2024 Testable Policies.pdf

2024 Promotional Process Lexington Police Department Policies Government Policies CAO 4R Travel Policy And Procedures CAO 8R Open Records Policy CAO 5R Policy And Procedure For Harassment Complaints CAO 8R Open Records Policy CAO 38R Policy On Accep...

2024 Promotional Process Lexington Police Department Policies Government Policies CAO 4R Travel Policy And Procedures CAO 8R Open Records Policy CAO 5R Policy And Procedure For Harassment Complaints CAO 8R Open Records Policy CAO 38R Policy On Acceptance Of Gifts Executive Orders EO 2020‐02 Police Officer Support Team (POST) EO 2020‐03 Documenting Searches and Handcuffing EO 2021‐01 Use of Recording Devices EO 2023‐01 Facial Hair Guidelines EO 2023‐02 Nameplate, Banquet Awards, and Bureau Bars Placement General Orders GO 1973‐01N Written Directives GO 1973‐02L Disciplinary Procedures of Sworn Officers GO 1973‐03T Operation and Maintenance of Department Vehicles GO 1973‐05DD Personal Appearance of Sworn Officers GO 1973‐15M Off‐Duty Employment GO 1976‐01F Responding to Alarms GO 1977‐01H Police Radio Procedure GO 1977‐02J Case Preparation GO 1978‐01H Legal Process GO 1978‐03D Fiscal Management‐ Purchasing Procedure GO 1978‐08G Department Owned Property GO 1979‐01I Vehicle Procedures GO 1982‐05H Asset Forfeiture Procedures GO 1983‐03F Critical Incidents GO 1984‐02F Court Attendance and Court Liaison GO 1988‐02F Juvenile Procedures GO 1991‐02L Response to Resistance GO 1991‐03C Informants and Undercover Funds GO 1991‐05I Report Procedures GO 1991‐07F Collection and Preservation of Evidence GO 1991‐13M Property and Evidence Procedures GO 1992‐01H Traffic Administration and Support Services GO 1992‐02J Traffic Law Enforcement GO 1992‐03I Traffic Collision Investigation GO 1992‐04H Traffic Direction and Control GO 1992‐07K Compensation, Benefits and Conditions of Work GO 1992‐08B Inspections GO 1992‐10G Public Information GO 1992‐11E Community Services GO 1992‐12D Training and Recruiting GO 1992‐13G Temporary Detention and Interview Rooms GO 1993‐01M Department Authority, Goals and Objectives GO 1993‐06C Career Development GO 1993‐07G Victim And Witness Assistance GO 1994‐01C Drug Law Enforcement GO 1994‐02C Domestic/Dating Violence and Abuse GO 1999‐03D Personnel Files Maintenance GO 2000‐02D Unbiased Policing GO 2000‐03E Strip and Body Cavity Searches GO 2002‐01C Active Shooter Incidents GO 2003‐01D Special Event Planning GO 2005‐01A Interacting with Persons Affected by Mental Illness or in Crisis GO 2005‐02C Funeral Protocol GO 2005‐03A Collective Bargaining GO 2007‐01D Incident Notification Procedures GO 2008‐01A Language Access Plan GO 2008‐02A Hostage And Barricaded Persons Situations GO 2011‐01A Social Media GO 2011‐02L Weapons Policy GO 2011‐04B Foot Pursuits GO 2011‐05B Grievance Procedure GO 2011‐06C Public Integrity Unit GO 2011‐07A Safe Placement Alternatives for Newborn Infants GO 2011‐08F Emergency and Pursuit Driving GO 2012‐01A Selection, Promotion and Performance Appraisals GO 2013‐03 Interactions with Transgender Individuals GO 2013‐04A Prison Rape Elimination Act Lockup Standards (PREA) GO 2014‐01B Field Interviews and Terry Frisks GO 2014‐02B Interviews, Interrogations and Confessions GO 2014‐03 Employee Assistance Program GO 2014‐04A Recording Police Activity GO 2015‐01G Safety Officers GO 2015‐02 Mentor Program GO 2015‐03E Canine Procedures GO 2015‐04A Death Scene Investigations GO 2015‐06A Computer Policy GO 2015‐08 National Terrorism Advisory System Alerts Response GO 2015‐09 Needle Exchange Program GO 2015‐10A Military Leave and Deployments GO 2015‐11A Eyewitness Identification GO 2015‐14A Ride‐Along Program GO 2015‐15C Body‐Worn Cameras GO 2016‐01A Naloxone Program GO 2016‐02A Search Warrants GO 2016‐03A Park Safety Program GO 2016‐04C Air Support Unit GO 2016‐05 Crowd Management and Crowd Control GO 2016‐06C Sexual Assault Investigations GO 2017‐01 Americans with Disabilities Act (ADA), Title II GO 2017‐02 Interacting with the Intellectually and Developmentally Disabled GO 2017‐03 Chemical Stockpile Emergency Preparedness Plan (CSEPP) GO 2018‐01 Public Nuisance Offenses GO 2018‐02 Bomb Threats and Incidents GO 2018‐04B Missing Persons GO 2019‐01 Field Training Program GO 2019‐02 Hate Crimes GO 2019‐03A Human Trafficking GO 2022‐01A License Plate Readers GO 2023‐01 Video Management System GO 2024‐01 Facial Recognition Special Orders SO 1993‐10B Incident Command System SO 1993‐10B Incident Command System Appendix A SO 1993‐12C Agency Jurisdiction And Mutual Aid SO 1993‐15A Evacuation SO 1993‐18B Aircraft Crash SO 1993‐19 Severe Weather Occurrences SO 2001‐01A Public Safety Agency Response to Weapons of Mass Destruction SO 2005‐02A USPS Biological Detection System Alert SO 2011‐04 Assisting the Division of Fire and Emergency Services SO 2011‐04 Assisting the Division of Fire and Emergency Services Appendix A SO 2014‐02 Next of Kin Notifications SO 2014‐04 Inspection of Licensed ABC Establishments  Lexington Police Department Lexington, Kentucky CHIEF ADMINISTRATIVE OFFICE POLICY COVER PAGE(S) BY THE AUTHORITY OF THE CHIEF OF POLICE CAO Policy 4R Travel Policy and Procedures COVER PAGE(S) Effective Date: 10/04/19 CAO POLICY Date of Issue: 10/02/19 Distribution All Department Employees The attached CAO Policy 4R “Travel Policy and Procedures” is issued by the authority of the Chief Administrative Officer of the Urban County Government. This CAO Policy is applicable to all employees of the Lexington Police Department, as are the additional guidelines contained in these cover pages. Any department employee requesting approval to travel on official business shall, prior to travel, complete the first page of the Travel Authorization and Advance Request Form (Form 211-16). The employee will sign Section #1 (Travel Authorization), and also sign and date the block at the bottom of Section #2 (Travel Advance Request). A Travel Authorization and Advance Request Form (hereafter referred to as the Travel Form) must be submitted requesting authorization of any out of state travel, including in a department vehicle, or for any travel within Kentucky if there will be any expenses other than for fuel. The appropriate Assistant Chief, or designee, will include a cover memo with all Travel Forms. The Assistant Chief, or designee, will consider whether the employee has recently attended other outside training or events, and the availability of another equally beneficial training opportunity or event closer to Lexington, prior to approving and submitting the Travel Form and cover memo. Electronic copies of all Travel Forms, cover memos, and supporting documentation of estimated expenses (including registration fees, lodging and transportation) should be e-mailed to the Office of the Chief. Signed hard copies of the Travel Forms, the cover memo and supporting documentation of estimated expenses (currently required by the Division of Accounting) should also be forwarded, via the chain of command, to the Office of the Chief. Travel Forms should be submitted as soon as possible, as the review and approval process involves other LFUCG personnel prior to final processing by the Division of Accounting. Prompt submission of Travel Forms also facilitates access to more economical airfares and to meeting registration deadlines. The preferred timeline for submitting a Travel Form is at least three weeks before the date of travel. Employees should not make any non-refundable reservation or booking until after the Travel Form has been submitted and approved. While last-minute travel is sometimes unavoidable and may ultimately be approved, submission of last-minute Travel Forms should be avoided whenever possible. Employees who have to submit a last- minute Travel Form will likely receive travel reimbursement when they return, rather than in advance of their travel. CAO Policy 4R Travel Policy and Procedures Page 2 of 3 Travel to a destination within an eight hour driving radius of Lexington will ordinarily be done via a trip car, unless the employee provides documentation that another mode of travel would be the most economical mode of transportation available. The department discourages the use of employees’ personally-owned vehicles as part of any LFUCG- approved travel, as pool cars and trip cars are readily available to all employees for use during this travel. Any employee who opts to use their personally-owned vehicle during LFUCG-approved travel will not be reimbursed mileage for the use of their vehicle, and also will not be reimbursed for fuel during such travel. Car rental requests will be closely scrutinized. Bureau Assistant Chiefs, or designees, should carefully evaluate Travel Forms that include a car rental request before forwarding them to the Office of the Chief, with consideration given to the following: * Access to complimentary hotel shuttle service * The host agency or entity is providing courtesy transportation * The lodging (hotel) is also the event location, or is very close to the event location * The event location is in a remote area * The cost of a rental car compared to taxi fares or airport shuttles * The number of employees traveling to the same destination Rental cars will be approved only if the cost of the rental car is demonstrated to be a reasonable and necessary transportation expense as part of attending the training or other event. Alternatively, taxi fares to and from the airport are reimbursable if hiring a taxi is deemed to be the most practical transportation option. The LFUCG will not pay reimbursement for a rental car or for a taxi hire for transportation to non-event related meals or for sightseeing. Below are further explanations of various sections of the Travel Authorization and Advance Request Form (Form 211-16): *Estimated Cost to the Urban County Government If the only cost to the LFUCG will be fuel in an LFUCG-owned vehicle charged to a LFUCG fuel card, note the estimated cost in this section. Do not indicate “no cost” when fuel will be charged to a fuel card. Note: If some other entity is absorbing the cost of all expenses, (such as grants or another agency) please indicate same in this section so that those responsible to review the Travel Form and to approve the travel request will have this information available. * Airfares Commercial airline travel will only be considered to destinations farther than an eight hour driving radius of Lexington, unless the employee provides proper documentation that airline travel would be the most economical mode of transportation available. A printed price quote from the commercial airline carrier must be included with the Travel Form.  