General Police Orders, Citations, Court Settings, Traffic Violations and municipal courts by Texas Mexico Law

<h1>General Police Orders, Citations, Court Settings, Traffic Violations and municipal courts</h1> 309.00 CITATIONS AND COURT SETTINGS 309.1 PARKING AND TRAFFIC VIOLATIONS A. Officers must use courtesy when dealing with violators. A. B. The officer must request to see the violator’s license, explaining the violation which caused the person to be stopped. C. Tolerance must be allowed only in cases where compensation for mechanical error is to be made. When an officer makes contact, it must result in either arrest, ticket, or warning. Warnings should only be used in borderline situations, where extenuating circumstances are present, or when strangers are confused and the violation is not flagrant or dangerous. D. Officers must not stand by parking meters waiting for the meter to expire. E. When parking violation complaints are received, a citation may be issued at the officer’s discretion if a violation is discovered. F. A supervisor must review all citations issued by officers prior to submitting the citations to the courts. If a citation is missing information or is illegible, it must be returned to the officer for correction. Under no circumstances should an incomplete citation be submitted to the courts. 1. The division captain may appoint supervisor(s) to review all citations. 2. Recurrent problems with faulty citations will be referred to the appropriate division captain for appropriate action. A. Municipal Court Appearances by Department Personnel 1. All personnel must log into the Officer Subpoena Calendar at least once a week and review their upcoming court appearances. 2. It is the duty of all officers to attend court when requested by a supervisor, court liaison personnel, written or electronic subpoena, official court docket or official representative of the court. 3. Supervisors must notify the court liaison through electronic mail if an officer’s status changes (i.e.,days off, shift, vacation, scheduled training, extended leave, etc) or anytime a new officer is transferred to the team. These notifications should occur immediately upon the supervisor’s knowledge that a change has occurred. 4. Exceptions from the duty of police personnel to attend court require notification be made to the respective court and may include: a. Approved occupational, military, sick, family, or scheduled vacation leave. b. Supervisory-approved out-of-town police business. 5. Division commanders will be responsible for follow-up investigations and appropriate disciplinary action on all police personnel absent from court that were properly notified. 6. Officers receiving a new court assignment must attend their old court assignment until the new assignment takes effect, normally within thirty (30) to sixty (60) days. 7. Division commanders may adjust officers’duty hours to accommodate a court appearance for the purpose of reducing court overtime cost. 8. All personnel must immediately notify their supervisor when their shift or days off conflict with their assigned Municipal Court setting. This will not include the third shift in the Patrol Bureau. 9. Officers must not list a second officer as a witness on traffic citations without supervisory approval and under exigent circumstances. Training officers must refrain from listing their probationary officer on traffic citations. 10. Police personnel attending Municipal Court will sign the court attendance log if applicable. 11. It will be the responsibility of the Court Liaison officer to notify police personnel of County Court cases outside of Tarrant County and of State Court cases, including Department of Public Safety hearings. Officers will be notified by Tarrant County personnel of cases within Tarrant County. Officers attending County Court must check-in at the Court Liaison office in the Tarrant County Justice Center. 1. 309.2 DIRECT MAILING OF TRAFFIC CITATIONS A. The routine mailing of traffic citations directly to violators must not be permitted except by members of the Traffic Investigation Unit. B. Should it become necessary to mail a citation to a violator, officers must obtain approval from their lieutenant or designee before the citation is issued. 309.3 DISABLED PERSONS PARKING ZONES A. When a complaint is received concerning a violation of this nature, a unit must be dispatched to investigate. B. Officers who discover a violation of this nature must investigate and take appropriate action. C. Officers must issue a citation when a vehicle is found parked in a properly marked disabled or handicapped parking zone and the vehicle does not have a license plate with the universal wheelchair symbol the same size as the numbers, or a disabled parking placard issued by the Texas Department of Transportation on the rear-view mirror. A vehicle displaying disabled veteran license plates is entitled to park in designated disabled parking places without a separate disabled parking placard. D. Officers must also issue a citation when a vehicle is blocking an access, curb ramp, or any architectural improvement designed to aid the disabled. 309.4 COURTESY WINDSHIELD HANGTAGS The City of Fort Worth Parking Services provides a courtesy windshield hangtag which they issue to eligible guests attending conventions or certain meetings in Fort Worth. The hangtag must be affixed to the rearview mirror on the windshield. The sole privilege afforded by the hangtag is exemption from inserting coins in parking meters with exceptions or restrictions as indicated on the hangtag. The hangtag must be valid until the expiration date printed on the hangtag. The courtesy hangtag is not intended for use by residents of Tarrant County. 309.5 MOTOR VEHICLE INSPECTION CERTIFICATE A. Citations for inspection sticker violation must not be issued to vehicles bearing Texas registration and a valid inspec- tion certificate from any other state. B. Vehicles bearing valid license plates and an invalid inspection certificate are subject to a citation issued in the usual manner. 310.00 RESERVED 311.00 ACCIDENT INVESTIGATION 311.1 GENERAL INSTRUCTIONS A. All accidents reported to this department must be responded to, regardless of severity. However, accident investiga- tions must be conducted only if one or more of the following criteria is met: 1. There is an injury, reported injury, fatality, or possible fatality. 2. The accident involves city vehicles or property. 3. The accident involves a hit-and-run or a driver has left the scene. 4. Any driver involved is unable to produce a valid driver’s license or proof of liability insurance as defined in General Order 311.10. 5. A driver is suspected of driving while intoxicated or driving under the influence of drugs. 6. The accident is a direct or indirect result of a police pursuit or a criminal action. 7. The accident involves a commercial vehicle as defined in CR-100 Crash Report Manual. 8. A disturbance between involved drivers. 9. Hit and run that is reported within 24 hours of when it was discovered and occurred on a public street. 10. Damage to vehicles to extent towing is required. NOTE: If the criteria for accident reporting is met, officers must use the appropriate accident report forms located in the administrative report software. B. An officer at the scene of a crash that does not meet accident investigation criteria will: A. 1. Establish control over the scene, 2. Distribute the Driver’s Crash Report C-2 (state blue form), if applicable to each driver. The officer will inform the drivers to complete the form, mail original to the Texas Department of Transportation (TxDOT) and to retain a copy for their records, 3. Supervise exchange of liability insurance information, 4. Issue citations for Safety Responsibility Act violations, and 5. Supervise removal from the roadway of vehicles, debris and other possible hazards. C. Private Property Accident Vehicle accidents on private residential property or a garage/ parking lot for which a charge is made for storing or parking a motor vehicle are exempt from police investigation under Transportation Code Sec. 550.041. They are also exempt from the duty of involved parties to report them to the state under Transportation Code Sec. 550.001. Officers may be sent if any of the criteria for on-scene response are present. If both parties are still at the scene and one wants to prosecute, an information report will be completed. D. The investigating officer must attempt to quickly determine the drivers of the vehicles involved and their physical condition as well as the physical condition of all accident victims. First aid must be administered where applicable. Ambulances must be called for the seriously injured and for those victims requesting such service. The Fort Worth Fire Department Rescue Unit must be called for victims trapped in vehicles. E. In addition to the initial care and disposition of the injured, the following emergency/assist units may be needed in order to secure the scene. 1. Additional police units must be called if needed for traffic and crowd control. A supervisor must be called if deemed necessary by the investigating officer, or if the accident involves a police vehicle or a fatality. 2. The officer may secure any available assistance to move the vehicles for the purpose of preventing additional accidents provided that the investigation must not be jeopardized. 3. Fire department units must be called if flammable, explosive, or toxic substances are present. 4. The appropriate utility units must be called to clear the scene of fallen utility poles, electrical wires, traffic control devices, etc. Freeway lighting systems are installed by the Texas Department of Transportation (TxDOT) and are then transferred to Fort Worth. Responsibility for the operation, maintenance, and repair of these lights lies with the city. Each officer is instructed to list damaged freeway lighting, including the number appearing on the light standard in the proper space on the accident report form and to properly identify Fort Worth as owner. F. Investigative Assistance 1. Crime Scene Search Unit officers must be called on accidents involving all fatalities or serious injuries where death is imminent, and where an offense of Accident Involving Injury or Death has occurred. Supervisors must ensure photographs are taken of all officer-involved accidents. 2. Traffic Investigation Unit personnel must be called during their normal working hours for accidents involving fatalities, failure to stop and render aid, and accidents involving city-owned vehicles where there is serious bodily injury. Accident investigators must be contacted after their normal working hours if the accident involves fatalities, failure to stop and render aid with serious bodily injury, and accidents involving police units where there is serious bodily injury to either party. If these criteria are met and there is a request by a supervisor, Traffic Investigation Unit personnel must respond regardless of the time of the accident. 3. When an accident investigator is called to the scene of an accident, as referenced in General Order 311.01 F. 2, the assigned accident investigator must take charge of the investigation. a. Field personnel must be expected to assist in interviewing witnesses and/or suspects identified initially at the scene, or upon request of the accident investigator. b. Patrol personnel must provide for the protection of the accident scene upon their arrival. c. It must remain the responsibility of the officer receiving the call to complete the initial accident report and any related reports, including the completion of the DWI and/or intoxication assault report, if warranted. The exception will be all fatalities, in which case, the officer receiving the call will complete the intoxication manslaughter and related reports, but the traffic investigator will have the responsibility to complete the accident report. d. Field supervisors on the scene must be responsible for all supervisory duties, and ensuring all necessary activities for a complete investigation are carried out in support of the assigned accident investigator. a. 4. The Tarrant County Medical Examiner’s office must be notified in the event of a fatality. G. Clearing the Scene 1. The police department must impound a motor vehicle involved in an accident when the driver of the vehicle is incapacitated by reason of physical injury or other causes to such an extent as to be unable to provide for its removal, or when the driver has abandoned the vehicle or is not in the immediate vicinity of the vehicle. If the spouse of the driver or the registered owner is present at the scene of the accident and is not incapacitated, the vehicle must be released to such person for disposition. Property from motor vehicles must be disposed of in accordance with vehicle impoundment procedures. 2. If wreckers were called, the wrecker selection and property forms must be completed by the officer on the scene, with the designated copy given to the driver or other person to whom the vehicle has been released, if applicable. The appropriate enforcement action must be taken and the driver must be released. Officers must ensure that the wrecker driver clears the scene of debris and wreckage, and to ensure their safety, the officer must remain on the scene to provide traffic control. If a wrecker was not called, it is the officer’s responsibility to clean up the scene. 3. Damaged vehicles may be left at the scene provided they are not a traffic hazard and are legally parked, subject to department procedure regarding the storing of a motor vehicle on a public street as specified by Code of the City of Fort Worth, Texas, 22-159, Storing of Motor Vehicles on Public Street Prohibited. When the damaged vehicle is left at the scene, the officer must affix a note to the windshield stating that an accident has been worked, the date and time of the accident, the report number, and when the vehicle is to be removed by the owner. The appropriate dispatcher must be notified that an accident has been worked and a damaged vehicle is being left at the scene. a. Under the Texas Transportation Code, section 545.3051, officers may remove vehicles from a roadway or right of way if the vehicle blocks the roadway or endangers public safety. 311.2 ACCIDENT REPORT/CITATION SUBMISSION A. Before completion of a tour of duty, officers must submit the accident report and turn in their accident-related cita- tion(s) to the designated place at the appropriate roll call facility. B. Accident reports must be completed electronically with all validation errors corrected and forwarded to the Report Server on a daily basis. C. Reports must be reviewed on the Report Server and approved by the appropriate supervisor. If rejected, the report will be returned to the officer by the supervisor for correction(s). D. Records Division personnel will review and forward the reports for electronic submission to the Texas Department of Transportation (TxDOT). A. E. Officers’ reports rejected by TxDOT will receive an email to correct any errors within seventy-two (72) hours and to resubmit the report for processing. A. Traffic Investigation Unit Duties 1. The assigned investigator must contact all witnesses and persons involved in the accident and assemble a case packet to include the witness list, summary, and estimates of vehicle and property damage. A copy of the case must be forwarded to the county prosecutor’s office with a file sheet maintained at the Traffic Division. 2. A prisoner disposition sheet must be completed by the investigator at the time the case packet is filed with the county. 311.3 COMPLETION AND DISTRIBUTION OF FORM P106 A. It must be the responsibility of the investigating supervisor to obtain the information necessary for the completion of the Form P106. B. The investigating field supervisor will attach a copy of the Form P106 to the administrative report, along with all other documents related to the accident or incident. This administrative report will be forwarded to the Accident Review Board and then through the chain of command. Copies will be placed in the unit vehicle file, with one copy sent to the Law Enforcement Driver Training (L.E.D.T.) Coordinator in the Training Division and one copy sent to the Police Fleet Services. The original will be forwarded to the appropriate deputy chief for review and signature. The original will be forwarded to Police Fleet Services which will ensure that one (1) copy of the accident report and Form 3501-005 (Vehicle Accident and Incident Review) must be attached to the original Form P106 and distributed copies, if applicable. C. The reporting supervisor or driver is responsible for delivery of the damaged vehicle to the body shop for an estimate. A copy of the Form P106 and a detailed diagram must accompany the vehicle to the body shop. D. It must be the responsibility of each officer who is operating a police vehicle that is involved in an incident to complete Form 3501-005 (Vehicle Accident and Incident Review). This form, along with an original of any other miscellaneous reports, is to be forwarded through the chain of command to the Police Fleet Services with a copy directed to the L.E.D.T. Coordinator and Risk Management within the first working day following the accident/incident. 311.4 LATE ACCIDENT REPORT The course of action of the Fort Worth Police Department is to not investigate accidents when both parties have left the scene of the accident and one party later calls requesting an accident report be made. Exceptions to this procedure are: A. When either party leaves the scene to call the police or pursue another party involved in the accident to get a description or license number and is returning to the scene to report the accident. B. When either party leaves the scene to seek immediate medical attention. C. Reasonable circumstances exist that caused either party to leave the scene and that party is going to return to the scene to report the accident. D. Officers who are requested to work an accident that does not fit the above criteria must enter the basic information into their call details, issue a Driver’s Crash Report C-2( blue form) to the reporting party with instructions that the form should be completed and mailed to the Texas Department of Transportation (TxDOT) in Austin, and offer reasonable assistance to the reporting party. A. 311.5 SEIZURE OF AUTOMOBILES BY PROPERTY DAMAGE VICTIMS A. In situations where a motor vehicle has caused damage to private property, particularly real estate fixtures, there is no statutory authority for the owner of the damaged private property to seize and retain the motor vehicle which has caused the damage. B. If the motor vehicle causing the damage remains on private property, the owner of the vehicle normally has the right to make arrangements to have the vehicle removed at their request. 1. If the driver fails to arrange for removal or is unable to do so, no physical danger exists, and the owner of the private property does not desire the motor vehicle to be removed, it should be left at the scene unless involved in a crime such as hit and run. 2. If the owner of the property where the vehicle is located does not give permission to enter or bars entry, the vehicle owner may not enter forcibly or by criminal trespass. C. Police employees must advise both owners that possession of the vehicle is a civil matter between the parties. D. If the vehicle causing the damage meets the criteria of section 34-181 of the Code of the City of Fort Worth, Texas, “Contracted Police Pulls,” then the vehicle should be removed by police in accordance with the wrecker chapter. 311.6 ACCIDENT RE-INVESTIGATION A. No re-investigation of a traffic accident must be conducted by an officer unless specifically authorized by the offi- cer’s supervisor. B. Officers in need of supplementing an accident report will request Records Section personnel return the report from the accident server, then the officer will check the “supplement” box at the top of the report, complete the changes, and resubmit the report to the accident server for processing. C. Nothing in this section must preclude efforts to ensure the completeness and accuracy of an accident report by Police Department personnel directly involved in handling, reviewing or processing such reports consistent with any General Order. 312.00 NOTE: See 312.06D, Blood Samples from Hospitalized DWI Suspects, for related processing of the DWI suspect. A. 1. dpp 1. 313.00 314.00 314.1 PRISONER PICK UPS A. When officers are requested to pick up an individual detained by a third person, they must make an independent in- vestigation to determine if an offense has been committed and that there are reasonable and sufficient grounds for holding the subject. B. The officer must obtain information from all witnesses as well as sufficient complaint information to complete a thorough preliminary investigation. A. 1. . 315.00 1. 316.00 316.1 PRISONER WARNING AND JAIL DOCKET A. Court dockets are available 24 hours a day, seven (7) days a week. All court dockets will open with a warning docket followed by a Class C misdemeanor docket. B. A Fort Worth municipal judge is available 24 hours a day, seven (7) days a week. A. 317.00 A. 317.1 OUTSIDE AGENCY WARRANT ARRESTS When persons are arrested on warrants from an outside agency and they cannot secure release by any of the accepted means, jail personnel must notify the other agency that a prisoner is being held pursuant to their warrant and arrangements should be made for transportation. 