duty as outlined in (b).

958.5.2 GRIEVANCE PROCEDURES

If an employee's physician has requested the employee be assigned to a Limited Duty position

and the physician feels that the Department is not providing proper reassignment, the employee

may file a grievance in writing to her commander/manager.

(a) The employee shall be required to present a copy of the following:

1. The physician's original request for reassignment; and

2. The recommended restrictions and limitations of the employee; and

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3. A written statement listing the reason(s) the employee believes the assignment

is inappropriate.

958.5.3 REQUESTING FMLA OR LEAVE OF ABSENCE WHILE PREGNANT

(a) Employees eligible for Family Medical Leave (FMLA) shall be granted up to 12 weeks

each calendar year for the birth of a child.

1. Employees who request FMLA must submit a completed Request for Family and

Medical Leave form and Certification of Health Care Provider form to APD-HR

at least thirty (30) days prior to the estimated delivery date.

(b) Employees not eligible for FMLA, or who have exhausted FMLA leave, may request

a leave of absence as outlined in City of Austin Policies.

1. Employees requesting a leave of absence must make the request in writing.

2. The request shall include the anticipated date of return and any other

documentation the employee feels is necessary to support the request.

3. The request shall be submitted to APD-HR.

accordance with City Personnel Policies.

958.5.4 RETURNING TO DUTY

Before returning to work the employee must provide a Medical Release to Return to Work form to

their supervisor indicating the anticipated return to a Limited Duty or Full Duty status.

(a) If the employee returns on a Limited Duty status, the form shall include any restrictions

and either an anticipated date the employee will return to Full Duty or the employee's

next anticipated medical evaluation appointment.

(b) If the employee requires an extension of their Limited Duty status beyond the

anticipated return to Full Duty date, the employee must obtain an additional Medical

Release to Return to Work form. The form shall include any restrictions and a new

anticipated date to return to Full Duty or the employee's next anticipated medical

evaluation appointment.

form on file with their supervisor and APD Risk Management with either an anticipated

return to Full Duty date or employee's next anticipated medical evaluation appointment

date until they have been released to Full Duty status by their treating doctor.

958.6 SWORN PROBATIONARY EMPLOYEES

A sworn employee's probationary period begins on the date of commission with APD and ends

after 15 months. Employees who are assigned to a temporary Limited Duty assignment or who

take leave (other than non-FMLA vacation), shall have their probation extended by a period of

time equal to the assignment or leave taken.

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General Orders

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958.6.1 OFFICERS ENROLLED IN THE FIELD TRAINING PROGRAM

(a) An Officer is automatically enrolled in the Field Training Program upon commission as

a police officer and must complete a minimum of 15 months of Field Training assigned

to a uniformed patrol shift.

(b) Officers who are assigned to a non-patrol uniformed shift (including DTAC), will have

their Field Training enrollment extended by a period of time equal to the assignment.

of training days with a Field Training Officer as determined by the SOP (e.g.,

Modified, Standard, or Returning Officer) and upon successful completion of all FTP

assignments.

(d) Upon completion of the FTP, the Field Training Coordinator will submit the records to

be entered into TCOLE.

958.7 MAINTENANCE OF CERTIFICATION AND TRAINING

(a) Employees assigned to any Limited Duty assignment shall maintain all certification,

training, and qualifications appropriate to both their regular and temporary duties

provided the certification, training, or qualifications are not in conflict with any

limitations or restrictions.

(b) Employees assigned to a Limited Duty assignment shall inform their supervisor of any

inability to maintain any certification, training, or qualifications.

958.8 PROMOTION OF CIVIL SERVICE EMPLOYEES

Provided the Chief of Police does not have a valid reason for a promotional bypass, sworn

employees on Limited Duty or Extended Limited Duty are eligible for promotion under the following

circumstances:

(a) The employee obtains a release to Full Duty from their personal physician prior to the

effective date of the promotion; or

(b) An Extended Limited Duty assignment is approved and available in the rank the

employee would be promoting to.

958.9 RESTRICTIONS WHILE ON LIMITED DUTY AND EXTENDED LIMITED DUTY

While on Limited Duty or Extended Limited Duty, employees shall not engage in conduct that

could possibly hinder their own recovery or safety or the safety of others.

(a) No sworn or civilian employees shall:

1. Drive a City-owned vehicle without supervisor approval.

2. Utilize a take home vehicle without supervisor approval.

3. Participate in any firearms training, practice, or qualifications.

4. Participate in activities that could possibly hinder recovery (e.g., strenuous

athletic activity).

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5. Work any secondary employment that is inconsistent with any medical limitations

or restrictions.

6. Work any secondary law enforcement related employment (LERE).

(b) Sworn employees may request to work Department Overtime and Non-LERE

secondary employment by completing the Limited Duty Request for Departmental

Overtime and Non-LERE Employment form (PD0143) and submitting it to the

Professional Standards II Risk Management commander at least 7 days prior to the

assignment.

1. The form shall specify the duration and duties being performed during the

overtime assignment; and

2. The Professional Standards II Risk Management commander shall determine

if the duties of the assignment are within the medical limitations or restrictions;

and, submit a written response to the requesting employee granting approval or

denial of the overtime assignment.

1. Wear any part of the APD police uniform.

2. Enforce any laws of the United States, State of Texas, or Ordinances of the City

of Austin.

3. Take law enforcement action or make arrests.

4. Carry a firearm unless:

(a) It is concealed; and

(b) There are no medical limitations or restrictions which would prevent

employees from using the weapon in an authorized manner.

5. Display their police badge or identification card, either on-duty or off-duty, in a

manner that may identify them as a police officer.

(a) This provision does not supersede the requirement that all Department

employees must display Department issued identification while on

Department premises.

APD General Orders Issued 7/12/2022

959

Austin Police Department

General Orders

Published with permission by Austin Police Department

Restricted and Administrative Duty - 762

Restricted and Administrative Duty

959.1 PURPOSE AND SCOPE

The purpose of this order is to outline when and how an employee is placed on restricted duty

or administrative leave/duty.

959.2 RESTRICTED DUTY OR ADMINISTRATIVE LEAVE/DUTY

Employees involved in serious, critical, or traumatic incidents, not limited to shootings or fatality

crashes, may be placed on restricted duty or administrative leave/duty status to restrict their

authorities and/or work functions. This may be done at any point during an investigation when

maintaining regular duties may compromise the integrity or general order of the Department.

(a) Employees will be placed on restricted duty or administrative leave/duty when their

actions or use of force in an official capacity result in death or serious bodily injury

to another person.

(b) Employees may be placed on restricted duty or administrative leave/duty based on

any of the following factors:

1. A compelling reason to believe the employee poses a threat to someone; or

2. An allegation of serious misconduct; or

3. The employee represents an increased potential liability to the Department; or

4. Physical violence was involved in a violation; or

5. The employee is pending physical, drug or psychological testing.

959.3 DUTY RESTRICTIONS

(a) Officers placed on restricted duty or administrative leave/duty may be assigned to

clerical duties at an APD site or at their residence and may have full, limited, or no

police authority.

1. Sworn employees placed on Administrative Duty status shall contact APD Risk

Management at [email protected] advising their limited

duty status no later than their next working day. APD Risk Management will

place the sworn employee in an Administrative Duty assignment.

(b) Civilian employees may be placed on administrative leave.

duty status will be listed on the written direct order given placing the employee on

restricted duty or administrative leave/duty.

1. A restricted duty or administrative leave/duty order may restrict employees from:

(a) Enforcing any laws or ordinances.

(b) Working any Law Enforcement Related Secondary Employment.

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(d) Carrying any firearm on City or APD facilities.

(e) Carrying any firearm off-duty unless the employee holds a Handgun

License (HL).

2. In addition, a restricted duty or administrative leave/duty order may require

employees to:

(a) Report to a designated supervisor at specified times.

(b) Remain available for court appearances.

duty hours unless on approved leave. Employees must report to their

designated supervisor if they leave the designated work station for more

than reasonable breaks.

(d) Furnish a phone number where they can be reached at 24 hours a day to

their designated supervisor and Internal Affairs.

959.4 PLACEMENT PROCEDURES

An employee's commander/manager or, in the event of an emergency, the Duty Commander,

may place an employee on restricted duty or administrative leave/duty status. When practical,

these procedures will take place in private with only the employee, the employee's supervisor,

and, if requested, IA present. Upon request, IA will assist supervisors with completing the proper

paperwork to place an employee on restricted duty or administrative leave/duty.

(a) The following steps are used to place employees on restricted duty or administrative

leave/duty:

1. Employees will be issued a written direct order immediately placing them on

restricted duty or administrative leave/duty and listing all restrictions being

placed upon the employee.

2. Employees will acknowledge the order by signing their name.

3. Employees should be assigned to daytime hours to maintain accessibility for the

investigator.

4. Supervisors may request the employee's APD computer access be suspended.

5. If required to do so, employees will turn in to their supervisor any Department

issued equipment (e.g., badge, APD identification, building access cards, and

Department issued firearms).

(a) Employees will receive a receipt for all property turned in.

(b) The property may be retained by the employee's supervisor or stored in

Police Equipment.

(b) The Chief will be notified of the placement as soon as practical.

become part of the IA investigative file.

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(d) While on any type of restricted duty or administrative leave/duty status or suspension,

other than an indefinite suspension, employees must maintain TCOLE licensing

requirements for annual qualification and mandatory training.

1. When employees are suspended or restricted from carrying their firearm on

police facilities and the TCOLE annual weapon's qualification requirement might

be violated, they will notify their supervisor so approved arrangements might be

made for weapons qualification.

2. Employees are ultimately responsible for ensuring their compliance with all

TCOLE mandated licensing requirements.

959.5 RETURN TO FULL DUTY STATUS

(a) Employees may be returned to full duty status only upon:

1. The conclusion of the investigation or suspension.

2. By order of a court or Civil Service Proceeding.

3. By order of the Chief or designee.

4. When applicable for civilian employees by order of the City Manager.

(b) Employees will be returned to full duty status by their commander/manager, with

concurrence of the appropriate assistant chief.

will be made part of the IA investigative file. Employees will acknowledge the

documentation with their signature and will be given a copy of the signed form.

(d) Supervisors will:

1. Ensure any APD equipment and property is returned to the employee; and

2. Request the employee's access to APD computer systems be reinstated if it was

restricted.

APD General Orders Issued 7/12/2022

960

Austin Police Department

General Orders

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Mother Friendly Workplace - 765

Mother Friendly Workplace

960.1 PURPOSE AND SCOPE

The purpose of this order is to provide reasonable accommodations to employees desiring to

express breast milk for the employee’s infant child (Tex. Gov’t Code § 619.003).

960.2 POLICY

It is the policy of the Austin Police Department to provide, in compliance with the Fair Labor

Standards Act (FLSA) and the City of Austin’s Mother Friendly Workplace Policy, reasonable break

time and appropriate facilities to accommodate any employee desiring to express breast milk for

her infant nursing child (29 USC § 207; 25 Tex. Admin. Code § 31.1).

960.3 LACTATION BREAK TIME

A rest period should be permitted each time the employee has the need to express breast milk (29

USC § 207; Tex. Gov’t Code § 619.00 4). In general, lactation breaks that cumulatively total 30

minutes or less during any four-hour work period or major portion of a four-hour work period would

be considered reasonable. However, individual circumstances may require more or less time.

Lactation breaks, if feasible, should be taken at the same time as the employee’s regularly

scheduled rest or meal periods. While a reasonable effort will be made to provide additional time

beyond authorized breaks, any such time exceeding regularly scheduled and paid break time may

be unpaid, depending on the circumstances.

Employees desiring to take a lactation break shall notify Communications or a supervisor prior to

taking such a break. The Department may require employees to reasonably delay lactation breaks

if taking the break immediately would seriously disrupt the Department’s operations.

Once a lactation break has been approved, the break should not be interrupted except for

emergency or exigent circumstances.

960.4 PRIVATE LOCATION

The Department will make reasonable efforts to accommodate employees with the use of an

appropriate room or other location to express milk in private. Such room or place should be in

proximity to the employee’s work area and shall be other than a bathroom or toilet stall. The

location must be shielded from view and free from intrusion from co-workers and the public (29

USC § 207; Tex. Health & Safety Code § 165.003; Tex. Gov’t Code § 619.00 4).

Employees occupying such private areas shall either secure the door or otherwise make it clear

to others that the area is occupied with a need for privacy. All other employees should avoid

interrupting an employee during an authorized break, except to announce an emergency or other

urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest

appropriate private area.

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960.5 STORAGE OF EXPRESSED MILK

An employee shall be provided with access to a hygienic storage area for her expressed milk.

Any employee storing expressed milk in any authorized refrigerated area within the Department

shall clearly label it as such and shall remove it when the employee’s shift ends (Tex. Health and

Safety Code § 165.003).

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Austin Police Department

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Employee Speech, Expression, and Social

Networking

972.1 PURPOSE AND SCOPE

This order is intended to address issues associated with employee use of social networking sites

and to provide guidelines for the regulation and balancing of employee speech and expression

with the legitimate needs of the Department.

Nothing in this order is intended to prohibit or infringe upon any employee's communication,

speech or expression that has been clearly established as protected or privileged.

972.1.1 APPLICABILITY

This order applies to all forms of communication including but not limited to film, video, print

media, public or private speech, use of all Internet services, including the World Wide Web, email,

file transfer, remote computer access, news services, social networking, social media, instant

messaging, blogs, forums, video and other file-sharing sites.

972.1.2 FIRST AMENDMENT CONSIDERATIONS

The United States Supreme Court case of Garcetti v. Ceballos (2006) held that speech made by

public employees pursuant to their official duties is generally not protected by the First Amendment

from employer discipline. Employees should be cognizant of the fact they are responsible, and

may be held accountable, for any and all speech, posts, etc. made by them relating to, or as a

result of, their employment.

Employees who are off-duty and speaking as private citizens on their personal social media

website account(s), or in other forums, and address a matter of public concern are generally

protected under the First Amendment from employer discipline. Matters of public concern include

topics that address an issue of political, social, or other concern to the community, including

matters of public corruption or the efficient provision of government services.

The United States Supreme Court case of Connick v. Myers (1983) held that speech made by

public employees which affects the efficient operation of the public employer may not be protected

by the First Amendment from employer discipline.

972.2 POLICY

Public employees occupy a trusted position in the community, and thus, their statements have the

potential to contravene the orders and performance of this department. Due to the nature of the

work and influence associated with the law enforcement profession, it is necessary that employees

of this department be subject to certain reasonable limitations on their speech and expression. To

achieve its mission and efficiently provide service to the public, the Austin Police Department will

carefully balance the individual employee's rights against the Department's needs and interests

when exercising a reasonable degree of control over its employees' speech and expression. This

policy is not intended to restrict employee speech that is protected by the First Amendment.

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972.3 SAFETY AND OTHER CONSIDERATIONS

(a) Employees should consider carefully the implications of their speech or any other form

of expression when using the Internet. Speech and expression that may negatively

affect the safety of the Austin Police Department employees, such as posting personal

information in a public forum, can result in compromising an employee's home address

or family ties. Employees shall therefore not disseminate or post any information on

any forum or medium that could reasonably be expected to compromise the safety or

privacy of any employee, an employee's family or associates.

