Volume 3, Section 201 - 280.40 PDF

Encouragement. Supervisors shall be aware that recognition of good work is an indispensable need in the employee's relationship with the Department and shall make certain that meritorious acts and accomplishments are rewarded, either by personal encouragement and praise, or by formal commendation. 1...

Encouragement. Supervisors shall be aware that recognition of good work is an indispensable need in the employee's relationship with the Department and shall make certain that meritorious acts and accomplishments are rewarded, either by personal encouragement and praise, or by formal commendation. 156.80 NEGATIVE DISCIPLINARY ACTION. The negative disciplinary procedures available to supervisors (Manual Section 3/800) shall be used only after determining that the correction of delinquency by positive disciplinary means is not feasible. GENERAL MANAGEMENT PROCEDURES 201. ADMINISTRATIVE REVIEW AND ADJUDICATION OF A VEHICLE PURSUIT. Back to top Pursuit Initiation and Involvement/Pursuit Tactics Adjudication Classifications. The pursuit adjudication classifications require separate adjudications for each officer involved in the pursuit regarding initiation and involvement/pursuit tactics. The classifications for the adjudications of pursuit initiation and involvement/pursuit tactics are the following: Initiation Findings: • In Policyo No Further Action Taken; o Training; • Administrative Disapproval - Out of Policy: o Formal Training; o Notice to Correct Deficiencies (Form General 78); or, Personnel Complaint (Form 01.28.00). Note: In general, the initiation findings should only be done for the primary unit initiating the pursuit. Reasons for initiation shall be considered in adjudicating this section as delineated in Department Manual Section 1/555.10, Initiation of a Vehicle Pursuit. Officers shall not initiate a pursuit based only on an infraction, misdemeanor evading (including failure to yield), or reckless driving in response to enforcement action taken by Department personnel, or when the driver fails to yield. Involvement/Pursuit Tactics Findings: For the purposes of this section, "involvement" includes any ground unit actively pursuing the suspect vehicle; which can include the primary, secondary, or third unit, or supervisor, or any additional units that join the pursuit, whether they are requested by the primary unit or supervisor. • Administrative Approval o No Further Action Taken; o Training; • Administrative Disapproval: o Formal Training; o Notice to Correct Deficiencies; or, o Personnel Complaint. Note: “Administrative Disapproval” is defined as unjustified substantial deviation from Department policy, procedure, or training. The Involvement/Pursuit Tactics Findings should address the vehicle pursuit procedure as delineated in Department Manual Section 4/205.01 through 4/205.55, including but not limited to: Command and Control; Tactical Planning; Tactical Communication; Use of Resources such as Air Unit and Tracking; Continuation and Termination of a Pursuit; Driving Tactics; Use and Request of Equipment; Vehicle Intervention Techniques used; Pursuit Discipline; and, Driving. Area/Division Commanding Officer's Responsibilities. The Area/division commanding officer (CO) shall review the Vehicle Pursuit Report (VPR'.), and relevant audio, video footage, related reports, the Watch Commander Insight, and complete the "Recommended Classification " section. The Area/division CO shall forward all related reports to the bureau/group CO within 45 calendar days of the pursuit. Following a pursuit, the Area/division CO shall ensure that a supervisor at the Area/division conducts a Debrief as soon as practicable, but no later than 30 calendar days after the incident. The Debrief as it relates to a pursuit, is a review of the incident to identify those areas where actions and decisions were effective and those areas where actions and decisions could have been improved. Note: If the Area/division CO is recommending training, the training shall be completed within 90 calendar days from the date of the pursuit as part of the adjudication. If this cannot be completed within the 90 calendar days, the CO shall send written correspondence to the Department Traffic Coordinator (DTC) with an explanation of the inability to complete the recommended training (i.e., Injury on Duty or pre-approved vacation), and a request for an extension of the deadline. If a pursuit has received a final adjudication of Administrative Disapproval for tactics or Administrative Disapproval - Out of Policy for pursuit initiation by the DTC or his or her authorized designee, the CO shall serve their respective employees the rationale and final classification within 30 calendar days, using the Pursuit Findings Internal Process Receipt, Form 01.14.03. Bureau/Group Commanding Officer's Responsibilities. The concerned bureau/group CO shall review the VPR, relevant audio, video footage, related reports, and the Area/division CO Insight, and complete the recommended classification section within 90 calendar days of the pursuit. When there is a difference in recommendation between the bureau/group CO and Area/division CO, then the bureau/group CO shall submit an Intradepartmental Correspondence, Form 15.02.00, to the DTC, detailing his or her rationale for the disposition, with a copy sent to the Area/division CO. Department Traffic Coordinator's Responsibilities. The DTC, has the final review and adjudication authority of all vehicle pursuits. Should the final classification of a pursuit differ from the classification by the bureau/group CO, the DTC shall provide a rationale for that final classification on an Intradepartmental Correspondence and forward that to the concerned bureau/group and to the employee's CO. Note: The DTC may, at his or her discretion, delegate final review and adjudication authority for some or all pursuits to an authorized staff officer. The DTC, or authorized designee, shall make the final determination on the classification of the pursuit within 180 calendar days from the date of the pursuit. An additional 30 calendar days shall be granted to determine the final pursuit classification if additional information or investigation is needed and shall be documented in the pursuit case file maintained by the Pursuit Review Unit (PRU). Training - Documentation as a Result of a Vehicle Pursuit. When training is required, the Area/division CO shall ensure that training is completed within 90 calendar days from the date of the pursuit. Upon completion of the directed training by the involved officer, the Area/division CO shall ensure that the training is entered into the Learning Management System (LMS) along with the corresponding reference number [i.e., a Division of Records (DR) number], and forward a copy of the officer's LMS report to the PRU. If the training cannot be completed within 90 calendar days, the CO shall send a written correspondence to the DTC with an explanation of the inability to complete the recommended training (i.e., Injury on Duty or vacation), and a request for an extension of the deadline. Pursuits Classified as Administrative Disapproval. If the DTC or authorized designee determines that a vehicle pursuit is classified as Administrative Disapproval for tactics or Administrative Disapproval - Out of Policy for pursuit initiation, he or she shall ensure that a copy of the VPR and attached Intradepartmental Correspondence are forwarded to the bureau/group for further action, to include either Formal Training, a Notice to Correct Deficiencies, or a Personnel Complaint, within 45 calendar days of the final adjudication. Upon completion of the action taken, the bureau/group shall notify the DTC or authorized designee, of the disposition within 90 calendar days. 201.35 MULTIPLE RISK MANAGEMENT INCIDENTS. When multiple risk management issues are involved as a result of more than one related incident (i.e., pursuit, traffic collision, use of force, and/or a personnel complaint) and adjudication is interdependent, the reviewing authority shall ensure any relevant information from the multiple incidents is considered when completing the adjudication of each incident. 