San Antonio Police Department General Manual PDF

GENERAL MANUAL Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; 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...

GENERAL MANUAL Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; 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 persons to liberty, equality, and justice. I will keep my private life unsullied as an example to all; 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 in both my personal and official life, I will be exemplary in obeying the laws of the land 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, 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 the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement. WILLIAM P. MCMANUS CHIEF OF POLICE General Manual Procedures – Section 100 Preface Effective Date: October 05, 2015 Mission The San Antonio Police Department is dedicated to improving the quality of life by creating a safe environment in partnership with the people we serve. We act with integrity to reduce fear and crime while treating all with respect, compassion, and fairness. WILLIAM P. MCMANUS CHIEF OF POLICE General Manual Procedures – Section 100 Preface Effective Date: October 05, 2015 Vision To be the premier law enforcement agency by building trust, creating partnerships, and sharing leadership within SAPD and the community for a safer San Antonio. WILLIAM P. MCMANUS CHIEF OF POLICE General Manual Procedures – Section 100 Preface Effective Date: October 05, 2015 Guiding Principles INTEGRITY WE HAVE INTEGRITY. We hold ourselves accountable and demand the highest level of ethical and moral standards from all. We are role models, acting with courage and building trust within the organization and the community. RESPECT WE ARE RESPECTFUL. Mutual respect is the foundation for every interaction. We value diversity and encourage open communication by treating everyone with dignity and fairness. COMPASSION WE ARE COMPASSIONATE. Compassion guides our actions as we care for one another. We treat people with kindness and respect while working for the benefit of all. FAIRNESS WE ARE FAIR. We are committed to consistently treating people in a courteous and impartial manner. WILLIAM P. MCMANUS CHIEF OF POLICE General Manual Procedures – Section 100 Preface Effective Date: October 05, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations Office with Primary Responsibility: Office(s) with Secondary Responsibilities: Forms Referenced in Procedure: Effective Date: Prior Revision Date: COP COB, CSB Number of Pages: None Related Procedures: July 24, 2015 February 15, 2012 16 ALL SECTION 1.00 INTRODUCTION 1.01 PURPOSE: The Rules and Regulations officially adopted and set forth in this manual are for the guidance, regulation, and control of the conduct of all members of the Police Department of the City of San Antonio, Texas. These rules are designed to promote efficiency, discipline, and good public relations by setting forth policies governing the conduct and demeanor of every member of the police department, both on- and off-duty. 1.02 AUTHORITY: A. CITY CHARTER: Pursuant to Article V of the Charter of the City of San Antonio Chief of the Police Department, the director, shall have supervision and control over the Police Department, subject to approval by the City Manager. B. COLLECTIVE BARGAINING AGREEMENT: Pursuant to Article VII of the Collective Bargaining Agreement between the City of San Antonio and the San Antonio Police Officers' Association, the Chief of Police shall have the exclusive right to establish, rescind, or modify departmental rules and regulations while such contract is in effect, subject to review by the City Manager. Changes will be made through departmental orders issued by the Chief of Police and reviewed by the Fire and Police Civil Service Commission and the City Manager. C. LOCAL GOVERNMENT CODE: Pursuant to Chapter 143 of the Local Government Code, as amended, the Chief of the San Antonio Police Department shall have the power to take disciplinary action or suspend indefinitely an officer under his supervision for violation of either Chapter 143 of the Local Government Code, the Civil Service Rules of the City of San Antonio, or of these rules and regulations. In addition, the Chief of Police shall be empowered to take disciplinary action or suspend indefinitely any other police employee for violation of these rules and regulations. 1.03 SCOPE: These rules and regulations govern the conduct, responsibilities, duties, assignments of, and the use of equipment by all members of the department. These rules and regulations may further cover such other matters as the Chief of Police may deem necessary or expedient for the proper conduct of the work of the department, and additionally incorporate departmental orders, directives, and procedures. These rules and regulations become effective on the date of issuance and rescind the Rules and Regulations of the San Antonio Police Department issued on September 25, 1984 and became effective on November 1, 1984. 1.04 ACKNOWLEDGMENT: A. EFFECTIVE DATE: The Rules and Regulations of the San Antonio Police Department, which are incorporated in the General Manual, apply to all employees, both sworn and non-sworn, and have the effect of an order. These rules and regulations, as revised and adopted on July 20, 2015, became effective on August 20, 2015. General Manual Procedures – Section 200 Rules and Regulations Page 1 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations B. RECEIPT OF ISSUANCE: All sworn and non-sworn members of this department will be issued a copy of the Rules and Regulations and are required to acknowledge its receipt. A signed receipt acknowledging acceptance of the rules and regulations shall be deemed sufficient notice of the existence and effect of the Rules and Regulations of the San Antonio Police Department. Any recommendations for revision should be directed to the Office of the Chief of Police. 1.05 SUPERVISORY ACKNOWLEDGMENT: Each supervisory officer is required to acknowledge his personal responsibility for enforcing the provisions of these rules and regulations, departmental orders, and procedures of this department. 1.06 DEFINITIONS OF TERMS: A. "ASSIGNMENT" means the job tasks of a member, which may include a specific beat, post, or geographical responsibility. B. "CHAIN-OF-COMMAND" means the unbroken line of authority extending from the Chief of Police through a single subordinate at each level of command down to the level of execution. C. "DEPARTMENT" refers to the San Antonio Police Department, the members of the organization, and the physical assets of the entity. D. "DEPARTMENTAL ORDERS" means orders issued for the purpose of instruction, clarification of policy, and establishment of procedure or rules in the form of general orders, special orders, chief's memorandum, personnel orders, training bulletins, division orders, and Administrative Directives. E. "DIRECTIVES" may be used synonymously with departmental orders. F. "GENDER" use of the masculine gender shall also include, where applicable, the female gender. G. "IMMEDIATELY" means as soon as possible and feasible. H. "INTOXICANT" means any alcoholic beverage or controlled substance, which, when introduced into the body, may cause an impairment of any mental or physical capacity. I. "INTOXICATION" means any level of mental or physical incapacitation resulting from the voluntary introduction of any alcoholic beverage or controlled substance into the body. J. "MAY" means the action is permissive. K. "MEMBERS" mean all employees of the San Antonio Police Department. L. "MUST" means the action is mandatory. M. "PROCEDURES" means a comprehensive, instructional, written communication providing direction in the accomplishment of a police related task. N. “SEXUAL CONDUCT” means, but is not limited to, deviant sexual intercourse, sexual contact, sexual intercourse, public lewdness and indecent exposure as defined by Texas Penal Code 21.01 (1) (2) (3), 21.07 (a) (1) (2) (3) (4), and 21.08 (a). O. “SIGNIFICANT BEHAVIORAL INFRACTION” means a conduct that an ordinary and prudent person would not engage in, given the same set of facts and circumstances and that by its very nature would bring reproach and/or discredit to the San Antonio Police Department, regardless of the legality of such conduct. General Manual Procedures – Section 200 Rules and Regulations Page 2 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations P. "SHALL" means the action is mandatory. Q. "SHOULD" means the action is advisory. Where used, "should" indicates the procedure is not mandatory. However, it ought to be followed if the situation permits. R. "SUBORDINATE" means any member who is subject to the authority of another. S. "SUPERVISORY OFFICERS" mean sworn personnel of this department who have attained the rank of sergeant or above. T. "TOUR OF DUTY" means that period of time beginning when the member reports for duty and ending when he is relieved from duty by either the dispatcher or a supervisory officer. U. "WILL" means the action is mandatory. 1.07 THE MEANING AND INTENT OF OTHER WORDS OR PHRASES: Words or phrases not specifically defined in these rules and regulations shall be interpreted to have the meaning and intent established in the common usage. SECTION 2.00 ADMINISTRATION 2.01 COMMAND/SUPERVISORY RESPONSIBILITIES: A. MAINTAIN BOOKS AND RECORDS: Supervisory officers shall maintain all books, records, and reports under the supervisory officer's authority in conformity with the rules, regulations, and procedures of the department. B. ENFORCE RULES: Supervisory officers shall be uniform and impartial in the enforcement of these rules and procedures; the insurance of conformity on the part of command officers to all orders, directives, and other instructions issued to the members of the department. C. KEEP INFORMED OF ACTIVITY UNDER COMMAND: Supervisory officers shall keep informed of all activity which affects their responsibility within the supervision; frequently testing the knowledge of subordinates as to conditions in their beats and posts or as to functions of their assignments. D. DOCUMENT BRIEFINGS AND INSPECTIONS: Supervisory officers shall document all inspections and briefings of personnel. E. COORDINATE ACTIVITIES WITH OTHER UNITS: Command officers shall keep advised of the operations of other divisions of the department, and coordinates the activities of their command with other divisions and sections of the department. F. HAVE UPDATED EMPLOYEE LOCATOR LIST: Supervisory officers shall have at their residence the current employee locator list, properly corrected to date. Supervisory officers receiving locator lists must frequently review them and check all changes with the personnel involved. 2.02 CHAIN-OF-COMMAND: All officers shall familiarize themselves with the command structure of the department and operate within it. 2.03 DIRECTIVE SYSTEM: All departmental personnel shall familiarize themselves with the formal means of communications within the department. General Manual Procedures – Section 200 Rules and Regulations Page 3 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations SECTION 3.00 INDIVIDUAL RESPONSIBILITIES 3.01 ABIDE BY LAWS AND DEPARTMENTAL ORDERS: A. LAWS, ORDERS, RULES, REGULATIONS, AND PROCEDURES: Members shall abide by the laws of the United States and the State of Texas, ordinances of the City of San Antonio, and the departmental orders, rules, regulations, and procedures of the San Antonio Police Department. 3.02 TRUTHFULNESS OF MEMBERS: Members shall speak the truth at all times. Reports and written communications from any member shall also reflect the truth. 