(b) Unless otherwise stated in this policy, employees are not barred from presenting

themselves on the Internet or on social media platforms as Austin Police Department

employees. However, when posting information or material to the Internet or to

social media platforms, or in any publicly accessible communication application or

medium, employees shall carefully consider whether or not to identify themselves

as employees of the Austin Police Department or members of law enforcement.

Any information posted or disseminated may remain accessible to the public for an

indefinite length of time even if access is restricted. Posted information may impact

courtroom credibility, potential citizen contacts, employee safety, or the ability to seek

and obtain an undercover assignment within the Department.

972.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the Department's safety, performance, and public-trust needs, the following is prohibited:

(a) Speech or expression made pursuant to an official duty that tends to compromise

or damage the mission, function, reputation or professionalism of the Austin Police

Department or its employees.

(b) Speech or expression that, while not made pursuant to an official duty, is significantly

linked to, or related to, the Austin Police Department and tends to compromise or

damage the mission, function, reputation or professionalism of the Austin Police

Department or its employees.

impact on the credibility of the employee as a witness. Posting or making statements

or expressions that glorify or endorse dishonesty, unlawful discrimination, or illegal

behavior is prohibited.

(d) Speech or expression of any form that could reasonably be foreseen as creating a

negative impact on the safety of the employees of the Department. This includes

speech or expression that would reveal the identity or affiliation with law enforcement

of any undercover officer.

(e) Speech or expression that is contrary to the canons of the Law Enforcement Code of

Ethics as adopted by the Austin Police Department.

(f) Speech or expression that reveals the identities of victims, suspects, or witnesses

to an investigation or police related incident, without the express consent of those

person(s). Additionally, employees will not post content or make statements regarding

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the guilt or innocence of suspects/arrestees in cases involving the Austin Police

Department, the involved employee, or where such information would reveal non-

public information, violate confidentiality provisions of law or APD policy, would impact

ongoing investigations, or would otherwise impact efficient operations of the Austin

Police Department.

(g) Use or disclosure, through whatever means, of any information, photograph, video or

other recording obtained or accessible as a result of employment with the Department

for financial or personal gain, or any disclosure of such materials without the expressed

authorization of the Chief of Police or designee (Tex. Penal Code § 39.06(a)(1)).

(h) Posting, transmitting or disseminating images, video or other media that may include

sensitive (CJIS) information or would otherwise compromise the integrity of an

investigation (See General Order 116.8 PRIVACY AND SECURITY OF RECORDS).

(i) Failure to take reasonable and prompt action to remove any content that is in violation

of this order and/or posted by others from any web page or website maintained by the

employee (e.g., social or personal website).

972.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

Unless specifically authorized by the Chief of Police, employees may not represent the Austin

Police Department or identify themselves in any way as being affiliated with the Austin Police

Department in order to do any of the following (Tex. Local Gov't Code § 556.004(c) and (d)):

(a) Endorse, support, oppose or contradict any political campaign or initiative.

(b) Endorse, support, oppose or contradict any social issue, cause or religion.

(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,

video, public broadcast or on any website.

Additionally, when it can reasonably be construed that an employee, acting in their individual

capacity or through some unofficial group or organization (e.g. bargaining group), is affiliated with

this department the employee shall give a specific disclaiming statement that any such speech or

expression is not representative of the Austin Police Department.

Employees retain their right to vote as they choose, to support candidates of their choice and to

express their opinions on political subjects and candidates at all times while off-duty. However,

employees may not use their official authority or influence to interfere with or affect the result of an

election or a nomination for office. Employees are also prohibited from directly or indirectly using

their official authority to coerce, command or advise another employee to pay, lend or contribute

anything of value to a party, committee, organization, agency or person for political purposes (5

U.S.C. § 1502)).

972.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to anything published or maintained

through file-sharing software or any Internet site open to public view (e.g., Facebook, Twitter).

While the Department does not actively monitor member off-duty use of social media, the

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Department does have the right to review and take appropriate lawful action with respect to

statements or speech that violate violates Departmental policy, conflicts with job duties, interferes

with the Department’s mission, or improperly discloses confidential Departmental information.

Additional guidelines on privacy expectations are outlined in:

(a) General Order 1000 (Department Technology Use); and

(b) General Order 1002 (Electronic Mail (Email) Communications).

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Chapter 10 - General Policies

APD General Orders Issued 7/12/2022

1000

Austin Police Department

General Orders

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Department Technology Use - 772

Department Technology Use

1000.1 PURPOSE AND SCOPE

Operation of all Department computers, software, and systems will be in accordance with City of

Austin Communications and Technology (CTM) policies. This order provides guidance on the use

of Department computers, software, and systems and is not meant to supersede established CTM

policies. Questions on this order should be referred to a supervisor or the Police Technology Unit.

All employees will take a yearly refresher training on all Department Technology Use policies and

affirm their commitment to abide by the code of conduct detailed in those policies. This training

will be conducted on the Department’s e-learning platform.

1000.1.1 PRIVACY POLICY

Any employee utilizing any computer, electronic storage device or media, Internet service, phone

service, information conduit, system or other wireless service provided by or funded by the

Department expressly acknowledges and agrees that the use of such service, whether for

business or personal use, shall remove any expectation of privacy the employee, sender, and

recipient of any communication utilizing such service might otherwise have, including as to the

content of any such communication.

(a) The Department expressly reserves the right to access and audit any and all data,

communications, and Internet usage, including content that is sent, received, and

stored through the use of Department systems. Periodic audits may be conducted by

the:

1. Police Technology Unit (PTU).

2. CTM.

3. Internal Affairs/Risk Management Division.

(b) All data, communications, and Internet usage by employees may be saved for an

indefinite period and may be retrieved and reviewed without notice as needed.

1000.2 DEFINITIONS

The following definitions relate to terms used within this order:

Department Technology - Includes all computers (on-site and portable), Internet, email,

hardware, software, and resources owned, leased, rented or licensed by the Austin Police

Department or City of Austin which are provided for official use by employees.

Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,

modems, or any other tangible computer device generally understood to comprise hardware.

Software - Includes, but is not limited to, all computer programs and applications including

"shareware." This does not include files created by the individual user.

(a) Freeware Software - Software freely obtained from public sources.

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(b) Shareware Software - Proprietary software that is provided to users without payment

on a trial basis and is often limited by a combination of functionality, availability, or

convenience.

1000.3 GENERAL DEPARTMENT TECHNOLOGY GUIDELINES

These orders apply to all employees of the Austin Police Department using any Department

Technology. Use of these systems implies that employees agree to comply with all applicable

laws, guidelines, and Department and CTM policies.

(a) The Police Technology Unit is responsible for maintaining and approving new

technology.

(b) Employees are responsible for their own network account regardless of who actually

uses it. Employees will log off the network upon completion of computer activity or take

reasonable precautions (e.g., lock the computer screen) when stepping away from a

computer.

of login and password, access codes, or other authentication devices to others must

be kept to an absolute minimum and done only when approved by a supervisor.

(d) Employees are responsible for taking reasonable precautions to avoid introducing

viruses to Department computer systems.

1. Files obtained from any source outside the Department (e.g., computers, thumb

drives, CD's, Internet, email attachments) may contain dangerous computer

viruses.

2. Employees should never use non-Department devices/sources, download

Internet files, or accept email attachments from unknown sources without first

scanning the material with Department-installed virus software.

3. If a user suspects that a virus has been introduced into the Department network,

the user should notify their supervisor and CTM through the Help Desk.

4. Employees should regularly scan their Department computer for viruses. Report

any viruses that the computer is not able to repair itself to CTM through the Help

Desk. CTM has scheduled a virus scan for all networked computers on a regular

basis.

(e) Employees who become aware of any computer system security breach, whether

internal or external, will immediately notify their supervisor, the Help Desk, and the

Police Technology Unit.

(f) Employees will notify their supervisor if they observe someone using Department

Technology inappropriately. The supervisor receiving such information will review it

and take appropriate action.

1000.3.1 PROHIBITED USES OF DEPARTMENT TECHNOLOGY

Prohibited uses of any Department Technology include, but are not limited to, the following:

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(a) Use for private gain or profit, or to solicit for political, religious, or other non-business

purposes.

(b) Engaging in discriminatory or harassing behavior, including sexual harassment.

Technology Unit.

(d) Creating an unauthorized copy of Department software.

(e) Violating or invading the privacy of others by posting information on the Internet

about another employee or unnecessarily viewing another employee's files or email.

Employees must be sensitive to the fact that Internet news group postings, email

messages, web sites, and various other communications on the Internet may be public

information.

(f) Placing any Department material (e.g., internal memos, bulletins) onto the Internet

without prior approval of the Chief of Police or designee.

(g) Interfering with or disrupting any Department network, Internet user, program, or

equipment.

1. Disruptions include but are not limited to:

(a) Propagation of computer worms, viruses, or other debilitating programs;

(b) Using the Department network to make unauthorized entry to any other

machine accessible by the network or Internet.

2. Deliberate attempts to degrade or disrupt system performance may be

considered criminal activity with possible prosecution under applicable state and

federal laws.

(h) Deliberately accessing pornographic or Internet gambling web sites without prior

authorization from a supervisor.

(i) Streaming of audio/video media from the Internet for non-business related purposes

without approval of a supervisor.

1000.4 EMPLOYEE COMPUTER ACCESS GUIDELINES

(a) New Employee, Employee Transfers, Employee Separation from Department

1. Supervisors are responsible for completing the appropriate request form to

create, transfer, or delete computer access for new employees, employee

transfers, and when an employee separates from the Department.

2. Forms can be found in the Approved APD Forms folder under Computer Security

Access Related Forms or the web based forms located on APD net.

(a) Completed forms will be sent to the Help Desk.

(b) A help ticket will be generated and sent to the Police Technology Unit for

approval.

(b) Employee Suspensions

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Technology Use

Published with permission by Austin Police Department

Department Technology Use - 775

1. Supervisors needing to have an employee's computer access suspended or

deleted should send an email to the Police Technology Unit Lieutenant or

Sergeant.

2. The Police Technology Unit will not suspend or delete an account for employee

suspensions of five (5) days or less. This does not prevent the employee's

chain-of-command from ordering the employee not to access the APD computer

system during the suspension period.

1000.4.1 SUPPORT PERSONNEL REMOTE ACCESS

CTM personnel may have to access employee computers from time to time for support reasons.

(a) When CTM personnel remotely connect into a computer, a small square notification

announcement will pop up in the bottom right of the computer screen to indicate that

someone has connected to the computer. This notice will contain that person's user

name and the remote computer they are using.

(b) It is the employee's responsibility to close down any applications or documents that

contain confidential or sensitive data prior to allowing any support personnel to connect

to the computer.

authorized will report this session to the Police Technology Unit immediately.

(d) If a virus or other potentially harmful program is detected and CTM personnel are

required to shut down a computer, they are authorized to remote into that computer

immediately without first contacting the user. This can occur when time is a factor

or when the primary computer user is not known. Employees should keep this in

mind when leaving work at the end of the day and should shut down all sensitive or

confidential software applications.

1000.5 DEPARTMENT HARDWARE AND SOFTWARE

Employees wishing to have any piece of hardware or software installed on a Department computer

will get approval from the Police Technology Unit prior to it being installed.

(a) Upon approval of any hardware/software request or change, the Police Technology

Unit will notify CTM for installation.

(b) When required for legal compliance, all software installed on Department computers

will be registered or licensed with the software manufacturer. Copies of the registration

and/or license agreement will be forwarded and maintained by CTM or designee.

in excess of that allowed by the manufacturer for trial purposes unless it has been

purchased and properly registered.

(d) Freeware software will only be installed on Department computers when it has been

ascertained that such software is usable by government organizations free of charge.

(e) No employee of the Department will use facial recognition technology, software, or

services for law enforcement, criminal investigative, or surveillance purposes. No

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Technology Use

Published with permission by Austin Police Department

Department Technology Use - 776

employee of the Department will knowingly permit facial recognition technology,

software, or services to be installed on City property by a private corporation.

1. If this order creates a conflict with operations at the Austin Airport, the

Department will comply with federal rules and regulations set forth on airport

property.

1000.5.1 PRIVATELY OWNED COMPUTER USE

Employees with proper authorization may utilize privately owned personal computer equipment

for Department business.

(a) Employees will adhere to Department and CTM policies when using privately owned

computers for Department business.

(b) Privately owned computers will not be connected directly to the Department network.

not be connected to Department equipment.

(d) Technical support on privately owned computers for Department business will be

considered on a case by case basis.

1000.6 REMOTE ACCESS GUIDELINES

The Austin Police Department has the capability to grant remote access to APD and City of Austin

computer systems for employees that need access when not at a normal work location.

Mobile Office is one form of remote access that enables employees to access a remote computer

from any computer (i.e., Tough book, Home PC, or another department computer.) This remote

computer includes the employees group folders, Versadex, Paging, Printers and other services

only accessible from a city computer. Remote access users shall comply with CJIS requirements

to ensure that CJIS data cannot be viewed by the general public.

1000.6.1 REQUESTING AND GAINING REMOTE ACCESS

(a) All employees have been granted remote access to APD Citrix. Employees needing

other types of remote access such as GoToMyPC or VPN must have approval from

the employee's Lieutenant or equivalent civilian manager.

(b) Some factors that should be considered when granting remote access to GoToMyPC

or a VPN:

1. The necessity for remote access

(a) Can the employee use Mobile Office instead?

(b) Is the employee on Emergency call back or when an employee is home

sick for an extended period of time?

access?

2. Is the employee a non-exempt employee?

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Technology Use

Published with permission by Austin Police Department

Department Technology Use - 777

(a) Non-exempt employee access must be in the City's best interest. Work

done while using remote access is considered productive time

(b) Non-exempt employees working remotely should be compensated for any

time that is beyond their normal 40 hours.

a Help Desk ticket that will be routed to APD Data Control to determine if a license

is required and available.

1. If a license is required but not available, the employee will be placed on a "stand

by" list for the next available license. This list will be used during budget planning

to determine whether to purchase more licenses.

2. The requesting employee must then complete the CTM Telework Request

Form. The completed form must be faxed to the Help Desk. The Help Desk

will generate a Help Desk ticket and send it to APD Data Control to verify

authorization. Once confirmed, the Help Desk will contact the requester to

complete the set up process.

1000.6.2 COMPLIANCE WITH CTM POLICIES AND REMOTE ACCESS TRAINING

As part of the APD readiness program all employees will complete Securing the Humans

Cyber-Security Awareness Training for Police. This will ensure that during an unplanned event,

employees will be able to access a city computer from home or other remote location if directed by

a supervisor. It will also ensure that that employees and supervisors are aware of the requirements

for tele-working (i.e., reporting for time and attendance, overtime usage, computer security etc.)

(a) Cadets will complete the training during the Police Academy and prior to any ride out.

(b) Civilian personnel will complete the training within the first 90 days of being hired.

having completed the CTM Telework Training.