202. TRAFFIC CITATIONS (TRAFFIC NOTICE TO APPEAR) - SUPERVISORY RESPONSIBILITY. Commanding officers who are assigned the responsibility for issuance of Traffic Notice to Appear (citation) books (Manual Section 3/202.10) shall establish control over the issuance and the return of such books and shall cause a supervisory check to be made of completed citations. 202.10 UNITS ISSUING CITATION BOOKS. The commanding officers, all geographic uniformed divisions, shall cause an adequate supply of Traffic Notice to Appear books and absentee parking citation books to be maintained in their respective divisions for issuance to authorized employees. 202.20 ISSUANCE OF TRAFFIC CITATION BOOKS. Employees will normally draw their citation books from the uniformed division in which they will perform their duties. However, an employee requiring a citation book may draw it from any of the divisions listed in Manual Section 3/202.10 when circumstances make it impractical for the employee to obtain one from his or her normal source of supply. Such citation books shall, upon completion, be returned to the source from which they were drawn. Commanding officers listed in Manual Section 3/202.10 shall cause a Record of Traffic Citation Books, Form 04.15.00, to be maintained, tracking the issuance and the return of citation books in their respective divisions. 202.24 REISSUANCE OF CITATION BOOKS. Citation books which have not been completed within three months after issuance shall be recalled by the issuing unit and shall be reissued to more enforcement-active employees. Employees returning such citation books may be issued replacements. 202.26 DISPOSITION OF TRANSFERRED EMPLOYEES' CITATION BOOKS. When employees are transferred from one division to another, all traffic citation books in their possession shall be returned to a supervisor of the division from which the books were obtained. The supervisor shall record on the Record of Traffic Citation Books, Form 04.15.00, the date of the return of the books and the numbers of the unused citations. The books shall then be available for reissuance. Exception: When employees are transferred from a unit or division to another unit or division housed in the same building, they may retain their citation books. 202.30 CITATION REVIEW BY SUPERVISORS. Each officer issuing a Traffic Notice to Appear, Form 04.50.00, shall submit the original to the designated supervisor or if not available, to the on-duty watch commander (Department Manual Section 4/318.80). If a Continuation of Notice to Appear, Form 04.50.05, is involved, the citing officer shall also submit the original of the Continuation of Notice to Appear stapled to the Traffic Notice to Appear to the supervisor. The designated supervisor shall check the following items on the citation: Completeness. Each blank space on a citation shall be filled in. If the item is not applicable to the violation charged, a dash may be placed in the space. "Cannabis," as used herein includes all cannabis products that can be smoked, vaporized, eaten, or otherwise consumed or ingested. For Combined Cannabis/Traffic Arrests. A citation may be issued under California Vehicle Code Section 23222(b)(1) only if the possessor of the open receptacle containing cannabis or cannabis products is the driver of the vehicle. A citation may be issued under California Vehicle Code Section 23220(a) if the driver is smoking or ingesting cannabis or a cannabis product. If the passenger is smoking or ingesting cannabis or a cannabis product, cite under California Vehicle Code Section 23220(b). Note: The supervisor shall ensure that officers have not issued both a Release From Custody (RFC) for 11357(b)(2), 11359, or 11360 Health and Safety (H&S) Code violations and issued a Traffic Notice to Appear for the Vehicle Code violations. Legibility. Citations should be legible. Information listed in Department Manual Section 4/320.25 shall be printed; other portions of the citation may be printed or written. Tampering. There shall be no erasures on the citation. There shall be no changes on the citation other than corrected errors (Department Manual Section 4/320.80). Errors. In as much as an error or omission in certain items may invalidate the citation, a positive check shall be made of the:  Date of offense;  Correct section cited;  Correct location of offense;  Cited speed and speed zone in speed cases;  Signature of defendant; and,  Valid court appearance date, or juvenile check. Supervisors reviewing citations written by Department employees shall print their last name and serial number or use a stamp with the printed information on the lower right corner of the reverse side of the citation. 202.40 ERROR OR OMISSION NOTED ON CITATION. A supervisor who observes an uncorrected error or omission other than in the vehicle identification, notes, location of violation, or diagram sections on Traffic Notice to Appear submitted for review shall withhold the original of the citation and obtain a Notice of Correction and Proof of Service, Form 04.07.00, from the citing employee. A supervisor shall review and complete the Notice of Correction and Proof of Service form in accordance with Manual Section 4/320.80. Form 04.07.00 shall be stapled at the lower left corner on top of the original of the citation and forwarded in accordance with Manual Section 3/202.70. A supervisor who observes an uncorrected error or omission in the vehicle identification or violation fields on an absentee citation submitted for review shall withhold the citation and obtain a Citation Cancellation Request, Form 04.45.00, from the citing employee. The Form 04.45.00 shall be stapled to the original citation and forwarded to Traffic Court Liaison Unit as provided by Manual Section 3/202.70. Note: A supervisor who observes an error in the vehicle identification, notes, location of violation, or diagram sections on a Traffic Notice to Appear or Continuation of Notice to Appear shall inform the citing employee of the error and ensure that the employee records the correct information on the reverse side of the last copy of the citation in the officers citation book to use as reference for court proceedings. 202.50 TAMPERING OBSERVED ON CITATION. A supervisor who observes any indication of tampering (Manual Section 3/202.30) on a Traffic Notice to Appear or Continuation of Notice to Appear submitted for review shall withhold the citation and Continuation and obtain an Employees Report, Form 15.07.00, from the citing employee, setting forth the facts in the case. The Employee's Report shall be attached to:  The original of the citation when it is a Traffic Notice to Appear; or,  The original when it is an absentee citation.  