3.03 OBEY LAWFUL ORDERS: Members shall promptly and willingly obey all lawful orders and directions given by supervisory officers and shall comply with instructions given by the police dispatcher. A. INSUBORDINATION: Defying the authority of any supervisory officer by obvious disrespect, disputing orders, failure and/or deliberate refusal to obey any lawful order given by them shall be deemed insubordination. B. MANNER OF ISSUING ORDERS: Orders from a supervisor to a subordinate shall be in clear, understandable language, civil in tone, and issued in pursuit of departmental business. C. UNLAWFUL ORDERS PROHIBITED: No commanding or supervisory officer shall knowingly or willfully issue any order which is a violation of any law, ordinance, or departmental rule. D. CRITICISM OF LAWFUL ORDERS: Members shall not publicly criticize or comment derogatorily to anyone about instructions or orders they have received from a supervisory officer. E. CONFLICT OF ORDERS: Should any subordinate receive an order which conflicts with a previous order from another supervisory officer or with any general order, they shall respectfully call attention to the conflict. If the supervisory officer giving the conflicting order does not change the same, so as to eliminate the conflict, his order shall stand and the responsibility shall rest with the supervisor. F. OBEDIENCE TO UNLAWFUL ORDERS NOT REQUIRED: No member is required to obey an order which is contrary to the laws of the United States, statutes of the State of Texas, ordinances of the City of San Antonio, and orders, rules, regulations, and procedures of the San Antonio Police Department. G. OBEDIENCE TO UNJUST OR IMPROPER ORDERS: Members who are given orders they feel are unjust or contrary to departmental orders or the Rules and Regulations of the Department must first obey the order to the best of their ability and may then proceed to appeal as provided herein. H. REPORTING UNLAWFUL ORDERS: Any member who is given any unlawful, unjust, or improper order shall, at the first opportunity, report in writing to the Chief of Police, through the chain-of-command, the facts of the incident together with their own action. I. APPEALS FROM UNLAWFUL OR UNJUST ORDERS: Members shall appeal for relief from orders or instructions which are unlawful or unjust. Such appeals must be made in writing to higher authority through the chain-of-command. 3.04 RESPONSIBILITY TO SERVE THE PUBLIC: General Manual Procedures – Section 200 Rules and Regulations Page 4 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations Members shall serve the public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. A. IMPARTIAL ATTITUDE: Members, while being vigorous and unrelenting in the enforcement of the law, must maintain an impartial attitude toward complainants and violators. Members shall, at all times, consider it their responsibility to be of service to anyone who may be in danger or distress, regardless of race, color, creed, gender, or national origin. B. COURTESY: Members shall at all times be courteous, kind, patient, and respectful in dealing with the public, and shall strive to merit the esteem of all law abiding citizens by an impartial discharge of their official duties. C. CONDUCT AND BEHAVIOR: Members, on-or off-duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit on themselves or the department. D. DUTY TO IDENTIFY: All members of the department, when called upon to do so by any person, shall, in a courteous manner, give their name and badge number. E. POLICE ACTION WHEN NOT IN UNIFORM: An officer not in uniform, when exerting police authority, shall identify themselves as a police officer and state the purpose or reason for their actions. F. NEUTRALITY IN CIVIL ACTIONS: Members shall not give aid or assistance in civil cases, except to prevent a breach of the peace or halt a disturbance. G. MAINTENANCE OF COMPETENCY: Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. 3.05 PHYSICAL HYGIENE AND PSYCHOLOGICAL WELL-BEING: Members shall maintain themselves in good physical and mental condition. A. GOOD PHYSICAL HYGIENE: All members, by frequent bathing, shall exercise good bodily hygiene and cleanliness. B. MAINTENANCE OF PHYSICAL STANDARDS: All members, by regular exercise and moderate living, shall maintain themselves in such a physical condition as to be able to handle strenuous physical contacts or demands required of the active, uniformed law enforcement officer. C. CHEMICAL DEPENDENCE: No member shall become physically or mentally dependent upon alcohol or any controlled substance unless administered by a licensed physician. Dependence upon a prescribed drug is not an excuse for being unable to perform. D. CONTROLLED SUBSTANCES: Members shall neither possess, use, nor distribute any substances regulated by the Controlled Substances Act, except possession related to official police duties or unless such use or possession is under the direction of a licensed physician. E. EMOTIONAL AND PHYSICAL WELL-BEING: Members may be required to seek medical or psychological services upon the order of the Chief of Police. 3.06 RELATIONSHIPS WITH CO-WORKERS: Members shall conduct themselves in such a manner so as to bring about the greatest courtesy or understanding and cooperation among the various units of the Department. General Manual Procedures – Section 200 Rules and Regulations Page 5 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations A. MUTUAL RESPECT: Members shall treat other members of the Department with respect, affording them the response due to them as co-workers. B. COURTESY: Members shall be courteous, civil, and respectful to their supervisory officers and coworkers, and shall not use threatening or insulting language, whether on- or off-duty. C. RESPECT TO SUPERVISORY OFFICERS: Members shall exhibit respect for supervisory officers at all times. D. SUPPORTING FELLOW MEMBERS: Members shall cooperate, support, and assist each other at every opportunityand shall not publicly criticize the work or the manner of performance of duty of any other member. E. SUPPORT IN TIME OF DANGER: Members shall act together and protect one another in a time of danger or under circumstances where danger might reasonably be impending. F. WORKING RELATIONSHIPS: Members shall abstain from performing any acts or making any statements, oral or written, which are directed at their co-workers with the intent to destroy the morale, good order, and working relationships with such co-workers. 3.07 CRITICISM OF THE DEPARTMENT: Members of the department shall not criticize or ridicule the department, its policies, administrators, or public officials through speech, writings, or other forms of expression. A. DEFAMATORY: Members shall not use speech, writings, or other forms of expression that are defamatory, obscene, or unlawful. B. UNDERMINES EFFECTIVENESS OF DEPARTMENT: Members shall not use speech, writings, or others forms of expression that tend to interfere with or undermine the effectiveness of the Department to provide public services. C. INTERFERES WITH DISCIPLINE: Members shall not use speech, writings, or other forms of expression that tend to interfere with the maintenance of proper discipline. D. AFFECTS PUBLIC CONFIDENCE: Members shall not use speech, writings, or other forms of expression that tend to adversely affect the public's confidence in the integrity of the Department and/or its officers and employees. E. DAMAGES REPUTATION OF DEPARTMENT: Members shall not use speech, writings, or other forms of expression that damage or impair the reputation or efficiency of the Department. F. DISREGARDS THE TRUTH: Members shall not use speech, writings, or other forms of expression that are made with negligent disregard for the truth. 3.08 UNAUTHORIZED RELEASE OF INFORMATION: A. PROGRESS OF INVESTIGATION: No member of the department shall make known any information concerning the progress of an investigation or proposed action against a known or reported law violation or condition, or any proposed police action of any type, to persons not authorized to receive it. B. RELEASE OF PUBLIC STATEMENT: Members shall not present themselves as representing the Department in any matter unless delegated or authorized to do so by a supervisory officer. General Manual Procedures – Section 200 Rules and Regulations Page 6 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations C. PUBLIC ADDRESS OR WRITING FOR PUBLICATION: No member of the Department shall make a public address or write for publication concerning the affairs of the Department without the consent of the Chief of Police. D. STATEMENTS OF POLICY, ORGANIZATION, AND DISCIPLINARY ACTION: Statements of policy, information regarding changes in organization, or disciplinary action will be made from the Office of the Chief of Police, and no member of the Department, unless specifically authorized, will discuss such matters with others. E. RELATIONSHIP WITH ATTORNEY, BONDSMAN, OR AGENT: It is forbidden to give information about any prisoner in confinement to any attorney, bondsman, the agent of either, or any other person not authorized to receive it. F. RECOMMENDATION OF ATTORNEY OR AGENT: No member shall recommend to any person the name or names of any attorney, counselor, bondsman, or other person. 3.09 INFORMATION ON BULLETIN AND CITY EMAIL: A. Members are responsible for reading the department's Daily Bulletin at the beginning their tour of duty. Departmental personnel returning to duty after any absence shall read all directives published during their absence, prior to returning to duty. B. Members shall read their departmental email at the beginning of their tour of duty and are strongly encouraged to check their departmental email at the end of their tour of duty. 3.10 CURRENT ADDRESS AND TELEPHONE: All members shall report to their immediate supervisor and to the Administrative Services, on any change of address and/or telephone number within two working days. Members shall have a working telephone available to them. Members may rely on a mobile phone as a means of being contacted for departmental, standby and/or call-back purposes. 3.11 USE OF INTOXICANTS: A. DRINKING ON-DUTY: Members shall not drink intoxicating beverages while on-duty. No member shall report for duty exhibiting the odor of intoxicants, or any of the elements or appearance of intoxication. The exception shall be for a member to accomplish a specific police assignment or mission, when approved by a supervisor. B. INTOXICATION: Members shall not, at any time, be intoxicated while on-duty. Members shall not be intoxicated while in public view. No member, while off-duty, shall drink intoxicating beverages to an extent which renders them unfit to report for duty. C. ALCOHOLIC BEVERAGES ON OFFICIAL PREMISES: Intoxicants in any form will not be brought into any police facility, including city vehicles, except when approved by a supervisor; except when related to official police duties. D. CONSUMPTION OF ALCOHOLIC BEVERAGES IN UNIFORM: No officer shall drink intoxicants in uniform. 3.12 USE OF TOBACCO: Members shall refrain from the use of tobacco in any form while in direct contact with the public. General Manual Procedures – Section 200 Rules and Regulations Page 7 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations 3.13 VEHICLE OPERATOR'S LICENSE: Every officer is responsible for having in his possession a valid vehicle operator's license. 3.14 FINANCIAL OBLIGATION: No member in a supervisory position shall place themselves under financial obligation to a subordinate, nor shall a supervisor solicit a subordinate as a co-maker or endorser of any note or obligation. 3.15 GRATUITIES, LOANS, AND SOLICITATIONS: A. ACCEPTING GIFTS: Members shall not receive from prisoners, persons recently released from custody, persons suspected of criminal activity, nor their representatives, either directly or indirectly, any tangible or intangible property, whether it is a gift or the result of a purchase or trade. B. BORROWING: Members shall not borrow anything of value from any person or persons known or suspected to be engaged in criminal activity. C. SOLICITATIONS: Members will not solicit funds for the benefit of any member, the Department, or any other public or private agency without the written authority of the Chief of Police. 