1000.6.3 HOME ACCESS

(a) Employees that remotely access a City Computer, including Mobile Office from Home

or another personal computer are considered to be "tele-working":

1. CTM requires that virus and firewall protection be installed an employee's

personal computer. It is the responsibility of the employee to keep this software

up to date on security patches (The City provides free downloads of Antivirus

and Firewall software)

2. Employees will comply with the City of Austin Tele-work Personnel Procedures

and agrees to the duties, obligations, responsibilities and conditions for remote

access described in that document.

3. Tele-work access must be scheduled in advance and approved by

the employee's immediate supervisor (lieutenants are exempt from this

requirement.)

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Technology Use

Published with permission by Austin Police Department

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4. If technical difficulties occur employees must report those issues to the Help

Desk (974 HELP)

5. If employees cannot access the COA network, and do not have sufficient work

tasks to accomplish without this access, they may be required to come into the

office to complete the workday.

6. Employees will code their time sheet with TLC for hours worked while tele-

working.

7. Employees will not use COA equipment for personal use as outlined in the

Prohibited Uses of Department Technology section of APD General Orders.

(b) Accessing Mobile Office from home requires supervisor and APD Data Control

approval.

time Once that limit is reached, additional user access requests will be denied. Patrol

personnel have priority, and to insure access all personnel using the system should

log off as immediately upon task completion.

(d) Personnel should not use the system to simply check their email. Employees should

check email via pswebmail.com

1000.7 INTERNET USAGE

Internet access is only authorized for official Department business and users are expected to know

the tools, rules, and etiquette of the Internet.

Employees must use the Internet in accordance with all applicable laws and regulations. This

includes compliance with copyright and license laws governing programs, as well as data and

written materials accessed, obtained, or provided to others via the Internet.

1000.8 MANAGEMENT OF STORAGE AND BACKUPS

Electronic storage space limits are set by CTM based on allocated resources and the ability to

maintain and back up these files, along with budget constraints.

(a) Employees are allocated limited storage space and are responsible for managing the

amount of data collected and stored.

(b) Group folders have similar constraints set by CTM. Employees should avoid storing

electronic data that is already stored elsewhere in another group folder. Employees

should use alternate solutions such as links or Sharepoint to share the data.

stored according to General Order 618.5 (Digital Evidence Collection and Storage).

Personally allocated storage space (H Drive) will not be used to permanently store

any case related data.

(d) Employees are reminded that the Department has Records and Retention orders that

must be followed when deleting or removing any files.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Technology Use

Published with permission by Austin Police Department

Department Technology Use - 779

(e) Data saved on a networked computer drive (Digital Case Folder) is automatically

backed-up (copied); therefore, it is not normally necessary for employees to keep

additional copies. If there is a business need, any additional copies shall only be

stored on another source, (e.g., thumb drive, external drive) and maintained and stored

according to Department policy and retention.

(f) Employees needing to share large amounts of data may use the Officer to Officer Daily

Shared Folder located on the Public Data for APD Only drive. This folder is authorized

for the temporary storage of large files and storage time should not exceed 5 days.

Items in this folder 7 days or older will be automatically purged.

APD General Orders Issued 7/12/2022

1001

Austin Police Department

General Orders

Published with permission by Austin Police Department

Telework Policy and Procedure - 780

Telework Policy and Procedure

1001.1 PURPOSE

The purpose of this order is to provide guidelines for administering the Department’s telework

program. It defines the parameters of teleworking at home or at a satellite location. These

standards and procedures are to promote maintaining the highest level of employee productivity,

morale, customer service, and equity while supporting efficiencies, reducing traffic congestion,

supporting Continuity of Operations Plans (COOP), and sustaining the hiring and retention of a

highly qualified workforce.

1001.2 SCOPE

This order applies to Austin Police Department personnel who perform duties determined to be

manageable for teleworking. This order provides the guidelines, procedures, and forms needed

to enter into an approved telework agreement, including a description of roles and responsibilities

within the process.

1001.3 DEFINITIONS AND ACRONYMS

Telework - Telework refers to a work flexibility agreement under which an employee performs

the duties and responsibilities of the employee’s position, and other authorized activities, from an

alternate worksite other than a City-owned or City-leased office space. Telework may be for a

temporary period of time or used for an extended period.

Ad Hoc Telework - Situational telework arrangements that can be used on a temporary basis to

allow telework-ready employees to work from a remote or temporary worksite.

Alternative or Remote Worksite - The location where the employee establishes their telework

office, which is away from the employee’s designated worksite.

Continuity of Operation Plan (COOP) – A plan that describes the operations and continued

function of the Department during a disaster recovery, catastrophe, or emergency mode.

Designated Worksite - The location of the City-owned or City-leased office space to which the

employee would traditionally be assigned and report for work, if not teleworking.

Tactical Alert- When the Department has received or developed reliable intelligence that there

is a relatively high probability that a circumstance (man-made or natural) may escalate into an

emergency situation requiring the use of tactics and resources other than those used in a Normal

State of Readiness, the Chief or Police, or designee, may place the Department on Tactical Alert

in order to prepare for a decisive and immediate Department-wide tactical response.

Telework Schedule – Commanders, managers, or their designee may establish a telework

schedule to accommodate the ability for employees to work from an alternate worksite, other than

the employee’s designated worksite. An employee’s daily telework schedule may be different

than the daily work hours established when the employee is in the office.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 781

Telework Request Form (TRF) - Form used to request a telework schedule. This form highlights

the days and times that the employee wishes to telework, and verifies the remote worksite is within

a safe environment where the employee can maintain confidentiality of work-related information

as needed.

1001.4 RESPONSIBILITIES

The following outlines the responsibilities of each designated role in developing a telework

procedure.

1001.4.1 CHIEF OF POLICE OR DESIGNEE RESPONSIBILITIES

(a) Review, approve and update the Austin Police Department’s Telework program in

accordance with City and Department guidelines, as well as any applicable laws and/

or ordinances.

(b) The Chief of Police, Chief of Staff, Duty Chief, Duty Commander, or any designee of

the Chief of Police can suspend the Austin Police Department’s Telework Program

for all employees or select groups of employees as deemed necessary based on the

needs of the Department.

within this policy, and approve any considerations that require special circumstances.

1001.4.2 COMMANDER AND CIVILIAN MANAGER RESPONSIBILITIES

(a) Ensure unit SOPs include specific structure regarding on-site coverage levels, call

back response times, and performance expectations for sworn employees who are

teleworking.

(b) Ensure that no more than 25 percent of a sworn employee’s 40 hour week is telework.

scheduled to work TLC on the same day.

(d) Verify a telework schedule meets the needs of internal and external customers and

does not affect the level and quality of service that the Department provides.

(e) Review, evaluate, and approve/deny telework requests.

(f) Modify, suspend, or terminate a telework schedule at any time to maintain effective

and efficient work requirements.

(g) Modify, suspend, or terminate an employee's telework agreement for substandard

work performance or disciplinary issues.

(h) Evaluate if a position can accommodate a telework arrangement and approve telework

requests.

(i) Discuss performance standards, work results and performance measures related to

work performed at an alternate site.

(j) Allow eligible employees opportunities to participate as business needs permit.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

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(k) Ensure participating employees meet all eligibility criteria and have received an SSPR

review rating of Successful or above in their last SSPR review.

(l) Ensure appropriate documentation is completed electronically and emailed to APD

Human Resources Division.

(m) Annually evaluate if the positions under their area of responsibility can accommodate

a telework arrangement.

1001.4.3 EMPLOYEE RESPONSIBILITIES

(a) Complete a telework request form (TRF). All forms are located in APD HR Forms.

(b) TRF must be submitted to the employee’s direct supervisor and approved by the

employee’s chain of command up to the rank of Commander or Civilian Manager

telework. All forms are located in APD HR Forms.

(d) Ensure access to City approved team collaboration applications are available and

accessible to participate in team meetings.

(e) Provide a proper work environment in which to work.

(f) Comply with expectations while teleworking.

1001.4.4 APD HUMAN RESOURCES DIVISION RESPONSIBILITIES

(a) Monitor the program and provide a quarterly report on teleworking to the Chief of

Police.

(b) Provide advice and guidance for establishing and managing remote work

arrangements.

1001.5 GUIDELINES

These guidelines ensure that the Department properly documents telework procedures and has

consistent information, which is accessible for employees to know how the Department utilizes

the Telework Program. Teleworking is available only to eligible job functions/employees, at the

Department’s sole discretion. Teleworking is not an employee benefit intended to be available to

the entire organization and as such, no employee is entitled to, or guaranteed the opportunity to

telework. Employees that do telework must comply with all City and Department rules, guidelines,

policies, regulations, performance standards, and applicable laws and ordinances. Employees

are not required to enter into a telecommute schedule and employees have the right to refuse

to telecommute if the option is made available to them. This does not apply to COOP events or

situational circumstances (weather, building damages, street closures, etc.) in which employees

may be required to telework. Either the employee or the Department may terminate the employee’s

participation in the Telework Program for any reason and at any time, there is no requirement for

advanced notice to an employee prior to terminating an employee’s participation in the Telework

Program.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 783

1001.5.1 TELEWORK READINESS

(a) All employees will complete Cyber Security training, or any similarly assigned courses

required by City of Austin Communications and Technology Management (CTM). This

will ensure that during an unplanned event, employees will be able to access a City

of Austin computer from home or other remote location if directed by a supervisor. It

will also ensure that employees and supervisors are aware of the requirements for

teleworking (i.e., reporting for time and attendance, overtime usage, computer security

etc.).

1. Cadets will complete the training during the Police Academy and prior to any

ride out.

2. Civilian employees will complete the training within the first 90 days of being

hired.

3. All current employees will complete the training within 90 days of this policy

update.

(b) Equipment & Software

1. Employees may use personal or city-issued equipment; however, the software

applications must be compatible with Department systems and software.

Employees will need to have appropriate equipment available at their telework

location. The Department will not provide equipment (e.g., desk, computers,

office supplies, etc.) outside of what is permanently assigned to certain staff. No

equipment may be taken to an employee’s telework location without approval

of the Chief of Police or their designee. Any equipment approved to be used

at an employee’s telework location shall be documented and reported to Police

Equipment to be added to the employee’s personal inventory sheet for tracking

and accountability.

2. All equipment used for teleworking must comply with the technology standards

provided by CTM and APD's Police Technology Unit (PTU).

3. Only software approved by CTM and APD PTU may be installed on City owned

hardware.

4. Although not required to provide employees with City equipment to telework,

in the event employees receive written approval to take home equipment from

work, all property owned by the Department that was provided for telework must

be returned to the Department in the same condition that it was issued to the

employee when the employee ceases to telework. Equipment provided by the

Department shall not be used for personal purposes or non-City or non-APD

related business outside of the COA equipment use policy.

5. Employees will need to ensure they are complying with all applicable rules, laws,

and policies while conducting their duties. This includes, but is not limited to:

(a) Viewing of explicit materials that may be necessary for work purposes (i.e.,

photo and video evidence related to cases, etc.).

(b) Explicit and/or sensitive material, protected by law, shall only be accessed

via work devices (City computers, phones, etc.). If an employee does not

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 784

have access to these devices at their telework location they shall report to

their normal work location to complete the required work.

6. The City of Austin Communications and Technology Management (CTM) and

the Austin Police Department’s Police Technology and Business Technology

Units are prohibited from assisting with any technology issue related to

personally owned hardware and/or software.

7. No portion of this policy is intended to bind the City of Austin or the Austin Police

Department to any obligation of financial responsibility related to an employee’s

ability to telework, setup/maintain a telework site, or provide any reimbursement

for expenses incurred by the employee for teleworking.

1. Temperature, noise, ventilation, and lighting levels are adequate to maintain a

normal level of job performance.

2. Stairs with four or more steps are equipped with handrails.

3. Electrical equipment must be free of recognized hazards with the potential to

cause physical harm. For example, frayed wires, bare conductors, loose wires,

flexible wires running through walls, and exposed wires to the ceiling.

4. Aisles, doorways, and corners are free of obstructions to permit visibility and

movement.

5. File cabinets and storage closets arranged so drawers and doors do not open

into walkways.

6. Secure phone lines, electrical cords, and extension wires under a desk or

alongside a baseboard.

7. The office space is neat, clean and free of excessive amounts of combustibles.

8. Floor surfaces are clean, dry, level, and free of worn or frayed seams; carpets

are secured to the floor and free of frayed or worn seams.

9. Functional smoke alarm/detector and a readily accessible fire extinguisher.

NOTE: If an employee incurs a work-related injury while teleworking, the employee must notify

their supervisor/manager immediately.

1001.5.2 ELIGIBILITY CRITERIA TO TELEWORK

(a) Teleworking is based on the needs of the job, work group, department, and the

employee's ability to successfully perform their work duties in an alternative worksite.

(b) Outside of a COOP event, or tactical alert, when standard office operations are

available, employees must make and maintain dependent care arrangements to

permit concentration on work assignments at home. Teleworking is not suitable for

dependent care and is not a substitution for the use of Paid Accrued Leave.

and their supervisor. Unless otherwise agreed upon, employees are expected to

telework the same hours as their regular work hours.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 785

(d) Employees and supervisors are expected to complete Cyber Security training, or any

similarly assigned courses designed to prepare them for the teleworking experience.

(e) Employees must be available by phone and email during designated work hours.

(f) Employees must be available for staff meetings, and other meetings that are

considered necessary or required by management and/or their job function.

Employees may participate in a meeting through team collaboration software or a

conference call.

(g) Tactical alert responsibility supersedes the ability to telework, regardless of whether

an employee is designated as tactical alert status Alpha or Bravo.

1001.5.3 TELEWORK APPLICATION PROCESS

(a) Employees may apply to the telework program by completing the electronic Telework

Request Form (TRF).

(b) The TRF must be digitally signed by the employee and emailed to the employee's

supervisor for consideration. Digital/electronic signatures are required unless the

employee lacks access to do so, in, which case an ink signature, is required.

workgroups. Supervisors are expected to discuss TRF requests with their Civilian

Manager/Commander.

(d) Commanders or Civilian Managers will approve or deny requests based on the

eligibility requirements

(e) Once approved, the signed TRF and the signed Telework Agreement shall be sent

electronically to APD HR for retention.

1. The direct supervisor and/or employee will initiate the following:

(a) A COA service request for Remote Access through the CTM Service Desk,

if applicable (i.e., Citrix, NetMotion).

(b) A COA service request to have the employee’s desk phone transferred to

their personal phone or city-issued cell phone.

(f) If the Commander/Civilian Manager denies the TRF request, the Commander/Civilian

Manager will provide the employee with a written justification for the denial.

(g) Teleworking is not an employee benefit and no employee is entitled to, or guaranteed

the opportunity to telework. As such, denials are not appealable under MCS.

(h) If the employee is not satisfied with the Commander/Civilian Manager’s denial

justification, the employee may submit an internal request for review to the Executive

Staff Member for the bureau as the Chief’s designee to which the employee is

assigned. The decision rendered by the Executive Staff Member will be provided to

the employee and their chain of command within 30 days and will be final.