317.2 HEALTH OR MEDICAL RELEASES A. The jail supervisor must at all times retain the prerogative to release any prisoner when further confinement may jeopardize the health or safety of the prisoner. B. The jail supervisor making such a release must notify any other agency or division which may be affected by such release. A Prisoner Injury/Incident Report must also be submitted by the jail supervisor to their captain with a copy to the affected division commander. C. Persons charged with major crimes should not be released, but instead transferred to John Peter Smith Hospital if such actions are warranted and arrangements made with a patrol supervisor or section supervisor to provide a guard for such prisoner. 318.00 REDUCTION/SPECIAL HANDLING OF CLASS C AND OTHER CRIMINAL CASES 318.1 MITIGATION IN MUNICIPAL COURT CASES A. Personnel must submit their requests for mitigation in municipal court cases in writing, clearly stating why the de- partment is recommending that the municipal court administer mitigation in the case along with a copy of the citation. These requests must be submitted through the chain of command up to the deputy chief. Oral requests must not be allowed. B. Should the request concern a parking citation received by an employee while on city business, the employee must forward the citation and an IOC stating the details of the citation and the requested action through the chain of command to their division captain/manager on or before the next working day after the issuance of the citation. The division captain/manager must determine if the employee was on city business and forward a signed request for dismissal, with signature blocks for both the captain/manager and deputy chief, to the affected deputy chief. 1. The only parking citation that will be considered for dismissal will be parking at an expired meter. All other parking violations must be the responsibility of the employee. C. Deputy chiefs must direct their official requests for mitigation of municipal court cases to the hearing officer of the municipal court within five (5) days. The parking citation hearing officer must review the request and recommend disposition to the court. 318.2 REDUCTION OF OFFENSES TO A CLASS C MISDEMEANOR A. The investigator must present a written request for the reduction or change of a charge on a prisoner to their supervi- sor with the reasons for the request. B. The supervisor must sign the prisoner disposition slip in duplicate. C. The investigator must then deliver one copy of the prisoner disposition slip and initial offense report to the complaint clerk in municipal court and must obtain a complaint or citation number. D. The investigator must deliver the other copy of the prisoner disposition slip to the jail supervisor. The investigator must then make a supplement to the initial offense report indicating the type of case filed and complaint number. 318.3 REQUESTS FOR SPECIAL HANDLING OF CRIMINAL CASES Officers within the Fort Worth Police Department are prohibited from requesting verbally or in writing the special handling of criminal cases with the exception of General Order 318.01 and 318.02. The authorized position to request special handling of criminal cases must be the captain of the division investigating the case. 319.00 PROPERTY/EVIDENCE 319.1 PROPERTY REPORTING A. All police employees, when reporting stolen, recovered, and lost or found property must describe the property as completely as possible in the following sequence: property type, brand name, serial number, model number, engraving or marking, color of item, size, material, quantity, value, remarks, condition or style. B. All property, stolen, recovered, lost, found, confiscated, or evidence placed in the Property Room or Auto Pound requires that one of the following reports be prepared: A. 1. Offense Report To be used for reporting all violations of the Penal Code which are reported to the police. This includes all offenses where property is reported stolen. When an officer is unable to describe stolen property on an offense report because the reporting person does not have the necessary information, the following procedure must apply: a. If the information does not exist, the following statement must be made in the narrative: “Complainant is unable to furnish any additional information now or in the future.” When an offense report is submitted which contains this statement, it can be marked “pending” by report review personnel if the rest of the criteria is met. b. If the information is thought to exist and the complainant must attempt to retrieve it, state in the narrative, “Complainant must furnish additional descriptions on listed property.” When an offense report is submitted which contains this statement, the report must be marked “open” by report review personnel and it is the responsibility of the investigative unit assigned to the case to obtain the additional descriptions and supplement the report. 2. Investigative Supplements All recovered, stolen, or found property must be described on a supplement using the service number of the original report. If the original service number is unknown, an incident report must be made using the service number of the call the officer is on when the recovery is made. It must be the responsibility of the detective assigned to the original offense to notify the owner in order for them to claim the property. If the original offense was originally suspended, the responsibility of ensuring notification of the owner of the property must rest with the supervisor of the investigator assigned the suspended case. 3. Incident Reports Officers reporting lost or found property must complete an incident report describing the lost or found property. Incident reports describing found property must be marked open by report review personnel and assigned to the Property Room. If the property is placed in the Property Room by a uniformed officer, the report must be assigned to the proper investigative unit. In either case, it must be the responsibility of the detective assigned to identify the property, if possible, and notify the owner to claim it. If the property cannot be identified, it must be disposed of according to department procedures. C. AProperty Record report must be completed by the reporting officer on all property submitted to the Property Room. 319.2 DISPOSITION OF PROPERTY/EVIDENCE A. Property received via a property form marked “found” may be released to the owner of the property by Property Room personnel at their earliest convenience, unless such found property has a complaint number, arrest number or charge. In these cases, the officer or investigator in charge of the investigation connected with the property must be required to provide approval for release A property hearing will be held in cases where the ownership cannot be determined and the “finder” wishes to claim the property that was found. B. Property that is received via a property form marked “recovered” or “confiscated” and which has no offenders or owner’s name, complaint number, arrest number or charge must be handled in accordance with article 18.17 of the Texas Code of Criminal Procedure “Disposition of Abandoned or Unclaimed Property.” Once the requirements set out in the Code of Criminal Procedure are met, the property control employee can approve the property for auction. C. Property that is received via a property form and marked “Confiscated – possibly stolen” must be handled in accordance with article 18.16 of the Texas Code of Criminal Procedures “Preventing the Consequences of Theft.” It must be the assigned investigator’s responsibility to set the confiscated property up for a Property Hearing no later than thirty (30) days after the property is received if one or more owners are claiming the confiscated property. If no one claims the property, or ownership can not be determined, then the property must be changed to abandoned or unclaimed and handled in accordance with art.18.17 of the Texas Code of Criminal Procedures “Disposition of Abandoned or Unclaimed Property.” D. Any video or audio recording which is owned by the department and was produced during a police operation, and is no longer required as evidence, must be destroyed or returned to the unit which submitted the item following a complete erasure of the recording by Property Room employees. E. Before any weapon can be disposed of, it must be checked through NCIC and for current status in any case which is pending. Weapons received from the Crime Lab are eligible for disposal after they are checked through NCIC, are at least one (1) year old, and are not designated as having current status in any case pending or set for trial. F. Weapons must be released to their rightful owners between the hours of 0800-1600 and only by Property Room staff who has conducted a Brady Bill inquiry. When a weapon is returned to its owner, it must be void of ammunition. G. Chemical evidence will be destroyed after a subsample and court order to destroy are received. H. The Police Training Division Captain must establish an inventory of all weapons retained for departmental use. The range master must have sole control and custody of all weapons retained for departmental use in accordance with General Order 210.05. NOTE: No item held by the department must be released except through the procedures established in accordance with the Code of Criminal Procedure that conform to departmental standards and the orders of the courts. 319.3 DRUG TAKE-BACK BOXES A. The purpose of a drug take-back box is to keep the various drugs out of the water supply and away from children in the community, helping to prevent drug overdoses. B. Specifically marked drug take-back boxes are placed at selected police department locations to collect over-the-counter and prescription medication no longer needed or that have expired. It will be the responsibility of the Property Room staff to provide personnel at each drug take-back box location with information to assist in answering questions from the public. C. No less than two (2) employees from Property and Evidence will meet an officer at the selected drug take-back box location to empty the box. Each drug take-back box contains an inside box which will be removed and replaced by the Property and Evidence personnel in the presence of the officer. The Property and Evidence personnel will mark “To Be Destroyed” on the retrieved inner box. D. Using the Property and Evidence personnel’s scales, the officer must weigh the retrieved inner box with the collected drugs and medications, seal the box with tape, initial that seal and notate the weight of the box and location of the Drug Box on the Take Back Drug log. E. The officer will turn over the box and log to the Property and Evidence personnel to be transported to the evidence room for placement into the drug destruction room. F. The on-duty Property and Evidence lead or supervisor will sign, date and notate the time on the log when the box was returned to the Property Room and will verify that the box is sealed. G. The log will be given to the Property and Evidence supervisor to be kept in a folder until the box(s) are destroyed. The log will then be noted with the date and time of destruction in accordance to the Property Room’s standard operating procedures on drug destruction. 320.00 VEHICLE IMPOUNDMENT PROCEDURES 320.1 WRECKER SELECTION AND PROPERTY FORM A. The Wrecker Selection and Property form is designed to record a vehicle owner’s request for a specific wrecker (10-51 Wrecker Owner Specified or Owner’s Request), a rotation wrecker (10-52 Wrecker from the Public Service Referral Towing Rotation List), or an officer’s request for a police department removal (10-50 Wrecker for P.D. Pull.) B. Requests for a large wrecker must require the approval of a field supervisor prior to the dispatching of the wrecker. Field supervisors must make certain that the vehicle is ready to be moved prior to approving the call for a large wrecker. C. Money, checks, securities, guns, other small valuable items, and property of an evidential nature must be removed from the vehicle, tagged, and turned in to the Property Room. It is essential that a reasonable inventory, including the opening of closed containers, be conducted at the time of the removal of the vehicle and items noted on the wrecker form. D. These forms must be furnished by the wrecker driver at the scene of the pull. Upon completion of this form and after the owner/driver copy and the officer’s copy have been removed, the book with the other two (2) copies remaining intact must be returned to the wrecker driver. 1. An owner’s request for a specific wrecker or an owner’s request for a referral service wrecker requires the signature of the driver/owner at the bottom of this form. 2. The officer and wrecker driver must sign this form on all vehicle removals. An exception for the officer’s signature will be at the owner’s request for a specific wrecker. 3. All blanks in this form must be completed in a neat and legible manner. Officers must print their name (not initials) and must accurately record their ID, their unit number, and reason for the removal. E. Officers are to exercise extra care in recording accurate arrival and clear times of the wrecker and in checking the appropriate spaces that indicate type of pull and any extra charges to be allowed. F. Fees and certain conditions for non-consent tows (PD Pull) are regulated by contracts between the City of Fort Worth and the companies; however, on an owner’s request to tow or a referral service wrecker, officers must explain to the requesting person that: 1. The fees may vary since the City of Fort Worth does not regulate wrecker company fees. 2. Negotiating the fee, including possible storage or other charges is the responsibility of the requesting person, and 3. Neither the City of Fort Worth nor the police department warrants or guarantees conditions of service. G. Significant requirements of service include, but are not limited to: 1. All non-consent P.D. pulls go to the Auto Pound. 2. Wrecker response time is limited to thirty (30) minutes. 3. Debris must be cleared and removed from the scene. 4. Officers must authorize the billing of extra work for the wrecker company before such work can be performed or billed. H. Wrecker Service Complaints 1. Persons whose vehicles were towed under non-consent conditions have the right to a hearing in municipal court if they allege a violation of city ordinances. 2. The Contract Services Administrator in the Police Grants and Contract Section is the point of contact for any complaint about the conditions of wrecker service. 1. 320.2 TOW AWAY ZONES A. Officers finding a vehicle illegally parked within a designated tow away zone must issue a parking citation to the ve- hicle in violation. Officers may then request a wrecker from the dispatcher. B. When the wrecker arrives at the scene, the officer must adhere to the following procedures: 1. If an actual hookup with the vehicle in violation has been made, the vehicle must be towed away at the owner’s expense. 2. If the owner/operator returns prior to the actual removal of the vehicle, the owner/operator may request immediate release of the vehicle by the wrecker company. If not prevented by other circumstances: a. The wrecker company must comply with the demand at no cost to the owner/operator. b. A parking citation must be issued. c. The wrecker company will be returned to the top of the list for non-consent tows. d. The officer must indicate on the wrecker slip “released to owner.” C. The fees for this service by the wrecker companies must be commensurate with prevailing rates. D. Police personnel in contact with the owner/driver of a vehicle impounded from a tow away zone must advise the owner/driver of such vehicle that the vehicle may be redeemed by showing proof of ownership and by paying all towing and storage charges at the Fort Worth Police Department Auto Pound. 320.3 MOTOR VEHICLES WHICH CREATE A DANGER OR HAZARD Motor vehicles may be impounded by the department if: A. The vehicle constitutes a hazard or an obstruction to traffic by being left unattended upon any bridge, viaduct, or causeway, or in any underpass or tunnel. B. The unattended vehicle represents a traffic hazard and interrupts the normal safe flow of traffic, e.g., parked in a traffic lane, parked near a dangerous curve, or left in an intersection. C. The vehicle is illegally parked, so as to block the entrance to any private driveway, and the owner of the driveway requests removal. D. The vehicle is parked or standing in or on any portion of the street or highway in such a manner that it interferes with a normal function of a government agency or by reason of any catastrophe, emergency, or unusual circumstances, the safety of the vehicle is imperiled. 320.4 RECOVERED STOLEN VEHICLES A. When seizing a known stolen vehicle or a vehicle where probable cause exists to believe it is stolen and it appears to the officer to be operable, the officer must contact the Police Information Center, who must attempt to contact the owner of the stolen vehicle. If the owner wishes to come to the scene and claim the vehicle and can arrive within a reasonable amount of time, the owner must be advised that, with satisfactory identification and proof of ownership, the vehicle must be released at the scene. If the owner cannot be contacted, or if the vehicle is obviously not capable of being driven, the vehicle must be removed. Officers must place a hold on all auto theft recoveries for the appropriate Criminal Investigations Unit (CIU). B. Vehicles released at the scene must first be processed by a patrol officer who has received training in fingerprint evidence. Processing includes attempting to locate physical evidence, i.e., fingerprints, tools, etc. and collecting any evidence found. If an officer locates a person in possession of a local recovered stolen vehicle and there is probable cause to make an arrest, the officer must supplement the original Auto Theft report with this information instead of creating a new offense report. If the officer has additional charges on the arrested person, a new report must be generated for those additional charges. 1. When appropriate, both the vehicle operator and any passengers at the time of recovery must be entered on the person screen in RMS. 2. For a vehicle located locally, the officer must itemize in the narrative a detailed list of items missing from the vehicle on the property screen. C. Vehicles stolen out of town and recovered locally must be removed via police department wrecker and an incident report for out-of-town recovery must be made. 1. The incident report number must be recorded in the space provided on the wrecker form or the electronic wrecker form on the MDC. 1. 2. The listed victim for an out-of-town recovery report will be the reporting agency entering the vehicle into NCIC. The officer will include the OCA number in the narrative section and use the appropriate codes on the recovered stolen vehicle screen. 3. If suspects are arrested for an out-of-town recovered vehicle with additional charges, the officer may enter the vehicle as an out-of-town recovery (OUT) in RMS or complete a separate out-of-town recovery report and link it to the offense report. 4. On an out-of-town recovery, the officer must itemize in the narrative a detailed list of items missing from the vehicle, a property screen is not necessary. D. Officers must enter only the information from the license plate which was physically on the vehicle when recovered on the vehicle screen. 1. In the narrative, the officer should include the total number of license plates physically found with the recovered vehicle, detailing whether the license plate was registered to the recovered vehicle or noting if registered to another vehicle. If the vehicle had two (2) different license plates attached when recovered, the rear license plate will be entered in the vehicle screen and the front license plate entered in the narrative with details. E. In the narrative, the officer must state any signs of forced entry, whether the keys were recovered, and/or how the vehicle was stolen. The officer should inspect the VIN for tampering or removal. F. Stolen commercial vehicles, including but not limited to semi-trucks and trailers, bobcats, construction vehicles, etc, are the responsibility of the Commercial Auto Theft Unit. Officers dispatched to a theft call for a commercial vehicle must notify Commercial Auto Theft Unit immediately. If after hours, the officer must contact the on-call Commercial Auto Theft detective. 320.5 STORED, ABANDONED, AND JUNKED VEHICLES A. Traffic Division has primary responsibility for enforcing violations concerning stored, abandoned, and junked vehi- cles. In the event a vehicle meets the criteria for being stored, abandoned, or junked upon any public street, parkway, sidewalk, or alley, it may be removed. 1. Stored Sec. 22-159 of the Code of the City of Fort Worth, Texas states that a motor vehicle must be considered stored when it has remained parked at or nearly at the same location for a continuous period of time in excess of five (5) days. 2. Abandoned Chapter 683, sec. 683.002 of the Texas Transportation Code states that a vehicle is abandoned when: a. It is inoperable and more than five(5) years old and left unattended on public property for more than forty-eight (48) hours, b. Has remained illegally on public property for a period of more than forty-eight (48) hours, c. Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours, or d. Left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than forty-eight (48) hours. e. Has been left unattended for more than twenty-four (24) hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority Division of the Texas Department of Transportation or a controlled access highway. 