The forms shall be submitted to the commanding officer for consideration and action. 202.60 ERRORS NOTED BY TRAFFIC COURT LIAISON UNIT DETAIL. When an uncorrected error is discovered by an employee at the Traffic Coordination Section in a citation issued by an employee, it should be reported to the citing employee's commanding officer. The commanding officer shall determine the cause for the error and shall take necessary steps to prevent recurrences. 202.70 FORWARDING CITATIONS - SUPERVISOR’S RESPONSIBILITY. A supervisor having checked citations (Manual Section 3/202.30) shall:  Cause the originals of Traffic Notices to Appear, Form 04.50.00, (with the original Continuation of Notice to Appear, Form 04.50.05, stapled to them, when appropriate) to be forwarded daily to Traffic Court Liaison Unit, 1945 South Hill Street, Room 107, Mail Stop 420. Note: Citations with correction slips attached shall be grouped together.  Cause a photocopy of juvenile Traffic Notices to Appear to be forwarded daily to Information Technology Division, Data Entry, Mail Stop 447.  Cause the originals of absentee citations to be bundled and forwarded daily to Traffic Court Liaison Unit, 1945 South Hill Street, Room 107, Mail Stop 420. Exception: Citations issued to juvenile traffic violation arrestees shall be approved by a supervisor but not forwarded in the normal manner. The court copy and the defendant’s copy of the citation shall be attached to the investigating officer's copy of the arrest report (Manual Section 4/346.40). 202.80 CITATION CORRECTION - TRAFFIC COURT LIAISON UNIT RESPONSIBILITY. Upon receipt of a Traffic Notice to Appear with a Notice of Correction and Proof of Service, Form 04.07.00, Traffic Court Liaison Unit (TCLU) shall submit the citation and attached request to the appropriate court. Note: Whenever TCLU is notified that the court has denied the Department's request to correct a citation, TCLU shall process the citation as directed by the court. 203. PROCESSING REPORTS - SUPERVISORY RESPONSIBILITY. 203.10 FIELD INTERVIEW REPORT PROCEDURES. Approving supervisors shall be responsible for ensuring completeness of the Field Interview (FI) Report, Form 15.43.00 and that the FI is forwarded daily to the Area Watch Commander. All original FIs shall remain at the Area of occurrence for two years, and then three additional years in records retention storage from the date of origination. Note: The number of FIs an officer produces should not be used as the sole measure of the officer’s productivity. 204.20 APPROVING REPORTS (Manual Sections 5/030.60 and 5/030.61). 204.50 PREPARING INVESTIGATIVE REPORTS OF ROBBERY OR RAPE FOR TELETYPING. A supervisor receiving a Investigative Report of a robbery or rape, Form 03.01.00, for approval shall:  Underline in red those details in the body of the report which shall be teletyped;  Ensure that on IR's of rape, only the victim's description is teletyped, without making any reference to the victim's name; and,  Cause the report to be delivered to a record clerk for immediate teletyping. A supervisor approving a report of a robbery or attempted robbery of major importance, or in which a gun was used or simulated by the suspect, shall cause the abstract to be sent as an All Points Bulletin (Manual Section 4/150.12) in addition to the regular local broadcast. Exception: No teletype shall be sent when all suspects are in custody (investigating officers shall be responsible for causing the appropriate teletypes to be sent). At the discretion of the approving supervisor, unusual circumstances of the rape may preclude the need for a teletype. Note: Supervisors may initiate a teletype on any felony crime when the crime or series of crimes provides a description of the suspect(s), vehicle(s), or the modus operandi is so distinctive as to afford a strong probability of identification or recognition. 205. FLEET SAFETY PROGRAM - RESPONSIBILITIES. Bureau/Area/division commanding officers are responsible for fleet safety and establishing a Fleet Safety Program which provides for:  A reduction in employee-involved traffic collisions;  Training those employees with deficient driving skills; and,  A systematic and timely review of employee-involved traffic collisions. A Fleet Safety Report (FSR), Form 01.13.00, will be generated by the Department Fleet Safety Coordinator (DFSC), Traffic Coordination Section (TCS), Emergency Operations Division (EOD), and must be completed by the concerned employee’s commanding officer, when a traffic collision occurs involving the following: o o o o The operator of a vehicle or conveyance is owned, leased, or rented by the City; The operator of a non-City vehicle or conveyance that is either loaned to the Department or is the responsibility of another law enforcement agency; A passenger in a vehicle or conveyance (as described above) whose actions directly result in a collision; or, The last operator of a vehicle or conveyance (as described above), which was involved in a collision while illegally or improperly parked on a highway or on private property. 206. TRAFFIC COLLISIONS INVOLVING DEPARTMENT VEHICLES OR EMPLOYEES. Any on-duty or off-duty Department employee (or Specialist Volunteer, Police Cadet, or Reserve Officer) while acting within the scope of his or her duties, who becomes involved in a traffic collision or becomes aware of a traffic collision involving a Department vehicle, shall report the traffic collision to his or her watch commander or officer in charge and comply with procedures in Department Manual Section 4/440.10. Note: If an unassigned Department vehicle parked at a police parking lot or garage displays evidence of traffic collision damage which has not been reported, the watch commander of the division to which the vehicle is assigned shall cause an investigation to be completed and a Traffic Collision Report (TCR), Form CHP 555, prepared if warranted. Supervisor’s Responsibilities – Traffic Collisions Involving Department Vehicles. A supervisory employee dispatched to the scene of a traffic collision shall conduct an investigation to determine whether the involved employee followed Department policies and procedures when the collision occurred. The investigating supervisor shall then notify the on-duty watch commander in the division of assignment of the involved employee and, if different, the Area patrol division watch commander for the division of occurrence, of the circumstances of the collision and the findings and actions taken by the supervisor. The notification may be made by telephone and shall be made as soon as practicable after arriving at scene. When a traffic collision involving the following circumstance is broadcast, the supervisor shall immediately respond to the scene, evaluate the circumstances of the incident and notify the traffic division watch commander: The occurrence involves on-duty Department personnel, or off-duty personnel while acting in the scope of their duties, and results in death or serious injury to any involved person Communications Division’s Responsibilities. When an on-duty employee is involved in a traffic collision in the City, which results in any party being transported to a medical facility by a rescue ambulance, Communications Division shall dispatch a traffic division supervisor along with a supervisor from the involved employee’s command. On-Scene Traffic Division Supervisor’s