Flagstaff Police Department

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Policy 1020
Policy 1020
Policy
1020
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Personnel Complaints
1020.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Flagstaff Police Department. This policy shall not
apply to any questioning, counseling, instruction, informal verbal admonishment or other routine
or unplanned contact of a member in the normal course of duty, by a supervisor or any other
member, nor shall this policy apply to a criminal investigation.
1020.2 POLICY
The Flagstaff Police Department takes seriously all complaints regarding the service provided by
the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law, municipal and county rules.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1020.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or of federal, state or local law, policy or
rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1020.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Shift Sergeant is satisfied that appropriate action has been taken
by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Professional Standards Unit, depending on the seriousness and complexity of the
investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Unit, such matters may be further investigated
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1020.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by email,
in person or by telephone.
(b) Any department member becoming aware of alleged misconduct shall immediately notify
a supervisor.
(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any
source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third-party complaints should be accepted and investigated to the extent
that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
1020.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1020.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of
the police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1020.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
1020.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief
of Police or the authorized designee.
1020.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
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1020.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
1. The original complaint form will be directed to the Shift Sergeant of the accused
member, via the chain of command, who will take appropriate action and/or
determine who will have responsibility for the investigation.
2. In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Division
Commander or the Chief of Police, who will initiate appropriate action.
(b) Responding to all complaints in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
1. Follow-up contact with the complainant should be made within 24 hours of
the Department receiving the complaint.
2. If the matter is resolved and no further action is required, the supervisor will note the
resolution on a complaint form and forward the form to the Shift Sergeant.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature,
the Shift Sergeant and Chief of Police are notified via the chain of command as soon as
practicable.
(e) Promptly contacting the Department of Human Resources and the Shift Sergeant for
direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic
or other forms of prohibited harassment or discrimination.
(f) Forwarding unresolved personnel complaints to the Shift Sergeant, who will determine
whether to contact the complainant or assign the complaint for investigation.
(g) Informing the complainant of the investigator’s name and the complaint number within three
days after assignment.
(h) Investigating a complaint as follows:
1. Making reasonable efforts to obtain names, addresses and telephone numbers of
witnesses.
2. When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
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(i) Ensuring that the procedural rights of the accused member are followed.
(j) Ensuring interviews of the complainant are generally conducted during reasonable hours.
1020.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the Professional Standards Unit, the following
applies to members covered by the Officers’ Bill of Rights.
(a) Interviews that could reasonably result in dismissal, demotion or suspension shall be
conducted pursuant to ARS § 38-1104.
(b) Interviews of an accused member shall be conducted during reasonable hours and
preferably when the member is on-duty. If the member is off-duty, he/she shall be
compensated.
(c) Unless waived by the member, interviews of an accused member shall be at the Flagstaff
Police Department or other reasonable and appropriate place.
(d) No more than two interviewers should ask questions of an accused member.
(e) Prior to any interview, a member shall be provided with written notice of the alleged facts
that are the basis of the investigation, and with the specific nature of the investigation,
the member’s status in the investigation, all known allegations of misconduct that are the
reason for the interview, and the member’s right to have a representative present at the
interview. The notice shall include copies of all complaints that contain the alleged facts that
are reasonably available, except complaints that are filed with the Department that include
allegations of unlawful discrimination, harassment or retaliation, or complaints that involve
matters under the jurisdiction of the Equal Employment Opportunity Commission (ARS §
38-1104).
(f) All interviews should be for a reasonable period and the member's personal needs should
be accommodated.
(g) No member should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers. Any member refusing
to answer questions directly related to the investigation may be ordered to answer questions
administratively and may be subject to discipline for failing to do so.
(h) The interviewer should record all interviews of members and witnesses. The member may
also record the interview. If the member has been previously interviewed, a copy of that
recorded interview should be provided to the member prior to any subsequent interview.
(i) In order to maintain the integrity of each individual’s statement, involved members shall
not consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
(j) Any member may request to have a representative present during an interview at no cost
to this department (ARS § 38-1104):
1. The member shall select a representative who is available on reasonable notice so
that the interview is not unreasonably delayed.
2. The representative shall participate in the interview only as an observer.
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3. Unless agreed to by the Chief of Police or the authorized designee, the
representative shall be from this department and shall not be an attorney.
4. The member shall be permitted reasonable breaks of limited duration during any
interview for telephonic or in-person consultation with others who are immediately
available, including an attorney.
5. A member shall not be disciplined, retaliated against or threatened with retaliation
for requesting that a representative be present or for acting as the representative
for another officer.
(k) All members shall provide complete and truthful responses to questions posed during
interviews.
(l) The member may be required to submit to a polygraph examination if the member makes
a statement during the investigation that differs from other information relating to the
investigation in order to reconcile the difference. If the examination is administered, an audio
recording of the complete polygraph procedure shall be provided to the member. The result
of the examination shall not be the basis for disciplinary action unless corroborating evidence
or information exists (ARS § 38-1104; ARS § 38-1108) At the conclusion of the interview,
the member may consult with his/her representative and may make a statement that is not
to exceed five minutes, addressing specific facts or policies that relate to the interview (ARS
§ 38-1104).