3. Junked Chapter 683, sec. 683.071 of the Texas Transportation Code states that a vehicle is junked when it is inoperative and does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle inspection certificate; is wrecked, dismantled, partially dismantled, or discarded; or has remained inoperable for: a. Seventy-two (72) consecutive hours, if the vehicle is on public property; or b. Thirty (30) consecutive days, if the vehicle is on private property. B. If a vehicle is stored on the public roadway, police officers must make every attempt to have the vehicle in violation removed by the owner. Officers must make a diligent effort to locate the owner of such vehicle and inform them that the vehicle is in violation and must be removed. C. After the officer has located the owner of a vehicle stored in violation of section 22-159 of the Code of the City of Fort Worth, Texas, the officer may allow the owner a reasonable length of time to accomplish the moving of the vehicle A. without issuing a citation. If, after five (5) days, the owner has failed to move the vehicle in violation, a citation for violation of city ordinance 22-159 will be issued, and the officer may call for a wrecker to remove it from the scene. D. If the officer is unable to locate the owner of the stored vehicle after a reasonable attempt to do so, a parking citation must be issued citing the vehicle for violation of city ordinance 22-159, and a red sticker, if available, may be placed on the windshield notifying the owner to move the vehicle. After five (5) days, if the vehicle is still in violation, the officer must issue a second citation and call for a wrecker to remove it from the scene. Unless other action is approved by a supervisor, patrol officers investigating an abandoned or junked vehicle must follow the criteria and procedures for a stored vehicle. E. The Abandoned Vehicle Enforcement Unit will respond to all routine abandoned vehicle calls. Officers may volunteer to respond to a routine abandoned vehicle call if no calls are holding and at least one officer is available to take calls. 320.6 DISTURBANCES INVOLVING REPOSSESSION OF AUTOMOBILES A. Officers encountering disturbances involving the repossession of automobiles must: 1. Take the necessary steps to preserve the peace. 2. Arepossessor is not required by law to possess a court order or documents such as the vehicle title, license receipt or instructions on the lien holder’s letterhead; however, if sufficient evidence exists that a repossession is occurring and no laws have been violated, then the repossessor is allowed to take possession of or retain possession of the vehicle. 3. The repossessor may not violate any laws during a vehicle repossession, such as trespassing or forcing entry into an area, and may not remove the owner or anyone else from the vehicle. Officers should not assist a repossessor. 4. Arrests may be made if probable cause exists that a theft is taking place or for offenses committed in the officer’s presence. 320.7 ABANDONED BICYCLES A. Officers receiving calls in reference to abandoned bicycles must check the neighborhood in an attempt to locate the owner. B. If unable to locate the owner, the officer must arrange for the bicycle to be transported to the auto pound. 1. During the hours of 0800-1700, Monday through Friday, Abandoned Vehicle Enforcement (AVE) must be notified to furnish transportation for the bicycle. 2. During other hours, a police van or pick-up, if available, must be used for transportation. If not, officers must use patrol units and secure the trunk, using due caution when transporting bicycles. 1. 3. If no transportation can be made immediately available and the complainant is on the scene, the officer must request that the complainant retain possession until 0800 hours the next day or until such time as the complainant can contact AVE and arrange for transportation. C. The officer receiving the original abandoned bicycle call must be responsible for completing both an incident and property report. All other actions subsequent to the initial call must be documented on a supplement report. 321.00 INVESTIGATIVE RESPONSIBILITY 321.1 NOTIFICATION OF NEXT OF KIN A. Notification of next of kin of deceased persons, when the deceased is known and the next of kin can be located, must be the responsibility of the staff of the Tarrant County Medical Examiner. Officers must refrain from removing identifying documents from the body. B. If the body of the deceased is not immediately identified or the next of kin is not known or cannot be contacted, the medical investigator may request assistance of the police department. 1. When a fingerprint identification is requested, the crime scene officer must take the necessary prints. An evidence sheet must be prepared indicating that identification of the deceased has been requested. Acopy of the evidence transmittal sheet must be hand carried to the lieutenant over the Homicide Unit. If the Homicide Unit is not open, the evidence transmittal sheet must be placed in the Homicide Unit’s box in the Offense Report Office. 2. Requests for assistance, other than those requested on the scene, must be sent directly to the homicide lieutenant. C. The lieutenant in charge of the Homicide Unit must be responsible for complying with the request for assistance and forwarding the results to the medical examiner’s office. D. Notification of next of kin must be limited to the spouse of the deceased person, parents of the deceased, or nearest living immediate family member, depending on which is most applicable. 321.2 COMPOSITION AND DISTRIBUTION OF CASE FILES A. Personnel responsible for filing cases must create an electronic case packet containing all documents and informa- tion pertinent to the case to include any information of an exculpatory nature. This electronic packet includes all pieces of evidence scanned in a PDF format. This electronic case packet will be sent to the District Attorney’s office by uploading the electronic file on the electronic case file system (ecfs) through Tarrant County Integrated Justice Information Online. B. All original documents, with the exception of offense reports, must be retained by the office filing the case. The officer filing the case must return the original documents to their investigative unit and ensure that they are properly filed. C. Copies of case files must be released only to those officers responsible for presenting the case in court. 321.3 CANADIAN WARRANTS The NCIC Advisory Policy Board has approved the establishment of an NCIC Canadian Warrant File. However, the arrest and/or detention of a person cannot be executed in the United States based on a Canadian warrant. A. When an officer makes a routine NCIC inquiry on a person and receives a response on a Canadian warrant, the officer must not arrest that person on a Canadian warrant. 1. If the person is arrested on a federal, state, or local charge, the officer must direct copies of all related reports concerning the arrest to the Fugitive Unit. 2. If the person is not arrested, the officer must obtain as much information as possible concerning the person and make an incident report directed to the Fugitive Unit. NOTE: In either instance (A.1 or A.2), the officer must make every effort not to reveal to the person that a Canadian warrant is outstanding. B. Police Information Center personnel, upon receiving a response on a Canadian warrant, must: 1. Advise the inquiring officer not to arrest based upon this information. 2. Contact the Royal Canadian Mounted Police (RCMP), Ottawa, Canada, and advise that a match has been made on a Canadian warrant, including the warrant number. 3. Advise the RCMP representative that any further dissemination of information regarding the warrant must be furnished by the Fugitive Unit, and advise them how the section may be contacted. C. The Fugitive Unit must furnish all available information to RCMP representatives making inquiries on Canadian warrants. 321.4 BIAS-BASED POLICING A. Purpose and Scope The Fort Worth Police Department provides police services to the community in a nonpartisan, fair, equitable, and objective manner without consideration of race, color, gender, age, national origin, religion, disability, economic status, sexual orientation, gender expression, gender identity, transgender status, membership in a cultural group, or other individual characteristics or distinctions. B. Definitions 1. Biased Policing Discrimination in the performance of duties, based on personal prejudices or partiality of officers, that interferes with their professional judgment, training or adherence to law. Biased policing includes, but is not limited to, making prejudicial decisions affecting individuals in classes protected by federal, state and local law. 1. 2. Equal Treatment Persons, irrespective of race or other distinction must be treated in the same basic manner under the same or similar circumstances. Equal treatment does not mean all persons in the same or similar circumstances can or must be treated identically in all cases. Reasonable considerations and/or accommodations may be made when dealing with individuals with physical or mental disabilities, infirmity, illnesses or similar conditions or when information about them necessitates different treatment. 3. Gender expression Person’s external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions that are socially identified with a particular gender. 4. Gender identity Person’s innate, deeply felt sense of gender, which may or may not correspond to the person’s physical body or sex listed on their original birth certificate. 5. Sexual orientation Heterosexuality, homosexuality or bisexuality or being identified with such orientation. 6. Transgender Person who experiences and/or expresses their gender differently from conventional or cultural expectations including, but not limited to, those who express a gender that does not match the sex listed on their original birth certificate or who physically alter their sex. C. Limitations 1. Bias-based policing is prohibited both in enforcement of the law and delivery of police services. 2. Officers must not use race, color, gender, age, national origin, religion, disability, economic status, sexual orientation, gender expression, gender identity, transgender status, membership in a cultural group, or an individual’s ability/inability to speak English as the criteria for determining when or how to take enforcement action or provide police services. 3. Nothing in this order prohibits officers from using the traits and characteristics of persons, such as race, ethnicity, or national origin, in combination with other facts, to assist in establishing reasonable suspicion or probable cause in the same manner that officers would use descriptions such as a specific hair color, height, gender or other identifying traits. D. Any employees who witness or are aware of instances of bias-based policing must report the incident to their supervisor immediately. 323.00 SPECIAL ASSIST ELEMENTS 323.1 POLICE AVIATION DIVISION A. Flight Procedures. 1. Directed Patrol Through information obtained from a crime analyst, patrol assignments must be made for areas where concentrated, serious, and/or developing crime trends are identified. 2. Aerial Surveillance Two types may be performed: a. Overt surveillance is performed in an open manner with no attempt to conceal the helicopter’s presence and can be performed at any altitude. b. Covert surveillance is used when the mission is in tended to be clandestine, and it requires a minimum of 1,000 feet above ground during day light and 500 feet at night. 3. Call Response While in the air or on the ground, Communications will immediately notify the Police Aviation Division on the following types of calls: a. Pursuits b. Life threatening calls i.e. calls in progress or just occurred such as shootings, stabbings, kidnappings, etc. c. Bank robberies and armed robberies when sufficient information is provided for Air One to be of assistance. d. Missing persons after the patrol officer has made the scene and obtained accurate descriptions and has determined that Air One can be of assistance in locating the person. e. Suicide calls where the location of subject is unknown after the patrol officer has made the scene, obtained accurate descriptions, ascertained the subject does intend to cause themselves harm, and has determined a reasonable search area. f. While in the air, any call where accurate information has been obtained where Air One can be assistance. g. Whenever Air One is requested, the flight crew will make every effort to accommodate the request unless a timely response cannot be made, Air One’s capabilities cannot provide the needed assistance, or conditions such as weather or mechanical problems make it dangerous to fly. If these or other similar conditions exist and Air One is unable to respond to the call, the flight crew must immediately notify Communications or the requesting officer. h. The flight officers must respond to the dispatcher the status of response. B. Emergencies 1. Major Disaster In a disaster situation, the helicopter’s primary function must be to provide an aerial platform to assist in the tactical coordination of ground forces. a. The helicopter must monitor VHF 123.02 MHZ, using the call sign of “Fort Worth Air One” or “Fort Worth Air Two.” b. The helicopter must not be used as a medical or detainee transport. c. All unit personnel are subject to 24-hour call back. The chief pilot must submit and revise, as necessary, a list of pilots and flight officers for callback duty. The list must be maintained by the Police Communications Division. Callbacks can be requested by supervisory-level personnel through the dispatch supervisor. The request must be approved by the chief pilot, the Patrol Bureau administrative sergeant, or either patrol command deputy chief. C. FLIR Video 1. When Air Support responds to an incident which may result in an arrest or attempted arrest, the flight officer must be responsible for activating the FLIR video system if conditions are favorable for the system’s use rather than visual observation. At the conclusion of the incident, the patrol unit responsible for the incident must be in formed by the flight officer that the video recorder had been activated and the incident recorded on FLIR video. 1. a. The patrol unit responsible for the incident must, when notified by the flight officer that the incident was recorded, make a notation in any report filed that a FLIR video of the incident exists. 2. Investigators must contact the Police Aviation Division regarding access to FLIR video. The video are retained for 120 days. D. Flight Officer Vacancies 1. Flight officer vacancies must be filled from a current eligible relief flight officer list. The list will contain a specified number of officers who were selected for inclusion on the list by posting the position city-wide when the list falls below the specified number of eligible officers. 323.2 CRIME SCENE SEARCH UNIT A. The Crime Scene Search Unit (CSSU) must be notified on the following types of calls: 1. All homicides, suicides, and other deaths under suspicious circumstances. 2. Sexual assaults. 3. Assaults where serious bodily injury has occurred, including: a. Visible bodily injury to a child fourteen (14) years of age or younger. b. Visible bodily injury to an elderly person sixty-five (65) years of age or older. c. Visible bodily injury to a disabled person as defined in Texas Penal Code 22.04. 4. Critical Police Incidents. 5. When a supervisor of the division concerned who is on the scene requests a Crime Scene Search Unit to respond. B. The Crime Scene Officer will be responsible for the following: 1. Protection of the crime scene and prevention of unauthorized access. 2. Collection and processing any evidence on the scene. 323.3 CANINE UNIT The principal duty of the Police Canine Unit is to serve as a support unit by assisting field officers in apprehension and detection. Tracking and building searches at the scene of commercial or residential burglaries, armed robberies, search for illicit drugs, or other street crimes are examples of reasons for request of canine units. When the services of a canine unit are considered, every effort should be made by the officers at the scene to avoid contamination of the area with human scent. A. Canine units must respond to requests from police personnel when a building is to be searched. Once at the scene, the canine handler must take charge of that portion of the call dealing with the building search. The handler must ensure that the search is proper. Only the area described in a search warrant, if applicable, must be searched. The narcotics canine must not be used to search an area near, or within, a suspected methamphetamine laboratory. B. The canine handler is responsible for determining whether the circumstances justify the use of the canine and for determining tactical utilization in keeping with the circumstances. When practical, efforts should be made by the canine handler to apprise field supervisors of the method to be utilized and rationale for same. Offense, supplemental, or inter-office reports must be completed as appropriate to the situation. 1. Canines must not be used for crowd control. 2. Canines must not be used in making Class C misdemeanor arrests. 3. A canine unit may be utilized in Class A and B misdemeanor arrests at the K-9 officer’s discretion, provided the handler reasonably believes that it is immediately necessary to utilize the canine and the handler maintains on-the-leash control at all times. 4. Acanine unit must be used at the scene of a silent alarm to conduct a building search when circumstances indicate burglary suspect(s) may still be concealed within, and a search of the premises without canine assistance may endanger officers at the scene. To provide for the safety of the handler, the canine may be worked off the leash if qualified by previous training. 5. A canine unit may be used to effect the arrest of a fleeing felon or person(s) whom the canine handler has probable cause to believe has committed a felony. The canine handler has responsibility for the police service canine and determining when circumstances warrant using the canine off leash in their particular felony situations involving dangerous suspects. 1. 6. Acanine unit may be used in the other field situations in either onor off-leash capacity if the canine handler reasonably believes such use is immediately necessary to enhance the safety factor for all officers involved. 7. All police working canine units must have been qualified to work onand off-leash prior to any field work. The documentation to support those qualifications must be maintained by the canine supervisor. 8. The narcotics canine handler and the officer responsible for the scene of a search for illicit drugs must be the only persons to conduct the search. The officer responsible for the scene must ensure that the scene remains uncontaminated prior to the arrival of the narcotics detecting canine. Under no circumstances must the canine be permitted to search individuals. 9. If any narcotics are discovered, it must be the responsibility of the reporting officer to take custody of the materials. 10. The search for illicit drugs may be discontinued at the discretion of the narcotics canine handler, and control of the search site returned to the reporting officer. 11. Canine units should not be the primary unit on dispatched radio calls. 12. Every reasonable effort or precaution must be exercised to prevent a canine from biting a suspect. C. Canine units may be used for special details, such as trail work, lost person searches, specialized foot patrols, and other details where the use of canine would be of benefit. The narcotics canine may be used only for searches for illegal drugs, unless certified for another purpose. Requests from outside agencies for canine services must be approved by the canine commander. 1. Since the Canine Unit dogs are not normally trained to follow a specific person’s odor, the Canine Unit has a limited ability to find lost or missing persons. On missing or lost persons calls were the person has been missing for more than an hour, officers should request dispatch to contact a civilian search and rescue group for tracking. D. In the event it is necessary to recall any canine handler and canine to duty during off-duty time, the field officer will contact their immediate supervisor who will assess the situation. If the situation warrants recall, the officer will contact Communications providing all details of the call and to request the Canine Unit. The Canine Unit supervisor will determine if Canine can be utilized and the number of Canine teams needed for the call. The officer must remain on the scene until the Canine handler arrives on the scene to relieve the officer of the search portion of the call. 1. Due to time limits set by the courts, the Canine Unit will not respond to assist outside agencies for narcotics searches during off-duty hours. E. Decisions to send canines into any situation which the handler deems to be harmful to the canine or which may be beyond the capabilities of the canine are made at the discretion of the handler. F. Special training needs of the narcotics canines require that specialized training aids, namely various illegal drugs, be used during training exercises. The following procedures must be utilized in the acquisition and use of these items. 1. The handler must obtain a listing of all confiscated illegal drugs which have been authorized for destruction. 2. The handler must prepare an inter-office correspondence listing the items to be obtained and submit it to their supervisor for approval through the chain of command. 