Responsibilities. When a traffic division supervisor is assigned to an employee-involved traffic collision involving a City vehicle whether within or outside the City, he or she shall:    Determine if the incident meets the criteria for a notification to the MultiDisciplinary Collision Investigation Team (MCIT), Traffic Coordination Section, Emergency Operations Division, and notify the concerned traffic division watch commander; Ensure that all witnesses are identified, their statements are obtained verbatim when feasible and all evidence, including, but not limited to, the Digital In-Car Video and/or Body Worn Video cameras, traffic cameras, etc., have been identified and/or obtained by the traffic unit handling the investigation; and, Review the TCR, to ensure the report is thorough and complete prior to submission to the traffic division watch commander for approval. Traffic Division Watch Commander’s Responsibilities. Traffic division watch commanders shall ensure that a traffic division supervisor is assigned and responds to the collision. The traffic division watch commander shall then verify if the incident meets the criteria for the MCIT to respond, and shall contact the Officer in Charge, TCS, for approval prior to requesting the MCIT when: The occurrence involves on-duty Department personnel or off-duty personnel while acting in the scope of their duties, and results in death or serious injury to any involved person (MCIT notification required). Note: When TCS is closed, Department Operations Center (DOC) shall be notified and requested to contact the on-call MCIT supervisor assigned to the TCS. Upon notification of an MCIT incident, DOC is responsible for initiating the MCIT notification process. In the event of an MCIT call-out, the MCIT supervisor is responsible for requesting that DOC coordinate the response of the aforementioned personnel. The MCIT supervisor may call upon resources of a geographic traffic division, as needed, to assist in various aspects of the investigation. In the event that an employee is involved in a traffic collision outside the City limits, the traffic division watch commander nearest to the traffic collision shall evaluate the circumstances and determine the feasibility of assigning a traffic division supervisor to respond; and, if so, ensure that a supervisor is in fact assigned and responds to the scene. Note: Department Operations Center shall be notified telephonically on all fatal traffic collisions, noteworthy collisions that result in extensive property damage to Department equipment, and death or hospitalization of Department employee(s). Traffic Division/Multi-Disciplinary Collision Investigation Team's Responsibilities. For all Department employee-involved traffic collisions, the traffic division watch commander shall ensure a traffic collision investigation unit or MCIT (Department Manual Section 4/412) responds and a TCR is taken, if required. Additionally, the traffic division watch commander or the MCIT supervisor shall notify the DFSC, as soon as practical, via an e-mail to [email protected], with the following information:       Involved employees' names, serial numbers and division of assignment; Incident or Division of Records number; Date, time and location of the traffic collision; Shop number; Brief description of the traffic collision, including type of injuries; and, Person completing the notification. The collision investigation follow-up unit of the traffic division investigating an employeeinvolved traffic collision shall:    Forward two copies of the employee-involved TCR, which has been audited and approved for distribution to Traffic Coordination Section, Emergency Operations Division, within 30 business days of the incident; Forward a copy of the employee-involved TCR, which has been approved for distribution to the involved employee's commanding officer within 30 business days of the incident; and, Forward all original reports to Records and Identification Division. 206.60 DIRECT REFERRAL TO BEHAVIORAL SCIENCE SERVICES FOR ANY DEPARTMENT EMPLOYEE INVOLVED INA TRAFFIC COLLISION INA CITY VEHICLE RESULTING IN DEATH OR SUBSTANTIAL POSSIBILITY OF DEATH. Note: Nothing in this section prevents a commanding officer from referring an employee to Behavioral Science Services (BSS) as governed by Manual Section 3/799. The commanding officer of a Department employee (driver or passenger) involved in a traffic collision in a City vehicle resulting in death or substantial possibility of death shall:     Immediately remove the employee from field duties; Notify BSS within two administrative working days of the incident; Schedule an appointment for the employee(s) with BSS for a psychological evaluation by a licensed mental health professional as soon as possible to assess if the individual's reactions and coping to this incident are within normal limits; Notify the involved employee of the appointment and discuss the process that will occur; and, Note: An employee's attendance at a BSS session resulting from a direct referral is mandatory and shall be conducted on an on-duty basis.  Consult with BSS after the involved employee's mandated appointment to obtain their feedback regarding whether or not to return the employee(s) to field duty. Other than the feedback of BSS, matters discussed during the BSS evaluation shall be strictly confidential. Note: Employees directed to BSS shall be noted in the Deployment Planning System as assigned to "Non-Field Certified" to formally track/audit the employee's assigned duties from the date of the incident; until returned to normal field duties. Return to Field Duty. Prior to returning an employee to field duty, approval is required from the Chief of Police. After obtaining feedback from BSS regarding whether or not to return an involved employee to field duty (if applicable), the involved employee's commanding officer shall:      Meet with the employee(s) and discuss the "return to field duty" process; Meet the employee(s) to assess the employee's readiness and suitability to return to field duty; Obtain concurrence from the bureau commanding officer, who will then obtain approval from the assistant chief within their chain of command and the Chief of Police regarding the involved employee's readiness to return to field duty; Notify the involved employee(s) of the determination to return or not return the employee to field duty status; Complete an Intradepartmental Correspondence, Form 15.02.00, to the Department Traffic Coordinator containing the following information: o Date of Incident; o Date of BSS visit; o Date of commanding officer 's consultation with BSS; o BSS feedback regarding the employee's readiness to return to field duty; o Commanding officer recommendation. o Date of approval for return to field duty; o Date of employee's return; and, o Employee's assignment prior to being returned to duty.  Continue to assess and monitor the involved employee(s) upon their return to field duty to ensure the welfare of the involved employee considering liability factors, work products, subsequent interviews, and complaint or work history; and, Note: If the involved employee has not returned to field duty within 30 calendar days of the incident due to non-approval by the Chief of Police, an additional Intradepartmental Correspondence shall be submitted and every 30 days thereafter indicating specific assignment(s) of the involved employee pending his/her return to field duty until approved for return to full duty.  