Eastland

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EASTLAND POLICE DEPARTMENT GENERAL ORDERS
SUBJECT: Written Directive System NUMBER: 100
EFFECTIVE DATE: 06/18/2012 REVIEW DATE: 06/2014
AMENDS/SUPERSEDES: All Previous
APPROVED: Billy R. Myrick
Billy R. Myrick, Chief of Police
BEST PRACTICE STANDARDS: 1.04.1
NOTE: This General Order is for internal use only and does not enhance an officers civil or criminal
liability in any way. It should not be construed as the creation of a higher standard of safety or care, in
an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven,
can only form the basis of a complaint by this department and only in a non-judicial, administrative
setting.
INDEX WORDS:
Arrest Officer
Chain of Command On Duty
City Personnel Orders
Civilian Employee Policy
Commanding Officer Procedure
Competent Authority Pronouns
Delegated Authority Regulation
Department Rule
Directive Special Orders
Division Staff Inspection
Employee Staff Supervision
General Orders Standard Operating Procedures
Distribution Line Inspection
Memorandum Suspension
Off Duty Unity of Command
Supervisor

I. PURPOSE

A. The purpose of the General Orders Manual is to provide guidelines for the operation of the
Eastland Police Department. This manual has been written to inform not only employees,
but also the public, of the principles to be adhered to in the performance of the law
enforcement function.

General Order 100 Written Directive System 101

B. Command and supervisory personnel are charged with the responsibility to assure that input
is gathered from all levels and are accountable for the proper dissemination and
implementation of all adopted policies and procedures.

C. Due to the frequent changes in the law and the needs of the community, this manual will, no
doubt, require review and revision at necessary times. Each employee of this department is
charged with the responsibility to present his ideas for revisions, additions or deletions to the
manual.

D. As with any system of written directives, situations will undoubtedly arise which are not
specifically addressed in this manual. In those instances the employee should rely upon the
principles outlined by the Law Enforcement Code of Ethics.

II. POLICY

Both professional law enforcement administration and the management of liability require a manual,
which governs the activities of a law enforcement agency. A manual of established policies, rules
and regulations guide the day-to-day legal and ethical functioning of a police department. To that
end, the practices and standards of the Eastland Police Department will be reflected in this manual.

III. DEFINITIONS

The terms used in this General Orders Manual shall be defined as follows, unless otherwise indicated:

A. Appointment - Those positions which are non-tested positions and are appointed by the
Chief of Police. The process for appointments is set forth by the Chief of Police.

B. Arrest - To deprive a person of his liberty, for the purpose of confinement until released by
legal authority, in order to compel the person to answer to an alleged criminal offense.

C. Chain of Command - The unbroken line of authority extending from the Chief of Police
through a single subordinate, at each level of command, down to the level of execution and
return.

1. In the absence of the Chief of Police, a designated Sergeant will assume command
of all police operations.

2. In the absence of a Sergeant, the senior officer on duty will assume command of all
police operations and maintain such until the arrival of a Sergeant or the Chief of
Police.

D. City - The City of Eastland

E. Civilian Employee - Any Police Department employee other than a sworn officer.

F. Command Officer - Any officer in charge of the Department, a division, section, unit or

watch.


G. Competent Authority - That legal authority possessed by superiors, supervisors,
commanding officers or the courts.

H. Delegated Authority - At every level, within the Eastland Police Department, those who
have been granted positions of authority will be authorized and given the authority to make
decisions necessary for the effective execution of their responsibilities.

1. All Supervisory personnel will be administratively responsible for the performance
of the employees under their immediate command or other subordinate personnel, as
may be necessary.

I. Department - When capitalized, the Eastland Police Department.

J . Directive - Any written or verbal order issued by competent authority.

K. Employee - Any person employed full, part time, or on a volunteer basis, including
designated consultants, with the Eastland Police Department.

L. Insubordination - The willful disobedience of any order lawfully issued by the Chief of
Police, a Supervisor or by a Field Training Officer (to any employee under their immediate
direction or control) or any disrespectful, insolent or abusive language toward any supervisor
or a Field Training Officer.

M. Line Inspections - Shall be an ongoing process conducted by those in direct command, i.e.,
those who have the authority to act or require immediate action of subordinates. Line
inspections shall be the duty of all supervisors who have authority over any special
assignment, squad, unit or division of the Department.

Line inspections will consist of:
1. Personnel;

2. Issued equipment or any personal equipment used in furtherance of the police
mission, i.e. personal computers, cell phones, tablets, etc.

3. Offices, computers, vehicles, desks and/or lockers,

4. Reports

5. Activity

N. Memorandum - A memorandum either (1) provides useful, specific information to
employees not amounting to a formal order, or (2) constitutes a directive affecting specific
behavior for a specific event or period of time and is usually self-canceling.


1. Memoranda are not part of this manual. Memoranda may be issued by the Chief of
Police or may be issued by other employees or agencies.

O. Off Duty - The state of an employee at times when he is not actively engaged in the
performance of law enforcement duties and/or other Departmental tasks.

P. Officer - A sworn member of the Department.

Q. On Duty - The state of an employee during any period in which he is actively engaged in the
performance of law enforcement duties or other Departmental tasks.

R. Policy - A statement of the Departments philosophy on a given issue. Policy consists of
principles and values which guide the performance of Department employees. Further,
policy is based upon ethics, experience, the law, the interests and desires of the community.

1. Each rule, regulation or general order will begin with a purpose and an agency
policy statement.

2. The Chief of Police, subject to review by the governing body of the city, determines
policy for the Eastland Police Department.

S. Procedure - Defines a method of performing an operation or a manner of proceeding on a
course of action. It differs from policy in that it directs action in a particular situation to
perform a specific task within the guidelines of policy.

1. All procedures in this manual will be labeled General Orders. General Orders
govern police operations.

2. Like rules and regulations, violations of General Orders may result in administrative
discipline. General Orders constitute a guide to behavior in given situations.
Employees may depart from General Orders if, in their professional judgment, the
situation warrants. Employees doing so must be prepared to justify their actions. In
this manual, directive is synonymous with General Order.

T. Promotion Those positions which require a process to include, but not limited to, a written
examination, oral board/assessment centers and final interview with the Chief of Police.
This process will determine which candidate(s) will be promoted. Command positions will
be filled by appointment by the Chief of Police and approved by the City Manager.

U. Pronouns - The personal pronoun of either gender (him, her, he, she, etc.) shall apply
equally to male and female employees of the Department.

V. Regulation - May contain one or more rules and is an administrative order governing
organizational matters, e.g., leave policy, off-duty employment, promotions.

1. Similar to rules, regulations permit little if any deviation there from. Violations of
regulations normally result in administrative discipline.


2. The Chief of Police, subject to review by the governing body of the city, determines
policy for the Eastland Police Department.

W. Rule - A specific prohibition or requirement governing the behavior of employees.

1. Rules permit little if any deviation there from. Violations of rules normally result in
administrative discipline.

X. Staff Inspections - Will be the responsibility of personnel assigned to the Internal Affairs
process, when directed by the Chief of Police. Staff inspections will consist of:
1. Administrative Issues

2. Operational Issues

3. Technical Issues

Y. Staff Supervision - The supervision, by a specific supervisor, of an employee not normally
under his direct command.

Z. Supervisor - Any employee with delegated authority to oversee and/or direct others in the
accomplishment of their assigned tasks.

AA. Suspension - The period, either with or without pay, during which an employee is not
permitted to perform his duties.

BB. Unit - An organized component whos supervisor reports directly to the Chief of Police or
his designee.

CC. Unity of Command

1. Each employee is accountable to only one supervisor at any given time, unless
notice is specifically implied by another supervisor.

2. Each supervisor is accountable only to the Chief of Police or his designee, at any
given time, unless notice is specifically implied by the Chief of Police.

IV. WRITTEN DIRECTIVES

A. General Orders - General Orders are issued to announce policies and procedures applicable
to employees within all divisions of the Department for the indefinite future.


B. Special Orders - Special orders are issued to establish a policy or procedure:

1. With regard to a specific circumstance or event of a temporary or self-canceling
nature; or

2. Applying only to a specific unit of activity.

C. Standard Operating Procedures - Standard Operating Procedures are issued by divisions
to describe the specific guidelines an employee within a specific division, section, or unit
shall follow.

D. Personnel Orders - Personnel orders will be issued to direct the following actions:

1. Appointment of new personnel;

2. Assignment or transfer of employees from one division, section, watch, or unit to
another;

3. Promotion or demotion of employees; and

4. Suspension, termination, or restoration to duty.

E. Memoranda - Memoranda may be used to:

1. Disseminate information or instructions not warranting a formal order;

2. Direct the actions of subordinates in specific situations or circumstances under a
level of command not authorized to issue General Orders, Special Orders or
Standard Operating Procedures;

3. Explain or re-emphasize portions of previously issued orders; or

4. Inform employees of the actions or policies of other agencies.

V. ISSUING AUTHORITY

All actions, policies, procedures, and directives of the Eastland Police Department are ultimately
subject to review and approval by the City Manager.

A. General Orders - Issued only by the Chief of Police.

B. Special Orders - Issued by the Chief of Police or any Police Department Supervisor with the
approval of Chief of Police.


C. Standard Operating Procedures - Issued by the Chief of Police or Police Supervisor in
charge of the specific unit or division.

D. Memoranda Announcing Directives - Issued by any competent authority.

E. The Chief of Police authorizes any rule, regulation, or general order. No rule, regulation, or
general order is valid unless signed by the Chief of Police.

F. Within the context of any rule or directive, the use of the word shall connote an action or
behavior that is mandatory and unequivocal. The word may or can connote an action or
behavior that is optional.

G. Any officer or member of the Department may suggest or recommend changes to the Chief
of Police concerning the policy manual. Refer to Section VII-Recommendations.

VI. DISTRIBUTION

A. All General Orders shall be distributed by the Office of the Chief of Police. Each employee
shall be issued and shall sign for an individual copy of the General Orders Manual.

B. Each employee shall be responsible for maintaining the General Orders Manual in proper
condition. The manual and its contents shall be considered Department property. No
employee is authorized to release any portion of the General Orders Manual to anyone,
outside the department, except as approved by competent authority.

C. All Special Orders and Standard Operating Procedures shall be distributed by the Chief of
Police or his designee, to the appropriate personnel.

D. The distribution of each General Order, Special Order or Standard Operating Procedure shall
be signed for by each employee on the master log maintained by the Office of the Chief of
Police.

E. All employees are responsible for having a working knowledge, understanding, and
conforming to the contents of all lawful written directives, which apply to them.

VII. RECOMMENDATIONS

A. All recommendations for additions to or deletions from the General Orders manual shall be
submitted by memorandum to the Chief of Police, through the chain of command. The
memorandum should detail the affected area to be changed and a recommendation for the
change.

B. No order issued at any level of command may conflict with established policies and
procedures issued by a higher authority. When a new order, procedure or directive is to be
issued, it shall be the responsibility of the issuing authority to ensure that the document does
not conflict as described herein.


C. Whenever applicable, all Orders and Standard Operating Procedures shall carry notations
directing attention to other published documents which are related. An Order, Standard
Operating Procedure, or directive that rescinds or supersedes other documents shall carry the
identifying notations necessary to identify the superseded directive.

VIII. TRAINING

A. It shall be the responsibility of supervisory personnel to ensure the training of police
personnel on all the departmental General Orders and Policies.

B. The Office of the Chief of Police will be responsible for the distribution of General Orders to
all employees. For each General Order there will be a master log that depicts the Date,
Name, and Signature of each employee receiving the order. The master log will be kept by
the Administrative Assistant in the Office of the Chief of Police.

C. All General Orders must be signed for by the receiving employee.

D. All training must be documented and forwarded to the Administrative Assistant. The division
supervisors will be responsible for the documentation of training in the General Orders by
each employee.

IX. EFFECTIVE DATE

A. Any previous directive, rule, order or regulation that pertains to this subject matter and its
amendments shall remain in full force and effect for any violation(s) which occur prior to the
effective date of this General Order.

B. If any section, sentence, clause or phrase of this General Order is, for any reason,
held to be invalid, such decision shall not affect the validity of the remaining portions of this
General Order.

C. All training on this General Order will be in accordance with the requirements specified in
this General Order.

D. The effective date is stated in the header block of this General Order.

SUBJECT: CODE OF CONDUCT NUMBER: 200
BEST PRACTICE STANDARDS: 1.06.1, 1.08.1, 2.02.1, 2.12.1, 2.14.1, 2.15.1, 2.16.1, 2.17.1, 2.18.1, 2.19.1,
2.20.1, 2.21.1
liability in any way. It should not be construed as the creation of a higher standard of safety or care, in
an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven,
can only form the basis of a complaint by this department and only in a non-judicial, administrative
setting.
INDEX WORDS:
Arrests Gifts
Alcohol: use of Grievance
Authority Grooming
Bribes Leave
Civil Cases Lost property
Civil Rights Medical assistance
Code of Ethics Memberships
Conflict of Orders Money
Court Action Obedience to laws
Courtroom Appearances Obedience to orders
Disciplinary Actions Off-duty enforcement
Drugs: use of Off-duty employment
Duty Public appearances
Equipment Public information
Evidence Prohibited behavior
Force: use of Property
False Statements Reporting
General Conduct Tobacco: use of
General Duties Uniforms

I. PURPOSE

A. The Code of Conduct of the Eastland Police Department is promulgated by the Chief of
Police from authority of the Code of Ordinances of the City of Eastland.

General Order 200 - Code of Conduct 201

B. The Eastland Police Department expects its personnel to maintain high standards of
appearance and conduct. The public similarly expects such high standards. Police Officers
wield considerable power over the citizenry, power that is carefully circumscribed by state
and federal law and, ultimately, by the Constitution and the Bill of Rights. The power to
arrest, seize property and interfere, at times, with the lives of citizens constitutes a public
trust. A Police Officer can help to ensure that this trust is regarded as vital by fulfilling his
duties in an exemplary manner. Performance, however, is not enough. We must always
conduct ourselves in an exemplary fashion.

C. The Code of Conduct of the Eastland Police Department is designed to promote efficiency,
discipline and good public relations by setting forth policies governing the conduct of every
member of the Police Department, both sworn and non- sworn, on or off duty. The terms
sworn member and Officer refer to any person commissioned as a Police Officer under the
Charter and Ordinances of the City of Eastland and qualifying as a peace Officer under
Article 2.12 of the Texas Code of Criminal Procedure. The terms Member and Employee
refer to any Employee, full or part time, paid or non-paid of the City of Eastland, assigned to
the Police Department whether sworn or non sworn (civilian). The use of the terms he and
his to refer to a member of the Department shall indicate either a male or female employee.

D. The Eastland Police Departments Code of Conduct and General Orders are founded on well
recognized standards of behavior and ethics. Police Officers are held to higher standards than
others employed in public service because they alone have the power to limit individual
freedom. The Law Enforcement Code of Ethics are included as addenda to this Code of
Conduct to provide Departmental personnel with a philosophical basis for the rules and
regulations of the Eastland Police Department. The Departments TEN GENERAL ORDERS
provide the underlying principles on which officers will rely in the performance of duty.

II. POLICY

The provisions of the Code of Conduct, the City of Eastland Personnel Rules and Departmental
Regulations shall apply to all members of the Police Department.

III. SCOPE:

A. The provisions of the Code of Conduct shall be observed by all Employees of the
Department in order to maintain the confidence, respect and support of the public.

B. Violations of the Code of Conduct, the City of Eastland Personnel Rules, Administrative
Regulations, the Charter of the City of Eastland, the Ordinances of the City of Eastland
and/or the laws of the State of Texas or the United States and departmental regulations shall
subject the offender to disciplinary action which may take the form of a verbal or written
warning, written reprimand, reduction in rank, suspension or termination of employment.
Action taken will depend on the degree of severity of the offense, the record of the offender
and the seriousness of the consequences of the violation.


C. Disciplinary action under the Code of Conduct will be in accordance with the City of
Eastland Personnel Rules as well as any and all applicable departmental regulations. All
disciplinary actions will be based on substantial evidence.

D. Pursuant to the authority granted by the Code of Ordinances of the City of Eastland, the
Chief of Police shall have the exclusive right to suspend or discharge any Employee who
may be under his jurisdiction and control for incompetence, neglect of duty, immorality,
drunkenness, the improper use of any substance that modifies behavior or failure to obey
orders given by proper authority or the orders, rules and regulations promulgated by the
Chief of Police.

E. Employees are required to establish and maintain a working knowledge of the Code of
Conduct, of all laws and Ordinances of the City of Eastland and the written rules and policies
of the Department. In the event of improper action or the breach of discipline, it will be
presumed that the Employee was familiar with the law, rule or policy in question.

F. Failure, on the part of any Employee, to comply with the Code of Conduct, the General
Orders and all other lawful orders, policies and directives issued by proper authority will
subject the offender to disciplinary actions as prescribed in General Order 300.

G. Any Employee who, by act or conduct, attempts to violate or conspires with any person to
violate the Charter of the City of Eastland, the Code of Conduct, Personnel Rules of the City
of Eastland, General Orders or policies of the Department shall be subject to the same
discipline as though the actual violation had been accomplished.

H. It shall be the duty of all Commanders, Supervisors, Officers and Employees to take
corrective action and/or submit a Personnel Incident Form through their chain of command
whenever they learn through personal observation or report of any violation of the Code of
Conduct, the City of Eastland Personnel Rules, Departmental rules and regulations, the
Charter of the City of Eastland, the ordinances of the City of Eastland, and/or the laws of the
State of Texas or the United States by any member of the Department.

1. Should the violation involve an incident of a serious nature, the Supervisor or
Commander detecting the violation may relievethe offender from duty and take
custody of any credentials and firearms issued by the Department. Should the
observing Supervisor be of lesser rank than the offender, he shall notify a Supervisor
of superior rank to that of the offender. The offender will be instructed to report to
the office of the Internal Affairs Unit at 9:00 A.M. the following business day.

2. A written report of the incident shall be submitted by the reporting Supervisor or
Commander who shall be present at the Internal Affairs Unit at the time the offender
reports.

I. When a violation involves neither gross misconduct nor moral turpitude but could cause
discredit to the Department or any member thereof, a Personnel Incident Form shall be
completed in writing outlining the known facts of the case and an investigation initiated to

determine the nature and degree of the violation.

J . Sworn members of the Police Department holding the position of Probationary Police
Officer may be terminated from employment by the Chief of Police when they fail to meet
the minimum standards of Employee performance or when they violate the Code of Conduct,
the City of Eastland Personnel Rules, the ordinances of the City of Eastland, and/or the laws
of the State of Texas or the United States. The probationary period is one (1) year.

K. No promotion of any member of the Department shall be deemed complete until a period of
six (6) months shall have elapsed following said promotion. At any time during this six-
month probationary period, the Chief of Police may rescind the promotion.

L. Should any Employee who has successfully completed the entire period of probation be
terminated, suspended, or reprimanded because he has violated any rule of the Code of
Conduct, the City of Eastland Personnel Rules, Departmental regulations, the Charter of the
City of Eastland, the ordinances of the City of Eastland, and/or the laws of the State of Texas
or the United States, he may receive an order of termination, suspension, or reprimand that
shall set forth the rule violated and the details of said violation. In cases where termination is
under consideration, a pre-termination hearing may be conducted. Should the Officer desire
to appeal, the following procedures apply:

1. Upon receipt of written notification from the Chief of Police or his designee, of a
reprimand, suspension, demotion, or termination, the Officer may appeal pursuant to
General Order 300 Section XVIII and the City of Eastland Personnel Policies and
Procedures Manual.


EASTLAND POLICE DEPARTMENT: TEN GENERAL ORDERS

As a member of the Eastland Police Department it shall be my duty:

1. To advance the objectives of the Department in preserving order and protecting the lives,
rights, property and privileges of the people in this community and of the State of Texas, to
the best of my ability and in an entirely impartial manner.

2. To practice, at all times, the motto of this organization, Courtesy, Dedication and
Professionalism.

3. To keep myself clean, presentable and in good physical, mental and moral health.

4. To know and obey lawful orders and instructions at all times.

5. To keep all City owned equipment, entrusted to me, fully accounted for and in proper
condition.

6. To qualify as a voter and to vote my convictions as a citizen, on all public matters and
political campaigns, but take no other part in any public politics or political campaigns,
except as authorized by law and policy.

7. To conduct my business in a straightforward manner relying, when possible, upon poise,
competence and discretion rather than threats, argument or intimidation to carry out my
duties.

8. To take up matters affecting me and my position with my immediate superior and through
proper channels.

9. To submit, through proper channels, constructive suggestions for the improvement of the
Department and its service.

10. To conduct myself at all times, both on and off duty, in such a manner that I may merit the
voluntary commendation of all law-abiding citizens and visitors with whom I come in
contact, both those with whom I meet in carrying out my duties and those I shall live among
as a citizen in order that credit may be reflected upon the City of Eastland and the Eastland
Police Department.


IV. GENERAL RESPONSIBILITIES

A. No Employee shall procure appointment in the Department by means of willful
misrepresentation or omission of any fact concerning his personal history, qualifications for
employment or physical condition.

B. Police Employees for the City of Eastland must present a neutral image to effectively relate
to all segments of the population they serve. Societal interest demands highly trained
Officers who demonstrate disciplined conduct, regimentation and strict adherence to
regulation and authorized detail. Therefore, Officers shall be subject to, and must comply
with the uniform and appearance standards prescribed by General Orders.

C. Uniforms shall be kept neat, clean, in good repair, and well pressed when reporting to duty.
While wearing the uniform, Officers shall maintain a military bearing, avoiding mannerisms
such as slouching, shuffling, and keeping hands in pockets. The uniform hat or cap shall be
worn when directed by competent authority.

D. Normally, Officers shall wear the duty uniform on a tour of duty. However, Division
Commanders may prescribe other clothing to be worn as required by the nature of the duty to
which a particular Officer is assigned.

E. No Officer, while in uniform, shall carry a sword, cane, or similar object or wear on the
uniform any item not specifically authorized by written order of the Chief of Police.

F. Officers shall carry their badge and identification card with them at all times.

G. Officers must be armed at all times while on duty in the City of Eastland, unless directed not
to carry a weapon by competent authority. When an Officer is on duty, the weapon carried
will conform to the standards and required qualifications as set forth in the General Orders.

H. With the exceptions listed, when an Officer is off duty, he may (optional) be armed with a
departmentally approved weapon. If armed, he must be currently qualified with that weapon
as set forth in the General Orders.

1. Exceptions: An Officer must, unless directed otherwise by competent authority,
be armed with a departmentally approved weapon;

a. At any time when in a city vehicle;
b. At any time when in uniform; or
c. When performing police related off duty employment.

I. No Employee shall wear the uniform, be armed or carry his badge or identification card
while under suspension.

J . No Officer, while off-duty and dressed in civilian clothes, shall wear or carry a weapon in
such a manner that it will attract attention or be in open view in public.

K. Employees shall not willfully damage any property or equipment belonging to the city, any
citizen or other entity unless lawfully required to do so in the performance of their duty.

L. Employees will not cause damage to any property or equipment belonging to the city, any
citizen or other entity by improper handling or negligence.

M. No Employee shall alter, repair, or in any way change, add to, or remove any parts or
accessories of any city-owned property without the permission of the Chief of Police. This
includes, without limitations, buildings, office equipment, machines, clothing, firearms,
communication equipment, and motor vehicles.

N. No person will be hired or appointed to the City of Eastland Police Department if they are
married or joined in any method recognized by the State of Texas to any current employee.
The following relationships prohibited include, but are not limited to the following, siblings,
parents, grandparents, great-grandparents, in-laws, uncles, aunts, nephews, nieces, spouses,
children, and any step-mother, father, sibling or child.

O. Employees, when off-duty who become involved in any police-related incident, shall notify
an on-duty supervisor of the incident, as soon as possible.

P. Employees shall, at all times, observe and give effect to the policies of the Department.

V. PROFESSIONAL CONDUCT AND PERSONAL BEARING

A. Dereliction of duty on the part of any Employee, detrimental to the proper performance of
the functions of the Department, is cause for corrective action. The following subsections
constitute Dereliction of Duty.

1. Failure of a Supervisor or Commander to immediately take action when a violation
of rules or regulations comes to his attention from any source, regardless of the
Supervisor's or violator's assignment or rank within the Department.

2. Failure to deliver to the official departmental custodian any property found by,
confiscated by or relinquished to Officers of this Department without undue delay
and, in any event, before the tour of duty is ended.

3. Failure to place evidence in its officially designated place for preservation and
storage.

4. Failure to give the name and badge number to any person, in writing, when so
requested.

5. Failure to provide identification when requested.

6. Failure to take appropriate police action to aid a fellow peace Officer exposed to
danger or in a situation where danger might be impending.

7. Cowardice or failure to perform police duties because of danger

8. Any action which places any person in greater danger than is necessary for the
proper performance of the Employee's duties.

9. To offer, agree to accept, deliver or solicit a bribe. (A bribe shall be defined as a gift,
emolument, money, thing of value, testimonial, appointment, personal advantage,
the promise or solicitation of same for the purpose of obtaining special privileges or
personal gain by the donor or other person).

a. This provision does not preclude Employees from accepting discounted
services for food and beverages (non-alcoholic) or Police-related services or
products while on duty. Under no circumstances will an Employee use their
position as a Police Officer to solicit or request a discount on any product or
service, at any time.

10. Within the City of Eastland, Officers shall at all times take the appropriate action to:

a. Protect life and property;

b. Preserve the peace;

c. Prevent crime;

d. Detect and arrest violators of the law; and

e. Enforce all federal, state and local laws and ordinances coming within
departmental jurisdiction.

11. For the purpose of protecting life and property, Officers shall always be considered
on-duty while in the City of Eastland and shall be prepared to act to the extent
possible any time circumstances indicate their services are required.

a. The above enforcement action will not include, except in circumstances or
conditions allowed under General Order 400, Arrest and Investigative
Detention:

1. Officers of this Department while off-duty and out of uniform shall
not:

a. make arrests in their own quarrels, in those of their
families, or in disputes arising between their neighbors
unless the arrest is made in self-defense, to prevent injury
to another, or when a serious offense has been committed;


b. make any arrest after the consumption of alcoholic
beverages, except when necessary to prevent death or

serious bodily injury;

c. make arrests for any Class C misdemeanor, except to
prevent injury or to prevent a continuing breach of the
peace;

d. enforce any traffic law.

2. Enforcement responsibilities beyond the ability of the officer when
he is not armed. (Appropriate action in such cases may include
calling 911.)

B. No Employee shall be convicted of, nor commit any act or omission defined as a criminal
act.

C. No Employee shall engage in any conduct which adversely affects the morale or efficiency
of the Department or which has a tendency to adversely affect, lower or destroy the public
respect and confidence in the Department or Employee.

D. No Employee, when acting outside the course and scope of his duties, shall precipitate, cause
or escalate a disturbance or police incident to his discredit.

E. No Employee shall fail or deliberately refuse to obey a lawful order given by a Supervisory
member or an Investigator assigned to the Internal Affairs process.

F. Employees shall treat Supervisory members, subordinates and associates with respect. They
shall be courteous and civil, at all times, in their relationships with one another.

G. Employees shall not publicly criticize or ridicule the Department, its policies or other
Employees by talking, writing or expressing in a manner which:

1. Is defamatory;
2. Is obscene;
3. Is unlawful; or
4. Tends to impair the operation of the Department by interfering with its efficiency,
by interfering with the ability of Supervisors to maintain discipline or by a reckless
disregard for the truth.

H. No Employee shall be under the influence of drugs or be a user of drugs, when such drugs
are not prescribed by a physician or dentist or take drugs in a manner not prescribed by a
physician or dentist.

I. Employees will notify a Supervisor when they are taking any drug prescribed by a physician
or dentist which might impair their ability to operate a motor vehicle or which, the Employee
would reasonably believe might affect their judgment.

J . Employees will not use any unnecessary or inappropriate force against any person.

K. No Employee shall, at any time, ridicule, mock, deride, taunt or belittle any person.

L. No Employee shall willfully embarrass, humiliate or shame any person.

M. No Employee shall willfully harass any person nor take any action in a manner which might
incite a person to violence.

N. No Employee shall use loud or harsh language in performance of official duties except as
necessary to gain control of an escalating situation.

O. No Employee shall use indecent or profane language in the performance of official duties or
in the presence of the public.

P. Officers shall not engage in any conduct which constitutes conduct unbecoming an Officer
or neglect of duty.

Q. No Employee will make any comment or expression, either written or oral, which would
deride, demean, condemn or ridicule any person based upon their race, ethnicity, sex,
religion or sexual orientation, on or off duty, if such comment or expression will tend to
generate controversy and disruption within or outside of the Department, impede upon the
Department's general operation and performance and affect working relationships necessary
to the Department's proper functioning.

R. Employees will strive to ensure that the constitutional rights of all persons are protected and that
no department employee will engage in discrimination, oppression, or favoritism. This
Department does not endorse, train, teach, support, or condone any type of bias,
stereotyping, racial discrimination, or preferential treatment by its officers. All employees
shall adhere to established policies and procedures, as well as state and federal laws, the U.S.
Constitution, and U.S. Supreme Court rulings.
1. All Department employees are required to:
a. when possible prevent, report, and eliminate any occurrences of
discrimination, oppression, or favoritism by any member of the Department.
b. respect the diversity and the lawful cultural differences of all people.
S. Employees will be courteous and civil to the greatest extent possible when dealing with
members of the public or other members of the Department.

T. No Employee shall solicit any funds for the purpose of buying a gift for any member of the
Department. However, Employees may solicit nominal amounts from members of their
section or division for gifts for retiring fellow members or for special circumstances with the
permission of the Chief of Police or his designee.


U. No Employee shall receive any money or gifts from any type of solicitation except when
retiring from the Department or for special circumstances approved by the Chief of Police or
his designee.

V. Employees shall not buy anything from or sell anything to any complainant, suspect,
witness, defendant, prisoner or other person involved in any case, which has come to their
attention through their employment with the Department nor can they act as an intermediary
in the payment of a reward for the return of stolen property, without the prior authorization
of the Chief of Police. This does not prohibit Employees from dealing with legitimate places
of business.

W. No Employee shall conduct himself in the offices and buildings of the Department in a
manner that would discredit the police service.

X. No Employee shall engage in any form of gambling in the police locker rooms, assembly
rooms or any other police facility.

Y. No Employee shall engage in horseplay or the playing of pranks while on duty or in police
facilities.

Z. Uniformed Employees will render appropriate honors to the United States flag and national
anthem during ceremonial functions by assuming the position of attention and placing the
right hand over the heart (indoors) or saluting (outdoors). Employees in civilian clothing will
render appropriate honors by assuming the position of attention and placing the right hand
over the heart (both indoors and outdoors).


Officers will display the degree of integrity required by the:

Law Enforcement Code of Ethics

"As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and
property; to protect the innocent against deception, the weak against oppression or intimidation, and
the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty,
equality, and justice.

"I will keep my private life unsullied as an example to all; maintain courageous calm in the face of
danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others.
Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the
law of the land and the regulations of my department. Whatever I see or hear of a confidential
nature or that is confided to me in my official capacity will be kept ever secret unless revelation is
necessary in the performance of duty.

"I will never act officiously or permit personal feelings, prejudice, animosities, or friendships to
influence my decisions with no compromise for crime and with relentless prosecution of criminals. I
will enforce the law courteously and appropriately without fear or favor, malice, or ill will, never
employing unnecessary force or violence and never accepting gratuities.

"I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be
held so long as I am true to the ethics of police service. I will constantly strive to achieve these
objectives and ideals, dedicating myself before God to my chosen profession--law enforcement."

And, adhere to the I.A.C.P. OATH OF HONOR which states

ON MY HONOR

I will never betray my Badge, my Integrity, my Character or the Public Trust.

I will always have the courage to hold myself and others accountable for our actions.

I will always uphold the constitution, my community and the agency I serve.


VI. GENERAL CONDUCT

A. Employees shall, at all times, respond to the lawful orders of supervisory members and other
competent authority, as well as requests for police assistance from citizens.

1. The administrative delegation of the enforcement of certain laws and ordinances to
particular units of the Department does not relieve Officers of other units from the
responsibility of taking prompt, effective police action within the scope of those
laws and ordinances when the occasion so requires. Officers assigned to special duty
are not relieved from taking enforcement action outside the scope of their
specialized assignment when necessary. All members shall perform their duties as
required or directed by law, departmental rule and policy or by order of a superior
member.

2. Upon receipt of an order, which conflicts with a previous order or instruction; the
employee affected shall so advise the supervisor issuing the second order.
Responsibility for countermanding the original order shall rest with the supervisor
issuing the second order. Orders shall be countermanded or conflicting orders
issued, only when necessary for the good of the Department.

3. Supervisors shall not knowingly issue any order, which is in violation of or tends to
nullify, any Federal, State or local law or ordinance. Employees are not required to
obey any unlawful order, as obedience to an unlawful order is not a defense for any
unlawful action. Employees shall immediately report the receipt of any unlawful
order to the next supervisor in the chain of command.

4. Supervisors shall not knowingly issue an order which is in violation of or tends to
nullify, any Department rule or regulation, general or special order or a command
issued by the Chief of Police or his designee.

B. Officers shall respond, without delay, to all calls for police assistance from citizens or other
members.

1. Emergency calls will take precedence. However, all calls shall be answered as soon
as possible, consistent with normal safety precautions and traffic laws.

2. Except under the most extraordinary circumstances or when otherwise directed by
competent authority, no Officer shall fail to answer any call for service directed to
him.

C. Officers will investigate those incidents assigned or which come to their attention to the
fullest extent within their assigned responsibilities.


D. Within the City of Eastland, Officers shall, at all times, take appropriate action to:

1. Protect life and property.

2. Preserve the peace.

3. Prevent crime.

4. Detect and arrest violators of the law.

5. Enforce violations of all federal, state, local laws and ordinances, occurring within
Departmental jurisdiction.

E. The ranking on-duty Supervisor at the scene of any police incident shall be in charge and
responsible for the proper conclusion of that incident. In the absence of a supervisor, the
senior officer present shall be in charge and responsible for the handling of the incident. The
supervisor or senior officer shall remain at the scene until such time as the incident is under
control, is being handled in accordance with existing policies and sufficient instructions have
been issued to result in the proper conclusion of that incident.