CAO Policy 4R Travel Policy and Procedures Page 3 of 3 Employees are responsible to make their own airline reservations once the Travel Form is approved. Any employee who opts to risk making an airline reservation prior to the Travel Form being approved will not be reimbursed by the LFUCG for the cost of the airline ticket, or for any associated cancellation or rebooking fees or penalties, if the Travel Form is denied. * Lodging Employees are responsible to make their own lodging reservations once the Travel Form is approved. * Registration Fees If a registration fee must be paid in advance of the employee’s travel, clearly indicate to whom the registration fee check should be issued and provide the mailing address. Employees are responsible to complete event registration once the Travel Form is approved. * Other This section should include estimates of taxi fares, car rental, parking fees, books, tolls or other anticipated expenditures. Travel Advances and Travel Reconciliation A travel advance check will be sent to the employee, by way of the Fiscal Office, one to two weeks prior to travel when the Travel Form has been submitted in a timely manner. To reconcile the expenses of the travel the employee will, within 15 days after returning from a travel event, forward the completed Section #3 (Expense Report) of the Travel Form and the required receipts to the Fiscal Office. Receipts that must be provided with the completed Section #3 (Expense Report) include for parking, taxis, toll roads, lodging, airfare, fuel, registration, and for other reimbursable incurred expenditures. The employee should email the completed Section #3 (Expense Report) of the Travel Form to the Fiscal Office for initial review. Employees may contact the Office of the Chief and the Fiscal Officer with any questions regarding Travel Forms, travel advances, travel reimbursement and travel reconciliation. NOTE: CAO Policy 4R “Travel Policy and Procedures” begins on the next page.  Lexington Police Department Lexington, Kentucky CHIEF ADMINISTRATIVE OFFICE POLICY COVER PAGE(S) BY THE AUTHORITY OF THE CHIEF OF POLICE CAO Policy 5R Policy and Procedure for Harassment Complaints COVER PAGE(S) Effective Date: 09/05/18 CAO POLICY Date of Issue: 07/01/06 Distribution All Department Employees The attached CAO Policy 5R Policy and Procedure for Harassment Complaints is issued by the authority of the Chief Administrative Officer of the Urban County Government. All employees shall be responsible for compliance with the content of this policy. CAO Policy 5R Policy and Procedure for Harassment Complaints (Excerpt): “Purely voluntary personal or social relationships between employees are not prohibited. Personal relationships between supervisors and any employee they supervise are strongly discouraged. Because it is sometimes difficult to determine whether a particular action or incident arose in a voluntary personal relationship or in a prohibited sexual harassment setting, the facts of each case must be examined carefully. Supervisors must realize, however, that their attention must be welcomed by the employee, not merely tolerated, in order to shield them from liability.” Nothing in this CAO Policy precludes the department from taking additional disciplinary action regarding the conduct of sworn officers as outlined in General Order series 1973-02, Disciplinary Procedures of Sworn Officers. NOTE: CAO Policy 5R “Policy and Procedure for Harassment Complaints” begins on the next page. POLICY MEMORANDUM 4/16/97 NA 5R 2/11/04 revised 7/01/06 revised Subject: TO: ALL Divisions and Departments Policy and Procedure for Harassment Complaints SIGNATURE: COMMENTS: It continues to be the policy of the Lexington-Fayette Urban County Government that unlawful harassment of its employees in any form is prohibited. The Urban County Government is committed to providing and maintaining a work environment that is free of unlawful harassment in compliance with local, state, and federal regulatory requirements. Workplace harassment prohibited by this policy is defined as unwelcome verbal or physical conduct that slanders or shows hostility toward an individual because of their race, color, religion, national origin, age, disability, gender, gender identity, or sexual orientation, or any other factor that is prohibited by applicable law, and which has the purpose or effect of creating a hostile or intimidating environment and/or which interferes with an individual’s work performance or employment opportunities. Workplace harassment also occurs when an employee is forced to choose between submitting to harassment and some unfavorable job consequence such as not being hired, being discharged, or losing a promotion. Verbal threats that are not carried out may also constitute harassment. Such behavior is prohibited whether between supervisors and employees, among co-workers, or directed at Urban County Government employees by non-employees and may consist of, but is not limited to the following: 1. Hostile environment harassment: Generally involves unwelcome comments or actions that relate to an employee’s race, color, gender, religion, national origin, or other protected classification, intended to affect the employee’s psychological well being at work and/or which creates an offensive or hostile work environment. Examples of prohibited behavior include, but are not limited to: Racial or ethnic slurs. Written or graphic material which shows hostility or ridicule toward an individual or group. Jokes which are demeaning to a racial or religious group or to a particular nationality, gender, or other protected group of persons. Hazing which can include humiliation, practical jokes, and horseplay. Other behavior which is intended to create a hostile, intimidating work environment. 2. Sexual harassment: Generally involves unwelcome verbal or physical conduct of a sexual nature and occurs when (1) submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Examples of prohibited behavior include, but are not limited to: Demands for sexual favors accompanied by threats concerning an individual’s employment status. Demands for sexual favors accompanied by promises of special treatment concerning an individual’s employment status. Verbal, written, or graphic communications of a sexual nature. Unwelcome physical touching including patting, pinching, or other unnecessary/unwelcome contact with another’s body. Offensive comments, jokes, innuendoes.  Other sexually-oriented statements and sexual conduct that has the purpose, intent, or effect of interfering with an individual’s work performance or which creates an intimidating, hostile, or offensive work environment. o Purely voluntary personal or social relationships between employees are not prohibited. Personal relationships between supervisors and any employee they supervise are strongly discouraged. Because it is sometimes difficult to determine whether a particular action or incident arose in a voluntary personal relationship or in a prohibited sexual harassment setting, the facts of each case must be examined carefully. Supervisors must realize, however, that their attention must be welcomed by the employee, not merely tolerated, in order to shield them from liability. Any employee with questions or concerns about any type of harassment in the workplace or who believes he or she has been the subject of harassment or who has witnessed another employee as the subject of harassment should report the alleged problem immediately to the Division of Human Resources, Employee Relations Section. Employees are not required to first complain to the person they allege is the cause of the problem, nor are they required to complain to their supervisor, division director, or commissioner. However, should a supervisor, division director, or commissioner receive a complaint of harassment, he or she will be required to report the alleged problem immediately to the Division of Human Resources, Employee Relations Section and take no immediate action pending the advice of the Division of Human Resources, Employee Relations Section. All investigations of alleged harassment will be conducted by the Division of Human Resources, Employee Relations Section. All reports will be treated as serious in nature. Once a report of a violation of this policy is received, it will be promptly and thoroughly investigated. Delays in reporting a complaint may hinder investigative procedures. An investigation may include witness interviews and statements concerning the complaint. As much confidentiality as possible will be maintained during the investigation. As a reminder, an employee is never required to file a complaint with the person against whom the complaint is directed. Retaliation against an employee for filing a bona fide complaint under this policy or for assisting in an investigation of a potential violation of this policy is strictly prohibited and should be reported. Similarly, all employees must realize that this policy does not support false accusations. Any supervisor or employee who has been found, after appropriate investigation, to have harassed another employee or to have violated any portion(s) of this policy will be subject to appropriate disciplinary action up to and including charges being filed for dismissal. To ensure understanding of and compliance with this policy, the Lexington-Fayette Urban County Government will provide regular, periodic training for employees about harassment in the work place. Every employee shall receive a copy of this memorandum and a copy shall be posted on bulletin boards in each division.  Lexington Police Department Lexington, Kentucky CHIEF ADMINISTRATIVE OFFICE POLICY COVER PAGE BY THE AUTHORITY OF THE CHIEF OF POLICE CAO Policy 8R Open Records Policy COVER PAGE(S) Effective Date: 05/05/22 CAO POLICY Date of Issue: 06/29/21 Distribution All Department Employees The attached CAO Policy 8R Open Records Policy is issued by the authority of the Chief Administrative Officer of the Urban County Government. Note: The privacy exemption listed in Section III 1. involving redacting employee numbers does not apply to officers and safety officers, since their employee number also serves as their badge number on multiple reports, citations, and other public documents. This CAO Policy, with the clarification noted above, is applicable to all employees of the Lexington Police Department. NOTE: CAO Policy 8R Open Records Policy begins on the next page. Chief Administrative Office Date of Issue Expiration Date No. July 23, 1997 NA 8R Policy Memorandum Revised December 15, 2004 December 11, 2013 August 4, 2020 November 2, 2020 June 29, 2021 To Subject All Divisions and Departments Open Records Policy :~~-- 1. OPEN RECORDS REQUEST- IN GENERAL 1. The Open Records Act is based upon the public's right to expect its agencies to execute their statutory functions. A policy of disclosure provides the impetus to review whether public servants are indeed serving the public. The purpose of the disclosure focuses on the public's right to be informed as to what the government is doing by monitoring the effectiveness of the government agency. 