Attach any duty restrictions to the return to field duty determination. Bureau Commanding Officer's Responsibilities. Upon notification by the involved employee's commanding officer of BSS feedback regarding the employee's readiness to return to field duty, the bureau commanding officer shall:   Discuss the involved employee's readiness and suitability to return to field duty with the involved employee's commanding officer and consider his/her recommendation for approval or disapproval; Consult with the assistant chief within the employee's chain of command and the Chief of Police or his/her designee, within seven days of the feedback from BSS regarding whether or not to return the employee to field duty; and, Note: It is the responsibility of the involved employee's bureau commanding officer to ensure concurrence is obtained from the Chief of Police or his/her designee through the bureau commanding officer's chain of command in a timely manner. This shall be accomplished telephonically, if necessary.  Advise the involved employee's commanding officer of the decision by the Chief of Police. 207. EMPLOYEE-INVOLVED TRAFFIC COLLISIONS – ADMINISTRATIVE REVIEW PROCESS. Department Traffic Coordinator's Responsibilities. The Commanding Officer (CO), Counter-Terrorism and Special Operations Bureau (CTSOB), is the Department Traffic Coordinator (DTC) and has the final review and adjudication authority of all employeeinvolved traffic collisions, except those adjudicated by the Executive Fleet Safety Committee (EFSC). The authority for the review and adjudication of minor traffic collisions is exercised through the CO, Emergency Operations Division (EOD). The DTC will:  Convene the EFSC for all traffic collisions involving "A" or "K" injuries, consumption of alcohol or drugs or which may result in a criminal filing, or traffic    collision(s) resulting in an employee accruing eight or more points or four preventable traffic collisions within 36 months; Adjudicate all traffic collisions involving an employee's gross negligence or reckless disregard for safety (action creates a high risk of death or serious bodily injury); Adjudicate all minor traffic collisions involving differing adjudications by the bureau and Area/division by completing the DTC section of the Fleet Safety Report (FSR). If the points assigned to the traffic collision differ from the employee's CO's recommendations, recalculate the accrued point totals and determine if any of the point remediation thresholds have been met and take appropriate action. If the DTC adjudication differs with the bureau recommendation, the DTC must consult with the concerned Office Director prior to making the final adjudication; and, Examine the employee's appeal documentation, make a recommendation, including a rationale, and forward to the Chief of Police for final adjudication. Emergency Operations Division's Responsibilities. The CO, EOD, will:          Provide staff support to the DTC; Maintain the Department's Fleet Safety database including all dates associated with the timelines listed in these procedures and retain files of all Traffic Collision Reports (TCRs); Upon notification of an employee-involved traffic collision, update and maintain the tracking system to properly document the completion of each step in the review process; Send a copy of the TCR to Training Division (TD) for all traffic collisions involving injuries (visible, "A" or "K") within 20 business days of receipt of the TCR for TD to coordinate the Traffic Collision Debrief; For minor traffic collisions, forward the FSR package for adjudication to the employee's bureau CO within 20 business days of receipt of the TCR; For all traffic collisions involving an employee's gross negligence or reckless disregard for safety (action creates a high risk of death or serious bodily injury), forward the FSR package within 20 business days to the DTC for adjudication; For all traffic collisions involving "A" or "K" injuries or traffic collisions that resulted from the consumption of alcohol or drugs or which results in a criminal filing, forward the FSR package within 20 business days to the DTC for the EFSC; For all traffic collisions resulting in an employee accruing eight or more points or four preventable traffic collisions within 36 months, forward the FSR package within 20 business days of receipt from the bureau to the DTC for the EFSC; Upon receipt of the final FSR package and related documents, review the adjudication to ensure compliance with Department guidelines, update the points in the Fleet Safety Database and on the involved employee's Training Evaluation and Management System (TEAMS) Report; Note: If the adjudication does not comply with Department guidelines, the package will be submitted to the DTC for final adjudication.       Notify the employee and the employee's CO of the classification recommendation by the EFSC, or if the DTC changes the adjudication in any way (i.e., preventable or non-preventable, collision level or corrective action) within 20 business days of the decision; Where the DTC has, as a result of a Preventable Traffic Collision appeal, changed the point value or the determination of a "preventable" traffic collision, update the employee's TEAMS Report and advise the employee and the employee's CO, via an Intradepartmental Correspondence, Form 15.02.00, within 20 business days of the DTC decision; Initiate a complaint investigation within ten business days of final adjudication for all preventable Level Four Collisions or for each employee wherein the final adjudication includes a personnel complaint; Receive all written appeals and forward them to the DTC; Compile a monthly report on all overdue FSRs and provide it to all Area/division/bureau COs of involved employees; and, Provide additional information regarding employee-involved traffic collisions to Legal Affairs Division and the Department Risk Manager, as needed. Administrative Review of Minor Traffic Collisions Not Resulting in Severe or Fatal Injuries. The DFSC will compile the FSR package, which consists of the FSR, a point history, a collision history, and a copy of the completed Traffic Collision Report, CHP Form 555. For minor traffic collisions except those involving "A" or "K" injuries, or traffic collisions that resulted from an employee's gross negligence or reckless disregard for safety, consumption of alcohol or drugs or which may result in a criminal filing, the DFSC will forward the package to the involved employee's bureau CO (or to the Chief of Staff for collisions involving Direct Reports) within 20 business days. The bureau CO must forward the FSR package to the employee's CO within ten business days. The employee's CO will complete the adjudication, advise the employee of the recommended adjudication, and submit the package to the bureau within 45 business days. The bureau must forward the FSR package to the DFSC for final review within 20 business days of receipt from the Area/division. If the traffic collision involves a Direct Report, the adjudication will be handled by the Chief of Staff. The bureau/Areal/division COs must comply with the FSR completion guidelines. If the employee's CO determines a Complaint, Form 01.28.00, should be generated, the CO should initiate the complaint prior to submitting the FSR to the bureau for review. The statute date for the