F. Failure or deliberate refusal of any Employee to obey a lawful order given by a supervisory
member, personnel assigned to the Internal Affairs process or a Field Training Officer shall
be considered insubordination.

G. No Employee shall be absent without leave. Absence without leave shall mean either a
failure to report for duty at the time and place of duty or leaving a place of duty or
assignment without proper authorization.

H. Unless otherwise directed, Employees shall report to daily roll call at the time and place
specified in proper dress and equipment. They shall give careful attention to orders and
instructions.

I. The hours of all Employees shall be regulated by the Chief of Police or his designee, who
has the authority to call any Employee back to duty, regardless of the hours assigned to that
Employee.

J . It shall be the responsibility of Employees who cannot report for duty, due to illness, to
notify the on duty supervisor or senior officer at least two (2) hours prior to their reporting
time. Employees must give a telephone number and address where they can be located
during their normal tour of duty.

K. Employees shall furnish the Department a telephone number and address at which they may
be reached in the event of an emergency.

L. Employees shall report any change in address or telephone number within twenty- four (24)
hours of such change in the manner prescribed by the Chief of Police.


M. When Employees will not be available for more than twenty-four (24) hours at their listed
address and telephone number for an emergency call, they shall notify their supervisor who
shall record the time of departure, expected time of return, destination and, as far as practical,

information as to how and where they may be reached, in the event of an emergency.

N. Employees shall not work any outside or extra duty employment on the same calendar day
that they fail to report for duty due to illness or injury.

O. Employees are prohibited from following any other vocation which might conflict or
interfere with their responsibility to the Department.

1. Employees must receive permission from the Chief of Police or his designee to
engage in off duty employment or business activities.

2. Officers are prohibited from holding a deputation or commission from any other law
enforcement agency, except where authorized by law.

P. Employees shall remain alert, observant and occupied with police business, during their tour
of duty. When on duty, Officers shall devote their entire time and attention to the business of
the Department.

Q. Employees are prohibited from engaging in the following activities while on duty:

1. Sleeping, loafing or idling;

2. Recreational reading, except as follows;

a. During meals while in plain clothes;

b. During meals while in uniform and out of public view;

3. Conducting private business;

4. Carrying any articles which distract from the proper performance of police duty;

5. Drinking intoxicating beverages (except in the performance of a police duty and
then, only with the specific consent of a commanding Officer and never in uniform.)

6. Legal or illegal gambling (except in the performance of a police duty and then, only
with the specific consent of a commanding Officer and never in uniform.)

7. Any sexual conduct.


R. Employees shall promptly submit reports that are required by the performance of their duties
or by competent authority. Any required report shall be completed and approved by an on-
duty supervisor, before the end of that tour of duty.

S. Officers shall have prior approval of their supervisor before initiating undercover
investigations. In cases where officers are already deployed, in an undercover capacity and
they begin another assignment unrelated to the existing assignment, they shall notify their
supervisor, as soon as practical or within twenty-four (24) hours.

T. Employees shall not consume intoxicants, while off duty, to the extent that evidence of such
consumption is apparent when reporting for duty or to the extent their job performance is
impaired.

U. Employees shall not be intoxicated while on duty. They shall not at any time, on or off duty,
be intoxicated in public view.

V. No Employee, while in uniform, shall purchase, possess, be under the influence of or drink
intoxicants, on or off duty.

W. Employees shall not bring or keep any intoxicating liquor on departmental premises, except
for the following purpose;

1. Liquor brought on to departmental premises in the furtherance of a police task shall
be properly identified and stored according to policy.

X. Employees on duty or in uniform shall not enter taverns, theaters or other public places
except to perform a police service.

Y. When on duty in the presence of other members or the public, officers shall be referred to by
rank.

Z. Employees shall not smoke tobacco, chew tobacco or gum while making personal contacts
with citizens in the performance of duties.

AA. No expenditure of money shall be made or liability incurred in the name of the City of
Eastland or the Department unless authorized by the Chief of Police.

AB. Employees are prohibited from using city equipment, whether the equipment is owned or
leased, for any purpose other than departmental or city business. This prohibition applies to
both on and off duty conduct. Exceptions to this policy will require the prior approval of the
Chief of Police or his designee. Appropriate use of home storage vehicles will be governed
by the General Orders, specifically, General Order 4500 Agency Owned Vehicles. This
rule does not preclude the limited use of equipment or supplies deemed in the best interest of
the department, as determined by the Chief of Police or his designee.


VII. PROTECTION OF PRISONERS: THEIR RIGHTS AND PROPERTY

A. No Employee shall arrest any person or search any premises or person except with a warrant
of arrest, a search warrant or where such arrest or search is authorized without a warrant

under the laws of the State of Texas or the United States.

B. All Employees shall protect the rights of any person held in custody.

C. All Employees shall protect, to the extent reasonably possible, any person being taken into
custody from physical injury.

D. No Employee shall knowingly falsely arrest, imprison or direct any malicious prosecution
against any person.

E. No Employee shall willfully mistreat or give inhumane treatment to any person.

F. Employees shall use only such force as is necessary in effecting an arrest and maintaining the
custody of prisoners.

G. Officers shall use deadly force in effecting an arrest only as allowed by applicable to law.

H. Employees shall take all reasonable steps necessary to prevent loss or damage to property or
equipment belonging to a person in custody or which has come into the possession of the
Employee by reason of his office. NOTE: If loss or damage is the result of willful action or
negligence on the part of the Employee, the Employee may be required to make restitution in
addition to any corrective action under this code.

VIII. PUBLIC ACTIVITIES

A. Employees of the Police Department who wish to engage in partisan political activity will
observe the following restrictions:

1. While in uniform or on duty, an Employee may not engage in a political activity
relating to a campaign for an elective office, including any public election;

2. An Employee engages in a political activity if he:

a. Makes a public political speech supporting or opposing a candidate or issue;

b. Distributes a card or other political literature relating to a campaign of a
candidate or issue;

c. Wears a campaign button;

d. Circulates or signs a petition for a candidate or issue;


e. Solicits votes for a candidate or issue;

f. Solicits campaign contributions for a candidate or issue; or

g. Voluntarily appears either on duty or in uniform, in any type of news
related or advertising photographs with or for a candidate for public office.

3. While out of uniform and off duty, an Employee may engage in the political
activities as listed in Subsection 2, with the following exceptions;

a. An Employee may not solicit campaign contributions for a candidate other
than from members of an Employee organization of which he is a member;

B. An Employee of the Department may not become a candidate for elected office, except as
allowed by applicable General Orders and as prescribed by the City of Eastland personnel
policies and procedures;

C. No Employee shall seek the influence or intervention of any person, outside the Department
for the purposes of personal preferment, advantage, transfer or advancement. Should any
Employee learn of any such intervention on his behalf, he shall immediately notify the Chief
of Police in writing, providing the name, position (if applicable) and any other information
available of the person intervening or planning to intervene on the Employee's behalf.

D. No Employee shall become a member of any organization, association, movement or group
which advocates or approves the commission of acts of force or violence to deny others their
rights under the Constitution of the United States or which seeks to alter the form of
government of the United States by unconstitutional means.

E. No Officer shall participate in any type of disruptive protest demonstration nor shall any
Officer act as a spokesman, representative, or agent for any group engaged in or planning to
engage in any type of disruptive protest demonstration.

F. Officers shall not permit their name or photograph to be used to endorse any product or
service which is in any way connected with law enforcement without permission of the Chief
of Police. Officers shall not, without the permission of the Chief of Police, allow their name
or photograph to be used in any commercial testimonial which alludes to their position or
employment with the Department.

IX. CIVIL, CRIMINAL, JUDICIAL AND ADMINISTRATIVE INVESTIGATIVE ACTIONS

A. The Department has jurisdiction in criminal cases and civil parking cases only. No Employee
shall render aid or assistance in other civil cases except to prevent an immediate breach of the
peace or to quell a disturbance actually existing. This rule is not intended to prevent Employees
from informing any citizen as to steps necessary to institute a civil lawsuit.


B. No Employee shall investigate any criminal case or personally file any criminal charge in a
court of law against any person for a criminal offense committed where he or a family
member is a victim, except for Class C Misdemeanors occurring in the Employee's presence
while on duty. Other offenses that may be committed against him or members of his family

shall be reported to the division of the Department having responsibility for the investigation
of such offenses. Personnel of that division shall investigate and file such charges as may be
proper.

C. Employees are prohibited from establishing or maintaining what a reasonable person would
believe constitutes an inappropriate relationship with any person who is a known victim,
witness, suspect, or defendant of a case being investigated by the department during such
time that the case is being investigated or being prosecuted as a result of the investigation.

D. Employees shall be truthful at all times when conducting any official police related business.

E. Employees shall answer questions or render material and relevant statements to a competent
authority in a departmental personnel investigation, when so directed.

F. No Employee shall willfully misrepresent any matter, sign any false statement or report,
commit perjury or give false testimony before any court, grand jury, board, commission,
administrative investigation, official or Departmental hearing.

G. No Employee shall knowingly falsify any report, document or record or cause to be entered
any inaccurate, false or improper information on records, documents or reports of the
Department or of any court or alter any record, document or report, except by supplemental
record, document or report. No Employee shall remove or destroy or cause the removal or
destruction of any report, document or record without authorization.

H. Employees must be present and available to testify in any court or before any grand jury in
any county in which the City of Eastland is located when officially notified to appear. In
criminal cases outside those counties and in all civil cases, Employees shall respond to a
legal subpoena only.

I. Employees who, for a valid reason, are unable to answer to an official summons must be
excused by the court or grand jury prior to the time they are scheduled to appear. The reason
for the excused absence shall be reported according to procedures set forth in the General
Orders.

J . Any Employee who is subpoenaed or volunteers to testify for the defense in any criminal or
civil trial or hearing against the City of Eastland or the Department, in any hearing or trial,
shall notify the Chief of Police in writing upon receipt of the subpoena or of his intention to
testify prior to his appearance as a witness.

K. No Employee shall accept a fee as a witness in any criminal or civil case if the matter relates
to the exercise of the Employee's official duties.


L. Employee's shall not engage in any of the following conduct:

1. Interfering with the service of lawful process;

2. Interfering with the attendance or testimony of witnesses through coercion, bribery
or other means;

3. Attempting to have any Notice to Appear or traffic citation reduced, voided or
stricken from the calendar without the approval of the Chief of Police or his
designee;

4. Recommending a dismissal, reduction of charges or other disposition of a pending
criminal case which has been previously filed in any criminal court or before any
grand jury, except by written approval of the Chief of Police or his designee;

5. Taking any other action which interferes with the efficiency or integrity of the
administration of criminal justice or departmental discipline; or

6. Having knowledge of such interference and failing to inform a superior officer
immediately in writing.

M. No Employee shall make known any information concerning the progress of an
investigation, a known or reported law violation, a condition against which action is to be
taken at a future time or any proposed police operation to any person not authorized to
receive same.

N. Employees shall not communicate in any manner, either directly nor indirectly, any
information which may assist persons guilty or accused of criminal or quasi-criminal acts to
escape arrest or punishment or which may enable them to dispose of or secrete evidence of
an unlawful activity, money, merchandise or other property unlawfully possessed or
obtained.

O. No Employee shall release any police report, police record, arrest report, prosecution report,
criminal history file, mug shot photograph or other record or report to any person or agency
which does not have a criminal justice function unless ordered by a lawful subpoena or first
approved by the Chief of Police or his designee.

P. Employees shall not communicate in any manner, either directly or indirectly, any
information regarding personnel issues, notice of claims, civil litigation or any other
information regarding the inner working operations of the department, to any person outside
the department other than those approved by the Chief of Police.

Q. Only those Employees designated by the Chief of Police are custodians of Eastland Police
Department records, for purposes of dissemination outside the department.


X. CONFLICT OF INTEREST

A. Definition: A conflict of interest arises whenever an Employee intentionally disregards the
public interest in favor of other interests, personal or otherwise. Likewise, a conflict exists
whenever, due to personal or financial interests, an Employee is incapable of performing his
official duties impartially or chooses not to perform them impartially. A conflict of interest
may exist whenever an Employee has a substantial personal or private interest in a matter
which involves his duties and responsibilities as an Employee. The trust of the citizenry
demands that an Employee take no action which would constitute the use of City
employment to advance personal or private interests.

B. An Employee will avoid any action, whether or not specifically prohibited by law, which
may reasonably tend to affect his job performance by creating the effect or appearance of:

1. Using public office for private gain;
2. Giving preferential treatment to any person; or
3. Losing independence or impartiality.

C. Employees while in uniform, on or off duty, shall not endorse any person or participate in
any activity that might tend to bring into question the impartiality or a perception of
impartiality of the Eastland Police Department toward any group in the performance of the
Department's public responsibilities.

D. All Employees will avoid situations which give rise to an actual or apparent conflict between
their professional responsibilities and their relationships with other Employees.

E. Members of the Department will not enter into an on-going, lengthy or continual financially
significant off-duty employer/employee or business relationship with members of their chain
of command. If this arrangement is seen as necessary or should a transfer or promotion create
an apparent violation of this rule, members will immediately notify the Chief of Police or his
designee in written memorandum form.

1. The memorandum should detail the nature and extent of such relationship.

a. It then becomes the responsibility of the Chief of Police or his designee to
take action appropriate to eliminate the conflict, keeping the best interests of
both the Department and the involved Employees in mind.

b. The Chief of Police or his designee may determine that no significant
conflict exists. If conflict does in fact exist, he may require:

1. Changes in assigned duties;
2. Changes in assignment;
3. Disqualification from a particular assignment; or
4. Divestment by the Employee of his conflicting interest.

F. Employees shall not, under any circumstances, solicit any gift, gratuity, loan or fee where
there is any direct or indirect relation between the solicitation and their departmental

membership except as provided by law and approved by the Chief of Police.

G. Employees shall not accept, either directly nor indirectly, any gift, gratuity, reward, loan, fee
discount, rebate or special consideration arising from or offered because of police
employment or any activity connected with such employment that might reasonably tend to
influence the Employee in the discharge of his official duties.

H. Employees shall not accept a reward or any gift, favor, privilege or employment from any
public utility corporation or licensee, the granting of whose license is subject to regulation or
approval by the Chief of Police, except as may be authorized by City Ordinance, or these
policies.

I. Employees shall not buy anything from or sell anything to any complainant, suspect,
witness, defendant, prisoner or other person involved in any case which has come to their
attention through their employment with the Department, nor can they act as an intermediary
in the payment of a reward for the return of stolen property without the prior written
authorization of the Chief of Police. This does not prohibit Employees from dealing with a
legitimate place of business.

J . Any reward paid or sent to any Employee shall be promptly submitted, by that Employee, to
the Office of the Chief of Police, which shall deposit it into any fund from which the
departmental Employees derive benefits.

K. Employees shall not suggest, recommend, advise or otherwise counsel the retention of any
attorney, bail bond broker or tow truck operator to any person coming to their attention as a
result of police business. This does not apply when a relative or personal acquaintance of the
officer seeks such service. No advice may be given where a fee, gratuity or reward is offered
by or accepted from any attorney or bail bond broker or tow truck operator.

L. No Employee shall give any lawyer, bondsman, tow truck operator or the agent of either or
any other person not authorized, any information regarding prisoners in confinement,
property in custody or records of the Department.

M. Employees shall not furnish bail or act as a principal or surety on any bail bond or bail bond
application for any person charged with any type of criminal offense, except members of
their immediate family.

N. Except for official police duties, no Employee of this Department shall associate with
persons whom the employee could reasonably be expected to know were of immoral
character, convicted felons, gamblers or other persons who habitually commit violations of
the law. This does not exclude an employee of the Department from associating with
members of his immediate family, if they should fall within the aforementioned category.


O. Employees shall not permit their name or photograph to be used to endorse any product or
service which is in any way connected with law enforcement without the permission of the

Chief of Police. Employees shall not, without the permission of the Chief of Police, allow
their name or photograph to be used in any commercial testimonial which alludes to their
position or employment with the Department.

P. No Employee while in uniform, on or off-duty, shall endorse or participate in any activity
which would result in the perception of actual or tacit approval of that activity by the
Department without the expressed, written permission of the Chief of Police.

Q. Debts - incurrence and payment.

1. Employees shall not solicit subordinate members to co-sign or endorse any
promissory note or other loan.

2. Employees shall pay all just debts and legal liabilities incurred by them.

XI. EFFECTIVE DATE


B. If any section, sentence, clause or phrase of this General Order is, for any reason, held to be
invalid, such decision shall not affect the validity of the remaining portions of this General
Order.

C. All training on this General Order will be in accordance with General Order 100, Written
Directive System, Chapter VIII; Training.


SUBJECT: DISCIPLINE
Complaints Against Police Personnel
NUMBER: 300

BEST PRACTICE STANDARDS: 2.04.1, 2.05.1, 2.06.1, 2.07.1, 2.08.1, 2.09.1, 2.10.1
NOTE: This General Order is for internal use only, and does not enhance an officer's civil or criminal
liability in any way. It should not be construed as the creation of a higher standard of safety or care in
an evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can
only form the basis of a complaint by this Department and only in non-judicial, administrative setting.
________________________________________________________________________________________
INDEX WORDS:
Appeals and Grievance Personnel Incident Form
Behavioral Cause Investigations Internal Affairs
Burden of Proof Internal Investigations
Classifications Lineups (Employee Photographs)
Complaint (Defined) Desks/Lockers/Vehicles(Search Of)
Criminal Misconduct Laboratory Examinations
Discipline Medical Examinations
Emergency Relief from Duty Suspensions
Internal Affairs Unit Time Limits

I. PURPOSE

This General Order establishes procedures for the filing, investigating, and dispositions of internally
and externally originated complaints against employees of the Eastland Police Department. These
complaints include all alleged or suspected violations of the Code of Conduct, Department General
Orders, the City of Eastland personnel Rules and Regulations, the Charter or Ordinances of the City
of Eastland, the laws of the State of Texas or of the United States.

II. POLICY
The image of the department depends on the personal integrity and discipline of all Departmental
employees. To a large degree, the public image of this department is determined by the professional
response of the Department to allegations of misconduct against its employees. The Department
must competently and professionally investigate all allegations of misfeasance, malfeasance or non-
feasance by employees and complaints bearing on the Departments response to community needs.

General Order 300 Discipline/Complaints Against Police Personnel 301

III. PROCEDURES

A. The Department encourages citizens to bring forward legitimate grievances regarding
misconduct by employees. Department members shall receive complaints courteously and
shall handle them efficiently. All officers are obligated to explain the complaint procedures
to inquiring citizens.

B. The Department recognizes that its personnel are often subject to intense pressures in the
discharge of their duties. The employee must remain neutral under circumstances that are
likely to generate tension, excitement, and emotion. In such situations, actions, and events
frequently result in misunderstanding and confusion. It is to the advantage of all employees
to have a procedure for the investigation of the more serious allegations and underlying
circumstances so that complaints can be resolved in light of the complicated pressures of
police work.

C. A brochure of How to File a Complaint will be maintained in the front lobby of both the
Police Department and City Hall, provided to media representatives upon request and will be
given to any citizen requesting information on how to make a complaint against an employee
of the Department.

IV. DEFINITIONS

A. Discipline - A method of training or developing any employee by proper supervision and
instruction. Discipline can be positive (awards) or negative (punishment).

B. Disciplinary Action - Punitive measures taken against an employee as the result of a
complaint(s) of one or more violations which have been sustained by administrative
investigation. These measures include written reprimand, suspension, demotion or
termination.

C. Discipline (Positive) - Positive discipline is oriented towards seeking voluntary compliance
with established policies, procedures, orders. Methods of positive discipline include:

1. Recognition of excellent job performance through rewards or awards.

a. When positive feedback concerning an employees performance is received
from people outside the Department, the person who receives the
information shall make a record of the comments which will be passed to
the employee and the employees supervisor.

b. Normally, when the Chief receives positive comments about an employee,
he will write an acknowledgment thanking the citizen. Copies of the
citizens statement and the Chiefs response are sent to the officer involved,
the supervisor and, if a significant action, a copy of all correspondence is
placed in the employees personnel file.


c. Truly exceptional acts should be clearly and promptly identified to the
Chief of Police. Such acts may be the basis for special awards or for special
recognition by citizen-community groups or media coverage.

2. Discussion, Counseling or Training.

D. Complaint Defined - Any allegation of conduct by an employee which is:

1. Unconstitutional;

2. Unlawful; or

3. A violation of Departmental policy or City of Eastland personnel rules.

E. Misconduct - shall be defined as any non-compliance with any rule or procedure in this
General Orders Manual, other Departmental or City orders, administrative regulations or the
City of Eastland Personnel Policies and Procedures Manual that may result in disciplinary
action.

F. Non-Disciplinary Action - Oral or written counseling given to an employee to bring attention
to noted job performance deficiencies or chronic regulation infractions in an effort to induce
voluntary compliance.

G. Personnel Incident Form (EPD-113) A form used by the supervisor who initially receives
information, to report details of alleged employee misconduct or to report favorable actions
of an employee.

H. Preliminary Investigation - To determine if the allegation is valid by a person(s) with
personal knowledge.

I. Level I Complaints

1. Crime - Complaint of involvement in criminal conduct, such as bribery, theft, perjury,
etc.

2. Excessive Force - Complaint that the use or threatened use of force against a person
was unreasonable or unjustified.

3. Arrest/Detention - Complaint that the restraint of a persons liberty was improper or
unjustified.

4. Entry - Complaint that entry into a building or other property was improper and/or
that excessive damage was caused to the property to gain entry.

5. Search - Complaint that the search of a person or property was illegal, improper or
unjustified.


6. Harassment or Discrimination - Complaint that taking, failing to take, or the method
of police action was predicated upon factors that were irrelevant, such as race, attire,
sex, age, etc.

7. Serious Rule Infractions - Complaint such as disrespect toward a supervisor,
intoxication on duty, sleeping on duty, neglect of duty, false statements,
malingering, reckless or dangerous driving.

J . Level II Complaints

1. Demeanor - Complaint that an employees manner, gestures, language or other
actions were offensive or inappropriate or gave the appearance of a conflict of
interest or misuse of influence.

2. Minor Rule Infraction - Complaint such as tardiness, faulty driving or failure to
comply with established Department or City policies and procedures.

V. REQUIREMENTS FOR MAKING FORMAL COMPLAINTS

Personnel complaints shall be conducted in accordance with Section 614.022, Government Code, as
interpreted by the City Attorneys office.

A. Persons wishing to make formal complaints must do so by submitting a written statement of
the complaint, accompanied by their signature. A notarized affidavit is preferred, but not
required.

B. A signed letter of complaint may be sufficient after verification that it is not fictitious or
signed with a fictitious name. This determination shall be made by the Chief of Police or his
designee.

C. An internally originated complaint may be made by any Department supervisor or other
employee, by submitting a written statement with signature or by notarized affidavit.

D. Internal Affairs Unit personnel may serve as the complainant of an externally originated
complaint that cannot or will not be made by the original complainant as outlined in
paragraph A of this Section. This, however, will only be done upon the showing of
substantial evidence that a significant violation has occurred.

VI. TIME LIMIT ON ACCEPTING COMPLAINTS

Personnel complaints shall not be accepted more than thirty (30) days after the alleged incident
except for the following exceptions:

A. When the complaint involves a criminal violation, the criminal statute of limitations will
prevail. However, such limitations shall not prevent the Chief of Police from taking
disciplinary action deemed necessary to preserve the integrity of the Department.

B. When the complainant can show good cause for not making the complaint within the
specified time limit, the complaint may be accepted. This determination shall be made by
the Chief of Police.

C. When otherwise authorized by the Chief of Police.

VII. ANONYMOUS COMPLAINTS

Anonymous complaints shall be investigated by personnel assigned to the Internal Affairs function,
only at the specific direction of the Chief of Police. If a preliminary investigation identifies a
violation, the formal complaint shall be signed by the employee assigned.

VIII. INVESTIGATION RESPONSIBILITY

A. All Level I complaints will be formally investigated by personnel assigned to the Internal
Affairs function or by an outside agency, i.e. the Texas Rangers.

B. Level II complaints shall be initiated by generating a Personnel Incident Form (EPD-113) or
an Inter-Office Memorandum and will be conducted at shift level with prior approval from
the Chief of Police or his designee.

C. Level II complaints can be investigated at the shift level with approval from the Chief of
Police or his designee, these investigations will be referred to as Shift Level Investigations.

D. If Level II complaints are to be forwarded to personnel assigned to the Internal Affairs
process for a more in-depth investigation, approval must first be obtained from the Chief of
Police or his designee.

IX. AUTHORITY AND RESPONSIBILITY

A. All Employees

1. Non-supervisory personnel shall utilize their chain of command to report infractions.
Non-supervisory personnel may report infractions directly to the Chief of Police, if
that infraction involves a person in their immediate chain of command or the
infraction is of a Level I classification.

2. Any employee who gains knowledge of a reported infraction shall immediately submit a
memorandum outlining the details of the reported infraction to his supervisor as soon as
practical. If the infraction involves that employees immediate supervisor, the
memorandum shall be submitted to the Chief of Police without unnecessary delay.


B. Supervisors

1. Supervisory and command personnel shall initiate a Personnel Incident Form or an
Inter-Office Memorandum detailing the nature of the infraction, immediately upon
becoming aware of a violation by any member of the Department.

2. Supervisory personnel shall fully investigate any violations designated as Level II
infractions at shift level.

3. Violations designated as Level I infractions shall be forwarded directly to the Office
of the Chief of Police, in a detailed Personnel Incident Form or memoranda through
their chain of command.

4. Any employee who initially becomes aware of another employees involvement in a
Level I incident shall inform the on-duty supervisor. If the violation is of a serious
nature, the on-duty supervisor shall notify the Chief of Police or his designee. The
Chief of Police or his designee will then determine whether to relieve the accused
employee from duty.

C. Internal Affairs Process

1. The Eastland Police Departments Internal Affairs function shall be comprised of
employee(s) selected by the Chief of Police. While the employee(s) may have other
duty assignments, matters related to the Internal Affairs function shall take priority.

2. Internal Affairs shall conduct an investigation, upon approval from the Chief of
Police, at the request of any employee of the Department, who feels justifiably
threatened by a false accusation or contrived situation involving false evidence.

a. An employee, who is the victim of sexual harassment, as defined in the City
of Eastland Personnel Policies and Procedures Manual, is authorized to
report that accusation directly to personnel assigned the Internal Affairs
function, the Chief of Police or the Human Resources Department at City
Hall.

3. Personnel assigned to the Internal Affairs function will be responsible for
investigating Level I complaints, but may investigate Level II complaints, as
authorized by the Chief of Police.

4. Internal Affairs personnel shall exercise staff supervision over all complaints and
Shift Level Investigations, as outlined in Section VIII of this General Order.


D. Traffic Citations/Arrests

1. Supervisors who initially become aware of complaints from citizens, regarding a
dispute over points of law regarding their guilt or innocence in the issuance of a
traffic citation or subsequent to an arrest, shall document that information as
prescribed by the Chief of Police. However, if a citizen can furnish sufficient
evidence that a violation of law or Departmental policy has occurred, the complaint,
at the discretion of the Chief of Police, may be investigated.

X. INVESTIGATION OF EXTERNALLY ORIGINATED COMPLAINTS

A. Level I Complaints

1. Citizens who telephone or appear in person, during business hours, wishing to make
a complaint against an employee, will be referred to the on duty supervisor or senior
most officer on duty.

2. When a Level I complaint is received after hours, the on-duty supervisor or senior
officer on duty will immediately notify the Chief of Police who will then assign
personnel who will respond accordingly; and:

a. interview the complainant in person or by telephone to obtain all pertinent
information so that the complaint may be documented.

b. advise the complainant that the complaint must be made in writing and
signed by the complainant, if it is to be formally investigated. If the
complainant desires to sign the complaint, the investigator shall advise him
to appear in person so that an affidavit may be obtained. If the complainant
cannot appear in person, the investigator shall advise the complainant to
send a signed, notarized document, addressed directly to the Chief of
Police;

c. a How to File a Complaint brochure will be given to any complainant
who does appear in person at the police department.

3. The Chief of Police or his designee shall examine the content of the complaint to
determine if it meets the requirements of a Level I complaint, i.e. alleges a violation
of the law or the regulations of the Department and/or the City of Eastland.

4. After review of the complaint and determination that an investigation is warranted,
the Chief of Police or his designee will have Internal Affairs personnel issue a
control number and will assign an investigator to the case.

5. The accused employee may be required to report to Internal Affairs personnel, at the
onset of an investigation, if the Chief of Police or his designee deems it necessary
and will be required to respond, both orally and in writing, to the complaint. It
should be noted here that in an Internal Investigation, Miranda does not apply.

B. Level II Complaints

1. Citizens who telephone or appear in person during business hours on weekdays and
wish to make a complaint against an employee shall be referred to the on duty
supervisor, who will determine if the complaint is to be referred to the employees
supervisor.

2. When the supervisor is unavailable, complainants shall be referred to the senior
most officer on duty who will:

a. interview the complainant in person or by telephone to obtain all pertinent
information, so that the complaint may be placed on a Personnel Incident
Form or documented in a memorandum;

b. forward the original Personnel Incident Form to the employee(s) chain of
command for recommendations.

c. upon completion, the Personnel Incident Form will be submitted to the
Office of the Chief of Police.

3. When a Level II complaint is received by Internal Affairs and the infraction is to be
handled at the shift, unit or division level, the documentation will be delivered to the
appropriate supervisor who shall investigate the allegation. The infraction will be
properly documented on a Personnel Incident Form.

4. An accused employee(s) will be required to respond, both orally and in writing, to
the complaint.

XI. INVESTIGATION OF INTERNALLY ORIGINATED COMPLAINTS

A. The supervisor who initially becomes aware of an alleged or suspected Level I violation shall
immediately notify the Chief of Police or his designee and shall submit a memorandum,
detailing the allegation.

B. The Chief of Police or his designee will examine the memorandum or Personnel incident
Form, detailing the content of the allegation, to determine if the requirements of a complaint,
i.e. allegations of a violation of law, the General Orders of the Department or the City of
Eastland Personnel Policies and Procedures, are stipulated.

C. The Chief of Police or his designee who will determine if Internal Affairs personnel will be
assigned to the case, at which time a control number will be issued to the investigation.

D. At the discretion of the Chief of Police, if the investigation is to be conducted at shift level,
the investigative file shall be set up and delivered to the appropriate supervisor assigned to
the investigation.


E. If the investigator is a supervisor, not assigned to the Internal Affairs function, that
supervisor shall, at the conclusion of his investigation, forward the entire investigative file,

including all copies, directly to The Office of The Chief of Police. A supervisor not assigned
to the Internal Affairs function, assigned to investigate a complaint, serves only in a fact
finding role and shall include a finding as to classification of the complaint, i.e. sustained,
not sustained, unfounded, etc., but shall not make a recommendation as to discipline. No
copies shall be retained or forwarded to any other individual(s).

F. The accused employee may be required to report to Internal Affairs at the onset of an
investigation, if deemed necessary and will be required to respond, both orally and in
writing, to the complaint.

XII. EMPLOYEES RIGHTS DURING INTERNAL INVESTIGATION

A. Requirement to Answer Questions

1. An employee shall be required to answer questions relating to his duties and can be
disciplined for refusal to answer such questions. (Refer to Garrity v. New J ersey,
385 U.S. 483 and Gardner v. Broderick, 392 U.S. 273).

2. Any such required statements could be used against the employee in a disciplinary
action or civil proceeding. The statements would not be admissible in subsequent
criminal action.

B. Supervisors Presence during Interview

1. An accused employee may request that his immediate supervisor or other member of
his chain of command be permitted to attend an interview regarding an investigation
of non-criminal conduct. The supervisor may attend in an observation capacity only
and shall not take an active part in the interview. An employees supervisor shall
not be permitted to attend an interview regarding an investigation of criminal
conduct.

C. Counsels Presence during Interview

1. The accused employee will not be permitted to have counsel present during an
interview concerning an internal investigation. The Fifth Amendment right to
counsel does not apply to administrative matters. (Refer to Garrity v. New J ersey,
385 U.S. 483 and Gardner v. Broderick, 392 U.S. 273).

2. An accused employee is not entitled to receive the Miranda warning during an
administrative investigation. The employee shall be directed to read and sign the
Administrative/Investigative Warning, also known as a Garrity Warning and shall be
provided with a copy.


D. Search of Equipment

1. Internal Affairs personnel may, at the direction of the Chief of Police or his
designee, conduct reasonable searches of Departmental equipment (lockers, desks,
vehicles, etc.) and facilities for the purpose of identifying and securing evidence that
may be utilized as part of an administrative investigation. This type of search may
also be conducted by supervisory personnel, when personnel assigned to the Internal
Affairs function are unavailable and the need for an immediate search exists. The
search must be approved in advance by the Chief of Police or his designee and the
circumstances shall be documented by the supervisor, in a memorandum to the
Chief of Police.

2. Employees of the Department have no right to or expectation of privacy in
departmental equipment including lockers, desks, vehicles, in personal equipment
utilized while on duty or to provide police services.

E. Special Examinations

1. An accused employee may request, by memorandum to the Chief of Police, to
undergo a behavioral cause investigation, blood test or polygraph examination, if he
believes such would be beneficial to his defense. The Chief of Police shall authorize
or deny all such requests.

2. The Department may require an accused employee to submit to a behavioral cause
investigation, polygraph examination, medical or laboratory examination. The
results of such examination would be limited to administrative use, except as
provided by law.

3. Should the accused employee refuse to take the test, after being ordered by the Chief
of Police or other competent authority, the accused employee may be subject to
disciplinary action up to and including termination for Insubordination, for refusal to
obey or failure to follow a direct order.

F. Polygraph Examination

1. In some cases, a complainant may undergo a polygraph test to substantiate his
allegations made against an employee in an affidavit.

a. When the test reveals no deception on the part of the complainant, the
accused employee may be ordered to submit to a polygraph test.