2. The public's right to know is limited through exemptions established by statute. Private individuals have the right to live their lives without unwarranted interference by the public about matters in which the public is not necessarily concerned. The purpose of the Open Records Act is not fostered by revealing information about the private lives of individuals that reveal little or nothing about a government agency's conduct. Other reasons for limited disclosure include protection of an agency's decision-making process by encouraging the free exchange of opinions and ideas; protection of confidential and proprietary business records disclosed by private businesses to a government agency; and protection of taxpayer money regarding purchase and sale of real estate. 3. Each department, division and office shall designate a records custodian and a back-up records custodian. The records custodian shall be in charge of fully responding to open records requests that relate to their division. The Department of Law will assist in interpreting the requirements of the Open Records Act and in formulating responses, but the designated custodian shall be primarily responsible for making timely responses to requests and for gathering and redacting documents. The names of records custodians and back-up records custodians shall be submitted to the Council Clerk. The Council Clerk shall be notified when there is a change in the records custodian or back-up custodian. A back-up records custodian shall be designated because it is not a proper excuse for a delayed response that the primary custodian is out of the office. Policy Memorandum #8R Open Records Policy Page- 2- 4. Ordinances, resolutions, executed contracts, opened bids, handbooks, training materials (unless they relate to jail or police security), time records, work orders, accounts payable, material discussed or adopted at an open session of a public meeting, employee disciplinary actions, and employee gross salaries, are examples of Government records which must be made available upon any request. 5. Oral requests are not formal open records requests under the law. If you receive an oral request for a document that you are certain is open for inspection or can verify its status quickly, release the document without requiring a written open records request. A written response is not required to this type of request. Oral requests should only be responded to when it is absolutely certain the responsive document is nonexempt and the document is readily available. If there is a question concerning exempt or nonexempt status of a document, ask that the requestor put the request in writing. It is not proper.to allow a requestor to review the document and then require a written request be filed in order to get a copy. 6. Each records custodian shall keep an open records log documenting the open records requests their division receives. The log shall contain the date the request was received, the assigned log number, the name of the requestor, a brief explanation of the request, and the date or dates a responsive letter was sent. A file of the requests received with responsive correspondence, including em ails if the request or responsive correspondence was sent via email, shall be maintained in numerical order by log number. This makes reference fairly easy when multiple requestors request the same documents. Logs shall be retained for five (5) years pursuant to the records retention policy. Open records requests and responsive correspondence shall be retained for one (1) year. 7. Generally, the identity of the requestor or the reason a party requests a record is not material unless a request is made for a commercial purpose. However, in order to be entitled to inspect records under the Open Records Act, a requestor must be a resident of the Commonwealth. "Resident of the Commonwealth" means: A. An individual residing in the Commonwealth; B. A domestic business entity with a location in the Commonwealth; C. A foreign business entity registered with the Secretary of State; D. An individual that is employed and works at a location or locations within the Commonwealth; E. An individual or business entity that owns real property within the Commonwealth; F. Any individual or business entity that has been authorized to act on behalf of an individual or business entity as defined above; or G. A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.  Policy Memorandum #8R Open Records Policy Page- 3- An open records request must include a statement from the requestor explaining the manner in which the requestor is a resident of the Commonwealth. If a request is received that does not include the statement, a response should be sent asking the requestor to provide the statement. If a requestor is not a resident of the Commonwealth, the response should state that the request is denied because the requestor is not a resident. If there is a question about whether or not a requestor is a resident, please contact the Department of Law. 8. The Government charges for copies are as follows: A. Photocopies - 10 cents per page. B. Oversize copies- the actual cost. C. Photographs- $5 per print (police) or actual cost. D. Video or audio- the actual cost of the disc.* E. Computer disc transfer - the actual cost of the disc.* F. Mailed copies - 10 cents per page plus postage (no administrative costs). G. There shall be no cost for records sent via email. *No cost if the requestor provides the CD or DVD. II. OPEN RECORDS REQUEST PROCEDURE 1. Open records requests will be accepted in written form by mail carrier, fax, hand- delivery, or through electronic means (email or electronic form). 2. Electronic requests shall be submitted through one of the methods provided on LFUCG's open records website (httbs://www.lexingtonky.gov/open-records- request). Requestors will be given the option of submitting a request via the electronic form provided on the website; or by emailing the form provided by the Attorney General (which will be available on the website) to the email address of the LFUCG records custodian; or via written request to the email address of the LFUCG records custodian. The email address for submission of open records requests is [email protected]. 3. Responses to written requests shall be in writing and sent by mail, fax, or email within five business days pursuant to KRS 61.880(1 ). The day the request is received does not count as one of the five business days. (Example: If a request is received on Monday, the first day is Tuesday, the second day is Wednesday, the third day is Thursday, the fourth day is Friday, and the fifth day- the response due day- is Monday.) 4. Any written response or letter to the requestor described in this policy may be sent via email, if the requestor provides an email address. However, it must be in Policy Memorandum #8R Open Records Policy Page- 4- PDF form attached to the email in the same letter format as a response sent via mail or fax, with the body of the email directing the requestor to the attachment. 5. If your division receives an open records request that does not pertain to your division or you receive an open records request that pertains to your division but are not your division's record custodian, please immediately forward the request to the proper division's record custodian, as the response time begins when any division of the LFUCG receives the request. The requirement of providing a written response within five days is not met by notifying the requestor that a request was forwarded to another division for a response. The proper division must respond within five days of the initial receipt of the request. 6. Furthermore, as open records requests via email should be submitted to the email address provided in paragraph 2 of this section, if an employee receives a request via email from the public, please immediately respond to the request by stating "Per its Open Records Policy (CAO Policy 8R), the Lexington-Fayette Urban County Government only accepts email requests for records under the Kentucky Open Records Act via the methods provided in CAO Policy 8R, Section II, paragraph 2, and as detailed on the website located at https://www.lexingtonky.gov/open-records-request. If you would like to submit a request electronically, you must use these methods. Otherwise, LFUCG also accepts requests for records via mail, hand-delivery, or fax." 7. If a division receives an open records request and the Urban County Government is not the official custodian of the requested records, (for example, records maintained by the Health Department or County Clerk) the division shall send a written response within five (5) business days to the requestor stating that the LFUCG is not the official custodian and furnishing the requestor with the name and address of the official custodian. 8. If the records requested are voluminous or are stored in the Records and Archives Center, a response must be sent to the requestor within five business days after the request was received stating that "Due to the voluminous nature of your request, and the fact that the records are not centrally located, it will take some time to process your request. Documents responsive to your request will be available for inspection on [ENTER DATE DOCUMENTS WILL BE AVAILABLE]. At that time, all nonexempt documents will be made available for your inspection. If, due to some unforeseen circumstance, the records cannot be made available at that time, we will update you via letter with the correct date documents will be available for inspection." After your initial letter, a follow up letter informing the requestor that all nonexempt documents are available or providing the correct date all non-exempt documents will be available must be sent on the date provided in the previous correspondence. This type of response is to be used only if the request is voluminous and the records are not centrally located. It is not to be used on every request to extend the response time. Policy Memorandum #8R Open Records Policy Page-s- 9. If at all possible, original documents shall be made available for inspection during regular business hours at the division office. A PDF version of the documents may also be emailed if the requestor provides an email address. However, if the documents are unable to be emailed, due to email size limitations, for example, they must be made available for in-person inspection or mailed if the requester lives outside Fayette County as provided in paragraph 12. Faxing documents to requestors is not permitted. It is not a proper response to refer a requestor to a website, though a response may include a statement that the documents are available on a website. Hard copies must be provided to the requestor during the regular business hours at the division office. A requestor is not required to make an appointment to inspect the documents, but as a courtesy, you may ask them to do so. The original documents are to be inspected at the division office and shall not leave the office. 