1020.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the
initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence relevant to each allegation. A separate recommended finding should
be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each
allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.
Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1020.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
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Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred
and that it constituted misconduct.
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
1020.6.5 COMPLETION OF INVESTIGATIONS
ery investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within three
months of the date a person authorized by this department to initiate an investigation receives
notice of an allegation. This will allow time for review by the Chief of Police and allow the Chief
of Police to provide the law enforcement officer with a notice of discipline or findings within 180
days, as provided in ARS § 38-1110.
The investigation period may be extended by the employee in a written waiver or may be
suspended during a criminal prosecution if the law enforcement officer is incapacitated or
unavailable, or under other special circumstances (ARS § 38-1110).
Should additional time be required, a written request should be made to the Chief of Police
requesting an extension. A request for extension should include the reason for the request and
the completion date requested. Such a request must be approved by the Chief of Police or the
authorized designee in writing and a copy provided to the accused law enforcement officer (ARS
§ 38-1110).
Upon completion of an investigation the reporting party will be recontacted and advised of the
findings of the investigation. The discipline imposed will not be disclosed.
1020.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
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1020.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a) May be required to relinquish any department badge, identification, assigned weapons and
any other department equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business-hours shift,
during the investigation. The employee may be required to remain available for contact at
all times during such shift, and will report as ordered.
1020.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be provided with all rights afforded to a civilian.
The member should not be administratively ordered to provide any information in the criminal
investigation.
No information or evidence administratively coerced from a member may be provided to anyone
involved in conducting the criminal investigation or to any prosecutor.
The Flagstaff Police Department may release information concerning the arrest or detention of
any member, including an officer, that has not led to a conviction. No disciplinary action should
be taken until an independent administrative investigation is conducted.
1020.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review and may include
their comments in writing before forwarding the report. The Chief of Police may accept or modify
any classification or recommendation for disciplinary action.
1020.10.1 DIVISION COMMANDER RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Division Commander of the involved
member shall review the entire investigative file, the member's personnel file and any other
relevant materials.
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The Division Commander may make recommendations regarding the disposition of any
allegations and the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Division Commander may return
the entire investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Division Commander
shall include all relevant materials supporting the recommendation. Actual copies of a member's
existing personnel file need not be provided and may be incorporated by reference.
1020.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Division Commander for further investigation
or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff,
the Chief of Police shall determine the amount of discipline, if any that should be imposed. In
the event disciplinary action is proposed, the Chief of Police shall, within 180 days, provide the
member with a written notice and the following (ARS § 38-1110):
(a) Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
1. If requested by the law enforcement officer, a basic summary or file copies of similar
disciplinary cases within the last two years shall be provided, unless prohibited by
court rule (ARS § 38-1104).
2. No final action should be taken or hearing scheduled until the basic summary or file
copies have been provided to the law enforcement officer
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving
the notice.
1. Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2. If the member elects to respond orally, the presentation shall be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
1020.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
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the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony or
witnesses.
(c) The employee may suggest that further investigation could be conducted or the employee
may offer any additional information or mitigating factors for the Chief of Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be conducted,
the employee shall be provided with the results prior to the imposition of any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in writing to
the Chief of Police on the limited issues of information raised in any subsequent materials.
1020.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1020.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right
to appeal using the procedures established by any personnel rules.
In the event of punitive action against a member covered by the Officers’ Bill of Rights, the appeal
process shall be in compliance with ARS § 38-1106.
1020.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees and members other than non-probationary employees may
be disciplined and/or released from employment without adherence to any of the procedures set
out in this policy, and without notice or cause at any time. These individuals are not entitled to
any rights under this policy. However, any of these individuals released for misconduct should be
afforded an opportunity solely to clear their names through a liberty interest hearing, which shall
be limited to a single appearance before the Chief of Police or the authorized designee.
Any probationary period may be extended at the discretion of the Chief of Police in cases where the
individual has been absent for more than a week or when additional time to review the individual
is considered to be appropriate (see the Temporary Modified-Duty Assignments Policy).
1020.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Files Policy.
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1020.16 NOTIFICATION TO THE ARIZONA PEACE OFFICER STANDARDS AND
TRAINING BOARD
1020.16.1 DISCIPLINE REPORTING
The Department may report to the Arizona Peace Officer Standards and Training Board (AZPOST)
any disciplinary action involving a certified officer that results in the suspension or revocation of
his/her certified status (ARS § 41-1828.01(A)). Conduct that results in discipline may be reported
for (AAC § R13-4-109):
(a) Failure to meet the minimum qualifications for certification.
(b) Providing false information related to certification as a peace officer.
(c) A medical, physical or mental disability that substantially limits the person's ability to
effectively perform the duties of a peace officer.
(d) Violation of a restriction or requirement for certified status.
(e) The illegal use of a controlled substance.
(f) Unauthorized use of, or being under the influence of, alcohol on-duty.