1001.5.4 MANAGING TELEWORK EMPLOYEES AND SCHEDULES

The following are the Department’s standards for managing telework employees and issues

related to teleworking.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 786

(a) Changes to Approved Schedules

1. Business needs take precedence over telework days. While supervisors/

manages will make efforts to use team collaboration software to ensure

teleworking employees can remain teleworking, an employee may need to return

to the office on a regularly scheduled telework day.

(b) Scheduling

1. Supervisors/managers will establish a schedule for each teleworking employee.

2. Employees must be available during their assigned teleworking schedule as if

they were in the office; however, an employee’s teleworking schedule may differ

from his/her in-office schedule with prior approval.

1. Salary, job responsibilities, and benefits will not change because of an

employee’s involvement in the Telework Program.

2. Employees agree to comply with all existing job requirements and functions that

are in effect in the office.

3. Non-exempt employees working remotely should be compensated for any time

that is beyond their normal 40 hours. Non- exempt employees must request

approval to work beyond 40 hours.

(d) Taxes

1. It is the employee’s responsibility to determine any income tax implications of

maintaining a home office area.

2. The City of Austin and the Austin Police Department will not provide tax

guidance, nor will either entity assume any additional tax liabilities.

3. Employees are encouraged to consult with a qualified tax professional to discuss

income tax implications.

(e) Work hours and Overtime

1. Employee’s work hours may be different from the daily work hours established

when the employee is in the office, with prior approval.

2. In the event the employer anticipates mandatory overtime, the employer will

notify the employee as per Division SOPs.

(f) Time and Attendance

1. Employees will code telework hours as “TLC” on his/her timesheet.

2. If exempt employees work over 80 telework hours, the employee must code a

minimum of.25 hours of REG on his/her timesheet, as this code establishes the

base pay for employees.

3. If an employee is unable to work or requests time off, the employee must

complete and submit the standard COA Leave Request form or Sworn Leave

Request form.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 787

(g) Leave

1. All City and Division/Department policies associated with leave usage remain

in place.

2. If the employee is unable to work, the employee must request and be approved

for leave.

3. If the employee becomes sick while teleworking and the illness prevents the

employee from working, the employee must use accumulated personal leave.

4. Nothing in this agreement prohibits or otherwise limits an employee’s ability to

seek leave under the Family Medical Leave Act (FMLA).

(h) Emergency Operations/Continuity of Operations Plan (COOP)

1. Based on the business needs of a COOP activation, essential employees are

expected to:

(a) Report to their worksite unless otherwise directed by the Chief of Police

or designee.

(b) Supervisors may change a TRF agreement to accommodate a disaster

response plan, or to implement a business continuity strategy.

schedules to accommodate the needs of the Department.

(i) Performance Evaluation

1. Performance standards will remain consistent regardless if the employee is

working in the office or teleworking.

2. Supervisors/managers of telework employees will:

(a) Monitor the teleworking employee’s job performance as required by the job

function, including ensuring that the employee is checking and providing

timely responses to emails and phone calls and participating in team

collaboration audio/video meetings.

(b) Check-in with his/her teleworking employees weekly via phone, email, or

Microsoft Teams.

performance, business continuity and customer service.

(d) Maintain the security of confidential or sensitive information and protect

Department records from unauthorized disclosure.

(j) Standards of Conduct

1. Standards, as defined by the City of Austin Personnel Policies and Department

General Orders, apply when teleworking and in all work performed on behalf of

the City of Austin.

(k) Confidential and Sensitive Information

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telework Policy and Procedure

Published with permission by Austin Police Department

Telework Policy and Procedure - 788

1. The Department expects teleworkers to adhere to all City of Austin and

Department policies and procedures regarding security, protected information

and confidentiality.

2. All Criminal Justice Information Systems (CJIS) requirements shall be adhered

to while teleworking.

APD General Orders Issued 7/12/2022

1002

Austin Police Department

General Orders

Published with permission by Austin Police Department

Electronic Mail (Email) Communications - 789

Electronic Mail (Email) Communications

1002.1 PURPOSE AND SCOPE

The purpose of this order is to establish guidelines for the proper use and application of

the Department's electronic mail system (email), by employees of this department. Email is a

communication tool available to employees to enhance efficiency in the performance of job duties

and is to be used in accordance with generally accepted business practices and current law (e.g.,

Texas Public Information Act). Messages transmitted over the email system must only involve

official business activities and contain information essential to the business, administration, or

practices of the Department.

1002.1.1 ADMINISTRATIVE GUIDELINES

Use of the email system by any employee implies both understanding and compliance with this

order.

(a) Employees using the email system will do so in an appropriate and professional

manner.

1. Employees observing someone using email inappropriately, or who receives

unusual or inappropriate material, will notify their supervisor.

2. The supervisor receiving such information will review it and take appropriate

action.

1002.2 EMAIL PROCEDURES

(a) Employees will check email on a regular basis to ensure timely acknowledgment of

information.

1. Employees who are scheduled to be out of the office for more than four (4)

work days should use the "Out of Office" reply feature in Outlook to indicate

their expected return to work date and alternative contact information such as

a coworker or supervisor.

(b) Department employees are encouraged to use email for, but are not limited to:

1. Routine messages, announcements, notices, or other information that

previously would have been disseminated by memorandum through the chain-

of-command or by inter-department mail.

(a) Routine internal group messages shall contain a uniform subject line to

allow users to efficiently manage their email inbox. Examples include:

1. Overtime requests shall be “Overtime: [additional information].

2. BOLOs shall be “BOLO: [additional information].

3. General informative Department news or announcements shall be

“APD News: [additional information]

2. Any message currently being sent by facsimile, telephone, or a paging system.

3. Drafts of reports, projects, or proposals.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Electronic Mail (Email) Communications

Published with permission by Austin Police Department

Electronic Mail (Email) Communications - 790

4. Certain non-confidential Department documents such as job vacancies,

Department memoranda, or Special Orders.

1002.2.1 EMAIL RIGHT OF PRIVACY

All email messages, including any attachments, that are transmitted over Department networks

are considered Department records and therefore are the property of the Department.

(a) Employees using Department email shall have no expectation of privacy concerning

communications transmitted over the system.

(b) The Department reserves the right to access, audit, or disclose, for any lawful

reason, any email, including any attachment that is transmitted and/or stored on

any Department networking system, server, or other storage technology without

notification to the employee. However, it is a violation of this order for any user,

including the system administrator or supervisor, to access the email of another

employee merely to satisfy curiosity about the affairs of others.

confidential communications. If a communication must be confidential, an alternative

method to communicate the message should be used instead of email.

1002.3 PROHIBITED USE OF EMAIL

(a) Unless approved by the Chief of Police or designee, email will not be used for:

1. Disseminating confidential materials or Department sensitive information, official

documents that must be retained in their physical form, or documents that

require a physical signature to certify receipt.

2. Charitable endeavors.

3. Private business activities.

4. Inappropriate entertainment purposes.

(b) Employees are prohibited from sending derogatory, defamatory, obscene,

disrespectful, racist, sexually suggestive and harassing, or any other inappropriate

email messages.

Department or all City employees, or selecting "Reply All" to such messages.

Department or City-wide email messages should only be for business-related items

that are of particular interest to all users and, as such, are restricted to Command

Personnel or designee.

(d) Employees will not send out an email message under another user's name without

authorization. Email users that have a need to delegate this function will use email

program settings to give access to authorized employees.

1002.4 STANDARDIZED EMAIL SETTINGS

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Electronic Mail (Email) Communications

Published with permission by Austin Police Department

Electronic Mail (Email) Communications - 791

1002.4.1 STANDARDIZED EMAIL SIGNATURE

(a) Employees are encouraged to set up an electronic signature block for all new email

messages. If an employee chooses to use an electronic signature block for their

emails it shall be the one designated for Sworn or Civilian, as applicable. Personally

customized email signature blocks are not authorized.

(b) Replies do not need to have an electronic signature; however, if an electronic

signature is used it can be shortened from the example below.

employee’s gender identity, which may be identified in an employee’s email signature.

(d) Employees are prohibited from adding content such as, mottos, scriptures, quotes, etc.

(e) Sample signature blocks can be copied from the original which is stored in the APD

Approved Forms Memos & Letterheads Folder at G:\Public\Public Data for APD Only

\Approved APD Forms\Memos & Letterheads. The two approved examples are shown

below.

1002.4.2 STANDARDIZED EMAIL PROFILE PHOTO

Employees who choose to use a profile photo must use a headshot photo of themselves that is

professional in appearance. Cartoon characters, emojis, team logos, etc. are prohibited.

1002.5 MANAGEMENT OF EMAIL

The email system is not designed for long-term retention of messages.

(a) Employees are solely responsible for the management of their email mailbox.

(b) Employees shall adhere to General Order 1002.5 Management of Email when dealing

with the storage of emails.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Electronic Mail (Email) Communications

Published with permission by Austin Police Department

Electronic Mail (Email) Communications - 792

(d) Emails that employees desire to save or that become part of an official record should

be printed or stored in another database.

(e) Archive emails (personnel folders inside Outlook) are stored on the employee's

network drive and can impact server space that is set up for the employee.

(f) Employees are reminded that the Department has Records and Retention orders that

must be followed when deleting or removing any files.

APD General Orders Issued 7/12/2022

1003

Austin Police Department

General Orders

Published with permission by Austin Police Department

Telephone and Mail Protocol - 793

Telephone and Mail Protocol

1003.1 PURPOSE AND SCOPE

This order establishes uniform procedures for dealing with telephone inquiries and the use of

Department telephone and mail systems.

1003.2 TELEPHONE GUIDELINES

Employees should adhere to the following guidelines when using the Department telephone

system:

(a) Employees will be professional, polite, civil, and orderly when speaking on the

telephone and treat all persons with fairness, dignity and respect.

(b) Telephone calls to Department phones will be answered promptly (within three (3)

rings).

location, and employee name.

(d) When making phone calls on Department business, employees will identify

themselves as members of the Department and clearly state the purpose of the call.

(e) Collect telephone calls should not be accepted by employees except in an emergency

or with the approval of a supervisor.

1003.2.1 HANDLING TELEPHONE CALLS

(a) Depending upon the nature and subject of the request, employees will:

1. Answer the person's request for information or service.

2. Refer persons requesting information outside of the employee's area of

responsibility to the best known source within the Department.

3. Route all media requests for information to the Public Information Office (PIO) in

accordance with Department General Orders on Public Information and Media

Relations.

(b) If the caller asks for a specific person who is not available, employees will:

1. Ask if they or someone else can help the caller.

2. Ask if the caller wishes to be forwarded to the specific person's voice mail.

3. Ask if the caller wishes to leave a message.

1. Inform the caller of the person and extension number to which the person is

being transferred to in case a disconnect occurs.

2. Ensure that someone is on the other end of the line before completing the

transfer.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Telephone and Mail Protocol

Published with permission by Austin Police Department

Telephone and Mail Protocol - 794

3. Brief the employee on the other end of the line on the nature of the call and the

identity of the caller.

(d) Before placing a caller on hold, employees should ask the caller if they are able to hold.

(e) Angry callers will not be hung up on without warning. When dealing with an angry

caller employees should:

1. Keep control of the call by asking appropriate questions.

2. Sympathize with the caller's experience.

3. Offer help where they are able.

(f) Abusive callers using profanity will be dealt with in the following manner:

1. Politely interject (e.g., "Excuse me").

2. Advise the caller you can deal with the problem but abusive language will not

be tolerated.

3. Maintain control of the call by immediately asking follow-up questions.

1003.2.2 VOICE MAIL

(a) Employees should answer the telephone when at their desk.

(b) If you are on the phone or away from your desk when you receive a phone call, retrieve

the message(s) and return calls immediately upon your return.

1. The employees name and assignment; and

2. When callers can expect the employee to return the call; and

3. If the employee is going to be gone for an extended period of time (e.g.,

vacation), give specific information as to when the employee will be returning

to work.

1003.2.3 PERSONAL USE OF DEPARTMENT PHONES

(a) Department phones are to be used for Department business, and personal calls should

be limited.

(b) Department long-distance phone service should be used for Department business

only.

of a personal calling card, if possible.

(d) All personal calls should be limited to breaks and authorized mealtimes unless an

emergency exists.

(e) Employees who use Department phones for personal use will reimburse the City for

expenses incurred.

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Austin Police Department

General Orders

Telephone and Mail Protocol

Published with permission by Austin Police Department

Telephone and Mail Protocol - 795

(f) Employees will determine the amount of charges for which they are liable and bring

cash or a to the Financial Management Division by the tenth day of the month following

the month in which the personal call was made. Checks should be made out to City

of Austin.

(g) Employees will not make collect phone calls from Department phones except in an

emergency or with the approval of a supervisor.

1003.3 MAIL GUIDELINES

This section deals with the handling of Department and personal mail.

(a) Intra-office mail envelopes are used for mail staying within the Department.

(b) Inter-office envelopes should be used for correspondence to other City departments.

1. Date sent.

2. Name of the recipient.

3. Physical location of the recipient (e.g., North Substation, Robbery Unit, City of

Austin Human Resources).

(d) Employees' personal correspondence received at a police facility will be sorted and

delivered to the addressee's Department mailbox.

(e) Employees wishing to mail personal correspondence through the Department's mail

system will pay all applicable postage.

1003.3.1 PICKUP AND DELIVERY OF DEPARTMENT MAIL

(a) Mail pick-up points have been designated throughout the Department for pickup and

delivery.

(b) Personnel receiving mail will determine if the mail pertains to the receiver's Unit or

assignment. If it does not, employees are responsible for ensuring it is directed to the

appropriate Unit or person.

request, the document will be immediately delivered to the APD Legal Advisor or APD

PIO.

1003.3.2 SPECIAL MAIL SERVICES

Personnel requiring overnight delivery service for documents or other items will:

(a) Contact the Mail Room and have a determination made as to which type of overnight

delivery service is to be used.

(b) Obtain necessary forms and packaging from the Mail Room.

(d) Return packaged item and forms to Mail Room before 2:00 p.m., Monday through

Friday.

APD General Orders Issued 7/12/2022

1004

Austin Police Department

General Orders

Published with permission by Austin Police Department

Department Owned Cell Phones - 796

Department Owned Cell Phones

1004.1 PURPOSE AND SCOPE

This order establishes uniform procedures for the use of Department issued cell phones. Cell

phones and the associated telephone numbers provided by the Department are City-owned

resources. They are provided to enable Department employees to work more efficiently and

effectively.

1004.2 CELL PHONE GUIDELINES

Employees shall adhere to the following guidelines when using any Department issued cell phone:

(a) Employees issued a Department cell phone will ensure the device is operational and

in their possession at all times while on duty or working law enforcement related

secondary employment. The Department cell phone shall remain within the United

States.

1. On-duty non-exempt employees shall respond to any Departmental phone calls,

texts, and voicemails which require a response, as soon as practicable.

2. Off-Duty non-exempt employees will respond to Departmental phone calls, texts,

and voicemails once they return to work.

3. Exempt employees shall respond to any Departmental phone calls, texts, and

voicemails which require a response, as soon as practicable.

4. Cell phones are not the primary source for urgent communications as they can

be unreliable during large events where technology usage is high. Messages

requiring an immediate response or that are urgent in nature (e.g., SWAT call

out) should be sent using a designated City of Austin messaging system (e.g.,

Wireless Office, SPOK, CAD).