2. If the accused employee refuses to take the test, after being ordered by the Chief of
Police or other competent authority, the accused employee may be subject to
disciplinary action, up to and including termination, for Insubordination for failure
to follow a direct order.


3. Should the investigation originate from an internal allegation, the involved
employee(s) may be ordered to take the polygraph examination, when deemed to be
in the best interest of the Department.

a. If the accused employee refuses to take the test, after being ordered by the
Chief of Police or other competent authority, the accused employee may be
subject to disciplinary action, up to and including termination, for
Insubordination for failure to follow a direct order.

G. Medical and Laboratory Examination

The Chief of Police, his designee or any supervisor may, based on personal observation,
require a Department employee to submit to a test for alcohol or drug use while on duty.
The results may be used in the disciplinary process. Refusal to submit to the examination
will be grounds for disciplinary action, up to and including termination.

1. If the employee is believed to be under the influence of alcohol, an on-duty
Supervisor shall administer the test. The highest ranking officer available shall
witness the test and sign the report. The portable breath testing instrument (P.B.T.)
will be used to perform this test.

2. If the employee has a reading of .01 or higher or there is other competent evidence
of impaired abilities to perform duties, the officer shall be relieved of duty
immediately and, as soon as possible, the Chief of Police or his designee will be
notified.

3. If the employee is believed to be under the influence of self administered drugs, he
may be compelled to submit to a blood and/or urine test. The test shall be
administered under medical supervision where hygienic safeguards are met. The
sample will be handled using the same safeguards as evidence in a criminal
process.

4. If the test shows positive results or there is other competent evidence of impaired
abilities to perform duties, the officer shall be relieved of duty immediately and, as
soon as possible, the Chief of Police or his designee will be notified.

4. If the accused employee refuses to take the test, after being ordered by competent
authority, the accused employee shall be relieved of duty immediately and, as soon
as possible, the Chief of Police or his designee will be notified. At the discretion of
the Chief of Police or his designee, the employee may then be subject to disciplinary
action, up to and including termination, for Insubordination for failure to follow a
direct order.


H. Photograph and Lineup Identification Procedures:

Officers may be required to stand in a lineup for viewing by citizens, for the purpose of
identifying an employee accused of misconduct. Refusal to stand in a properly conducted
lineup is grounds for disciplinary action, up to and including termination.

1. A photo identification book of Department employees may be maintained, for the
purpose of identification, by citizens, of an employee accused of misconduct.
Photographs of employees for the identification book are required by the
Department and shall be used when narrowly related to the employees job.

2. Photographs or videotape pictures of employees, with or without an employees
consent, may be taken for the purpose of internal investigations, as related to the
employees job, when the employee is suspected of misconduct.

I. Time Limit on Internal Investigations

1. The Department has an obligation to ensure the complaint is investigated promptly. The
investigation will be conducted with the greatest degree of efficiency and will be
concluded in a timely manner. Unless special circumstances prevent, investigations
will be investigated and completed within 30 days, including the taking of disciplinary
action, if warranted. Extensions may be granted upon written request and written
approval from the Chief of Police.

XIII. COMPLETION OF COMPLAINT INVESTIGATION

A. Upon conclusion of a formal investigation, complaint(s) will be classified as:

1. Unfounded - Allegation is false or not factual.

2. Exonerated - Incident complained of did occur but was lawful and proper.

3. Not sustained - Insufficient evidence either to prove or disprove the allegation.

4. Sustained - Allegation is supported by sufficient evidence.

5. VNR - Violation not related to initial complaint.

B. Upon completion of the investigation, Internal Affairs or supervisory personnel shall forward
the file to the Chief of Police for final review.

C. The Chief of Police or his designee will notify the complainant of the final disposition,
except when a pending criminal case might be compromised by disclosure of this
information.


D. Regardless of disposition, all complaints that are investigated shall be submitted to the Chief
of Police for review. The Chief of Police may forward the investigation to the appropriate
Division Commander so that preventive measures can be taken to avoid similar complaints in
the future.

XIV. CONFIDENTIALITY OF INVESTIGATIONS

A. All complaint investigations shall be considered confidential and, except as provided below,
no portion of the investigations may be reproduced without the expressed written authority
of the Chief of Police.

B. Any employee or external complainant, upon written request, shall be provided with a copy
of his own work product. All copies, when the original has become part of the investigative
file, must be stamped as confidential and issued by the Office of the Chief of Police.

C. Investigative reports shall not be released, except that which is required by law under open
records statutes or that which is authorized by the employee in writing.

D. Information that is considered public under open records statutes includes:

1. Name of the complainant;

2. Name(s) of the employee(s) complained on;

3. Brief synopsis of the complaint including date, time, and location;

4. Disposition of the complaint including disciplinary action, if any.

E. The Office of the Chief of Police, working in conjunction with the City Attorney, must
respond to any subpoena for records. However, it shall be the policy of this Department to
contest all such subpoenas. If a court of competent jurisdiction orders the Department to
produce the records, the order will be complied with, after consultation with the City
Attorneys Office.

XV. RECOMMENDATIONS OF DISCIPLINE SUSTAINED COMPLAINTS

A. When the investigation of a sustained complaint has been completed and it has been
reviewed by the legal staff, the completed case file will be forwarded to the Chief of Police

B. The Chief of Police or his designee will solicit recommendations for disciplinary action from
the involved employee(s) chain of command.

1. For purposes of this General Order, the term immediate supervisor shall include
only those holding the rank of Police Sergeant or above.


C. All recommendations of discipline will address the following areas:

1. Seriousness of the offense;

2. Previous history of the involved employee(s);

3. Review of prior performance evaluations for the involved employee(s);

4. Identification of any previous disciplinary action administered for violations which
are the same or similar in nature. This is to ensure consistency in discipline; and

5. The final recommendation for discipline.

D. All proposed or initial drafts of disciplinary recommendations may be reviewed by the City
Attorney prior to submission to the Chief of Police.

E. When all recommendations have been received, a final decision will be rendered by the
Chief of Police.

XVI. TYPES OF DISCIPLINARY ACTIONS

A. All disciplinary action will be based on substantial evidence. Proof beyond a reasonable
doubt or a preponderance of the evidence is not required. (Refer to Edmonds v. McNeal,
596 S.W. 2d 403.)

1. Substantial evidence is defined as such evidence that a reasonable mind might
accept as adequate to support a conclusion. It is that quality of evidence necessary
for a court to affirm a decision of an administrative board.

2. Proof beyond a reasonable doubt is defined as such proof as precludes every
reasonable hypothesis except that which it tends to support and which is wholly
consistent with the defendants guilt and inconsistent with any other rational
conclusion.

3. Preponderance of evidence is defined as evidence which is of greater weight or
more convincing than the evidence which is offered in opposition to it.

B. Non-Disciplinary Action

The following types of non-disciplinary action can be assessed by the employees chain of
command:


1. Verbal Warning - The purpose of a verbal warning is to allow a supervisor to bring
to the employees attention the need to improve his work performance, work habits,

behavior, or attitude, and to serve as a warning against further unsatisfactory
conduct.
The supervisor shall utilize the occasion to identify and define the area needing
improvement and inform the employee as to how such improvement can be
realistically achieved. The supervisor shall document the verbal warning on a
Personnel Incident Form and forward it through the chain of command.

a. Upon request of the employee and approval from his chain of command, the
documentation of the verbal warning may be removed from the file and
destroyed after a period of six months.

2. Written Warning - The purpose of a written warning is to bring, to the employees
attention, the need to improve his performance, work habits, behavior or attitude,
where a verbal warning has not resulted in expected improvement or when action
more serious than a verbal warning is warranted. The supervisor shall document the
violation on a Personnel Incident Form and forward same, to the Chief of Police,
with a recommendation for a written warning. Upon approval by Chief of Police or
his designee, the form and the written warning issued by the supervisor shall be
placed in the employees departmental file. If not approved, the supervisor shall
retain the option to issue a verbal warning, unless otherwise directed.

a. Upon request of the employee and approval from his chain of command, the
written warning may be removed from the file and destroyed after a period
of one year.

3. Training - When additional training is warranted and approved by the Division
Commander or his designee.

C. Disciplinary Actions

1. The following types of disciplinary actions will be assessed by the Chief of Police
and administered by the Chief or his designee.

a. Written Reprimand

b. Suspension;

c. Demotion;

d. Termination.

2. Disciplinary action involving potential monetary loss by the employee, including
suspension, demotion or termination, shall only be assessed subsequent to the
completion of a formal internal investigation.

XVII. SPECIAL PROCEDURES

A. Complaints Involving Alleged Criminal Violations

1. All criminal investigations involving Departmental employees shall be conducted by
the Sergeant of the Criminal Investigation Division, unless otherwise directed the
Chief of Police. The Chief of Police may, at his discretion, request an outside law
enforcement agency, i.e. the Texas Rangers, to conduct a criminal investigation
involving a Department employee.

2. When an employee of the Department is apprehended in the act of committing a
criminal violation, the following shall apply:

a. If the offense is a Class C misdemeanor and the employee is issued a
citation, the officer who issues such a citation shall inform his supervisor,
who will forward a copy to the Chief of Police though the chain of
command.

b. If the employee is subject to custodial arrest, the employee shall be taken to
the proper detention facility and booked on the appropriate charge. The
arresting officer shall immediately notify his supervisor who shall then
immediately notify the Chief of Police.

3. Any time an employee of the Department learns that a law enforcement agency,
other than the Eastland Police Department, has arrested or issued an arrest warrant
for an employee of this Department, the employee shall immediately report the
information concerning the arrest and/or the warrant to the Chief of Police, through
his chain of command.

B. Departmental Vehicle Accidents

1. When the investigation of an accident, involving a Departmental vehicle reveals
misconduct of a Department employee, the act shall be investigated in accordance
with the provisions of this General Order and General Order 4500, Use of
Department Vehicles.

C. Emergency Relief from Duty, Suspension or Discharge

1. Any supervisor has the authority to impose emergency relief from duty, for an
employee until the next business day, when it appears that such action is in the best
interest of the Department and/or the employee. Whenever an employee is relieved
from duty, the Chief of Police shall be immediately notified through the chain of
command.


2. Only the Chief of Police or his designee has the authority to place an employee on
administrative leave with pay. Whenever this occurs, the employee shall be
assigned to administrative duties, pending the outcome of the investigation or the
ending of administrative leave.

3. When an employee is temporarily relieved from duty, his supervisor shall collect the
employees badge(s), Department issued weapon(s), police identification card and
keys to assigned vehicles as well as keys to the building. When an employee is
discharged, the supervisor shall immediately ensure that all city-issued property and
equipment, used by or assigned to the employee, is collected and turned in. In either
case, the supervisor shall forward through the chain of command, a written report
detailing the items that he has collected. If an employee is placed on administrative
suspension, the supervisor shall seize and hold the above stated items from the
employee.

XVIII. APPEALS, PROCEDURES FOR REPRIMANDS, SUSPENSIONS, DEMOTIONS, AND
DISCHARGES

A. When discipline is administered, grievances may be filed by the employee to the Chief of
Police within five (5) working days. The appeal must be in writing and must state the
specific reason(s) for the appeal and/or grievance.

B. When discipline is administered by the Chief of Police appeals and grievances may be filed
by any employee in accordance with the City of Eastland Personnel Policies and Procedures
Manual. The appeal must be in writing and must state the specific reason(s) for the appeal
and/or grievance

XIX. BEHAVIORAL CAUSE INVESTIGATION

A. A Behavioral Cause Investigation is an administrative investigation which is conducted when
an employee exhibits unusual or abnormal behavior. This may either be observed behavior
by the employees supervisor(s) or a perceived behavioral deficiency, which is claimed by
the employee. The employee may be referred, at the Citys expense, to a licensed
psychologist who will examine the employee and make a determination as to his fitness for
duty, in light of the observed/claimed behavior.

B. Authority and Responsibility

1. The Chief of Police may initiate a Behavioral Cause Investigation whenever he
believes it is in the best interest of the employee and/or the Department.

2. The employees supervisor may recommend, to the Chief of Police, a Behavioral
Cause Investigation based upon the nature of the complaint and/or the accused
employees disciplinary record.


3. An employee, who is the subject of a Behavioral Cause Investigation, will be
referred to a psychologist designated by the department.

C. Employees who may undergo a Behavioral Cause Investigation:

1. Any Department employee who exhibits unusual or abnormal behavior, which can
reasonably be expected to prevent that employee from accomplishing his assigned
duties.

2. Any Department employee who exhibits unusual or abnormal behavior which, if not
restricted, can reasonably be expected to place that employee or another person in
danger.

3. Any employee who perceives a personal behavioral deficiency and requests such an
investigation and such request is approved by the Chief of Police.

D. Self-Injection into a Behavioral Cause Investigation

1. If an employee feels that he has an emotional, stress related or other problems that
have resulted in a complaint, he may request a Behavioral Cause Investigation by
contacting the Chief of Police.

2. The purpose of self-injection into a Behavioral Cause Investigation is to identify the
cause of the unusual or abnormal behavior, on the part of the employee and to
provide him with professional assistance in changing his behavior.

3. The final diagnostic evaluation will be submitted to the Chief of Police for
consideration in determining what action is to be taken, as a result of the original
complaint.

E. Interview with Psychologist

1. All employees entering a Behavioral Cause Investigation shall be interviewed by a
Psychologist licensed to practice in the State of Texas, who may be provided with
the biographical and Departmental history of the employee, as well as any profile
resulting from the applicant-level psychometric testing, if available.

2. Any information obtained by the Psychologist, which does not relate to the specific
incident or problem under investigation, will be considered privileged
communication and shall not be entered into any Departmental file or history on the
employee.


F. Handling of Mentally Disturbed Employees

1. When a supervisor becomes aware that an employee has reported for duty exhibiting
or while on duty exhibits questionable behavior, the employee shall be removed
from any assignment which necessitates contact with the public. If necessary, the

employee may be temporarily relieved of duty by his supervisor. Whenever an
employee is relieved from duty the Chief of Police shall be notified immediately.

2. When a supervisor becomes aware of a suspected behavioral problem and/or any of
the administrative actions have taken place as described in paragraph F.1., he shall
submit a confidential memorandum to the Chief of Police, for his consideration.

XX. RECORDS AND SECURITY OF COMPLAINTS AND INVESTIGATIONS

A. It shall be the policy of this Department that all records, related to internal investigations,
will be kept secure in accordance with the Texas Public Information Act.

B. The Department shall maintain a records file, either physical or electronic, of all
administrative complaints. The files system shall include the following information:

1. Control number
2. Incident or allegation
3. Name of employee, if applicable
4. Date of incident
5. Date of complaint
6. Date of report
7. Name of complainant
8. Disposition
9. Disciplinary action taken, if any

C. The Department shall also ensure the integrity and security of all employee and confidential
files maintained.

D. After review and final disposition, all administrative investigation reports and documents
will be filed in a secure area, whether physical or electronic, that is maintained in accordance
with a designated retention schedule.


XXI. EFFECTIVE DATE


B. If any section, sentence, clause or phrase of this General Order is, for any reason, held
to be invalid, such decision shall not affect the validity of the remaining portions of this
General Order.



SUBJECT: Arrest / Investigative Detention NUMBER: 400

BEST PRACTICE STANDARDS: 7.02.1, 7.03.1, 7.04.1, 10.01.1, 10.10.1, 10.12.1, 10.14.1, 10.15.1,
10.22.1
NOTE: This General Order is for internal use only and does not enhance an officer's civil or criminal
only form the basis of a complaint by this Department and only in non-judicial, administrative setting.
____________________________________________________________________________
INDEX WORDS:

Arrest Investigative Detention
Arrest without Warrant Non-seizure Contact
Execution of Arrest Warrants Protective Sweep
Field Release Show up
Force Transfer of Prisoners
Incarceration Unarrest

I. PURPOSE

To define the authority of police officers to make arrests and the mechanism for making arrests, with or
without a warrant.

II. POLICY

Short of the application of force, an arrest is the most serious action an officer can undertake. An arrest
can cause repercussions throughout a person's life, even if he is eventually found not guilty or never
brought to trial. Officers shall exercise critical judgment accordingly in making arrests. Such judgment
includes the consideration of bystanders, the time, place, location of offense(s) and the use of force in
making the arrest(s). Officers shall further consider alternatives to arrest consistent with carrying out their
law enforcement mission.

General Order 400 Arrest / Investigative Detention 401

III. DISCUSSION

There are many potential problems associated with a law enforcement officer's power to arrest.
Occasionally, situations exist where there are grounds for a lawful arrest; however, circumstances
dictate an offender not be arrested. Sometimes, officers choose not to affect an arrest even when a
clear violation has occurred and an arrest would have been prudent. Arrests made by police officers
can create problems relating to the public's perception of the Department. The officer, the Department
and the City may be open to civil action, unless important issues are carefully considered before
affecting an arrest. Therefore, officers shall use good judgment when affecting an arrest or detention.

IV. DEFINITIONS

A. Custodial Interrogations - Questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant
way.

B. Field Release - A procedure in which an officer arrests an actor for a class C misdemeanor,
but immediately releases him after the actor has met a prescribed criteria and has signed a
citation promising to appear.

C. Interview - As opposed to an interrogation, may be construed as any conversation with a
suspect, witness, victim or citizen.

D. Probable Cause - Facts and circumstances that which is more than mere suspicion, that
would lead a reasonable and prudent person to believe that an offense has been or is being
committed.

E. Reasonable Suspicion - An officer's rational belief, based on credible and articulable
information and circumstances, that a person might be armed or involved in criminal activity.
The officer's rational belief will be based upon objective criteria.

F. Show up - Any one-to-one identification proceeding in which only the suspect is viewed by a
victim or witness.

G. Warrant of Arrest - Texas Code of Criminal Procedure, Article 15.01, Warrant of arrest.

V. NON-SEIZURE CONTACT

A. An officer may approach and converse with any individual without reasonable suspicion or
probable cause, but may not physically or verbally detain the individual or exercise any behavior
which would lead a reasonable person to believe that he was not free to leave.

B. An officer may pat down any individual that he is in contact with when he is reasonably
suspicious that the individual may be armed. A quick check of the passenger compartment of a
vehicle may be conducted for easily accessible weapons as long as the vehicle has been lawfully
stopped. The officer must be able to articulate the reasonable suspicion in a written report.


VI. INVESTIGATIVE DETENTION

A. An officer may stop and detain any individual, including one in a vehicle, that he is reasonably
suspicious has committed or is about to commit some crime.

B. During a detention based only on reasonable suspicion, an officer must be aware of the
following factors that could turn the seizure of the person from an investigative detention
into an arrest:

1. Time - The investigation to confirm or disprove the officer's
suspicion must be diligently pursued without delay.

2. Movement - Any movement of the person without consent must be for valid
reasons of safety or security.

3. Force - Any use of force must be reasonable under the circumstances.
Handcuffing and/or placement of the person into a police vehicle for
reasons of safety or security may not be reasonable and may automatically
turn the detention into an arrest.

C. A person not under arrest does not have to be read the Miranda Warning during questioning
by police officers, even if he is a suspect. The Fifth Amendment right against self-
incrimination:

1. When Miranda applies:

a. The voluminous case law covering Miranda (Miranda v. Arizona)
warnings has established several guidelines for officers to help
decide when warnings must be administered. Miranda applies only
to custodial interrogation.

b. As to what constitutes custody; if probable cause exists and if a
reasonable person in the suspect's position believes that he or she is
not free to leave, then Miranda applies.

c. The officer's view of what constitutes custody and that of the
suspect may differ. Officers must remember that the reasonable
belief of the subject is what counts.


2. Circumstances for administering Miranda:

a. In determining whether a suspect is free to leave the police officer's
presence, a court will look at the circumstances of the interrogation.
If police questioning is conducted in a police car or at a police
station, the environment may be construed a coercive one and the
interview considered custodial. Practically speaking, an arrest or
physical restraint of a suspect places him in custody and Miranda
warnings must be administered before the officer asks questions
about the offense. In short, Miranda warnings must be given
when:

1. the suspect reasonably believes that he/she is in custody; and

2. the suspect is interrogated.

D. Show-ups:

1. Show-ups shall be conducted in such a manner as to guard against any possible
misidentification by the witness. Factors to consider:

a. witness opportunity to view the criminal at the time of offense;

b. mental and emotional condition of the witness;

c. accuracy of the witness description of the criminal.

2. If a suspect is detained in the general vicinity of the offense within an hour of the
time of occurrence, the suspect will be held at that location for identification by the
witness(s). The detention shall not exceed thirty minutes and the witness shall be
brought to the location of the suspect's detention as soon as possible.

a. Detaining officer(s) shall not create a situation that is obviously
prejudicial or unnecessarily suggestive to the witness. The suspect
shall not be viewed while handcuffed and/or in a police vehicle.

b. If circumstances exist that make it impossible to bring the witness to the
suspect and probable cause does not exist to arrest the suspect, a
photograph will be taken for a photo line-up to be conducted at a later
date. A suspect will not be transported back to a crime scene for
identification by a witness(s).

c. The officer shall document all circumstances surrounding the show up.
The report shall include: lighting conditions; distance between suspect
and witness; names of persons present during the show up and remarks
made by any persons present.

VII. ARREST - GENERAL PROVISIONS

A. When to Arrest:

1. Refer to Texas Code of Criminal Procedure, Article 2.13, Duties and Powers of
Peace Officers to make arrests.

a. Officer may arrest when probable cause exists; or

b. With a warrant.

B. When Not to Arrest:

1. Any decision not to arrest must be reached only after the officer has carefully
weighed the following guidelines.

a. Would the arrest cause a greater risk of harm to the general public if the
offender remained at large? For example, in a crowded situation an officer's
decision to arrest may aggravate tension and lead to a riot or other serious
disorder.

b. Are police resources stretched to the limit? For example, on a particularly busy
night, arrests for very minor offenses may consume an officer's time,
preventing him from responding to more serious crimes. (Officers should
remember that even though an arrest may not be made at the time the
offense occurs, a report can later be written for the purpose of securing the
issuance of a warrant.)

C. Arrests Off-Duty and Out of Uniform:

1. Officers of this Department while off-duty and out of uniform shall not:

a. make arrests in their own quarrels, in those of their families, or in disputes
arising between their neighbors unless the arrest is made in self-defense, to
prevent injury to another, or when a serious offense has been committed;

b. make any arrest after the consumption of alcoholic beverages, except when
necessary to prevent death or serious bodily injury;

c. make arrests for any Class C misdemeanor, except to prevent injury or to
prevent a continuing breach of the peace;

d enforce any traffic law.


D. Off-duty and Out of J urisdiction Arrests:

1. If an off-duty officer makes an arrest, while outside his jurisdiction, he shall
immediately comply with Texas Code of Criminal Procedure, Article 14.03 (d) and,
as soon as practical, notify his immediate supervisor who will notify the Chief of
Police through the chain of command.

2. Any off-duty arrest that does not conform to this policy shall be considered as not in
the course and scope of employment with the City of Eastland.

VIII. ARREST WITHOUT WARRANT

A. Authority:

1. Refer to Texas Code of Criminal Procedure, Chapter 14; Arrest without Warrant.

2. Refer to Texas Code of Criminal Procedure, Article 18.16; Preventing the
Consequences of Theft.

3. Refer to General Order 700, Family Violence/Protective Orders.

B. Procedures:

1. Arrests made under authority of Texas Code of Criminal Procedure, Article 14.03 a.
(1):

a. The arresting officer must allege an offense and shall diligently develop
probable cause for the suspected offense or shall turn the investigation over to
Criminal Investigations.

b. If probable cause cannot be developed within eight (8) hours of the arrest, the
arresting officer or investigator, with supervisory approval, shall see that the
suspect is photographed, fingerprinted, and released at that time.

2. Arrest occurring in counties bordering Eastland County:

a. Refer to Texas Code of Criminal Procedure, Article 14.06, Must take
offender before magistrate. (Persons arrested should be brought to the
Eastland County J ail.)

3. Arrests occurring in a county not bordering Eastland County:

a. Refer to Texas Code of Criminal Procedure, Article 14.06. (Persons
arrested must be taken before a magistrate in the county of arrest, prior to
transport.)


C. Reports:

1. All arrests made without a warrant, as detailed herein, shall be accompanied by an
incident and arrest report including a statement of the probable cause for the arrest.

D. Arrests for Class C Misdemeanors and Field Release:

1. Generally:

a. An officer's decision to conduct a field release does not limit his authority,
established by law or Departmental policy, to engage in police investigatory
techniques such as search and seizure, collection of evidence, interview, and
completion of written reports.

b. When appropriate, a citation must be completed on all Class C misdemeanor
arrests.

2. Criteria for Field Release (Excluding Traffic Citations)

a. An officer may conduct a field release only when he has probable cause and
authority to make an arrest without warrant for the alleged offense and only
if all of the following factors are present:

1. The actor has a Eastland County address and sufficient personal
identification with photograph to fully identify him.

2. The officer has no valid reason to believe that the actor will fail to
appear in court as agreed.

3. The officer has no valid reason to believe that after field release the
actor will likely suffer injury, continue the violation, or commit a
more serious violation. If there is any possibility that the actor's
physical condition would lead to his or anyone's injury, he shall be
released to a responsible adult without being arrested, however, the
Texas Code of Criminal Procedure, Chapter 14. Article 14.06 (b),
prohibits a field release for the offense of Public Intoxication.
Pursuant to the Texas Code of Criminal Procedure, Chapter 14,
Article 14.031 (a). In lieu of arresting an individual who commits
an offense under Section 49.02, Texas Penal Code, a peace officer
may release an individual if:

a. the officer believes detention in a penal facility is unnecessary
for the protection of the individual or others; and

b. the individual is released to the care of an adult who agrees to
assume responsibility for the individual.


4. The actor is not the subject of an outstanding arrest warrant.

5. In the case of a shoplifter, the officer has checked CCH information
and, when possible, with the Records Unit to be sure that the actor
is not a known offender. If a field release is conducted, the actor
will be escorted out the store before being released.

6. The actor voluntary signs the citation in agreement to appear.

7. The actor is not involved in an assault or family violence situation.

3. Completing the Citation:

a. When an officer makes an arrest for a Class C misdemeanor and conducts a
field release, he shall complete a citation in accordance with the following.

1. No more than four charges per citation.

2. Each citation shall be filled in as completely as possible and shall
be signed by the officer.

3. If arrested and transported, the officer shall not have the actor sign
the citation. The arresting officer will write INSTANTER on the
signature line of the citation. A copy of the citation will be placed
into the actors property. If field released, the officer shall have the
actor sign the citation and shall then give the actor a duplicate of
the citation.

4. When an arrest generates an incident report, a service number shall
be obtained and that number shall be written in the appropriate
space on the face of the citation.

4. Procedures:

a. All citations written for Class C misdemeanors shall be forwarded to the
Municipal Court.

b. If an actor has been arrested, it shall be the responsibility of the Municipal Court
to report the disposition of the case to the Department of Public Safety. If an
actor has been field released, it shall be the responsibility of the Municipal
Court to report the disposition to the Department of Public Safety.


IX. EXECUTION OF ARREST WARRANTS

A. Determining Validity:

1. Refer to Texas Code of Criminal Procedure, Article 15.02; Requisites of Warrant.

2. Unless an emergency situation exists, an officer shall confirm the existence of any
arrest warrant.

B. Procedures:

1. In executing an arrest warrant, an officer shall inform the person being arrested that
the arrest is made pursuant to a warrant. He shall also inform the person of the
charge and of the agency issuing the warrant.

2. Warrants from Other Texas J urisdictions:

a. Refer to Texas Code of Criminal Procedure, Article 15.21; Prisoner discharged
if not timely demanded.

3. Out-of-State Warrants:

a. Refer to Texas Code of Criminal Procedure, Chapter 51; Fugitive from
J ustice.

1. An arrest report shall be completed.

b. Officers shall not execute a misdemeanor arrest warrant issued outside of the
State of Texas, unless prior arrangements have been made for extradition.
United States Government military charges, such as AWOL, are subject to
requirements of this section.

c. In such cases, a verbal confirmation is mandatory before an arrest is made.
Written confirmation will be obtained and attached to the arrest report.

C. Time Consideration:

1. An officer who lawfully stops or detains a person may initiate a records check to
determine whether any arrest warrant is outstanding against that person.

a. For a routine records check, the detention shall not exceed thirty (30) minutes
unless exigent circumstances exist.

b. If the officer has a reasonable suspicion that a warrant is outstanding, but
because of exigent circumstances, the officer does not receive the requested
information within thirty minutes, the detention shall not exceed one hour.

D. J urisdiction for Service of Process:

1. Refer to Texas Code of Criminal Procedure, Article 45.202, Service of Process,
Section 1.

2. Arrests on warrants issued by Eastland County magistrates served in Eastland,
Eastland County or within a county bordering Eastland County:

a. Refer to Texas Code of Criminal Procedure, Article 45.202, Service of
Process, Section 2 and Article 15.17 (a). (Persons arrested should be
brought to the Eastland County J ail.

b. If no magistrate is available, the person must be booked into the county
detention facility of the county of arrest, pending arraignment and bond
setting. (Arresting officer should call to ensure a magistrate is available.)

c. If the person cannot make bond after it has been set, a member of the Eastland
Police Department will make arrangements for transporting the arrested person
to the Eastland County J ail.

E. Execution of Arrest Warrants:

1. General guidance:

a. An officer with an arrest warrant may search for the defendant in his or her
own home provided that the warrant was valid; the officer searches the
defendant's home (not someone else's) and probable cause exists that the
defendant is home, at the time of the search. The search for the defendant
must be limited to places where he might reasonably be found.

2. Protective sweep:

a. Officers may undertake a protective sweep of premises, without a warrant,
following the arrest upon a warrant. Certain limitations must be observed,
however:

1. The purpose of the protective sweep is to discover persons on the
premises who might present a danger to officers.

2. Incident to arrest, officers may, without probable cause or
reasonable suspicion, look into closets or other spaces immediately
adjoining the place of arrest where threatening persons might be
located.


3. In order to extend the protective sweep beyond closets and
adjoining spaces, officers must have reasonable suspicion for

fearing that persons may be on the premises who pose a threat. In
such cases, the sweep is limited to examining places where a person
might hide.

b. Officers shall carefully document their reasonable suspicion.

c. During a protective sweep, evidence discovered in plain view may be
seized.

d. The sweep must cease when officers have dispelled a reasonable suspicion
of danger.

e. With a search warrant, a protective sweep is always justified.

3. When serving an arrest warrant at a third party residence, a search warrant must be
obtained unless one of the following exceptions exists:

a. a valid consent to search is obtained;

b. officer is in fresh pursuit; or

c. exigent circumstances exist.

4. Officers shall not select the time and place of arrest solely to create the opportunity
to embarrass, oppress or inconvenience the arrestee.

5. Refer to Texas Code of Criminal Procedure, Article 15.25; May Break Door.
Whenever an officer forcibly enters a premise to execute a felony arrest warrant, he
shall strive to inflict as little damage to the premises as possible.

F. Execution of Local Warrants by Other Departments:

1. Whenever another law enforcement agency within the specified area arrests a person
on an Eastland Police Department Class C warrant and the warrant is confirmed, it
shall be the responsibility of the Department to transfer the prisoner from that
agency to the Eastland Municipal Court, during business hours or the Eastland
County J ail, if after hours.

2. Whenever another law enforcement agency outside of the specified area, but within
the State of Texas, holds a prisoner on a warrant from this Department, the Criminal
Investigation Division shall make arrangements to have the prisoner picked up,
within five (5) days or notify the holding agency to release him. This does not affect
the responsibility of the Eastland County Sheriff's Department, in accordance with
State law, to transport all out of town or out of state prisoners, except those held on
Class C warrants and transporting prisoners from outside the Eastland Police
Department's jurisdiction.


3. Whenever an out of state agency notifies this Department that the Agency has
executed a Eastland Police Department arrest warrant, that agency will be asked to
pursue a waiver of extradition.

X. INCARCERATION WITHIN THE Eastland COUNTY DETENTION FACILITY

A. Definitions:

1. Booking - A procedure involving the taking of personal data and history of a
prisoner, as well as the inventory of property in that prisoner's possession when
brought to the detention facility.

2. Complaint - The official instrument for the filing of criminal charges by a person or
peace officer.

3. City Prisoner - Any prisoner arrested by the Eastland Police Department for offenses
of any penalty grade or a prisoner arrested for any offense under the jurisdiction of
the Eastland Municipal Court, when applicable.

B. On View Arrests:

1. When an on view arrest is made by an officer, the following procedures will be
followed prior to placing a prisoner in the Eastland County J ail.

a. A prisoner shall be searched for weapons and contraband prior to arrival at
the detention facility. Officers are cautioned to be mindful that contraband
and/or weapons may be hidden in boots. If circumstances arise that the
prisoner cannot be searched at the scene, the prisoner shall be searched prior
to entering the facility. Upon entering the detention facility, the person's
footwear shall be removed for the purpose of locating weapons and/or
contraband. If there is suspicion that a weapon may be inside of a prisoner's
boot, the boot shall be removed and searched prior to entering the facility.
Otherwise, the boot shall be removed inside the detention facility. A
prisoner shall also be restrained (handcuffed), as per other directives, prior
to arrival at the detention facility.

2. An Eastland County Book-in Sheet shall be filled out with that information
necessary to complete the form. This shall include all arrest charges, DPS arrest
codes, statue citations, vehicle information, as well as date and time of arrest,
arresting and assisting officer name / ID number and any other information
necessary.

3. A complete warrant check shall be conducted through communications prior to
arriving at the detention facility.

4. In case of a DWI, the prisoner shall be taken to the designated Intoxilyzer Room for
testing, prior to the continuation of the booking process.

5. Upon arrival at the detention facility, a complete search of the arrestee shall be
conducted by the arresting officer, for the purpose of locating any contraband.