personnel complaint, as it pertains to the traffic collision, shall be one year from the date the collision occurred, or one year from the date of the discovery of the collision. If the traffic collision meets the criteria for submission to the EFSC, no complaint will be generated by the employee's CO and the necessity for a complaint will be determined by the EFSC. The statute date will remain as one year from the date of the collision, or one year from the date of the discovery of the collision. For both scenarios, the statute date for misconduct other than collision factor, will be one year from the date the misconduct was discovered by a supervisor. Note: Adjudications of employee-involved traffic collisions must be conducted by command staff of at least one civil service rank above the concerned employee and within their chain of command. Administrative Review of Traffic Collisions Involving Employee's Gross Negligence or Reckless Disregard for Safety. For traffic collisions involving an employee's gross negligence or reckless disregard for safety when such action creates a high risk of death or serious bodily injury, the DFSC will forward the FSR package to the DTC within 20 business days of receipt. Administrative Review of Traffic Collisions Resulting in Severe or Fatal Injuries/Reviewed by the Executive Fleet Safety Committee. For traffic collisions involving "A" or "K" injuries, consumption of alcohol or drugs or which may result in a criminal filing; or traffic collision(s) resulting in an employee accruing eight or more points or four preventable traffic collisions within 36 months, the DFSC will compile the FSR package and forward it within 20 business days to the DTC. The DTC will convene the EFSC within 60 business days of receipt of the FSR package from the DFSC. The Committee's recommendation will be submitted to the Chief of Police for final adjudication. 207.20 TRAINING DIVISION, RESPONSIBILITIES. Training Division will coordinate the Traffic Collision Debrief for all traffic collisions involving injuries (visible, "A" or "K"). When directed training is required, the Commanding Officer (CO), Training Division, must ensure the corresponding Division of Records (DR) number and the reason for the training (e.g., Traffic Collision Debrief, three points accrued within 24 months) is entered into the Training Evaluation and Management System for the involved employee. 207.30 EMPLOYEE-INVOLVED TRAFFIC COLLISION POINT SYSTEM CRITERIA. The criteria for the point system lies in the following four levels of preventable traffic collisions: Level One Collision.   Disregard for safety, not an issue; and, Complained of injuries or no injuries. Level Two Collision.   Disregard for safety, not an issue; and, Traffic collisions with visible injuries not amounting to "A" or "K." Level Three Collision. A Level Three Collision involves any of the following:     Unauthorized Code Three; Unsafe speed for conditions; Failure to yield/stop; and/or, Other unsafe driving. Level Four Collision. Preventable Level Four Collisions will result in a personnel complaint, directed driver training, and other action deemed appropriate by the Executive Fleet Safety Committee (EFSC) or Department Traffic Coordinator (DTC). A Level Four Collision involves any of the following:  Traffic collisions with "A" or "K" injuries or that result from the consumption of alcohol or drugs, or which result in a criminal filing against the employee; or, Note: Level Four Collisions (preventable and non-preventable) with "A" or "K" injuries or which result from the consumption of alcohol or drugs, or which result in a criminal filing against the employee will be reviewed by the EFSC and recommendation(s) submitted to the Chief of Police for final adjudication.  Traffic collisions involving an employee's gross negligence or reckless disregard for safety (action creates a high risk of death or serious bodily injury). Note: All traffic collisions involving the employee's gross negligence or reckless disregard for safety will be adjudicated by the DTC. Point Count Criteria and Guidance and Remediation Thresholds. A preventable traffic collision that meets the criteria of any of the four levels must be assigned a number of points according to the schedule below. Points accrue for each traffic collision on the date of the collision and remain countable for 36 months from the date of the collision. After 36 months, the point or points are no longer countable toward the total. Non-Preventable Collisions: Level One Collision: Level Two Collision: Level Three Collision: Level Four Collision: 0 points 1 point 2 points 3 points 4 points When three points are accrued in 24 months, the CO must direct the employee to a formal standardized driver improvement training course conducted by Training Division (Directed Driver Training) and take any additional action deemed appropriate. This training does not reduce the point count. When an employee accrues five to seven points in 36 months, the CO must prohibit the employee from driving a City vehicle for six months (Driving Restriction) and take any additional action deemed appropriate, which may include, but is not limited to, formalized driver training, a loan to a Traffic Division, a written safe driving course, or an appearance at roll calls to explain occurrence. Note: If an employee with a six-month driving restriction is promoted or transferred to a position which requires driving, the decision to rescind the driving restriction will be made by the DTC. If the driving restriction remains, then the employee's probationary period must be extended for the remaining period of the driving restriction. When an employee accrues eight or more points or four preventable traffic collisions within 36 months, the DFSC will forward within 20 business days the Fleet Safety Report (FSR) package to the DTC. The DTC will convene the EFSC for appropriate action, which may include the administrative transfer of the concerned employee after the final adjudication of the latest preventable traffic collision appeal. The employee will be transferred to another geographic division and will not be permitted to drive a City vehicle or return to the prior division for one year. The current administrative transfer process will be applied and the employee may submit three choices for a transfer location. The new division of assignment will be determined by the Department, and the employee may or may not be transferred to a division of their choice. The Chief of Police retains the final authority to approve or disapprove administrative transfers pursuant to this policy. Point Count Reduction. If an employee attends formal driver improvement training of at least four hours in length conducted by a bona fide traffic school on a voluntary, off-duty basis without compensation, the Department will remove one point from the employee's point count. The voluntary training is acquired by the employee for the employee's own benefit. This may be done no more than once in any 24-month period. The employee must forward a copy of the certificate of completion to the DFSC to be filed with the FSR Package. 