10. If a requestor wants copies of the documents to take with them, calculate the copying charge pursuant to paragraph 8 in the General Comments section, take payment by cash or check, then copy the records and give them to the requestor. 11.The requested records should be kept available for inspection for thirty days from the date of the final response sent by the division. In the final response letter it should be stated in the last paragraph, "The records will be available for your inspection for thirty days. If the records are not inspected within the allowed thirty days, they will be returned to the filing system and the matter will be considered closed." If a requestor does not inspect the records within thirty days, and at a later date requests to inspect the same records, this request may be denied as a duplicate request pursuant to 97 -ORD-153 and 95-0RD-1 05. Please contact the Department of Law if this situation arises. 12.KRS 61.872(3)(a) provides that persons who live in Fayette County may inspect public records during regular office hours of the public agency. Pursuant to KRS 61.872(3)(b), if a person lives outside of Fayette County, the division's response describing the available documents should state, pursuant to KRS 61.872(3)(b), "Since you live outside of Fayette County, you may receive your documents by mail upon the Government's receipt of the copying and mailing costs." This means that once the documents have been located the following steps should be taken: Letter to requestor outside of Fayette County stating the records are available for inspection and will be mailed to them once a check for the copying costs and the postage costs has been received. Add these two items together for a total cost. Once payment has been received, make copies of the documents and mail them to the requestor. Those located outside Fayette County may also receive available documents via email, if the requestor provides an email address. Policy Memorandum #8R Open Records Policy Page- 6- 13.1f an open records request is made for a commercial purpose, the requestor must so state in the request. If an open records request is received that appears to be for a commercial purpose, but does not so state in the request, the immediate response should state that the request cannot be processed until it is determined if the request is being made for a commercial purpose pursuant to KRS 61.874. A "commercial purpose" means the use of any part of a public record in any form for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary or a fee. KRS 61.870(4)(a). Commercial purpose does not include use by media or use by attorneys for litigation. 14.1f you receive a request involving a commercial purpose, keep track of the time spent working on the request and charge your salary rate X the number of hours spent working on the response to the request to the requestor. KRS 61.874(4)(c). 15.1f you believe the requestor is using the documents for a commercial purpose without stating so after you have requested that they state the commercial purpose, please contact the Department of Law. 16.AII requests shall be answered by the division pertaining to the subject matter of that request. Any questions may be addressed by the division to the Department of Law. 17.1f any division receives an open records request from the media, forward a copy of the request and your response to the Department of Law and the Mayor's Director of Communications. If any questions arise, contact the Law Department. 18. If you receive an open records request in which the Urban County Government is a party to litigation, forward it to the Department of Law immediately. 19.1f an exemption is used to deny the inspection of certain documents, the specific statutory exception shall be cited in the response and a brief explanation of how the exception applies to the record withheld shall be given. An example is, if you redact social security numbers and home addresses from a record, your letter should state "Pursuant to the privacy exemption in KRS 61.878(1)(a), social security numbers and home addresses have been redacted from the documents provided to you." 20. The Attorney General has stated that agencies do not have to provide documents that do not exist, nor honor requests for information as opposed to requests for described documents, nor create records that do not already exist in order to answer questions, nor are they required to do research to make lists or compile information to answer questions. 00-0RD-04, 99-0RD-71, 01-0RD-216. This response should be used if a requestor asks questions rather than requesting to inspect documents. The Urban County Government is not required to explain or Policy Memorandum #8R Open Records Policy Page- 7- answer questions regarding the documents. The documents need to be provided to the requestor for their review and to draw their own conclusions. However, it is permissible to explain the documents to the requestor if you choose to do so. 21. Raw data which may be organized by a query may be provided in a response to an open records request. If providing the data requires a computer program to be written, the requestor should be notified that a special program would have to be written to create documents responsive to the request; be given an estimate of the time needed to create the program; and be provided an estimate for the total cost of the creation of the program (time spent creating the program X $50.00 per hour). The requestor must send in payment before the program is written. We do not want to get into the instances of writing programs, creating documents, and then the requestor deciding not to pay for the creation of the documents. A "query" is manipulation of data fields by general personnel in the Urban County Government. The "computer program" is a specific program that must be written by a computer analyst in the Division of Computer Services. 22. We often receive requests for documents which we possess but which are not indexed in the manner the requestor asks for them. An example of this is when a requestor asks for documents regarding properties owned by Mr. X. If the responding division indexes their records by address and not by name of the property owner, the proper response to the requestor is, "The records are not indexed in the manner in which you requested them," and inform the requestor how the records are indexed. 23. The Attorney General has stated that a request for "any and all records" which contain a name, a term or a phrase is not a properly framed open records request, and that it generally need not be honored. Such a request places an unreasonable burden on the agency to produce often incalculable numbers of widely dispersed and ill-defined public records. 00-0RD-132. Furthermore, the Attorney General has stated that the Open Records Act was not intended to provide a requestor with particular information or to require public agencies to compile information to conform to the parameters of a given request. 00-0RD-07. If such a request is received, a proper response would include: "The Government cannot ascertain the nature and scope of your request. Unless your request is clarified, innumerable employee hours will be spent searching for undefined records. Once your request is clarified, a search can be conducted. Requests that place an unreasonable burden on a public agency need not be honored. KRS 61.872(6)." Examples of this type of request would be a request to inspect "all documents regarding 200 East Main Street, Lexington, Kentucky," or "all documents regarding Mr. X." 24. Sometimes requestors submit requests that contain an overly broad request, but do describe some documents with reasonable particularity. An example is all documents regarding 200 East Main Street, including but not limited to, code Policy Memorandum #BR Open Records Policy Page-s- violations and nuisance liens. For this type of request, the above-referenced paragraph may be used with an additional paragraph which states that documents have been identified that are responsive to the request regarding code violations and nuisances liens, and that the rest of their request cannot be processed until the request is clarified. 25. Document requests must specify a timeframe for the documents to be inspected. If no timeframe is stated in the request, respond to the requestor asking for a timeframe. 26. E-mail -As more and more employees are hooked into the Local Area Network, messages between and among employees will raise open records questions. Most E-mail messages constitute preliminary notes and could be excluded from inspection by KRS 61.878 (1 )(i). If the E-mail reflects final action, it would be subject to inspection. Pursuant to KRS 61.878(1 )(r), communications of a purely personal nature unrelated to any governmental function are exempt from public inspection. Ill. OPEN RECORDS EXEMPTIONS The Open Records Act allows public agencies to prohibit inspection of all or a portion of documents in certain situations. The list below contains examples of some government records, which may be excluded from inspection. 1. KRS 61 878(1 )(a): Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. This "privacy exemption" involves the release of information that constitutes an unwarranted invasion of personal privacy. The purpose of the Open Records Act is not fostered by the disclosure of information about private individuals that is accumulated in various government files that reveal little or nothing about an agency's own conduct. The relevant public interest supporting the disclosure in this instance is nominal at best. Examples of personal information to be redacted from documents are social security numbers, home addresses, home telephone numbers, date of birth, marital status, grades or scores, work references from Human Resources, performance evaluations, financial information (i.e. deductions, W-2, W-4, payroll deductions), unsuccessful applicants on certified lists of eligible employees, salary or hourly wage at other places of employment outside of government, employee numbers and medical records. Once the personal information has been redacted, the documents may be provided for inspection. Policy Memorandum #BR Open Records Policy Page- 9- 2. KRS 61.878(1 )(c): Records confidentially disclosed to an agency, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records, or which are compiled and maintained in conjunction with a loan or grant or in conjunction with an application for or the administration of assessments, incentives, etc., as described in KRS Chapter 154. The purpose of this exemption is to protect businesses that do business with, or are regulated by, the public agencies from competitive harm that may result from the public disclosure of sensitive and commercial information which is ordinarily not available. If you are unsure whether the information is confidential or proprietary, contact the company that provided the information to determine if they consider the information confidential or proprietary and their basis for considering it confidential. 