C. Transfers to Eastland County or other agency facilities:

1. Transfers of city prisoners or prisoners under the city's control, to other agency
facilities, shall be the responsibility of Warrant Unit personnel. The following
procedures shall be followed in prisoner transfer situations.

a. Prior to the transporting officer taking custody of the prisoner and any
property associated with that prisoner for transport to another facility,
transport officer shall complete a Eastland County Book-in Sheet
acknowledging the presence of all property listed on the form. The officer
shall then have the prisoner sign the Eastland County Book-in Sheet for
verification of property.

b. Prisoners shall be restrained during the transportation to the other facility
for the safety of the officer.

c. The transporting officer will take only that number of prisoners that can
safely be managed in a single trip.

d. The transporting officer shall be responsible for the prisoner and property
until the receiving agency has accepted the prisoner and property as listed
on the sheet.

XI. FOREIGN NATIONAL ARRESTS

A. Definition:

1. A person from another country who has been granted permission to legally enter the
United States for a specific reason or period of time, with some form of written
authorization such as a passport, visa, work authorization permit, or resident alien
permit.

2. A person from another country (usually from Canada or Mexico) who, while bearing
no written authorization, has been granted permission to legally enter the United
States for a short period of time for tourist or business purposes.

B. Due to U.S. obligations under international law, it is imperative that arresting officers
understand that the Department may be required to notify a diplomatic or consular officer of
the arrestees country if the arrestee is a foreign national.


C. Officers making an arrest of a foreign national will consult with a supervisor before
the arrest is made, if at all practicable.

1. If the arrestee is from a country for which notification is mandatory, the booking
supervisor will make the notification to the diplomatic or consular officer, listing the
date, time, and person contacted in the supervisors comment area of the arrest
report. The arrestee will be informed when the notification has been made.

2. If the arrestee is a national of any other foreign country, the Vienna Convention on
Consular Relations and/or customary international law require that the arrestee be
informed without delay of the right to have his/her government notified.

3. If the arrestee requests that notification be made, it must be made without delay.
The supervisor will list the date, time, and person contacted in the supervisors
supplement to the arrest report. An Eastland County J ail employee will inform the
arrestee when the notification has been made.

4. If the foreign national arrestee does not request notification to his/her government,
that fact will be noted in the arrest report and no notification will be made.

D. Subject to local law and regulations regarding access to detained persons, foreign consular
officers have the right to visit their nationals, to converse and correspond with them, and to
arrange for their legal representation.

E. Information and guidance may be obtained from the local Special Agent of the U.S.
Department of State at (214) 767-0702.

F. Whenever the arrested person is offered the opportunity to contact the Consulars Office, the
date, time and office contact information shall be placed in the arresting officers report. If
the arrested person declines contact, that information shall be documented in the report also.

XII. SEARCHING AND TRANSPORTING OF PRISONERS

A. When Officers are transporting a prisoner, witness, victim, stranded motorist etc. of the opposite
sex or persons defined as a juvenile, Officers shall notify Communications, by radio, of their
beginning location, vehicle mileage and destination. Upon arrival at the ending destination,
Officers shall notify communications of the ending vehicle mileage.

B. Notification will be made by radio so communications personnel can record:

1. Start and ending time of transport;

2. Beginning and ending mileage of transport vehicle; and

3. Starting location and ending destination.

C. When transporting by vehicle, any subject who is under arrest or in custody:

1. Shall be handcuffed behind the back with the handcuffs double locked and not
intentionally tight. (Large individuals may require two sets of handcuffs for this to
be accomplished)

2. Shall be properly searched prior to being placed in the patrol vehicle.

3. Shall be seated upright, unless stronger measures are needed to protect the subject
and/or the police vehicle transporting the subject.

4. Shall be seat belted into place.

D. The following subjects shall not be transported by employees of the Eastland Police
Department or in vehicles belonging to the City of Eastland Police Department, except when
necessary to transport to a medical facility and medical transportation is not immediately
available:

1. Unconscious persons.

2. Subjects at high risk for Sudden In-Custody Death Syndrome as outlined below.

3. Subjects who exhibit any of the extreme risk factors for Sudden In-Custody Death
Syndrome.

4. Subjects in obvious respiratory distress.

5. Subjects who, because of age, infirmity, or injury, could be further injured by
conventional transport.

E. During transport by vehicle of any subject in custody, all employees present will observe the
subject for any indications of distress or problems.

F. If during transport by vehicle, any employee observes any actions, movement, or behavior
by the subject being transported, whether violent or which could be detrimental to the health
and safety of the transported person, said employee shall immediately notify dispatch,
request a supervisor and stop the vehicle, unless subject is violent.

G. Upon stopping the vehicle, the employee(s) shall conduct a primary survey of the subject, if
the problem can be corrected by the employee (restoring airway, waking subject up) the
employee shall do so and upon success shall continue transport. If the employeeis unable
to correct the problem, he shall institute or continue appropriate treatment (CPR, maintaining
airway) and summon medical personnel to his location. If the subject is violent, continue to
the jail unless the subject is damaging the vehicle and needs further restraint.


H. Employees shall not transport the subject to a medical facility unless overriding factors
(proximity to hospital, delay in EMS response) warrant said transport. In any case, the
employee shall immediately notify a supervisor of actions taken.

I. Officers shall be responsible for safely guarding such personal property a prisoner may have
in his possession, or under his control at the time of the arrest or detention. All money and
valuables will be inventoried in the presence of the prisoner if possible. Money will be
counted in a designated area for video recording purposes (squad car video is permissible).
The prisoners property will be turned over Eastland County J ail property intake personnel.
If the subject is released by the officer the officer will be responsible for returning all
property back to the subject.

J . An officer, when receiving a prisoner from another officer or detention facility, shall search
the prisoner carefully and shall immediately take possession of all weapons and evidence. If
for any reason a prisoner has not been searched before being turned over to other officers,
the arresting officer shall, without fail, notify the officers receiving the prisoner.

K. Special Circumstances:

1. The above procedure may only be deviated from under the following circumstances:

a. When age or physical infirmity makes handcuffing behind the back
impractical or impossible.

b. With prior approval or direction of a supervisor.

2. When necessary with a violent or potentially violent subject, the subjects
legs may be restrained using either leg irons or flex-cuffs or a combination
hereof.

3. Under no circumstances will subjects be hog-tied (legs and arms bound together)or
placed in any position that in any way obstructs their airway or any mechanical
functions of respiration. Once the subject is restrained, the employee(s) shall
immediately place the arrested person in restraints. If the arrested persons
violent behavior precludes this, the employee(s) shall summon additional personnel
(including supervisors) and aid (EMS if necessary) to accomplish this. Officers shall
not hesitate to summon medical aid for any subject complaining of serious medical
problems or exhibiting signs that a reasonable person would believe indicates the
person may need medical attention.

4. Subjects will not be left in a prone position with the arms restrained behind the back
except as necessary while preparing them for movement or transport.

5. Under no circumstances will any subject be left unattended in a prone position with
their hands restrained behind the back.

6. Subjects will not be left unsupervised in any City of Eastland vehicle.

7. Whenever subjects are extremely violent and physically combative, employees shall
anticipate the need for movement by ambulance or other vehicle and shall arrange
for such as soon as practicable.

8. Injured persons or sick persons will be seen by Eastland Fire Department or EMH
Ambulance personnel before being transported in a police vehicle to access the
extent of injury and/or sickness. If transportation by police vehicle is authorized by
medical personnel, the transport will be conducted in a manner to prevent
complicating the injuries or causing unnecessary discomfort to an
individual.

9. In no instance will any department employee ignore, diagnose, or attempt to treat a
prisoners medical complaint, with the exception of rendering first aid pending the
arrival of an ambulance or physician.

10. Disabled prisoners will be transported in a manner as decided by a supervisor to
prevent injury or unnecessary discomfort to the disabled individual keeping safety
in mind at all times.

L. J uveniles will not be transported with adult prisoners.

M. Courtesy Transports:

1. For officer safety purposes, an officer has the right and discretion to pat down any
person(s) before allowing the person(s), not under arrest or in custody, to sit or ride
in a police vehicle. If the officer chooses to pat down the rider(s), the officer shall
notify the person(s) he/she will be patted down for officer safety purposes. If the
person(s) refuses a pat down, the person(s) will not be allowed to sit or ride in the
police vehicle. (NOTE: a person refusing a pat down to ride or sit in a police
vehicle is not in and of itself justification to continue with a pat down. Other
articulable circumstances should be present for the officer to continue a pat down.)

2. Only in an urgent need or unusual circumstances, such as inclement weather or a
broken down vehicle for examples, will a person or persons be allowed a courtesy
transport by an officer. However, the department shall not be a taxi service and
officers are not required to provide courtesy transports.

3. Any person(s) riding in a police vehicle during a courtesy transport shall obey the
seat belt laws.

4. The parent or guardian of any child required to have an authorized safety seat shall
provide such a seat to use if the child is to be transported in the police vehicle.

N. Search of Transport Vehicle

1. Patrol vehicles will be searched for contraband and weapons at the beginning of
each shift and after transporting any prisoners.

XIII. STRIP SEARCHES AND BODY CAVITY SEARCHES

A. The Eastland Police Department recognizes that the use of strip searches and body cavity

searches may, under certain conditions, be necessary to protect the safety of officers,
civilians, and other prisoners; and to detect and secure evidence of criminal activity.
Recognizing the intrusiveness of these searches on individual privacy, it is the policy of this
department that such searches shall be conducted only with proper authorization and
justification, with due recognition and deference for the human dignity of those being
searched and in accordance with procedural guidelines for conducting such searches
as set forth in this policy.

1. All strip searches and body cavity searches require supervisory approval.

2. Officers must articulate in their reports their reasonable suspicion to believe that the
individual under arrest is concealing contraband or weapons and thus their reason
for conducting a strip search or requesting a body cavity search. Reasonable
suspicion may be based upon, but is not limited to the following:

a. The nature of the offense charged;

b. The arrestees appearance and demeanor;

c. The circumstances surrounding the arrest;

d. The arrestees criminal record, particularly past crimes of violence and
narcotic offenses;

e. The discovery of evidence of a major offense in plain view or in the course
of a search incident to arrest;

f. Detection of suspicious objects beneath the suspects clothing during a field
search incident to arrest.

3. A person who has been detained or arrested for commission of an offense other than
a crime shall not be subjected to a strip search unless:

a. The search is authorized by a warrant or consent (need written consent form);

b. The search is based on probable cause that a weapon, controlled dangerous
substance, or evidence of a crime will be found and a recognized exception
to the warrant requirement exists;

4. A person who has been detained or arrested for commission of an offense other than
a crime shall not be subjected to a body cavity search unless the search is authorized
by a warrant or written consent of the person arrested.


B. Strip Search Procedures:

1. A strip search shall be performed by persons of the same sex as the arrested person

and at a location where the search cannot be observed by persons not physically
conducting the search.

2. The person authorized to conduct the strip search shall obtain permission from a
supervisor prior to conducting the search.

3. Documentation of this request, that clearly defines the suspicion, must be prepared
and included with submitted reports.

4. Permission to conduct the search is not required in the event of an emergency
condition requiring immediate action to prevent bodily harm to an officer or others.

C. Body Cavity Search Procedures- If visual examination of a suspect during a strip search
and/or other information leads an officer to believe that probable cause exists that the suspect
is concealing a weapon, evidence or contraband is hidden within a body cavity, the following
procedures shall be followed:

1. The suspect shall be kept under constant visual surveillance by a person of the same
sex until a body cavity search is conducted or an alternative course of action is
taken.

2. The officer shall consult with his immediate supervisor to determine whether
probable cause exists to seek a search warrant for a body cavity search. The decision
to seek a search warrant shall recognize that a body cavity search is highly invasive
of personal privacy and is reasonable only when the suspected offense is of a serious
nature and/or poses a threat to safety of officers or others.

3. If probable cause exists for a body cavity search, an affidavit for a search warrant
shall be prepared that clearly defines the nature of the alleged offense and the basis
for the officers probable cause.

4. On the basis of a search warrant, a body cavity search shall be performed only by a
licensed physician or registered professional nurse under sanitary conditions.

5. In the event authorized medical personnel conduct a body cavity search, a request
will be made for a notarized certificate stating that the body cavity search was
conducted and performed in a medically acceptable manner.

D. The person who performs the strip search or authorizes the body cavity search shall complete
a supplement to be made part of the arrested persons reports which shall include, but not be
limited to, the following information:

1. Date and place of the search;


2. A statement of facts indicating the reasonable suspicion or probable cause for
the search;

3. A copy of the search warrant, if applicable;

4. A copy of the consent form, if applicable;

5. The name of the supervisor who authorized the search;

6. The name(s) of the officer(s) present during the search and the reason for his
or her presence;

7. The name(s) of the person(s) conducting the search;

8. A detailed description of the nature and extent of the search;

9. An inventory of any item(s) found during the search;

10. The reason for force, if necessary, and;

11. An explanation of the exigent circumstances which required immediate action for
the search to be conducted if a search warrant was not obtained.

E. Reports prepared to document the necessity for a strip search or body cavity search are not
public record, but upon request shall be made available to the person searched, the county
prosecutor, the Attorney General or the Commissioner of the Texas Department of Criminal
J ustice.

XIV. EFFECTIVE DATE


invalid, such decision shall not affect the validity of the remaining portions of this General
Order.



SUBJECT: Emergency Vehicle Operations
Motor Vehicle Pursuit
NUMBER: 500
BEST PRACTICE STANDARDS: 7.13.1, 7.14.1, 7.15.1, 7.18.1, 7.19.1
NOTE: This General Order is for internal use only, and does not enhance an officers civil or
criminal liability in any way. It should not be construed as the creation of a higher standard safety
or care in an evidentiary sense, with respect to third party claims. Violations of this General Order,
if proven, can only form the basis of a complaint by this Department and only in a non-judicial,
administrative setting.
INDEX WORDS:

Emergency Response Motor Vehicle Pursuit
Emergency Vehicle Operation Pursuit Termination
Escorts Response Codes

I. PURPOSE

The purpose of this General Order is to describe the procedures that shall be undertaken by
personnel during emergency response and pursuit situations.

II. POLICY

A. Responding quickly to certain types of calls for service is a necessary, although dangerous
part of police work. Texas Statutes recognize this fact and provide for law enforcement
violation of normal traffic laws under certain conditions. However, the statute which
allows emergency vehicle operation does not relieve the operator of an authorized
emergency vehicle from the duty to operate the vehicle with appropriate regard for the
safety of all persons; nor shall such provisions protect the driver from the consequences of
reckless disregard for the safety of others. (Texas Transportation Code, Section 546.005)

General Order 500 Emergency Vehicle Operations 501

B. The purpose of a motor vehicle pursuit is the apprehension of a suspect who refuses to
voluntarily comply with the law requiring him to stop. The primary goal of the Eastland
Police Department is the protection of life and property. To the extent that a motor
vehicle pursuit exposes any officer, suspect or member of the general public to an
unnecessary risk of injury or harm, the pursuit is inconsistent with that goal. It is the
policy of this Department that a motor vehicle pursuit is justified only when the necessity
of immediate apprehension outweighs the level of danger created by the pursuit. This
policy will serve as a standard for an administrative review of the judgment exercised by
the officer(s) involved in a pursuit and a review of the propriety of the action taken.

C. Whenever an officer is engaged in routine patrol or responding to routine calls, the officer
shall obey normal traffic laws.

D. Officers shall not escort any civilian or emergency vehicles containing injured or ill
persons. An officer who contacts sick or injured persons in a private vehicle should offer
to summon emergency medical assistance and should render first aid, if possible, pending
its arrival.

III. DEFINITIONS

E. Authorized Emergency Vehicle - Refer to Transportation Code Section 541.201;

F. Authority to Operate as an Emergency Vehicle - Refer to Transportation Code, Section
546.001 and 546.002.

G. Equipment Use During Emergency Operation - Refer to Transportation Code, Section
546.003, 546.004, 547.501 and 547.702.

H. Code 1 - A response to situations, regardless of any apparent urgency, where the
protection or preservation of life is not a consideration.

I. Code 2 - A response indicative of the use of emergency lights only, with no siren, shall not
be used by members of the Eastland Police Department.

J . Code 3 - An emergency response by an emergency vehicle where the protection or
preservation of life is the primary consideration.

1. Requires the use of both emergency lights and siren by any unit.


K. Motor Vehicle Pursuit - An active attempt by a law enforcement officer who is operating
an authorized emergency vehicle and utilizing all emergency equipment to apprehend one
or more occupants in a moving vehicle. Normally, the driver of the fleeing vehicle knows
or should reasonably know of that attempt and is evading apprehension by maintaining or
increasing his speed, ignoring the officer or attempting to elude the officer while driving at
speeds in excess of the legal speed limit.

1. Primary Unit - The Police unit which initiates the pursuit or any unit which
assumes control of the pursuit.

2. Secondary Unit - Any Police vehicle which becomes involved, as a backup, to the
primary unit and follows the primary unit at a safe distance.

H. Unnecessary - is defined in Blacks Law Dictionary as not required by the circumstances
of the case.

I. Termination of Pursuit A pursuit shall terminate when the primary officer deactivates the
emergency equipment, resumes normal vehicle operation and notifies the Communications
Center that the pursuit has terminated. The pursuit also ends when the suspect vehicle has
come to a stop.

J . Emergency Response - The following situations shall be considered emergencies
warranting an emergency response:

1. Offense in-progress calls where immediate danger of death or serious bodily
injury (i.e. armed robbery, sexual assault, officer calling for emergency assistance,
etc.) is present;

a. An officers request for a back-up unit, as opposed to an actual call for
help, does not justify an emergency response.

2. Other calls where immediate danger of death or serious bodily injury (i.e., major
accidents, drowning, person trapped in a burning building, etc.) is present;

3. Any call where, in a supervisor's opinion, an emergency response is required;

4. Pursuit of a vehicle where the temporary use of the emergency lights and siren are
necessary to alert other traffic and/or to command the attention of the operator of
the vehicle so that the operator is directed to stop;

5. Pursuit of a vehicle wherein the driver of the vehicle refuses to stop and the
continuing use of emergency lights and siren are necessary in the interest of
warning others of the hazardous condition.


IV. INITIATING AND CANCELING EMERGENCY RESPONSE

A. An emergency response to a call may be initiated or canceled by a supervisor or an officer.
Communications Center personnel only suggest an emergency response, if appropriate,
when dispatching units to calls for service.

B. When an emergency response (Code 3) is initiated or canceled by an officer or supervisor,
the Communications Center shall be immediately advised.

C. The officer or supervisor shall advise the Communications Center of the proper status
change and the location where initiated or canceled.

D. When notified of either circumstance defined above, the Communications Operator shall
document the status change in the C.A.D. computer.

V. OPERATION DURING EMERGENCY RESPONSE

L. Vehicles that are transporting non-police personnel, inclusive of participants in the Police
ride-along program and in accordance with the vehicle use policy, shall not engage in any
motor vehicle pursuit.

M. Both the emergency warning lights and the siren shall be used at all times while operating
in an emergency mode.

N. Four-way flashers shall not be used while the vehicle is in motion because of interference
with turn signals.

O. No police vehicle will be operated in an emergency response mode unless it is operated by
a sworn member of the Department.

E. Police vehicles being operated in an emergency response mode shall be driven at speeds
deemed prudent and reasonable for the existing traffic, road and weather conditions.

F. An unreasonable hazard exists when speeds or conditions exceed the performance
capabilities of the vehicle or the driver.

VI. MOTOR VEHICLE PURSUIT

Engaging in a pursuit requires a conscious weighing of the risk of harm from the suspects escape
against the risk of harm posed by the pursuit itself. This balance must continue as the pursuit
progresses by constantly evaluating the circumstances and additional information that becomes
apparent. Authority to initiate a pursuit may not justify its continuation. (See Risk Balancing
Factors in Determination to Initiate or Continue Pursuit in Section VI. (E)(2).

A. Initiation - A pursuit may be initiated when the Officer reasonably determines from the
circumstances that it will not expose any person to a risk of collision, injury or death
greater than a reasonable need to apprehend the offender or recover property and;


1. A felony offense, as defined by the Texas Penal Code, has been committed in the
officers presence or the officer has reasonable suspicion to believe it has been
committed.

a. The offender is escaping the officers presence and the officer reasonably
believes it is immediately necessary to apprehend the offender or recover
property; or

2. The offense of Driving While Intoxicated has been committed in the officers
presence or the officer has reasonable suspicion to believe it has been committed
and the officer reasonably believes it is immediately necessary to apprehend the
offender to protect others from an immediate threat of death or serious bodily
injury; or

3. The pursuit has been initiated by another agency only for the reasons specified in
A.1 or 2 above and the agency has requested assistance from the Eastland Police
Department, in accordance with the Inter-jurisdictional Pursuit Agreement. (Refer
to the Inter-jurisdictional Pursuit Agreement in Section VI. L.)

a. Communications personnel shall be responsible to obtain all pertinent
information on the pursuit, i.e. circumstances, offense committed, etc.

B. Continuation - A pursuit may be continued if the officer reasonably determines from the
circumstances that it will not expose any person to a risk of collision, injury or death
which outweighs the reasonable need to apprehend the offender or recover property.

C. Termination - A pursuit will be terminated when, even though there was sufficient
justification to initiate and continue the pursuit, the risk of injury or death to any person
from the pursuit outweighs the reasonable need to apprehend the offender or recover
property.

D. Vehicles Authorized to Engage in Motor Vehicle Pursuit:

1. Only vehicles equipped with both operable emergency lights and siren will
participate in a pursuit.

2. Vehicles that are transporting non-police personnel shall not be used to engage in
pursuit.

3. Vans, pickups, or similar vehicles that are not pursuit rated shall not be used to
engage in pursuit.


4. Officers in K-9 units or unmarked vehicles that are equipped with emergency
lights and siren, which have probable cause to believe a felony has taken place
and police action is warranted may, utilizing both emergency lights and siren,
pursue a fleeing vehicle until a marked patrol unit enters the pursuit.

a. An unmarked vehicle or K-9 unit shall not serve as the second unit in a
pursuit, when other patrol units are readily available.

5. Police vehicles which are not fully operational, due to collision, malfunction or
otherwise, shall be immediately withdrawn from any motor vehicle pursuit.

E. Determination to Initiate or Continue Pursuit:

6. When there is a clear and unreasonable hazard to the officer(s), the fleeing
motorist and/or another person, a pursuit shall not be initiated nor continued. An
unreasonable hazard exists when speeds dangerously exceed the flow of traffic or
when vehicular or pedestrian traffic necessitates erratic maneuvering which
exceeds the performance capabilities of the vehicle or the driver.

7. The factors an officer must consider before initiating or continuing a pursuit
include:

a. Nature of the offense;

b. Road conditions;

c. Weather conditions;

d. Police vehicle type and condition;

e. Pedestrian traffic;

f. Time of day;

g. Geographic location;

h. Officers' familiarity with the area;

i. Officers' ability (experience and training);

j. Visibility and illumination;

k. Possibility of identification and apprehension at a later time; and

l. Likelihood of successful apprehension;


F. Notification to Communications Center:

8. The unit initiating the pursuit will notify the Communications Operator that a
pursuit situation exists and ask the radio operator to clear the channel for
emergency traffic. All units not directly involved in the apprehension will refrain
from transmitting non-emergency radio traffic.

9. The initial information shall include, but not be limited to, the following:

m. Unit number;
n. Location;
o. Direction of travel;
p. Reason for the pursuit (felony charges);
q. Description of the fleeing vehicle (color, make, model, body style, license
plate number);
r. Number and description of occupants; and
g. Estimated speed.

G. The Communications Operator should do the following:

10. Immediately clear the radio channel of all unnecessary traffic;

11. Notify the on-duty Patrol Supervisor immediately;

12. Advise pursuing units of any known hazards in the path of the pursuit (accidents,
street repairs, etc.); and

13. Advise all units of the pursuit and designate another radio channel for non-
emergency radio traffic.

H. Patrol Supervisor Responsibilities:

14. The on-duty Patrol Supervisor shall assert control over the pursuit and may, in the
exercise of his discretion, order specific units into or out of the pursuit, order the
termination of the pursuit, etc. The patrol supervisor shall go to the scene of a
terminated pursuit.

15. The on-duty Patrol Supervisor may, at any time, order the termination of a pursuit
when, in his judgment, the necessity of immediate apprehension is outweighed by
the level of danger created by the pursuit.


16. The Patrol Supervisor shall complete the Pursuit Summary Report (EPD-114) and
forward it to the Chief of Police or his designee, through the chain of command.

a. If the on duty Patrol Supervisor initiated the pursuit, a second Patrol
Supervisor shall complete the Pursuit Summary Report.

1. The Patrol Supervisor shall ensure that the Pursuit Summary
Report is completed and submitted to the Patrol Division
Commander through the chain of command, prior to the end of
that tour of duty.

4. Upon final approval by the Chief of Police or his designee, the report shall have a
pursuit control number assigned to it. Completed forms will then be filed with
Internal Affairs files in the Office of the Chief. The forms will be retained as
prescribed by the Records Retention and Destruction Policy.

I. Guidelines:

17. No more than three (3) police vehicles, two (2) pursuit vehicles and one (1)
supervisor unit, will become actively involved in a pursuit, unless a patrol
supervisor has authorized additional units to join the pursuit.

a. The Supervisor shall justify his decision in a memorandum addressed to
the Chief of Police and attach the memorandum to the Pursuit Summary
Report.

18. Officers shall not pursue vehicles the wrong way on an Interstate Highway or on
other controlled access highways or divided roadways.

19. Upon approaching a controlled intersection or other location where there is a great
possibility of collision, the officer who is responding under emergency conditions
shall reduce the speed of his vehicle and control it in such manner as to avoid
collision with another vehicle or pedestrian, stopping completely, if necessary,
before entering or traversing the intersection. When faced with a red traffic signal
the officer shall slow his vehicle to a stop if necessary and assure, by careful
observation, that the way is clear before proceeding through the intersection.

4. Generally, officers shall not attempt to overtake or pass a fleeing suspect. The
pursuing officer(s) should keep a safe distance from the suspect and merely
attempt to keep the vehicle in sight until the suspect voluntarily stops. All
pursuing police vehicles should keep a safe distance apart, particularly at
intersections, in order to avoid collisions.


5. Decisions to discharge firearms at or from a moving vehicle shall be governed by
this agency's use of force policy and are prohibited, if they present an
unreasonable risk to other non-involved parties. They should first be authorized,
whenever possible, by a supervisor and both of the following requirements are
met:

a. There is no risk that any person or property, other than the intended target,
would be hit;

b. The risk of the offender losing control of the vehicle is less than the risk
posed by the offender not being immediately captured.

J . Use of Stop Sticks:

1. Stop sticks, if available and when properly deployed have the potential to save
lives and avoid property damage, as well as reducing the potential for liability.

2. Stop sticks are authorized for use on all motor vehicles except motorcycles and
all-terrain vehicles (ATVs).

3. Stop sticks will be deployed on solid surface roadways.

4. Vehicle Placement:

a. The patrol vehicle will be positioned in a manner that is based on training
and the given set of circumstances. In any event, the vehicle will not be
occupied while utilizing the stop sticks.

b. When more than one police vehicle is involved in the execution of the
stop sticks, the secondary vehicle will be positioned on the opposite side
of the roadway as dictated by the given set of circumstances and training.

5. Officer positioning The officer should be ten (10) to twenty (20) feet in front of
the patrol vehicle when deploying the stop sticks. If the patrol vehicle is facing
towards the pursuit the officer should then position himself ten (10) to twenty (20)
feet to the rear of the patrol vehicle.

6. Deployment of the stop sticks:

a. If possible, the officer deploying the stop sticks shall notify the pursuing
units and advise them that the stop sticks are being deployed.

b. Remove the stop sticks from the trunk of the vehicle along with the
attached cord real. The trunk lid should be closed if time permits. The
trunk lid should be closed as to not block the visibility of the emergency
lights.


c. Deploy the stop sticks as trained and recommended by the manufacturer.
The reel or string should not be attached or wrapped around any portion
of the body or clothing of the deploying officer.

d. If time allows, the officer should pull the stop sticks out of the way of the
roadway immediately after the suspect has run over them to avoid damage
to pursuing police units.

e. If the stop sticks are actually used, the Stop Sticks Pursuit Forms should
be completed. A copy of the report should be attached to the pursuit
summary. The original will be used to submit for replacement stop sticks
spikes from the manufacturer.

K. Roadblocks, Blocking, and Ramming:

20. Roadblocks are not authorized.

2. Blocking or rolling roadblock tactics are not authorized.

3. Ramming is not authorized.

4. The use of a police vehicle as an instrument to force a fleeing suspect to stop is
prohibited under any circumstance, if it presents an unreasonable risk to others.

L. Inter-jurisdictional Pursuits:

21. Eastland Police employees must comply with Departmental policy, regardless of
the terms of assistance being provided to any other agency.

2. Communications Responsibility: Before an Eastland Police initiated pursuit
enters another jurisdiction, the Dispatcher should notify the other agency of the
following:

a. the pursuit is about to enter their jurisdiction;
b. the reason for the pursuit and nature of violation;
c. location and direction of the pursuit;
d. complete description of the pursued vehicle and occupants;
e. number of elements (units) involved in the pursuit;
f. whether or not assistance is needed;
g. when applicable, the agency will also be notified when the pursuit is
leaving their jurisdiction or the location of pursuit termination.

3. Control and Responsibility:

a. The initiating agency will control and be responsible for the pursuit. Other
agencies will not participate unless requested to assist.


b. Officers of the Eastland Police Department shall not become involved in
another agencys pursuit unless authorized to do so by policy or by the
on-duty Patrol Supervisor and only after the outside agency has requested
assistance. The reason for the pursuit must conform to the standards
outlined herein. In these instances, all Departmental pursuit policies are in
effect.

4. Number of Vehicles: No more than three (3) vehicles (two pursuit vehicles and one
supervisor) from the combined jurisdictions will be involved in any pursuit unless
a supervisor authorizes it due to extenuating circumstances that may require
additional officers.

5. Prohibited Acts: The following acts are prohibited:

a. roadblocks;

b. ramming;

c. forcing of pursued vehicles off the roadway; and

d. shooting at pursued vehicle (except to protect against the use of unlawful
deadly force).

6. Initiating Agency Responsibility: The initiating agency is responsible for:

a. arraignment of arrested persons;

b. disposition of any passenger(s);

c. disposition of arrested persons vehicle; and

d. coordination of all reports, citations and criminal charges.

7. Apprehension Outside of County: When an officer apprehends an offender outside of
Eastland County, the officer will take the person, without unnecessary delay, before an
appropriate Magistrate of the jurisdiction where the arrest occurred or, if necessary to
provide more expeditiously to the person arrested before a Magistrate in a county
bordering the county in which the arrest was made (Refer to CCP 15.17). If
circumstances prevent the pursuing officer from taking the offender before a
Magistrate, the officer is responsible for having the offender taken before a Magistrate
by another officer.

8. Supervisor Response to Point of Termination: As a matter of professional courtesy, a
supervisor from the agency where the pursuit terminated will respond to the location
of termination to be informed of the pertinent information on the pursuit.


VII. PURSUIT TERMINATION

P. Officers shall terminate a pursuit when:

22. A pursuit exposes any person to more danger than the offense and conditions
justify;

23. No patrol supervisor or higher authority can be contacted to approve the pursuit's
continuation;

24. A field supervisor or higher authority orders the pursuit terminated;

25. Officers lose visual contact with the violator for an extended period of time;

26. Pursuing units lose radio contact with the Communications Center and no
supervisor with inter-agency communications equipment has visual contact with
the pursuit; or

27. The belief that the suspect has committed or is committing a felony offense no
longer exists.

Q. When terminating a pursuit, the pursuing officer(s) shall immediately advise
communications that the pursuit has been terminated and give the location.

R. The Communications Operator should ensure that the Patrol Supervisor is aware that the
pursuit has been terminated.

VIII. ACCOUNTABILITY

Great reliance is placed upon the individual officer and the Patrol Supervisor in the application of
experience, common sense, and training. All officers involved in a motor vehicle pursuit shall be
held accountable for continuing a pursuit when circumstances indicate that it should have been
terminated. Officers shall be neither criticized nor disciplined when their decision is to terminate
rather than continue a pursuit.

A. After-Action Reporting:

1. Whenever an officer engages in a pursuit, the supervisor shall file a written report,
on the appropriate form, detailing the circumstances. This report shall be critiqued
by the appropriate supervisor or supervisors to determine if the policy has been
complied with and to detect and correct any training deficiencies.

2. The Department will complete a report annually to analyze police pursuit activity
and identify any additions, deletions or modifications warranted in Departmental
pursuit procedures.


B. Training:

1. Officers who drive police vehicles shall be given initial and periodic update
training in the agency's pursuit policy and in safe-driving tactics.

IX. EFFECTIVE DATE

amendments shall remain in full force and effect for any violation(s) which occur prior to
the effective date of this General Order.

B. If any section, sentence, clause or phrase of this General Order is, for any reason, held to
be invalid, such decision shall not affect the validity of the remaining portions of this
General Order.




SUBJECT: VEHICLE IMPOUNDS

NUMBER: 1000
EFFECTIVE DATE: 06/18/2012
REVIEW DATE: 06/2014
BEST PRACTICE STANDARDS:
NOTE: This General Order is for internal use only and does not enhance an officers civil or
criminal liability in any way. It should not be construed as the creation of a higher standard safety
if proven, can only form the basis of a complaint by this Department and only in a non-judicial,
INDEX WORDS:

Abandoned Vehicles Release of Impounded Vehicles
Holds Removal of Property
Impound Reports Safekeeping
Impounding Motor Vehicles Vehicle Impounds
Officer

I. PURPOSE

To provide uniform procedures and guidelines for the impounding of motor vehicles taken into
custody by the Department.

II. POLICY

The Eastland Police Department has an obligation to safeguard all property belonging to a person
who is arrested by this Department, and is involved in a motor vehicle accident or any other situation
which renders them incapable of protecting or otherwise disposing of the property themselves. This
General Order provides the guidelines necessary for the removal or towing of vehicles that are not
drivable due to arrest, accident, illegally stopped, standing or parked, stolen or abandoned or in this
Departments custody for any reason. Procedures for the removal, inventory and storage of property
are also addressed.