(g) The commission of any offense that would be a felony if committed in Arizona or any offense
involving dishonesty, unlawful sexual conduct or physical violence.
(h) Refusal, failure or delay in performing the duties of a peace officer.
(i) A conduct or pattern of conduct that tends to disrupt, diminish or otherwise jeopardize public
trust.
1020.16.2 TERMINATION REPORTING
The Department shall inform AZPOST of the termination, resignation or separation of any
certified officer for misconduct pursuant to AAC § R13-4-108 and ARS § 41-1828.01(A). A report
shall be submitted within 15 days of a termination and include:
(a) The effective date and nature of the termination.
(b) A detailed description of any termination for cause.
(c) A detailed description of the cause for the suspension or revocation of certified status,
including supporting documentation for the decision.
Policy 300
Policy 300
Policy
300
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Response to Resistance
300.1 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force in response to the resistance of
an individual. While there is no way to specify the exact amount or type of reasonable force to be
applied in any situation, every member of this department is expected to use these guidelines to
make such decisions in a professional, impartial and reasonable manner.
300.1.1 DEFINITIONS
Definitions related to this policy include:
300.1.1 (A)LEVELS OF RESISTANCE
A subject may be resisting arrest or may be unresponsive for many reasons. The subject may not
be capable of understanding the gravity of the situation. Officers must consider several factors
when dealing with a non-compliant subject. Non-compliance may be due to a medical condition,
mental, physical, or hearing impairment, language barrier, drug interaction, or emotional crisis.
These situations may require a change in more effective tactics to maintain officer safety or to
protect the public.
1. COMPLIANT: A person contacted by an officer who acknowledges direction or lawful orders
given and offers no resistance or aggression.
2. PASSIVE RESISTANCE: The subject is not complying with an officer’s commands, is
uncooperative, but is taking only minimal physical action (action not directed at officer) to prevent
an officer from placing the subject in custody and taking control. For example: standing stationary
and not moving upon lawful direction, falling limply and refusing to use their own power to move
(becoming "dead weight"), holding onto a fixed object, or locking arms to another during a protest
or demonstration, etc.
3. DEFENSIVE RESISTANCE: The subject’s verbal or physical actions are intended to prevent
an officer from placing the subject in custody and taking control, but are not directed at harming
the officer. For example: walking or running away, breaking the officer’s grip, hidden hands,etc.
4. ACTIVE AGGRESSION: The subject displays the intent to harm the officer, themselves, or
another person and prevent an officer from placing the subject in custody and taking control. For
example: a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or
other actions which present an imminent threat of physical harm to the officer or another, etc.
5. AGGRAVATED ACTIVE AGGRESSION: The subject’s actions are likely to result in the death
or serious bodily harm to the officer, themselves, or another
300.1.1(B) LEVELS OF FORCE
Assess each incident to determine, based on policy, training, and experience, which use of force
option is believed to be appropriate to bring the situation under control safely. Only use the amount
of force that is objectively reasonable to overcome resistance.
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1. LOW LEVEL FORCE
a. Officer Presence: The officer is clearly identified as an officer and his/her authority is established
by presence in uniform or by clearly displaying a badge or identification
b. Verbal Direction: Minimum means of halting an offense, gaining compliance or overcoming
resistance. Announcing identity as a peace officer, presence, and intentions may result in
peaceful resolution. Courteously and clearly relay the police objective. Use verbal commands
when possible, including warnings, before resorting to physical force. Consider any language
barriers, noise, other distractions, or disabilities which may impair or frustrate effective and clear
communication with the person.
c. Empty Hand Control: Control methods ranging from gently guiding a subject’s movement to
more dynamic techniques such as strikes. They are divided into two categories:
i) "Soft" control techniques - Standard handcuffing, wrist locks, and touch pressure points
ii) "Hard" control techniques –Using the hands, knees, or feet directed at pressure points, or using
takedown techniques
2. INTERMEDIATE FORCE: Use authorized less lethal devices when 1) Deadly force is not
justified and 2) Empty hand control techniques are either not sufficient or not tactically the best
option. Types of intermediate weapons:
a. Oleoresin Capsicum (OC) Spray –A means of defense when the officer is facing defensive
resistance or greater.
b. Impact Weapons – A straight, expandable baton, or impromptu device used as a means of
protecting the officer or others from injury. Impact weapons may be used to control subjects when
facing active aggression or aggravated active aggression (deadly force).
c. Taser – The Taser is a less lethal conducted electrical weapon that deploys an electro-muscular
disruption charge affecting the sensory and motor functions of the central nervous system.
d. Less Lethal Munitions/CN and CS Gas –Department approved less lethal shotgun munitions
and other specialized less lethal ordnance (such as Sage munitions, pepper balls. flex batons)
and the use of CN (chloroacetophenone) and CS (Orthochlorobenalmalononitrile) gas
e. Hard empty hand techniques - Techniques that may cause injury. These techniques are divided
into primary and secondary strikes.
i) Primary strikes - Impact push and palm-heel/linear fist strikes
ii) Secondary strikes - Hammer fist strikes, elbow strikes, knee strikes, and leg kicks
iii) Head and Neck Strikes – Prohibited absent active aggression/ aggravated active aggression
f. Carotid Restraint Control Hold – Bilateral vascular restraint where pressure is applied to the
sides of the neck without compressing or restricting the airway, resulting in diminished oxygenated
blood flow to the brain
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3. DEADLY FORCE: Force used to stop a threat capable of causing death or serious physical
injury. Officers may employ all the techniques outlined in this General Order, and others that may
be available, including deadly force, in order to protect themselves or others from the use of deadly
force.