3. KRS 61.8787(1 )(d): Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the Commonwealth. The purpose of this exemption is to protect and encourage new business locations within a government agency's regional location. 4. KRS 61.878(1 )(f): The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired. The purpose of this exemption is to protect taxpayers' dollars as to property the Government is interested in purchasing. 5. KRS 61.878(1 )(g): Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination before the exam is given or if it is to be given again. The purpose of this exemption is to protect the government from immediately having to revise its testing procedures if the test or scoring keys are made public. Division of Human Resources, safety training or other in-house qualification tests are examples. 6. KRS 61. 878( 1)(h): Records of law enforcement agencies. Policy Memorandum #BR Open Records Policy Page- 10- This exclusion is for active administrative and criminal files. These include witness statements, photographs and other investigative matters. KRS 17.150 also applies to criminal investigations. 7. KRS 61.878(1)(i): Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency. 8. KRS 61.878(1 )G): Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended. These exemptions are intended to protect the integrity of the public agencies' decision-making process by encouraging the free exchange of opinions and ideas and to promote informed and frank discussions of matters of concern to the agency. Should these records be subject to public scrutiny, there would be a chilling effect cast on the ability of the government to function as a system. These exemptions promote an open atmosphere among staff members to express their opinions and give recommendations. It does not matter whether the recommendation or opinion is a first, second or last recommendation. The exemption applies until the government agency has made a final decision and taken final agency action. The preliminary records exceptions embody a policy that the public's right to know and have access to records does not attach until the public is actually affected by the agency action. The public is not affected until a public agency has taken final action. Only the final report, which notifies the public of the final agency action or decision, is available for public inspection. With regard to reports and materials prepared by outside agencies as well as private organizations, the above exemptions may properly be used to withhold these reports from public inspection. Only when the government agency has made a decision whether to accept or reject the report of the outside agency can the document be made available for public inspection. Some preliminary documents lose their exemption if they are adopted as part of an agency's final report or final action. This means the final report or final action of the agency; specifically refers and states that it adopts the preliminary materials. 9. KRS 61.878(1 )(k): All public records and information the disclosure of which is prohibited by federal law or regulation or state law. Policy Memorandum #8R Open Records Policy Page- 11- Those divisions working with federal agencies should be aware of the records covered by this exception. An example is medical records exempt under the Health Insurance Portability and Accountability Act (HIPAA). 10. KRS 61.878(1 )(1): Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly. Accident reports, and juvenile, domestic relations and probation records fit in this category, as do documents qualifying as attorney work product. 11. KRS 61.878(1 )(m): The so-called Homeland Security Exemption exempts documents when their release has a reasonable likelihood of threatening the public safety by exposing a vulnerability in many operational and security areas of government systems. When an open records request is denied pursuant to the Homeland Security Exemption, a copy of the denial along with the original request must be forwarded to the executive director of the Kentucky Office of Homeland Security and the Attorney General. The Department of Law should be contacted when there is belief the Homeland Security Exemption is appropriate. KRS 61.878(2): Documents reflecting statistics are not exempt from inspection even if the underlying document is exempt. The Government's EEOC reporting forms are open records even though the individual forms from which they are gathered are not. Also, tax collection receipts are open records, but individual account information may not be. 12. KRS 61.878(3): Employees have a right to review any documents that relate to them except documents created in the course of an ongoing administrative or criminal investigation. If a file or an individual document contains exempt as well as non-exempt material, it is the burden of the public agency to remove or mask the exempt material. 13. KRS 61.878(5): None of these exclusions prevents the transfer of documents between government agencies for legitimate governmental purposes.  Lexington Police Department Lexington, Kentucky CHIEF ADMINISTRATIVE OFFICE POLICY COVER PAGE(S) BY THE AUTHORITY OF THE CHIEF OF POLICE CAO Policy 38R Policy on Acceptance of Gifts COVER PAGE(S) Effective Date: 05/05/22 CAO POLICY Date of Issue: 05/31/19 Distribution All Department Employees The attached CAO Policy 38R Policy on Acceptance of Gifts is issued by the authority of the Chief Administrative Officer of the Urban County Government. Sworn officers shall comply with GO series 1973-02 Disciplinary Procedures of Sworn Officers Appendix B - Operational Rules 1.03 Seeking or Accepting Gifts, Gratuities, Bribes or Rewards. Department Operational Rules takes precedence over the sections of this CAO policy in most instances involving an attempt to influence an officer’s decisions concerning arrest, enforcement action or other delivery of law enforcement services. Civilian employees are required to comply with this CAO policy. All employees are required to adhere to the process on pages 2 and 3 of CAO Policy 38R Policy on Acceptance of Gifts that begins: “Additionally, LFUCG employees are often invited and expected to attend certain national, state and community events…” to the end of the CAO policy, with the following exception. Page 2 of CAO Policy 38R states: “The LFUCG employee shall submit a written statement to the CAO specifying the value of the offered opportunity and the benefit to LFUCG of the attendance by the employee.” All employees will instead submit their written statement, via the chain of command, to the Chief’s Office, requesting forwarding to the CAO. NOTE: CAO Policy 38R Policy on Acceptance of Gifts begins on the next page. Chief Administrative Office Date ofl ssue Expiration Date No. 4119/04 POLICY MEMORANDUM Revised 4/5112 NA 38R Revised 8/23/ 18 Revised 5/31119 TO: ALL Divisions and Departments SUBJECT: SIGN~YrURE: ;.W/ COMMENTS: \ u Policy on Acceptance of Gifts The purpose of this policy is to provide guidance and to establish parameters covering the conditions under which LFUCG employees may accept gifts from the public in light of the Ethics Advisory Opinion from the Civil Service Commission dated December 17, 2003. Generally, gifts from the public should be discouraged; however, in the event that you choose to accept a gift, the guidelines pertaining to that acceptance are outlined below. It shall be permissible for an employee of LFUCG to accept a gift from the public so long as its value does not exceed $35.00. A gift includes, but is not limited to: 1. Gift Certificates 2. Products or merchandise such as t-shirts, mugs and hats 3. Works of art or collectibles 4. Interests in real property 5. Contracts or a promise of a future interest in a contract 6. Food , beverages or lodging 7. Transportation 8. Discounts or rebates not extended to the general public or other businesses 9. Use of automobiles, boats, apartments, recreational or lodging facil ities 10. Services The gift must not be in cash or solicited, the acceptance of the gift must be completely without strings and it cannot be accepted under circumstances in which it could reasonably be inferred that the gift is an attempt to affect a decision that the employee needs to make. 1 If an employee receives a perishable item and the value exceeds the permissible limit, it must be shared with other co-workers. If an employee received a nonperishable item and the value exceeds $35.00, the employee must pay the giver the difference between the price of the gift and the gift limit. An employee may accept multiple gifts from the public so long as the cumulative value of the gifts from a single donor does not exceed $35.00 in a twelve (12) month period. This policy also applies to consumable promotional products that may come from a for- profit organization. For example, if a new candy maker comes into the Lexington market and it decides to give away mass quantities of its product as a way of introducing itself to the community, and the total value of the product exceeds the permissible individual gift limit, these giveaways may be accepted and shared among employees, provided that LFUCG is not the only organization receiving free samples. This policy is meant to be a common sense approach to a question that comes up periodically, particularly during the holidays. Additionally, LFUCG employees are often invited and expected to attend certain national, state and community events (both in and out of Fayette County) by virtue of their positions with the Lexington-Fayette Urban County Government. Typically, these events are sponsored by non-profits or other entities in furtherance of a national, community or state wide public purpose and/or they may constitute continuing education opportunities. Additionally, there are times when Government employees are offered tickets to attend events such as luncheons and/or dinners that have a public purpose. As part of the invitation to these types of events, the sponsoring entity may offer to pay travel costs, registration fees and other expenses for attendees. When LFUCG employees receive an invitation to the above-referenced types of events as part of their official duties, acceptance of the invitation shall not violate this policy if approved by the CAO prior to the event. If an employee is offered tickets to attend an event with a public purpose, acceptance of the ticket shall not violate this policy if approved by the CAO. The LFUCG employee shall submit a written statement to the CAO specifying the value of the offered opportunity and the benefit to LFUCG of the attendance by the employee. The CAO will then evaluate the request and issue a written decision. In considering these requests, the CAO may take into consideration the following: if the sponsor of the event is a vendor doing business with LFUCG, is seeking grants from LFUCG, is involved in litigation against LFUCG, or is lobbying or attempting to influence the actions of LFUCG or its employees (or if the gift is from any group or association which has as its primary purpose the representation of such persons or businesses), then acceptance of such gifts may appear to be a conflict of interest and may damage public confidence. 