207.50 APPEAL OF PREVENTABLE TRAFFIC COLLISION FINDING OR INCIDENT POINT VALUE. Whether an employee does or does not respond orally or in writing to the commanding officer (CO) or Department Traffic Coordinator's (DTC) determination or to the Executive Fleet Safety Committee (EFSC), if the employee wishes to appeal the CO or DTC's findings or EFSC's recommendations, the employee will have only one appeal per incident as follows:    Within 30 business days of receiving the CO or DTC's findings or the EFSC recommendations, the employee must submit a written appeal on an Employee's Report, Form 15.07.00, to the Department Fleet Safety Coordinator (DFSC); The appeal must be forwarded to the DFSC with a copy of the Traffic Collision Report, the CO or DTC's findings or EFSC's recommendations, a statement of the disposition the employee wants, and the reasons the employee believes the requested disposition should ensue; and, The employee may submit other documents or evidence relevant to the appeal with the Employee's Report. The appeal shall only concern the point-value assigned to the collision and/or the finding of "preventable." The employee may request additional discovery items through their chain of command which will be provided in allowance by using the same guidelines used in a Board of Rights. A request will be forwarded to the DTC for approval. The employee will only be entitled to copies and materials used to substantiate the decision as to the matter being appealed. Previous preventable traffic collisions which were not appealed in a timely manner or which have already been otherwise adjudicated will not be the subject of this preventable traffic collision appeal. Exception: If an employee accrues eight or more points or four preventable traffic collisions within 36 months and is going to be administratively transferred, the employee may contest the finding of "preventable" on the current traffic collision and the point-count value of any of the counted traffic collisions. If as a result of the Preventable Traffic Collision Appeal, it is determined that the total number of points does not exceed the 8 point count, the employee shall have the right of first refusal to be immediately transferred back to the division from which he/she was administratively transferred subject to the approval of the Chief of Police (COP). Employees will be entitled to an employee representative to assist in formulating a written appeal in accordance with the provisions of the applicable Memorandum of Understanding. The DFSC will forward the appeal documentation to the DTC. If the employee and their representative elect to, they may do an in-person appeal to the EFSC. This request should be submitted with their written appeal and the DTC will schedule the employee for an in-person appeal before the EFSC. The EFSC will either uphold or reject the initial finding of "preventable." The DTC will review the employee's written appeal, and findings of the EFSC if applicable, and make a recommendation to the COP within 30 business days. The COP will render a written decision, including rationale, within 30 business days. The written decision and rationale by the COP will be sent to the CO, Emergency Operations Division, to distribute to the employee, the employee's CO and the DFSC. The decision of the COP is final and binding. If no written appeal as described in this policy is filed by the employee within 30 business days of receiving the CO or DTC's findings or the EFSC recommendations, the matter is closed and final. All timelines in this Order, not covered by law, statute, or charter, may be extended when due to articulable, exigent circumstances, with the approval of the DTC. Exigent circumstances include, but are not limited to, analysis of evidence, employee injury, and/or criminal prosecution. 208. MOTORIZED POLICE ESCORTS. 208.10 REQUESTING MOTORIZED ESCORTS. All requests for Department personnel and equipment for escort service shall be referred to the Commanding Officer, Emergency Operations Division. When the office of the Commanding Officer, Emergency Operations Division, is closed, requests for motorized escorts shall be referred to the Commanding Officer, Detective Support and Vice Division. A request for escort service shall not be granted except with the permission of the Commanding Officer, Emergency Operations Division, or a delegated authority, subject to approval of the Chief of Police. 208.20 AUTHORIZING MOTORIZED ESCORTS. Motorized police escorts may be granted under the following circumstances:  For the personal safety of individuals or groups, such as the President, the Vice President, and Cabinet members of the United States, or ambassadors of foreign nations when their safety can be assured in no other manner and the protection is requested by an official government agency;  For the personal safety of individuals or groups about whom revolve controversial issues of such significance that the threat of violence or disorder is imminent;  For a private or public event, such as a street parade, officially approved, when circumstances threaten public safety or indicate a serious disruption of normal traffic flow; and,  At the discretion of the Commanding Officer, Emergency Operations Division, when safety of the public, an individual, or a group is of concern to the Department. Normally, requests for escorts shall not be granted to any person for the purpose of expediting his/her journey or to provide publicity or personal convenience. Police escorts operating under emergency conditions shall confine their activities to those emergencies within the meaning of the California Vehicle Code. 209. PULL NOTICE PROGRAM. All employees who have commercial driver's licenses (defined as Class A or Class B driver's licenses, or Class C driver's licenses with a commercial endorsement as defined in Section 1808.1 of the California Vehicle Code) and who have been proficiency tested by the Emergency Vehicle Operation Course (EVOC) Unit, Training Division, to operate Department vehicles or equipment that require these classes of licenses shall be registered in the Pull Notice Program. Note: Only Department employees who have commercial driver's licenses and have been proficiency tested by the EVOC Unit may operate Department vehicles or equipment for which commercial driver’s licenses are required. Employees with commercial driver’s licenses who have not been proficiency tested by the EVOC Unit are prohibited from operating such Department vehicles and equipment. Employee’s - Responsibility. Employees with commercial driver's licenses who have been proficiency tested by the EVOC Unit to operate Department vehicles or equipment that require a commercial driver’s license shall notify their commanding officer when they obtain the license and whenever their commercial driver's license changes classification. Commanding Officer’s - Responsibility. Commanding officers shall ensure that:  All personnel in their commands who operate vehicles or equipment requiring a commercial driver's license are properly licensed and proficiency tested by the EVOC Unit prior to operating the vehicles or equipment; Note: Commanding officers may request Department proficiency testing of employees for commercial driver’s licenses by forwarding an Intradepartmental Correspondence, Form 15.02.00, to the Commanding Officer, Training Division.    A request to register employees in the Pull Notice Program is forwarded to Traffic Coordination Section whenever employees obtain commercial driver's licenses and the employees: Are proficiency tested by the EVOC Unit, Training Division; Will be operating Department vehicles or equipment for which a commercial driver’s license is required; Note: A copy of the request shall be forwarded to the EVOC Unit, Training Division.   