3. The handler must take the approved request to the Property Room supervisor and obtain the items listed within the document. 4. The handler must transport the substances to the Crime Lab for analysis and weighing. Small amounts may be retained by the crime lab, and the handler must submit an evidence transmittal form indicating which substances and the amounts were retained, and those which were kept by the handler as a training aid. 5. The handler must submit a document listing the substances to be used as training aids, the amounts, and the invoice number of the items. This document must be approved by the Chief of Police prior to the items being used as training aids. 6. The handler must submit a report of the disposition of the training aids, particularly any substances which expire due to the relatively brief shelf life of the drugs utilized. The report must list the substances, their invoice number, the amount originally obtained, and the amount which has been destroyed through exposure to the elements. The report must be forwarded to the Chief of Police through the chain of command. G. Canine units must respond to requests from the department for demonstrations at police functions, such as open house and in-service training, or when authorized by the Chief of Police. A. 323.4 SCHOOL SECURITY INITIATIVE A. In the event that a School Security Initiative officer makes an arrest and must be the testifying officer to the details of such arrest, they must have the responsibility for completion of the proper reports. B. In instances where the School Security Initiative officer merely acts as a messenger by calling a patrol officer to a school for the purpose of meeting a complainant or other person in which the School Security Initiative officer was not involved as the arresting officer, then it must be the responsibility of the responding patrol officer to meet such complainant and make any reports, investigation, and/or arrests as necessary. Officers must not issue citations for class C misdemeanors on a school campus. 324.00 HOMICIDES, SUICIDES, AND SUSPICIOUS DEATHS 324.1 INITIAL POLICE ACTION A. Upon receiving a call of this nature, officers must proceed to the scene as quickly and safely as possible. B. The officer receiving the call, as well as all assist officers, should survey the scene upon arrival and call for additional help if needed to properly secure the scene. C. After the scene is secured and the appropriate number of assist officers is present, a protective sweep should be done to locate any additional victims and/or suspects. D. If the assailant is at the scene, officers must locate, disarm, and detain the subject. Officers must detain the subject until the homicide detective in charge is notified. E. As soon as possible, officers must check the condition of the victim and call for medical aid as needed. F. Officers should attempt to identify any witnesses and/or suspects. All witnesses and/or suspects should be kept separated from each other. G. Homicide Unit and Crime Scene Search Unit need to be notified immediately. The Public Relations Office should be notified when necessary. H. The initial responding first-line supervisor will appoint an officer the responsibility of completing a Crime Scene Log on all homicides, suicides, and suspicious deaths. The crime scene log will include all persons present in the crime scene, including police, fire, ambulance, and medical investigators. The log will include their time of arrival, unit number, rank, name, ID number, purpose, and their time of departure. Upon completion, the crime scene log will be given to the on-scene homicide investigator. I. The first-line supervisor will ensure the entire crime scene including possible areas such as a house or entrance/escape routes is properly secured, protected, and kept undisturbed, and sterile with tightly controlled access. Officers not necessary to the successful operation at the scene will be immediately returned to their regular duties. J. If a homicide detective makes the scene of a homicide, the detective must be responsible for the initial offense report. K. When a homicide detective makes the scene of any death, they must be in charge of the scene and must coordinate the processing of the crime scene with the crime scene officer. This must include providing instructions to patrol personnel as to their duties and responsibilities concerning the interviewing of witnesses and/or suspects as well as the protection of the crime scene. When patrol supervisors are on the scene of a death, they must supervise only those functions of a patrol-oriented nature and must allow the detective freedom to take charge of the investigation. L. The field supervisor of the district where the offense occurred should be notified so that they can make the scene and assure that patrol functions are carried out properly, and, if homicide does not make the scene, that a thorough preliminary investigation is conducted. M. In cases where the victim is quickly transported from the scene by ambulance personnel and upon arrival officers find little physical evidence, they must not leave for the hospital until other units have arrived to secure and protect the crime scene. Once the scene is secured, the officer may proceed to the hospital. 324.2 DISPOSITION OF THE VICTIM A. When the victim is obviously alive, the officer must immediately send the subject to the hospital of the victim’s choice or, if they are unable to request one, John Peter Smith Hospital. B. If there is any possibility that the victim is alive, the victim must be sent to the hospital. A. C. In a case where the body is cold, stiff, or other obvious indications are present to indicate the subject is dead, do not disturb or remove the body, but protect it, and the scene, until the arrival of the medical investigator and/or representatives of the Homicide Unit. 324.3 WITNESSES A. Witnesses should be encouraged to remain at the scene until either the investigating officer or the homicide detective interviews them. In some situations, the witness may be offered the option to provide a statement at a police facility rather than at the scene. If the witness is a juvenile, the parents are to be contacted. B. The investigating officer, while at the scene, should attempt to identify each witness by name, age, address, phone number, and write a brief narrative of what they observed and where they were when they observed it. C. Witnesses should be interviewed separately, either at the scene, the hospital, or a police facility. 324.4 DISPOSITION OF WEAPONS A. Unless the possibility exists that a weapon used in a crime may be stolen, misplaced, carried away or otherwise moved by others, it should not be handled or disturbed. B. If the weapon is not taken from the victim, leave it where it is found. C. If the weapon is confiscated from the assailant or victim, the officer taking charge of it must be required to tag the weapon as evidence or property, and complete all necessary reports. D. Should it become necessary to move a weapon, the person moving it must mark the spot where the weapon was originally found. E. In all other cases, the scene should not be disturbed so that crime scene officers can process the area. 324.5 OTHER POLICE RESPONSIBILITIES A. If the actor is not on the scene, the officer handling the call must obtain as much information as possible and provide the police dispatcher with a wanted person broadcast. B. The officer handling the call must be responsible for assuring that all necessary police reports pertaining to the preliminary investigation have been completed. If the incident involved a drive-by shooting, the officer must notify the DECOR operator to flag the offense. 324.6 DECEASED PERSONS A. Asupervisor must be notified of all deceased person calls where the body is not at the hospital and a doctor is not in at- tendance. B. If the deceased person is a patient at a hospital or has been a patient for more than twenty-four (24) hours at a convalescent or rest home, or the person has been under medical care for a serious health impairment for some time and death appears attributable to natural causes, the medical investigator must be notified. In some cases, the medical investigator may not make the scene. When there is a doubt as to the cause of death, the supervisor may request that the medical investigator and on-call homicide investigator be notified. C. As the patrol officer is generally the first person on the scene, the following steps must be taken: 1. The officer must ensure that the field supervisor has been notified. 2. The officer must notify, or cause to be notified, the medical investigator, ambulance or funeral home, Crime Scene Search Unit, if necessary, and any other agency or division that may be of help in the investigation or removal of the body. 3. An offense or incident report must be made and must contain the usual information to include: a. Name and address of deceased. b. Ambulance company or funeral home, name of driver and attendant, as well as correct address of the scene. c. Time of death, if known, and who pronounced same. d. Medical investigator’s name. e. If police detectives were notified, the name of the detective on the scene. f. Name and address of the person who found the body and under what circumstances. g. Subject’s medical history, if applicable. h. List of all personal property of the deceased and its disposition. a. i. Disposition of the body. 324.7 DEATHS INVOLVING PATIENTS ENROLLED IN HOSPICE PROGRAM The Hospice Program is designed to give support to patients afflicted with terminal diseases who desire to remain in their homes until death. Therefore, the following procedures must be adhered to: A. Police Communications Division 1. Employees receiving notification of the death of a patient in a hospice program must initiate a radio call noting that the deceased was a participant in this program. 2. Dispatchers must dispatch a patrol unit to the scene advising the officer of the circumstances. B. Patrol Response The officer receiving the call must proceed to the scene and contact the family or hospice staff members who reported the death. The officer must complete an incident report containing the patient’s name, name of the patient’s attending physician, a statement that the patient died of natural causes, the name of the attending nurse who confirmed the death, and that the deceased was enrolled in a hospice program. C. This program is designed to assist the patient and family to live as fully as possible and to allow death to occur as unobtrusively as possible. Therefore, it must not be necessary for the officer to view the body unless information is developed which indicates a necessity for further investigation of the death. In that event, a supervisor must be called to the scene before the investigation is begun. D. The medical investigator must be contacted on the scene and normally must not make the scene. E. A family member or hospice staff member must contact the funeral home. 325.00 326.00 ASSAULTS 1. 327.00 BURGLARY, THEFT, AND CRIMINAL MISCHIEF INVESTIGATION 327.1 SILENT ALARM A. The officer receiving the call on a silent alarm must be responsible for the coordination and placement of other units also responding to the scene. B. All main exit ways should be guarded so as to prevent the escape of any offender. C. The unit in charge of the call must inspect the structure to determine if there is any sign of forced entry. D. If officers find signs of forced entry or have any reason to believe that a burglar may still be in the building, they must keep all exits under surveillance and call for assistance from available canine units and for any additional units required to secure the building. E. If the building shows no signs of forced entry, officers must continue to keep the building under surveillance and have the Police Information Center contact the owner of the building and/or alarm company reporting the alarm. If contact is made with the owner, an owner or authorized agent must be requested to make the scene so that officers may conduct a routine inspection of the inside of the structure. F. If the building appears secure and the owner or alarm company representative must not be making the scene or must be delayed by more than twenty (20) minutes, the officer must clear the call and return to service. The complainant must be advised to contact the Police Communications Division upon their arrival at the scene so that officers may return to the location. G. On structures that are not secure and where the complainant cannot be located, officers must attempt every reasonable means to secure the building. If the building cannot be secured, officers must stand by until the building can be secured. Dispatchers must attempt to have the officers relieved every two (2) hours. The structure must not be abandoned without the permission of a supervisor who must base the decision to remain or to abandon the building on existing conditions at the time. H. The officer with responsibility for the call must make the appropriate offense/incident report when the officer finds that the alarm notification was caused by burglary, robbery or an attempt of either, hostage situation, criminal mischief, reckless damage, or an arrest is made. I. If the officer determines that the alarm notification was caused by damage where no offense was committed, the officer must direct an incident report to the Alarms Unit titled “Alarm Call.” Any such damage must be readily visible to the officer. Officers may direct an incident report to the Alarms Unit under circumstances where the officer believes a possible violation of the alarm ordinance exists. J. If the responding officer determines that the alarm notification was caused by the weather and there is no visible damage to the alarm site, the officer must not have to make an incident report. The weather-related alarm must be recorded on the officer’s CAD disposition as caused by the weather and the dispatcher must be so advised. K. An alarm call on which no report is made must be counted as a false alarm against the permit holder. Therefore, officers must not make a report using the alarm call service number unless the report has to do with the alarm notification. Example: An officer responding to an alarm call finds no signs of attempted entry on the building. However, before clearing the call, the officer is approached by the clerk of the store next door who wants to report a theft. In this instance, the officer must clear the alarm call and call for a new service number to make the theft report. L. If, when checking an alarm site, an officer finds what is known to be old damage or old evidence of forced entry, the officer must make a note of the findings on the officer’s CAD disposition if no other reports were made as a result of the alarm notification. M. Employees must not recommend a particular alarm company or alarm system to anyone or make any statement supporting or discouraging the need for an alarm system. 327.2 AUDIBLE ALARM A. Audible alarms must be processed in the same manner as silent alarms. B. When audible alarms cannot be silenced, the officer investigating the call must notify the dispatcher that the building is secure and that the alarm must continue to sound. C. The dispatcher must note on their console that the alarm call has been worked. A. 327.3 BURGLAR IN A BUILDING A. This call should be processed in the same manner as silent alarms, however, a greater degree of caution should be used. B. If apprehension is made, the officer must place any subject(s) under arrest, provide the appropriate warning, and transport the prisoner(s) to the proper detention facility as soon as possible. C. The officer having the original call must process all reports to complete the preliminary investigation. 327.4 BURGLARY, THEFT, OR CRIMINAL MISCHIEF A. Officers should determine if an offense has been committed and obtain as complete information as possible for the submission of an offense report and if appropriate, a broadcast. B. Officers dispatched to the scene of a burglary, theft, or criminal mischief must thoroughly investigate all leads which provide hope of the offender being arrested on or near the scene. C. On any property crime, officers must conduct a thorough scene investigation, including processing for fingerprints when appropriate, and collect any physical evidence found on the scene. D. The Crime Scene Search Unit may be requested for property crimes only when the collection of physical evidence exceeds patrol capabilities. E. Officers should pay particular attention to asking a sufficient amount of questions to ensure that all pertinent information is obtained from the complainant. F. Officers must also adhere to General Order 319.02, regarding the complainant’s ability, or inability, to furnish additional information concerning the offense in the future. 327.5 OPEN DOORS AND WINDOWS Open doors and windows must be investigated as silent alarms with the officers eliminating all means of escape prior to beginning their search of the building. 327.6 CRIMINAL MISCHIEF/THEFT OF PUBLIC UTILITIES A. If requested by a utility company, the officer must respond to the scene and act only as a witness to the fact that a by- pass is installed. The officer must not take initiative in the investigation of the case or collection of physical evidence. B. The officer must record the event on an incident report which must be assigned to the appropriate field operations investigation unit, noting the type of device, how it was installed, and any observable service being rendered by the device. The officer must observe only what is open to the officer’s view and must make no searches. The officer must not arrest under this charge. C. If a felony, or breach of the peace occurs within the officer’s view, proper action as stated in the Texas Code of Criminal Procedure, Chapter 14, must be taken. D. When a utility company has decided to pursue a criminal prosecution under the criminal mischief statute, they must bring their information and/or evidence to the appropriate division investigator. E. An investigator must review the evidence, and if it is sufficient, the investigator must make a supplemental report changing the incident report to an offense report and follow-up the investigation in the normal manner. It must be the investigator’s responsibility to obtain any search warrants needed. F. If an officer or an investigator must deviate from this procedure, they must first obtain permission from a supervisor. G. Nothing in this order must be interpreted as to prevent the utility companies from filing direct with the district attorney’s office. 328.00 DISTURBANCES A. . . 328.1 PROPERTY SETTLEMENTS AND CHILD CUSTODY MATTERS A. Although state law allows a peace officer to use reasonable efforts to enforce the terms of a court order that provides for possession of or access to a child, unless an immediate breach of the peace is imminent or there is probable cause to believe that a danger of imminent bodily injury exists or a disturbance is in progress, police employees must tactfully refuse to participate in child custody or property settlement disputes. 1. With supervisory approval, officers may standby with a victim in order to preserve the peace so the victim can retrieve only the things they immediately need for their care or the care of their children. B. If the request is received in the Police Communications Division, the call taker must follow the above guidelines and no police unit must be dispatched unless a disturbance is in progress or imminent. C. Although state law allows a peace officer to use reasonable efforts to enforce the terms of a court order that provides for possession of or access to a child, police officers in the field, when receiving such a request direct from a citizen, must refer the person to the proper civil court, unless a disturbance is in progress or imminent, in which case the officer must follow normal police procedures in maintaining order. 328.2 CIVIL DISTURBANCES/PROTESTS A. Civil disturbances can generally be classified as a lawful protest, such as demonstrations, non-violent civil disobedi- ence, or violent disobedience. B. The course of action of the Fort Worth Police Department in any type of civil disturbance or protest must be to ensure public safety, protect life and property, preserve the peace and protect the First Amendment rights of all persons involved in the event. C. The Tactical Intelligence Division Captain or designee will assign personnel from the Intelligence Section to all civil disturbances and protests in the City of Fort Worth and will coordinate for uniformed services with the appropriate patrol division captain. The Homeland Security Unit must be responsible for handling any threats or mass gatherings that create a safety issue to the city’s resources and/or citizens, coordination with other city and/or private entities, and initiating an operational plan when time permits. D. The Homeland Security Unit must facilitate coordination with the person(s) or organization planning the protest or mass gathering, will request and coordinate the assistance of other police sections in collecting information, and must deploy plainclothes officers to monitor activities and information gathering. E. If patrol officers arrive on the scene of an event that has the potential to lead to a civil disturbance or mass gathering, the first-line supervisor must ensure Homeland Security Unit is immediately notified. When personnel from the Homeland Security Unit make the scene, they must be in charge of the scene and will coordinate with patrol personnel. 