300.1.1(C) Reasonableness
1. Objective Reasonableness: The standard as set forth by Graham v Connor (109 S.Ct. 1872)
wherein the test for reasonableness when using force against an individual is based on the
evaluation of what an objectively reasonable officer might have done in the same circumstances
in light of the facts confronting the officer at the time of the incident.
2. Objectively Reasonable Force: The nature and degree of force utilized by an officer given the
totality of the facts and circumstances known at the time, to gain control of a subject once the
officer has evaluated 1) the severity of the crime, 2) the immediate threat the suspect poses to
the officer and/or to the public and 3) whether the suspect is actively resisting arrest or attempting
to evade arrest.
300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may respond to resistance with the use of reasonable
force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
The Department recognizes and respects the value of all human life and dignity without prejudice
to anyone. Vesting officers with the authority to use reasonable force and to protect the public
welfare requires monitoring, evaluation and a careful balancing of all interests.
300.2.1 DUTY TO INTERCEDE
Any officer present and observing another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall, when in a position to do so, intercede
to prevent the use of unreasonable force. An officer who observes another employee use force
that exceeds the degree of force permitted by law should promptly report these observations to
a supervisor.
300.3 USE OF FORCE IN RESPONSE TO RESISTANCE
(A) Officers shall use objectively reasonable force in response to resistance given the facts and
circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose. Given that no policy can realistically predict every possible situation an
officer might encounter, officers are entrusted to use well-reasoned discretion in determining the
appropriate use of force in each incident. While the ultimate objective of every law enforcement
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encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be
exposed to possible physical injury before applying reasonable force.
(B) The reasonableness of force will be judged from the perspective of a reasonable officer on
the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain and rapidly evolving.
(C) It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons or methods provided by the
Department. Officers may find it more effective or reasonable to improvise their response to rapidly
unfolding conditions that they are confronting. In such circumstances, the use of any improvised
device or method must nonetheless be reasonable and utilized only to the degree that reasonably
appears necessary to accomplish a legitimate law enforcement purpose.
(D) Justification for the use of Less than Lethal Force
Less than lethal force can be used by an officer in the performance of his duties, when it is
objectively reasonable given the circumstances.:
1. When necessary to preserve the peace, prevent the commission of offenses, or prevent
suicide or self-inflicting injury.
2. When preventing or interrupting a crime or attempted crime against property, and an individaul
is engaged in active resistance.
3. When making lawful arrests and searches, overcoming resistance to such arrests and
searches, and preventing escapes from custody.
4. When in self defense, or defense of another against unlawful violence to his person.
5. To accomplish lawful objectives.
(E) Justification for the Use of Deadly Force
1. Four elements must be present simultaneously in order for the use of deadly physical force
to be justified:
a. ABILITY –A person has the means or capability to cause, serious physical injury or death to
an officer or another. This may include, but is not limited to: the suspect’s physical ability, size, age,
strength, gender, combative skill, level of aggression, and any weapons in their immediate control
b. OPPORTUNITY –A person can effectively resist an officer’s control or use force or violence
upon the officer or another. Examples include: relative distance to the officer or others, physical
barriers between the subject and the officer, and access to weapons
c. IMMINENT JEOPARDY – Based upon all the facts and circumstances the officer reasonably
believes the subject poses an imminent threat to the life of the officer(s) or others, and the officers
must act immediately to prevent death or serious bodily injury
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d. PRECLUSION – All other lesser alternatives have been reasonably considered or rejected
as ineffective prior to the use of deadly force. Deadly force in response to the subject’s actions
must remain reasonable while based upon the totality of the circumstances known to the officer
at the time force was applied.
2. Shooting At or From Moving Vehicles:
Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path
of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants.
An officer should only discharge a firearm at a moving vehicle or any of its occupants when the
officer reasonably beleives there is no other reasonable means available to avert the threat of the
vehicle. Officers should not shoot at any part of the vehicle in an attepmt to disable the vehicle.
3. Deadly force can be used in the dispatching of animals:
a. When necessary to destroy a fatally wounded or sick animal after an attempt to locate and
receive permission from the animal’s owner. Special care should be taken to ensure that no
person or property is injured or damaged when an officer fires his weapon.
b. When necessary to destroy an obviously mad or vicious animal that cannot otherwise be
controlled. Animal Control should be contacted first. Only when an Animal Control Officer is unable
to respond in a reasonable amount of time should an officer destroy an obviously mad or vicious
animal. Special care should be taken to ensure that no person or property is injured or damaged
when an officer fires his weapon.