3.16 ACCEPTING REWARDS: Members of the Department shall not accept any reward of money, or fee, or compensation of any type for any service rendered in the performance of duty other than the salary or stipends given by the city or other branch of government. 3.17 OUTSIDE EMPLOYMENT: A. PERMISSION REQUIRED: Members of the Department shall not engage in any outside employment, nor own, operate, or have any financial interest in any business activity without the approval of the Chief of Police. B. OBEY LAWS: Officers engaged in performing police duties in outside employment, whether in uniform or civilian clothes, must enforce all laws as though on-duty for the San Antonio Police Department. C. SUBJECT TO RULES AND REGULATIONS: Officers engaged in outside employment shall conduct themselves as though they were on-duty and shall be subject to these rules and regulations. 3.18 CITY EQUIPMENT/PROPERTY: A. IMPROPER OR NEGLIGENT HANDLING: Improper or negligent handling of any city property or willful damage to city property is prohibited. B. LOSS THROUGH NEGLIGENCE: Officers losing their badges, firearms, or other city equipment through negligence or carelessness may be obligated to pay for the replacement cost or an amount determined by the degree of negligence on the part of the officer. Loss or damage to city property occurring while the member is acting properly in the line of duty, or in a burglary of their home, is not classified as negligence. Members should not leave removable city issued equipment in plain view in any vehicle. An officer may be found negligent if they leave city issued equipment in any vehicle and the property is stolen, as a result of a burglary of that vehicle. C. SAFE OPERATION OF VEHICLES: City vehicles will be operated in a safe manner and in compliance with all traffic laws. General Manual Procedures – Section 200 Rules and Regulations Page 8 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations D. INVENTORIED CITY PROPERTY: Inventoried city property, which includes city vehicles, shall not be used by any member of the department without the knowledge and permission of the person responsible for said equipment or vehicle. E. WASTE OR CONVERSION: Members shall not willfully waste or convert to their own use any city owned supplies, equipment, or services. F. REPORTING MALFUNCTION: Members shall immediately report any malfunction or need of repairs of any city property used by the member, or which may be under their control. G. ALTERING ACCESSORIES: Members shall not alter, deface, or in any way change any part or accessory of any city property. H. MAINTAINING NEAT, CLEAN, AND ORDERLY CONDITION: Members shall maintain offices and vehicles used by them in a neat, clean, and orderly condition. 3.19 UNAUTHORIZED EXPENDITURES: Obligation of funds or financial liability shall not be incurred in the name of the Department or the City of San Antonio by any member unless authorized by the Chief of Police pursuant to an approved ordinance. 3.20 NOTICE OF SICK LEAVE: Notice that a member is sick or injured and cannot report for duty will be made to their immediate supervisor. 3.21 FEIGNING ILLNESS OR INJURY: No member shall feign illness or injury. 3.22 ILLNESS WHILE ON-DUTY: When a member becomes sick while on-duty to the extent they must leave their duty station, they shall immediately notify their supervisor. 3.23 RESTRICTIONS ON ACTIVITIES WHILE SICK, INJURED, OR ON LIMITED-DUTY: A. REMAIN AT RESIDENCE: Members, while on sick or injured leave, shall remain at their place of residence unless it is necessary for them to go to a doctor, hospital, or pharmacy. If for medical reasons it should be necessary for a sick or injured member to stay at some location other than their residence, they must notify their supervisor who shall ensure the new temporary address is made a matter of record. B. NO EXTRA EMPLOYMENT: Members shall neither engage in outside employment nor work any city overtime while on sick or injured leave. Members, after having been out on sick or injured leave, must complete one regular tour of duty before engaging in any outside employment or working city overtime. The overtime restriction may be waived in an emergency. C. LIMITED OR LIGHT-DUTY STATUS: Members on limited-duty or light-duty status shall not engage in any off-duty employment or work any overtime for the city. The overtime restriction on limited-duty may be waived during an emergency. 3.24 NEGOTIATIONS ON BEHALF OF SUSPECT: A. PARTICIPATE IN ARRANGEMENT: Members shall not participate in any arrangement between the suspect and the person who has allegedly suffered by the suspect's act which would result in the criminal General Manual Procedures – Section 200 Rules and Regulations Page 9 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations escaping the penalty of the law, nor shall any member seek the continuance or dismissal of any case on behalf of the defendant in court for any reason. B. PROMISES: Members shall not make promises that cannot be fulfilled. 3.25 TRAFFIC STOPS WHILE NOT IN UNIFORM: A. OFF-DUTY: Off-duty officers, whether in uniform or not, shall not engage in traffic stops. In cases involving crashes or where probable cause exists for the offense of driving while intoxicated, off-duty officers should contact the dispatcher to request an on-duty officer to make the traffic stop or arrest traffic violators. B. ON-DUTY: On-duty officers, not in uniform, may make traffic stops only when their assignment requires such traffic stops and when such traffic stops are approved by their division commander in writing. In such cases, the vehicle used in making the traffic stop shall have an emergency light prominently displayed and a siren as required for emergency vehicles by the Texas Motor Vehicle Laws. C. REQUEST ASSISTANCE: On-duty officers, not in uniform, other than that situation outlined in paragraph B, shall not make traffic stops. If there is a need to stop a traffic violator, the non-uniformed officer shall request a uniformed officer in a marked vehicle to make the traffic stop. 3.26 TREATMENT OF PRISONERS: Prisoners shall be protected in their legal rights, given humane treatment, and shall not be subjected to verbal abuse or unnecessary physical violence. 3.27 GIVING INFORMATION IN INTERNAL INVESTIGATIONS: A. DUTY TO GIVE INFORMATION: A member shall, when requested, answer questions, render statements, or surrender material relevant to a Professional Standards Section investigation. B. GARRITY WARNING: Any member who is the subject of a Professional Standards Section investigation gives a written report; provided they are advised: 1. The report is for departmental purposes only; 2. The report will not be used against them in any subsequent criminal investigation or prosecution; and 3. Should they fail to give a written report, a lawful order to do so will be given, and failure to follow such an order will result in disciplinary action. 3.28 RESPONSIBILITY TO KNOW LAWS AND PROCEDURES: A. LAWS AND ORDINANCES: Members shall learn and thoroughly understand the laws and ordinances which they are charged with enforcing. B. WRITTEN DIRECTIVES: Members shall familiarize themselves with all written directives which are published by the department and which affect their assignment. C. PENALTY FOR VIOLATIONS: Violation of any lawfully adopted departmental rule or regulation by any department employee who is subject to the same, shall be sufficient cause for suspension or termination in accordance with applicable law and Fire and Police Civil Service Commission procedure, whether the rule or regulation is part of the originally promulgated rules and regulations, or is contained in a subsequent general or special order, directive, or other amendment to the rules. General Manual Procedures – Section 200 Rules and Regulations Page 10 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations D. LACK OF KNOWLEDGE: Lack of knowledge of such rules or regulations shall never be a defense to any disciplinary action, if said rules or regulations have been disseminated or posted as set forth in the regulations and if the employee has had a reasonable opportunity to become familiar with the rules and regulations. 3.29 SOLICITING SPECIAL PRIVILEGES: A. FOR PERSONAL GAIN: Members shall not use their official position to solicit special privileges for themselves or others. B. SOLICITING CITIZENS' PETITION: Members shall not request the aid of any citizen to have them transferred within the department from one classification of work to another, nor to have them transferred from one beat or district of the city to another. 3.30 CONSORTING WITH PERSONS OF ILL-REPUTE: A. Members shall limit their personal and professional associations to persons of good character and whose reputations are beyond reproach. B. Members shall not associate with known or suspected criminals where said associations do or tend to bring the department and/or the member into disrepute. Generally, familial associations are not prohibited by this rule. However, where an association is with a family member who still engages in criminal activity, or where the association does or tends to further criminal conduct on the part of the family member, those associations are prohibited. Associations with known or suspected criminals in furtherance of a member's duties are not prohibited by this rule. 3.31 DISPLAYING OR DISCHARGING FIREARMS: A. DISPLAYING FIREARM WHILE NOT IN UNIFORM: Officers, whether on- or off-duty, not in uniform, are prohibited from wearing their weapon on the outside of their clothing in such a manner it causes alarm. B. DISPLAYING FIREARM UNNECESSARILY: Members shall not unnecessarily display their firearms. C. DISCHARGING FIREARMS: Officers may discharge firearms in the following circumstances only: 1. At target practice; 2. To destroy an animal in conformance with departmental procedures; 3. In defense of one's life or the life of another; or 4. To hunt wild game, while properly licensed and in conformance with state law. D. REPORT REQUIRED: Any officer discharging a weapon accidentally or intentionally, except on the target range or while lawfully hunting wild game, shall immediately report the incident, in writing, to their immediate supervisor. 3.32 ACTIVITIES OF MEMBER WHILE UNDER SUSPENSION: A. PROHIBITED ACTIVITIES: Officers while under suspension shall not: 1. Wear the San Antonio Police Department uniform or any part of the uniform; 2. Represent themselves as members of the San Antonio Police Department; General Manual Procedures – Section 200 Rules and Regulations Page 11 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations 3. Carry or display their San Antonio Police Department badge or identification; 4. Engage in outside employment which requires an extension of police services; nor any form of outside employment prohibited by existing SAPD General Manual procedures governing outside employment; or 5. Exercise the power or authority of a police officer of the City of San Antonio, Texas. B. RIGHTS AND PRIVILEGES: Officers, while under suspension, have only the rights and privileges afforded a private citizen regarding the carrying of any weapon. 3.33 ARRESTS IN PERSONAL QUARRELS: Members, while off-duty, shall not make arrests in quarrels in which they are personally involved or those in which their families are involved, except when immediately necessary to prevent bodily injury or death. 3.34 MAINTAINING CERTIFICATION: Each officer shall maintain minimum standards for retention of their license issued by the Texas Commission on Law Enforcement. 