1. Patrol supervisors on the scene must supervise only those functions of a patrol-oriented nature. To allow Homeland Security Unit plainclothes officers to remain operating in an undercover capacity, uniformed officers may be directed by the plainclothes officers to identify or provide contact to person(s) at the event 2. Uniformed officers must preserve peace through enforcement, and must control and contain crowds in such a manner as not to provoke any group or person. It is the guiding principle of the department to enforce existing state laws and city ordinances. F. All officers must keep in mind that it is a First Amendment right to protest and that technology allows for most citizens to video all actions by police at events. Officers must remain neutral to all parties involved thereby representing the professionalism of the department at all times. A. 328.3 DISPUTE RESOLUTION SERVICES Dispute Resolution Services of Tarrant County (DRS) is a non-profit organization dedicated to solving interpersonal disputes through mediation. The dispute resolution service is available at no cost to aid in the resolution of conflicts between parties. Any officer may refer appropriate conflicts to DRS utilizing a FWPD Referral form; however, the primary responsibility for referrals, and for monitoring the ensuing mediation process, will be that of the Neighborhood Police Officer (NPO) assigned to the area where the dispute occurred. A. Officers encountering disputes between parties that do not require the assistance of the court system to provide a solution to the conflict may refer the participants to the DRS when appropriate. Every effort should be made to resolve the dispute on the scene, and under no circumstances must officers neglect their sworn duty to uphold the law by failing to arrest a violator of the law when appropriate, or to make an offense report when a crime has been committed. Parties to a dispute must understand that participation in the mediation process is voluntary. B. Situations where dispute resolution may be used include, but are not limited to, landlord and tenant disputes where no criminal violation has occurred, minor Class C offenses where no breach of the peace is occurring nor is it likely to occur again, minor disputes where violence has not occurred but the officer believes the situation may lead to violence later, and civil disputes where no criminal law has been violated, such as conflicts over children, pets, non-violent trespass, and noise complaints. C. Process to follow when referring complainants to DRS: The primary referral point to DRS within the police department will be the NPO whose area the dispute occurs within. NPOs will also follow-up on situations recommended for mediation from sources outside the department such as those made by the Municipal Court, Citizen Advisory Councils, Justice of the Peace personnel, etc. 1. Officers in the field may refer disputants to DRS by completing the FWPD Referral form and giving the appropriate copies of the form to the disputants. The officer issuing the referral must then ensure that the original form is delivered to the affected NPO by the next scheduled workday for the NPO, and document the referral in the appropriate offense or incident report. 2. The NPO will evaluate the circumstances and determine if referral is appropriate. 3. If an offense or incident report was made, the NPO will coordinate with the detective assigned the report. 4. If the situation is appropriate for mediation, and a referral notice has not been issued by an officer already, the NPO will meet with the disputants and, if the parties involved voluntarily agree to mediation, issue a mediation summons via the FWPD Referral form. The NPO will retain the original form. 5. The NPO will immediately fax or deliver the FWPD Referral form to DRS. 6. DRS will arrange the mediation by choosing an appropriate time, date, and location for the mediation, and contacting the mediators. 7. The NPO will confirm the mediation by requesting DRS personnel write the mediation information on the original mediation summons within three (3) business days of the referral. Mediators will be coordinated by DRS to obtain the mediation materials, and to perform the mediation. 8. The affected NPO must coordinate with DRS to ensure the officer is notified as to the results of the DRS mediation. 9. If an agreement was made, the mediators will file the agreement with DRS. 10. If no agreement was made, the NPO will determine if any further police action is necessary to resolve the conflict. 11. In either case, the completed FWPD Referral form will be filed with the appropriate division commander who will maintain statistics on the number of referrals, the number of meditations performed, and the number of meditations resulting in agreements. 329.00 329.1 POSSESSION OF FIREARMS WHERE ALCOHOLIC BEVERAGES ARE SOLD If a person with a gun call involves the possession of a handgun, illegal knife, or club in an establishment selling alcoholic beverages, officers should note in their report the exact place in the establishment where the warning sign against possession is located. This position should be pinpointed on the offense report so as to leave no doubt where it should be reasonably ensured it would have to come to the attention of the arrested subject. Example: The sign warning against carrying of weapons on premises was conspicuously posted on the mirror centered midway on the west wall behind the bar. The sign was six feet from the floor level, five feet from the front edge of the bar, and readily visible to all bar patrons. The officer should also obtain names, addresses, and telephone numbers of licensee, bartender, waitresses, clerks, etc., and list them all as witnesses on the offense report. 329.2 SEIZED FIREARMS A. All seized firearms should be unloaded, tagged or otherwise marked with appropriate identifying information in ac- cordance with accepted practice for evidentiary items, processed and submitted to the Property Room. Areport must be submitted to document the circumstances under which the firearm was obtained and/or seized. An evidence transmittal must be completed only if the weapon is to be submitted to the Crime Lab. B. Any firearm seized by police officers must be kept by the department regardless of whether formal charges are made or not. Article 18.19, Code of Criminal Procedure will be followed for the disposition of seized weapons. 1. If an officer arrests and takes into custody a handgun license holder carrying a handgun under Vernon’s Revised Statutes, Article 4413(29ee), the officer must seize the weapon if it constitutes evidence of the specific charge; otherwise, the weapon will be placed with the suspect’s personal property. 330.00 MENTALLY DISTURBED PERSONS 330.1 INITIAL POLICE ACTIONS A. A field supervisor must be notified on each call involving a mentally disturbed person. B. Due to the potential for violence present when dealing with mentally unstable individuals, a minimum of two (2) officers must be dispatched to all calls of this type. C. Officers must, when possible, gather as much information about the subject as is available prior to approaching the person. D. Officers should use extreme caution in dealing with these potentially dangerous individuals and avoid using any words such as demented or crazy. E. If no criminal offense has occurred and a substantial risk of serious harm does not exist, the officers must advise the subject’s relatives to seek mental commitment through the courts or try to persuade the subject to sign themselves in for treatment at John Peter Smith Hospital or another facility suited for treatment of the mentally disturbed. Individuals seeking mental commitment for their relatives through the courts should be referred to the local Mental Health and Mental Retardation Association for screening and assistance. F. A substantial risk of serious harm to the person or others may be demonstrated by the person’s behavior, or evidence of severe emotional distress and deterioration in the person’s mental condition to the extent that the person cannot remain at liberty. The officer may form the belief from the representation of a credible person, or on the basis of the conduct of the person or the circumstances under which the person is found. G. The Health and Safety Code, Chapter 573 sec. 573.001, states that a peace officer, without a warrant, may take a person into custody if the officer has reason to believe and does believe that: 1. the person is mentally ill; and 2. because of that mental illness, there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and 3. the officer believes that there is not sufficient time to obtain a warrant before taking the person into custody. NOTE: Apeace officer may also take a person into custody without a warrant if the officer has reason to believe that the person is chemically dependent and, because of this dependency, there is a substantial risk of harm to the person or others, and there is not sufficient time to obtain a warrant. 330.2 POLICE ACTIONS WHERE NO CRIMINAL OFFENSE IS INVOLVED A. When police officers arrive at the scene of a disturbance involving a mentally disturbed person and no offense has been committed, but the subject represents a substantial risk of serious harm to themselves or others unless immediately restrained, the following actions may be taken: 1. The subject must be taken into custody, restrained, and transported to John Peter Smith Hospital or another facility suited for treatment of the mentally disturbed, by ambulance, if possible. If circumstances dictate an alternate means of transporting the subject to the facility, the officer may find it necessary to transport the subject in the police vehicle. If the subject is under thirteen (13) years of age, the subject must be transported to Cook Children’s Medical Center. a. For juveniles placed in handcuffs, officers must contact Cook Children’s Medical Center to allow at least five (5) minutes room preparation time for the emergency care personnel. Officers should bring the handcuffed juvenile to the treatment area using the ambulance entrance. If appropriate advance notice cannot be given, the officer must park the police unit at the ambulance entrance, personally notify the emergency care personnel, and hold the juvenile in the vehicle until a room is prepared. b. If the subject is transported by ambulance, upon ambulance attendant’s request, an officer must ride in the ambulance. 2. Upon arrival at the facility, the officers must assist medical personnel in restraining the subject, if necessary. 3. The officer must complete a notification of detention and submit it to the facility. 4. The officer must complete an incident report regarding the details of the call. The report must contain pertinent facts regarding the subject’s actions, those individuals who witnessed the actions, and sufficient detail to explain why the officers determined the subject posed a danger to themself, the officer, or someone else. 5. The officers must leave the facility only after the subject has been medically cleared and transferred by medical personnel to the Psychiatric Emergency Center. B. If a mentally disturbed person is already at a hospital, officers should assess whether the person poses a substantial risk of serious harm to self or others irrespective of the hospital setting. If the person does pose that risk, the officer should detain the person. 1. Hospital staff will provide an Emergency Detention Representations Form, which includes the physician’s identity and observations. This form will provide the necessary information to assist the officer in forming a belief that the person presents a substantial risk of serious harm to the person or others based on the representation of a credible person. 2. The person should then be transported to John Peter Smith (JPS) or alternate facility depending on JPS hospital staff determination of availability, or to Cook Children’s Hospital if under thirteen (13) years of age. The person can remain at Huguley Hospital since that facility has a psychiatric center. Upon delivery of the person to the destination hospital, the officer must complete the notification of detention form. 330.3 POLICE ACTIONS WHERE AN OFFENSE IS INVOLVED A. When officers arrive on the scene of a call involving a mentally disturbed person and a criminal offense has been committed by the mentally disturbed person, the officers must place the person under arrest for the appropriate offense. B. If the subject poses a substantial risk of serious harm to themselves or others, the individual must be transported immediately to John Peter Smith Hospital. If the subject is under thirteen (13) years of age, the subject must be transported to Cook Children’s Medical Center following procedures in General Order 330.02 A(1)(a). 1. If the subject is transported by ambulance, upon ambulance attendant’s request, an officer must ride in the ambulance. C. Upon arrival, the officers must assist medical personnel in restraining the subject, if necessary. D. The officer must complete a notification of detention and submit it to the hospital. E. The officer must complete an offense report detailing the events that transpired, the actions taken by officers, and why the officer believed the subject would be a danger to themself. F. The officers must leave the facility only after the subject has been medically cleared and transferred to the Psychiatric Emergency Center. G. Mentally disturbed persons, who have committed an offense and have been transported to John Peter Smith Hospital, must be returned to jail upon determination that the person involved no longer requires hospitalization. If the person is a juvenile and was transported to either Cook Children’s Medical Center or John Peter Smith Hospital, detention will follow out-of-custody arrest procedures under General Orders 341.00. A. H. Personnel at John Peter Smith Hospital or Cook Children’s Medical Center must notify police when a mentally disturbed person arrested and transported by police to the hospital is to be released from the hospital. 330.4 REPEATED DEALINGS WITH MENTALLY DISTURBED PERSONS When officers deal frequently with a mentally disturbed person and believe that the person is not a danger at this time, but has the potential of becoming a threat to themself or another if not treated, the officer should refer the subject or their relative to the Mental Health or Mental Retardation Association for screening and referral assistance. 331.00 EXPLOSIVES 331.01 EXPLOSIVES, BOMBS, AND BOMB THREATS A. The responsibility to search for any reported explosive device as well as the decision to evacuate any building or area suspected of containing explosives rests with the Fort Worth Fire Department. B. The fire department must also make the necessary reports and follow-up of these incidents and the police department must respond only upon the request of the fire department. Should it be necessary for the police department to go to the scene, all radio transmissions including MDT’s must cease within a three block area of any suspected explosive device. C. The fire department will notify the police department when the incident involves extortions or when a bombing results in injury or death at which time the police department must initiate an investigation of this aspect. D. When a bomb threat or a report of a bomb threat is received by dispatch personnel, the person receiving the report must notify the fire department by direct telephone line. If the report is the initial bomb threat, the recording of the conversation must be made available to the fire department. If the report concerns a county building complex, such as courthouse or civil courts buildings, during normal business hours, the civil defense office must be notified by Communications. E. When an officer confiscates or is called upon to dispose of any pyrotechnic device or small arms ammunition (20mm or smaller), they must ascertain if a fire department unit is nearby and, if so, meet with them and turn over the items. If a fire department unit is not available, the officer must take the items to the nearest fire station for disposal. F. If the ammunition is larger than 20mm, the officers must call for an explosive technician from the fire department to come to the scene and dispose of the device. 332.00 PUBLIC INTOXICATION A. . 332.1 PUBLIC INTOXICATION OTHER THAN ALCOHOL Officers charging persons with public intoxication due to consumption of substances other than alcohol must indicate the substance suspected to be causing the intoxication, such as paint fumes, glue, or other substances. E. 98 I I- • 6. In instances where violent crime is involved, officers must make every effort to protect ambulance crews while victims are being treated and removed. In circumstances where a danger of further violence is indicated, and through coordination between the police and ambulance dispatchers, the ambulance crew must not approach such a scene until the police arrive and are in control. 7. If necessary, the police must assist the ambulance crew in controlling unmanageable or irrational patients according to established policies and procedures for the handling of violent mentally ill persons. 8. Officers are advised that a paramedic can make the determination that a person is deceased but the paramedic is held legally liable and accountable for any error in judgement. For this and other reasons, the ambulance crew is directed by their operating procedures to assume that the patient is to be treated and transported to a hospital if there is any doubt whatsoever as to the indications of death. If the paramedic does conclude that the person is dead, then officers are reminded that the Texas Code of Criminal Procedure, Article 49.25, provides that the body must not be disturbed or removed without the authorization of the Tarrant County Medical Examiner. Exceptions to this can be made by the officer in charge at the scene by concluding that it is necessary to preserve the body from loss or destruction, maintain the flow of traffic, or if the presence of the body creates a hazard or aggravates a volatile situation. 9. Officers are advised that a paramedic can make the triage decisions in the case of multiple injured persons and prioritize the treatment of these persons in the order their training dictates. 10. In the case of extrication of accident victims who are trapped, the fire department is responsible for the physical safety of the fire crews and the victims, and must coordinate medical efforts and extrication efforts. 11. The ambulance company procedures dictate that the ambulance must be operated as an emergency vehicle in accordance with state law and applicable city ordinances. Officers must assist in expediting ambulances through the traffic flow to the maximum extent possible in conformance with those laws and ordinances. C. Cooperation with Fire Department and ambulance crews 1. Realization of the objective of rapid, quality service to persons who are victims of a medical emergency requires that the fire, ambulance, and police personnel at the scene and in the dispatch centers act together as a team, understanding each other’s responsibilities, and assisting to the maximum extent feasible whenever needed. 2. Supervisors and officers are encouraged to become acquainted with the ambulance crews and ambulance supervisors working in their area and to establish a spirit of cooperation so as to minimize procedural conflicts which adversely affect the delivery of service to medical emergency victims. 3. Field and dispatch supervisors are encouraged to handle minor disagreements through coordination with the field or dispatch supervisor of the ambulance company. Should a problem arise which is beyond the scope of handling at that level or one which affects procedures, the supervisor handling the issue must forward a full report of the problem through command channels to the Fort Worth Emergency Medical Services Coordinator, whose responsibility is to settle such issues. 4. Outside ambulance firms may make runs through the city as necessary. 333.02 INJURED PERSONS A. When an officer arrives at the scene of an injured person call, they must give appropriate medical attention as neces- sary and call for an ambulance as needed. B. If an injured person requires mouth-to-mouth resuscitation or CPR, personnel are encouraged to use the issued equipment in order to prevent the transmission of disease. C. Officers must determine if an offense has been committed and complete all necessary reports. D. If necessary, the officer must change locations to the hospital where the victim has been transported. E. On calls where officers are to meet ambulance personnel, and it is determined that no offense has occurred, they must provide assistance as needed. F. Hospital calls must be assigned to any available police unit in the immediate vicinity of a hospital. 1. The unit responding to a hospital call must be responsible for making an incident report (hospital report) and signing the injured person’s medical chart, even though an on-scene investigation may be required. However, if the officer at the hospital determines that an offense has occurred and that an on-scene investigation is not required, then the appropriate report must be made. In this instance, the injured person’s medical chart must be signed and a hospital report must not be necessary. 1. 2. If an on-scene investigation is necessary, the officer making the hospital call must advise the dispatcher. The unit nearest the scene of the occurrence must be dispatched to conduct an on-scene investigation and must make the necessary reports, excluding the hospital report. 