21.pdf

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 21 November 4, 2021 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON NOVEMBER 2, 2021 SUBJECT: PROHIBITION OF PARTICIPATION IN LAW ENFORCEMENT GANGS —ESTABLISHED PURPOSE: On January 1, 2022, California Assembly Bill(AB)958 will become effective by...

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 21 November 4, 2021 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON NOVEMBER 2, 2021 SUBJECT: PROHIBITION OF PARTICIPATION IN LAW ENFORCEMENT GANGS —ESTABLISHED PURPOSE: On January 1, 2022, California Assembly Bill(AB)958 will become effective by adding Section 13670 to the California Penal Code, prohibiting the participation in a law enforcement gang by any law enforcement officer. California Penal Code Section 13670 defines "law enforcement gang" as a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern ofon-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to: excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws; engaging in or promoting conduct that violates the rights of other employees or members ofthe public; violating agency policy; the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified; falsifying police reports; fabricating or destroying evidence; targeting persons for enforcement based solely on protected characteristics of those persons; theft; unauthorized use of alcohol or drugs on duty; unlawful or unauthorized protection of other members from disciplinary actions; and, retaliation against other officers who threaten or interfere with the activities ofthe group. The Department fully recognizes that participation in any law enforcement gang undermines the Department's mission and core values, and damages the trust between the Department and the communities that it serves. The purpose of this Order is to establish Department Manual Section 1/271.10, Prohibition ofParticipation in Law Enforcement Gangs. PROCEDURE: Department Manual Section 1/271.10, Prohibition ofParticipation in Law Enforcement Gangs, has been established. The established Department Manual Section is attached. AMENDMENTS: This Order adds Section 1/271.10 to the Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. MICHE . MOORE Chief of olice Attachment DISTRIBUTION "D" DEPARTMENT MANUAL VOLUME I Revised by Special Order No.21,2021 PROHIBITION OFPARTICIPATIONINLAWENFORCEMENTG ANGS. Building and preserving trust between the community and law enforcement is crucia l to effectively maintaining Department operations, reducing crime and ensuring the safety ofoccupa nts and businesses within our City. Participation in law enfoYcement gangs has proven to underm ine the objectives oflaw enforcement and violates thefundamental principles ofprofessional policin g. All Department personnel are prohibitedfrom participating in a law enforc ement gang. A violation ofthis policy shall be groundsfor termination. California Penal Code Section 13670 defines a "law enforcement gang" as a group ofpeace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matchi ng tattoos, and who engage in a pattern ofon-duty behavior that intentionally violates the law orfundamental principles ofprofessional policing, including, but not limited to: exclud ing, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws; engaging in or promoting conduct that violates the rights ofother employees or members ofthe public; violating agency policy; the persist ent practice ofunlawful detention or use ofexcessiveforce in circumstances where it is known to be unjustified;falsifying police reports;fabricating or destroying evidence; targeting personsfor enforcement based solely on protected characteristics ofthose persons; theft; unauthorized use of alcohol or drugs on-duty; unlawful or unauthorized protection ofother membersfrom disciplinary actions; and, retaliation against other officers who threaten or interfere with the activities ofthe group. In addition to completing its own investigations, the Department shall cooperate with the Office of the Inspector General, the Attorney General, and/or any other authorized agency investigating such gangs within the DepaYtment.