3.35 REPORT AN ARREST, CRIMINAL CHARGE, OR INDICTMENT: Any member arrested, charged with, or indicted for a state criminal offense, in any state, which is above the level of a class C misdemeanor or which is a class C misdemeanor and the class C misdemeanor involves the duties and responsibilities of office, or for a federal criminal offense, must immediately provide the Office of the Chief of Police with written notification of such incident. The member must provide the Office of the Chief of Police with the name of the arresting agency, a description of the nature of the charges, and the style, court and cause number of the charge or indictment, if any. 3.36 SEXUAL MISCONDUCT PROHIBITED A. Members (sworn and civilian) are prohibited from engaging in sexual conduct while: 1. On-duty; 2. In uniform; 3. Working off-duty (extension of police services); 4. Officially representing the San Antonio Police Department; 5. In a mentoring capacity (Including, but is not limited to: direct supervision, F.T.O., Academy Instructor or Explorer Advisor, etc.); or 6. Using their position with the San Antonio Police Department in any capacity; B. Sexual Conduct is defined in accordance with Texas Penal Code Section 21.01 (1) (2) (3), 21.07 (a) (1) (2) (3) (4) and 21.08 (a). General Manual Procedures – Section 200 Rules and Regulations Page 12 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations SECTION 4.00 ATTENTIVENESS TO DUTIES 4.01 MEMBERS SUBJECT TO DUTY: While within the corporate limits of the City of San Antonio, officers of the San Antonio Police Department will consider themselves available for duty in any emergency situation, regardless of their actual duty status. On-duty officers shall carry their police identification and an approved weapon. Off-duty officers shall carry their police identification and should carry an approved weapon. A. NONEMERGENCY ACTIONS: When an officer, not on-duty, has a matter come to their attention that is not an emergency situation requiring immediate action, they shall call the police dispatcher and request the assignment of an on-duty officer. Once the on-duty officer has arrived, the off-duty officer will not interfere or participate in the incident unless requested to do so by the officer(s) assigned to handle the incident. B. AUTHORITY OUTSIDE CITY LIMITS WHILE OFF-DUTY: An officer, while off-duty outside the city, has only the rights, authority, and privileges of a private citizen. C. AUTHORITY OUTSIDE CITY LIMITS WHILE ON ASSIGNMENT: Police officers on an assignment outside the city, contact the agency having original jurisdiction, and seek the assistance of that agencies officer’s in any action to be taken. Any action taken will be confined to what is necessary to accomplish the assignment. 4.02 ALERTNESS REQUIRED OF MEMBERS: Members shall at all times be attentive to their duties and by their alertness and observation, and demonstrate their interest in their work. 4.03 REQUIREMENT TO TAKE ACTION: On-duty members are required to take prompt and effective police action conforming to departmental policies with respect to violations of laws and ordinances and matters affecting public safety coming to their attention, or of which they have knowledge. 4.04 REPORTING FOR DUTY: Members, unless otherwise directed, shall report for duty or present themselves at the time and place specified by proper authority. They shall be properly uniformed, or dressed, and equipped. 4.05 AVAILABILITY WHEN ON-DUTY: No member while on-duty shall conceal himself, except for some police purpose. Members shall keep themselves immediately and readily available at all times when on-duty. 4.06 ON-DUTY ACTIVITIES: Members shall not devote any of their on-duty time to any activity other than that which relates to their duty assignment. Members shall not enter places of amusement while on-duty, except for police purposes. Members shall not remain at any one place longer than is necessary to accomplish a police objective. 4.07 PROMPT RESPONSE TO ALL CALLS: Officers shall respond without delay to all calls for police service from citizens or other members. Immediately upon completion of the call, officers shall notify the dispatcher of their return to service. General Manual Procedures – Section 200 Rules and Regulations Page 13 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations 4.08 REPORTING HAZARDS AND ASSISTING THE PUBLIC: Members observing anything of a dangerous or hazardous nature, citizens in distress, anything that might occasion public inconvenience, or seems irregular or offensive shall ensure proper action and report the incident. Members shall assist the public and not avoid this responsibility. 4.09 DUTY TO REPORT CRIMES: Members receiving or possessing facts or information relative to a criminal offense shall not conceal, ignore, distort, or retain such facts or information, and will report such facts. Members will have a continuing duty to report facts and information relative to criminal offenses until the criminal offense has been reported through proper channels. 4.10 DUTY TO REPORT INCIDENTS: Members shall immediately report the following categories of incidents, in addition to other incidents covered by these rules and departmental procedures, in accordance with the procedures of the Department. A. TRAFFIC CRASH INVOLVING MEMBER: Members, while in a city vehicle, shall immediately report any traffic crashes in which they are involved. B. ON-DUTY INJURY: Members shall immediately report any personal injuries received in the line-of-duty. C. OFF-DUTY INJURY: Members shall immediately report any off-duty injuries which are apt to interfere with the performance of duties. D. INJURY OR PROPERTY DAMAGE CAUSED BY MEMBER: Members shall immediately report all property damage or injuries caused to other persons while in the performance of their duty. E. INCIDENTS WHERE THE CITY MAY BE LIABLE: Members shall immediately report all incidents in which it appears the City of San Antonio may be liable for damages. F. DANGER TO PUBLIC HEALTH OR SAFETY: Members shall immediately report any conditions which might endanger the public health or safety. G. SUIT OR LEGAL PROCESS AGAINST MEMBER: Members shall immediately report any suits or legal processes filed against them by reasons of acts performed by them in the line-of-duty. Personnel are to bring the original citation to the Office of the Chief and sign a form requesting Legal Representation, which will be forwarded to the City Attorney’s Office. In the event personnel receive or are served with a suit or legal process after normal business hours, (0745-1630 hours, Monday – Friday), they shall report to the Office of the Chief the next business day with the original citation. H. DAMAGE TO CITY PROPERTY: Members shall immediately report damage to any city property. 4.11 REQUIRED TO TAKE AND MAINTAIN NOTES: Field officers shall carry notebooks or notepads to record the details of any police action they might take. All officers will take and keep notes of the police actions in which they are involved. Data pertinent to cases investigated will be kept and maintained by the officer involved. 4.12 OFFICIAL REPORTS: A. COMPLETION OF REPORTS: Members shall complete reports promptly, accurately, and in conformance with the reporting procedures of the department. General Manual Procedures – Section 200 Rules and Regulations Page 14 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations B. SUBMISSION OF REPORTS: Members shall complete and submit all reports prior to going off-duty. C. FORM AND CONTENTS: Members' reports shall be professionally written in good grammatical form and shall not contain slang, profanity, colloquial expressions, or insulting racial terminology, except when the language is a quotation and is essential to the investigation, a part of the offense, or related to the officer's action. The public portion of the report shall contain only the information required therein and shall not contain any information which is privileged or confidential. Information to be restricted from the public portion of the report includes: 1. Matters relating to investigative techniques or procedures; 2. Opinions or judgments of the officer; 3. Facts tending to identify suspects or informants; or 4. Information which should be confidential and which relates to a continuing investigation. 4.13 DUTY TO TAKE ACTION: Officers are charged with the responsibility to enforce local ordinances, state laws, and federal statutes, to preserve the peace, and to protect lives and property. All officers will take immediate action to prevent any obvious felony offense, or to arrest, if reasonably possible, any known felony offender, and to protect all persons and property from imminent harm. 4.14 COURTESIES ACCORDED THE NATIONAL COLORS AND ANTHEM: Members of the department shall salute the National Colors during the playing of the National Anthem with the hand salute appropriate to their dress: 1. Full Uniform with Headgear-At the first note of music: stand at attention and executes a military salute; 2. Uniform without Headgear-At the first note of music: stand at attention and hold this position until the last note of music has been played; or 3. Relaxed Apparel or Civilian Attire-At the first note of music: stand at attention and place right hand over heart. 4.15 RESPONSIBILITY FOR INTERNAL INVESTIGATIONS: A. FORMAL INVESTIGATIONS: The Professional Standards Section has the responsibility for investigating allegations of non-criminal misconduct by members of the Department. B. INVESTIGATION OF MEMBERS: Members who have a reason to believe another member of the Department should be investigated shall write a report to the commander of the Professional Standards Section giving the details of that belief. C. PRELIMINARY INVESTIGATIONS: Supervisory officers may conduct preliminary investigations under the following circumstances: 1. Only to the extent necessary to determine the validity of a complaint or to provide justification for an investigation; or 2. If a violation is occurring and the offender may escape detection if an investigation is delayed. General Manual Procedures – Section 200 Rules and Regulations Page 15 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Section 200 – Rules and Regulations 4.16 ABSENCE FROM ASSIGNMENT: Members shall not leave their beats or assigned areas except in the line-of-duty, upon authorization of a supervisor, or at the end of a scheduled tour-of-duty. 4.17 COOPERATION WITH OTHER AGENCIES: Members shall cooperate with all agencies engaged in the administration of criminal justice and other public departments, giving to each all aid and information they might be entitled to receive. 4.18 RELATIONS WITH NEWS MEDIA: Members shall be open, honest, and cooperative with members of the news media, whenever possible, provided such actions are consistent with the statutes of the State of Texas and the policies of the Department. General Manual Procedures – Section 200 Rules and Regulations Page 16 of 16 Effective Date: July 24, 2015 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures Office with Primary Responsibility: Office(s) with Secondary Responsibilities: Forms Referenced in Procedure: Effective Date: Prior Revision Date: COP PSC, PNC, TSC, STC, MCC, SSB SAPD Form #61-LF, SAPD Form #200 OR SAPD Form #6-CR January 31, 2017 July 06, 2016 Number of Pages: 24 Related Procedures: 402.01 INTRODUCTION A. This procedure establishes a process to provide for the non-criminal investigation and discipline, when necessary, of sworn members for alleged or suspected violations of department rules, regulations, policies, or procedures, which may regulate the conduct of sworn members. B. When a complaint focuses on a civilian member, the non-criminal investigation and discipline, when necessary, is determined by the civilian member’s Division Commander or in accordance with any applicable administrative directives of the City. C. This procedure does not supersede any criminal investigation for alleged violations of criminal laws or statutes by members of this Department. D. The ‘Complaint and Administrative Review Board’ is synonymous with the ‘Chief’s Advisory Action Board’ as mentioned in the Collective Bargaining Agreement (CBA). E. The “Crash Evaluation and Review Board” is synonymous with the “Chief’s City Vehicle Accident Advisory Action Board” as mentioned in the Collective Bargaining Agreement (CBA)..02 POLICY A. The Department is accountable for all official acts of its employees. Therefore, the Department holds its members to a high standard of conduct and discipline in order to preserve an essential relationship of trust and confidence with the community they serve. B. Furthermore, the Department adheres to and practices progressive discipline. This allows for a range of sanctions that take into account the circumstances of individual matters while ensuring that discipline and other behavior modification schemes are commensurate with continued misconduct. C. To achieve the desired degree of effectiveness, disciplinary procedures address considerations and expectations from the following three perspectives: 1. Community or external concerns: An open and positive relationship with the citizens of this community must be preserved. Consequently, the Department accepts all complaints, regardless of form, source, or substance, and initiates investigative action appropriate to the seriousness of the complaint. 