3. If an officer changes location to a hospital for a follow-up investigation, and a hospital report has not been made, the officer must be responsible for signing the injured person’s medical chart and making the hospital report if no other reports were made as a result of the officer’s investigation. 334.00 MISSING PERSONS 334.1 MISSING PERSONS A. A missing person is any person who was last seen in the city limits of Fort Worth or resides in the City of Fort Worth, and another citizen reports that the person’s whereabouts are unknown. 1. “Missing Person” means a person eighteen (18) years old or older whose disappearance is not voluntary. 2. “Missing Child” means a person under eighteen (18) years of age whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that: a. The child did not voluntarily leave the care and control, and the taking of the child was not authorized by law; b. The child voluntarily left the care and control of their legal custodian without the custodian’s consent and without intent to return; or, c. The child was taken or retained in violation of the express terms of a court order or judgement governing custody of the child. 3. If the missing person does not fit into the above criteria, the police department personnel must tactfully inform the citizen to file a report with the law enforcement agency which has jurisdiction and assure them that this department must assist in any follow-up investigation. 4. There is no waiting period to report a person as missing. B. A police officer and a field supervisor must be dispatched to the scene of a reported missing person when it is determined: 1. The missing person is under twelve (12) years of age. 2. The missing person is of advanced age. 3. The missing person is reported mentally unstable. This includes runaways from institutions. a. Mentally unstable must also include chronic dementia, including Alzheimer’s Disease. 4. Foul play is reported as the possible reason for the person being reported as missing. C. The responding officer must: 1. Provide the dispatcher with sufficient information so that a broadcast can be made. 2. Verify the suspected reasons for the person to be missing. 3. If the suspected reason for the person to be missing is due to advanced age, mental instability, or foul play or if the missing person is under twelve (12) years of age: a. Ensure a field supervisor is advised to make the scene. b. Complete a missing person affidavit and Medical Release Form. (1) A missing person affidavit is not required if the person is under eighteen (18) years of age. (2) The missing person affidavit must be signed by a source other than the investigating agency, such as a parent, legal guardian, next of kin, physician, or other authoritative source including a friend or neighbor in unusual circumstances. (3) The Medical Release Form is valid when signed by the adult missing person’s spouse, adult child who is reasonably available, parent, or legal guardian. A medical release for a missing child is valid only if the form is signed by the parent or legal guardian of the child. c. If applicable, notify the Alzheimer Association Safe Return program. 4. Present the missing person affidavit and Medical Release Form to the field supervisor who must ensure that both the affidavit and the Medical Release Form are signed by the proper authority. Both original forms must be forwarded to the Identification Section and placed in the Missing Persons box. 1. 5. When an officer responds to a missing person from an institution, the officer will determine if the missing person had been placed in the institution by a lawful court order. If so, the officer must: a. Obtain a copy of the court order. If a copy of the court order is not available, advise the reporting person that the missing person cannot be detained if located. b. Include information on the report, complete the missing person affidavit of persons eighteen (18) years of age or older, and the Medical Release Form. 6. Prepare a missing person report. a. If the child is missing in violation of a court order affecting custody and the child’s whereabouts are unknown to the person having custody, an Interference with Child Custody report will be made with the child listed as a missing person. Acopy of the report must be forwarded to the Crimes Against Children Unit and the Missing Person Detail in the Major Case Section. 7. Immediately cause the report to be entered by DRU by prioritizing the report. The report must be completed prior to the officer clearing the call. D. The responding field supervisor must: 1. Initiate a search of the immediate area. 2. Cause a copy of the signed missing person affidavit to be promptly delivered to the Police Information Center (PIC). This must be accomplished prior to the supervisor clearing the call. 3. If the missing person is a person missing from a court-ordered placement, cause one copy of the court order to be delivered to PIC and one copy to be delivered to the Identification Unit for placement in the Missing Persons box. 4. If circumstances warrant: a. Notify the Major Crimes Commander or designee. b. Call for additional personnel, which may include K-9, Mounted Patrol, or Air Support. c. Notify the division commander, or designee, and the Public Relations Office. d. Arrange for relief personnel if the search extends beyond the normal tour of duty. 5. If after a thorough investigation the supervisor deems further searching would be fruitless, contact the division commander, or designee, for permission to discontinue the search. E. Amissing person report may be taken by telephone unless the situation is one listed in 334.01 (B) requiring an officer and field supervisor to be dispatched to the location. 1. The police personnel receiving the initial call must verify the missing person does not meet the criteria of Section B and transfer the reporting person to DRU. 2. Reports may be taken by telephone from state or private institutions if the missing person is twelve (12) years of age or older and under eighteen (18) years of age. 3. If the reporting person is outside the city and reports a missing person who would meet the criteria of Section B, a report may be taken by telephone. 4. The DRU personnel must promptly provide the dispatcher with a description of the missing person so a broadcast can be made. F. The Police Information Center (PIC) personnel must expeditiously enter persons under eighteen (18) years of age, or persons eighteen (18) years of age or older when a missing person affidavit is received, into NCIC. In the case of a missing person who is reported to suffer from dementia or Alzheimer disease, the Alzheimer’s Association Safe Return crisis number must be contacted. G. The Missing Persons Detail must: 1. Maintain a file of all missing persons reports. 2. Maintain all original affidavits and Medical Release Forms. 3. Coordinate obtaining a Medical Release Form when the report was taken by telephone. 4. Mail the forwarded medical records to the Texas Department of Public Safety Missing Persons Clearinghouse. H. During the hours that the Missing Persons Detail is closed, inquiries from field personnel of missing person status may be made to PIC. I. Cancellation of missing persons reports. A. 1. All calls that involve the return or location of missing persons that originally necessitated a field supervisor to make the scene, as specified in General Order 334.01 (B), require that a patrol officer be dispatched to verify the return or location of the subject. 2. In cases other than those above, the person reporting the cancellation must be transferred to the Missing Persons Detail during their duty hours and to DRU during all other times. 3. In all cases, a supplement to the original report must be completed detailing the circumstances of the return of the subject that was missing. The supplement must be routed to the Missing Persons Detail, with a copy to the PIC, and the status of the case must remain open. PIC personnel must remove any data concerning the missing person from applicable computer systems. 4. Missing Persons Detail personnel must review all documents concerning the return of missing persons. If upon review, they determine the return notice was false or incorrect, they must supplement the offense, directing a copy to PIC instructing them to re-enter the subject into the proper computer system. Otherwise, they must be responsible for preparing a final supplement closing the case as soon as possible after receiving proper notification. 334.2 MISSING CHILDREN A. Officers receiving confirmation on an NCIC inquiry regarding the missing person status of a child who has not yet reached their seventeenth (17) birthday, if Texas residents, or if nonresidents, the age of emancipation according to the laws of their state must take the child into custody and transport the child to the Tarrant County Juvenile Detention Center. An incident or supplement report must be generated by the officer detailing the circumstances surrounding the location and apprehension of the juvenile. B. The Code of Criminal Procedure requires a law enforcement officer locating an individual, who has been reported as missing and has reached their seventeenth (17) birthday but has not reached their eighteenth (18) birthday, to take possession of the child and to deliver the child to the person entitled to possession of the child. If the entitled person is not readily available, the officer must contact PIC for notification to the Department of Protective and Regulatory Services for the purpose of taking custody of the child. The child must not be transported to the Tarrant County Juvenile Detention Center. 334.3 MISSING ADULTS A. Officers receiving confirmation on an NCIC inquiry regarding the missing person status of an individual who is eighteen (18) years of age or older if Texas residents, or if nonresidents, the age of emancipation according to the laws of their state must inform the subject that they are listed as a missing person and the origin of the report. Under no circumstances must an officer arrest the subject unless additional cause exists, such as a warrant of arrest, Texas Youth Council Directive to Apprehend, or other authorization by law to make a warrantless arrest of the subject. 1. If there is an outstanding warrant for the arrest of the subject or if the officer is authorized by law to make a warrantless arrest of the subject, the officer must take the subject into custody and make the required reports. 2. If the officer has no probable cause to arrest the subject and no warrant exists, the officer must release the subject and generate either an incident or supplement report explaining the details surrounding the location of the individual and the circumstances of the encounter. 334.4 ACTIVATION OF THE AMBER PLAN OR SILVER ALERT A. The Amber Plan is a cooperative effort between radio stations in Dallas/Fort Worth and local law enforcement agen- cies in North Texas. The plan provides law enforcement agencies access to local media in cases of abducted children. All participating radio stations will interrupt programming to broadcast the alert and any subsequent information provided by the police. The Texas Amber Alert Network is a statewide alert that works in coordination with the local activation plan. B. The Texas Silver Alert Network assists law enforcement statewide in the recovery of missing senior citizens with a documented mental impairment. Silver Alert resembles the Amber Plan using similar notification technologies to alert the public. C. Amber Plan A. 1. The Amber Plan must be initiated whenever a child seventeen (17) years of age or younger or an individual under proven mental or physical disability is abducted, the child is believed to be in danger of serious injury or death, and there is enough descriptive information about the child, abductor and/or suspect vehicle to believe an immediate broadcast alert will be helpful. In an effort to verify that an actual abduction has taken place, the supervisor in charge must consider the following issues: a. Danger presented to the child b. Age of child c. Time of occurrence d. Witness information e. Other facts that indicate child was abducted and is in danger of serious injury or death. 2. The Amber Plan must be initiated whenever circumstances indicate the need for an immediate large-scale, organized search for an abducted child. The officer must notify their supervisor with the details of the call. Using the following criteria, the supervisor will contact Major Case for the issuance of the alert. a. The child is seventeen (17) years of age or younger; b. The child has been abducted; c. The child is believed to be in immediate danger of serious bodily injury or death; d. The abduction has been confirmed and alternative explanations for the missing child have been eliminated and; e. Sufficient information is available to disseminate to the public that could assist in locating the child, the suspect, or the vehicle used in the abduction. D. Silver Alert The officer must notify their supervisor with the details of the call. Using the following criteria, the supervisor will contact Missing Persons for the issuance of the Silver Alert. 1. The missing person is sixty-five (65) years of age or older, 2. The senior citizen lives in Texas, 3. The senior citizen has a documented diagnosis of an impaired mental condition and their disappearance poses a credible threat to the senor citizen’s health and safety, 4. The disappearance is due to their impaired mental condition, 5. The senior citizen has been reported missing within seventy-two (72) hours of their disappearance, and 6. There is sufficient information available to disseminate to the public that could assist in locating the senior citizen. 335.00 STOLEN VEHICLES 335.1 STOLEN MOTOR VEHICLES A. The officer receiving the call must make the scene and obtain a description of the vehicle to include, if known, color, year, make, body style, license number, vehicle identification number, and any identifying characteristics such as visible damage, etc. Officers must ascertain the exact time or period of time the auto was believed to be stolen and the exact location it was stolen from. B. Personnel must inquire as to several phone numbers or locations where the complainant may be reached should the vehicle be located. C. Before broadcasting, an officer should determine if the vehicle was possibly repossessed. This must be done by contacting the Police Information Center. D. No report will be made for civil matters including, but not limited to, disputes over repair charges, buyer failing to make payments, repossessed vehicles, etc. E. When it is determined that a stolen vehicle offense has in fact occurred, officers must provide the vehicle description obtained from the complainant for the police dispatcher. The dispatcher must broadcast the information over the appropriate channels. F. Officers must check the area and call in the report as soon as possible. A. G. Officers must ensure that the Auto Theft Affidavit is completed and routed to the divisional Criminal Investigations Division. H. The recovery of stolen vehicles must be handled according to General Order 320.06. I. If the elements of the offense are met, officers must make an auto theft report. If the victim does not have all information available at the time of the report, the officer must complete the auto theft report with any available information and have the victim complete the auto theft affidavit. 1. If any victim or vehicle information was unavailable while the officer was completing the report at the scene, the officer will instruct the victim to call the non-emergency number as soon as possible to update the report with the missing information. If the license plate number is unknown, the officer may ask if any citations had been issued in the past and access court view database from the patrol vehicle. for the plate number. 2. Officers must fast track all auto theft reports in RMS. Once the auto theft report has been submitted, the officer must contact PIC and request the vehicle be entered in NCIC. J. Auto Theft Affidavit The auto theft affidavit is completed by the person who had care, custody and control of the vehicle when the vehicle was stolen and is not required to be the registered owner. Officers must instruct the victim to be detailed in the written statement and to include as much information as possible to assist in finding the vehicle. 1. Any video or audio recording of the victim’s verbal statement by the officer’s body camera must not fulfil the requirement of a written affidavit. 2. Officer must provide the appropriate language affidavit for the victim. If the victim is unable to complete the report due to injury, illiteracy or other issues, assistance may be provided by another person at the scene or the officer and the officer must note in the narrative the reason the affidavit was completed by another person or the officer. 3. Once the victim has finished the affidavit, the officer must review the affidavit for completeness , sign the affidavit as the witness placing signature and service number on all pages of the document, then forward the affidavit to the appropriate division Criminal Investigations Unit. K. Officers must immediately contact the Commercial Auto Theft Unit for stolen commercial vehicles. A commercial vehicle may include, but is not limited to, semi-trucks and trailers, bobcats and construction vehicles. If after normal business hours, the officer must immediately contact the on-call Commercial Auto Theft Unit detective. 335.2 FAILURE TO RETURN RENTAL VEHICLES/EQUIPMENT When an agency informs the department that a rented vehicle or piece of rental equipment has not been returned, the following must apply: A. If a person fails to return rental vehicles or equipment held under the rental agreement, the complainant must notify the appropriate Criminal Investigations Unit (CIU) to obtain a Theft of Service packet. B. The officer must tactfully notify the complainant an offense report will not be generated until the complainant notifies the appropriate Criminal Investigations Unit (CIU) concerning the theft and a Theft of Service packet is completed. Once the report has been completed and reviewed by a detective, the detective will request Communications to dispatch an officer to generate an offense report. 335.3 FAILURE TO RETURN LOANED/BORROWED VEHICLES A. Officers responding to missing vehicle calls must complete an incident report. Missing Vehicle reports are investi- gated by the Criminal Investigation Unit in the division in which the incident occurred. Before the investigation is initiated, the complainant must be willing to file criminal charges and pay any wrecker and impoundment fees for the vehicle. If the complainant refuses to agree to the conditions, a missing vehicle report and investigation will not be initiated. B. When investigation of a missing vehicle reveals a criminal offense, the report will be updated to reflect the appropriate offense. Reports will not be completed for civil matters including, but not limited to, disputes over repair charges, payments stopped, or legally married individuals in dispute over a vehicle. C. Complainants must complete an auto theft affidavit on all missing vehicles reports including information on the person having the vehicle and if permission to operate the vehicle has been terminated. The title of the incident report A. must be Missing Vehicle, not auto theft or unauthorized use of motor vehicle. Once completed, the affidavit will be forwarded to the appropriate division Criminal Investigation Unit. 336.00 ANIMAL AND FOWL COMPLAINTS 336.1 ORDINANCE VIOLATIONS A. The full responsibility for enforcement of the city code pertaining to animals and fowls must remain with the animal control division. B. When animal control officers are off duty and an emergency does not exist, officers must handle these calls, if possible, in such a manner as to prevent the necessity of having the animal control officer returned to duty. However, pertinent information should be forwarded to the animal control division concerning incidents where further action is to be taken. C. Police officers must respond to any call for assistance from animal control officers. However, officers must restrict their activities to assistance only assuring that animal control officers are able to carry out their assignment as per the demands of each situation. D. Police personnel receiving calls pertaining to animal or fowl ordinance violations should, under most circumstances, refer these calls to the animal control division for assistance. 1. If the animal control division is closed, the complainant must be told that officers must only respond to the scene of those calls involving the protection of life and property. 2. If the call involves animals pitted against one another as in dog fights or cock fights where the possibility exists that wagers or bets are placed on the outcome, the person or information should be referred to the Criminal Investigations Division. E. When officers make the scene of an incident involving a violent animal or fowl or where either has bitten a person, they must attempt to locate the animal and request that animal control officers be called to the scene. 