General Order 1000 Vehicle Impounds 1001

III. DUTIES AND RESPONSIBILITIES

A. Police Officers:

1. Accurately and legibly complete an Impound Sheet on every vehicle impounded.

2. Ensure when items are removed from an impounded vehicle, they are properly
maintained, tagged, and placed in Property/Evidence storage.

3. Ensure non-motor vehicle items are documented on proper forms.

4. Not leave the scene until the wrecker has hooked onto the vehicle and is ready to
leave.

IV. IMPOUNDING OF MOTOR VEHICLES

B. When an officer of the Department impounds a vehicle, other than at the Personal Request of
the driver or owner, a Vehicle Impound Sheet will be filled in completely, neatly and legibly
by that officer.

1. All information required on the form will be printed, using black ink only;

2. All vehicles being impounded will be inventoried for the protection of the owners
personal property as well as the Department;

3. The inventory shall include the inventory of closed containers that may be opened,
without damage to the container;

4. The only keys that should accompany the vehicle being towed and/or impounded are
the keys for that vehicle. All other keys should remain in the personal property of
the driver and/or owner.

5. If the vehicle is locked and there are no keys available, document on the impound
report that the vehicle was locked and an inventory was unable to be conducted.

C. Reason(s) to impound vehicles:

1. Abandoned Vehicles Refer to 683.002 in the Texas Transportation Code.

2. Accidents - If a person is involved in an accident or is incapacitated by any
means, preventing them from caring for their vehicle or naming
a preferred wrecker service, the vehicle will be impounded for
safekeeping.


3. Arrests:

a. The operator of a vehicle is arrested;

b. A person is arrested in close proximity to a vehicle and it is reasonably
evident that the person has care, custody, and control over that vehicle;

c. If an arrested person is not in close proximity to, but expresses concern for
the safety and security of his vehicle, the officer will offer to impound that
vehicle for safekeeping. The impounding officer will explain that any fees
incurred by the exercising of this option will be the responsibility of the
registered owner.

4. Traffic Hazard

a. A vehicle may be impounded as a traffic hazard. Not simply because it is
illegally parked, but when it is parked in such a manner that it poses a
serious risk of causing a motor vehicle accident.

b. Prior to impounding a vehicle as a traffic hazard, an officer may complete a
citation for the appropriate charge(s) and place the citation in a conspicuous
place inside the vehicle or, if the vehicle is locked, under the windshield
wiper blade on the driver's side of the vehicle.

c. If a citation is issued, the circumstances should be described in the
appropriate space on the citation and traffic hazard should be noted as the
reason for impoundment on the Vehicle Impound Sheet.

5. Vehicles operated without proof of financial responsibility (no insurance) or
operated by an unlicensed driver.

a. As part of a normal traffic stop the officer should ask the driver for the
required proof of financial responsibility for the vehicle.

b. If the driver is unable to produce the required documentation, the officer
should make reasonable efforts to determine if the vehicle is insured before
instituting towing procedures. Steps to verify coverage may include, but are
not limited to:

1. Contacting the drivers insurance company;
2. Contacting the drivers insurance agent;
3. Contacting a parent or guardian;
4. Contacting the lien holder.

5. Verify through the State insurance database through dispatch.


c. If its determined the driver does not have the required insurance coverage,
but the officer believes there are mitigating circumstances to not impound
the vehicle, the officer shall release the driver after issuing the driver a
citation for failure to show proof of financial responsibility.

d. The officer may impound the vehicle if:

1. Either through a drivers license check or personal contacts the
officer knows that the driver has previously received a citation for
operating the vehicle with no insurance and continues to operate the
vehicle without the required coverage;

2. The officer is able to verify through the insurance provider
that the driver no longer has valid coverage;

3. The driver admits to not having valid insurance coverage.

e. Officers impounding vehicles for failing to maintain proof of financial
responsibility will make all reasonable efforts to provide for the safety of the
driver and its occupants. Examples include but are not limited to,
transportation of the driver and occupants to a safe place or calling a
responsible party for a ride.

1. If there is no reasonable way to avoid placing the driver and
occupants in an unsafe situation, the officer shall not impound the
vehicle.

6. Motor vehicles shall not be impounded for purposes other than those defined by
statute or ordinance, e.g., a motor vehicle shall not be impounded as a form of
punishment or as a means of conducting vehicle searches when probable cause does
not exist or consent to search cannot be obtained.

D. In cases involving an accident or arrest, the vehicle may be released to the owner or other
competent person named by the arrested or incapacitated party, as long as the vehicle itself is
not deemed to be evidence and any evidence within the vehicle has been legally seized.

1. The person to whom the vehicle is released will be fully identified and appropriate
documentation will be included in the report and a Vehicle Disposition Sheet will be
completed.

E. If the vehicle has two or more different license plates on it, the information required on the
Vehicle Impound Sheet will be filled in on all license plates or dealer tags.


1. Any license plate not then legally registered to that vehicle shall be removed and
disposed of in accordance with Property/Evidence procedures described herein.

F. Non-motor vehicle items or vehicle parts found in the roadway, such as motors,
transmissions, etc., will not be impounded on a Vehicle Impound Sheet. Items found in the
roadway, which constitute a traffic hazard, should be taken into custody by either the Texas
Department of Transportation or the City of Eastland Public Works and disposed of as
abandoned property as required by law. If the vehicle items are located after normal business
hours, the officer will use whatever means necessary (i.e. wrecker service) to move the
item(s) out of the roadway to avoid blocking traffic. The officer will notify dispatch the
location where the item was moved to (i.e. to the side of the roadway). Dispatch will then
notify the Texas Department of Transportation or the City of Eastland Public Works during
normal business hours as to the location of the abandoned item(s).

G. All completed Vehicle Impound Sheets will be turned in prior to the end of the officers tour
of duty.

H. A Vehicle Impound Sheet that is turned in more than 24 hours late will be turned in directly
to the on-duty Patrol Supervisor. The reason for the delay in turning the Vehicle Impound
Sheet in will be documented to the Chief of Police through the officer's chain of command.

I. Vehicles may be brought to the Eastland Police Department when impounded to complete a
search, inventory or for crime scene processing. While the vehicle is at the Eastland Police
Department it should be handled in accordance with departmental policy regarding evidence.

V. IMPOUNDING OF PARKED MOTOR VEHICLES PURSUANT TO CHAPTER 17,
ARTICLE II, CODE OF ORDINANCES OF THE CITY OF EASTLAND.

A. Impounding of vehicles pursuant to violations of the City Ordinances will be accomplished
only by sworn personnel.

VI. REMOVAL OF PROPERTY FROM IMPOUNDED VEHICLES

A. If an item(s) is to be removed as evidence from an impounded vehicle:

1. The officer impounding the vehicle will note the item(s) as accurately as possible on
the Vehicle Impound Sheet. The officer shall write the word Evidence next to each
applicable item.

2. Item(s) that are removed as evidence will be transported to the Department as soon
as possible, appropriately tagged, placed in an evidence lock box and documented as
Property/Evidence policy dictates.


B. If an item(s) is to be removed from a vehicle for safekeeping, such as money or jewelry, the
officer removing the item(s) will note as accurately as possible the item(s) on the Vehicle
Impound Sheet. The officer shall write the word, Safekeeping, next to each applicable item.

1. Item(s) that are removed for safekeeping will be transported to the Department as
soon as possible, appropriately tagged, placed in an evidence lock box and
documented as Property/Evidence policy dictates.

2. Item(s) that can be placed with the prisoner's property in the jail will be noted on the
arrest sheet property inventory.

3. Item(s) will only be tagged for safekeeping when they are not considered evidence in
a criminal offense or cannot be placed in a prisoner's property.

4. Item(s) removed will be listed on the property section in the corresponding incident
report.

C. If an animal is in a vehicle to be impounded, the animal will not be left with the vehicle.

1. The impounding officer will request that Communications contact an Animal
Control Officer to have those personnel take custody of the animal.

2. If no Animal Control Officer is on-duty, the on-duty supervisor may contact the on-
call Animal Control Officer to respond to the scene to remove and take custody of
the animal.

3. The impounding officer will note on the Vehicle Impound Sheet and on the arrest
sheet that the animal was turned over to Animal Control.

D. Items of value such as money, firearms, jewelry, check books, electronics, etc. should be
removed from the impounded vehicle and placed in the property room for safekeeping as per
Eastland Police Department General Orders. If the impounding officer has a question as to
what is considered valuable he should contact a supervisor.

E. Perishable item(s) found in the vehicle should be cared for and the officer should make every
effort to find a responsible person to pick up the perishable item(s).

F. Items removed for safekeeping or animals removed from an impounded vehicle will be noted
on the impound sheet and the arrestee's arrest paperwork. The arresting officer will notify the
arrestee the proper procedure to retrieve their items or animal.


VII. HOLDS PLACED ON IMPOUNDED VEHICLES

A. A hold may be placed on an impounded vehicle for a legal reason such as hit and run,
homicide, robbery or narcotics investigations, etc. If a hold is placed on an impounded
vehicle the reason for the hold will be stated in the narrative of the officers incident/arrest
report.

1. An officer desiring to place a Hold on an impounded vehicle must first obtain the
approval of his immediate or the on-duty Patrol Supervisor.

B. Holds placed on impounded vehicles will be for a reasonable time and under no
circumstances will a hold be used as a punitive measure.

C. Officers will make a copy of the Vehicle Impound Sheet for all vehicles with a hold, and
forward a copy to the Patrol Sergeant.

D. After the initial impoundment of a vehicle with a hold indicated on the Vehicle Impound
Sheet, the retention or release of that hold will then become the responsibility of the Patrol
Sergeant.

E. After a vehicle has been on hold status for 72 hours, the Patrol Sergeant will:

1. Personally contact the Officer/Investigator assigned to the investigation involving
the impounded vehicle and make a determination as to whether or not to continue
the Hold status;

2. Note the Officer/Investigators name along with the date and time he was notified on
the copy of the Vehicle Impound Report and have the Officer/Investigator initial
next to the date and time.

3. Holds on impounded vehicles may be released by any one of the following people:

a. The Officer/Investigator directly responsible for either the placement of the
hold status on the impounded vehicle or assigned to the follow-up
investigation;

b. The Supervisor of the Officer/ Investigator who originally placed the hold
on the vehicle;

c. The Supervisor of the Officer/Investigator assigned to the follow-up
investigation; or

d. The Chief of Police.


VIII. RELEASE OF IMPOUNDED VEHICLES

A. Once the continued retention of an impounded vehicle is no longer necessary, it shall be
released to the registered owner as soon as possible.

B. Unless an impounded vehicle has a hold on it, the wrecker service will release the vehicle per
the company procedures and/or City contract provisions.

C. If a person requests the release of a vehicle with a hold on it, the officer(s) authorized to
release holds will be notified and a determination made as to whether to release the vehicle. If
it is not released, the person requesting the release will be told the reason(s) why. Their name,
address, and telephone number will then be noted on the copy of the Vehicle Impound Sheet
so they may be contacted when the hold is released.

D. Anytime a hold on an impounded vehicle is released, normal procedures for releasing a
vehicle will apply as outlined by state law.

IX. INCORRECT AND INCOMPLETE IMPOUND REPORTS

The on duty Supervisor will review all submitted impound reports and check for the incompleteness
or illegibility of the information contained therein, in an effort to avoid problems in this area.

X. EFFECTIVE DATE

amendments shall remain in full force and effect for any violation(s) which occur prior to the effective
date of this General Order.

invalid, such decision shall not affect the validity of the remaining portions of this General Order.



EASTLAND POLICE DEPARTMENT

GENERAL ORDERS

SUBJECT:
OFFICIAL DOCUMENT
HANDLING PROCEDURES
NUMBER: 1100


REVIEW DATE: 01/27/2015

AMENDS/SUPERSEDES:

CALEA STANDARDS: 82.1.1

criminal liability in any way. It should not be construed as the creation of a higher standard of
safety or care in an evidentiary sense, with respect to third party claims. Violations of this General
Order, if proven, can only form the basis of a complaint by this Department and only in a non-
judicial, administrative setting.
INDEX WORDS:
Attorney General Opinion Expunction
Certified/Registered Mail Notification
City Secretary Public Information Office
Cost Records Unit
Custodian of Records Time Sensitive

I. PURPOSE

This General Order establishes procedures and guidelines for filling requests for
information of government records kept under the control of the Eastland Police
Department. Requests for release of such records shall be in compliance with all
requirements as set forth in The Public Information Act, Chapter 552, of the Texas
Government Code. This General Order also establishes procedures and guidelines for the
receipt and processing of all official correspondence and expunction orders.

II. POLICY

Government entities are tasked with keeping records to insure effective and responsible
stewardship of the public trust. Unless otherwise expressly prohibited by law, such
information shall be provided in a timely manner as prescribed by law. Any cost
associated with request for public information will be in accordance with Texas
Administrative Code, Title 1, Chapter 70, Cost of Copies of Public Information.

General Order 1100-Official Document Handling Procedures 1101

III. DEFINITIONS

The terms used in this General Order shall be defined as follows, unless otherwise
indicated:

A. City: when capitalized, the City of Eastland.

B. Custodian of Records: The appointed or elected public officer who by the state
constitution, state law, ordinance, or administrative policy is in charge of an office
that creates or receives local government records. For the City, the Custodian of
Records is the City Secretary.

C. Department: When capitalized, the Eastland Police Department.

D. Departmental Custodian of Records: For the Department, the Administrative
Assistant / Records Manager.

E. Essential record: Any local government record necessary to the resumption or
continuation of government operations in an emergency or disaster, to the
recreation of the legal and financial status of the government or to the protection
and fulfillment of obligations to the people of the City or records that are deemed
necessary by the Chief of Police.

F. Expunction - identity theft: An expunction order arising from an arrest where the
arrested person gave the petitioners name.

G. Expunction standard: An expunction order arising from an arrest where there is
no conviction when charges were never filed, the case was dismissed, or there
was an acquittal.

H. Local Government Record: Any document, paper, letter, book, map, photograph,
sound or video recording, microfilm, magnetic tape, electronic medium, or other
information recording medium, regardless of physical form or characteristic and
regardless of whether public access to it is open or restricted under the laws of the
state of Texas, created or received by a local government or any of its officers of
employees pursuant to law, including an ordinance, or in the transaction of pubic
business, but does not include:

1. Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the local government;


2. Notes, journals, diaries, and similar documents created by an officer or
employee of the local government for the officer's or employees personal
convenience;

3. Blank forms;

4. Stocks of publications;

5. Library and museum materials acquired solely for the purposes of
reference or display;

6. Copies of documents in any media furnished to members of the public to
which they are entitled under Chapter 552, Government Code, or other
state law; or

7. Any records, correspondence, notes, memoranda, or documents other than
a final written agreement described by Section 2009.054(c), Government
Code, associated with a matter conducted under an alternative dispute
resolution procedure in which personnel of a state department or
institution, local government, special district, or other political subdivision
of the state participated as a party, facilitated as an impartial third party, or
facilitated as the administrator of a dispute resolution system or
organization.

I. Public Information: Information that is collected, assembled, or maintained under
a law or ordinance or in connection with the transaction of official business: (1)
by the City; or (2) for the City and the City owns the information or has a right of
access to it.

J . Requestor: A person who submits a request to the City for inspection or copies of
public information, or the person listed on an expunction order.

K. Subpoena Duces Tecum: Is not considered to be a request for information under
the Public Information Act, if issued in compliance with a statute or rule of civil
or criminal procedure.

IV. PROCEDURES FOR MAIL PROCESSING

A. All mail is received either at the front desk, normally by the Administrative
Assistant. Mail may also be acquired through City Hall on a daily basis, Monday

through Friday and should be immediately transported to the police department
and given directly to the Administrative Assistant or placed in her in-basket. The


mail will remain unopened until retrieved by her, the Chief of Police or his
designee.

B. All mail received through the above described means shall be reviewed by the
Administrative Assistant, the Chief of Police or his designee and will be stamped
with the RECEIVED stamp, clearly initialed and dated by the person who opened
the mail, prior to dissemination.

C. Certified/registered mail is typically received at City Hall. Regardless to whom
the correspondence is actually addressed, that mail must be brought to the
immediate attention of by the Administrative Assistant, the Chief of Police or his
designee. Upon opening, the correspondence will be stamped RECEIEVED and
shall bear the receivers initials as well as the date. The Administrative Assistant,
the Chief of Police or his designee shall log the certified/registered mail before
dissemination. The envelope shall be attached to and stay with the
correspondence.

D. The Administrative Assistant, the Chief of Police or his designee shall keep a log
of the incoming correspondence that requires further action to be taken, i.e., open
records requests, expunctions, notices of claim, certified /registered mail, etc, and
disseminate accordingly.

V. PROCEDURES FOR OPEN RECORDS REQUESTS

A. The public has a right to prompt access to information that is not confidential or
otherwise protected. The public must make their open records request in writing.
The request can be made in person, mailed, faxed, submitted electronically, or any
other form of written documentation. Depending on the nature of the request, the
original request for public information will be forwarded to the Administrative
Assistant, the Chief of Police or his designee. The request shall be assigned a
tracking number before being disseminated to any other person. The tracking
number is generated from a logging sheet. Immediately upon receiving an open
records request, the request shall be stamped RECEIVED, dated, timed and shall
clearly bear the receivers initials.

1. The public will be encouraged to use the e-mail address of
policeadmin@eastlandpd.com when submitting electronic open records
requests. The Administrative Assistant is responsible for checking this e-
mail address daily to ensure the proper forwarding to the applicable
personnel for completion.


B. A written estimate of charges shall be provided to the requestor in a cost estimate
letter that will also outline any shipping charges should the requestor opt to have
the information mailed. If payment is not received in ten (10) business days from
the cost estimate letter being mailed to the requestor, the open records request will
be assumed to have been rescinded. The requested information will only be
released after payment is received. A receipt shall be given to the requestor.

C. The public shall have the right to view or inspect documents that are not
otherwise protected without charge. The requestor must complete their review of
the information within ten (10) days after the information becomes available or
the request shall be considered withdrawn, unless the requestor, in writing,
requests additional time. Should redaction of protected information be necessary,
the inspection of documents is not an option. Copies with redactions must be
provided. The cost for such copies will follow state guidelines, as outlined in
Texas Administrative Code, Title 1, Chapter 70, Cost of Copies of Public
Information.

D. Requestors shall be treated courteously; with reasonable accommodations for
Americans with Disabilities Act (ADA) requirements being afforded, if needed.
Requestors may not be questioned as to the reason for their request or as to what
purpose they plan to use the information. This does not preclude asking for
clarification of a request if the request is vague or difficult to interpret.

E. Requests should be processed in a reasonable time period, but in all cases, action
must be taken within 10 business days. Reasonable action includes, but is not
limited to: complying by providing information requested or requesting an
Attorney General Opinion concerning the request and/or review for non-
disclosure of protected information. Requests for an Attorney Generals Opinion
shall be handled through the Departments legal advisor.

1. Any document(s) forwarded to the Departments legal advisor for review,
shall be a copy of the original document. No original document(s) shall
leave the Department.

F. If the request is sent for an Attorney Generals opinion, the request shall be
pending. Once an opinion is received, the request shall be completed according to
the specifications of the Attorney General. If no information is to be released, a
copy of the ruling shall be sent to the requestor by the Departments legal advisor.

G. A duplicate copy of the released information shall be maintained in the Records
Unit.


H. The logging sheet utilized for the tracking of open records requests shall record
the date the open records request is received, the date the open records request
was sent to the Departments legal advisor, the date the open records request was
completed, the name of the requestor, and the processors name. All personnel
handling open records shall maintain information on the phase of the request to
ensure proper tracking of the request.

VI. DUTY TO RESPOND TO PUBLIC INFORMATION REQUESTS

A. If the request is for records maintained in the Records Unit (i.e. accident reports,
offense reports, arrest reports, etc.), the Records Manager shall process the
request. Should the requested information be considered protected information,
the Records Manager or designee shall forward the request through the respective
chain of command to the Departments legal advisor for an Attorney General
Opinion. If the information requested relates to a motor vehicle record, the
requestor may be required to provide additional identifying information sufficient
to determine whether the requestor is eligible to receive the information under
Chapter 730, Transportation Code.

B. Requests related to an internal affairs investigation, complaints on employees,
media requests or any other information kept under the control of the Office of the
Chief of Police shall be processed by that office. Should the information
requested be considered protected information, the request shall be forwarded,
through the respective chain of command, to the Departments legal advisor to
request an Attorney General Opinion.

C. All requests pertaining to personnel information, along with requests for copies of
Personnel Files shall be processed by the City Secretary / Human Resource
Director. Any request that involves coordination among departments and/or
information not directly related to a police incident shall be processed by the City
Secretary.

1. Requests pertaining to an employees departmental file shall be processed
by the Office of the Chief of Police.

D. If the request is directed to the Department or the Chief of Police, the
responsibility of ensuring the completion of the request will remain in the Office
of the Chief of Police regardless of what department or division processes the
request.


E. It is the duty of the employee processing the request to notify the requestor when
the information is ready for pickup or provide the information by mail. If the fee
to provide the information is less than one dollar ($1.00) then the fee shall be
waived. If an Attorney General Opinion is being requested then the requestor
shall be a forwarded a copy of the letter requesting the Attorney General Opinion
by the Departments legal advisor.

F. In accordance with the Government Code, Chapter 552, Texas Public Information
Act, if the requestor is incarcerated at the time of the request then no response is
required.

VII. PROCEDURES FOR EXPUNCTION

A. The Administrative Assistant, the Chief of Police or his designee, shall stamp the
incoming expunction order RECEIVED and place the date and their initials on. The
envelope shall stay with the order. The order shall be logged in such a manner that
does not identify the petitioners name. For example, using the petitioners cause
number or initials.

B. The Records Unit shall maintain an expunction log using the petitioners initials,
court of reference and cause number as to not identify the petitioners name. The
Records Unit shall make a good faith effort to ensure that no division, unit, or
person possesses any documents covered by the order. This verification will be
logged on an Expunction Verification Form and kept in the Records Unit.

C. Upon verification that there are no remaining documents covered by the order, the
expunction shall be considered granted as ordered by the court. A certified letter
shall be mailed to the court to notify them of compliance with the order.

D. Although there is no time limit on the expunction order, the Records Unit shall
make every effort to comply in a timely manner.

E. The release, maintenance, dissemination or use of expunged files is prohibited for
any reason and is punishable by a Class B misdemeanor.

VIII. METHODS OF EXPUNCTION

A. There are three (3) methods of complying with an expunction order:

1. Deliver: must return all records and files that are subject to the expunction
order to the court or the entity is indicated on the expunction order. This is
the preferred method.


2. Delete: must delete all portions of the record or file that identify the
petitioner. This option is used when there are multiple offenses arising out
of the arrest, but only one is expunged. This method is also used when
there are multiple arrested persons, but only one is granted expunction.

a. In the case of an identity theft/misuse of identity expunction, the
wrongly identified arrested persons information must be deleted
and the actual identity of the arrested person substituted in its
place. The file must include a notation that the misused identity
has been removed, pursuant to an expunction order and include the
case number.

3. Destroy: the actual destruction of references of the petitioners arrest.

a. In the case of an identity theft/misuse of identity expunctions, this
method is not acceptable. The wrongly identified persons
information must be deleted and the actual identity of the arrested
person substituted in its place.

B. The petitioner is entitled to a copy of the material delivered to the District Clerk if
the request is made before the end of the statutory period. The Department should
delete or destroy anything that cannot be legally turned over or should not be
released publicly such as: criminal history printouts, Texas Department of Family
and Protective Services records and child pornography. The preferred method of
expunction for the Department will be to delete and destroy.

IX. INCLUDED RECORDS OF EXPUNCTION

All records and files relating to the arrest to include:

A. All index references to the expunged files from any public records;

B. All portions that identifies the person whose records are being expunged from
receipts, invoices, vouchers, for internal bookkeeping purposes;

C. Physical evidence:

1. Expunction orders will supersede any department policy or retention
schedule;

2. If evidence applies to multiple cases, then the identifying information of
the expunged person will be deleted;

3. For chain of custody purposes, include a notation that the identifying
information was removed pursuant to expunction order.

4. The expunction order serves as an order of destruction for property
purposes.

X. EFFECTIVE DATE

A. Any previous directive, rule, order or regulation that pertains to this subject matter
and its amendments shall remain in full force and effect for any violation(s) which
occur prior to the effective date of this General Order.

held to be invalid, such decision shall not affect the validity of the remaining
portions of this General Order.

C. All training on this General Order will be in accordance with General Order 100,
Written Directive System, Chapter VIII, Training.



GENERAL ORDERS

SUBJECT: PUBLIC CONTACTS
TRAFFIC VIOLATIONS
NUMBER: 1300

EFFECTIVE DATE: 11-19-2012

REVIEW DATE: 11-2014

AMENDS/SUPERSEDES: Any Previous

BEST PRACTICE STANDARDS: 7.28.1
NOTE: This General Order is for internal use only and does not enhance an officers or
employees civil or criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to third party claims.
Violations of this General Order, if proven, can form only the basis of a complaint by this
Department, in a non-judicial, administrative setting.
_________________________________________________________________________________
INDEX WORDS:
Action Taken Officer/Violator Relations
Courtesy Public Contacts
Driver Identification Statement of Violation
Greeting and Identification

I. PURPOSE

This General Order establishes procedures for a professional, standardized method of contact
with the public, by members of the Eastland Police Department, with regard to traffic
violations

II. POLICY

A. The majority of the public contacts made by police officers are made in reference to
traffic stops. While officers must remain aware of the total traffic situation and be
able to intelligently relate this problem to the driving acts of the public, we must also
realize that a great number of violators have never been stopped and many do not
even realize why they are being stopped.

B. The enforcement of traffic laws and ordinances is a basic responsibility of this
department. The primary objective of this function is to achieve voluntary
compliance of the laws by all motorists and pedestrians. The basic role of the police
in traffic law enforcement is to:

General Order 1300 / Public Contacts - Traffic Violations 1301

1. Observe, detect and prevent violations of the traffic laws through visibility,
and

2. Take appropriate educational or enforcement action when violations are
observed.

C. Good officer-violator relations not only promote a good police image, but also make
the job of the officer easier. This General Order should be considered as a guideline
that will enable each officer of this Department to perform his duty in a concise and
courteous manner.

III. THE SEVEN STEP VIOLATOR APPROACH

All sworn personnel of the Eastland Police Department shall follow the procedures outlined
in the Seven Step Violator Approach, when making contact with the public, during the
enforcement of traffic laws and ordinances.

1. Greeting and Identification of the Police Agency

The greeting may be accomplished in the most natural way for the officer. He may introduce
himself or use only a Good Morning, How do you do ? or other natural greeting. This is
a courtesy that we owe to every citizen stopped. Regardless of whether or not the officer is in
a marked car and in uniform, he should identify himself and name his agency, Im Officer
J ohn Doe with the Eastland Police Department or simply by identifying the agency. Speak
in a clear, concise voice. Remember, there are many citizens, from many areas, with whom
you may come in contact. A number of these citizens may not even reside within the
Eastland area and therefore, do not recognize our uniform. Put yourself in their position and
you can readily see why a greeting and identification of the agency you represent is so very
important.

2. Statement of the Violation Committed

The officer owes the driver the courtesy of telling him at once the reason he has been
stopped. This step should emphasize the seriousness of the violation and serve to create a
proper effect upon the violator. If the case is one of speeding, the officer should ascertain
whether attending circumstances may morally justify such speed to a reasonable and prudent
person. After he is told of the violation for which he has been stopped, the question Is there
any reason for your excessive speed today? offers the driver an opportunity to justify his
actions, if a reason exists. If none, the driver is then placed into a position of admitting to the
violation. However, with the above exception, remarks made by the officer should be in the
form of a statement rather than a question.


3. Identification of Driver and Check of Conditions of Violator and Vehicle

The officer should identify every violator stopped by requesting his operators license. If the
subject has no license, the officer should ask for other appropriate identification, preferably
one which carries the subjects description. If the subject has none, the officer should write
down a description of the person and obtain a thumb print, if possible, to be placed on the
citation or other document. The officer, after identifying the subject, should then call him by
the appropriate title (i.e. Mr., Ms.) and last name during the remainder of the contact. Should
a violator hand an operators license to the officer in a purse or billfold, have the driver
remove the license himself so as to prevent accusations regarding the loss of money or
important papers. A close comparison should be made between the description of the
individual and the description of the subject on the license presented.

4. Statement of the Action to be taken

The officer should make a clear statement in a firm, but calm manner, that will leave no
doubt as to the action you intend to take. Example: You will be issued a citation for the
offense of speeding. Patrol officers should refrain from using the word I during the
violator contact. Place the emphasis on the violator and the violation committed by using the
word you. When the Patrol officer states I am going to...., the action shifts from the
violation committed to the action being taken by the officer. This affords the violator an
opportunity to shift the blame from the offense committed to the action taken by the issuing
officer. When the you technique is practiced, much unpleasantness can be avoided.

5. Take That Action

In compliance with Texas law, Texas Peace Officers have the authority and discretion to
enforce traffic laws by issuing a warning, citation, or arresting the violator. Write the
citation, take the violator into custody or call his attention to the seriousness of the violation
and possible consequences (warning) and the action will have been taken in the manner the
officer has decided. Be prompt in the issuance of the citation or other action decided upon,
lecturing of the motorist is not authorized.

1. Custodial arrest may be affected on any violator of traffic laws pertaining to
intoxicated, reckless, or evading drivers. Drivers suspected of multiple traffic
violations without government issued pictured identity documents may also be
arrested.

a. Custodial arrest decisions will be based upon sound legal reasoning.

b. Peripheral issues such as violator attitude or passenger comments to the officer
should not be considered.


6. Explain Exactly What the Violator Must Do

Explain to the violator exactly what action he must take. A short explanation serves to dispel
much uncertainty in the mind of the violator. Make your explanation clear and be sure the
violator understands. Remember, he is not as familiar with the courts and locations involved
as you are. A little extra effort here can prove to be most beneficial.

7. Leave

Closing the contact with the violator is awkward for many officers. It is an opportunity to
create a feeling of friendliness if the proper technique is used. An attitude of officiousness or
gloating must be avoided. An expression of real friendliness by the officer and an attitude of
helpfulness and service is the most desirable. Do not, however, overdo it. Never give the
violator the impression that you are sorry for having given him a ticket. Leaving should be as
firm and impersonal as the approach. Thank You for Your Time and Courtesy spoken in a
sincere, yet business like tone is sufficient. When the violator contact has been broken do not
hesitate, but return immediately to the patrol car and LEAVE.

IV. APPLICATION

This General Order shall serve as the basis from which all complaints of rudeness or
unprofessional conduct on the part of Eastland Police Officers shall be investigated with
regard to these types of contacts. The use of the Seven Step Violator Approach can all, but
guarantee, a reduction if not complete discontinuation of these types of complaints. All
members of this Department are expected, as with all Orders, to read, become familiar with
and obey the requirements stated herein.

V. EFFECTIVE DATE






GENERAL ORDERS

SUBJECT: BRADY VIOLATIONS
DISCLOSURE REQUIREMENTS
NUMBER: 1500


REVIEW DATE: 01/09/2015

AMENDS/SUPERSEDES: Any Previous


NOTE: This General Order is for internal use only and does not enhance an employees civil or
criminal liability in any way. It should not be construed as the creation of a higher standard of safety
if proven, can form only the basis of a complaint by this Department, in a non-judicial,
______________________________________________________________________________
INDEX WORDS:
Brady Giglio
Disclosure Impeachment
Dishonesty Misconduct
Exculpatory Untruthfulness

I. PURPOSE

A. It is the purpose of this policy to provide officers and employees with the
information necessary to properly fulfill the reporting and testimonial requirements
mandated under certain U.S. Supreme Court decisions including, Brady v. Maryland
373 U.S. 83 (1963) and Giglio v. U.S, 405 U.S.150 (1972).

II. POLICY

A. The Brady decision and subsequent rulings have made it a duty of all law
enforcement agencies to:

1. Identify and provide, to the prosecution, any exculpatory material that would
have a probability of altering the results in a trial or any material that could
reasonably mitigate the sentencing of a defendant; and

2. Any material, relevant to the credibility of government witnesses including,
but not limited to, police department officers or employees. It shall be the
policy of this Department to folIow the Brady disclosure requirements,
consistent with the law.

General Order 1500 Brady Violations 1501

III. SCOPE

A. The provisions of this General Order shall be observed by all employees of the
Department in order to maintain the confidence, respect and support of the public as
well as prosecuting attorneys, other law enforcement agencies and the courts.

IV. DEFINITIONS

A. Material evidence:

1. Exculpatory evidence is "material" if there is a reasonable probability that
disclosing it will change the outcome of a criminal proceeding.

2. A "reasonable probability" is a probability sufficient to undermine
confidence in the outcome of a trial or the sentencing phase of a criminal
case.

B. Exculpatory evidence/Brady material:

1. Brady violations are, by definition, violations of an individual's 14th
Amendment right to due process of law.

a. Exculpatory evidence is evidence that is favorable to the accused, is
material to the guilt, innocence or punishment of the accused or that
which may impact the credibility of a government witness including a
police officer.

b. Impeachment material is included in the Brady disclosure
requirements,

C. Duty to disclose:

1. The affirmative constitutional duty of the police department to notify the
Criminal District Attorney of any Brady material.

V. PROCEDURES

A. General Provisions of Disclosure

1. Affirmative Duty to Report

a. This Department shall exercise due diligence to ensure that material
of possible Brady relevance is provided to the Criminal District
Attorneys Office.

2. It is this department's responsibility to disclose such material as soon as
reasonably possible to the office of the prosecutor.

3. It is the prosecutor's responsibility to establish whether material disclosed by
this department must be provided to the defense.

4. Suppression of evidence favorable to an accused violates due process when
the evidence is material either to guilt or to punishment, irrespective of good
or bad faith. There is no distinction between" impeachment evidence" and
"exculpatory evidence" for Brady disclosure purposes.