2. Departmental or internal concerns: A consistent and fair disciplinary system supports an effective operational environment. The Department provides corrective action for a member who demonstrates a need for behavioral correction and commends proper conduct and judgment. 3. Employee concerns: Members should have a reasonable expectation they may exercise prudent judgment in a fair, lawful, and impartial manner while in the proper discharge of their duties and an expeditious and equitable process of disciplinary review will evaluate their actions. D. The Internal Affairs Unit shall coordinate all investigations of alleged non-criminal misconduct by sworn members of the Department in accordance with this procedure. General Manual Procedures – Section 300 Administrative Procedures Page 1 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures E. The Chief of Police shall determine which unit or Department member shall investigate allegations of criminal misconduct made against a member of the Department..03 INCIDENTS INVOLVING OFFICERS A. Officers will immediately self-report to their immediate supervisor, verbally and in writing on SAPD Form 200-OR, any disturbances that they are involved in that require a law enforcement response, or have knowledge or become aware that their involvement in a disturbance has the potential to result in a law enforcement response or a complaint. If the officer’s immediate supervisor is not available, the officer shall report his involvement in the disturbance, verbally and in writing to any on-duty supervisor. Any supervisor who received a self-report from an officer shall, submit a report and route his report along with the officer’s report utilizing Blue Team, through their chain of command to Internal Affairs for an administrative review. B. On-duty officers handling any disturbance involving another officer (including from other departments) shall immediately notify their supervisor (handling officer’s supervisor) prior to departing the location. A supervisor being notified of a disturbance involving an officer from this department shall make the scene. Upon completing their report, the handling officer shall forward a copy of their report to that same supervisor, who will then route the report in accordance with Section.03(A). C. When handling a call for service or interacting with a member of the public and a member of that public, including but not limited to a complainant, witness, suspect, reporting person, etc., requests to speak to a supervisor, officers shall immediately contact and inform an on-duty supervisor of such request through the dispatcher. The supervisor may initially communicate with the requesting person over the telephone to determine whether the supervisor’s presence is needed. The supervisor will record his/her actions in a written report. Incidents resulting in a complaint (line or formal) will be handled in accordance with this procedure..04 LINE COMPLAINTS A. Line complaints generally constitute disciplinary matters limited to and involving a minor variance from the routine activities and responsibilities of the sworn member in question. B. Line complaints are subdivided as follows: 1. Line Supervisory "Type A" Complaint - The complainant requests contact by the sworn member's supervisor; 2. Line Supervisory "Type B" Complaint - The complainant does not wish to be contacted by a supervisor but relates a potentially substantive problem or relates only nonspecific or general information. C. The sworn member's immediate supervisor initially addresses line complaints, generally resulting in complainant satisfaction from the supervisor's initial contact. The complainant should always be reminded that they may also contact the Internal Affairs Unit if they are not satisfied with the immediate supervisor’s response. When appropriate, the Section Commander, with concurrence from the Division Commander, addresses the sworn member’s behavior with counseling, a written reprimand, or a suspension of up to three calendar days. (Anything less than a one (1) day suspension is not considered discipline.) 1. All line complaints shall be investigated by the officer’s chain of command within twenty-one (21) calendar days from the date of the written complaint. a. The investigation shall be confined strictly to the complaints detailed in the complaint investigation packet. b. If the member does not agree with the contemplated disciplinary action within five (5) calendar days, the case will be forwarded to the Internal Affairs Unit for investigation. c. Complaints investigated through the chain of command do not entitle the officer to have an attorney present during interviews with their commanding officer. General Manual Procedures – Section 300 Administrative Procedures Page 2 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures d. 2. During the five (5) calendar days’ time period nothing prohibits an officer from seeking advice from an attorney or an Association representative. If the sworn member is the rank of Captain or above, or has no Captain in their chain of command, the officer’s Division Commander, Bureau Commander or the Chief of Police or his designee as appropriate, will investigate the complaint. D. All line complaint disposition reports shall be entered into Blue Team and forwarded up the chain of command for review and disposition, in accordance with Section.19(C)..05 FORMAL COMPLAINTS A. Formal complaints generally constitute matters involving conduct that exhibits a significant variance from behavioral expectations or practices established through formal training, departmental rules, regulations, policies, or procedures which regulate a sworn member's conduct. B. Formal complaints include, but are not limited to, the following: 1. Activities that deal with significant behavioral infractions; 2. Any conduct that if proven would constitute a crime; 3. Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that exceeds three (3) calendar days; 4. Any allegation of harassment/discrimination; 5. Any allegation of racial profiling; 6. Any allegation of unnecessary or excessive force; or 7. Any other incident that may require formal disciplinary proceedings in order to be properly resolved. C. Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit may request the complaint be submitted to the expedited disciplinary track method. 1. The request must be made in writing to the Office of Chief with a copy of the formal complaint notification attached. 2. Both the sworn member and the Chief must agree to submit the matter to the expedited disciplinary track for an expedited disciplinary finding. 3. Any disciplinary action must be agreed upon by the sworn member and the Chief, and must be enacted within thirty (30) calendar days of the agreement. D. A suspension agreed to by a member may not be appealed or altered by the Civil Service Commission, an arbitrator, or any court. E. In no event can the expedited disciplinary track be requested within sixty (60) calendar days of the expiration of the complaint’s one-hundred and eighty (180) calendar day timeline in Chapter 143 of the Local Government Code. F. The San Antonio Police Department's Complaint Matrix shall be used as a guide when addressing disciplinary action. General Manual Procedures – Section 300 Administrative Procedures Page 3 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures G. All formal preliminary investigations shall be entered into Blue Team and forwarded through the officer’s chain of command to Internal Affairs for review and disposition. in accordance with Section.19(D)..06 INFORMATION LOGS AND SERVICE COMPLAINTS A. Service complaints constitute citizen dissatisfaction with police services for reasons other than complaints of officer misconduct. Service complaints include, but are not limited to the following: 1. Call response times – Not due to an officer’s negligence; 2. Handling of a civil matter – Due to Department policy or civil law; 3. Discretionary call screening; 4. Unavailability or delay of other police services; 5. Any other complaint that does not involve officer misconduct. B. Supervisors receiving service complaints from citizens shall document the complaint in Blue Team as a Service Complaint and route it through the officers chain of command, in accordance with Section.19(B), and it is to include complainant contact information, the nature of the complaint, and details specific to the incident that may assist in addressing the dissatisfaction. Supervisors should communicate to citizens making service complaints that their concerns will be documented with the intent of providing feedback on Department policy. C. Information Logs consist of any other complaint that does not violate policy or procedure or involve officer misconduct. This documentation shall be forwarded to Internal Affairs through the chain of command utilizing Blue Team, in accordance with Section.19(A)..07 PARTIES TO A COMPLAINT (COMPLAINANTS) A. All complaints of alleged misconduct by sworn members, except complaints initiated by the Department, must identify a principal complainant or aggrieved party from outside the Department. B. Complaints of alleged misconduct by sworn members that are initiated from within the Department shall list the "Administration" as the complainant. C. Anonymous complaints may receive supervisory review appropriate to the nature or severity of the allegations, and efforts will be made to verify the information to either initiate an investigation or simply log the information in Blue Team and forward through the chain of command to Internal Affairs..08 COMPLAINT PROCESSING A. The Department receives complaints in a variety of forms and from a number of sources. B. Members of the Department shall make every effort to ensure prompt and courteous responses or referrals of any complaint, regardless of the circumstances. C. Referring Complaints 1. Copies of all complaints received or handled by members of the Department shall be entered into Blue Team by supervisory officers and forwarded through the chain of command for proper review and disposition. 