1. If the animal or fowl is located running loose, the officer must keep it under surveillance until such time as animal control officers can make the scene and pick it up. 2. When animal control officers are off-duty, if the animal or fowl is in the yard and/or with its owner, the owner must be notified that the owner is required to keep the animal or fowl confined for a period of ten (10) days and animal control officers will contact them with detailed information. A detailed incident report must be directed to the animal control division indicating the name and address of the owner of the animal/fowl as well as a description of the animal/fowl. 336.2 LOOSE LIVESTOCK A. Livestock must be defined as a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, or a head of any species of cattle. B. Officers encountering calls of this nature must attempt to ascertain the ownership of the stock, either through persons on the scene or other officers who may have made previous calls regarding livestock. C. If ownership can be determined, the officer must request through the Police Information Center that the owner make the scene. D. If ownership cannot be determined, the officer must request through the Police Information Center that the Tarrant County Sheriff’s Office be notified to dispatch a commercial cowboy to take custody and control of the loose livestock. 1. The officer must continue to contain the livestock pending the arrival of the commercial cowboy. 2. If no immediate danger is determined and whenever practicable, the commercial cowboy and the officer will attempt to make arrangements with a nearby property owner with adequate grounds and facilities for the temporary impoundment of the animal(s). 3. If the loose livestock poses an immediate danger to persons or property in the area, the commercial cowboy will roundup the stray and deliver them to the nearest livestock impoundment facility. E. An incident report must be completed relating the type, number and condition of the livestock detained by the commercial cowboy called to the scene, and the identity of the commercial cowboy dispatched by the Sheriff’s Office. A. 336.3 ANIMAL CALLS A. Officers may use deadly force against animals only if persons are in imminent danger of death or serious bodily in- jury. 337.00 RESERVED 338.00 STRANDED MOTORISTS 338.1 TRANSPORTING STRANDED MOTORISTS A. A person experiencing car trouble, such as a flat tire, out of gas, etc., may be transported by the officer to the nearest facility to obtain assistance. B. Aperson whose vehicle has been rendered inoperable because of an accident may be transported home by the investigating officer, provided there are no other means of transportation available. C. In either of the above instances, the distance traveled must be reasonable and requires the permission of a supervisor. 338.2 OFFICER AND MOTORIST SAFETY A. Officers on routine patrol who observe an occupied vehicle parked with the hood raised or other indications of me- chanical failure must stop and investigate such vehicle to see if the motorist needs assistance. B. If such vehicle is occupied by a female, or a senior citizen regardless of gender, and it is during daylight hours, the officer must: 1. Ascertain if assistance is needed, transport the motorist to a safe location in accordance with General Order 338.01, and request needed assistance through the Police Information Center. 2. Request assistance from the Courtesy Patrol, if appropriate. 3. Remain in service. If a call is received, the officer must inform the motorist that they must answer a call. The officer must check back after completing the call. C. During hours of darkness, for any stranded motorist, the officer must: 1. Call out of service, ascertain if assistance is needed, transport the motorist to a safe location as per General Order 338.01. 2. Evaluate the situation for the safety of both the motorist and the officer. The officer may: a. Call for an additional unit to monitor traffic while the officer provides assistance. b. Make a reasonable attempt to move the vehicle from a traffic lane or other hazardous location. c. In a situation on a major freeway where the officer and the motorist are at risk, the officer must request assistance from the Fire Department to send a truck to develop a safety zone for the officer and the motorist. Examples of high risk situations include, but are not limited to, bridges and overpasses, disabled vehicle in a lane of traffic or inside shoulder, blind curves, or narrow roadways. 3. While awaiting the arrival of a requested wrecker, the officer and motorist may monitor the disabled vehicle from a safer location within viewing distance. Once the wrecker arrives, the officer will set up a safety perimeter for the personnel and the vehicle. D. Police Information Center personnel may notify the nearest road service facility when requests are received from field personnel. E. If a road service facility cannot be contacted, cannot respond, or other assistance cannot be routed to the safe location, the dispatcher must send an officer, with supervisory approval, to provide transportation subject to General Order 338.01. 338.3 VULNERABLE PERSON ACCOMPANYING ARRESTED PERSON A. At the scene of an arrest where the arrested person is accompanied by a juvenile who is not taken into custody or by an adult who is not arrested but is disabled, elderly, or incapable of arranging their own transportation, the arresting officer must be responsible for insuring the safety of the accompanying person. B. The arresting officer may direct an assist officer to transport the accompanying person to a telephone to call for assistance. The assist officer may also transport the accompanying person home provided there is no other means of transportation available. C. In either of the above instances, the distance traveled must be reasonable and requires the permission of a supervisor. 339.00 MINOR POLICE RESPONSES 339.1 MEET COMPLAINANT/UNIT/PERSON Meeting a complainant can involve almost anything, so officers are reminded to use caution when making a call of this nature. Officers should use courtesy and attempt to resolve the persons’s problem at the scene. When officers are unable to resolve the complainant’s problem, they must direct them to the Neighborhood Police Officer (NPO) or the proper person or agency who can assist, whenever possible. When it can be determined that an offense has been committed, the investigating officer must complete the necessary reports. Officers meeting other units must do so only to conduct official business and must complete this type of call as soon as possible. 339.2 SUSPICIOUS PERSONS AND PROWLERS A. Upon arrival, officers should use caution and scan the area for the subject. If the officers locate the subject, they should detain, investigate, and complete a field interrogation card or arrest the subject if necessary. B. The officers should contact the complainant and obtain as much information as possible about the subject. If apprehension is not made, this information must be given to the police dispatcher for broadcast over the appropriate channels. 339.3 FIGHTS A. When officers make the scene of a reported fight and the complainant wishes to file charges, an offense report must be made. B. On minor fights which occur within the officer’s presence, arrests may be made. Officers may issue citations for disorderly conduct-fight. C. Before issuing a citation for disorderly conduct, officers must check with PIC and the ID Section to determine if the arrested person’s criminal history shows three (3) or more guilty convictions for public intoxication, disorderly conduct, or a combination of both offenses in the last twenty-four (24) months. If three (3) or more guilty convictions are discovered, the arrested person must be transported to jail and charged with “Disorderly Conduct-Enhanced.” D. Officers should keep in mind all other disorderly conduct charges as they may become applicable while at the scene. Officers may use these to arrest and remove the actor, if they are committed while the officer is on the scene. E. On large gang fights, a minimum of two (2) officers must be dispatched. Officers should request additional help, if necessary, or consideration should be given to officers leaving the scene if their continued presence only serves to create or continue a disturbance. F. Officers should follow the procedures pertaining to assaults, if applicable. 339.4 INVESTIGATION CALLS Investigation calls are usually given by the dispatcher when the exact nature of a call is unknown. Officers must also use this type of call to advise the dispatcher that they are leaving the car to conduct an investigation into an unknown situation. d. Upon completion of a meal break, officers must call in service to the dispatcher by radio and immediately exit the premises, or press the 10-24 button on the MDC when returning to the vehicle. e. Number of marked units and officers permitted at one location: (1). The maximum number of marked police units allowed at one location for the purpose of a meal break is two (2). (2). For line personnel the maximum number of officers allowed at one location for the purpose of taking a meal break must be no more than four (4) officers, excluding supervisors and non-line personnel, (3). In circumstances, including, but not limited to, team meetings, special occasions, training, etc, the officers’ sergeant or above may temporarily waive this section. Permanent waivers issued from the Patrol Bureau must be in writing. (4). The limitation on the number of line officers in one location for a meal break does not apply to a police facility’s break room. f. Meal breaks are normally taken in the line officer’s assigned area. Meal breaks in an adjacent area, division, or adjacent division are permitted with permission from the officer’s supervisor. C. Exclusions If a bureau or division’s meal or coffee break procedure becomes unworkable, the deputy chief or civilian manager over the area in need of modification must ensure that a workable procedure is prepared and submitted to the Assistant Chief for approval. 340.2 COURT CALLS Officers must advise the dispatcher that they require a court call and specify the court they must be attending. Officers must appear promptly and after being released, should leave the building, clearing the call. Officers must follow standard procedure in obtaining certification of appearance slips from the court they attend. 340.3 FLAT TIRE The officer must call the dispatcher and advise that they must require a tire truck. The officer must be required to provide the location, car make, and equipment number, and must clear their call immediately after a flat tire is changed. 340.4 GARAGE CALL A. The total time an officer must be permitted on a garage call at any equipment services facility must be forty-five ( 45) minutes. When the repairs and/or maintenance require more time than allotted, it must be the officer’s responsibility to contact a supervisor. The supervisor may approve additional time or advise the officer to obtain another unit. Once the necessary items are taken care of, the officer must clear the call and advise the dispatcher that they must be en route to their beats or assignment. B. If a unit is disabled, the officer must contact their respective dispatcher. 1. The officer must be required to provide the equipment number, make of the vehicle, and current location. The dispatch coordinator, when notifying the Equipment Services Division, must ascertain the estimated time of arrival (ETA) of the garage unit. 2. If the officer is advised by the dispatcher that the ETA exceeds one (1) hour, then it is the responsibility of the officer to contact a supervisor to ascertain whether to stand by or take immediate steps to obtain another vehicle.. 340.5 RADIO REPAIR Officers must request this type of call when in need of radio repair. They must proceed to the radio shop for repairs, clearing the call as soon as repairs are completed. 340.6 REPORT TO HEADQUARTERS Unless otherwise directed, officers dispatched to this type of call must report to the appropriate division office. 340.7 UNIT SECURED To terminate duty before the end of a normal shift requires a supervisor’s approval. The officer securing the unit must advise the dispatcher as soon as possible after receiving the permission, and state under whose authority this request was granted. In some cases, when air traffic is heavy, this notification may be completed by telephone. 340.8 CALL FOR CRIME SCENE SEARCH UNIT This type of call is used when officers need to request a crime scene search unit at the scene of an offense. 341.00 JUVENILE 341.1 CHILD ARREST PROCEDURE A child is defined as a person ten (10) years of age or older and under seventeen (17) years of age; or seventeen (17) years of age or older and under eighteen (18) years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming seventeen (17) years of age, as defined in Chapter 51, Title 3, Section 51.02 (2)(A)(B) of the Family Code. These children may be taken into custody. Youth Services personnel will provide guidance on handling cases requiring procedures unique to children when requested. A. Should the violator be under ten (10) years of age, the following must prevail: 1. Officers will attempt to release the violator to the parent, guardian, custodian, or other responsible adult and must prepare an incident report. The officer will state in the first sentence of the narrative that a copy of the report be directed to the Texas Department of Family and Protective Services, Child Protective Services Division. 2. If a violator’s parent, guardian, custodian, or other responsible adult are present at the scene, but the circumstances are such that the violator cannot be released to that parent, guardian, custodian, or other responsible adult, the officer will place the violator into custody of the Texas Department of Family and Protective Services, Child Protective Services Division. 3. If a parent or guardian is not present at the scene and cannot be quickly located, the officer must transport the violator to an approved juvenile processing office. The officer will remain with the violator while continuing to locate a parent/guardian. A violator under ten (10) will not be detained in a Youth Services holding cell. The violator will not remain in Police Department custody for more than six (6) hours. If a parent or guardian cannot be located, the officer will place the violator into custody of the Texas Department of Family and Protective Services, Child Protective Services Division, following the procedures outlined in General Order 341.04. B. School Offenses 1. School offense defined as an offense committed by a child enrolled in public school that is a Class C misdemeanor, other than a traffic offense, and is committed on property under the control and jurisdiction of a school district. 2. For purposes of this section, a child is defined as being a student at least ten (10) years of age and under seventeen ( 17). 3. Officers should complete a “School Information Only Report” when investigating an incident matching this criteria and list the child as a “school offender.” The child must not be referred to as a “suspect” throughout the report but as a “school offender.” Officers should end their reports with “closed other.” 4. Officers cannot issue citations for school offenses. 5. Officers can refer these incidents to the individual designated by the school district; however, the officer can not give a copy of the report to the school. 6. The school will be responsible for contacting Municipal Court to file complaints if so desired. C. Field Release Procedures 1. Officers making custodial arrests of children for Class C misdemeanor offenses (except traffic and school offenses) must issue a General Complaint citation to the child. When issuing a General Complaint citation, the officer will release the child to the custody of their parent, guardian, custodian, or other responsible adult and complete all necessary incident or supplemental reports listing the child as cited. Officers should gather all necessary information regarding the child for the report to include the school they last or are currently attending and both parents information. If the child’s parent, guardian, custodian, or other responsible adult cannot be found quickly, the officer will bring the child to an approved juvenile processing office and remain with them until the parent, guardian, custodian, or other responsible adult can take custody of the child. 1. a. If the circumstances are such that the child cannot be released to a parent, guardian, custodian, or other responsible adult within six (6) hours of arrest, the arresting officer will place the child into the custody of the Texas Department of Family and Protective Services, Child Protective Services Division. b. Any child taken into custody, without unnecessary delay, must be taken to a Juvenile Processing Office (JPO). A child may not be detained in any facility other than a JPO; to do so may affect the outcome of the case. 2. When an officer conducting an initial investigation in the field determines there exists probable cause and the authority to arrest a child for any Class A or Class B misdemeanor, or State Jail Felony not involving violence to a person, or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code, Driving While Intoxicated, auto theft, controlled substance offenses other than marijuana, the officer must field release the child to the custody of a parent, guardian, custodian, or other responsible adult if the child does not have a previous arrest record. The officer must first contact the Tarrant County Juvenile Detention Center Intake line to determine if the child has an arrest record. If no record, Officers must instruct the parent/guardian to contact Youth Services the next business day at 0900 to schedule an appointment to be interviewed. After release of the child to the custody of their parent, guardian, custodian, or other responsible adult, the officer will complete all necessary incident or supplemental reports listing the child as arrested. Officers must gather all necessary information regarding the child for the report to include the school they are attending or last attended, and both parents information. a. If a parent, guardian, custodian, or other responsible adult is not present at the scene and cannot be quickly located, the officer must transport the juvenile to an approved juvenile processing office. The officer will remain with the child while they continue to locate a parent/guardian for the child. b. If circumstances are such that a child who meets the requirements for field release, cannot be released to a parent, guardian, custodian, or other responsible adult within six (6) hours of arrest, or due to circumstances created by the actions of the child, the arresting officer will contact their supervisor for approval to transport to Tarrant County Juvenile Detention Center. D. Arrest Procedures 1. When an officer conducting an initial investigation in the field determines probable cause exists and the authority to arrest, the officer will take the child into custody and transport them to the Tarrant County Juvenile Detention Center or other county juvenile services detention center as necessary for the following offenses: a. 1st , 2nd, or 3rd degree Felony offense, or Capital Felony; b. State Jail Felonies and Class Aor B misdemeanors involving violence to a person, or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code, DWI, auto theft, controlled substance offenses other than marijuana; or c. Any Class B misdemeanor or higher offense where the child has a previous arrest record with Tarrant County Juvenile Services. 2. Upon arrival at the Tarrant County Juvenile Detention Center’s intake desk, the arresting officer will complete the affidavit and present it to the intake person. If the intake person determines that no probable cause exists, the officer will release the child to the parent/guardian. If the parent/guardian cannot be located, the officer will transport the child to an approved juvenile processing office and remain with them. The child must not be confined in a holding cell. The child will not remain in Police Department custody for more than six (6) hours. If a parent, guardian, custodian, or other responsible adult cannot be located, the officer will place the child into custody of the Texas Department of Family and Protective Services, Child Protective Services Division. 3. Upon determination of probable cause the officer will complete; a. The Detention Center’s intake forms, b. For all counties except Tarrant, the “Referral/Identification” portion of the Texas Department of Public Safety Juvenile Justice Reporting Form(CR-43J), and c. The Texas Department of Public Safety Supplemental Juvenile Justice Reporting Form(CR-44J) for multiple charges, if applicable. E. Detective Investigation Procedures A. 1. When any child is taken into custody for a Class B or above offense, and has a previous arrest record, the case must be filed unless the investigation reveals a lack of probable cause, or that a mistake of fact resulted in the misidentification of the child. 2. Custodial interviews of children may only be conducted in Juvenile Processing Offices, and written statements or orally-recorded statements may only be obtained after they are warned of their constitutional rights by a judge. 