B. Examples of Brady Material

1. Examples of Brady material that maybe subject to disclosure include, but are
not limited to, the following:

a. Information that would directly negate the defendant's guilt
concerning any count in an indictment.

b. Information that would cast doubt on the admissibility of evidence
that the government plans to offer that could be subject to a motion to
suppress or exclude,

c. Any criminal record, criminal case, or arrest warrant pending against
any witness whom the prosecution anticipates calling.

d. The failure of any proposed witness to make a positive identification
of a defendant,

e. Information that casts doubt on the credibility or accuracy of a
witness or evidence,

f. An inconsistent statement made orally or in writing by any proposed
witness.

g. Statements made orally or in writing by any person that are
inconsistent with any statement of a proposed government witness
regarding the alleged criminal conduct of the defendant.

h. Information regarding any mental or physical impairment of any
governmental witness that would cast doubt on his or her ability to
testify accurately and truthfully at trial.

i. Information that tends to diminish the degree of the defendant's
culpability or the defendant's offense level under state or federal
sentencing guidelines.


j. A finding of misconduct, through an internal investigation, that
reflects on the witness's truthfulness, bias or moral turpitude. This
includes employees under suspension.

k. Evidence that a proposed witness has a racial, religious or personal
bias against a defendant, individually or as a member of a group.

l. An officer's excessive use of force, untruthfulness,
dishonesty, bias or misconduct in conjunction with his or her
service as a law enforcement officer.

2. Officer personnel files that are related to matters defined
herein may be provided or available to the prosecution or
defense as part of a Brady disclosure, as is consistent with the
law.

C. Duty to Report

1. An officers adherence to departmental policy, in all matters, is an integral
part of his office. A breach of those policies, especially where related
specifically to the employees honesty and veracity, may have a direct
bearing on his ability to continue serving as a law enforcement officer or
employee.

a. Any officer or employee whose history involves known, documented
issues concerning integrity, honesty, credibility or veracity will be
subjected to Brady disclosure requirements.

1. Personnel who, as the result of an internal or external
investigation, are known to have Brady disclosure issues will,
in all probability, be subjected to disciplinary action up to and
including termination of employment from the City of
Eastland and this Department.

b. It is the obligation of any officer or employee to inform the Chief of
Police, through their established chain of command, of any matter of
their employment which they have reason to believe may be subject
to Brady disclosure.

c. Supervisory personnel are responsible for ensuring that they act, with
due diligence, in identifying any potential Brady material connected
with any criminal proceeding for which they have oversight and for
bringing such material to the attention of the Chief of Police and the
Criminal District Attorney, without unnecessary delay, through
established reporting procedures.


D. Departmental Response to Officer Testimonial Impeachment.

1. Officers who are knowingly and intentionally untruthful, are otherwise
dishonest in the course of their employment or use excessive force are
subject to impeachment of testimony at trial. As a result, such officers will
also subject to disciplinary action up to and including termination of
employment from the City of Eastland and this Department.

E. Training

1. All employees of this department shall receive training in Brady disclosure
requirements to ensure that all have a complete understanding of what is
required.

F. Records Retention

1. Department Copies:

a. When potential impeachment information has been disclosed to a
Court or a defense attorney, then the information disclosed along with
any judicial rulings or related pleadings will be obtained from the
Prosecuting Attorney by the Chief of Police or his designee, for
retention in the Eastland Police Department records. The department
shall maintain judicial rulings and related pleadings on information
that was disclosed to the Court, but not to the defense, in a manner
that allows expeditious access, upon the request of any person
authorized to receive such information.

2. Record Retention:

a. When potential impeachment information has been disclosed to a
defense attorney, the information disclosed along with any judicial
rulings and related pleadings may be retained by the Eastland Police
Department, together with any related correspondence or memoranda,
in the affected employees Departmental file.

3. Removal of Records:

a. Upon being notified that an Eastland Police Department employee is
retiring, resigning or being dismissed from duty, subsequent to the
resolution of any proceeding in which the employee could be called
as an affiant or witness, the Chief of Police shall the transfer the
employees departmental file to the citys Human Resource Office for
inclusion in the employees permanent personnel file.


VI. EFFECTIVE DATE




SUBJECT: EYEWITNESS IDENTIFICATION NUMBER: 1800
BEST PRACTICE STANDARDS: 7.32
liability in any way. It should not be construed as the creation of a higher standard of safety or care, in an
evidentiary sense, with respect to third party claims. Violations of this General Order, if proven, can only
form the basis of a complaint by this department and only in a non-judicial, administrative setting.

INDEX WORDS

Administrator Interpreter
Assigned Investigator Live Lineup
Blind Administrator Person with Limited English Proficiency
Blind Manner Photographic Line-up
Blinded Administrator Sequential Viewing
Field Identification Simultaneous Viewing
Fillers Suspect
Folder Method Witness
Illiterate Person

I. POLICY
Eyewitness identification is a frequently used investigative tool. This Policy is designed to maximize the
reliability of identifications, minimize unjust accusations of innocent persons, and to establish evidence
that is reliable and which conforms to established legal procedure.

II. PURPOSE
It is the purpose of this policy to establish department guidelines for photographic line-up identification
and field identification procedures. The procedures in this policy are applicable when a person is known
to an investigator and is suspected of criminal involvement in the incident under investigation.

III. DEFINITIONS

A. Administrator: The person charged with presenting a photographic line-up to a witness.

B. Assigned Investigator: The officer primarily responsible for investigating an incident.

General Order 1800 Eyewitness Identification 1801

C. Blind Administrator: An administrator who does not know the identity of the suspect or the
suspects position in the photographic line-up.

D. Blind Manner: The presentation of a photographic line-up by either a blind administrator or a
blinded administrator.

E. Blinded Administrator: An administrator who may know the identity of the suspect, but does not
know the suspects position in the photographic line-up.

F. Field Identification: The presentation of a suspect to a witness following the commission of a
crime for the purpose of identifying and/or eliminating a possible suspect.

G. Fillers: The photographs used in a photographic line-up whose race, sex, age, height, weight, hair
style, and general appearance resemble the suspect.

H. Folder Method: A photographic line-up where the photographs are placed in separate folders or
envelopes and randomly shuffled prior to presentation so that the Assigned Investigator does not
know which photograph the witness is viewing.

I. Illiterate Person: An individual who speaks and understands English but cannot read and write
English.

J . Interpreter: An individual with the necessary skills that enable them to communicate with an
illiterate person or a person with limited English proficiency to the degree they can ensure the
person clearly understands all instructions given then prior to viewing a suspect in any
identification procedure.

K. Live Lineup: The presentation of individuals, including a suspect, in person to a witness, usually
in a manner preventing the individuals from seeing or identifying the witness, for the purpose of
identifying and/or eliminating suspects.

L. Person with Limited English Proficiency: An individual who is unable to communicate
effectively in English with a level of fluency that is typical of a native English speaker. Such a
person may have difficulty speaking, reading, or writing in English and includes persons who can
comprehend English, but are physically unable to write.

M. Photographic Line-up: A collection of photographs including a suspect photograph and filler
photographs that are placed in random order and shown to a witness for the purpose of identifying
and eliminating suspects.

N. Sequential Viewing: An identification procedure in which photographs are shown one at a time to
a witness.

O. Simultaneous Viewing: An identification procedure in which all photographs are shown at the
same time to a witness.

P. Suspect: An individual who has been specifically identified by the investigation as possibly being
the person who committed the crime.

Q. Witness: A term referring to a complainant, victim, eyewitness, or any other form of witness to an
incident.


IV. GENERAL PROCEDURES FOR LINE-UPS

A. Live line-ups will not normally be used due to the difficulty of administration and the difficulty in
obtaining sufficient number of individuals with similar physical characteristics. Should an
investigator determine a need for a live line-up, the investigator should contact the District
Attorney for procedural and technical assistance and the line-up should be carried out with the
intent of this policy in mind.

B. Photographic Line-ups are approved for use by this department if the following procedures are
followed. Photographic identification of suspects by witnesses should supplement other
investigative actions and/or evidence.

V. PREPARING PHOTOGRAPHIC LINE-UPS

A. The Assigned Investigator is responsible for:

1. Preparing the photographic line-up, including selecting the fillers and ensuring each of
the photographs are numbered or lettered for later reference.

2. Determining before any presentation if the witness is deaf, illiterate, or has limited
English proficiency. If the witness is deaf, illiterate, is non-English speaking, or has
limited English proficiency, the investigator will arrange for assistance to translate the
Photographic Lineup Form in the language of the witness or otherwise assist the witness
in understanding the instructions before proceeding. The identification of the assisting
individual will be documented as well as the assistance provided.

3. Obtaining a sworn law enforcement officer who is familiar with the contents of this
policy and understands the line-up presentation process to act as a blind administrator of
the line-up.

4. Preserving the photo line-up, whether an identification is made or not, together with full
information about the identification process for future reference, by placing the photos in
their original condition, the Photographic Lineup Form, and audio/video recording of the
administration process, if used, into evidence after the procedure.

5. Preparing the photographic line-up; the Assigned Investigator should:

a. Include only one suspect in each identification procedure.

b. Select fillers that generally fit the witness description of the perpetrator. Fillers
should be selected where no person stands out from the others.
c. Use photographs of individuals who are reasonably similar in age, height, weight
and general appearance and of the same sex and race. Avoid use of fillers that so
closely resemble the suspect that a person familiar with the suspect might find it
difficult to distinguish the suspect from the fillers.

d. If multiple photos of the suspect are reasonably available to the investigator,
select a photo that resembles the suspects description or appearance at the time
of the incident.

e. Include a minimum of five fillers per identification procedure.

f. Avoid reusing fillers in lineups shown to the same witness if showing a new
suspect.

g. Ensure that no writings or information concerning previous arrest(s) will be
visible to the witness. Do not mix color and black and white photos.

h. Use photos of the same size and basic composition. Mug shots should not be
mixed with other photos. If mug shots are to be used, cover any portions that
provide identifying information about the subject.

i. All individuals in the photographic line-up and/or the origin of the photos should
be known to the investigator, if possible.

j. Photos should be reasonably contemporary.

k. Do not use more than one photo of the same suspect.

l. If there is more than one suspect, include only one suspect in each line-up
presentation.

m. View the array, once completed, to ensure that the suspect does not unduly stand
out.

B. The Administrator [who may be the assigned investigator] is responsible for:

1. Ensuring they are familiar with the contents of this policy and the line-up presentation
process.

2. Ensuring the photographic line-up is presented in a manner consistent with this policy.

3. Documenting the conduct and results of the line-up presentation in the manner approved
within this policy.

4. Returning all line-up materials and documentation to the assigned investigator.

a. Number 4 only applies if a blind administrator is utilized.

VI. PRESENTING PHOTOGRAPHIC LINE-UPS

Option 1

A. It is the intent of this department to present all photographic line-ups to witnesses in a blind
manner and using a sequential presentation of the photographs.

B. If a department sworn member is not available to conduct the lineup a blind administrator, a
sworn member of another local agency may be used. The assigned investigator preparing the
lineup should ensure the assisting officer is aware of the procedures prior to presenting a lineup to
a witness.


C. If another sworn officer is not available within a reasonable period of time the assigned
investigator may present the line-up to a witness using the folder method. The witness is shown
only one folder at a time. The Photographic Line-up Form is changed to indicate the procedure
used and the same presentation procedures are used below and the process used thoroughly
documented. The investigator should also document the reasons for not being able to use a blind
administrator.

D. Police personnel present at the presentation should not make any suggestive statements, or take
any other actions that may influence the judgment or perception of the witness.

E. Prior to beginning the presentation, determine if the witness has seen the suspect at any time since
the crime occurred (whether in person or in newspaper or television reports, etc.) If so, contact
the assigned investigator to determine if the identification process should continue. Document
this action in the supplement report.

F. Provide the witness with a Photographic Lineup Form and explain the instructions for the line-up.
Instructions given the witness prior to viewing a photographic line-up can facilitate an
identification or non-identification based on the witnesses memory. Read the instructions and
admonitions verbatim from the form and obtain the witness signature indicating they understand
the procedure, and sign the form as Administrator. Ensure the witness understands the
instructions before proceeding.

G. Show the witness the photographs in a random order, one at a time, sequentially, and document
the order shown. Remove each photograph from the witness prior to providing a new one. Allow
the witness to see only one photograph at a time.

H. If the witness identifies a suspect, record the number or other identification of the photograph and
ask the witness for a statement of how confident they are about their identification. Show the
remaining photographs even if a suspect is identified.

I. Complete the Statement of Witness portion of the form, including documenting the witness
confidence statement in their own words, regarding how certain they are of any identification.
Have the witness complete and sign the appropriate portion of the form. Return all files,
photographs and forms to the assigned investigator and complete an offense supplement on the
identification procedure.

J . Do not provide any feedback of any kind to the witness during the procedure including whether
or not they picked the suspect.

Option 2

A. It is the intent of this department to present all photographic line-ups to witnesses using blind or
blinded administrators.

B. Blind or blinded administrator may use sequential viewing employing the folder method but a
simultaneous viewing will only be conducted by a blind administrator. An officer from another
agency may assist as a blind administrator if an agency officer is not utilized.

C. If a member of another local agency is used. The assigned investigator preparing the lineup
should ensure the assisting officer is aware of the procedures prior to presenting a lineup to a
witness.


D. Persons present at the presentation will not make any suggestive statements, or take any other
actions that may influence the judgment or perception of the witness.

E. Prior to beginning the presentation, determine if the witness has seen the suspect at any time since
the crime occurred [whether in person, in newspaper, television reports, etc]. If so, the assigned
investigator will contact the DAs office to determine if the identification process should continue.

F. Provide the witness with a Photographic Line-up Form and explain the instructions for the line-
up. Read the instructions and admonitions verbatim from the form, and obtain the witness
signature indicating they understand the procedure, and sign the form as Line-up Administrator.
Ensure the witness understands the instructions before proceeding.

G. Show the witness the photographs in a random order, one at a time, and document the order
shown when utilizing sequential viewing. Retrieve the photograph from the witness before
providing a new one. Allow the witness to see only one photograph at a time. Do not allow a
witness to re-review a photograph unless they specifically request to do so. The witness must re-
review all photographs rater than a specific photograph(s).

H. If utilizing simultaneous viewing with a blind administrator, show the witness the folder and
simply ask if they see the person who committed the crime. Report the findings to the assigned
investigator after the completion of the procedure.

I. If the witness identifies a suspect, record the number or other identification of the photograph and
ask the witness for a statement of how confident they are about their identification. Show the
remaining photographs even if a suspect has been identified when employing sequential viewing.

J . Complete the Statement of Victim/Witness portion of the form, including documenting the
witness confidence statement in their own words, regarding how certain they are of the
identification. Have the witness complete and sign the appropriate portion of the form. A blind
administrator will return all files, photographs and forms to the assigned investigator and
complete a supplement on the identification procedure.

K. Do not provide any feedback of any kind at any time during the procedure. If the witness asks
whether they picked the right person, a blind administrator will respond that he or she is unaware
of which photograph is a suspect and which are fillers and a blinded administrator will advise it
would compromise the case to inform a witness of the procedures results.

VII. DOCUMENTATION OF PHOTOGRAPHIC LINE-UPS

Option 1

A. If the necessary equipment is readily available, all presentations of photographic lineups to
witnesses will be video and audio recorded unless the below issues prevail. Upon completion of
the presentation process, the video/audio recording will be copied electronically and the copy
placed into the case file. The original recording will be properly tagged and placed into placed
into evidence storage. The investigator or officer conducting the line-up, if different from the
assigned investigator, will also complete a detailed supplement report outlining the line-up
presentation process and results. The recording, supplement report, as well as the original of all
photographs and the Photographic Line-up Form will be returned to the assigned investigator.


1. If the witness is afraid or refuses to be recorded, or if the identification process might put
the witness in danger if subsequently identified, a detailed written report in an offense
supplement outlining the line-up presentation process and result will substitute for the
video and audio taping. Information should be included in the report as to why the
recording process was not used.

Option 2

B. All photographic line-ups will be documented in the method reasonably available to the
administrator at the time of presentation. Acceptable methods of documentation include:

1. Video and Audio Recording

2. Audio Recording

3. Written documentation of the Line-up Presentation process.

In all cases, the investigating officer will prepare a supplement report which details the line-up presentation
process and result, returning the supplement, the Photographic Line-up Form, any video/audio recordings and all
original photographs and documents to the assigned investigator.

VIII. FIELD IDENTIFICATION PROCEDURES

Many courts have suppressed identification evidence based on the use of field identification because of the
inherent suggestiveness of the practice. The use of field identification should be avoided, whenever possible, in
preference for the use of a photographic or live lineup. If there is some question regarding whether an individual
stopped in the field may be the right suspect, an attempt at field identification may prevent the arrest of an
innocent person. Therefore, when circumstances require the use of field identification the following guidelines
should be followed:

A. Procedures to Using Field Identifications

1. Supervisory approval should be obtained prior to any Field Identification. The officer is
responsible for ensuring the witness is able to understand the instructions given by
officers. If the witness is deaf, illiterate, or has limited English proficiency, the officer
will provide for an interpreter or other assistance, or not continue with the field
identification.

2. Single suspect field identification shall not be used if there is adequate probable cause to
arrest the suspect.

3. A complete description of the suspect should be obtained from the witness prior to
conducting field identification. If the witness indicates they are unsure if they can identify
the individual, field identification will not be done.

4. Whenever possible, the witness should be transported to the location of the suspect rather
than bringing the suspect to the witness.

5. Field identifications should not be attempted more than two hours after the commission
of a crime.

6. Field identification should not be conducted when the suspect is in a patrol car,
handcuffed, or physically restrained by police officers, unless such protective measures
are necessary to ensure safety.

7. Field identification should only be conducted with one witness present at a time. If the
field identification is conducted for more than one witness it should be done separately. If
one witness positively identifies the individual, consider making an arrest and using the
above photographic lineup procedures for other witnesses.

8. The same suspect should not be presented to the same witness more than once in either
field or photographic line-ups.

9. Field identification suspects should not be required to put on clothing worn by the
perpetrator, to speak words uttered by the perpetrator or to perform other actions of the
perpetrator.

10. Words or conduct of any type by officers that may suggest to the witness that the
individual is or may be the perpetrator will be avoided.

B. Documentation of Field Identifications

Once again, the video or audio recording of field identifications is not required by statute.
However, recording of the event can eliminate accusations of tampering. This section includes the
use of audio and video recording because of the usual availability of a squad car recording
systems in the field.

1. The officer conducting field identification, after supervisory approval, should use the
Field Identification Form to inform the witness of the procedure and obtain evidence of
their understanding of the procedure.

2. The Officer will video/audio tape the witnesses viewing using the squad car video and
audio recording system and document the witness comments regarding suspect about the
suspect on the Field Identification Form. The Form will be given to the assigned
Investigating Officer who will include the form in the original case report. The
video/audio recording will be pulled and placed in evidence and the evidence number
included in the offense or supplement report.

Photographic Lineup Form
Case Number:______________________ Date:______-______-______

Witness Name:_________________________ DOB:_____-_____-_____ DL/ID #___________________St.___

Admonition: (Read the following to the witness):

1. You will be shown a number of photographs.

2. I have been asked to show these photographs to you, but I do not know the identity of the perpetrator.

3. These photographs are numbered, and I will show them one at a time, in a random order. Please take as
much time as you need before moving to the next photograph.

4. All of the photographs will be shown even if you make an identification.

5. The person who committed the crime may or may not be in this lineup and you should not feel compelled
to choose anyone.

6. Regardless of whether you make identification, we will continue to investigate this incident.

7. If you recognize anyone, please tell me which photograph you recognize and how or why you recognize
the individual.

8. You should not discuss the identification procedure or its results with other eyewitnesses involved in the
case and should not speak with the media regarding any identification you may make.

9. If you make identification, I am required to ask you to state in your own words, how certain you are
if you make identification.

10. Do you understand the information above, as it was read to you? _____Yes _____No

Lineup Administrator: ___________________Order of Photographs shown: ______________________

Statement of Victim/Witness:

On this, the _________day of _______________________, 20 , at ____o'clock (__.m), I viewed a Photo lineup.

This lineup contained photographs of _____ persons.

_____I was able to positively identify photo #______, in the line-up ________%, as the suspect in this case.

_____I was not able to positively identify any person, in the lineup, as the suspect in this case.

Viewer's Signature: ___________________________________ Date:______-______-______

Other persons in attendance, during the lineup process, including any translator used:

Name and Address: ___________________________________________________________________

Name and Address: ___________________________________________________________________
EPD-120
Field Identification Form

Case Number:______________________ Date:______-______-______

Witness Name:_________________________ DOB:_____-_____-_____ DL/ID #___________________St.___

Read the following to the witness:

1. You will be advised of the procedures for viewing the field identification.
2. The fact that an individual is being shown to you should not cause you to believe or guess that the guilty
person(s) has been identified or arrested.
3. This may or may not be the person who committed the crime.
4. You are in no way obligated to identify anyone. It is as important to clear the innocent as it is to identify
the guilty.
5. Regardless of whether you make identification, the police will continue to investigate this incident.
6. If you recognize anyone, please tell me how you recognize the individual. We are required to ask you to
state in your own words, how certain you are of any identification.

I understand the above information as read to me. I understand the need to describe my level of certainty,
regarding identification and after viewing the person(s) shown.

Statement of Victim/Witness:

On this, the _________day of _______________________, 20 , at ____o'clock (__.m), I viewed a Photo lineup.

This lineup contained photographs of _____ persons.

_____I was able to positively identify photo #______, in the line-up ________%, as the suspect in this case.

_____I was not able to positively identify any person, in the lineup, as the suspect in this case.

Viewer's Signature: ___________________________________ Date:______-______-______

Officers printed name:__________________________________________________ ID #____________

Officers signature:______________________________________________ Date:______-______-______

Names of other persons in attendance during field identification;

Name and Address:___________________________________________________________________________

Name and Address: _______________________________________________________________________

EPD-121


GENERAL ORDERS

SUBJECT: POLICE OFFICER
DOMESTIC VIOLENCE
NUMBER: 1900


REVIEW DATE: 05 2015

AMENDS/SUPERSEDES: Any previous

Order, if proven, can only form the basis of a complaint by this department and only in a non-

INDEX WORDS:

Assault Dating
Bodily Injury Death
Child Significant Other
Cohabitation Spouse

I. PURPOSE

This General Order acknowledges that some police officers commit domestic violence
against their spouses or significant others. The purpose of this General Order is to
establish procedures for handling matters of domestic violence and abuse involving
police officers. This General Order will provide the police executives and officers
guidance in addressing incidents where one or more party(s) to a possible domestic
violence incident is an employee, whether sworn or non-sworn, of any rank in the
Department.

II. POLICY

A. This General Order takes a continuum approach, seeking first to educate at all
phases of the police officer's career, then prevent or interdict domestic abuse
situations early on in order to reduce victimization of the partner and increase the
chances of officer career stability. Where incidents of domestic violence are
alleged to have occurred, the department will act quickly to protect the victim,
arrest the offender and conduct parallel administrative and criminal investigations.

G.O. 1900 Police Officer Domestic Violence 1901

B. This General Order delineates a position by this department of zero tolerance of
domestic violence. A police officer found guilty of domestic violence, either
through the criminal court or an administrative hearing, shall have his police
powers revoked.

C. Once implemented, this General Order will apply to past convictions, existing and
future police officer domestic violence crimes.

III. DEFINITIONS

A. Domestic Violence: For the purposes of this General Order, Domestic Violence
refers to any act of violence as described in the Texas Family Code, including, but
not limited to:

1. bodily injury or the threat of imminent bodily injury;

2. sexual assault;

3. physical restraint;

4. property crime directed at the victim;

5. violation of any order issued by a court of competent jurisdiction;

6. death perpetrated by a police officer, on or off duty or any police employee
upon his spouse or significant other which are defined as any individual with
whom the officer:

a. is or was legally married;

b. has a child in common;

c. has or had a dating relationship

d. is a members of the household; and

e. is specified as such by State law.

IV. PROCEDURES

This General Order applies to past convictions for domestic violence, as well as existing
and future offenses. In the process of adopting this zero tolerance policy, the Department
has and will continue to review the records of all employees to ensure they are free of

domestic violence convictions. Federal law prohibits police officers who have been
convicted of misdemeanor domestic violence crimes from possessing a firearm.

A. Prevention, Education and Training: The department will adhere to a zero
tolerance policy towards police employee domestic violence and violations of this
General Order will not be tolerated. The department will provide training to
employees on domestic violence and the zero tolerance policy throughout all
phases of the employee's career.

B. Departmental employees may seek intervention through one or more of the
following programs to help resolve their own domestic disputes or marital
discord:

1. Police Chaplain;

2. Behavioral Cause Investigation; or

3. Employee Assistance Program.

C. Early Warning and Intervention

1. Pre-Hire Screening and Investigation:

a. The department will conduct a thorough background investigation
of all potential new employees to determine if elder abuse, child
abuse or domestic violence issues are in existence;

b. All candidates shall be asked about past arrests or convictions for
elder abuse, child abuse or domestic violence related incidents and
past civil protection orders.

c. Those candidates with a history of perpetrating elder abuse, child
abuse or domestic violence shall, at this point, be removed from
the hiring process without further consideration.

2. Post Conditional Offer of Employment:

a. The department shall require a psychological examination, of all
viable candidates, to be performed by an experienced psychologist
or psychiatrist.

b. The psychological screening will focus on indicators of violent or
abusive tendencies or behaviors in their background.


3. Post hire Intervention:

a. When new officers are hired, the department will offer training that
includes families of the recruits to discuss this policy and other
issues. Families shall be instructed on whom to call, in the
department, if problems occur.

4. Department Responsibilities:

a. The department shall, either in response to early warning signs or
at the request of an officer, provide non-punitive avenues of
assistance to officers or their family members, before an act of
domestic violence occurs.

b. In accordance with General Order 300, Discipline / Complaints
against Police Personnel, counseling services are available to
employees as defined under Behavioral Cause Investigations.

c. Officers who disclose, to any member of the department, that they
have personally engaged in domestic violence are not entitled to
confidentiality. In accordance with General Order 200, the Code of
Conduct, the report of such criminal conduct must be treated as an
admission of a crime and shall be immediately investigated both
criminally and administratively.

5. Supervisory Responsibilities:

a. Demonstration of inappropriate aggressive behaviors, while
conducting police business, shall be documented for consideration
by supervisory personnel. These behaviors include the following:
stalking and inappropriate surveillance activities, unusually high
incidences of physical altercations, injuries or verbal disputes.

1. Supervisors shall maintain close supervision of employees
whose behavior is inconsistent with acceptable standards
for on duty problem resolution;

2. Supervisors shall monitor frequent tardiness and absences;

3. Supervisors shall proactively inquire about all on or off
duty employee injuries;

4. Supervisors shall immediately notify the Chief of Police of
any and all such behaviors.


b. Supervisors and all other officers shall be cognizant of and
document all behavior, on or off duty, where employees may be
exhibiting signs of possible domestic violence-related problems;
including increased use of force during arrests, alcohol or drug
abuse, increases in controlling behaviors, stalking activity, citizen
and co-worker complaints of unwarranted aggression or verbal
abuse and inappropriate aggression toward animals.

1. Supervisors shall immediately notify the Chief of Police of
any and all such behaviors;

2. The Chief of Police shall be informed of such
circumstances or concerns in a timely manner, through the
Department's chain of command.

3. Supervisors shall prepare and submit written requests for
evaluating an officer's mental and physical well-being by
suitable professionals when behaviors or circumstances
deem appropriate;

6. Police Officer Responsibilities:

a. Employees are encouraged and entitled to seek confidential
assistance from the department to prevent a problem from
escalating to the level of criminal conduct against a spouse
or significant other;

b. Employees with definitive knowledge of abuse or violence
involving fellow employees must report such information,
in a timely manner, to a supervisor or personnel assigned to
the Internal Affairs process. Failure to do so will subject
the employee to investigation, disciplinary action and
possible sanction and/or criminal charges;

c. All employees shall be aware of possible witness or victim
intimidation or coercion. Whenever an employee suspects
this may be occurring, he shall prepare a written report and
immediately deliver that report to the investigator in charge
of the case, through the proper chain of command;


d. Employees who engage in threatening, harassing, stalking,
surveillance or other such behavior designed to interfere
with cases against fellow employees or intimidate
witnesses will be subject to investigation, disciplinary
action and possible sanction and/or criminal charges.

e. Employees who fail to cooperate with the investigation of a
police employee involved domestic violence case will be
subject to investigation, possible sanction and/or criminal
charges.

f. An employee who falsely reports that a victim of a police
employee domestic violence case has committed a crime
(such as child abuse or neglect) will be subject to
investigation, possible sanction and/or criminal charges.

g. An employee who is the subject of a criminal investigation,
protective or restraining order related to domestic violence,
regardless of his jurisdiction, is required to report himself
to his supervisor and provide notice of the court dates,
times, appearances and proceedings in a timely manner.

h. An accused employee who is the subject of any civil
protective order proceeding, whether or not the order is
issued and regardless of jurisdiction, shall notify his
supervisor and provide him with a copy of any and all
orders issued, in a timely manner. The supervisor will then
notify the Chief of Police.

D. Incident Response Protocols

1. Department-wide Response:

a. The department shall accept, document and preserve calls or
reports, including those made anonymously, involving possible
police employee domestic violence as "on-the-record" information;

b. All reports of possible criminal activity, implicating police
employees in domestic violence, shall be documented in
accordance with the policies governing the handling of all reports
of domestic violence by citizens. A criminal incident report shall
be completed, including details on the date, time, location,

circumstances, names (if known), officials notified and actions
taken. An offense number shall be assigned and the report filed;


c. A copy of the report detailing the possible criminal activity,
implicating an officer in domestic violence, shall be directed to the
Chief of Police through the chain of command;

d. All such incident reports shall be made available, by the
Department's Records Unit, to the crime victim without costs.

2. Communications Response:

a. Telecommunications Officers shall be requested to assign top
priority to all domestic violence calls, including those that involve
or appear to involve a police employee from any law enforcement
agency;

b. Telecommunications Officers shall be requested to document all
domestic violence calls received that involve or appear to involve a
police employee and immediately notify the on duty or on-call
supervisor, regardless of the involved employee's rank or
jurisdiction;

c. Telecommunications Officers shall be requested to prepare and
preserve documentation of the facts and circumstances of the call,
including any 911 or other telephone recording tapes, for use in
potential criminal or administrative investigations;

d. Telecommunications Officers should have available a current list
of local domestic violence victim advocacy organization names
and telephone numbers for on-scene Supervisors to provide to
victims;

1. This information is also printed on the Notice to Adult
Victims of Family Violence which is to be provided to the
victim by the investigating officer.

3. Patrol Response:

a. Upon arrival at the scene of a domestic violence incident involving
a police employee, whether a member of this or another agency,
the primary responding unit shall immediately request that the on
duty or on-call supervisor be dispatched to the scene, regardless of
the involved employee's rank or jurisdiction;

1. The on duty or on-call supervisor shall respond
immediately to the scene and no attempt will be made to
handle the incident by telephone, radio or any other means;

b. If the alleged offender has left the scene and probable cause exists,
the responding officer shall:

1. broadcast an immediate attempt to locate to other units;

2. search any areas as may be appropriate and necessary;

3. obtain information from victim, family, and witness as to
where the offender may have gone;

4. seek an arrest warrant.

4. On-Scene Supervisor Response:

a. A supervisor shall report to the scene of all police officer domestic
violence situations, regardless of the involved officer's jurisdiction;

b. On arrival at the scene, a supervisor shall assume command and
ensure that the crime scene is secured and that all evidence is
collected, including color photographs. Video documentation of
the victim and scene shall be recorded where such resources are
available;

c. In cases where probable cause exists, the on-scene supervisor shall
ensure an arrest is made;

d. If the offender has left the scene, the on-scene or on-call supervisor
shall ensure a search is conducted and arrest warrant is obtained;

e. Arrest of both parties involved in a domestic violence incident
should be avoided. The senior officer on scene shall ensure that a
thorough investigation is conducted and an arrest of the primary
aggressor is made in accordance with state law;

f. Whenever a police officer is arrested, the supervisor may relieve
the accused armed officer of his service weapon regardless of
whether the officer is a member of the responding department.
Where allowable under federal law, state or local ordinances, all
other firearms owned or at the disposal of the accused officer may
be removed to ensure the victim's safety;

g. Whenever a police employee domestic violence call does not result
in an arrest, the on-scene or on-call supervisor shall submit a
written report explaining any and all reasons why an arrest was not
made or a warrant was not sought;

h. The on-scene supervisor shall ensure the victim is informed of the
following:

1. The availability of an on-scene Crime Victims Advocate;

2. Confidential transportation to a safe house, shelter or any other
location that ensures victim safety;

3. Procedures for obtaining protective orders or emergency
protective orders and victim rights;

4. The standard of probable cause for arrest;

5. J udicial process, victim rights, and compensation following an
arrest;

6. Written information on community resources, local domestic
violence and victim advocacy organizations;

5. Additional Critical Considerations:

a. When responding to a domestic violence complaint involving a
police employee from another jurisdiction, all responding officers,
investigators, and supervisors shall follow the same procedures
that are to be followed in responding to a domestic violence
complaint involving an officer from their own department. The
responding supervisor shall, as soon as possible, verbally notify the
on duty supervisor in the accused officer's jurisdiction. As soon as
is reasonably practical, the responding supervisor shall ensure that
copies of all written reports are forwarded to the appropriate
personnel in the accused officers jurisdiction.

b. In responding to domestic violence situations, where the victim is a
police employee, standard domestic violence response and
investigation procedures will be followed by all personnel assigned
to the case.

c. After probable cause and the dominant aggressor are determined,
an arrest will be made and all Department issued weapons of the
offender will be confiscated.

Note: Other weapons found in the place of occurrence may be seized for the protection of the
victim as well.