Appropriate certification records for employees operating commercial vehicles or equipment are on file in the employees' Area/division of assignment; and, Traffic Coordination Section and the EVOC Unit are notified whenever an employee with a commercial driver's license reports a change in driver's license classification or is transferred to another command. Note: Commercial driver’s license certification records shall be forwarded to the new command when an employee transfers. Traffic Coordination Section - Responsibility. Traffic Coordination Section shall be responsible for the following duties:  Coordinating and administering the Department's Pull Notice Program;  Maintaining Pull Notice Program records;  Making additions to and deletions from the Pull Notice Program as required;  Reviewing all pull notices received from the Department of Motor Vehicles;  Forwarding pull notices that indicate action taken against an employee's driver's license to the employee's commanding officer; and, Note: A copy of the pull notices shall also be forwarded to the EVOC Unit, Training Division.  Updating Department Pull Notice Program records when pull notices are returned by commanding officers after appropriate action has been taken. Training Division - Responsibility. Training Division shall be responsible for the following duties:  Conducting driver proficiency testing and certification for every sworn and civilian Department employee who operates vehicles or equipment that require a commercial driver's license;  Conducting periodic on-site inspections of commercial driver certification records to ensure that records are being properly maintained at Areas/divisions; and,  Ensuring that Training Management System records are updated to include commercial driver's license information for each employee at the time the license is issued or whenever notification is received that the status of a license has changed. Officers in Special Assignments. Commanding officers of employees with Departmentcertified commercial driver's licenses who are transferred into special assignments which require having employee records removed from Department files shall ensure that the employees are also removed from the Pull Notice Program. This can be accomplished by adding Pull Notice Program records to the Personnel Division copy of the hand-delivered Form 15.02.00 which removes other records. Commanding officers of employees in special assignments shall ensure that the employees who have Department-certified commercial driver's licenses are re-registered in the Pull Notice Program upon their transfer from the special assignment by submitting an Intradepartmental Correspondence, Form 15.02.00, to the Officer in Charge, Traffic Coordination Section. 209.10 INVESTIGATING REPORTS OF DMV ACTION AGAINST EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES. Upon receiving a pull notice from Traffic Coordination Section, commanding officers shall:  Ensure that the affected employee takes the appropriate action to clear his or her driving record, as necessary;  After the employee takes the appropriate action, cause a statement to be made on the notice that the matter has been corrected (or that no action was appropriate), have the commanding officer's signature block placed on the notice, sign the notice, and return it to Traffic Coordination Section. All DMV, court, or other documentation relating to clearance of the pull notice shall be forwarded with the notice as attachments; and, Note: A copy of completed pull notices shall also be forwarded to the EVOC Unit, Training Division.  Where the information in the pull notice could be construed as misconduct, ensure that the appropriate investigation is conducted. 209.20 NOTIFICATION OF AN EMPLOYEE’S LICENSE RESTRICTION. All Department employees who are required to possess a valid California driver’s license as a condition of their employment shall immediately notify their commanding officer whenever their driver’s license is or is about to be revoked, suspended, restricted or limited in any way. This notification may be made directly to the commanding officer through an employee’s supervisor. The employee shall provide the supervisor or commanding officer with a copy of any related paperwork. Failure to make this notification in a timely manner is considered misconduct. An employee shall notify the commanding officer when his/her license is reinstated. Note: This includes all sworn employees and some non-sworn employees regardless of their current assignment. Civilian Personnel Services Section, Personnel Division, can assist in determining which non-sworn classifications require a valid driver’s license. Supervisor Responsibility. Upon being notified that an employee’s driver’s license has been revoked, suspended, restricted, or limited, a supervisor shall evaluate the circumstances and, if appropriate, immediately modify the employee’s assignment to ensure the employee does not violate the restriction(s). The supervisor shall document the incident on an Employee Comment Sheet, Form 01.77.00, and forward the form, along with any paperwork, to the employee’s commanding officer. Commanding Officer Responsibility. Upon being notified of any DMV action against an employee’s driver’s license, the commanding officer shall ensure that the employee’s assignment is modified to comply with the restrictions. The commanding officer shall consult with the Commanding Officer, Internal Affairs Group and his/her bureau commanding officer or equivalents. In cases where administrative discipline is appropriate, the commanding officer shall cause an investigation to be initiated. Upon return of a valid license, the commanding officer shall evaluate the employee’s assignment and may allow the employee to reintegrate into an assignment requiring the operation of a Department vehicle. Bureau Commanding Officer. Bureau commanding officers shall ensure that an investigation is conducted and appropriate action is taken with respect to any restrictions to an employee’s driver’s license. 210. SUBPOENAS. The duties of investigating officers in connection with the handling of subpoenas are listed in Manual Section 4/745. The duties of other employees in connection with the handling of subpoenas are established by this section. 210.02 DEPARTMENT ELECTRONIC MAIL DISTRIBUTION AND SERVICE OF SUBPOENAS. The Los Angeles Office of the City Attorney (CA) and the Los Angeles County District Attorney’s Office (DA) will electronically forward all subpoenas to the Electronic Subpoena System. The subpoenas will then be automatically forwarded to the subpoenaed employee served via electronic mail (e-mail). When an employee opens an email containing an electronic subpoena, this constitutes acknowledgment of service and receipt of the subpoena. Electronic subpoenas convey the same responsibilities as a personally served (paper) subpoena. Note: During the initial phase of implementation of the Electronic Subpoena System the electronic subpoena sent via e-mail will contain a “link” directing the subpoenaed employee to “click” the link in order to acknowledge receipt of the electronic subpoena. Upon receiving an electronic subpoena, employees shall acknowledge receipt of the electronic subpoena by clicking the appropriate link. The Electronic Subpoena System will d