(b) Employee use of the cell phone shall be professional, polite, civil, and orderly, treating

all persons with fairness, dignity and respect.

the cell phone and shall not download or install other ringtones or audible alerts.

(d) When making phone calls or texts for Department business, employees should identify

themselves as members of the Austin Police Department and clearly state the purpose

of the call unless doing so would compromise the integrity of a criminal investigation.

(e) In general, employees should not give out Department issued cell phone numbers

unless:

1. Immediate contact between a police employee and a victim, witness, or other

person may be critical;

2. The employee to whom the cell phone is assigned has granted authorization; or

3. Release of the number was authorized by a supervisor.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Owned Cell Phones

Published with permission by Austin Police Department

Department Owned Cell Phones - 797

(f) Telephones shall be placed in a vibration or silent mode while attending court and

may be placed in a vibration or silent mode while attending training, meetings, and

any other time needed to prevent interruption or annoyance.

(g) All cellular telephone calls, text messages, emails, and other communications may

be subject to discovery in criminal or civil matters, may be subject to release to a

member of the public in response to a public information request, or may be used in

internal investigations.All communications, unless an emergency, should be related

to Department business.

1. Employees should consider these communications a public record and should

have no expectation of privacy.

(a) Text messages of evidentiary value shall be screenshot and processed

according to General Order 618.5 (Digital Evidence Collection and

Storage).

(b) Voicemails of evidentiary value shall be played with the speakerphone

activated and recorded with the BWC recording system.

General Order 618.5 (Digital Evidence Collection and Storage).

2. Employees must not delete any items of evidentiary value from the cell phone.

(h) For safety and accountability, employees shall ensure that location services (GPS)

are enabled while on duty, including any LERE secondary employment.

(i) The Department reserves the right to access any information on Department-issued

cell phones. Supervisors will refer to 902.6.1(c) for guidance.

(j) Upon separation from Department employment, all Department-issued cell phones

shall be returned to Police Equipment or the employee’s supervisor.

1004.3 HANDLING PHONE CALLS/TEXTS

All communications on a Department-issued phone shall be conducted in an appropriate and

professional manner, according to the following guidelines:

(a) Employees shall make their best effort to:

1. Answer the caller’s request for information or service;

2. Refer persons requesting information outside of the employee's area of

responsibility to the best known source within the Department; or

3. Route media requests for information to the Public Information Office (PIO) in

accordance with Department General Orders on Public Information and Media

Relations.

(b) If the caller asks for a specific person who is not available, employees should ask if

they or someone else can help the caller.

an abusive caller employees should:

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Owned Cell Phones

Published with permission by Austin Police Department

Department Owned Cell Phones - 798

1. Keep control of the call/text by asking appropriate questions;

2. Listen to the caller;

3. Offer appropriate help;

4. Politely interject (e.g., "Excuse me");

5. Advise the caller that abusive language will not be tolerated; and

6. As a final measure, advise the person that you are ending the call and notify

your immediate supervisor.

(d) Employees may block phone numbers when they receive abusive, harassing, or

repeated calls. Employees receiving these calls should ensure that the caller has

all relevant information they need or are directed to the appropriate person before

blocking the number.

1004.4 VOICEMAIL

Voicemail is a communication tool attached to Department-issued cellphones to facilitate accurate

telephone messaging. It is intended to enhance service to the public and not to replace direct

personal contact with the caller.

(a) If a call goes to voicemail, employees shall:

1. Retrieve the message(s);

2. Return calls as soon as practicable, or;

3. Return calls upon return to duty as appropriate.

(b) Employee voicemail greetings, if changed from the default, shall be short and

professional in nature.

leave greater than 4 days.

1004.5 USE OF DEPARTMENT CELL PHONE WHILE DRIVING/RIDING

Employees shall adhere to State law and City ordinances governing use of cell phones while

driving. When available, employees are encouraged to use hands-free technology to make or

receive calls and texts while operating a vehicle.

1004.6 PROHIBITED USES

Employees shall adhere to all guidelines outlined in section 1000.3.1 in APD General Orders

(Prohibited Uses of Department Technology) in addition to the following:

(a) The cell phone shall not be used to record images or videos of crime scenes except for

evidentiary purposes in accordance with General Order 618 Property and Evidence

Collection Procedures.

(b) Officers shall adhere to APD General Order 317.6 Handling of Juveniles: Fingerprints

and Photographs.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Owned Cell Phones

Published with permission by Austin Police Department

Department Owned Cell Phones - 799

images, emails, or texts unless they can be clearly linked to official police business.

(d) If the phone has a sim card, the sim card shall not be removed from the Department

issued cell phone unless done so by authorized personnel.Authorized personnel

includes Police Technology and CTM support staff (Enterprise Services Group and

Wireless Communication Services Division).

(e) If the phone sim card must be removed for an authorized investigation, the removal

will be done in coordination with the entities listed in 1004.6.(d).

(f) Employees shall not install any applications on their Department-issued cell phone

except for the pre-approved applications provided in the Mobile Device Management

catalog.

(g) Employees shall not jail break, root, or attempt to circumvent security on the phones

in any way.

1004.7 CARE AND MAINTENANCE OF DEPARTMENT-ISSUED CELL PHONE AND

ACCESSORIES

Employees shall make all reasonable attempts to prevent loss, theft, and breakage of the cell

phone and accessories. If the phone and/or accessories are broken, stolen, or lost due to

negligence the officer may be held responsible for replacement or repair cost.

(a) Phones shall be issued with a protective case and tempered glass screen protector.No

employee shall modify, change, or replace either the case or the screen protector.

(b) Any employee experiencing issues with software on the cell phone (applications,

device login, connectivity, etc.) shall contact the CTM Help Desk.

defective, or damaged shall immediately be reported to the employee’s immediate

supervisor. The employee shall follow General Order 800.4 Handling Damaged, Lost,

and Stolen City Property.

(d) Any loss or theft of a cell phone shall be reported to the Police Technology Unit by the

employee that was issued the phone as soon as possible.

(e) Cell phones and accessories shall not be reassigned or loaned to another person. Any

new issues or reassignments shall be completed through the Wireless Communication

Services Division (Radio Shop).

(f) All service and repair of Department-issued cell phones shall be performed by the

Wireless Communication Services Division.Employees shall not make any attempt to

repair a cell phone or use a third party service to perform repairs.

1004.8 CITY MOBILE DEVICE USAGE POLICY

Employees shall adhere to the guidelines outlined in the City’s Mobile Device Policy found

at the listed link: http://cityspace.ci.austin.tx.us/departments/hrm/policies-procedures/bulletins/

AB-13-02.pdf.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Department Owned Cell Phones

Published with permission by Austin Police Department

Department Owned Cell Phones - 800

1004.9 SUPERVISOR INSPECTION

In conjunction with personnel inspections, General Order 801.8, supervisors shall conduct

inspections of Department owned cell phones to ensure officers are complying with APD General

Orders. Supervisors shall ensure all assigned officers are reviewed in a fair and equitable manner.

Additionally, supervisors shall ensure officers do not have inappropriate or unapproved videos,

images, emails, texts, or applications on the device per section 1004.6 (Prohibited Uses).

APD General Orders Issued 7/12/2022

1007

Austin Police Department

General Orders

Published with permission by Austin Police Department

Funeral Procedures - 801

Funeral Procedures

1007.1 PURPOSE AND SCOPE

This order outlines the Department procedures for handling employee deaths, funerals, and the

Department Funeral Committee.

1007.1.1 EMPLOYEE DEATHS

(a) Upon the death of an employee it will be the responsibility of the employee's

Commander/Manager to notify the chairperson of the Funeral Committee.

(b) After receiving notification, the Funeral Committee chairperson will:

1. If practical, have a member of the Funeral Committee accompany the person

going to notify the survivors.

2. Contact the Special Events Lieutenant to coordinate the Motorcycle Unit for

escort purposes.

1007.1.2 BADGE MOURNING BAND

Guidelines for the wearing of a badge mourning band are outlined in General Order 801

(Equipment and Uniform Regulations).

1007.2 FUNERAL COMMITTEE

(a) The Department has established a funeral committee composed of a chairperson and

additional personnel from units in the department essential to the department's mission

in the event of the death of an Austin Police Department Employee.

1. Honor Guard Commander - Chairperson

2. Honor Guard Operations Supervisor

3. Senior Chaplain

4. Victim Services Manager

5. Human Resources Director

6. Highway Enforcement Commander

7. Austin Police Association President

8. Austin Cops for Charities Chairperson

9. Representative from the Austin Police Retired Officers Association

(b) When requested by the survivors of a deceased employee, a committee member

will be appointed as Survivors' Assistance Officer (SAO) to assist members of the

family. They shall also help as needed until any responsibility of the Department to the

surviving family members has been met. This liaison shall coordinate with and work

through the committee chairperson. The SAO will be the primary liaison between the

survivors and the concerned City, state and/or federal agencies.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Funeral Procedures

Published with permission by Austin Police Department

Funeral Procedures - 802

funeral arrangements from an employee who is not a Funeral Committee member,

that employee will work in conjunction with the Funeral Committee's SAO. When

under these stressful conditions employees are reminded to be cautious of making

statements which might obligate the Department, its resources, or its personnel to

family members. Funeral Committee members are authorized by the Department to

make these decisions and should be consulted prior to making any commitments to

the decedent's family.

1007.2.1 RESPONSIBILITIES OF FUNERAL COMMITTEE

Whenever applicable, the Funeral Committee shall have the following responsibilities:

(a) Prepare a notice for Department-wide distribution informing all employees of the death

and pending arrangements.

(b) Contact departmental services for assistance to the family (e.g., Victim Services, Staff

Psychological Services).

director and/or church of choice.

(d) Contact members of the Honor Guard to prepare for any pending memorial services.

(e) Serve as point of contact for Department employees who desire participation in

memorial services.

(f) For the death of an officer under honorable conditions:

1. Ensure that Department flags at all Austin police facilities are flown at half-staff

from the time of death through the day of burial.

2. In instances where out-of-Austin arrangements are needed, the chairperson

of the Funeral Committee will contact the law enforcement agency in the

jurisdiction where the APD officer is to be buried to determine if ceremonial or

other arrangements will be available. The chairperson will work with the local

law enforcement agency to assist with any arrangements.

3. Assist family with obtaining available City, state and federal benefits.

(g) During off-duty hours, members of the Funeral Committee will serve as concerned

friends of the family and will not charge overtime or expect compensation except

actual, reasonable expenses incurred. However, at times and at the discretion of the

Chief of Police, compensation for reasonable amounts of time spent in preparation for

services may be approved.

1007.3 OFFICER'S DEATH IN THE LINE-OF-DUTY

For purposes of this order, "under honorable conditions" denotes a status, no matter the cause of

death, in which the officer's service before their death has been of good and respectable repute,

and the officer was not under the cloud of criminal prosecution at the time of death.

APD General Orders Issued 7/12/2022

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General Orders

Funeral Procedures

Published with permission by Austin Police Department

Funeral Procedures - 803

1007.3.1 IN-STATE AND LOCAL SERVICES PROVIDED BY THE DEPARTMENT

(a) In cases of a line-of-duty death under honorable conditions, the wishes of the officer's

family will hold priority over all other considerations. When the funeral is within the

state, subject to the approval of the Chief of Police, the Department will be prepared

to provide the following if desired by the family of the deceased:

1. A reasonable number of marked or unmarked police cars to provide

transportation for members of the family and/or the Funeral Committee.

2. Motorcycle units for escorts.

(a) Four (4) police motorcycles. (These units will be trailered when the

distance to be traveled is determined to be excessive for the equipment

and operator.)

(b) The number of motorcycle units for funeral services conducted locally

or within a reasonable distance of Austin will be determined by the

Motorcycle supervisor overseeing the escort requirement, with approval

by the affected Commander(s).

3. The officer's duty breast badge and a burial badge, Dress/Ceremonial Uniform

(Class A) for the deceased's burial attire, and an entire set of decorations earned

during the officer's career.

(a) In cases of an in-the-line-of-duty death under honorable conditions, a

Purple Heart will be presented to the family by the Chief of Police or

designee.

(b) The duty badge will be awarded to the survivors.

4. Ceremonial flag to drape the casket.

(a) The ceremonial flag will be the National colors.

1. In cases of non-veterans, the ceremonial flag will be provided by the

Funeral Committee.

2. For officers who were veterans, the ceremonial flag will be provided

by the United States Government, through the U.S. Postal Service.

5. A detail to serve as pall bearers.

(a) Honor Guard; or

(b) Officer's co-workers and/or friends, designated by the family.

1. Officers selected as pall bearers will wear only the Dress/Ceremonial

Uniform (Class A).

6. Volunteer honor guards at the pall when lying in state coordinated through the

Honor Guard.

7. Special uniform items for ceremonial details within the funeral.

(a) Aigulettes (shoulder cords).

(b) White gloves.

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General Orders

Funeral Procedures

Published with permission by Austin Police Department

Funeral Procedures - 804

(d) Dress buttons.

8. An eight-person firing party, coordinated by the Funeral Committee chairperson.

9. A bugler to sound taps and/or a bagpiper.

10. Actual expenses incurred for food, lodging, and vehicle expenses for personnel

assigned to attend the funeral as representatives of the Department.

11. Special assignment to members of the Funeral Committee when reasonably

needed to help the family and to make arrangements.

12. During off-duty hours, members of the Funeral Committee will serve as

concerned friends of the family, and will not charge overtime or expect

compensation except actual, reasonable expenses incurred. However, at times

and at the discretion of the Chief of Police, compensation for reasonable

amounts of time spent in preparation for services may be approved.

1007.3.2 OUT OF STATE OR OUT OF COUNTRY SERVICES PROVIDED BY THE

DEPARTMENT

When the funeral is to be out of the State of Texas, a memorial service with all honors will be held

in Austin up to the time of departure of the body.

(a) Vehicle and motorcycle escorts may be approved for out-of-state services by the Chief

of Police (e.g., marked/un-marked police vehicles and police motorcycles could be

used if traveling within a reasonable distance across the state border).

(b) The Committee chairperson will determine the minimum number of Honor Guard

members required for the out-of-state service.

1. These officers will be placed on special assignment.

2. Travel and per-diem will be authorized by the Chief of Police.

immediate supervisory chain-of-command will travel to the out-of-area service.

(d) Any other Department personnel who wish to attend are responsible for their own

expenses and for obtaining approved leave.

1007.4 OFFICER'S DEATH NOT IN THE LINE-OF-DUTY

Retired and active officers who die under honorable conditions other than while in the actual

performance of police duties may be entitled to the following subject to approval of the Chief:

(a) In-state services.

1. Same as outlined for in the line-of-duty deaths except that no firing party is

provided.

(b) Out-of-state services.

1. Two assigned Department representatives may attend an officer's funeral on

special assignment, at their own expense.

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General Orders

Funeral Procedures

Published with permission by Austin Police Department

Funeral Procedures - 805

1007.5 DEATH OF AUSTIN POLICE DEPARTMENT CADET

For an in-the-line-of-duty death of a police cadet, the Department will provide the same services

as for a commissioned officer who died under honorable conditions.