2 LFUCG employees may only accept transportation expenses, meals, registration fees, or other items available and offered to other attendees or invited guests. This exception shall not apply to events organized for the following purposes: 1) promoting a political campaign or agenda; 2) attempting to influence the mayor, mayoral aides, chief administrative officer, commissioners or their designees with regard to past, pending, or future governmental decisions, and 3) any other event in which participation would pose an ethical conflict for LFUCG employee under the Ethics Act or Charter Code of Ethics. Everyone is to exercise sound judgment and discretion in applying this policy. If you have any questions concerning this policy, please contact the Department of Law for guidance. 3  Lexington Police Department Lexington, Kentucky EXECUTIVE ORDER ISSUED BY CHIEF OF POLICE LAWRENCE WEATHERS Executive Order 2020-02 Police Officer Support Team (POST) Effective Date: 07/06/2020 Distribution: All Department Employees Effective July 6, 2020, S.O. 1992-03D Police Chaplain, Police Officer Support Team and Community Chaplaincy Program is rescinded, to coincide with the elimination of both the Police Chaplain position and the Community Chaplaincy Program. The Police Officer Support Team (POST) will remain available to provide support and aid to department employees following a critical incident or other event which may cause an employee to experience a strong emotional reaction. The Chief has designated Sergeant Randall Combs to serve as the POST Coordinator. This Executive Order, including the following excerpt content from S.O. 1992-03D will remain in effect until rescinded by the issuance of another Executive Order, or it is revised and/or incorporated into another department policy. POLICE OFFICER SUPPORT TEAM A. Definitions Critical Incident: Any situation, (i.e. disasters, mass casualties, etc.) which may cause police employees to experience strong emotional reactions which have the potential to interfere with their ability to function either at the scene or after the critical incident. Police Officer Support Team (POST): POST consists of both mental health professionals and trained police officers who will provide both a proactive and reactive response to critical incident stress. The group will discuss the reactions, feelings and emotions experienced by the officers both during and after the critical incident. B. Activation 1. The POST shall be activated in situations where police personnel are involved in a critical incident. Individual members of the POST team may be sent to an incident scene to assist a police employee in a one-to-one support role. 2. Commanders are responsible for identifying/recognizing significant incidents that may qualify for debriefing. When an incident is identified, a request for on-scene assistance should be made through the POST Coordinator as soon as possible. 3. Any officer may initiate the debriefing process by contacting a supervisor at the incident scene. EO 2020-02 Police Officer Support Team (POST) Page 2 of 3 4. Any supervisor whose officers may have experienced a critical incident shall initiate the debriefing process by contacting his/her commander. 5. Any member who feels a need for an individual confidential debriefing may initiate the process by contacting the Employee Assistance Program. 6. When the Police Officer Support Team is activated, the incident will be evaluated for the amount of debriefing required. The specific debriefing services utilized will depend greatly upon the nature of the incident. 7. The POST Coordinator, or his/her designee, in conjunction with the mental health professional, will determine the appropriate response. 8. On the scene, the POST members will report directly to the POST Coordinator or his/her designee. 9. The POST Coordinator, or his/her designee, shall report to the incident commander. C. Debriefing 1. All statements, facts, opinions, and discussions that are expressed during the debriefing process shall be considered confidential. 2. Attendance at a debriefing is mandatory, except as excused by authority of the commander, for all personnel directly exposed to the traumatic aspects of an incident. All participants will be encouraged to share their feelings; however, active participation is optional. 3. No written, taped, or other recordings will be maintained regarding individual participation or topics of discussion. 4. The debriefing is not a critique of the Division of Police operations at the incident. Performance issues, possible procedure violations, or policy statements shall not be discussed during the debriefing. The debriefing process provides a format in which personnel concentrate on emotional issues, discussing their feelings and reactions in a supportive atmosphere. 5. No media coverage shall be allowed. 6. The POST debriefing shall be held away from the incident scene, at a location selected by the POST team members. D. Training and Selection 1. Personnel interested in serving as a member of the Police Officer Support Team shall submit a written request through the chain of command to the POST Coordinator. Requests will be reviewed by the POST Coordinator and team members. The POST EO 2020-02 Police Officer Support Team (POST) Page 3 of 3 Coordinator shall submit a list of recommended team members to the Chief of Police for final approval. 2. POST team members shall be trained to recognize certain signs and symptoms associated with stress and are able to refer employees for appropriate assistance when required. While the training of police personnel as POST team members is an ongoing process, it is emphasized that team members are not “psychologists”.  Lexington Police Department Lexington, Kentucky EXECUTIVE ORDER ISSUED BY CHIEF OF POLICE LAWRENCE WEATHERS EO 2020-03 Documenting Searches and Handcuffing Effective Date: 10/12/2020 Distribution: All Department Employees This Executive Order is being issued to make a necessary and pressing administrative change in the procedure for documenting searches, and for documenting situations where a person is handcuffed but not arrested. This Executive Order also identifies a new department form: the Electronic Search Record Submission Form (Form #349-E) or printed equivalent Search Record (Form #349). This Executive Order goes into effect immediately, and will remain in effect until rescinded by the issuance of another Executive Order, or it is revised or incorporated into another department policy. I. DEFINITIONS Field Search: For the purposes of this Executive Order, a field search is any search of a person, vehicle, building, or property, the search of a person’s clothing, handbag, or personal property, and will also include the deployment of a narcotics detection canine to sniff a vehicle, luggage, package or similar item, as outlined in General Order series 2015-03 Canine Procedures. II. DOCUMENTING SEARCHES A. For the purposes of this Executive Order, the term Search Record (Form #349) refers to both the paper copy version and its electronic equivalent, the Electronic Search Record Submission Form (Form #349-E). B. When an officer conducts a field search, the search will be documented on a Search Record (Form #349), unless: 1. The search occurred during (and is directly related to) the execution of a search warrant, 2. The search was conducted subsequent to an arrest, 3. The search occurred as part of a canine team’s track or burglary/open door building sweep, 4. The search occurred while a canine team was deployed at the request of another agency or institution (i.e., Fayette County Public Schools Police Department), 5. The search was conducted by an officer acting as an authorized commercial vehicle inspector while conducting a commercial vehicle inspection, EO 2020-03 Documenting Searches and Handcuffing Page 2 of 3 6. The search was conducted by an officer acting as an authorized Alcoholic Beverage Control investigator while conducting an inspection of a licensed ABC establishment. C. The Search Record (Form #349) will be completed by the officer who conducted the field search and during the shift or assignment in which the search was conducted. 1. A Search Record (Form #349) will be completed for each individual search. For instance, if multiple vehicle occupants are searched prior to their arrest or release, a separate Search Record (Form #349) will be completed for each search. 2. When an officer requests for a canine team to conduct a search, the requesting officer is responsible to complete the Search Record (Form #349), and to record the name of the canine officer in the Details section of the Search Record (Form #349). 3. In the Details section of the Search Record (Form #349), the officer will describe the circumstances that led to the search, along with a general description of any evidence/contraband located during the search. Specific details related to the basis of, or grounds for the search and more specific descriptions of evidence/contraband located will be documented in the officer’s case report. 4. If circumstances (e.g., hostile crowd forms rapidly, the subject flees, etc.) prevent the officer from obtaining all information necessary to complete the Search Record (Form #349), they will: a. Document the search on the Search Record (Form #349) to the best of their ability with the limited available information, noting the reason for the incomplete record on the form itself, and; b. Submit the incomplete Search Record (Form #349) per normal procedures, and; c. Notify their supervisor, prior to the end of their shift or assignment, of their inability to complete the Search Record (Form #349). 5. Unless circumstances dictate otherwise, the officer will document the search using the Electronic Search Record Submission (Form #349-E). If a paper copy Search Record (Form #349) is completed, the officer is responsible to ensure it is forwarded to Central Records for processing. 