2. The initial receipt of a complaint shall be processed as follows: General Manual Procedures – Section 300 Administrative Procedures Page 4 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures a. Personal Appearance: A member who receives a complaint through personal contact shall direct the complainant as follows: (1) To the supervisor of the officer who is the subject of the complaint; or (2) If the officer's supervisor is unavailable, to the nearest available supervisor. b. Telephonic: A member who receives a complaint by telephone shall forward the complainant as follows: (1) To the supervisor of the officer who is the subject of the complaint, if readily available, or; (2) To the Communications Unit Supervisor who shall determine the availability of a supervisor in the subject officer's chain of command and dispatch the supervisor to contact the complainant. If the identity of the subject officer is unavailable, any supervisor from the Patrol Division is dispatched to contact the complainant. (3) To the Internal Affairs Unit during business hours, 0800-1800 hours. c. Correspondence: A member who receives a written or electronic complaint shall route the complaint to his immediate supervisor who shall handle in accordance with this policy..09 COMPLAINT INVESTIGATION RESPONSIBILITIES A. Each individual officer must realize and accept the responsibility of confidentiality in order to avoid compromising the integrity of the disciplinary process. Officers shall not discuss details of any complaint with persons outside of the disciplinary process. B. Supervisory Officers 1. When supervisory officers receive complaints from the Internal Affairs Unit, they shall initiate action appropriate to the type of complaints received. 2. Supervisory officers handling line supervisory "Type A or B" complaints shall: a. Type A - Contact and interview the complainant in accordance with Section.10; b. Type B – Although the complainant does not wish to be contacted, the supervisor shall attempt to contact and encourage feedback regarding the Departmental action taken by utilizing the following standardized statement and question: (1) Statement: it is the policy of our Department to contact you regarding your complaint to let you know how your complaint was resolved, (2) Question: How would you like to be contacted? c. Interview the subject officers of the complaints in accordance with Section.10; d. Evaluate the information and address complaints that may require minor disciplinary action; e. Prepare reports upon disposition of the complaint which include the information provided by the complainants, the sworn members, and supervisory evaluation of the complaints, including the methods in which complaints were addressed; and General Manual Procedures – Section 300 Administrative Procedures Page 5 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 3. f. Enter the line complaint disposition reports into Blue Team, to include the specific violation(s), and forward these reports, together with any other pertinent information, through their chain of command electronically utilizing Blue Team. g. Supervisors who receive a complaint in person, on the phone or from a dispatcher, on an officer who is not assigned to his unit, shall handle the complaint in accordance with this Procedure and forward the preliminary investigation reports electronically through Blue Team to the officer’s chain of command starting with the officer’s Unit Director. The supervisor, who handled the preliminary investigation, shall also carbon copy his Unit Director. Supervisory officers addressing formal complaints shall: a. Immediately notify the Section Commanders or Unit Directors of any cases where an officer is involved in allegations of suspected criminal activity; b. Contact and interview the complainants in accordance with Section.10; c. Refer the complainants to the Internal Affairs Unit to initiate formal complaints; d. Interview and obtain written reports from the subject officer and all witness officers in accordance with Section.10; e. Obtain necessary information, which assists in the evaluation of the complaints, in accordance with Section.12 B (2); f. Prepare preliminary complaint investigation packets including all the information provided by the complainants, the sworn members’ reports, and the supervisors’ reports; g. Supervisors will not enumerate or make recommendations as to the specific rule, regulation, policy, or procedure violated, nor will they make recommendations as to punishment. Supervisors will only recommend either no disciplinary action is necessary or the complaint should be forwarded to the Internal Affairs Unit for further investigation; and; h. Enter the preliminary complaint investigation reports into Blue Team and forward through the chain of command. i. Supervisors, who receive a formal complaint from another Unit’s supervisor via Blue Team, shall follow the procedure outlined above, with the exception of entering the preliminary investigation reports again into Blue Team. Any additional information will be added to the complaint investigation previously entered into Blue Team, prior to being forwarded through the chain of command. C. Section Commanders/Unit Directors 1. Section commanders or unit directors receiving complaints through Blue Team shall assign supervisory officers to investigate the complaints. 2. Section commanders and unit directors receiving disposition reports on line complaints shall: a. Review and evaluate the supervisors' disposition of line complaint; and b. Implement disciplinary action, when necessary, up to a three (3) day suspension (with concurrence of the division commander) and; General Manual Procedures – Section 300 Administrative Procedures Page 6 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures c. 3. Forward the line complaint disposition reports in Blue Team through their chain of command to their Division Commander and/or the Division Administrative Sergeant if applicable. Section commanders receiving complaint investigation packets on formal complaints shall: a. Review and evaluate the supervisor’s preliminary complaint investigation reports in Blue Team; b. Forward the preliminary complaint investigation reports, through Blue Team, to the division commander; c. Upon receiving concurrence from the ranking officer on duty, temporarily relieve from duty a sworn member accused of serious misconduct or suspected criminal activity; and d. Immediately notify the division commander and the Internal Affairs Unit of such action. D. Division Commanders 1. Division commanders shall maintain a confidential disciplinary log strictly for the purpose of ensuring timely disposition of complaints and timely administration of discipline or corrective action against sworn members. 2. Division commander receiving complaints from the Internal Affairs Unit shall assign Section Commanders or Unit Directors to investigate the complaints through Blue Team. 3. Division Commanders receiving line complaint disposition reports in Blue Team shall review the reports and recommendations, and based on the merits, substance, and gravity of the case: 4. a. Request further preliminary investigation, if necessary; b. Concur with recommended disciplinary action, when necessary, up to a three (3) day suspension; c. Forward the line complaint disposition reports through Blue Team to the Internal Affairs Unit. Division commanders receiving complaint investigations through Blue Team concerning formal complaints shall review the contents and based on the same criteria mentioned in the preceding paragraph: a. Request further preliminary investigation, if necessary, under exigent circumstances; and b. Forward the formal complaint investigation reports through Blue Team to the Internal Affairs Unit. E. Internal Affairs Unit 1. The Internal Affairs Unit shall receive line complaint disposition reports and formal complaint investigation packets from division commanders through Blue Team. 2. The Internal Affairs Unit shall investigate formal complaints of sworn member misconduct and present the findings to the Complaint and Administrative Review Board (CARB). 3. a. The Internal Affairs Unit shall send Formal Complaint Notices to officers who become the subject of a formal complaint. b. The Internal Affairs Unit shall send Deactivation Notices to officers who’s Formal Complaints have been dismissed for cause. Officers under investigation shall be informed forty-eight (48) hours prior to being interrogated or asked to respond to an investigation of the general nature of the investigation and shall be provided with sufficient information to be reasonably apprised of the allegations. General Manual Procedures – Section 300 Administrative Procedures Page 7 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures F. 4. Officers shall be allowed to review, but not copy verbatim or photocopy, any information as listed in the current Collective Bargaining Agreement. 5. No part of the information provided to the officer for review may be reproduced, transmitted in any form by any means, electronic, or mechanical, including photocopying, recording or by any information storage and retrieval system. Officers shall not release the provided information to any person other than their attorney or representative. 6. All complainants who provide a signed, written or video/audio recorded statement shall be provided with a copy of same by Internal Affairs staff. A complainant’s statement will only be provided to the complainant himself/herself in person on the day such statement is produced. Should a complainant appear to the Internal Affairs office after providing a statement and request an additional copy of their statement, Internal Affairs staff will provide a copy to that complainant upon confirming the complainant’s identity. Homicide Unit 1. Shall investigate police vehicle crashes; and 2. Shall present findings of investigations to the Crash Evaluation and Review Board. G. Police Legal Advisor 1. The Police Legal Advisor shall review disciplinary cases investigated by the Internal Affairs Unit prior to their submission to the Complaint and Administrative Review Board; and 2. Functions in an advisory capacity to the Complaint and Administrative Review Board and Crash Evaluation and Review Board for the purpose of legal interpretation of any source which regulates a sworn member's conduct. H. The Chief of Police 1. Shall review the Complaint and Administrative Review Board and Crash Evaluation and Review Board recommendations for discipline and implements such action as he deems appropriate in each individual case; or 2. May implement, at his discretion, immediate administrative, corrective, or disciplinary action without the Complaint and Administrative Review Board or Crash Evaluation and Review Board participation and has ultimate discretion to decide whether discipline should be implemented against a sworn member..10 COMPLAINT INTERVIEWS A. Supervisory officers who conduct formal or line complaint interviews with complainants or witnesses adhere to the following process: 1. The interviews shall occur at a time and place reasonable under the circumstances; 2. Complainants shall be advised the Department may not implement formal disciplinary actions against sworn members without signed, sworn complaints, although oral complaints may receive supervisory review appropriate to the nature or severity of the allegations; and 3. Written statements shall be taken only by supervisory officers assigned to the Internal Affairs Unit. B. Supervisory officers who conduct formal or line complaint interviews with sworn members under investigation for any form of alleged non-criminal misconduct adhere to the following process: 1. The interviews shall occur at a time and place reasonable under the circumstances; General Manual Procedures – Section 300 Administrative Procedures Page 8 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 2. Obtain written documentation from subordinates who witnessed, or are the subject of a complaint, utilizing Form#200-OR, Officer’s Response to a Complaint, to include details regarding all relevant issues such as how, when, where, and why the alleged conduct took place. 