6. Department Follow-Up:

a. The on scene or on-call supervisor shall, in a timely manner,
debrief all officers who respond to a police employee domestic
violence call. During the debriefing, the supervisor shall:

1. Review confidentiality;

2. Reaffirm that officers share information only on a need to
know basis;

3. Establish a clear delineation of assignments in order to
assist victims in a coordinated and consistent manner;

4. Ensure that the Chief of Police is notified.

b. On-scene and follow-up investigators shall proactively seek out
information on existing protective orders and, if found, shall
enforce them;

c. Following the reported incident, a supervisor with the Criminal
Investigation Division shall act as the principal contact for the
victim. The supervisor shall keep the victim apprised of the case
throughout the investigation and adjudication process as well
provide the victim with a copy of the incident report;

d. Personnel assigned to the Internal Affairs process shall conduct an
assessment to determine the potential for further violence on the
part of the accused employee. Based on the outcome, the Chief of
Police or his designee will make decisions concerning referrals,
duty assignments and administrative actions;

E. Victim Safety and Protection

1. Working with community resources and the Crime Victims Advocate, the
Department shall make available all necessary and appropriate services to
each victim;

2. All employees shall keep all information concerning victims confidential,
including their whereabouts, safety plans and any communications;

3. The senior officer on scene shall inquire as to whether the victim wants
any weapons removed from his or her home for safekeeping by the
Department;


4. All officers shall be aware of the increased danger to victims, when the
victim leaves an abusive partner and shall caution the victim to be alert to
stalking activities on the part of the abuser and assist in safety planning;

5. The Sergeant of the Criminal Investigation Division shall be designated as
the principal contact for the victim and shall inform the victim of
confidentiality policies, their limitations and ensure that confidentiality is
maintained throughout the case;

6. All officers shall be aware of possible witness or victim intimidation /
coercion. Whenever an officer suspects this is occurring, he shall prepare a
written report and immediately deliver it to the investigator in charge of
the case, through the proper chain of command;

a. In order to ensure that coercion is not being attempted, the
Investigator in charge shall seek out secondary sources of
information;

b. Given the likelihood that a victim will recant, supplemental
evidence should be sought out and preserved.

F. Post Incident Administrative and Criminal Decisions:

1. The Department will conduct separate, but parallel administrative and
criminal investigations into alleged incidents of police employee involved
domestic violence. If the facts of the case indicate that domestic violence
has occurred or Departmental policies have been violated, administrative
action shall be taken separate and distinct from any criminal proceedings
as soon as practicable. Independent of the outcome of the criminal case,
the Department shall adhere to all positions and policies relating to the
incident. All administrative investigations shall be conducted in
accordance with the requirements specified in General Order 300 -
Discipline/Complaints against Police Personnel.

2. Administrative Investigations and Decisions

a. The responsibility to complete the administrative investigation of a
police employee involved domestic violence case shall rest with
personnel assigned to the Internal Affairs process.

3. Criminal Investigations

a. The responsibility to complete a criminal investigation of an
incident of Police employee involved domestic violence shall rest
with the Criminal Investigation Division (CID).

b. The Chief of Police will assign the appropriate personnel to
conduct the required investigation, in conjunction with
investigative personnel from another law enforcement agency,
selected by the Chief of Police or his designee.

1. The assigned investigator(s) will conduct the criminal
investigation the same as any other criminal violation,
giving no consideration to the fact that police employee is
involved. Witnesses shall be contacted, statements taken,
evidence collected, photographs taken of the scene and any
injuries, hospital / medical records accessed, 911 tapes
requested from communications and all information fully
documented;

2. When appropriate, the assigned investigator shall conduct
sufficient, video recorded interviews to support criminal
charges, to include family members, friends, neighbors, co-
workers or others who may have information regarding the
employee's and/or the victim's privacy rights.

3. Even though an initial report may already exist concerning
a police employee, if the victim reports any subsequent
criminal activity, each incident shall be documented
separately, assigned a new service number and investigated
thoroughly;

4. The department will completely investigated the charges
and where warranted, seek prosecution even if the victim
recants the charges;

5. The department will establish a liaison to work with the
District Attorney's Office for each case. The liaison shall
present the information to the District Attorney or Grand
J ury for proper action in a timely manner and request that
timely decisions be made with regard to the adjudication of
the case;

6. Filing of required complaints shall be requested by the
assigned investigating officer, as with any other case for
criminal prosecution.


4. Criminal Convictions:

a. Federal law prohibits police officers convicted of misdemeanor
domestic violence assaults from carrying firearms. The department
shall ensure compliance with this Federal law;

b. Any police officer convicted of a domestic violence crime, as
defined herein, shall have his police powers revoked.

V. EFFECTIVE DATE






GENERAL ORDERS
SUBJECT: UNIFORMS, APPEARANCE
AND EQUIPMENT
NUMBER: 4200



BEST PRACTICE STANDARDS: 1.11.1,
1.12.1, 2.13.1, 7.23.1, 7.25.1

NOTE: This General Order is for internal use only and does not enhance an officer's civil or criminal
only form the basis of a complaint by this Department and only in a non-judicial, administrative setting.

INDEX WORDS:

Alterations Nameplates
Awards Non-Uniform Apparel
Badges Pants
Coats Patches
Equipment Personal Appearance Guidelines
Footwear Personnel Incident Form
Insignia Uniform
Leather Goods Uniform Request

I. PURPOSE

As representatives of the Department and the City, it is important for the employees of the
Department to project a professional image, including a clean and neat appearance. The purpose
of this General Order is to describe the uniform, appearance and equipment regulations of the
Eastland Police Department.

II. POLICY

This General Order designates the specifications for authorized equipment and apparel to be
worn by Eastland Police Department personnel.

General Order 4200 / Uniforms, Appearance and Equipment 4201

III. PERSONAL APPEARANCE GUIDELINES

A. Neatness and safety shall be the criteria for hairstyles for all uniformed members of the
Department. Supervisors will not permit subordinates to report for duty with stringy,
shaggy, dirty or unkempt hair.

B. Should an employee's hairstyle be questioned, it will be the responsibility of his
supervisor to resolve the question, after considering the criteria contained in this
directive.

C. Wigs are acceptable, for male and female employees, if they meet the prescribed
requirements for hairstyles set out below.

D. Male Employees

1. The hair must be combed in an orderly manner, and the grooming must be
maintained under all but the most adverse conditions.

2. The hair will present a tapered appearance on the sides and back of the head. The
length and/or bulk of the hair will not present a ragged, unkempt, bushy or
extreme appearance.

3. The block cut in the back is permitted as long as a tapered appearance is
maintained.

4. When combed, the hair may touch the top of the ear, but will not cover any part of
the ear while on duty. Hair will be no longer in the back than to the top of the
buttoned up collar.

5. In all cases, the bulk or length of the hair will not interfere with the normal
wearing of all standard-issue headgear. Hair will not protrude onto the forehead
below the band of properly worn headgear.

6. Conservative Afro hairstyles may be worn. However, when the uniform cap is
worn, the hair will present a tapered appearance on the sides and back of the neck.

7. Sideburns shall not extend past the lowest part of the ear canal.

a. Sideburns will end in a clean-shaven horizontal line.

b. Sideburns will not be flared or any wider at the bottom, than the natural
width at the top.

General Order 4200 / Uniform, Appearance and Equipment 4202

8. Beards and goatees are prohibited.

a. The only exception to this being employees who are assigned to positions
of a covert nature (i.e. Narcotics, Intelligence, etc.), whether temporary or
full time. Refer to Section E, below, for further detail.

9. Mustaches are permissible with these limits:

c. No wider than one-quarter (1/4) inch past the corner of the mouth and no
lower than one quarter (1/4) inch below the corner of the mouth;

d. The mustache hair must not extend below the natural line of the upper lip;

e. The mustache hair must be neatly trimmed at all times and not droop or
turn down at the corners of the mouth.

E. The hairstyle and facial hair allowances of officers assigned to work undercover, if
applicable, shall be established by the Chief of Police.

F. Females in Uniform

1. Sworn female officers should keep in mind that longer hair presents an increased
risk that an assailant will use to his/her tactical advantage in the event of a
physical struggle, i.e., an arrest situation. Said employees are urged not to wear
long hair. In no case shall the hair of any female employee in uniform fall below
the yoke (horizontal seam across the shoulder blade area) of the uniform shirt.

2. Uniformed female employees will wear their hair in a style that will permit the
proper wearing of prescribed headgear, when applicable.

3. Uniformed female employees shall not wear any beads, ribbons or other
decorations in their hair other than what is prescribed in subsection 5.

4. Styles such as hanging pigtails, a ponytail or a large bouffant shall not be worn, as
they would interfere with the wearing of uniformed headgear when prescribed.

5. Items used by uniformed female employees to hold the hair in place will be
concealed as much as possible and will be black or dark navy blue in color.
Bobby pins and other type of pins that are used to hold the hair in place should be
of a color that blends with the hair.

6. Finger nail polish should consist of conservative colors and be free of distracting
designs. Lengths of nails should be short to medium length so they do not
interfere with the manual dexterity required to operate weapons and perform other

physical tasks required of the sworn position.

G. Non-uniformed female employees may wear their hair in a style conducive to their
assignment and as approved by the Chief of Police.

H. Plainclothes officers, temporarily working in uniform, shall comply with the same
standards governing uniformed officers.

I. J ewelry for Employees in Uniform

1. No necklaces, medical, religious or otherwise will be visible when worn with an
open collar shirt.

2. Employees in uniform may wear a wristwatch or an identification bracelet.

a. Employees may wear a bracelet indicating a medical condition, in addition to
a wristwatch.

3. A maximum of two rings on each hand may be worn. A wedding set is
considered as one ring.

4. Female Officers will be allowed to wear earrings of a conservative style. They
should not be of a style which would likely cause injury to the officer should the
officer be involved in a Use of Force situation. Excessive jewelry will not be
worn while in uniform. Excessive will be determined by the employees
immediate supervisor.

5. Male Officers will not be allowed to wear earrings while in uniform or on-duty, in
any capacity, except in an undercover capacity as approved by the Chief of
Police.

6. Other decorative jewelry is prohibited, when in uniform. This includes any colored
rubber or plastic bands for special causes, unless approved by the Chief of Police.

J . Sunglasses

1. Sunglasses, if worn, shall be conservative in style and color and will not present a
gaudy or outlandish appearance. Frames with beads, jewels, or other decorations
are prohibited. Mirrored or reflective sunglasses will not be worn by uniformed
officers.

K. Use of Cosmetics

1. The use of cosmetics by employees, both uniformed and plainclothes will
be conservative. This does not imply a plain look, but is meant to prevent
gaudiness.


IV. UNIFORMS FOR SWORN AND NON-SWORN EMPLOYEES

A. The following regulations pertain to the wearing of the uniform and will be adhered to by
all employees, any time the uniform is worn.

1. Uniforms will be kept neat, clean, well pressed and in good repair at all times.
Leather goods will present a clean and well-polished appearance. Service
weapons will be clean and all uniform accessories will be polished. While
wearing the uniform, employees shall maintain a professional bearing avoiding
mannerisms such as slouching, shuffling, and keeping hands in pockets.

2. With regard to uniform accessories, it shall be the policy of the Department to
designate the finish of GOLD for the Rank of Sergeant and above and the finish
of SILVER for Corporals and Police Officers.

3. All uniformed personnel of the Department shall wear the Department uniform,
including rank insignia and other accessories in the manner prescribed by the
Chief of Police. The Department uniform and accessories shall conform to the
style, design and specifications authorized by the Chief of Police.

4. Approved uniform equipment will be issued by the Chief of Police or his
designee, in the following manner:

a. All sworn employees issued navy blue uniform shirts.

b. Non-sworn uniformed employee shirts shall be grey;

c. Sworn, uniformed employee trousers shall be navy blue.

d. Non-sworn, uniformed employee trousers shall be black.

5. No mixture of civilian clothing, with the official uniform, will be permitted either
on or off duty.

6. When off duty, employees shall not wear Department issued uniforms or
equipment:

a. Unless on official duty or enroute to or from duty (including approved
secondary employment);

b. When outside the City, except when necessary in the performance of
official police duties, with permission of the Chief of Police or his
designee.


7. Uniform shirts will be worn as follows:

a. Only uniform shirts issued by the Department will be worn;

b. Sleeves will not be rolled up or turned under on any uniform shirt;

c. When in use, the long sleeve Class A shirt will be worn in one of the
below approved methods:

1. with only the top collar button unfastened as long as a neat
appearance is maintained. All other buttons will remain fastened.

a. When the collar is worn open, a t-shirt will be worn and
must be black or white in color.

2. with a department approved black mock turtle neck;

3. with a department approved uniform tie.

a. Use of an approved tie will continue to be mandatory at
required dress uniform events.

4. The long sleeve shirt will have black uniform buttons. This
includes the epaulets and pocket flaps.

d. The short sleeve and long sleeve Class B uniform will be worn collar
open, with only the top button unfastened.

1. A t-shirt will be worn and must be black or white in color.

2. The short sleeve shirt will have black uniform buttons. This
includes the epaulets and pocket flaps.

8. Personnel assigned to wear a uniform will report for duty at the designated time
and place, in complete uniform, as prescribed by the provisions of this General
Order.

9. Supervisors will be responsible for ensuring that their personnel are
wearing a uniform that is seasonally appropriate for the current
temperatures.

10. No substitutions for issued uniform items will be allowed unless specifically
provided for in this General Order.


B. Ordering of Uniforms

1. The authorized number of uniforms per employee is three trousers, two long
sleeve shirts and three short sleeve uniform shirts and one polo style b-cool.

2. Uniformed personnel will be allowed to replace both winter and summer uniforms
on an as needed basis, with approval from supervisory personnel.

3. Uniformed personnel will submit a memorandum, which details the need for
replacement, in order to trade or replace uniforms or equipment. That
memorandum must be submitted to the Chief of Police, through the appropriate
chain of command.

4. Once approved, uniforms will be ordered from the designated supply company or
depot and only by designated personnel.

a. Employees may be required, due to necessary sizing or fitting, to travel to
the designated supply company or depot.

b. No employee will order, pickup or obtain uniforms, equipment or
supplies, in the name of the Department or the City of Eastland, without
the proper authorization.

5. Supervisors may request special or temporary issue of uniforms for themselves or
personnel under their command for promotions, changes of duty or emergency
replacement, based upon demonstrated need, following proper procedures.

C. Extra Issue Uniforms

1. If additional or replacement uniforms are required for an employee to perform his
duty and still maintain a neat, clean and well pressed appearance, a memorandum
stating the reason will be written and forwarded to the Chief of Police, through
the employee's chain of command.

2. If the request is approved, the employee will be notified how to pick up the
uniforms.


D. Uniform Headgear

1. Only hats issued by the Department will be worn. Except as noted herein,
wearing of any type of baseball cap with the uniform is prohibited. Wearing of the
uniform hat is optional with the exception of the following:

a. At all funerals;

b. Crowd control;

c. At parades;

d. When directing traffic for a specific event, not accident scenes; or

e. At any other time, as directed by competent authority or written directive,
especially when officer visibility or safety is of importance.

f. Uniformed officers shall have their hats readily accessible, such as in their
patrol vehicles, when on duty or working any special event.

2. Approved hats will be worn level on the head, as viewed from the front and back,
with the front tip of the hat bill level with the top of the eyebrows as viewed from
the side.

3. The Uniform or Garrison hat will have both a hat strap and a regulation hat badge.

a. The hat strap will be affixed on top of the bill of the uniform hat.

b. The regulation hat badge will be attached to the front, centered and
parallel to the bill.

4. Uniformed officers and /or specialized units such as K-9, etc. may wear headgear
approved by the Chief of Police, such as a baseball type cap. Personnel wearing
the issued B-Cool, polo style shirt may also wear this type of cap.

5. A dark navy blue or black knit style cap may be worn, while in uniform, during
the winter months and during times when temperatures necessitate the use of a
winter cap.


E. Uniform Ties

1. Only ties issued by the Department will be worn with the uniform;

2. The following tie clasps are approved:

a. Plain, silver or gold, chain or bar;

b. Insignia pins awarded by recognized police schools;

c. Miniature Department badge, patch or awards.

F. Uniform Coats, Windbreakers, and Dress J ackets

1. Coats, windbreakers or dress jackets will be issued by the Department, unless
otherwise specified herein.

2. Dress (Ike) jackets may be worn by Command and Supervisory personnel, of the
rank of Sergeant and above. Dress jackets will not have cloth, sewn on badges.

3. All uniform coats and windbreakers shall:

a. Have approved Department patches on both sleeves;

b. Have an approved cloth badge or wear the approved badge in the correct
position;

c. Be worn with all pockets and shoulder straps buttoned.

4. Approved uniform coats or windbreakers may be worn with the short sleeve
uniform shirt.

G. Uniform Trousers

1. Only uniform trousers issued by the Department will be worn.

2. Trousers will be no shorter than two inches above the top of the sole of the
footwear, at the heel and no longer than the top of the heel when standing.

3. Trouser legs will not be altered, unless unusual circumstances require and then,
only with the approval of the Chief of Police.


H. Uniform Footwear

1. Shoes and boots worn with uniforms shall be black, round toed and be of a
material to hold a shine.

a. When boots are worn no zipper or portion thereof may be visible below
the trouser leg when in a standing position.

b. When boots are worn the heel height will be a maximum of 1 5/8"
(measuring from bottom of sole to bottom of heel).

2. There will be no ornamental pattern or stitching on the top of the shoes or boots.

3. Athletic or tennis shoes are permitted for work purposes with the following
stipulations:

a. Black in color;

b. Leather or leather-like material that is capable of holding a shine;

c. Have no marking, striping, trademarks or other symbols;

d. Shall not be worn during situations deemed ceremonial or formal, unless
the officer is on duty and is called off the street without notice; and

e. Shall not have shoestrings that drag the ground or which are tied in large
knots.

4. Socks worn with the uniform shall be dark blue or black when worn with low
quarter footwear.

I. Uniform Alterations

1. Approved, first time alterations will be paid for by the Department for the initial
or replacement issue of uniforms only.

2. Alterations that will be allowed, but not paid for by the Department are:

a. Custom tapering of shirts

b. Special fit waist alteration

3. Shirts will not be altered to increase or decrease the circumference of the sleeve,
unless unusual circumstances require it and then, only with the approval of the
Chief of Police.

J . Badges

1. Only badges approved by the Chief of Police will be worn by Department
personnel.

2. Badges will be worn on the outer layer of clothing, except when the uniform coat
or wind-breaker has an approved cloth badge sewn on.

K. Insignia of Rank

1. Uniformed personnel below the rank of Sergeant will wear no collar insignia.

a. As rank devices become unserviceable, they will be replaced.

2. Sergeants and above will wear appropriate devices denoting the correct rank:

a. Sergeant gold chevrons; Chief of Police - two gold stars.

1. Rank insignia will be worn on the collar of the uniform shirt or
centered on the cross-stitching of the epaulet of the uniform,
windbreaker, dress jacket or coat.

L. Uniform Patches

1. Only patches issued by the Department will be worn with the uniform;

2. The Department patch will be worn on the left and right shoulder of the uniform
shirt, coat, dress jackets or windbreaker.

M. Department issued Nameplates

1. Nameplates will be worn, centered and 1/4" above the right uniform shirt pocket.

N. Wet Weather Items

1. Uniformed personnel will wear only wet weather items issued by the Department,
with the exception of black rain boots or shoes, which may be worn at the
employee's discretion.

2. Raincoats will be issued to all uniformed personnel that work outside in inclement
weather.


O. Awards

1. Uniformed personnel, who have received Departmental awards, may wear those
awards on uniform shirts.

2. Medals in the form of bars will be worn under the nameplate. The number of
awards that are worn shall not exceed nine. Awards will be worn left to right (as
seen from the perspective of a person standing in front of the officer) in
descending order of precedence, no more than three bars to a single horizontal
row and centered over the nameplate.

3. Shooting medals may be worn by all officers authorized to do so, centered above
the nameplate and above any award bars.

4. At the approval of the Chief of Police, Officers may wear status pins, i.e.
longevity pins issued by the City, individual unit pins, American Flag, etc.

a. These pins will be worn on the flap of the right shirt pocket and centered
approximately 1/4" below the name plate. Only one approved pin will be
worn at a time.

5. The only exception to this policy will be that officers who have received awards,
medals or decorations, not issued by this Department may make a request in
writing, to the Chief of Police, for authorization to wear that award, medal or
decoration on an individual basis. If permission is granted, the award will be worn
in accordance with this General Order.

6. The daily wear uniform, in either the short or long sleeve shirt, would include
only the Department issued badge, name plate and appropriate rank insignias.

7. Medals or awards should be worn at the individual officers discretion, but will be
required under the following circumstances or special occasions:

a. where proper honors would be required;

b. while attending public demonstrations or speaking engagements;

c. when attending Memorial Day Services, Awards Banquets or Promotional
Ceremonies.


P. The Dress Uniform will consist of the following items:

1. Long sleeve shirt and tie;

2. Uniform trousers;

3. Garrison hat;

4. Appropriate collar brass

5. Departmental Awards and Medals as prescribed in subsection O; and

6. Black shoes or boots, no athletic style shoes (refer to subsection H).

Q. Special-Use Items

1. Items issued by the Department to officers in specialized police positions are
designated as special-use items.

2. Specifications for these items will be defined by the Department having
jurisdiction and coordinated with the Division Commander. Requests for special-
use items must have the approval of the Chief of Police.

3. Items such as coats, wind-breakers or uniforms may be issued to individuals not
employed on a full time basis, i.e. Police Chaplains, Police Explorers, Crossing
Guards and Volunteers in Policing, with the approval of the Chief of Police.

R. Leather Goods and Equipment

1. Uniformed officers will wear the black, plain finish leather duty gear and
equipment which are issued by the Department:

a. One belt;

b. One holster;

c. One handcuff case (officers may purchase and carry a second pair of
handcuffs and second handcuff case of similar style and design); the
handcuff case will be worn to the rear, on either side.

d. Handcuffs will be Hiatt, Smith & Wesson, Peerless, ASP or other brand of
handcuffs approved by the Chief of Police.

1. Hinged handcuffs will not be allowed.


e. Four (4) belt keepers, worn even with Velcro lined duty belts.

f. One spare ammunition carrier, which will carry a minimum of two fully

loaded magazines for semi-automatics, will be worn as approved by the
departmental firearms instructor(s).

g. One baton and the appropriate holder may be worn as approved by the
departmental regulations.

h. One O.C. spray carrier, with O.C. canister may be worn as approved by
the departmental O.C. spray instructor(s).

i. Portable radio holder; will be worn opposite the duty weapon.

2. Additionally, certain non-issue items such as flashlight holding rings, key straps,
folding knives (blade not to exceed 4 inches), multipurpose type tools and small
flashlights may be worn. However, only those items approved by the Chief of
Police will be allowed.

3. Whistles will be issued by the department. Those officers wishing to wear the
whistle on the duty belt will wear it on a key ring on the same side as and in front
of the duty weapon.

S. Body Armor

1. It is the policy of the Eastland Police Department to require patrol personnel to
wear protective body armor vests while performing field law enforcement duties.

2. The Department will issue, at least, a Level II protective body armor vest to all
personnel.

3. Protective vests that cover and are meant to look like or replace the uniform shirt
will be allowed. Vest covers shall be kept clean and presentable.

a. Supervisors will not allow subordinates to wear a protective vest in a manner
that reveals a discolored, dirty or ragged cover.

T. Reflective Traffic Vest

1. Only those reflective traffic vests issued by the Department will be utilized by
Departmental personnel. The traffic vest will be worn, at all times, by officers
while they are directing traffic, investigating accidents, at any scene that causes
them to be conducting any business in a public roadway or at the direction of
competent authority. The traffic vests issued will be compliant with the current
American National Standards Institute (ANSI) guidelines.


U. Departmental Radios

1. Portable radios will be issued by the Department.

2. Portable radios in need of repair, programming, etc. will be returned to the Patrol
Sergeant by the officer responsible for the radio.

a. The officer will be issued a spare portable radio, if available, while the
assigned radio is being repaired.

3. Police radios, mounted in Department vehicles, which are in need of repair,
programming, etc. will be reported to the Patrol Sergeant who will ensure the
radio is repaired and returned to service.

a. The officer first detecting the problem will describe the problem on the
appropriate Vehicle Inspection Report and submit it to his immediate
Supervisor.

b. The receiving Supervisor will forward the Vehicle Inspection Report with
the noted problem to the Patrol Sergeant.

V. NON-UNIFORM APPAREL: SWORN AND NON-SWORN EMPLOYEES

A. All employees are expected to report for duty ready for work. No employee, assigned to
wear a uniform, will report for duty in civilian clothing without the permission of
competent authority.

1. Field Training Officers currently assigned to a ghost phase may follow guidelines
for Non-Uniform Apparel.

2. Officers assigned as background investigators may wear their uniform or follow
guidelines for Non-Uniform Apparel.

3. All sworn employees, who report for duty in plain clothes dress, must conform to
the guidelines established in General Order 800 - the Use of Force, specifically,
the Force Continuum.

B. Employees assigned to duties involving frequent contact with the public, such as officers
on investigative assignments and employees performing office duties, will report for duty
in conservative apparel, appropriate to an office setting. All clothing worn will be of
conservative fit and not excessively tight.


1. Shirts:

a. Employees will wear conservative dress shirts with ties, sweaters, and knit

tops or blouses for female personnel;

b. Employees will not wear shirts, sweaters, knit tops or blouses that have
logos, advertising, or other emblems, other than those shirts bearing
designs that indicate brand name (i.e., Polo, Penguin, etc.) or a
Department logo.

c. Employees may wear a turtleneck sweater, during cold weather, in lieu of
a dress shirt and tie;

d. Employees shall not wear shirts of a "Hawaiian" or plaid style having
multi-colored designs;

1. The only exception to this is those personnel assigned to covert
operations, i.e. Narcotics, Intelligence, etc.

e. On-duty, plain clothes personnel must wear their badge prominently
displayed on the belt or waistband next to the service weapon. The police
department identification card must also be visibly displayed on the
clothing.
2. Pants:

a. Employees will wear conservative dress pants, which include dress slacks
and casual slacks;

b. Employees will not wear blue denim jeans, designer jeans or pants that fail
to portray a neutral image;

c. Employees will not wear Capri or calf length pants;

d. Stirrup pants may not be worn, except when worn with dress boots;

e. Dresses and Skirts:

1. Dresses, skirts and skorts must be of a conservative fit. The length
shall be no shorter than three (3) inches above the top of the knee
or longer.

2. No sun dresses, dresses or skirts with a split to the mid or upper
thigh will be worn.


3. Footwear:

1. Employees will not wear casual footwear (tennis shoes, jogging

shoes, thongs, slides, or sandals, etc.) unless approved, in
conjunction with some specific duty, by the Chief of Police or his
designee.
C. Exceptions

1. Criminal Investigation Division personnel may deviate from this dress code with
the approval of the Chief of Police and only for specific job tasks (i.e., undercover
operations, surveillance, search warrants, etc.).

2. An exception to logos on shirts may occasionally be authorized by the Chief of
Police (i.e., POLICE, PAL, Crime Stoppers, etc.).

3. Certain employees, such as firearms training personnel, traffic officers on fatality
call-out or K-9 Officers, may wear work clothing appropriate to the nature of their
work. Work clothing will not be considered a uniform and therefore will not be
worn in lieu of the regulation uniform or proper civilian dress, if such is required
(i.e., during a court appearance, in-service training or funeral).

VI. EQUIPMENT/UNIFORMS MISC.

A. All personnel will sign the Eastland Police Department Issued Equipment/ Uniforms
Form upon receiving and turning in any of the listed equipment/ uniforms. Upon
separation from the department, it is the responsibility of the employee to turn in all
equipment/uniforms that have been issued. If the employee fails to do so, the department
may hold the employees wages to satisfy the cost of the loss of the equipment/uniforms.
The Patrol Sergeant is responsible for the issuance and collection of department
equipment/uniforms.
B. All personnel will obtain written approval from the Chief of Police prior to carrying and/or
using personally owned equipment while in the performance of their duties. Employees
should address the memorandum to their immediate supervisor for review and forwarding
through the Chain of Command to the Chief of Police stating the type of equipment they
wish to carry/use and the purpose of the equipment. The Chief of Police or his designee will
make the final decision of approval or denial.

VII. STOLEN, LOST, OR DAMAGED EQUIPMENT

A. Personnel who are assigned lockers in police facilities will keep them locked when not in
use. With Department issued lockers, desks, vehicles or other issued equipment,
employees have no right to or are granted any expectation of privacy. Therefore, random
inspections of Department issued lockers and equipment will be conducted by
supervisory personnel or Chiefs designee to ensure compliance.

B. Any employee, who has Departmental equipment that is lost, stolen or damaged, will
immediately submit a memorandum to the Chief of Police, through the appropriate chain
of command.

1. If the equipment was stolen, the employee will submit an Offense Report.

2. The employee's supervisor will complete a Personnel Incident Form and will
obtain the employee's response. Each supervisor in the employee's chain of
command will make recommendation as to whether the employee should be
absolved of negligence or should make restitution.

3. An employee may be held accountable, for any issued City equipment that
is stolen, lost, or damaged through negligence or failure to comply with written
procedures.

C. After any required restitution is made, the item will be removed from the employee's
inventory.

D. For an employee's personal property to be eligible for reimbursement for loss or damage,
that property must be necessarily worn or carried in the course of employment. Should
an employee wish to use additional personal equipment as previously written and where
such option is permitted, the Department's liability for damage will be limited.

E. All requests for reimbursement of expenses for personal property loss or damage will be
considered on a case by case basis.

F. The Patrol Sergeant will maintain a depreciation schedule for City issued property which
is lost, stolen or damaged.

G. Hats and badges do not depreciate.

VIII. RESPONSIBILITY FOR INSPECTIONS
A. It is the policy of the department that all special use equipment will be inspected at
least quarterly to ensure that the equipment is ready for immediate deployment. It is
the responsibility of the Patrol Sergeant or his designee to inspect the following
equipment at a minimum every quarter:
1. All department vehicles including, but not necessarily limited to:
a. In- Car Video Systems;
b, Mobile Data Computers;
c. Radar Systems; and
d. Weapon retention systems.

2. Shotguns/Rifles
3. Tasers

4. Digital cameras
5. Portable radios
6. Flashlights
B. A report shall be completed and forwarded to the Chief of Police for review and
placed on file. The report shall indicate whether or not the equipment was damaged,
unaccounted for, and or any maintenance issues.
C. Most of the above items are visually inspected daily, this policy shall not supersede
any other policies regarding inspections, its sole purpose is to establish the
requirement of a quarterly report.

IX. DEVIATIONS

Any deviations from the standards prescribed in this policy must be approved by the Chief of
Police.

X. EFFECTIVE DATE

amendments shall remain in full force and effect for any violation(s) which occur prior to
the effective date of this General Order.

General Order.

Directive System, Chapter VIII, Training.



GENERAL ORDERS
SUBJECT: PROPERTY & EVIDENCE

NUMBER: 4400


BEST PRACTICE STANDARDS: 12.01.1,
12.03.1, 12.04.1, 12.05.1, 12.06.1, 12.07.1, 12.08.1
Order, if proven, can only form the basis of a complaint by this Department and only in a non-
INDEX WORDS:
Abandoned property Procedures
Chain of evidence Property release
Disposal Property room
Disposition Physical evidence
Field release Recovered property
Found property Required Forms
Impounding officer

I. PURPOSE

In the course of law enforcement business, it becomes necessary to handle property associated
with crime scenes and non-law enforcement personnel. In order to ensure the integrity of our
processes, this policy shall establish the guidelines for the handling, packaging and disposition of
such property.

II. POLICY

All property obtained by any means, by Department personnel, will be maintained and disposed
of, as directed by departmental procedure and applicable law. These procedures, related to the
storage and maintenance of property, have been developed to ensure that evidence in custody of
this Department can be properly secured, stored, readily retrieved and to affirm that any changes
in custody have been properly documented.

General Order 4400 Property & Evidence 4401

III. DEFINITIONS

A. Abandoned Property Property that is unwanted by the owner and has been left
discarded.

B. Chain of Evidence The continuity of the custody of physical evidence from time of
original collection to final disposal, which may be introduced into a judicial proceeding.

C. Contraband- Anything illegal in itself to possess.

D. Evidence Custodian A member of this department who is responsible for receiving,
storing, maintaining, releasing and accounting for all evidence/property in compliance
with established agency policy. In this Department, the designated Evidence Custodian
shall be the C.I.D. Sergeant.

1. The C.I.D. Sergeant may select one other sworn member of the Department as
an alternate or Property Unit Technician who can assist in custodial efforts.

E. Found Property Property that is deemed abandoned on public streets, rights-of-way, or
private property. This property is usually recovered by the law enforcement agency or
given/provided to the law enforcement agency by citizens.

F. Impounding Officer The member of this department who initially receives the property
or evidence and initiates the chain of custody. The member may be a patrol officer,
investigator, etc.

G. Large Item Storage Area A secure area used to store property and evidence that is too
large to be held in the property room.

H. Physical Evidence Refers to any tangible article, small or large, which tends to prove or
disprove a point in question. It may be used to reconstruct the crime, identify participants
or confirm or discredit an alibi.

I. Property Room The area of department facilities utilized to store property and evidence
in the care and custody of the Department.

J . Property Supervisor The C.I.D. Sergeant

K. Recovered Property Property found or turned into the police department that may be
related to an offense or reported incident.

L. Safekeeping Process in which property is obtained by officers that has no evidentiary
value and is being held for the convenience of an identified owner and can be released
back to that owner without an investigation or any other police action.


PROCEDURES

A. Property Receipt and Control

1. All in-custody and evidentiary property obtained by employees into agency
control shall be:

a. Logged into agency records as soon as possible, but in all cases,
before the officer ends that tour of duty;

b. Placed under the control of the Property Section before the impounding
officer ends his tour of duty. Employees shall not personally retain
property or evidence, except as part of an authorized chain of custody.

c. Identified through the proper form(s) as to the circumstances by which
the property came into agency possession;

d. Accurately described and quantified; and

e. Properly labeled and packaged for storage.

B. Before placing any item of property into agency control, the impounding officer shall
attempt to identify and notify the owner or custodian of the item for release in the field,
unless the item is needed or being held as evidence or the nature of the property prohibits
it release.