6. When a Search Record (Form #349) is completed and no enforcement action was taken, the officer will provide code 7A to E911 as their disposition for the incident. 7. Every Search Record (Form #349) is entered into the RMS as a Field Interview (F.I.) for recording purposes. 8. A Search Record (Form #349) will be completed regardless of whether the officer requested consent from the person to conduct the search, and regardless of whether consent was given by the person. EO 2020-03 Documenting Searches and Handcuffing Page 3 of 3 9. When an officer directs a person to place items from their possession into open view, this constitutes a search and the officer must complete a Search Record (Form #349). Note: Likewise, when an officer conducts a Terry Frisk, but during the course of the frisk enters the clothing to further investigate an object they suspect to be a weapon, the officer must complete a Search Record (Form #349). III. DOCUMENTING HANDCUFFING WHEN THE INDIVIDUAL HAS NOT BEEN ARRESTED A. If an officer handcuffs an individual, and the individual has not been arrested, the officer will complete one of the following forms, marking the Handcuffed Not Arrested box: 1. Search Record (Form #349), if a search was conducted during the incident, as outlined above, or; 2. Electronic Field Interview Submission Form (Form #207-E).  Lexington Police Department Lexington, Kentucky EXECUTIVE ORDER ISSUED BY CHIEF OF POLICE LAWRENCE WEATHERS EO 2021-01 Use of Recording Devices Effective Date: 02/09/2021 Distribution: All Department Employees This Executive Order is being issued to make a necessary and pressing administrative change to the use of recording devices. This Executive Order goes into effect immediately, and will remain in effect until rescinded by the issuance of another Executive Order, or it is revised or incorporated into another department policy. I. DEFINITIONS Recording Device: Any device capable of recording audio, video, and/or still photographs including cameras, cell phones, PDAs, tablets, audio recorders, and any other device capable of such recordings. Exigent Circumstances: Circumstances that would cause a reasonable person to believe that prompt action was necessary to prevent physical harm, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. II. USE OF RECORDING DEVICES A. Absent exigent circumstances, only departmentally issued recording devices shall be used to record or photograph official activities, official contacts, and the operation of department vehicles. B. In exigent circumstances, personally owned recording devices may be used to record or photograph official activities and incidents. 1. The employee will promptly notify their supervisor, when they have used a personally owned recording device to record or photograph official activities/incidents. 2. Images and recordings thus made shall be the property of the department and may not be retained by employees, employed for personal use, or distributed without formal departmental approval. Note: Any device that has recorded or photographed evidence could be subject to seizure and to full discovery of the device’s contents.  Lexington Police Department Lexington, Kentucky EXECUTIVE ORDER ISSUED BY CHIEF OF POLICE LAWRENCE WEATHERS EO 2023-01 Facial Hair Guidelines Effective Date: 9/7/2023 Distribution: All Sworn Officers This Executive Order is being issued to make a necessary and pressing administrative change to the appearance policy for sworn personnel and safety officers. This Executive Order goes into effect immediately, and will remain in effect until rescinded by the issuance of another Executive Order, or it is revised or incorporated into another department policy. G.O. 1973-05DD Personal Appearance of Sworn Officers currently states: VI. B. Male Officers Facial Hair – Additional Guidelines 2. Mustaches shall not extend lower than the corner of the mouth, and a mustache or other facial hair of any unusual style or unique nature shall not be worn. 3. Beards and goatees shall not be permitted with the exception of undercover officers or special assignment officers. G.O. 2015-01G Safety Officers currently states: IV. F. 4. Males - Additional Guidelines c. Mustaches shall not extend lower than the corner of the mouth, and a mustache or other facial hair of any unusual style or unique nature shall not be worn. d. Beards and goatees shall not be permitted. Effective immediately, G.O. 1973-05DD Personal Appearance of Sworn Officers order is revised as follows: VI. B. Male Officers – Additional Guidelines for Facial Hair 2. Mustaches shall be neatly groomed and shall not extend lower than the corner of the mouth or further than 1/2” beyond the corner of the mouth. 3. Beards and goatees shall be neatly groomed and shall not extend onto the neckline below the Adam’s apple. 4. Facial hair shall not extend further than 1/2” from the surface of the face, shall appear uniform in length, and shall not be worn in any unusual style or unique nature. EO 2023-01 Facial Hair Guidelines Page 2 of 2 5. Employees who choose to wear beards or goatees must keep a shaving kit readily available in their workplace. The Duty Commander, or higher authority, may require affected personnel to shave in the event of an emergency situation or other assignments where gas masks may be worn. 6. Facial hair that is not in compliance with this order shall not be permitted without approval by the Chief or their designee. 7. Undercover officers or special assignment officers, as designated by the Chief or their designee, are exempt from this order. Effective immediately, G.O. 2015-01G Safety Officers order is revised as follows: c. Mustaches shall be neatly groomed and shall not extend lower than the corner of the mouth or further than 1/2” beyond the corner of the mouth. d. Beards and goatees shall be neatly groomed and shall not extend onto the neckline below the Adam’s apple. e. Facial hair shall not extend further than 1/2” from the surface of the face, shall appear uniform in length, and shall not be worn in any unusual style or unique nature.  Lexington Police Department Lexington, Kentucky EXECUTIVE ORDER ISSUED BY CHIEF OF POLICE LAWRENCE WEATHERS Nameplate, Banquet Awards, and Bureau Bars EO 2023-02 Placement Effective Date: 12/07/2023 Distribution: All Sworn Officers This Executive Order is being issued to make a necessary and pressing administrative change to the personal appearance policy for sworn personnel. This Executive Order goes into effect immediately, and will remain in effect until rescinded by the issuance of another Executive Order, or it is revised or incorporated into another department policy. G.O. 1973-05DD Personal Appearance of Sworn Officers currently states: V. B. 1. Uniform Shirts - The duty uniform shirts will be outfitted as follows: d. A nameplate, with a “serving since” plate attached, will be centered and ¼” above the right side shirt pocket and be in one of the following formats: 1. First initial; last name 2. First and middle initial; last name 3. Suffixes such as “Jr,” “Sr,” etc. may also be included. 4. The “serving since” plate denotes the year the officer was sworn in as an officer with the police department. V. T. 2. Formal Dress Uniforms - The formal dress uniform consists of: a. Long sleeve navy blue dress uniform shirt with: 5. Award ribbons a. Up to (3) three may (optionally) be worn, positioned on the center of the right pocket with the top of ribbon at ¼” below the top edge of the pocket. 6. Nameplate worn above right pocket (same as duty uniform) Effective Immediately G.O. 1973-05DD Personal Appearance of Sworn Officers is revised as follows: V. B. 1. Uniform Shirts - The duty uniform shirts will be outfitted as follows: EO 2023-02 Nameplate, Banquet Awards, and Bureau Bars Placement Page 2 of 2 d. A nameplate, with a “serving since” plate attached, will be centered and ¼” below the top of the right side shirt pocket and be in one of the following formats: 1. First initial; last name 2. First and middle initial; last name 3. Suffixes such as “Jr,” “Sr,” etc. may also be included. 4. The “serving since” plate denotes the year the officer was sworn in as an officer with the police department. V. T. 2. Formal Dress Uniforms - The formal dress uniform consists of: a. Long sleeve navy blue dress uniform shirt with: 5. Banquet Awards and Bureau Bars a. Up to (9) nine bars may (optionally) be worn, with the bottom of the Banquet Award and/or Bureau Bars centered ¼” above the right pocket 6. Nameplate worn on the right pocket flap (same as duty uniform) Additional information regarding the Banquet Awards and Bureau Bars will be addressed in an upcoming issuance of G.O. 1973-05DD Personal Appearance of Sworn Officers.  Lexington Police Department Lexington, Kentucky GENERAL ORDER BY THE AUTHORITY OF THE CHIEF OF POLICE G.O. 1973-01N Written Directives Rescinds: GO 1973-01M Effective Date: 08/31/20 Distribution All Department Employees Originally Issued: 1973 I. PURPOSE The purpose of this policy is to outline the department’s written directive system and the procedures for the preparation, issuance, distribution, and revision of written directives. II. POLICY It is the policy of the Lexington Police Department to maintain a written directives system to provide employees with guidance and a clear understanding of the expectations related to the performance of their duties. While it is not possible and it is not intended for written directives to be all-inclusive and cover every situation, circumstance, or topic, the establishment of written directives will help to ensure a high degree of planned, consistent and accountable police service. It is the responsibility of all supervisors, and the Chief of Police, to interpret and apply the content and intent of all written directives and other forms of department communication. It is also department policy that the Chief of Police has the sole authority to issue Executive Orders to promptly communicate necessary or urgent changes in department directives, policies or procedures, or to promptly communicate evolving department response procedures during an emergency, disaster, or declared emergency. III. DEFINITIONS PowerDMS: Is a cloud-based software application used by the department to electronically: * Distribute department directives, rules, regulations, policies, and procedures; and distribute Executive Orders and safety information as appropriate. * Make the above documents and information accessible for all employees. * Coordinate employee training and testing related to the above as appropriate; and training and testing on other topics as determined by the Training Section. * Manage testing, acknowledgment, and distribution records related to the above. * Serve as an accreditation management tool. Note: Supervisors will monitor the progress of employees under their supervision related to the timely completion of directives reviews and signature acknowledgments, training and testing, and any other G.O. 1973-01N Written Directives Page 2 of 6 tasks that have been assigned to employees in PowerDMS. Written Directives: Are documents governing all department activities and employees. Written directives are General Orders, Special Orders, Standard Operating Procedures, Operational Manuals, and CAO Policies with Chief’s Cover Page(s). Written directives shall cover department rules, regulations, and standards of conduct; state content and intent of department policies; and explain procedures for carrying out department activities. IV. WRITTEN DIRECTIVE SYSTEM A. The department’s written directive system is comprised of the below described policies and procedures, also referred to as written directives. They contain the rules that all employees must follow in carrying out the mission of the department. B. While it is not possible to anticipate every situation or contingency that may arise or to prescribe a specific course of action in each scenario, written directives are intended to provide guidance for how an employee should handle different situations encountered. C. Written directives are General Orders, Special Orders, Standard Operating Procedures, CAO Policies with Chief’s Cover Page, and Operational Manuals. 