APD General Orders 2024 PDF
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2024
Robin Henderson
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These are general orders of the Austin Police Department issued on March 29, 2024. It includes the Chief's message, a Law Enforcement Code of Ethics, and the Canons of Police Ethics to guide officers in their duties. The document emphasizes ethical conduct and upholding the law.
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APD General Orders Issued 03-29-24 Austin Police Department General Orders CHIEF'S MESSAGE I am proud to present the...
APD General Orders Issued 03-29-24 Austin Police Department General Orders 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, Robin Henderson Interim Chief of Police Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Chief's Message - 1 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 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 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Law Enforcement Code of Ethics - 2 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 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. Article 6: Private Conduct Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Canons of Police Ethics - 3 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 General Orders Canons of Police Ethics 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 distinctions among the persons involved, strengthening the tradition of the reliability and integrity of an officer's word. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Canons of Police Ethics - 4 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 General Orders Canons of Police Ethics 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 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Canons of Police Ethics - 5 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 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.. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Philosophy, Values, Vision and Mission - 6 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 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 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Supervisory Reference Guide - 7 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 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.......... 13 100 - Law Enforcement Authority.................. 14 102 - Chief Executive Officer.................... 16 104 - Oath of Office....................... 17 105 - Community Policing..................... 18 106 - Department Manuals.................... 21 110 - Organizational Structure and Responsibility............. 27 111 - APD Standing Committees.................. 33 114 - Administrative Communications................. 34 115 - Forms Control...................... 36 116 - Security and Release of Records and Information........... 37 117 - Critical Incident - Public Release................ 45 118 - Criminal History Record Information............... 48 123 - Inspections....................... 52 124 - Watch Lieutenant..................... 53 127 - Meet and Confer...................... 54 Chapter 2 - Response to Resistance and Pursuit............. 55 200 - Response to Resistance................... 56 202 - Firearm Discharge Situations.................. 66 204 - 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...................... 131 Chapter 3 - Field Operations and Custody............... 136 300 - Patrol Function...................... 137 301 - Responsibility to the Community................ 140 302 - Public Recording of Official Acts................ 142 303 - Body-Worn and Vehicle Camera Systems............. 145 304 - Livestreaming...................... 156 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Table of Contents - 8 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 305 - Radio and Mobile Data Computer Use.............. 158 306 - Search and Seizure.................... 163 307 - 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.................. 258 344 - Automatic License Plate Reader................ 261 346 - Crash Investigation And Reporting................ 267 348 - Disabled Vehicles and Stranded Motorists............. 278 350 - Vehicle Towing and Impound................. 279 355 - DWI Enforcement..................... 286 362 - Outside Agency Assistance and Joint Task Forces.......... 295 364 - Off-Duty Law Enforcement Actions............... 299 Chapter 4 - Field Response, Investigations and Reporting Policies...... 302 400 - Officer Response to Calls.................. 303 401 - Preliminary Field Investigations................. 307 402 - Incident Reporting and Documentation.............. 314 403 - Follow-Up Investigations................... 322 404 - Civil Disputes...................... 340 405 - Warrants........................ 343 406 - Case Clearance..................... 352 407 - Emergency Management................... 359 408 - Mobile Field Force..................... 371 409 - Swift Water and Flooding Incidents............... 375 410 - Hazardous Material Response................. 377 412 - Hostage, Barricaded, and Suicidal Subject Incidents.......... 379 413 - Clandestine Lab..................... 383 414 - Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents..... 385 415 - Utilization of Narcan.................... 391 416 - Aircraft Crashes..................... 395 418 - Family Violence...................... 397 419 - Protective Orders..................... 409 420 - Sexual Assault...................... 414 422 - Elder Abuse....................... 417 424 - Child Abuse....................... 420 425 - Missing Persons..................... 423 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Table of Contents - 9 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 426 - Public Alerts....................... 428 427 - Geolocates, Pen Registers, and/or Trap and Trace Devices....... 433 428 - Medical Marijuana..................... 446 434 - Death Investigations.................... 448 435 - Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle....... 452 436 - Identity Theft...................... 457 437 - Criminal Trespass..................... 458 438 - Hate Crimes....................... 465 440 - Service Animals..................... 468 445 - Mental Health Response................... 470 450 - Informants....................... 478 455 - Social Media for Official Use................. 482 Chapter 5 - Field Support Operations................ 487 500 - Bicycle Operations..................... 488 503 - Canine Unit....................... 492 504 - Air Operations and Air Support................. 494 Chapter 6 - General Support Operations............... 