300.3.1 USE OF FORCE TO EFFECT AN ARREST
An officer is justified in threatening or using force against another if, in making or assisting in
making an arrest or detention or in preventing or assisting in preventing an escape after arrest or
detention, such person resists by using or threatens to use physical force and all of the following
exist (ARS § 13-409):
(a) A reasonable person would believe that such force is immediately necessary to effect the
arrest or detention or prevent the escape.
(b) The officer makes known the purpose of the arrest or detention or believes that it is otherwise
known or cannot reasonably be made known to the person to be arrested or detained.
(c) A reasonable person would believe the arrest or detention to be lawful.
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to use force in response to resistance and in evaluating whether an
officer has used reasonable force in response to resistance, a number of factors should be taken
into consideration, as time and circumstances permit. These factors include, but are not limited to:
(a) Immediacy and severity of the threat to officers or others.
(b) The conduct of the individual being confronted, as reasonably perceived by the officer at
the time.
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(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of
exhaustion or fatigue, the number of officers available vs. subjects).
(d) The effects of drugs or alcohol.
(e) Subject's mental state or capacity.
(f) Proximity of weapons or dangerous improvised devices.
(g) The degree to which the subject has been effectively restrained and his/her ability to resist
despite being restrained.
(h) The availability of other options and their possible effectiveness.
(i) Seriousness of the suspected offense or reason for contact with the individual.
(j) Training and experience of the officer.
(k) Potential for injury to officers, suspects and others.
(l) Whether the person appears to be resisting, attempting to evade arrest by flight or is
attacking the officer.
(m) The risk and reasonably foreseeable consequences of escape.
(n) The apparent need for immediate control of the subject or a prompt resolution of the situation.
(o) Whether the conduct of the individual being confronted no longer reasonably appears to
pose an imminent threat to the officer or others.
(p) Prior contacts with the subject or awareness of any propensity for violence.
(q) Any other exigent circumstances.
300.3.3 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
successfully completed department-approved training. Officers utilizing any pain compliance
technique should consider:
(a) The degree to which the application of the technique may be controlled given the level of
resistance.
(b) Whether the person can comply with the direction or orders of the officer.
(c) Whether the person has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.
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300.3.4 CAROTID CONTROL HOLD
The Carotid Control Technique is a significant physical control technique designed to subdue
an individual by reducing the flow of oxygenated blood to the brain by compressing the Carotid
Arteries. This technique IS NOT A CHOKE HOLD that restricts airflow through the throat, nor is
it a technique designed to gain compliance by causing pain.
The proper application of the carotid control technique may be effective in restraining a violent
or combative individual. However, due to the potential for injury, the use of the carotid control
technique is subject to the following:
(a) The officer shall have successfully completed department-approved training in the use and
application of the carotid control technique with an AZPOST, certified Defensive Tactics
instructor.
(b) The carotid control technique may only be used when circumstances perceived by the officer
at the time indicate that such application reasonably appears necessary to control a person
in any of the following circumstances:
(a) The subject is engaged in active aggression or aggravated active aggression (deadly
force).
(b) The subject, by words or actions, has demonstrated an intention to be violent and
reasonably appears to have the potential to harm officers, him/herself or others.
(c) The officer perceives the subject's actions are likely to result in the death of serious
physical injury to the officer, a third party, or themselves. These actions may include
the use of a firearm, a blunt force object, an edged weapon or through the use of
physical force.
(d) When the subject is actively assaulting an officer or another person and other control
methods have been exhausted or the officer reasonably believes other methods
would be ineffective.
(e) When deadly force would be authorized.
(c) The application of a carotid control technique on the following individuals should generally
be avoided unless the totality of the circumstances indicates that other available options
reasonably appear ineffective, or would present a greater danger to the officer, the subject or
others, and the officer reasonably believes that the need to control the individual outweighs
the risk of applying a carotid control technique:
1. Females who are known to be pregnant
2. Elderly individuals
3. Obvious juveniles
(d) If during the course of application, an officer reasonably believes that the Carotid Control
Technique is being improperly applied, they shall immediately release and re-apply, or seek
an alternative option depending on the circumstances of the application.
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(e) Any individual who has had the carotid control hold applied, regardless of whether he/
she was rendered unconscious, shall be promptly examined by paramedics or other
qualified medical personnel and should be monitored until examined by paramedics or other
appropriate medical personnel. Employees should also be aware of the following situations:
1. Violent subjects or subjects who are under the influence of alcohol or drugs should
be closely monitored for breathing difficulties or unconsciousness.
2. Excited Delirium is a combined physiological and psychological state of excitement
characterized by exceptional agitation, hyperactivity, overheating, excessive tearing
of the eyes, hostility, superhuman strength, aggression, acute paranoia and
endurance without apparent fatigue brought about by psychosis, drug or alcohol
intoxication, or a combination of these factors.
3. Positional asphyxiation is a fatal disorder occurring when the body is placed into
a position that interferes with the mechanics of pulmonary ventilation or breathing.