1007.6 DEATH UNDER LESS THAN HONORABLE CONDITIONS

In cases of death of a retired officer, active officer, or police cadet under less than honorable

conditions, the Department is under no obligation to furnish or provide any assistance or honors

for the service, or pay any expenses for any officer desiring to attend the services.

1007.7 FUNERAL ATTENDANCE

Employees are reminded that their attendance at functions of this nature is a direct reflection on

the Department and should conduct themselves in a professional manner.

(a) Employees desiring to attend any funeral or memorial service are required to obtain

authorized special assignment or approved leave before attending.

(b) Employees will adhere to the following dress and decorum at funerals:

1. Sworn Employees

(a) If a uniform is worn, only the Dress/Ceremonial Uniform (Class A) with the

military-style hat is authorized.

(b) Employees in uniform will render appropriate salutes as directed by the

Honor Guard Commander.

Regulations) may be worn in lieu of Class A uniform.

2. Non-Sworn Employees

(a) Plainclothes conforming with General Order 801 (Equipment and Uniform

Regulations) will be worn.

1007.7.1 VISITING OFFICERS ATTENDING APD FUNERALS

In cases where out-of-town officers would be coming to Austin to pay respects to a deceased

APD officer, the Austin Police Association shall maintain a sign-up sheet listing the names of APD

personnel willing to room and/or board visiting officers.

1007.8 OUTSIDE AGENCY FUNERALS

(a) In cases where several officers from this Department wish to represent Austin at the

funeral of an out-of-town officer within Texas, the Department will provide a reasonable

number of marked police vehicles for the trip.

1. Normally be a maximum of two marked units will be provided.

2. All officers making the trip will do so on their own time unless special assignment

has been approved by the appropriate Commander.

3. The Department shall furnish vehicle expenses and per diem for meals.

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General Orders

Funeral Procedures

Published with permission by Austin Police Department

Funeral Procedures - 806

(b) The number of Motorcycle officers attending will be determined by the Commander

of each Motorcycle Unit.

1007.8.1 OFFICERS FROM OUTSIDE AGENCIES BEING BURIED IN AUSTIN

The Funeral Committee chairperson will assist and coordinate with APD's Honor Guard and

representatives from the outside agency regarding memorial services.

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Building Security

1009.1 PURPOSE AND SCOPE

The size and complexity of APD facilities and the need for visitor access to numerous departmental

areas mandate the establishment of a visible visitor and employee recognition system for

the security and protection of persons and property. Employees share the responsibility for

maintaining standards and attitudes which are conducive to this end. A prerequisite to the success

of Department facility security is the total cooperation and commitment of employees and their

determination to enforce the required control measures.

1009.2 GENERAL SECURITY GUIDELINES

Security of APD facilities is each employee's responsibility. Access cards and keys provide

controlled entry to Department facilities and to certain areas within them.

(a) For the purpose of security, areas within Department facilities will be designated as

one of the following:

1. Restricted Access Area - An area where only authorized personnel or persons

under escort are granted access due to the sensitive nature of the work.

2. Controlled Access Area - An area where the public is allowed to be after

receiving authorization from facility security personnel.

3. Public Access Area - An area where the public is authorized to be.

(b) Employees will be issued identification cards (APD ID), access cards, and keys to

open doorways into areas for which they have been authorized access.

1. APD ID's are white in color.

2. Officers will have an image of the APD badge adjacent to the officer's photo and

their rank preceding the officer's name.

3. Civilian employees will have their photo and will state 'EMPLOYEE' on the front

of the ID.

4. Retired employees will state 'RETIRED' in red uppercase text.

5. Temporary, contract, and interns for the Department will display a diagonal red

field behind their photo and the APD ID will contain an expiration date.

desk of the facility and be required to:

1. State the nature of their business or the name of the APD employee or unit with

whom they have business.

2. Present picture identification.

3. Sign the appropriate visitor log.

4. Visibly wear the issued visitor ID at all times.

5. Be escorted and under observation while inside a Department facility at all times.

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1009.2.1 EMPLOYEE RESPONSIBILITIES

(a) Employees shall not:

1. Change, or cause to be changed, the authorization for their own or another's

access card unless the change(s) has been properly authorized; or

2. Loan their access cards or keys to any other person for any reason.

(b) Employees or pre-authorized persons may enter an authorized area by any door which

their access card or key opens.

facility unless working in an official undercover capacity. This applies whether the

employee is on or off-duty.

(d) The APD ID will be clipped on the collar, shirt or blouse pocket, attached to a neck

chain or neck cord, or displayed in some other conspicuous place on the outermost

garment so that it is readily visible.

(e) All packages, parcels and/or briefcases coming into any APD facility shall be subject

to inspection for hazardous material and/or weapons at the discretion of the personnel

assigned to facility security, or at any time by any employee who becomes suspicious

of the item(s).

(f) Any person not visibly displaying an APD ID, badge or a valid visitor's pass will be

stopped and an inquiry made as to the nature of their business. Unless authorized, the

person will be escorted to the nearest public area and presented to security personnel

and interviewed for proper clearance.

(g) Employees shall not access any door or elevator for another person unless they

recognize the person to be an APD employee, or the person is displaying an APD ID

or APD badge or a valid visitor's pass allowing access to the area.

(h) Employees shall not "prop open" any door, disengage or damage any locking or

security mechanisms, or by any means bypass the locking or security mechanisms on

any door for the purpose of circumventing the security arrangements of Department

facilities.

(i) Stairwells will be utilized during emergency situations which mandate immediate exit

from the building, or when the elevator system ceases to function.

(j) Exterior doors shall remain secured at all times and entry will be by card or key access

only, except for public access doorways into each facility.

(k) Security procedures may be subject to change with the approval of the Commander

responsible for security at each facility.

1009.2.2 COMMANDER RESPONSIBILITIES

(a) Responsibility for security plans and authorized access at each Department facility

shall belong to the Commander in charge of security at each facility. Other off-site

facilities will be the responsibility of the Commander over the units assigned to the

facility. Primarily APD facility assignments are:

1. Main Headquarters (Main)- Downtown Area Command Commander

APD General Orders Issued 7/12/2022

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2. North Substation (N-Sub)- North West Area Commander

3. Central East Substation (E-Sub)- Central East Area Commander

4. South Substation (S-Sub)- South West Area Commander

5. Rutherford Complex (OCD Building)- Organized Crime Division Commander

6. Rutherford Complex (IAD/Recruiting Building)-IAD Commander

7. Training Academy- Training Division Commander

(b) For purposes of security, areas within the department facilities will be designated as

one of the following:

1. Restricted Access Area- An area where only authorized personnel or persons

under escort are granted access due to the sensitive nature of the work.

2. Controlled Access Area- An area where the public is allowed to be after receiving

authorization from facility security personnel.

3. Public Access Area- An area where the public is authorized to be.

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Austin Police Department

General Orders

Published with permission by Austin Police Department

Purchasing - 810

Purchasing

1011.1 PURPOSE AND SCOPE

This document outlines basic information concerning policies and procedures to be followed

in procuring goods and services for Department use. It also contains general instructions

and descriptions of the solicitation process and is intended to provide procedures to help

employees make purchases. The Financial Services Division (FSD) should be contacted for

specific information.

1011.2 PURCHASING GUIDELINES

The authority to enter into a purchase agreement or contract for the City rests with the

City Manager and designee(s). The City Central Purchasing Office has authorized selected

departmental personnel to make limited departmental purchases. A properly completed Purchase

Order is a legally binding contract and should be treated accordingly.

(a) No individual may obligate the City of Austin to procurement indebtedness, for any

goods or services, without prior approval from either APD Procurement & Contract

Services or the City Central Purchasing Office.

(b) Purchase Orders are created in APD Procurement & Contract Services or the City

Central Purchasing Office following submission of a Purchase Requisition Form (PRF)

by the end user or requestor.

to disciplinary and legal action, and civil liability.

1011.2.1 PURCHASING PROCESS

The single biggest concern expressed about the purchasing process is Processing Time. The

single best way to minimize processing time is to contact a buyer at the earliest point in the

project that there may be reason to believe that approval will be given for the purchase. The

earlier in the process that APD Procurement & Contract Services is involved, the easier it is

to cope with constraints within our system and/or the manufacturer's or vendor's supply chain.

APD Procurement & Contract Services must be involved in every phase of the project; planning,

pre-bid, vendor correspondence, kick off meetings, etc. Our common purpose in the purchasing

process should be to maximize our options with vendors in a cooperative effort between the user/

requisitioner and the buyer.

(a) All APD purchases require an authorized Purchase Request Form (PRF) be completed

and submitted to APD Procurement & Contract Services prior to making a purchase;

no purchase will be made without a completed PRF.

1. The end user is responsible for providing and developing all aspects of the

specifications or scope of work and ensuring they are correct and appropriate

prior to solicitation.

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General Orders

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Purchasing - 811

2. APD Procurement & Contract Services' is responsible for pointing out any

questionable or unusual specifications, as well as to provide support and

guidance to procure products and/or services properly.

(b) A mandatory meeting will be arranged with APD Procurement & Contract Services

to discuss the project, scope of work, and specification before a solicitation or order

is placed.

information; incomplete PRFs will be returned to the requestor.

1011.2.2 PURCHASE APPROVAL REQUIREMENTS

Specific approval is required depending on the amount of the purchase and the source of the funds

as outlined below. The listed budgetary limits may be changed periodically when increased budget

review is required. Purchases made as Sole/Single Source, Professional Services Agreement,

GAX exceptions, or through Cooperative Purchasing Agreements are not included in these

guidelines.

(a) Purchases may not be made with appropriated City funds without the prior approval

of both the appropriate commander/manager/assistant chief and the FSD-Budget

Section.

(b) Purchases totaling $2,500 or less must be approved by the commander/manager and

do not require solicitation.

and require a formal solicitation.

(d) Purchases of $5,000.00 or greater must be approved by an assistant chief or the Chief

and require formal solicitation.

(e) Purchases requiring City Council approval must be reviewed and approved by the

Chief.

(f) Regardless of dollar amount, purchases made using Forfeited Funds require approval

of the Chief and City Legal.

1011.3 EQUIPMENT DISPOSITIONS

APD equipment will not be loaned, traded, sold, disposed of, or otherwise transferred without

the prior written approval of the appropriate commander/manager and the Financial Manager.

Equipment will be disposed of in accordance with City policies.

1011.4 SALES TAX EXEMPTIONS

The City is not subject to Texas sales tax.

(a) The Tax ID Number is 1-74-6000085-8.

(b) Employees making purchases will assure that vendors do not apply sales tax.

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1. It is the employee's responsibility to provide the vendor a tax exemption

certificate and ensure that the vendor does not include tax at the time of

purchase. Tax exemption certificates are available at the FSD.

2. No reimbursement will be made to employees who pay sales tax when making

petty cash purchases.

1011.5 PETTY CASH PURCHASES

APD maintains a petty cash fund, which may be utilized for purchases not exceeding $150.

(a) All petty cash transactions will be made in accordance with Administrative Bulletin:

Policies and Procedures for Petty Cash No. 93-01.

(b) The purchase must be approved in accordance with this document.

to the petty cash custodian within three (3) working days.

(d) No reimbursement greater than $150 will be made to employees who purchase items

in excess of the petty cash limit.

1011.6 INVOICES

(a) Invoices should not be sent to the receiving unit's attention. Any invoices received by

the requester shall immediately be forwarded to FMD.

(b) Vendors should be instructed to list the purchase order number on their invoice.

to pay upon satisfactory receipt of goods or service.

(d) Employees shall instruct vendors to send all invoices to:

Austin Police Department

Attn: Financial Management

P.O. Box 1629

Austin, Texas 78767-1629

1011.7 BIDDING REQUIREMENTS

(a) Purchases totaling more than $2,500 will require APD Procurement & Contract

Services to obtain a minimum of three (3) competitive bids.

(b) Purchases under $2,500 will require the requestor to provide or obtain a written quote

from the vendor, which will be attached to the Purchase Request Form.

1011.7.1 BID SPLITTING PROHIBITED

(a) Purchases should be logically grouped together on a single purchase request.

(b) Purchases are not to be subdivided, staggered, or otherwise separated in order to

circumvent approval/purchasing requirements.

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General Orders

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Published with permission by Austin Police Department

Purchasing - 813

1011.8 SOLE/SINGLE SOURCE PURCHASES

(a) A sole source exists if an item or service meeting the following criteria is the only item

or service capable of meeting the Department's requirement, and that item or service

is only available from the source recommended, based on:

1. Compatibility of equipment, accessories, or replacement parts is an overriding

consideration and the goods can only be supplies by one source; or

2. Competition is precluded because the required purchase involves goods that

are:

(a) Patented, copyrighted, that use secret processes, or involve natural

monopolies; or

(b) A purchase of films, manuscripts, or rare books, sole expertise, or

purchases of electricity, gas, and water as well as other utility services; or

(b) A single source is the one source among others in a competitive marketplace, which

for specific justifiable reasons has predominant qualifications for selection for contract

award. A single source situation exists if one or more of the following situations prevail:

1. Warranty will be voided if service is provided by other contract vendor.

2. Replacement parts to an existing City owned item.

3. An inter-local agreement or contract exists in which the partner or sub-recipient

is willing to bear some of the costs if a specific vendor or contractor is utilized.

4. Time restraints for the urgency for service or repairs to be completed dictate that

a particular vendor must be utilized.

purchase, the requestor must:

1. Prepare a memorandum documenting the reasons that the item or service

requested is the only one capable of meeting the business need and/or

explaining that no other source exists; and

2. Submit the memo with the approved PRF to the Financial Manager for approval.

(d) If the item/service requested is determined to be a sole or single source by the

Financial Manager, sole source documents will be prepared and submitted to Central

Purchasing for final review and approval.

1011.9 EMERGENCY PURCHASES

Emergency purchase and purchases necessary because of public calamity are defined as

emergency purchases that are those procurements which must be made immediately in order

to avoid imminent threat or danger to the citizens or to preserve the City's property. City policy

outlines specific procedures for making emergency purchases.

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General Orders

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(a) Emergency purchases may be made in order to quickly procure material and/or

services when required for one of the following conditions:

1. A public calamity such as a tornado, flood, riot, war, etc. to act at once to protect

citizens or to preserve the property of the City; or

2. Immediate action is necessary to preserve or protect public health or safety of

the citizens; or

3. Immediate repair is necessary because of unforeseen damage to city machinery,

equipment, or other property.

(b) When the Department is faced with any of the above conditions:

1. Commanders/managers will advise their assistant chief.

2. Assistant chiefs will advise the Chief of the necessity for an immediate purchase.

3. If the Chief or designee believes that an emergency condition exists, the

Financial Manager and City Purchasing Officer (CPO) must be contacted

to either assist with the procurement or be advised of steps taken by the

Department.

(a) If an emergency purchase is required outside normal working hours, an

attempt must be made to contact the CPO. In the event the CPO cannot

be contacted, the Chief should act for the CPO.

4. The procurement process to locate the required item(s) should commence

immediately.

(a) The CPO or designee will insure that the purchase is made in the most

expeditious manner.