496 601 - Victim Services...................... 497 602 - Chaplain Unit...................... 500 604 - Auxiliary and Support Services................. 502 607 - U-Visa Nonimmigrant Status Certifications............. 504 610 - Communication Operations.................. 506 611 - Interpreter Services.................... 507 612 - Crime Analysis...................... 511 613 - Central Records Procedures................. 512 616 - Public Safety Camera System................. 513 617 - Critical Incident Support Systems and Procedures........... 517 618 - Property and Evidence Collection Procedures............ 520 619 - Reserve Officer Unit.................... 528 Chapter 8 - Equipment Policies................... 532 800 - Property and Equipment Accountability.............. 533 801 - Equipment and Uniform Regulations............... 541 803 - Duty Firearms...................... 559 804 - Department Vehicles.................... 570 Chapter 9 - Personnel Policies................... 576 900 - General Conduct and Responsibilities.............. 577 901 - Special Investigations.................... 590 902 - Administrative Investigations................. 596 903 - Discipline Matrix..................... 627 904 - Grievance Procedures................... 632 906 - Guidance Advisory Program.................. 635 908 - Reporting of Employee Arrests and Police Involvement for Sworn Employees.. 637 910 - Peace Officer Personnel Files................. 641 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Table of Contents - 10 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders 912 - Personnel Evaluations................... 647 914 - Equal Employment Opportunity and Non-Discrimination......... 654 916 - Drug and Alcohol Free Workplace................ 659 917 - Drug and Alcohol Abuse and Treatment.............. 667 918 - Promotion, Transfer, and Vacancy Guidelines for Sworn Employees..... 671 919 - Promotional Bypass of Sworn Employees............. 686 922 - Awards and Commendations................. 687 924 - Personal Appearance Standards................ 697 935 - Court Appearances.................... 700 942 - Training and Career Development................ 708 946 - Smoking/Tobacco Use................... 715 949 - Secondary Employment................... 716 950 - Overtime and Compensatory Time............... 736 951 - Pay Differential...................... 739 953 - Incentive Pay...................... 741 954 - Mental Health Leave (MHL).................. 743 955 - Attendance and Leave................... 746 956 - On-Duty Injury and Illness.................. 759 957 - Communicable Disease Exposures and Response Protocols....... 763 958 - Limited Duty, Extended Limited Duty, Return to Work, and Pregnancy.... 769 959 - Restricted and Administrative Duty............... 779 960 - Mother Friendly Workplace.................. 782 972 - Employee Speech, Expression, and Social Networking......... 784 Chapter 10 - General Policies................... 788 1000 - Department Technology Use................. 789 1001 - Telework Policy and Procedure................ 797 1002 - Electronic Mail (Email) Communications............. 806 1003 - Telephone and Mail Protocol................. 809 1004 - Department Owned Cell Phones................ 812 1007 - Funeral Procedures.................... 817 1009 - Building Security..................... 823 1011 - Purchasing....................... 827 1013 - Budget........................ 833 1015 - Grants Management.................... 835 1017 - Gifts and Donations.................... 837 1019 - Bulletin Boards..................... 840 1021 - Severe Weather..................... 841 1022 - Courtesies to the Flag................... 842 1023 - Honorably Retired Photo Identification and Range Qualification...... 844 1024 - Emergency Notification System (ENS).............. 845 Attachments......................... 846 Traffic 3.jpg......................... 847 Uniform Traffic Enforcement Guide.pdf................ 848 902.3.1 Complaint Table.pdf................... 849 Ribbons with Images Small.jpg................... 850 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Table of Contents - 11 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders Traffic 1.jpg......................... 851 Traffic 2.jpg......................... 852 Award Image for Lixipol with Padron Fixed.jpg.............. 853 Signature.JPG........................ 854 Award Image for Lixipol with Padron Fixed.jpg.............. 855 Uniform Traffic Enforcement Guide.pdf................ 856 902 Classification Table.pdf.................... 857 Ribbons with Images Small.jpg................... 858 Traffic 1.jpg......................... 859 Traffic 3.jpg......................... 860 Traffic 2.jpg......................... 861 Traffic 1.jpg......................... 862 Traffic 2.jpg......................... 863 Traffic 3.jpg......................... 864 Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Table of Contents - 12 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders Chapter 1 - Department Organization and Administration Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Organization and Administration - Published with permission by Austin Police Department 13 APD General Orders Issued 03-29-24 GO Austin Police Department 100 General Orders 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. (c) Sheriff's Offices are county level entities which have jurisdiction to conduct criminal 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 serve warrants and arrest for any criminal offense committed within their presence or Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Law Enforcement Authority - 14 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Law Enforcement Authority 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). Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Law Enforcement Authority - 15 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 102 General Orders 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). Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Chief Executive Officer - 16 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 104 General Orders 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). Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Oath of Office - 17 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 105 General Orders 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. (c) SARA Problem Solving Model 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 (c) Implemented solutions (d) Quality of the relationship between the police and other departments and agencies Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Community Policing - 18 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Community Policing (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. (c) The following community stakeholders are key players in developing police- 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. 