Positional asphyxia can occur in a variety of situations, although it is most common
in situations where a violent or physically aggressive person is physically or
mechanically restrained.
(f) The officer shall inform any person receiving custody, or any person placed in a position of
providing care, that the individual has been subjected to the carotid control technique and
whether the subject lost consciousness as a result.
(g) Any officer attempting or applying the carotid control technique shall promptly notify a
supervisor of the use or attempted use of such hold. They will further closely monitor the
subject to be sure the subject's breathing is unrestricted until medical personnel arrive.
(h) The use or attempted use of the carotid control technique shall be thoroughly documented
by the officer in any related reports.
300.4 REPORTING THE USE OF FORCE IN RESPONSE TO RESISTANCE
Any use of force by a member of this department shall be documented promptly, completely and
accurately in an appropriate police report depending on the nature of the incident. To collect data
for purposes of training, resource allocation, analysis and related purposes, the Department also
requires the completion of the use of force form when:
(a) The application has caused a visible injury or death.
(b) Any application of a less lethaldevice to include: baton, OC spray, chemical agents, kinetic
energy projectiles, TASER devices, leg restraints other than leg irons.
(c) The individual subjected to the use of force has expressed a complaint of injury or pain.
(d) The individual subjected to the force has been rendered unconscious.
(e) An individual was struck or kicked in any manner.
(f) An animal is dispatched.
(g) An officer threatens or uses a TASER device or a firearm.
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1. If a TASER device is deployed, as soon as possible the officer will have the TASER that was
used downloaded to document the firings of that TASER. The download will be conducted by one
of the TASER instructors and the form will be attached to the use of force report form.
(h) An individual alleges any of the above has occurred.
300.4.1 NOTIFICATION TO SUPERVISORS
Supervisory notification shall be made as soon as practicable following the application of force in
any of the following circumstances:
(a) The application caused a visible injury.
(b) The application would lead a reasonable officer to conclude that the individual may have
experienced more than momentary discomfort.
(c) The individual subjected to the force complained of injury or continuing pain.
(d) The individual indicates intent to pursue litigation.
(e) Any application of a TASER device or control device.
(f) Any application of a restraint device other than handcuffs, shackles or belly chains.
(g) The individual subjected to the force was rendered unconscious.
(h) An individual was struck or kicked.
(i) An individual alleges any of the above has occurred.
300.5 MEDICAL CONSIDERATION
Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs
of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing
pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until he/she can be medically assessed.
Based upon the officer's initial assessment of the nature and extent of the subject's injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff or
medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be
fully documented in related reports and, whenever practicable, should be witnessed by another
officer and/or medical personnel. If a recording is made of the contact or an interview with the
individual, any refusal should be included in the recording, if possible.
The on-scene supervisor, or if not available, the primary handling officer shall ensure that any
person providing medical care or receiving custody of a person following any use of force is
informed that the person was subjected to force, and advise of any medical complaints or
conditions of the subject. This notification should be made prior to or upon arrival with the person
or location providing medical care. This notification shall include a description of the force used
and any other circumstances the officer reasonably believes would be potential safety or medical
risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).
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Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain
(sometimes called “excited delirium”), or who require a protracted physical encounter with multiple
officers to be brought under control, may be at an increased risk of sudden death. Calls involving
these persons should be considered medical emergencies. Officers who reasonably suspect a
medical emergency should request medical assistance as soon as practicable and have medical
personnel stage away if appropriate.
Officers should not transport prisoners for medical reasons, other than those prisoners with nonlife
threatening conditions that are refused by the jail nurse after an assessment. Officers are
authorized to travel inside an ambulance or fire vehicle with a prisoner when requested by medics.
If a prisoner is refused transport by a medical provider the Flagstaffs Fire Department will be
requested to do the transport.
300.7 SUPERVISOR RESPONSIBILITY
When a supervisor is able to respond to an incident in which there has been a reported application
of force, the supervisor is expected to:
(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or
excessive force, this will be considered a routine contact in the normal course of duties.
(b) Ensure that any injured parties are examined and treated.
(c) When possible, separately obtain a recorded interview with the subject upon whom force
was applied. If this interview is conducted without the person having voluntarily waived his/
her Miranda rights, the following shall apply:
1. The content of the interview should not be summarized or included in any related
criminal charges.
2. The fact that a recorded interview was conducted should be documented in a
property or other report.
3. The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.
(d) Once any initial medical assessment has been completed or first aid has been rendered,
ensure that photographs have been taken of any areas involving visible injury or complaint
of pain, as well as overall photographs of uninjured areas. These photographs should be
retained until all potential for civil litigation has expired.
(e) Identify any witnesses not already included in related reports.
(f) Review and approve all related reports.
(g) Determine if there is any indication that the subject may pursue civil litigation.
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1. If there is an indication of potential civil litigation, the supervisor should complete and
route a notification of a potential claim through the appropriate channels.