1. General Orders, Special Orders and Standard Operating Procedures are issued, revised, and rescinded by the authority of the Chief of Police. 2. CAO Policies are issued by the Chief Administrative Officer. The accompanying Chief’s Cover Page is issued by the authority of the Chief of Police. 3. Operational Manuals are issued and approved by the appropriate bureau assistant chief. D. Each issued General Order, Special Order, Standard Operating Procedure, Operational Manual and Chief’s Cover Page shall automatically remain in effect when the department experiences a change in leadership. 1. Each issued Standard Operating Procedure shall also automatically remain in effect when the identified specific bureau, section or unit referred to in the Standard Operating Procedure experiences a change in supervision. 2. Each issued Operational Manual shall also automatically remain in effect when the individual unit referred to in the Operational Manual experiences a change in supervision. E. General Orders, Special Orders, Standard Operating Procedures and Chief’s Cover Pages of a CAO Policy will not be revised or rescinded without approval from and under the authority of the Chief of Police. 1. Operational Manuals will not be revised or rescinded without approval from and under the authority of the appropriate bureau’s assistant chief. F. Written directives are organized by type (GO, SO, SOP, CAO Policy or OM), and with an identifying G.O. 1973-01N Written Directives Page 3 of 6 four-digit year based chronological numbering system. SOPs and OMs are further identified by bureau, section and/or unit of origin. G. During the signature acknowledgement process, all designated employees identified in the written directive’s header or cover page are required to review the written directive before the posted deadline and acknowledge that review has been completed and they have read and understood the contents of the newly issued or revised written directive. 1. As determined by the BOA assistant chief, and during the signature acknowledgement process, designated employees may also be required to electronically complete a policy comprehension test in PowerDMS. H. Written directives are available to all employees electronically via PowerDMS, and are searchable by key word or phrase. I. General Orders and Special Orders that are not categorized as law enforcement sensitive are also publicly available via the city of Lexington’s website. J. General Orders (GO) are broad in scope and contain statements of rules, regulations and procedures that are related to the overall operations of the department. K. Special Orders (SO) contain policies and procedures that are related to a specific activity or function within the department. L. Standard Operating Procedures (SOP) contain procedures and guidelines that are directly related to operations within a specific bureau, section, or unit. 1. SOPs shall not contradict any other written directive, or collective bargaining agreements. M. Operational Manuals (OM) contain specific information on how to perform essential tasks related to a specialized unit and are developed by the individual unit’s representative(s). If a unit has both an SOP and an OM, the SOP will contain less specific details. 1. OMs shall not contradict any other written directive, or collective bargaining agreements. N. Chief Administrative Office (CAO) Policies contain policies and procedures established by the Mayor, the Urban County Council, and/or the Chief Administrative Officer (CAO). These policies are issued by the Chief Administrative Officer. 1. A CAO Policy will be accompanied by a Chief’s Cover Page. The purposes of the Chief’s Cover Page are to indicate whether any section(s) of the CAO Policy are not applicable to department employees, to identify alternate procedures that are applicable to department employees, and/or to clarify content of the CAO policy, as needed. V. WRITTEN DIRECTIVE POLICY DEVELOPMENT PROCEDURES A. The development of a new written directive or revision of any existing written directives is initiated by the following: G.O. 1973-01N Written Directives Page 4 of 6 1. At the direction of the Chief of Police 2. Via a request from an Assistant Chief 3. Internally in Planning and Analysis 4. As a result of a change in law or ordinance 5. As a result of a change in collective bargaining agreements B. Initial drafts and revisions of written directives generally originate in Planning and Analysis. 1. The Planning and Analysis lieutenant will determine Planning’s level of involvement with an SOP or OM development or draft revision process. C. During the initial revision process, Planning and Analysis will facilitate or conduct a draft review to ensure the draft language does not contradict any other existing department directives, applicable laws, collective bargaining agreements, and accreditation standards. D. A draft of the written directive under development or revision will be submitted by the Planning and Analysis lieutenant to the BOA Assistant Chief’s office. 1. Chief’s Cover Pages that accompany CAO Policies will either undergo the currently established review process or will proceed directly for signature acknowledgement, as determined by the Chief of Police. E. The BOA Assistant Chief will determine the appropriate review process for new and updated written directives. This process may or may not involve administrative review by lieutenants and above, and will culminate in approval or disapproval by the Chief of Police. F. Prior to review by the Chief’s Staff, the Planning lieutenant will forward the draft to the FOP designee(s), via currently approved methods, for FOP screening in accordance with the current collective bargaining agreements. G. Upon completion of the FOP screening, the BOA Assistant Chief’s office will coordinate review by the Chief’s Staff and Chief of Police. H. Upon completion of the Chief’s Staff review and with the approval of the Chief of Police, the BOA Assistant Chief’s office will coordinate the 10-Day Posting process of the draft written directive, per currently approved procedures and in accordance with current collective bargaining agreements. The draft written directive is made available electronically to all employees during this posting process. I. At the conclusion of the 10-Day Posting process, the written directive goes into effect. Any prior version of the newly issued written directive is rescinded, as are any other related written directives listed in the header as being rescinded by the newly issued written directive. J. The Planning and Analysis lieutenant is responsible to initiate distribution of the written directive via PowerDMS for the signature acknowledgment process. G.O. 1973-01N Written Directives Page 5 of 6 K. Planning and Analysis is responsible for: 1. Maintaining appropriate records related to the distribution and signature acknowledgement processes. 2. Maintaining issued written directives in PowerDMS for availability and accessibility by all employees. a. Designated policies are also made available to the public via the department’s web page. 3. The electronic dissemination, storage, and archiving of department written directives. Electronic storage of policies is backed up by procedures established by the Computer Information Systems Unit. 4. Facilitating the annual review of written directives to determine if any changed circumstances or occurrences since the previous annual review should result in any policy changes. VI. EXECUTIVE ORDERS A. The Chief of Police has the sole authority to issue Executive Orders to promptly communicate: 1. Necessary or urgent changes in policies, procedures, or other important information that are immediately in effect, pending completion of the standard written directive (typically a general order) revision or development process. Or 2. Evolving department emergency management measures related to staffing, operations, response priorities, equipment, and other important information during an emergency or disaster, including and not limited to a declared emergency by the Chief of Police or a State of Emergency declared by the governor or the mayor. B. Executive Orders are distributed electronically via email, PowerDMS, and/or other electronic means of distribution. 1. When electronic distribution of an Executive Order is ineffective or impractical due to the circumstances, the content or intent of the Executive Order may initially be issued and communicated verbally, or by other means, until such time as the Executive Order can be memorialized in writing and issued electronically. 2. Executive Orders are formatted with an identifying four-digit year based numbering system. C. An Executive Order goes into effect immediately upon issuance (regardless of how it was initially issued), and it shall remain in effect until it is revised or rescinded by the Chief of Police; or until its content is incorporated into a written directive. G.O. 1973-01N Written Directives Page 6 of 6 D. Executive Orders shall be accessible via PowerDMS while they are in effect; and shall be retained and archived per current records retention schedules. 1. If circumstances prevent the immediate placement of the Executive Order in PowerDMS, it will be placed in PowerDMS for accessibility as soon as practical.  Lexington Police Department Lexington, Kentucky GENERAL ORDER BY THE AUTHORITY OF THE CHIEF OF POLICE G.O. 1973-02L Disciplinary Procedures of Sworn Officers Re