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Community Policing - 19 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Community Policing 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. (c) When possible, the Department will allocate resources and finances, and 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Community Policing - 20 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 106 General Orders 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. (c) The Chief or designee may approve and authorize exceptions to individual provisions 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 21 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Department Manuals 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 22 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Department Manuals (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. (c) The word "may" is permissive. 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. (c) Supervisor/managers will ensure their employees are made aware of any applicable Department Manual revision. 1. Employees are required to review and acknowledge revisions upon receiving an ® update to any Department Manual through Acadis. 2. Physical issuance logs will be maintained by the Unit Supervisor. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 23 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Department Manuals 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. (c) Department directives issued after this manual shall stand over General Orders until 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. (c) SOP Manuals that encompass an entire Command of the Department shall take 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. (c) Materials may be included in these manuals due to: 1. Their detailed and extensive nature. 2. Their applicability to a very limited number of employees. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 24 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Department Manuals 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 (c) Final approval for revision requests are handled as follows: 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. (c) Integrating all outstanding Special Orders into the affected Department Manual as 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: (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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 25 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders 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. (c) The PRC will ensure proposed changes do not contradict existing agency directives 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Department Manuals - 26 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 110 General Orders 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. (c) Commander. (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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 27 APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Organizational Structure and Responsibility 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. (c) Corporals/detectives may be given limited supervisory authority to support the role of 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 28 APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Organizational Structure and Responsibility 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. Units or shifts that are assigned either two sergeants or a corporal and a sergeant may be assigned more than ten (10) but no more than twenty (20) employees. (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. (c) When multiple supervisors are required, one will be specifically designated as the supervisor-in-charge and be responsible for the actions of all officers working at that time. The 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 up to five (5) officers for a LERE assignment related to traffic control (e.g., road closure) without utilizing a Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 29 APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Organizational Structure and Responsibility 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. 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 30 APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Organizational Structure and Responsibility (b) Authority to complete a task shall be commensurate with the responsibility placed on employees by the supervisor. (c) Supervisors are ultimately responsible for the action of themselves and their 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. (c) Employees will promptly obey any lawful order from a supervisor of higher rank, 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 31 APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Organizational Structure and Responsibility (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. (c) The supervisor will contact the next-level supervisor and request their 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 32 APD General Orders Issued 03-29-24 GO Austin Police Department 111 General Orders 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 is found on the APD Main SharePoint Site in the Committee folder: (a) Awards Committee (b) Budget Committee (c) Chief's Advisory Committee (d) Equipment Committee (e) Facilities Committee (f) Hardship Committee (g) Hate Crimes Review Committee (h) History and Museum Committee (i) Policy Review Committee (j) Policy Vetting Committee (k) R2R Audit Group Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. APD Standing Committees - 33 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 GO Austin Police Department 114 General Orders 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. (c) Employees may request a reply from the addressee to address the issue or confirm 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, Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Administrative Communications - 34 Published with permission by Austin Police Department APD General Orders Issued 03-29-24 Austin Police Department General Orders General Orders Administrative Communications 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. Copyright Lexipol, LLC 2024/03/21, All Rights Reserved. Administrative Communications - 35 Published with permission by Austin Police Department