(h) Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
300.7.1 SHIFT SERGEANT RESPONSIBILITY
The Shift Sergeant shall review each use of force by any personnel within his/her command to
ensure compliance with this policy and to address any training issues.
300.7 TRAINING
Officers will receive periodic training on this policy and demonstrate their knowledge and
understanding.
Policy 449
Policy 449
Body Worn Video Cameras
449.1 PURPOSE AND SCOPE
The Flagstaff Police Department is committed to the belief that on-officer video is an important and
valuable tool for law enforcement. On-officer video is essentially audio-video documentation of
a police officer’s investigative and enforcement activities from the perspective of the officer. The
use of on-officer video is expected to result in greater transparency, more effective prosecution,
more efficient citizen complaint investigations, and improved protection against false allegations
of excessive use of force, misconduct, or racial profiling.
Some officers who have recognized the protective function of audio or video recording have
voluntarily purchased devices of varying types and made use of them in the field. Audio or video
recordings of investigative or enforcement actions are evidence, and subject to rules of disclosure.
It is in the best interest of justice that the Department regulates and controls all forms of evidence
collection and storage.
449.1.1 DEFINITIONS
Agency Administrator - EVIDENCE.COM system administrator(s) with full access to user rights.
End User – AXON user with individual account access rights to EVIDENCE.COM.
TASER AXON FLEX – An on-officer audio video system currently authorized as the sole means
of overt on-officer audio-video recording.
ETM (Evidence Transfer Machine) – A server with built-in docking stations physically installed at
the police department. The ETM simultaneously recharges the device while uploading all digitally
encrypted data. The ETM then transfers the data to EVIDENCE.COM.
EVIDENCE.COM – Online Web-based digital media storage facility accessed at https://
flagstaffpd.evidence.com. The virtual warehouse stores digitally encrypted data in a highly secure
environment accessible to personnel based on security clearance.
Media or Data – includes photographs, audio recordings, and video footage. The media is stored
digitally.
449.2 ACTIVATION AND USE
Officers will use on-officer audio video (AXON) equipment provided by the Flagstaff Police
Department. In the event this equipment is not available, officers have the discretion to use
other audio recording equipment. All recorded media (images and audio from the AXON or other
devices) are the property of the Flagstaff Police Department and shall not be copied, released, or
disseminated in any form or manner outside the parameters of this policy without the expressed
written consent of the Chief of Police. The unauthorized use, duplication, and/or distribution of
media files is prohibited. Personnel shall not make copies of files for their own personal use. The
AXON shall not be used to record non-work related activity.
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The AXON shall be worn at all times the officer may become involved in an enforcement situation,
including all investigative or enforcement contacts. (e.g., pedestrian and vehicle stops, consensual
encounters, calls for service, on-view events, etc.)
Officers shall activate the AXON camera as soon as practicable at the onset of all calls for service,
to include the following incidents:
(a) Impaired Driver Investigations.
(b) Vehicle Pursuits.
(c) Transportation of prisoners.
(d) All searches (persons, vehicles, structures, etc.)
(e) During interviews or interrogations.
(f) Consensual encounters which are investigative in nature.
(g) When serving an arrest warrant.
(h) Any time an officer feels it is appropriate.
Additional arriving units to a scene shall activate their AXON camera as soon as practicable, and
continue to record until the completion of the event, or they have left the scene (this includes
recording of statements). Additional arriving units have the discretion to stop recording under the
same criteria listed above.
Officers are not required to obtain consent from a private person when:
(a) They are in a public place.
(b) They are in a location where there is no reasonable expectation of privacy (e.g., inside a
building or dwelling where the officer is lawfully present and engaged in the performance
of official duties).
449.2.1 STOPPING OR INTERRUPTING RECORDINGS
Officers shall not activate the AXON, or may stop or interrupt recording under the following
circumstances:
(a) Areas where there could be a reasonable expectation of privacy, such as a hospital, locker
room, restroom, etc.
(b) When conversing with fellow employees, during routine and non-enforcement activities.
(c) When speaking with undercover officers or confidential informants.
Victims of crime should NOT be forced to have their interviews recorded. Victim interviews,
especially in domestic violence cases, are valuable to prosecutors. When a victim does refuse
an on camera interview the officer will pursue a written statement.
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Officers are encouraged to advise private persons they are recording if the advisement may gain
compliance, assist in the investigation, and does not interfere with the investigation or officer
safety.
There are many situations where the use of the AXON camera is appropriate. This policy is not
intended to describe every possible circumstance. Officers should activate the system any time
they feel its use would be appropriate and/or valuable to document an incident
The use of the AXON camera will be documented in all incident reports and in the notes field for
all citations, warnings, and field interviews.
449.3 REVIEW OF AXON MEDIA FILES
Officers may review their own AXON video files under the following circumstances:
(a) To complete reports.
(b) Prior to courtroom testimony.
(c) Prior to an administrative inquiry, including officer involved shooting investigations.
(d) Officers may use media captured via the AXON camera for training purposes, with prior
authorization from their Lieutenant.