C. In all instances, the employee (patrol, detective, etc.) who seizes or takes initial custody
of the property is responsible for ensuring that each item is properly packaged,
marked and inventoried on the appropriate departmental forms and that the items are
delivered to the evidence lockers or large item storage area. Items that are not properly
packaged, marked, and inventoried, will not be accepted by evidence custodian.

D. The Evidence Custodian will maintain a Right of Refusal plan. Items that are impounded
into property will be reviewed by an Evidence Custodian to ensure proper packaging and
that the item is accounted for on the accompanying evidence tag. If the item cannot be
accounted for or the item is improperly packaged, the impounding officer will be notified
in writing to report to the Evidence Custodian to make the correction. If the impounding
officer does not respond within three (3) days, a copy of the notification will be
forwarded to the officer's immediate supervisor.

IV. REQUIRED FORMS

A. Eastland Police Department Evidence Transmittal Form.

1. The Evidence Transmittal Form shall be completed for all items confiscated or
retained by the Department. The completed form in its entirety is to be
submitted, along with the item(s) of evidence, in an evidence locker or
given directly to the Evidence Custodian for storage in the Property/Evidence
Room. The only exception is when the item is too large for storage in the
property room or because of its nature can not safely be stored in the police
building, which will be determined on a case- by-case basis.


V. PROPERTY RELEASE AUTHORIZATION

A. The release of property/evidence will be decided by the Evidence Custodian to make the
determination that an article is ready to be released from police department custody either
through disposal, release, auction, etc. A Property Release Authorization Form will be
completed and signed by the employee authorizing the release.

VI. THE PROPERTY ROOM

A. Security

1. Only the Evidence Custodian and members of this Department authorized by the
Chief of Police may enter the Property/Evidence Room. Persons designated by
the Chief of Police to assist in specific inspections or inventories must be
accompanied by the Evidence Custodian at all times while in the Property Room.

2. Maintenance and construction personnel may enter only with approval of
the Chief of Police or his designee. These persons must be accompanied by a
Property Unit Technician at all times while in the Property Room.

3. A Property Room Access Log will be kept by the Property Unit, which identifies
each person entering the Property Office and Property Room, the date and
time that they entered, reason for entering, and the date and time that they
left the secure area.

4. Areas have been designated for impounding officers to prepare
property/evidence for storage and to complete necessary paperwork.

5. Any employee who enters the Property Room without appropriate
authorization is subject to disciplinary action. Written notification of a
violation of this order shall be sent, through the Chain of Command, to the
employees immediate supervisor by the Evidence Custodian, with a copy
sent to the Chief of Police.

6. Evidence Custodians may escort citizens into the large item storage area for the
purpose of identifying items stored there (such as bicycles).

B. Inspections/Inventories

1. On a semi-annual basis the Property Supervisor shall make a documented
inspection of the property room, temporary storage areas, the large item storage
area, and Property/Evidence procedures to ensure appropriate compliance
with departmental policies and procedures. The supervisor will inspect the items
and records of a minimum fifty (50) items. The results of the inspection shall be
forwarded to the Chief of Police.


2. Unannounced inspections of all property/evidence storage facilities shall be
conducted by Internal Affairs personnel as directed by the Chief of Police.
A summary of the inspection, which outlines specific areas inspected, and
any problems encountered will be forwarded to the Chief of Police in the
form of a memorandum. The summary should provide suggestions for
correcting problem areas, when appropriate.

3. An inventory of property/evidence shall be conducted on an annual basis,
or anytime an Evidence Custodian is transferred or replaced. The
inventory shall be conducted jointly by the newly appointed personnel and
personnel assigned to the Internal Affairs process.

a. The inventory should be conducted by locating the intake paperwork for
all the Guns, Drugs, and Money, then locating additional items in the
property room. A sample of five (5%) percent or fifty (50) items,
whichever is less, of the additional items in the Property Room will be
inventoried.

b. The audit of the other items should be done in two parts. The first part is
done by randomly selecting the paperwork for half of the items and
locating them in the property room. The second part would consist of
randomly selecting the other half of items from the property room and
locating the items paperwork to test the record keeping system.

C. Storage of Evidence Requiring Added Security / Special Handling

1. Evidence requiring added security, to include money, firearms and narcotics shall
be stored in a separate area within the Property Room.

2. Items that are considered bio-hazard materials must be properly packaged
before being stored in the Property Room. These items must be marked with
bio-hazard labels (provided) and stored in a designated area.

VII. DISPOSITION OF PROPERTY/EVIDENCE

A. Methods of Disposal

1. Property Release

2. Destruction

3. Auction (Purchasing Form)

4. Donation to Charity

5. Assumption for Departmental Use

6. Assumption for Other City of Eastland Use


B. Documentation of Disposal

1. Regardless of the method of disposal, the Evidence Transmittal Form for each
item removed from inventory will be marked to indicate the date of disposal,
method of disposal, the individual taking custody of the item and the person
authorizing the disposal.

2. The release must be signed by the member of the department releasing custody
and the individual agency taking custody.

3. In the case of destruction of property, the release must be signed by the
member of the department authorizing the destruction and the department
member participating or assisting the destruction.

C. Control of Property Disposal

1. The timely and appropriate disposition of evidence is extremely important to the
efficient management of evidence, the integrity of evidence security and the
effectiveness of prosecutorial efforts. The Evidence Custodian will conduct on-
going quarterly reviews of property and evidence to determine if the items in
custody may be legally disposed of.

2. With supervisory approval, the Evidence Custodian shall conduct on-going
disposal (destruction, auction, etc.) of all items stored in the Property Room for a
period of time in accordance with applicable state laws, if the items are not being
held as evidence.

3. Ongoing immediate disposal of property is authorized, in accordance with
current state law for those items where common sense and good judgment
indicate no reasonable reason to retain the articles. (Ex: rocks, beer cans, tobacco
products, etc.) The disposal of such items shall be documented.

4. The evaluation for disposal will be conducted through computer records.
Investigators will be periodically contacted by property personnel to determine
the status of specific items of property being held.

5. Items identified for destruction will be pulled from the normal storage areas and
placed into an area designated for disposal.

6. Property Release Authorization Upon the determination by an impounding
officer or the assigned Investigator that an item of property/evidence no longer
needs to be held in police custody, that officer shall immediately notify an
Evidence Custodian that the item can be released or disposed of in the
appropriate manner. Notification to the Evidence Custodian shall be
accomplished through the Property Release Authorization form. The
officer/employee authorizing release shall notify the owner of the property (if
known) to make arrangements with the Evidence Custodian to pick up the
item(s).


VIII. FOUND PROPERTY

A. The impounding officer shall attempt to identify and notify the owner to take possession
of the property unless the property is contraband. An Eastland Police Department
Property Release Form must be signed by the owner (or person) taking possession of the
property if released on scene.

B. If the owner cannot be contacted for release of the property in the field, the property shall
be properly packaged and submitted as found property for storage.

C. The Evidence Custodian shall forward a Property Disposition Letter, (certified mail) to
the owners last known address (if known), indicating that the property is in police
custody and should be claimed within 90 days from the date of notice.

D. Property that has no rightful owner and has been held for 30 days shall be disposed of in
accordance with current state law and city ordinance.

IX. RECOVERED PROPERTY

A. Authority to confiscate property believed stolen is found in the Code of Criminal
Procedures, Article 18.16 (Preventing the Consequences of Theft).

Under this article, All persons have the right to prevent the consequences of theft by
seizing any personal property which has been stolen and bringing it, with the supposed
offender, if he can be taken, before a Magistrate for examination, or delivering the same
to a Peace Officer for that purpose. To justify such seizure, there must, however, be
reasonable grounds to suppose the property to be stolen, and the seizure must be openly
made and the proceedings had without delay.

B. Property recovered as stolen, or which meets the above criteria, will be evaluated to
determine whether it constitutes evidence and whether prosecution of a known offender is
possible. This determination will be made by the impounding officer or authorized
supervisor.

C. Stolen property that is not being held for evidentiary purposes will be released when:

1. The officer authorizing the release advises the owner to contact the Property Unit
to make an appointment to take custody of the item(s).

2. The Investigator authorizing release completes a Property Disposition and
Release Authorization form and forwards it to a Property Unit Technician.

D. In cases where the owner can not be determined and the property is not being used for
evidence, it shall be treated as abandoned and, after holding for 30 days, will be disposed
in accordance with current state law, city ordinance or pursuant to the Code of Criminal
Procedures.


X. EVIDENCE

A. All property seized and held as evidence will be retained in the custody of the police
department until the case is disposed of and all appeals exhausted.

B. Under absolutely no circumstances shall property or evidence be retained by officers in
their desks, vehicles or lockers.

C. The Evidence Custodian will routinely audit evidence in department custody, and will
identify property which may no longer need to be retained. The Evidence Custodian will
bring this property to the attention of the investigating officer or his supervisor. The
officer or the supervisor will decide if the evidence/property should be retained or may be
released from custody.

1. When it is deemed appropriate to release evidence, the rightful owner, known,
shall be notified by the officer authorizing release.

2. The authorizing officer/investigator shall complete a Property Disposition Form
and forward it to the Property Supervisor.

3. If the property is of value and no rightful owner can be determined, the item(s)
shall be treated as abandoned property.

D. Alcoholic Beverages

1. Alcoholic beverages which have evidentiary value must be placed into evidence.
Alcoholic beverages shall not be disposed of in situations where charges will be
filed, regardless of the level of offense. Limited storage space makes it
impossible to keep every can or bottle of alcohol seized. As a result, the
guidelines below will dictate how to take alcoholic beverages into evidence.

a. In cases relating to Minor in Possession, Public Intoxication, Sale of
Alcohol to Minors, officers shall:

1. Retain only one container for evidence until final case
disposition. Place one unopened can or bottle in a paper bag or
9x12 envelopes.

2. Submit the remainder of the 6-pack, 12-pack, etc. and the
Property Unit will dispose of it in compliance with TABC
regulations.

3. Submit one sample for each suspect, or type of alcohol and
submit, with the samples, a photograph of the entire amount
seized.

2. Alcoholic beverages related to DWI charges should be left in the suspects
vehicle (if the driver is over the age of 21) and listed on the case report unless the
DWI is related to a felony assault or homicide. In these situations, officers


should document the presence of the alcoholic beverage/empty containers and
may use individual/supervisory discretion regarding the seizure of such evidence.

3. In serious cases, evidence in need of further processing (fingerprints, DNA, etc.)
should be collected and placed into evidence.

4. Very large quantities of alcoholic beverages possessed or transported in violation
of the Texas Alcoholic Beverage Code may be seized.

5. Empty bottles or cans without evidentiary value other than as evidence of
alcohol-related offenses will not be accepted.

E. Hazardous Materials

1. Items that may have contaminants from deceased persons, bodily fluids, or
any other matter, if improperly handled may be damaging to ones health
or well being will be packaged separately. These packages should be
marked as bio-hazard.

2. Fireworks, explosives, or any type of incendiary devices will not be placed
into property/evidence. These items will be released to designated fire
personnel.

XI. CONTRABAND AND WEAPONS

A. Items Requiring Special Handling by Officers

1. Firearms/Ammunition- all firearms will be unloaded before impounding.

a. When a weapon is seized in the field, if the officer is
uncomfortable unloading the firearm, the officer will call upon a
supervisor prior to attempting to unload the weapon.

b. If a weapon is otherwise required to be unloaded at the station, the
officer will unload the weapon outside of the station using the
bullet trap.

2. To ensure all weapons are unloaded the following precautionary measures
will be utilized:

a. A safety lock or flex tie will be placed through the open cylinder or
ejection port of all firearms.
b. Magazines will be removed from all auto/semi-auto firearms.
c. Bolt or lever actions will be left open on all long guns.
d. All ammunition will be secured in a separate bag.

3. A stolen NCIC/TCIC computer search will be conducted for all seized
firearms. The results of the search, along with the serial number of the
firearm will be documented in the incident report.


4. All sharp objects will be placed in tubes or boxes provided in the property
workstation. These items should be impounded in a manner to avoid harm
to others.

B. Under no circumstances will contraband be released for public auction. They shall be
forfeited or destroyed pursuant to the Code of Criminal Procedure.

C. Weapons may be released to police department custody for law enforcement purposes,
but only upon specific authorization by the Chief of Police.

D. Items of Historical Value

1. Occasionally, evidence may be recovered that has significant historical value.
Such items may include rare weapons, and/or other evidence. The Chief of
Police shall make a final determination whether to destroy or hold these types of
items.

E. Voluntary Release of Weapons and Ammunition

1. The Department will, upon request of the owner, accept weapons and/or
ammunition for disposal.

2. Upon accepting custody of a weapon under these circumstances, the impounding
officer will complete a Citizen Release Form and the Evidence Transmittal Form.
The weapon must be checked for stolen. These weapons may be disposed of
without a court order.

F. State and Federal Laws prohibit the release of firearms/ammunition to individuals
who fall under the following categories:

1. Convicted of or under indictment for a felony

2. Illegal alien or a person that has renounced their U.S. Citizenship

3. Person adjudicated as mentally defective or has been committed to a
mental institution.

4. Person subject to a restraining order involving an inmate or domestic
party.

5. Person with a prior misdemeanor conviction for domestic violence.

6. Fugitive from justice.

7. Person discharged from the armed forces under dishonorable conditions.

8. Person is an unlawful user of or addicted to any controlled substance.

9. Person is less than 18 years of age.


10. Person is less than 21 years of age except for a shotgun or rifle (must be
18 for rifle or shotgun)

G. Suicide cases involving a weapon (firearm or other)

1. After a 24 hour holding period, the weapon may be released to a spouse. If there
is no spouse, it may be released to an adult family member. The spouse or family
member will be required to sign a Declaration of Ownership form, to be
notarized and may be required to show legal documentation of right to
ownership. Should the family want the weapon destroyed, they will be required
to sign a Declaration of Ownership form. This same form has an option for
forfeiture.

H. Suicidal/Mentally Distraught Persons

1. It is the policy of this department to hold weapons for 24 hours from date of
impoundment. Upon expiration of the 24 hours, the weapon may be released to a
designated person by having the person from whom the weapon was taken (if
owner) sign a Declaration of Ownership form. The Evidence Custodian may
decide a magistrate should make the decision of whether to release the weapon
back to the person from which it was taken by scheduling a property disposition
hearing.

XII. SAFEKEEPING PROPERTY

A. Property identified for safekeeping is property that is obtained by officers and has no
evidentiary value and is being held for the convenience of an identified owner, and can be
released back to that owner without any police action or investigation. Items taken for
safekeeping purposes are typically obtained from a vehicle or pedestrian related incident.

1. An example is a firearm that is removed from a vehicle when a single occupant
vehicle has had a medical emergency and is transported to the hospital. The
firearm is transported to Police Headquarters and held until the owner can
retrieve his property.

B. Items brought in for safe keeping will have an Evidence Transmittal Form completed and
noted that the item(s) are for safe keeping.

C. In the event that the property owner of items held for safe keeping is incapacitated and
cannot come in to retrieve the property, the owner must sign a Property Release Form and
identify the person to whom the Eastland Police can release the property.

D. In the event that the property owner of items being held is deceased, the next of kin will
be required to schedule a property hearing with the City of Eastland Municipal Court.
The Property Custodian should assist them by working with the Municipal Court to
expedite the process as quickly as possible.


XIII. FIELD RELEASE OF PROPERTY

A. The general policy of the Department is to release property/evidence at the scene of an
incident to the complainant/owner whenever practical. The intent is to avoid
unnecessary waste of personnel time and to ensure the expedient return of property to its
owner.

B. The below listed categories of property/evidence will be released in the field upon
reasonable identification of the owner/complainant unless the articles are needed for
further evidentiary processing. When an item related to an offense is released in the field
to the owner/complainant, the release must be fully documented in the offense/incident
report. Photographs of the item shall be taken and retained if an offense report has been
taken and photographs would be of evidentiary value to the case. The officer releasing
the property must also complete a Property Release Form for the owner to sign indicating
he received the item(s).

1. Property/evidence related to burglary and theft;

2. Property/evidence related to municipal court offenses (all City cases);

3. Property/evidence related to criminal mischief or reckless damage
offenses will be released to the complainant or simply left at the scene.

C. Found Property of very limited value such as old clothes, broken toys, etc. should be left
in the field for disposal by the officer or reporting party, unless the item is a safety
hazard. If the officer cannot remove the item, Communications should be notified to
request the appropriate city department to remove the item.

D. The following items may not be released in the field and will be taken into police
custody pending court order or released by the assigned investigator or field officer:

1. Illegal weapons;

2. Narcotic/Drugs;

3. Instruments used in a crime of violence;

4. Items requiring a forensic report;

5. Contraband (Anything illegal in itself to possess);

6. Forged or counterfeit instruments;

7. Stolen credit cards;

1. Items which would normally be released in the field, but cannot because the
owner/complainant cannot take possession.


E. Withdrawal and Return of Property

1. At times it is necessary for an employee to remove property from the property
room for later return. These circumstances include court, viewing by possible
owners, the District Attorneys Office, transfer to the lab, etc. It is imperative
that the chain of custody be maintained in these circumstances.

2. Any time an item of property or evidence is removed from the Property Room,
the evidence custodian taking custody of the item shall update the computer chain
of custody report. The chain of custody report shall be updated when the
property is returned to the Property Room as well.

3. In the event that the item is being released to another person, such as the lab, the
person taking custody from the transporting officer shall sign the appropriate
receipt for the article. The signed receipt must be returned to property personnel
to document transfer custody of the item.

4. Anytime that property and / or evidence is released to the custody of the District
Attorneys office or Court (Municipal, County, District or Federal) a Court
Transfer Evidence Receipt shall be completed and returned to the Eastland Police
Department Property and Evidence Unit.

5. Anytime police personnel release checked-out property back to the owner, it shall
be the officers responsibility to return to the Evidence Custodian and update the
Property and Evidence sheet. If the Evidence Custodian is unavailable, a
Evidence Transmittal Form should be completed.

XIV. USE OF NARCOTICS FOR TRAINING OR UNDERCOVER PURPOSES

A. From time to time there is an established need for officers to remove narcotics from the
Property Unit custody to use for training purposes or to conduct undercover operations.
In these situations, the following guidelines will apply:

1. The Property Unit Technicians will only release narcotics that are no longer
needed for evidentiary purposes.

2. Officers will only request the minimal amount of drugs needed to accomplish the
training exercise or undercover operation.

3. Narcotics used for training purposes will only be released with prior written
approval from the Captain. The officer must be licensed by DEA and DPS to
legally possess and store Schedule I or Schedule II controlled substances as
defined by Chapter 481 of the Texas Controlled Substances Act. K-9 Officers
checking out narcotics shall follow procedures outlined in GO 2800.

4. Narcotics used for undercover operations will only be released with prior written
approval from the Captain.

5. The officer accepting custody of the narcotic substance will sign the chain of
custody log on the Property/Evidence Form.


6. The narcotics will be weighed and/or counted at the time they are released to the
officer and at the time they are returned to the custody of the Evidence
Custodian. The substance will also be field tested at the time of release and
return, if possible. Weight and testing will be done with both the officer and the
Evidence Custodian present.

7. If there is any significant change in weight and/or number, the officer must
submit a detailed memo explaining circumstances resulting in the loss of the
narcotics. The memo will be immediately forwarded to the Office of the Chief of
Police through the chain of command.

XV. CURRENCY HANDLING PROCEDURE

A. Officers who are entering currency into evidence shall adhere to procedures as follows:

1. All currency shall be counted and placed into a money envelope.

2. Any amounts over $100.00 shall be counted and verified by two persons. Both
persons shall sign the money envelope verifying the amount.

3. Money will be placed into an evidence locker.

4. Officers should make note if the currency is considered a collectable item,
souvenir or a keepsake item. This will insure that the currency will not be
deposited into a bank account.

B. Property Unit Technicians will process the currency similar to other items. The currency
will be stored in a safe in the interior vault.

C. Currency that is not claimed by the owner or placed on hold by the Criminal
Investigation Division (C.I.D.) within five (5) business days will be deposited into an
interest bearing pending fund as permitted by the Texas Code of Criminal Procedures
Section 18.183. This would exclude currency that is identified as needed for criminal
evidence.

D. Deposit Procedure:

1. Currency in the amount of $100.00 or more will be counted in the presence of a
supervisor.

2. The sealed money bag will only be opened with two persons present.

3. Both persons will verify the amount of currency in the bag and balance to the
penny.

4. A deposit slip will be completed and the Pending account number placed on the
slip.

5. The currency will be deposited at the Eastland Police Department by a police
clerk.


6. The deposit receipt will be attached to the chain of custody report maintained by
the Property and Evidence Unit.

7. A copy of the deposit receipt will be forwarded to the Records Unit.

E. Currency recovered pursuant to a robbery will be placed into evidence as any other
property. The Criminal Investigation Division will sign out the currency (following chain
of custody procedures). CID will scan the currency and note the serial numbers. The
currency will be returned to the Property Unit. The Evidence Custodian will release it
back to the bank, business or individual.

F. When the case has been disposed of, the criminal investigator assigned the case will set a
property hearing with the Municipal, County or District court.

1. When the currency is awarded to the Eastland Police Department, the Evidence
Custodian will notify the Property Supervisor so that the funds can be
transferred from the pending account into the abandoned property account.
Copies of the court order and check request shall be forwarded to property and
evidence.

2. If the currency is awarded to another person, the criminal investigator assigned
the case will complete a check request and submit it to the Finance Department.
The request shall state that the funds be taken from the seized cash-pending
disposition fund. The request shall include the name and address of the person
who is to receive the funds.

G. The criminal investigator will send the disposition of case to the Property Unit. The
disposition will be added to the Chain of Custody report and the case will be considered
closed.

XVI. CURRENCY RELATED TO NARCOTICS INVESTIGATIONS

A. Currency that is related to narcotic seizures or arrest will be processed, placed in the safe,
and will be handled according to Section XVI of this general order.

B. Within five (5) business days, currency of this type can be released to the Criminal
Investigations Division to process and begin forfeiture proceedings. The currency will be
released to the investigator from the Criminal Investigations Division after signing the
Chain of Custody report.

C. Cash related to narcotics will be deposited in a seizure account, pending forfeiture.

D. The cash and deposit slip will be taken to the Utility Billing Department located at City
Hall.

E. A copy of the deposit slip will be returned to Property / Evidence and attached to the
Chain of Evidence report.


F. Upon receiving a disposition of the case, the narcotics investigator will send a copy of the
judgment to the Evidence Custodian so that it can be attached to the Chain of Custody
report, the case will then be considered closed.

G. If the judgment states that the cash should be returned to the defendant, a check request
will be completed and the funds taken from the seizure account.

XVII. EFFECTIVE DATE


General Order.



SUBJECT: RACIAL PROFILING NUMBER: 5300
AMENDS/SUPERCEDES: All Previous
safety or care in an evidentiary sense, with respect to third party claims. Violations of this
General Order, if proven, can only form the basis of a complaint by this Department and only in
a non-judicial, administrative setting.
INDEX WORDS:
Audio and Video Recording Racial Profiling
Collection of Information Reporting
Complaint Review
Ethnicity Training
Race

I. PURPOSE

The purpose of this General Order is to reaffirm the Eastland Police Departments
commitment to unbiased policing in all its encounters with any person, to reinforce
procedures that serve to ensure public confidence and mutual trust through the provision of
services in a fair and equitable fashion and to protect departmental personnel from
unwarranted accusations of misconduct, when they act within the principles of departmental
policy and the law.

II. POLICY

It is the policy of this department to police in a proactive manner and to aggressively
investigate suspected violations of the law. Officers shall actively enforce local, state and
federal laws in a responsible and professional manner, without regard to race, ethnicity or
national origin. Officers are strictly prohibited from engaging in racial profiling, as defined in
this policy. Racial profiling is an unacceptable police tactic and will not be condoned.

General Order 5300 Racial Profiling 5301

This General Order is adopted in compliance with the requirements set out in Articles 2.131
through 2.136 of the Texas Code of Criminal Procedure, which prohibits Texas Peace
Officers from engaging in racial profiling.

III. DEFINITIONS

A. Racial Profiling - a law enforcement-initiated action based on an individuals race,
ethnicity, or national origin rather than on the individuals behavior or on information
identifying the individual as having engaged in criminal activity. Racial profiling
pertains to persons who are viewed as suspects or potential suspects of criminal
behavior. The term is not relevant as it pertains to witnesses, complainants, persons
needing assistance, or other citizen contacts.

B. Race or Ethnicity - persons of a particular descent, including Caucasian, African,
Hispanic, Asian, or Native American descent.

C. Acts Constituting Racial Profiling - acts initiating law enforcement action, such as a
traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon
an individuals race, ethnicity, or national origin or on the basis of racial or ethnic
stereotypes, rather than upon the individuals behavior, information identifying the
individual as having possibly engaged in criminal activity, or other lawful reasons for
the law enforcement action.

D. Motor Vehicle Contact means an occasion in which a peace officer stops a motor
vehicle for an alleged violation of law or ordinance.

IV. PROHIBITION

A. Officers of the Eastland Police Department are strictly prohibited from engaging in
racial profiling. The prohibition against racial profiling does not preclude the use of
race, ethnicity or national origin as factors in a detention decision by an officer.
Race, ethnicity or national origin may be legitimate factors in such a decision
when used as part of a description of a suspect or witness for whom an officer is
searching.

V. COMPLAINT PROCESS

A. No person shall be discouraged, intimidated or coerced from filing a complaint or be
discriminated against because they have filed a complaint.

B. Any person who believes that a peace officer employed by the Eastland Police
Department has engaged in racial profiling, with respect to that person, may file a

complaint in accordance with the provisions of General Order 300,
Discipline/Complaints Against Police Personnel.


1. Any employee who is contacted regarding a complaint against an officer shall
follow the procedures set forth in General Order 300, Section X. Investigation
of Externally Originated Complaints.

2. Citizens who appear in person wishing to file a complaint shall be provided
with a departmental brochure, How to File a Complaint. Brochures are
maintained in the Police Department lobby and at Eastland City Hall.

C. Any supervisor who becomes aware of an alleged or suspected violation of this
General Order shall report the alleged violation, in accordance with General Order
300 - Discipline, Section XI: Investigation of Internally Originated Complaints.

D. Complaints of racial profiling shall be classified as a Level I complaint, and shall be
investigated by personnel assigned to the Internal Affairs process, unless otherwise
directed by the Chief of Police. A log of all Racial Profiling Complaints will be
maintained in the Office of the Chief of Police.

VI. DISCIPLINARY AND CORRECTIVE ACTIONS

A. Any officer of this Department who is found, after investigation, to have engaged in
racial profiling and in violation of this General Order may be subject to disciplinary
action, up to and including termination. Disciplinary or corrective actions may
include diversity, sensitivity or other appropriate training or counseling, as well as
more punitive measures to be determined by the Chief of Police.

VII. PUBLIC EDUCATION

A. This Department shall provide education to the public concerning the racial profiling
complaint process. The primary method of public education shall be through a
brochure, How to File a Complaint" which are maintained in the lobby of the Police
Department and at the Eastland City Hall. These brochures are available in both
English and Spanish versions. Other education methods may be utilized to inform the
public, including news media, civic presentations the Internet, and/or public meetings.


VIII. COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION
ISSUED OR ARREST MADE

A. For each motor vehicle contact in which a citation is issued and for each arrest
resulting from a motor vehicle contact, an officer involved in the stop shall collect the
following information:

1. Information identifying the race or ethnicity of the person detained. The
following codes will be used to identify the individuals race:

B =Black
A =Asian
I =Native American / American Indian
H =Hispanic
W=White
M=Middle Eastern
O =Other

Note: Officers may not ask the individual to identify their race. If the
officer is unable to determine the race or ethnicity of the person contacted,
then the race shall be entered as Other on the citation(s) issued.

2. Whether the officer knew the race or ethnicity of the individual detained
before detaining that individual;

3. Whether a search was conducted

4. Whether a search was conducted and if so, whether the individual detained
consented to the search

5. Whether a search was conducted because probable cause existed;

6. Whether contraband was found;

7. If the person contacted is a resident of the City of Eastland. This shall be
reflected on each citation issued by marking the appropriate area(s) on the
citation.

B. The information collected shall be entered in to the Records Management System by
completing the Racial Profiling data utilizing the in-car Mobile Data Computer
(MDC) or the computers available in the Department. All contacts requiring Racial
Profiling data collection must be entered.


1. In the event the data is unable to be collected electronically, a citation shall be
completed and forwarded to the Records Division to be entered into the
records management computer system when possible.

C. The Patrol Sergeant shall ensure all Racial Profiling Data is collected and reported to
the Chief of Police. The data collected shall be compiled in an annual report covering
the period J anuary 1 through December 31 of each year, and shall be submitted to the
governing body of the City of Eastland no later than March 1 of the following year.
The report will include:

1. A breakdown of citations by race or ethnicity;
2. Number of citations that resulted in a search;
3. Number of searches that were consensual;
4. Number of citations that resulted in custodial arrest; and
5. Public education efforts concerning the racial profiling complaint process.

D. The annual report shall not include identifying information about any individual
stopped or arrested, and shall not include identifying information about any peace
officer involved in a stop or arrest.

E. Racial Profiling Data will also be reported to the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) by March 1 of each year,
following the Commissions prescribed format.

IX. AUDIO AND VIDEO EQUIPMENT

A. Each motor vehicle regularly used by this department to make motor vehicle contacts
shall be equipped with a mobile video camera system capable of recording audio and
video of that contact.

B. Each motor vehicle contact made by an officer of this department, capable of being
recorded by video and audio, shall be recorded.

C. Supervisors and officers shall ensure that mobile video camera equipment is properly
functioning prior to commencing their tour of duty. Police units with malfunctioning
or inoperable mobile video camera equipment shall not be utilized under normal
circumstances.


D. Supervisors shall have the authority to assign units with malfunctioning or inoperable
mobile video equipment when situations dictate. Officers assigned to such units shall
collect and document the information listed below for each motor vehicle contact. All
documentation must be submitted to the officers supervisor, prior to ending that tour
of duty. Documentation shall include, but is not limited to Field Interview Forms,
Traffic Citations and Warning Tickets.

1. A physical description of any person operating the motor vehicle who is
detained as a result of the stop, including:

a. the persons gender; and
b. the persons race or ethnicity, as stated by the person or if the person
does not state, the persons race or ethnicity as determined by the
officer, to the best of his or her ability. Officers will not ask the
individual to identify their race or ethnicity;

2. Whether the officer knew the race or ethnicity of the individual detained
before detaining that individual;

3. The initial reason for the stop;

4. Whether the officer conducted a search as a result of the stop and, if so,
whether or not the person detained consented to the search;

5. Whether any contraband or other evidence was discovered in the course of the
search and a description of the contraband or evidence;

6. The reason for the search, including whether:
a. Any contraband or other evidence was in plain view;

b. Any probable cause or reasonable suspicion existed to perform the
search; or

c. The search was performed as a result of the towing of the motor
vehicle or the arrest of any person in the motor vehicle

7. Whether the officer made an arrest as a result of the stop or the search,
including a statement of whether the arrest was based on a violation of Penal
Code, a violation of traffic law or ordinance or an outstanding warrant and a
statement of the offense charged.

8. The street address or approximate location of the stop;


9. Whether the officer issued a citation or a written warning as a result of the
stop; and

10. Whether the person contacted is a resident or non-resident of the City of
Eastland. This shall be reflected on each citation issued, using an (R) for
residents or an (NR) for non-resident.

XI. REVIEW OF VIDEO AND AUDIO DOCUMENTATION

A. Each audio and video recording shall be retained for a minimum period of ninety (90)
days, unless a complaint is filed alleging that an officer has engaged in racial
profiling with respect to a motor vehicle contact. The Sergeant Patrol Services
Division shall ensure that all audio and recordings are properly stored and retained in
accordance with applicable laws and this General Order.

B. If a complaint is received alleging that an officer has engaged in racial profiling, the
audio / video recording shall be forwarded to the Chief of Police. Personnel assigned
to the Internal Affairs process shall retain the video until final disposition of the
complaint has been made.

C. The Patrol Sergeant or his designee shall review a randomly selected sampling of
video and audio recordings, made recently by officers employed by the Department,
in order to determine if patterns of racial profiling exist. These reviews shall be
conducted monthly and documented in the memorandum form.

1. Written documentation shall include:

a. the names of the officers whose contacts were reviewed;

b. the date(s) of the videos reviewed;

c. the date the actual review was conducted; and

d. the name of the person conducting the review.

2. The Patrol Sergeant shall forward the required documentation to the Chief of
Police

3. The Patrol Sergeant or his designee, shall maintain a file of all video review
documentation performed, in compliance with this General Order.


D. In reviewing audio and video recordings, the Patrol Sergeant or his designee, shall
seek to determine if the officer(s) reviewed have engaged in a pattern of racial
profiling, that includes multiple acts constituting racial profiling for which there is no
reasonable, credible explanation based on established police and law enforcement
procedures.

XII. TRAINING

A. Each peace officer employed by the department shall complete the comprehensive
education and training program on racial profiling established by the Texas
Commission on Law Enforcement Officer Standards and Education (TCLEOSE) not
later than the second anniversary of the date the officer was licensed, or the date the
officer applies for an intermediate proficiency certificate, whichever date is earlier. A
person who on September 1, 2001, held a TCLEOSE intermediate proficiency
certificate or who had held a peace officer license issued by TCLEOSE for at least
two years, shall complete a TCLEOSE training and education program on racial
profiling not later than September 1, 2003.

1. The Chief of Police shall, in completing the training required by Section 96.641,
Texas Education Code, complete the program on racial profiling established by
the Bill Blackwood Law Enforcement Management Institute of Texas (LEMIT),
not later than September 1, 2003.

XIII. EFFECTIVE DATE

A. Any previous directive, rule, order or regulation that pertains to this subject
matter and its amendments shall remain in full force and effect for any
violation(s) which occur prior to the effective date of this General Order.

B. If any section, sentence, clause or phrase of this General Order is, for any
reason, held to be invalid, such decision shall not affect the validity of the
remaining portions of this General Order.

C. All training on this General Order will be in accordance with General Order
100, Written Directive System, Chapter VIII, Training.


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