(b) If the Department already has located and obtained prices, CPO may defer

involvement except for processing paperwork.

5. For purchases requiring City Council approval, the CPO will advise the City

Manager of recommend award and action taken.

(a) The Chief or designee will be required to sign and submit an affidavit which

describes the nature of the emergency as well a memo that describes the

events that led to this emergency.

(b) The affidavit can be obtained from the Financial Manager.

1011.10 URGENT PURCHASES

An urgent purchase is a purchase made after normal working hours of the Procurement and

Contract Services Office or Central Purchasing Office which justifiably requires immediate

purchase, and which cannot be telephoned in or emailed to the Procurement and Contract

Services Office or Central Purchasing Office to obtain a purchase order number prior to the

purchase being made.

(a) All urgent purchase requisitions shall be approved by an assistant chief or Chief.

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(b) All urgent expenditures shall be approved by the completion of an Urgent Purchase

Memorandum which includes a written justification for the purchase and must be

completed within 24 hours of the urgent situation.

chief or Chief, a purchase order or credit card payment will be issued to pay the vendor

for the items obtained or services performed. This memorandum must be attached to

the PRF as documentation for the expenditure.

(d) Urgent purchases are not to exceed the Department limit of $4,999.99.

1011.11 RUSH PURCHASES

Rush purchases are purchases that require immediate attention but do not align with an urgent

or emergency purchase. These expenditures are to be expedited as quickly as possible but still

must follow standard procurement processes.

(a) A rush purchase is utilized to expedite a purchase that is considered necessary for

a special project or program in which the requestor was unable to secure the proper

planning.

(b) This method requires that the requestor walk the PRF through the procurement

process.

chain-of-command, budget, and purchasing approvals, as well as the PRF must be

clearly marked as a "RUSH" purchase.

1011.12 OFFICE SUPPLIES

Office supplies, business cards and forms are obtained from APD Procurement & Contract

Services.

(a) Employees may be set up as requestors to request office supplies through the City's

Office Supply contractor; however, APD Procurement & Contract Services will review

and release orders in order to maintain compliance with the City's Office Supply

Contract.

(b) Employees that do not have personnel authorized to issue office supply requests

electronically can obtain their supplies through submitting a PRF.

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Austin Police Department

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Budget - 816

Budget

1013.1 PURPOSE AND SCOPE

This document establishes fiscal management responsibilities within the Department.

1013.2 RESPONSIBILITIES AND AUTHORITY

The Chief has the ultimate authority and responsibility for the fiscal management of the

Department.

(a) The Chief has delegated financial administration responsibilities to the financial

manager who is responsible for final budget preparation and fiscal management

functions of the Department.

(b) The Financial Management Division (FMD) has the responsibilities and authority for

the following areas:

1. Budget preparation.

2. Accounting.

3. Accounts receivable.

4. Accounts payable.

5. CIP project management.

6. Purchasing.

7. Revenue collection.

8. Requests for Council action (RCA's).

9. Seized asset management.

1. Review all purchases and expenditures to ensure compliance with published

purchasing policies and procedures.

2. Process all cash receipts.

(d) The financial manager will:

1. Govern procedures for the conduct of internal audits of the Department's fiscal

activities.

2. Review and recommend supplemental or emergency appropriations and fund

transfers.

(a) Requests for the above shall be made in writing to the financial manager

by the requesting Commander.

(b) Additional appropriations or transfers between divisions must be approved

by the Chief.

3. Establish an accounting system that includes approval by the Chief of each

account and provides for monthly status reports showing:

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Budget - 817

(a) Initial appropriation for each account or program; and

(b) Balances at the beginning of the monthly period; and

(d) Unencumbered balances.

4. Make available financial information requested by commanders/managers.

5. Participate in the annual audit of funds as required by the City Controller's office.

(e) Assistant chiefs, commanders, and section supervisors are required to participate in

the Department's budget preparation process and are responsible for the efficient

utilization of budget appropriations.

(f) Commanders and managers will prepare written budget recommendations annually

for the respective units and forward those recommendations to the FMD.

1013.3 CASH HANDLING POLICY

Employees and supervisors in units designated to handle cash disbursements or accepting

payments on behalf of the Department must follow the cash handling policy contained in City

Administrative Bulletin 92-02.

(a) Copies of City and Department policies and procedures will be maintained in each

cash handling unit.

(b) The current list of designated cash handling units is available in Financial

Management.

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Austin Police Department

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Grants Management - 818

Grants Management

1015.1 PURPOSE AND SCOPE

The processes of applying for and administering grant funded programs require the coordination of

personnel and resources in the Department. There are three groups involved in the administration

of grants: Research and Planning, Financial Management, and the project-specific administrators.

This order outlines the process for grants management.

1015.2 INITIATING A GRANT PROPOSAL

Initiating a grant proposal involves the following steps:

(a) The Grants Coordinator (currently assigned to the Research and Planning Unit):

1. Monitors funding announcements and online publications that outline available

grant funding.

2. Meets with personnel interested in applying for new or renewal grant funds.

3. Assists personnel with the completion of a required "Request for Grant Funds"

form (RGF).

4. Confirms chain-of-command approval of all RGFs.

5. Works with Financial Management to develop a draft project budget.

6. Presents RGFs and grant renewal information to the APD Budget Committee

for approval.

(b) Following RGF approval, Research and Planning:

1. Counsels prospective project administrators on the initiation of grant-funded

projects and

2. Establishes project-specific workgroups, consisting of the Grant Coordinator,

Financial Consultant, the chain-of-command seeking funds, and any additional

subject matter experts.

1015.3 SUBMITTING A GRANT APPLICATION

Submitting an application for new or renewal grant funds involves the Grants Coordinator/

Research and Planning:

(a) Alerting City Hall personnel to upcoming grant application submissions and, in certain

instances, submitting requests for City Council action.

(b) Collaborating with the project workgroups to draft all required grant application

documents (narratives, timelines, budget, resumes, etc).

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General Orders

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Published with permission by Austin Police Department

Grants Management - 819

1015.4 MAINTENANCE OF GRANT COMPLIANCE

Maintenance of grant compliance involves the Grants Coordinator/Research and Planning, and

Financial Management:

(a) Drafting additional request for Council action paperwork and securing time on the City

Council docket.

(b) Maintaining contact with the workgroup to ensure that timelines are followed and

special conditions are met.

hiring of personnel, and establishing contracts that meet the rules and requirements

of the grant.

(d) Working with the project administrator to ensure successful site visits/audits, as well

as the timely submission of progress/financial reports and grant adjustment notices.

1015.5 ROLES AND RESPONSIBILITIES

(a) Project administrators will:

1. Serve as the manager for individual grants thereby directing and controlling grant

program activity.

2. Work with their chain-of-command to ensure open communication about

program activity and sustainability.

3. Work with the Financial Consultant to ensure grant funds are spent in

accordance with the grantor-approved budget.

4. Maintain grant performance measure files and forward copies of all

correspondence (program and financial) to the Grant Coordinator and Financial

Consultant.

5. Timely preparation and submission of data and program information to the

Grants Coordinator and Financial Consultant.

(b) Financial Management is the administrative unit responsible for maintaining a full set

of copies of all grant materials.

Department-wide grants that do not have a designated project administrator.

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Gifts and Donations - 820

Gifts and Donations

1017.1 PURPOSE AND SCOPE

The guidelines set out in this document establish procedures concerning the solicitation and

acceptance of gifts and donations made to the Department.

This order does not apply to:

(a) Funds, property or services received from the City, through a grant, from another

governmental entity under an inter-local agreement or an inter-agency contract, or

other lawful method, or for the loan of items from vendors in use for evaluation and

testing.

(b) A gift or other benefit conferred on account of kinship or a personal, professional, or

business relationship independent of the official status of the recipient.

employee happens to have a secondary employment relationship.

1017.2 GIFTS AND DONATIONS

(a) Except as noted, the Chief or designee may only accept donations or gifts to the

Department if:

1. The gift or donation will further the accomplishment of the Department's goals

and duties; and

2. The donor is not a party to a pending criminal or civil case brought by an officer

or employee of the Department; and

3. The donor is not subject to Department licensing or regulation, or interested in

any contract, purchase, payment, or claim with or against the Department.

(b) The Chief or designee may approve the acceptance of a gift or donation on behalf

of the Department notwithstanding the above provisions if they determine that

acceptance would provide a significant public benefit and that the acceptance would

not influence, or reasonably appear to influence, the Department in the performance

of its duties.

1017.3 ACCEPTANCE AND SOLICITATION OF GIFTS AND DONATIONS

(a) If a person or entity proposes to make a donation to the Department, that person or

entity will be referred to the:

1. APD Liaison for the Greater Austin Crime Commission (GACC), a non-profit

organization; or

2. A non-profit corporation administered by the APD Office of Community Liaison

(OCL)if the donation or gift is valued at $5000.00 or less.

(b) The Chief or designee may contact the GACC or the OCL non-profit corporation about

the Department's needs relating to donations. Unless approved in writing by the Chief

APD General Orders Issued 7/12/2022

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General Orders

Gifts and Donations

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Gifts and Donations - 821

or designee, employees will not directly contact the GACC or its members regarding

a donation or potential donation.

is encouraged to bring the matter to the attention of the employee's chain-of-command,

and, if approved, the matter will be submitted to the Chief or designee.

1017.4 PROHIBITED ACCEPTANCE AND SOLICITATION OF GIFTS AND DONATIONS

(a) No employee will solicit or accept donations or loans of property, funds, or services

for use by the Department, or in carrying out its duties, except as otherwise provided

in this order.

(b) Employees will not be permitted to use their affiliation with the Department to solicit

funds for any purpose without the express approval of the Chief or designee.

influence that individual in the performance of official duties, or that the employee

knows or should know has been offered with the intent to influence or reward official

conduct.

(d) No employee shall knowingly borrow money, purchase any article, or accept gifts

or favors from any person known or reasonably believed to be a habitual violator

of the law or anyone who is under arrest, detention or suspected of a crime under

investigation by any employee.

1. Employees shall not receive any article whatsoever, either as a gift or as the

result of purchase or trade, from suspects, prisoners, persons recently arrested,

known gamblers, prostitutes, or other persons of bad character, or professional

bondsmen or other persons whose vocation may profit from information obtained

from the police or from relatives, employees or associates of any of these

persons.

2. Employees will not buy anything from or sell anything to any complainant,

suspect, witness, defendant, prisoner, or other person involved in any case

which has come to their attention through their employment with the Department,

nor can they act as an intermediary in the payment of a reward for the return

of stolen property.

3. Employees shall not accept any gift, favor or reward in money for services

rendered in the line of duty.

(e) No person shall be allowed on the premises of the Department to sell goods or offer

them for sale, or to canvass or solicit for any purpose, without permission from the

appropriate Commander/Manager in charge of the premises.

(f) No employee shall participate, either directly or indirectly, in sales promotions,

solicitations, fund-raising campaigns, or similar activities, while representing

themselves as employees of the Department. Employees shall not authorize others

to conduct themselves in a manner that would leave the impression the employee is

representing the Department.

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General Orders

Gifts and Donations

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Gifts and Donations - 822

(g) Employees shall not solicit the aid of any individual or group outside the Department

for assistance in procuring or preventing a duty assignment, promotion, or to mitigate

discipline. Nor shall they permit any petition to be circulated for the same on their

behalf. Should an employee learn of such a petition being circulated, the employee

should immediately bring the matter to their immediate supervisor.

1017.5 DISPOSITION OF ACCEPTED GIFTS AND DONATIONS

(a) The donor's request as to the use of the donation will be honored to the extent possible

(b) Any property donated to the Department will be inventoried through APD's Property

Management.

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Bulletin Boards

1019.1 PURPOSE AND SCOPE

In order for the Department to encourage and support the exchange of general information, glass

enclosed bulletin boards are installed at strategic locations within APD facilities.

1019.2 TYPES OF BULLETIN BOARDS:

The two types of bulletin boards are:

(a) Department Bulletin Boards - For posting APD information.

(b) Austin Police Association (APA) Bulletin Boards - For posting APA information.

1019.2.1 DEPARTMENT BULLETIN BOARDS

Information posted on Department Bulletin Boards is considered important for all employees.

Employees should check these Bulletin Boards regularly for new postings.

(a) Department Bulletin Boards will be located at various locations at the Main

Headquarters, the Training Academy, and substations, and remote offices.

(b) Control of Posted Materials:

1. The Commander over each facility where the Bulletin Board is located will

designate a specific person to post/purge information on Department Bulletin

Boards.

2. Each Department Bulletin Board will remain locked to control the materials

posted.

(d) Personal notices are not to be placed in, on, or affixed to Department Bulletin Boards.

1019.2.2 APA BULLETIN BOARDS

Pursuant to terms in the Meet and Confer Agreement, the APA may have a bulletin board installed

at designated APD facilities. The design and placement of APA Bulletin Boards will be approved

by the Chief or designee.

(a) The Agreement includes the following guidelines concerning APA Bulletin Boards:

1. There shall be no personal attacks or inflammatory statements.

2. All materials shall be directed toward dissemination of APA information.

3. Any concerns about the content of posted material shall be brought to the

attention of the APA's Executive Board for review and adjustment as soon as

the concerns are noticed.

4. The Chief retains the final decision as to whether APA material may be posted

on APA Bulletin Boards. At no time shall the APA Bulletin Boards contain any

political endorsement, whether at the local, state or federal level.

APD General Orders Issued 7/12/2022

1021

Austin Police Department

General Orders

Published with permission by Austin Police Department

Severe Weather - 824

Severe Weather

1021.1 PURPOSE AND SCOPE

On occasion, Austin experiences severe weather conditions impacting all or a majority of the city.

This includes flooding, icy conditions, or high winds and possible tornado activity. Severe weather

conditions create hazards for employees as well as other members of the public.

1021.2 ESSENTIAL PERSONNEL

Essential personnel are employees who provide emergency police services to the public.

(a) First Responders are essential personnel.

(b) Personnel assigned to Communications are considered essential personnel unless

otherwise designated as nonessential by the Communications SOP.

or non-essential personnel.

1021.3 SEVERE WEATHER SITUATIONS

The provisions of this order will be invoked only after specific authorization of the City Manager

under the City of Austin Bad Weather Policy.

(a) In the event a decision is made by the City Manager that an emergency situation has

created hazardous conditions, only essential Department personnel should report for

duty or remain on-duty.

(b) All essential personnel will report for duty as normal, or as directed, if an emergency

mobilization is declared unless the employee's absence is authorized by a supervisor.

APD General Orders Issued 7/12/2022

1022

Austin Police Department

General Orders

Published with permission by Austin Police Department

Courtesies to the Flag - 825

Courtesies to the Flag

1022.1 PURPOSE AND SCOPE

Employees will render proper respect to the National Colors and the National Anthem when it is

both practical and safe to do so. This order explains how to render the proper courtesy and when

it should be rendered.

1022.2 MANNER OF EXECUTING A COURTESY TO THE FLAG

There are three (3) distinct manners in which courtesies may be extended, depending upon

circumstances.

(a) When in civilian attire, including wearing a non-police uniform, employees will place

their right hand over their heart. Employees wearing a hat will remove their hat and

hold them at the left shoulder with the hand over the heart.