(e) Field Training Officers may use media captured via the AXON camera to provide immediate
training to recruits and to assist with the completion of the Daily Observation Reports
(DOR’s).
(f) Officers may view videos off site to prepare for courtroom testimony or other official
action. Downloading of videos is prohibited outside of the physical confines of the police
department.
(g) Whenever a video is viewed the officer is to make an annotation in the notes field explaining
why the video is being viewed. (e.g., prepare for court, Prepare for a defense interview,
training, etc.)
Critical Incident Protocols:
(a) In the event of a critical incident, (e.g., serious use of force incident, officer involved shooting,
serious injury or death), when safe and practical, an on-scene supervisor may retrieve AXON
data from the involved officer at the scene, where viewing the event could assist with locating
outstanding suspects, suspect vehicles, and direction of travel.
(b) The supervisor will be responsible for assuring the camera is docked and uploaded into
Evidence.com.
Officers will not allow citizens to review AXON recordings unless it is for an official investigative
reason.
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In the event of an unintentional activation of the AXON system during non-enforcement or noninvestigative
activities. (e.g., restroom or meal breaks, other areas where reasonable expectation
of privacy exists) Officers may request deletion of the subsequent recording. A memorandum
detailing the circumstances of the unintentional recording will be forwarded via the chain of
command to the Chief of Police. If approved, the actual deletion requires two-party authorization.
One of those parties will be the Chief or their designee; the other will be an agency AXON/
EVIDENCE.COM Administrator.
Officers are authorized to view their videos in the field through a Bluetooth enabled device. Officers
may purchase a Bluetooth enabled I-Pod touch via uniform reimbursement to use in this capacity.
Those who have a Bluetooth enabled smart phone are authorized to use it as well. The specific
application and discoverability concerns will be addressed in training.
Officers utilizing a blue tooth device may use the device to input information about the video while
in the field. (i.e. ID, Title, & Category) Officers should be aware there are no actions they can
perform which will change the original video itself. All information added to the original recording
is added as layers to the video. The original video recording is never changed.
449.4 CATEGORY AND RETENTION OF FILES
Officers will input information to categorize each video via a Bluetooth device, or by utilizing the
Evidence Sync program prior to uploading the video via the Evidence Transfer Machine (ETM).
This information will include the following:
(a) ID: DR number, 5 digit Event number, Training, or Test
(b) Title: Traffic Stop, Field Interview, Crime report title
1. (a) Officers may include a name in this field after the description (e.g., Traffic
Stop – Smith)
(c) Category of the video
Each event must be categorized according to event type so proper retention periods will be
applied. Video can be saved in multiple categories. In the event a video is taken that does not
fall into a listed category and has no apparent evidentiary or administrative value, the officer may
leave the video as uncategorized. Retention periods will be established in accordance with state
and federal statutes.
Event Categories and retention:
1. Uncategorized (1 year)
2. Training (1 year)
3. Field Interviews (3 years)
4. Traffic stops (3 years)
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5. Traffic collisions (3 years)
6. Misdemeanor investigations or arrests (5 years)
7. Citizen complaints (until manually deleted)
8. Pursuits (until manually deleted)
9. Firearms discharge (until manually deleted)
10. Critical Incidents (until manually deleted)
11. Use of Force (until manually deleted)
12. Administrative investigations (until manually deleted)
13. Death investigations and missing persons (until manually deleted)
14. Felony investigations or arrests other than those listed below
(7 years with permission of the County Attorney’s office)
15. All sex offenses (until manually deleted or with permission
of the County Attorney’s office)
16. Terrorism (until manually deleted)
17. Misuse of public money or falsification of public records (indefinitely)
18. Homicide or manslaughter (until manually deleted or with
permission of the County Attorney’s office)
Officers will place the AXON in the Evidence Transfer Machine (ETM) at the end of shift
for charging and uploading. The media captured via the AXON will only be uploaded to
EVIDENCE.COM.
449.5 AXON FILE REQUESTS
Department Requests shall be completed by the System Administrator with the approval of the
Chief of Police. A copy of the file may be made by the involved officer in accordance with this
policy (for disclosure, review or testimony).
If the request is for video that is evidence in a case the officer shall make a copy of the video for
use. This copy should be placed into evidence once the court has completed their process. If the
copy is retained by the court, the officer will complete a supplemental report indicating this.
Public Records Requests: Pursuant to Arizona Public Records statutes and the Privacy and
Security Act, it is the goal of this policy to support and promote openness in government by
releasing non-confidential video recordings to the public upon request. Released recordings will
be subject to existing public records law.
Recordings requested for non-commercial use may be charged a fee according to city policy.
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Prior to release, requested recordings will be reviewed by the legal advisor and the criminal
investigations lieutenant to ensure the redactions are in compliance with public records law
Any redactions performed by Agency Administrators will include notes in the notes field
documenting their actions and who the video was released to.
(a) No administrative members will delete existing redactions of a video after it has been
released.
(b) If additional redaction is required for subsequent requests, a new mask will be completed
along with proper documentation in the notes field.
Projects
Projects
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Environment
Environment
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