3. A sworn member may, at his option, request a supervisory officer accompany him to a complaint interview, if the interview is conducted by the Internal Affairs Unit. This request is not binding on the supervisory officer; 4. A sworn member who is subjected to an interview by a supervisory officer in the course of a non-criminal complaint investigation shall submit a report immediately upon request. The report shall be written on SAPD Form #200-OR, Officer's Response to a Complaint, and submitted to the supervisory officer. C. A sworn member of the Internal Affairs Unit holding the rank of sergeant or above, when conducting a complaint interview with a sworn member, may request, or order if necessary, a sworn member of any rank to: 1. Submit a written or audio/video report; 2. Answer interrogatories; 3. Provide physical evidence; or 4. Otherwise cooperate in any manner with Internal Affairs Unit personnel during an investigation..11 POLYGRAPH USAGES A. The Department considers the polygraph a useful investigative resource which may be used as an administrative tool. 1. When the introduction of the polygraph into an investigation of a citizen's complaint appears necessary, the Department will first examine the complainant if the complainant agrees to the administration of a polygraph. 2. A licensed examiner administers the polygraph test to the sworn member only when the complainant's results indicate truthfulness. a. A non-member administers the polygraph examination to a sworn member to prevent any perception of bias; and b. To avoid any undue embarrassment to an officer or the Department, the polygraph examination shall not be administered to an officer while in uniform or in direct sight. B. The Department uses polygraph examination results as follows: 1. The Complaint and Administrative Review Board and Chief of Police review the complainant's polygraph examination results; and 2. Only the Chief of Police reviews the sworn member's polygraph examination results..12 COMPLAINT DOCUMENTATION RETENTION A. Individual Officers 1. An officer may maintain personal records involving matters of potential disciplinary action which involve him. General Manual Procedures – Section 300 Administrative Procedures Page 9 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 2. The only official disciplinary documentation permitted in any officer’s possession is that which the officer personally prepared. B. Supervisory Officers 1. Many supervisory officers maintain informal notes regarding the activity of their personnel. However, the personal retention of any forms, reports, electronic media, or official documentation regarding formal or informal disciplinary investigations of direct subordinates is prohibited. 2. Supervisory officers involved in disciplinary investigations shall forward all documentation, videos, audio recordings, or photos under seal to the Internal Affairs Unit through their chain of command at the earliest possible time..13 CORRECTIVE ACTION IMPLEMENTATION A. Field Counseling 1. A field counseling is a form of corrective action used to document any on-duty, sub-standard performance, a deficiency (uniform, tardiness, etc.), or behavior(s) that negatively impacts an officer’s ability to perform to established standards. A field counseling is not used as a disciplinary measure, but used as supporting documentation for evaluation purposes. A field counseling may be used to support disciplinary measures. 2. A field counseling is issued to an officer by his immediate supervisor using SAPD Form 6-CR with the approval of his/her supervisor. (i.e., A Lieutenant would approve a Sergeant’s issuance of a field counseling.) 3. A copy of a field counseling is provided to the officer and the original field counseling is kept in the officer’s field file. B. Written Counseling/Reprimand 1. A written counseling/reprimand is used as documentation in the progressive discipline process the department uses although a written counseling/reprimand is not considered discipline. A written counseling/reprimand is issued in the resolution of a line complaint, but can also be issued with the recommendation of the Complaint and Administrative Review Board or the Crash Evaluation and Review Board. 2. A Captain or above ensures that a written counseling/reprimand is issued to an officer using SAPD Form 6-CR. The written counseling/reprimand must be approved by the Officer’s Division Commander. 3. The actual preparation and issuance of a written counseling/reprimand may be delegated to a supervisor of any rank within the officer’s chain of command, but a Lieutenant or higher must sign the written counseling and a Captain or higher must sign the written reprimand. 4. The signed written counseling/reprimand will then be forwarded through the Blue Team in accordance with this procedure and the original shall be placed in the officer’s field file..14 COMPLAINT AND ADMINISTRATIVE REVIEW BOARD A. The Complaint and Administrative Review Board, hereafter referred to as the Board, means the combined Citizen Advisory Action Board and Police Advisory Action Board. General Manual Procedures – Section 300 Administrative Procedures Page 10 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 1. The Citizen Advisory Action Board: a. Consists of members selected in accordance with the current Collective Bargaining Agreement; b. A quorum consists of three members (provided there are at least six (6) active/participating appointed members); c. Each member has one (1) vote; and d. Citizen members must be present to hear the following types of cases: (1) Cases involving the use of force, bodily injury, and unlawful search and seizure; and (2) Any case in which the officer who is the subject of a complaint or a complainant requests citizen member participation, if it is reasonably possible based on the workload and availability of the citizen members. e. 2. Cases not meeting the above criteria may be heard without citizen member’s participation. The Police Advisory Action Board: a. Consists of sworn members as specified in the current Collective Bargaining Agreement. b. Membership is open to any officer who has completed his initial probationary period and has not incurred a suspension during the previous twelve months. c. A quorum consists of five (5) members. d. Each sworn member has one vote. e. All sworn members vote regardless of the rank of the respondent. f. A sworn member excuses his participation in any case in which he is a respondent, has participated in, or has witnessed. g. The Chief of Police may allow the following to attend the Complaint and Administrative Review Board meeting: (1) A San Antonio Police Officers’ Association representative; (2) The Police Legal Advisor; and (3) Internal Affairs Unit representatives. B. The Complaint and Administrative Review Board is designed to evaluate complaints against officers as equitably as possible in pursuit of the following objectives: 1. Correct the behavior of an individual sworn member who is not in conformance with departmental rules, regulations, policies, practices, standards or objectives; 2. Instill a preventive affect for any other sworn member who may be engaged in or contemplating similar misconduct; 3. Demonstrate that compliance with departmental mandates is uniformly required of each sworn member; General Manual Procedures – Section 300 Administrative Procedures Page 11 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 4. Promote making the disciplinary process transparent and stress the importance of community involvement; and 5. Promote trust and legitimacy by requiring officers to act in procedurally just ways. C. All members of the Complaint and Administrative Review Board shall sign a pledge of confidentiality agreeing to maintain the right of privacy for the accused sworn member and hold in confidence all allegations, facts, testimony, and evidence brought before the Board. D. The effectiveness of the Board requires maintaining the integrity of the process, which is contingent on the following responsibilities. 1. 2. The Board Chairman: a. Serves as the custodian of all information concerning disciplinary cases that the Board reviews; b. Confines reviews of case jackets or confidential material to a designated area; c. Provides orientation for new Board members; d. Reviews published agendas at least seven days prior to each meeting; and e. Ensures proper rules of order and decorum are followed at meetings. Each Board Member: a. Protects the rights of the sworn member whose conduct is the subject of review by maintaining confidentiality relating to any discussions, correspondences, or proceedings; b. Preserves the dignity and confidentiality rights of the complainant before, during, and after Board proceedings, and avoids conduct during proceedings that are detrimental to Board integrity and cohesion; and c. Avoids any bias in the fulfillment of their obligations. E. Cases presented to the Board for consideration are derived from the following sources: 1. The Internal Affairs Unit as a formal complaint; or 2. The Chief of Police, who may wish the Board consider a matter..15 COMPLAINT AND ADMINISTRATIVE REVIEW BOARD PROCEDURES A. Although a need to adhere to the following disciplinary hearing procedures exists, the Chief of Police reserves the right to exercise administrative discretion in the event of exceptional circumstances falling outside the limit, purpose, or scope of this process. B. Board Procedures 1. The Chairman makes a declaratory announcement about security for the protection of each respondent's privacy. 2. The Chairman announces each case prepared for review by the Board. The Chairman may reset a case at the respondent's request, if sufficient cause exists. General Manual Procedures – Section 300 Administrative Procedures Page 12 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 3. An Internal Affairs Unit representative outlines misconduct cases. 4. The Board may then ask questions of the Internal Affairs Unit representative presenting the brief. 5. The respondent is allowed the opportunity to speak before the Board by the Board Chairman. A respondent's absence at a hearing is not considered in the final deliberations and has no bearing on the outcome. The respondent's right to be heard is subject to the following limitations: a. b. The respondent may not have an attorney present or any other person as a representative; The respondent may not introduce references or character witnesses; and c. The respondent may request to have a supervisor present who may provide input if requested by the Board. The sworn member directs such requests to their commanding officer, who then notifies the supervisor requested to appear. All such appearances are made on a voluntary, non-remunerated basis. 6. The respondent may not grieve the failure to receive notice of a hearing by the Board, unless the failure is alleged to have been intentional. 7. The Chairman shall advise the respondent of the following: a. Testimony is voluntary; b. Rules and decorum of the proceedings; c. Questions may be asked by Board members; and d. Their decision to speak or answer questions may be withdrawn at any time without inference or penalty. 8. Questions directed towards the respondent are restricted to those pertinent to the facts of the case and should avoid any form of accusation or debate. 9. Upon completion of the testimony, the Chairman excuses the respondent after being advised any recommendations from the Board regarding the case are in an advisory capacity and the Chief of Police makes the final determination. 10. The Chairman may elect to hear testimony from a complainant. Any testimony provided is strictly voluntary. 11. The complainant may not have an attorney present or any other person as a representative. However, at the Chairman’s discretion, they should be afforded the opportunity to have a non-legal representative present. This person's role should be to provide support to the complainant or witness and not be disruptive or an active participant. 