(b) When in a police uniform and a hand salute is appropriate:

1. Stand at attention, with eyes facing forward.

2. Raise the right hand smartly until the tip of the forefinger touches the lower edge

of the brim of the headgear, or, if not wearing a hat/cap, until the forefinger

touches the forehead above and slightly to the right of the right eye.

3. The thumb and fingers are held straight and joined, with the palm facing to the

left.

4. The upper arm is horizontal, the forearm inclined at 45 degrees, and the hand

and wrist are held straight.

5. Complete the salute by returning the arm to its normal position at the side, using

a smooth motion.

1. Stand erect, with eyes facing forward.

2. Let arms hang by the sides with the thumbs touching the outer trouser seams.

1022.3 WHEN COURTESIES ARE RENDERED

When practical and safe to do so personnel will render the proper courtesy, as designated during:

(a) Parade Situations.

(b) Posting of Colors.

(d) Playing of the National Anthem.

1022.3.1 PARADE SITUATIONS

Render the courtesy when the flag approaches within six paces from the viewer and hold it until

the flag has passed two paces beyond.

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Courtesies to the Flag

Published with permission by Austin Police Department

Courtesies to the Flag - 826

(a) Officers in uniform come to attention and render the hand salute.

(b) Employees in civilian attire will render courtesy as outlined in this order.

1022.3.2 POSTING OF THE COLORS

(a) If outdoors, officers in uniform will render the hand salute. Begin the salute when the

command "present arms" is given and hold until the command "order arms" is given.

(b) If indoors, officers in uniform will stand at attention. Come to attention as the honor

guard begins its entry, and remain at attention until the honor guard exits the posting

area (generally the stage or dais area).

the honor guard until it leaves the posting area.

1022.3.3 FLAG RAISING/LOWERING (REVEILLE AND RETREAT)

The ceremony of raising or lowering the national flag at police facilities constitutes a dignified

homage to it. Begin to render the courtesy when the flag starts its ascent/descent, and end it when

the flag has been fully raised/lowered.

(a) Officers in uniform will render the hand salute.

(b) Employees in civilian attire will render courtesy as outlined in this order.

1022.3.4 PLAYING OF THE NATIONAL ANTHEM

Render the courtesy beginning with the first note of the National Anthem and hold until the last

note is played.

(a) If outdoors, officers in uniform will render the hand salute.

(b) If indoors, officers in uniform will stand at attention.

APD General Orders Issued 7/12/2022

1023

Austin Police Department

General Orders

Published with permission by Austin Police Department

Honorably Retired Photo Identification and

Range Qualification - 827

Honorably Retired Photo Identification and

Range Qualification

1023.1 PURPOSE AND SCOPE

This order sets guidelines on officers who retire from the Department and who wish to:

(a) Receive a Honorably Retired Photo Identification, and/or

(b) Qualify for a handgun license under 18 USC (LEOSA Federal Law) or Tex. Occ. Code

Ann. § 1701.357.

1023.2 IDENTIFICATION

Officers who have retired or who have given notice to the department of their retirement date may

receive a retiree photo identification.

(a) The individual will fill out the Identification Card Honorably Retired Peace Officers

(PD0041b) and deliver the completed form to the control booth, headquarters.

(b) After two weeks, the individual may call the control booth to determine if the form has

been approved. Upon approval, the retiree shall schedule a time for the photo and

identification card.

an affidavit stating such upon receiving a replacement card.

1023.3 QUALIFICATION

Retirees who possess a retiree photo identification may qualify at the Department’s range.

(a) The retiree shall call the range and schedule a time to qualify.

(b) The retiree shall sign a Department waiver and a signed and notarized Certificate

of Weapons Proficiency (PD0206 or PD0206a) before being allowed to shoot on the

range. Sworn range personnel may notarize the waiver.

Weapons Proficiency (PD0206 or PD0206a).

APD General Orders Issued 7/12/2022

1024

Austin Police Department

General Orders

Published with permission by Austin Police Department

Emergency Notification System (ENS) - 828

Emergency Notification System (ENS)

1024.1 EMERGENCY NOTIFICATION SYSTEM (ENS)

The Emergency Notification System (ENS) is an automated emergency notification tool which

enables authorized public safety personnel the ability to notify citizens of emergency situations

where human life or property are potentially in jeopardy.

The Emergency Notification System may also be recognized as the Regional Notification System

(RNS) and/or Reverse 911. This system is accessible through APD Emergency Communications.

This system is not the primary system for statewide AMBER, SILVER, or BLUE Alerts; but, can

be utilized to support those statewide alerts.

(a) When sworn personnel request an ENS activation through Emergency

Communication personnel, the request must:

1. Be approved by a supervisor with the rank of Sergeant or higher;

2. Include some general geo-graphical identifiers for the boundaries of the

message (radius distance and/or perimeter roadways); and

3. Include the content of the message to be delivered

(b) Examples of potential activation scenarios include, but are not limited to:

1. Warning residences of severe weather events and providing instructions (usually

handled by the EOC).

2. Broadcasting the description of an endangered missing child or elderly person

to residents in an area where the individual was last seen;

3. Providing information concerning hazardous areas to avoid due to an imminent

threat (chemical spills, fires, floods, etc.).

APD General Orders Issued 7/12/2022

General Orders

Published with permission by Austin Police Department

Index - 829

INDEX / TOPICS

. . . . . . . . . . . . . . . . . . 199

ABUSE . . . . . . . . . . . . . . . 408

ACCOUNTABILITY TO SUPERVISOR . . 28

ADMINISTRATIVE INVESTIGATIONS

Administration of Discipline. . . . . . 606

Administrative Investigations Overview. 582

Allegation of Criminal Conduct. . . . . 592

Allegations of Administrative Violations. 593

Complaint Classification Process. . . . 588

Complaint Forms. . . . . . . . . . 585

Complaint Investigation. . . . . . . . 591

Disciplinary Appeals. . . . . . . . . 610

Discipline Levels. . . . . . . . . . 604

Discipline Meeting (DM). . . . . . . 607

Discipline Process. . . . . . . . . . 603

Dismissal Review Hearing (DRH). . . . 609

Disposition Process. . . . . . . . . 602

Independent Discipline Review. . . . . 607

Intial Supervisor Responsibility. . . . . 587

Investigations, Internal Affairs. . . . . 596

Mediation. . . . . . . . . . . . . 598

Officer Final Classification Agreement

(OFCA). . . . . . . . . . . . . . 597

Post Investigative Review. . . . . . . 603

Records Retention Schedule. . . . . . 610

AIRCRAFT CRASHES . . . . . . . . . 387

AUDIO/VIDEO RECORDING

Body Worn Cameras. . . . . . . . . 143

Mobile Audio Video (DMAV). . . . . 153

Public Recording of Official Acts. . . . 140

AUDIO/VIDEO RECORDINGS

Adult Interviews/Interrogations. . . . . 199

AUTHORITY . . . . . . . . . . . . . 13

BATON . . . . . . . . . . . . . . . . 79

CENTRAL RECORDS . . . . . . . . . 501

CHEMICAL AGENTS . . . . . . . . . . 79

CHILD ABUSE . . . . . . . . . . . . 411

Definitions. . . . . . . . . . . . . 411

CHRI . . . . . . . . . . . . . . . . . 47

CITIZEN COMPLAINTS . . . . . . . . 582

CIVIL DISPUTES . . . . . . . . . . . 333

CIVIL STANDBY . . . . . . . . . . . 334

COMMAND PROTOCOL . . . . . . . . 28

COMMUNICATION OPERATIONS . . . . 500

CONSTITUTIONAL REQUIREMENTS . . . 13

CONTROL DEVICES AND TECHNIQUES . 78

Baton and Impact Weapons. . . . . . . 79

Chemical Agents. . . . . . . . . . . 79

Kinetic Energy Projectiles. . . . . . . 84

Pain Compliance Techniques. . . . . . 87

Reporting. . . . . . . . . . . . . . 78

Training. . . . . . . . . . . . . . 79

COURT APPEARANCE . . . . . . . . 686

CRASH INVESTIGATION AND REPORTING

Enforcement on Private Property. . . . 266

CRIMINAL HISTORY RECORD . . . . . 47

DEADLY FORCE . . . . . . . . . . . 62

DEATH INVESTIGATION . . . . . . . 439

DEPARTMENT OWNED PROPERTY . . . 518

DEPARTMENT TECHNOLOGY USE . . . 772

DEPENDENT ADULT . . . . . . . . . 408

DETENTIONS . . . . . . . . . . . . 195

DIPLOMATIC IMMUNIT . . . . . . . . 241

DISCIPLINARY APPEALS . . . . . . . 610

DISCIPLINARY ORDER . . . . . . . . 565

DISCIPLINE MEETING . . . . . . . . 607

DISCRIMINATION . . . . . . . . . . 639

DISCRIMINATORY HARASSMENT

Complaints. . . . . . . . . . . . . 643

DISMISSAL REVIEW HEARING . . . . . 609

ELDER ABUSE . . . . . . . . . . . . 408

ELECTRONIC MAIL . . . . . . . . . . 789

EMERGENCY PROTECTIVE ORDERS . . 397

EVALUATION . . . . . . . . . . . . 632

FAMILY VIOLENCE . . . . . . . . . 389

FIELD IDENTIFICATIONS . . . . . . . 201

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Published with permission by Austin Police Department

- 830

FIELD INTERVIEWS . . . . . . . . . 199

FIELD PHOTOGRAPHS

Juvenile Photographs. . . . . . . . . 192

FIREARM DISCHARGE SITUATIONS . . . 65

Display of Firearm. . . . . . . . . . 68

Unintentional Discharge. . . . . . . . 70

Unintentional Discharge While Off-Duty. . 71

FOOT PURSUIT

Assisting Responsibilities. . . . . . . 131

Considerations. . . . . . . . . . . 130

Guidelines. . . . . . . . . . . . . 129

Initiating Responsibilities. . . . . . . 131

Supervisor Responsibilities. . . . . . 131

Termination. . . . . . . . . . . . 130

GRIEVANCE PROCEDURE . . . . . . . 617

GROOMING STANDARDS . . . . . . . 682

HARASSMENT . . . . . . . . . . . . 640

HATE CRIMES . . . . . . . . . . . . 455

HAZARDOUS MATERIAL . . . . . . . 370

ICE ASSISTANCE . . . . . . . . . . . 197

ICE DETAINERS . . . . . . . . . . . 197

IDENTITY THEFT . . . . . . . . . . . 448

IMMIGRATION . . . . . . . . . . . . 239

IMMIGRATION RECORDS . . . . . . . 198

IMMUNITY . . . . . . . . . . . . . 241

IMPACT MUNITIONS . . . . . . . . . 84

IMPACT WEAPONS . . . . . . . . . . 79

INDEPENDENT DISCIPLINE REVIEW . . 607

INTERNAL AFFAIRS INVESTIGATIONS . 582

INVESTIGATIVE TASK FORCE . . . . . 291

JOINT TASK FORCE . . . . . . . . . 291

JUVENILE INTERVIEWS . . . . . . . . 189

KINETIC ENERGY PROJECTILES . . . . 84

LACTATION BREAK . . . . . . . . . 765

LEG RESTRAINT DEVICE . . . . . . . 76

Procedure. . . . . . . . . . . . . . 76

LESS LETHAL SHOTGUN . . . . . . . . 84

LIGHT DUTY ASSIGNMENTS . . . . . 752

LIMITED DUTYASSIGNMENTS . . . . . 752

MEDIA REQUEST . . . . . . . . . . . 230

MEDICAL MARIJUANA . . . . . . . . 437

MEMORANDUM . . . . . . . . . . . . 33

MIRANDA WARNING . . . . . . . . . 199

NEWS MEDIA RELATIONS . . . . . . 230

ORGANIZATIONAL STRUCTURE . . . . 26

OUTSIDE AGENCY ASSISTANCE . . . . 289

OVERTIME PAYMENT . . . . . . . . 722

PAIN COMPLIANCE TECHNIQUES . . . . 87

PATROL FUNCTION . . . . . . . . . 135

PERSONAL APPEARANCE . . . . . . . 682

PERSONAL PROPERTY . . . . . . . . 518

PERSONNEL DIRECTIVES . . . . . . . 33

PERSONNEL FILES . . . . . . . . . . 626

PERSONNEL RECORDS . . . . . . . . 39

POLICE OBSERVER PROGRAM . . . . . 224

Police Observer Requests. . . . . . . 226

PREGNANCY . . . . . . . . . . . . 757

PROTECTIVE SERVICES . . . . . . . . 408

PURSUITS . . . . . . . . . . . . . . 114

RECORDS AND INFORMATION

APD General Orders Issued 7/12/2022

Austin Police Department

General Orders

Published with permission by Austin Police Department

- 831

Release. . . . . . . . . . . . . . . 36

RECORDS SECURITY . . . . . . . . . 36

RELEASE OF RECORDS AND INFORMATION

Arrest Reports. . . . . . . . . . . . 39

Personnel Records. . . . . . . . . . 39

RESPONSE TO CALLS . . . . . . . . . 297

RESPONSE TO RESISTANCE

Control Devices and Techniques. . . . . 78

Deadly Force. . . . . . . . . . . . 62

Determining Correct Force Level. . . . . 97

Firearm Discharge Situations. . . . . . 65

Notification to Supervisors. . . . . . . 63

Reasonableness of Force. . . . . . . . 61

Related Policies. . . . . . . . . . . 56

RESPONSE TO RESISTANCE INQUIRY,

REPORTING AND REVIEW

TASER Use Reporting. . . . . . . . . 93

RETALIATION . . . . . . . . . . . . 640

RIDE-ALONG . . . . . . . . . . . . 224

SEARCH AND SEIZURE . . . . . . . . 164

SEXUAL HARASSMENT . . . . . . . . 640

SMOKING POLICY . . . . . . . . . . 701

SOBRIETY CENTER . . . . . . . . . . 178

SUBPOENAS

Failure To Appear. . . . . . . . . . 689

SUCCESSION OF COMMAND . . . . . . 28

TASER . . . . . . . . . . . . . . . . 89

TASER® . . . . . . . . . . . . . . . 89

TASER® GUIDELINES

Deployment. . . . . . . . . . . . . 90

Deployment Record Retention. . . . . . 95

Deployment, Multiple Applications. . . . 92

Deployment, Targeting. . . . . . . . . 92

Prohibited Uses. . . . . . . . . . . 91

Reporting. . . . . . . . . . . . . . 93

Training. . . . . . . . . . . . . . 94

Verbal Warnings. . . . . . . . . . . 90

TATTOOS . . . . . . . . . . . . . . 685

TRAINING POLICY . . . . . . . . . . 694

TRANSFER PROCESS . . . . . . . . . 656

UNITY OF COMMAND . . . . . . . . . 28

VEHICLE PURSUIT

Firearms. . . . . . . . . . . . . . 124

Pursuit Guidelines. . . . . . . . . . 118

Reporting and Review Requirements. . . 127

WARNING SHOT . . . . . . . . . . . 67

WATCH LIEUTENANT . . . . . . . . . 52

APD General Orders Issued 7/12/2022