12. The Board will discuss the case, generally using the following guidelines: a. The discussion process will be informal. b. All dialogue shall be confined to the facts of the case and information presented as a result of the Internal Affairs Unit investigation or the testimony provided. c. Discussion regarding the respondent’s character is not permitted. d. Discussion is directed toward the determination of whether the action of the respondent violates or does not violate an applicable standard. 13. One of two determinations follows the discussion: General Manual Procedures – Section 300 Administrative Procedures Page 13 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures a. Ready to vote; or b. Further investigation is required and the case is returned to the investigative source. 14. On determination of "ready to vote," the Chairman calls for a finding in the case..16 MISCONDUCT CASE FINDINGS A. The first vote is directed towards determining a finding in the case. This finding is determined to be one of the following: 1. "Unfounded" means the allegations reported did not occur. 2. "Inconclusive" means the allegations could not be proved or disproved. 3. "Sustained" means the allegations reported are found to have occurred. 4. “Justified” means the conduct complained of did occur, but was necessary and appropriate to accomplish a valid law enforcement objective. B. A majority vote must exist to determine any finding. If a majority vote cannot be obtained after subsequent discussion and votes, the Chairman will make the final decision. C. Following a finding of "Sustained," a discussion shall be held to determine a recommendation for disciplinary action or other remedy. The discussion should include: 1. Past practices or similar issues; 2. Legal aspects of issues involved; 3. Established guidelines or policies concerning escalating discipline affecting the issue; and 4. Past disciplinary record of the respondent. 5. Other remedies or alternative courses of action directed towards a behavior adjustment or awareness on the part of the officer include, but are not limited to: a. Retraining courses, especially for pattern violations; b. Job relocation, either temporary or permanent; or c. Psychological and/or fit for duty evaluation and recommendation. D. The Chairman shall call for a vote by written secret ballot on the form provided for that purpose. The voting process adheres to the following guidelines: 1. Each Board member lists a recommendation without influence from the others; a. Written Counseling b. Written Reprimand c. Suspension General Manual Procedures – Section 300 Administrative Procedures Page 14 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures d. Indefinite Suspension e. No Disciplinary Action/Other (Chief MUST approve this before adoption. It is a recommendation made by CARB members) 2. A majority vote controls; 3. Subsequent discussion and votes are conducted as necessary; and 4. Failure to achieve a majority decision is reflected on the record and submitted to the Chief of Police. E. The Chairman shall record the results and the recommendation of each Board separately and submits the necessary reports to the Chief of Police for final approval. The recommendations of each Board are advisory in nature and non-binding on the Chief of Police..17 CRASH EVALUATION AND REVIEW BOARD A. The Crash Evaluation and Review Board is designed to review all cases involving city (police) motor vehicle crashes involving sworn members. B. The Crash Evaluation and Review Board shall consist of sworn members, as specified in the current Collective Bargaining Agreement. C. Membership is open to any officer that has completed their initial probationary period and has not incurred a suspension during the previous twelve months. D. A quorum consists of three (3) members. E. Each member has one (1) vote. F. All sworn members vote regardless of the rank of the respondent. G. A sworn member is excused from voting on any case in which he is a respondent, has participated in, or has witnessed. H. The Chief of Police may allow the follow to attend the City Vehicle Accident Advisory Action Board meeting: 1. A San Antonio Police Officer’s Association representative; 2. The Police Legal Advisor; 3. A Homicide Unit representative; and 4. City of San Antonio Risk Management Representative. I. Each sworn member of the Crash Evaluation and Review Board and attendees shall sign a pledge of confidentiality agreeing to maintain the right of privacy for the accused sworn member and hold in confidence all allegations, facts, testimony, and evidence brought before the Board. However, an attending SAPOA representative retains the right to discuss the matters of the CVAAB meeting with the SAPOA executive board, with the expressed purpose and only to the extent that a grievable issue comes into question. J. The responsibilities of all members of the Crash Evaluation and Review Board shall be the same as those of the Police Advisory Action Board as outlined in Sections.10D and.11 of this procedure. General Manual Procedures – Section 300 Administrative Procedures Page 15 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures.18 CITY VEHICLE ACCIDENT CASE FINDINGS A. A vote shall be taken to determine a finding in the case. This finding is to be either non-chargeable or chargeable 1. "Non-chargeable" means the sworn member exercised reasonable care and caution, the same care and caution that would be exercised by an ordinary and prudent person in the same circumstances as the sworn member, in the operation of the city vehicle. 2. "Chargeable" means the sworn member failed to exercise reasonable care in the operation of the city vehicle, deviated from established driving practices, and was the major cause of the crash. B. A majority vote must determine any finding. If a majority vote cannot be obtained after subsequent discussion and votes, the Chairman will make the final decision. C. Following a finding of "Chargeable" a discussion is held and information is presented to assign a point value to the crash. D. Point assessment for sworn members involved in police vehicle crashes is based on the following criteria: 1. Non-chargeable (0 points) 2. Chargeable (2 points) E. Additional points are added to all "Chargeable" crashes based on the severity of the crash as follows: F. 1. Damage to the city vehicle that is above $15,000 or renders the vehicle a total loss. (2 points) The damage is based on documentation provided by the Police Garage. 2. Damage to the city vehicle that exceeds $5,000 but not $15,000 in repair costs but does not render the vehicle a total loss. The damage is based on documentation provided by the Police Garage. (1 point) 3. The crash resulted in serious bodily injury, excluding death, to any person(s). (minimum 2 points) "Serious Bodily Injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 4. The crash resulted in bodily injury to any person(s). (1 point) “Bodily Injury” means physical pain, illness, or any impairment of physical condition. 5. If unsafe speed and/or operation is determined to be a contributing factors. are found (minimum 1 point) (Uunsafe speed and/or operation are determined by the investigating supervisor’s crash investigation, from the findings of a Traffic Investigation Detail investigation, and/or on recommendation from the findings of the Crash Evaluation and Review Board). 6. If a Chargeable crash results in a death, no point value is assessed. The Chief of Police administers whatever discipline he deems appropriate. Following the assessment of a point value to the crash: 1. The Homicide Unit representative shall give the point assessment for each Chargeable crash the sworn member was involved in during the preceding twenty-four (24) months (each crash not exceeding two (2) points total will be removed from consideration for the sworn member’s cumulative point assessment total after twelve (12) months). General Manual Procedures – Section 300 Administrative Procedures Page 16 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures 2. The Board shall then calculate the total point assessment for the sworn member. This total is derived by adding the point assessment for the crash under review and the point assessment for crashes the sworn member was charged with as reported by the Homicide Unit representative in accordance with.16F1. 3. Calculations are based on the date of the crash, not the Board ruling date. G. Based on the sworn member's cumulative point assessment total, the Board recommends disciplinary action to the Chief of Police as follows: 1. 1 to 2 points - Written Counseling 2. 3 points - Written Reprimand 3. 4 points - One (1) day suspension 4. 5 points - Three (3) day suspension 5. 6 points - Five (5) day suspension 6. 7 points - Ten (10) day suspension 7. 8 points or more - A minimum fifteen (15) day suspension with the possibility of an indefinite suspension or job reassignment for numerous crashes within the twenty-four (24) month period. If the sworn member is charged with Manslaughter, Intoxicated Manslaughter, Intoxicated Assault, Criminal Negligent Homicide, Failure to Stop and Render Aid, or Driving While Intoxicated as a result of the crash, the recommended disciplinary action shall be "temporary suspension" until the disposition of the charge. H. The Homicide Unit representative shall record the findings and point assessments in the sworn member's departmental driving record file. I. The Chairman shall record the results and the recommendation of the Board and submits the necessary reports to the Chief of Police with copies to the Internal Affairs Unit. The recommendations of the Board are advisory in nature and are non-binding on the Chief of Police. J. Any crash that results in a death, regardless of the ruling by the Board, is forwarded to the District Attorney's Office for review..19 DISCIPLINARY IMPLEMENTATION A. Upon completing a review of the recommendations presented by each Board, the Chief of Police shall render a decision as to what disciplinary action, if any, is to be taken. B. With regard to any action other than suspension, the respondent's Division Commander shall ensure proper implementation of the member's disposition. C. Officers involved in two crashes (Chargeable or Chargeable due to Contributory Factors) within a twelve (12) month period will either be placed on special assignment or required to ride double with another officer until they pass a remedial driving course at the Training Academy. The assignment is made by the Chief of Police. D. With regard to suspension, the sworn member shall be given notice of the contemplated disciplinary action in accordance with the current Collective Bargaining Agreement. E. The Chief of Police, after hearing the sworn member's rebuttal, may decide that a change in discipline from the contemplated discipline is proper and implement an alternative form of discipline which may include a suspension. General Manual Procedures – Section 300 Administrative Procedures Page 17 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures F. A record of any type of disciplinary action taken against a member shall be placed in the member's departmental personnel file. G. Any sworn member facing disciplinary action should refer to the current Collective Bargaining Agreement for details related to the initiation of an appeal, time frames, forfeiture of accumulated leave, and scope of the appeal process..20 FLOW CHARTS A. Information Log General Manual Procedures – Section 300 Administrative Procedures Page 18 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures B. Service Complaint General Manual Procedures – Section 300 Administrative Procedures Page 19 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures C. Line Complaint General Manual Procedures – Section 300 Administrative Procedures Page 20 of 24 Effective Date: January 31, 2017 San Antonio Police Department GENERAL MANUAL Procedure 303 – Disciplinary Procedures D. Formal Complaint LINE COMPLAINTS FORMAL