3. Investigative units filing in-custody child cases must, within seventy-two (72) hours of the time of arrest, investigate and prepare all necessary paperwork related to the offense. Detectives assigned the follow-up investigations of a case involving a child taken into custody, must within seventy-two (72) hours of the arrest either: a. Supplement the report and forward a completed case file to Youth Services; or b. In cases where lack of probable cause, insufficient evidence, or a mistake of fact resulted in the misidentification of the child, supplement the report and dispose of the case by completing a FWPD Juvenile Case Cover Sheet(form FWPD 001-35402-040) checking the box for Police Disposition-No Further Action Requested. Forward the cover sheet and complete report to Youth Services to be processed and forwarded to Tarrant County Juvenile Services. c. Investigative units examining reports who develop probable cause for the arrest of children who are listed as suspects for offenses that qualify for the First Offender Program, must dispose of the case according to Family Code Section 52.031. These guidelines consist of the following; (1) Adetective conducting an investigation, must determine if there exists probable cause and the authority to arrest a child for any Class A or Class B misdemeanor, or State Jail Felony not involving violence to a person, or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code, DWI, auto theft, controlled substance offenses other than marijuana, or has been previously arrested. (2) Investigative units determining the child suspect meets the criteria will complete an out-of-custody juvenile case packet, listing the child as arrested in their supplement. Detectives should gather all necessary information regarding the child for the report to include the school they last or are currently attending and both parents information. (3) Investigative units must inform the child’s parent, guardian, or custodian, to contact Youth Services by 0900 the next business day and that their failure to do so will result in filing of the case with Tarrant County Juvenile Services. (4) The investigative unit must inform Youth Services of the referral and forward their completed packet to Youth Services to be stored until the child either completes the First Offender Program, or, fails and the case is filed out-of-custody with the appropriate County Juvenile Services 4. For all children taken into custody for multiple Class B or above offenses, where a disposition without referral is not authorized, the detective will file all charges pending against the child unless there exists a lack of probable cause, insufficient evidence, or a mistake of fact resulted in the misidentification of the child. 5. Detectives must file all cases involving complainants who are unresponsive, uncooperative, or later wish to dismiss charges. Youth Services will process and forward these cases to Tarrant County Juvenile Services. 6. Detectives assigned Class B and above offenses, who develop probable cause for the arrest of a child suspect, must either prepare a juvenile arrest warrant and comply with in-custody child arrest procedures, or file an out-of-custody case following the procedures outlined below: a. Detectives filing out-of-custody juvenile cases will investigate, prepare, and complete all necessary case file paperwork. This paperwork will include, for all counties except Tarrant, completion of the law enforcement section, “Referral/Identification,” of the Texas Department of Public Safety Juvenile Justice Reporting Form (CR-43-J), and if applicable, the Supplemental Juvenile Justice Reporting form (CR-44J) for multiple charges. b. For all cases filed out-of-custody, the detective must write the words “Out-of-Custody” across the top margin of the (CR-43J), and if applicable (CR44-J), if they are necessary, and check the box next to “Out-of-Custody” on the Juvenile Case Cover sheet and supplement the report. 7. Detectives receiving a report in which a child has been field released, must follow “out of custody” case filing procedures. 1. 8. The original and one copy of all completed paperwork and media related to the case filing and arrest will be sent to Youth Services. Youth Services will process and retain the original, and forward the case file copy to the appropriate county juvenile services. 9. Upon completion of an investigation where probable cause for the arrest of a child suspect has been developed involving Class C misdemeanor offenses, the detective will mail the child a General Complaint Citation through certified mail to the address of the child’s parent, guardian, custodian, or other responsible adult. The detective will supplement the report listing the child as cited. F. Fingerprints and Photographs of Child Suspects for Comparison Purposes 1. When an officer conducting an investigation determines there exists probable cause and the authority to arrest a child involved in an offense, the officer may take temporary custody of a child to take the child’s fingerprints or photograph for comparison purposes if: a. The officer has found other fingerprints at the offense location and has probable cause to believe that the child’s fingerprints will match, or b. The officer may take temporary custody of a child to take the juvenile’s photograph if the officer has probable cause to believe that the child’s photograph will be of material assistance in the investigation. 2. The fingerprints and photographs may be obtained at the Records Section if the officer is assured that no adult prisoners are in the Records Section. A law enforcement officer may obtain fingerprints or photographs from a child at a juvenile processing office or a location that affords reasonable privacy to the child. 3. If the child is released from temporary custody and not arrested, the fingerprints and photographs must be immediately destroyed if they do not lead to a positive comparison or identification, and the officer must make a reasonable effort to notify the child’s parent, guardian, or custodian of the action taken. 341.2 JUVENILE TRAFFIC OFFENDERS A. Under fourteen (14) years of age 1. When an officer encounters a juvenile traffic offender under fourteen (14) years of age, the officer must not issue the offender a traffic citation. The officer must make every effort to contact a family member, such as parent, guardian, custodian, or other responsible adult to come to the scene and take responsibility for the child and the vehicle. a. If the offender is age ten (10) to under fourteen (14) years and circumstances are such that the child cannot be released to a parent, guardian, custodian, or other responsible adult, the officer will place the child into the custody of the Texas Department of Family and Protective Services, Child Protective Services following the procedures outlined in General Order 341.04, or take the child to an approved juvenile processing office. The child will not be detained for more than six (6) hours at the police department. b. If the offender is age seven (7) to nine (9) years and a responsible adult cannot be located, the officer will place the child into the custody ACH Child and Family Services (formerly All Church Home). c. If no contact can be made, or nobody will come to the scene to take responsibility for the vehicle in a reasonable length of time (30 minutes or less), the officer must impound the vehicle. 2. For all incidents involving juvenile traffic offenders under fourteen (14) years of age, an incident report will be generated. Acopy of the incident report will be forwarded to the Texas Department of Family and Protective Services, Child Protective Services Division for all offenders under fourteen (14) years of age, with a copy also directed to the ACH Child and Family Services (formerly All Church Home) for offenders age seven (7) to nine (9) years. B. 14 to 16 years of age 1. Traffic offenders within this age group may be issued traffic citations. 2. The officer must inform the juvenile that they must appear in the Municipal Court on or before the date indicated accompanied by a parent, guardian, custodian, or other responsible adult. C. Juvenile Traffic Warrants 1. Juveniles must not be taken into custody when a warrant has been issued for a traffic violation. 2. The officer should advise the juvenile and their parent, guardian, custodian, or other responsible adult that a traffic warrant does exist. 1. a. The juvenile must appear before the Municipal Court accompanied by the parent, guardian, custodian, or other responsible adult for the warrant to be addressed by the judge. 3. If the violator is seventeen (17) years of age or above and the warrant was issued while the offender was a juvenile, they must be taken into custody and normal warrant arrest procedures must be followed. 341.3 WANTED JUVENILES TAKEN INTO POLICE CUSTODY A. Officers having occasion to check identification on juveniles in the field should contact the Police Information Cen- ter. B. Juveniles taken into custody for a Texas Juvenile Justice Department directive to apprehend should be handled in the following manner: 1. The juvenile suspect must be transported to the Tarrant County Juvenile Services Detention Center and released to the custody of the employees of that facility. 2. If the juvenile suspect is apprehended on a Texas Juvenile Justice Department directive to apprehend, the officer must make an incident report of the arrest, being sure to include the directive number furnished on the arrested person. C. Juveniles taken into custody for a Class B or above warrant must be transported to the Tarrant County Juvenile Detention Center. 1. The officer will complete all necessary intake forms. 2. If the juvenile suspect is apprehended on a departmental juvenile wanted or probable cause warrant, the officer must make a supplement to the original offense explaining the details of the arrest. 3. All juvenile arrests on probable cause warrants must result in the cancellation of the warrant in the same manner as probable cause warrants on adults. The arresting officer must sign the original warrant filed in the Identification Unit indicating the warrant has been executed, and Identification Unit personnel must deliver the warrant to the Youth Services. D. All juveniles taken into custody for Class B and above out-of-town warrants will be transported to the Tarrant County Juvenile Detention Center and processed. 1. The arresting officer will complete all necessary arrest forms. The arresting officer will also complete the offense or supplemental reports, stating in the first sentence of the narrative that the juvenile is under arrest for an out-of-town warrant with a copy of the report directed to the originating agency. E. A person who is seventeen (17) years of age and under eighteen ( 18) that is arrested for a warrant issued for their arrest as a result of acts committed before reaching seventeen (17) years of age must be transported to Tarrant County Juvenile Detention Center. 341.4 NEGLECTED, ABANDONED, OR ABUSED CHILDREN A. In general, any child under eighteen (18) years of age who is abused, neglected, abandoned, runaway, or in need of supervision is the responsibility of the Texas Department of Family and Protective Services, Child Protective Services Division. B. Runaways from ten (10) to sixteen ( 16) years of age should be transported to Tarrant County Juvenile Detention Center at night or on weekends. C. Children who have been located off-campus during school hours may be out of school with an excused absence. Officers encountering a student who is off campus should contact the SSI dispatcher or the SSI officer assigned to the school on the School Security Initiative (SSI) radio channel to determine if the child is out of school without an approved absence. If it is determined to be an unexcused absence, the student must be transported back to the school by the officer who has lawfully detained the student. The student must be released at the school to administrative personnel or to the SSI officer. The school district is responsible for providing attendance records to the truancy court; therefore, no incident report must be made unless an offense has occurred. D. The child protective services central intake office receives initial referrals and responds to night and weekend emergencies involving abused, neglected, or abandoned children. A staff worker is available for responding to emergencies or for information 24 hours a day, seven days a week. Neglected or abandoned children should be referred to ACH Child and Family Services (formerly All Church Home). A. E. In the event conditions of neglect, abandonment, or abuse of children are brought to the attention of this department, the procedure for handling these cases must be as follows: 1. The officer at the scene of reported neglect or abuse cases or where children are apparently abandoned must notify their immediate supervisor. 2. The supervisor must determine if the Child Protective Services or the ACH Child and Family Services (formerly All Church Home) is to be contacted, and if so, must inform them of the existing situation. The supervisor and Child Protective Services must determine whether the child is to be picked up at the scene by a staff worker taken to the nearest division to be picked up later, or transported to a place designated by Child Protective Services. The supervisor must determine if photographs are to be taken and must cause Crime Scene Search officers to be notified of the location where the photographs can be taken. 3. If the Texas Department of Family and Protective Services, Child Protective Services or ACH Child and Family Services (formerly All Church Home) have no personnel available to come to the scene, the supervisor on the scene must be responsible for providing transportation of the children to the location designated by authorities at the Child Protective Services or the ACH Child and Family Services. 4. The officer on the scene must provide a report to the Texas Department of Family and Protective Services, Child Protective Services and the supervisor on duty with all pertinent information including child’s name, race, date of birth, parent’s name and addresses, relatives’ names and addresses, interested neighbors, witnesses, and the action taken regarding each child. The location of where each child was taken must not be mentioned. 5. All inquiries regarding neglected, abandoned, or abused children placed in temporary care must be referred to the Texas Department of Family and Protective Services, Child Protective Services and under no circumstances must any unauthorized person be given the address of any location where the child was placed. This includes parents, relatives, friends, or others not directly involved in the investigation of these cases. 342.00 HOSPITALS 342.01 POLICE RESPONSIBILITY A. The relationship between doctor and client is confidential and therefore, access to a patient’s medical records must be limited only to that information necessary to complete basic police functions. B. Officers should be mindful that it is only the responsibility of medical personnel to provide police officers only those records necessary for the completion of police functions. C. Medical personnel cannot, at the expense of jeopardizing the patient’s physical and mental well being, permit any form of interviewing without the attending physician’s concurrence. No interview must take place until permission is granted D. Persons in police custody brought to the emergency room for examination and treatment must not be left unattended by police officers during the course of their stay. It is necessary that a police guard be present at all times to assure the safety of not only the person in custody, but other patients, visitors, and employees as well. E. When relieving an officer on guard detail, the relieving officer must be advised of the charges and other pertinent information regarding the patient by the officer being relieved. F. Persons in police custody must not be allowed visitors without the approval of the investigative supervisor with jurisdiction over the case. G. When notified of a person’s pending release from a hospital or other agency, the officer must contact the jail supervisor for guidance on the disposition of the person. 343.00 POLICE ASSISTANCE TO OUTSIDE AGENCIES 343.01 ASSISTANCE TO OUTSIDE DEPARTMENTS OR AGENCIES A. Police officers may respond to calls for assistance from any City of Fort Worth department or from a private or out- side agency. B. Officers on the scene of these calls must restrict their activities to rendering assistance only. A. C. Police personnel may assist by obtaining identifications and verifying ownership or other necessary procedural functions. D. In all instances where a police officer is called to assist officials of another city department or representatives of a private business concern, it must be the officer’s responsibility to prevent a disturbance or physical harm to any person or persons involved. E. Officers must assist only in those cases where their involvement would not constitute a violation of the law or department General Orders. 344.00 REPORTING SYSTEM 344.1 OFFENSE/ INFORMATION REPORT PROCEDURES Officers are required to document all calls for service, as well as administrative markouts. Officers must document calls by providing the relevant information regarding their handling of a call in the details/information section, along with call disposition. A. Offense Reports Offense reports are required anytime an officer has received information that a violation of a criminal offense has occurred. Primarily offense reports are submitted electronically using the current Records Management software (Tiburon). The submission of an offense report is made from either a patrol vehicle’s MDC or a desktop computer. 1. Detailed instructions for completing offense reports and other issues involved with entering reports into the RMS or Tiburon software are found on the police portal under Training documents. 2. Officers must utilize the report verification tool to validate and proof the report Reports that need to be changed can be “reopened” by the officer or “unapproved” by the supervisor for corrections. 3. Supervisors must review all reports within seventy-two ( 72) hours of submission. Supervisors should also check that officers are correcting unapproved reports in a timely manner. B. Information Reports 1. Information reports are used as a basis for a potential future offense report and to provide investigative information. Information reports are submitted in the same manner as above. 2. Although an offense report is not necessary for Class C warrant arrests, the officer may initiate an information report detailing any pertinent information. C. Fast Track 1. Offense/Information reports must be fast tracked for the following situations: a. An arrest, other than Class C warrant, has been made. b. Stolen and/or recovered vehicles c. Missing persons, including runaways. 2. Supervisors must review all fast track reports before the end of their tour of duty. Fast track reports holding in queue must be reviewed by the on-duty supervisor. D. All offense/incident reports must be submitted as soon as reasonably possible and, in all instances, before the end of the officer’s tour of duty. 1. All other required paperwork including, but not limited to, accident reports, citations, etc., must be completed or submitted electronically before the end of the officer’s tour of duty. No calls will be cleared from any location other than an on-duty site. 2. The primary officer assigned the call will be responsible for ensuring that all required reports related to the call are completed. E. The primary officer assigned the call must be in charge of the scene until relieved of the responsibility by a ranking officer or an officer of an investigative unit. F. The ARS software automatically generates crime coding criteria when the officer enters the offense; therefore, officers must enter all information completely and accurately to ensure proper reporting. A. 344.2 SUPPLEMENT REPORTS A. Supplement reports are used to correct existing offense reports, to add additional information, to change the status or classification of a report, or to include comments regarding the investigation of an offense. B. If supplementing a previously entered report, enter the report number and type “N” in the supplement number block. 344.3 IDENTIFYING PERSONS BY RACE/ETHNICITY In order to maintain consistency in recording the race and ethnic identity of individuals in police reports/records and in compliance with FBI/ NIBRS regulations, all department employees must use the designations for race and ethnicity under the applicable tabs in the RMS software. 344.4 FIELD INTERVIEW SYSTEM A. The Field Interview System in the ARS must be used to record information on all suspicious persons or in instances where the officer believes information should be centrally retained for future reference. B. Field Interview (FI) reports must be approved by the designated crime analyst for the section in which the officer entering the FI is assigned. 344.5 CONTAMINATED REPORTS/DOCUMENTS Reports/Documents which are possibly contaminated due to exposure to infectious diseases must be copied on a clean form before submission. The contaminated copy must be disposed of in a safe manner. This is not to be confused with documentary evidence which, if contaminated, will be submitted in a sealed bag and marked as a bio-hazard. 345.00 RESERVED 346.00 VIN VERIFICATION AND SALVAGE VEHICLE INSPECTIONS 346.1 VIN VERIFICATIONS A. When requests are received by persons desiring to register their vehicle in Texas, and the vehicle was last registered or titled out of state, that person must be advised to take the vehicle to the nearest state inspection station. B. Before the vehicle can be registered in Texas, it must first pass the Texas safety inspection. The person performing the inspection must verify the VIN number at the time the safety inspection is made. C. Officers must refrain from advising citizens to go to the Police Auto Pound to have the VIN verified. 346.2 SALVAGE VEHICLE INSPECTIONS A. All restored salvage vehicles must be inspected by a law enforcement officer prior to obtaining a motor vehicle title. The proper form must be filled out and certified correct by the officer performing the inspection. B. All inspections for such vehicles by this department must be made by the Commercial Auto Theft Unit. Inspections of these vehicles, except travel trailers and mobile homes, must be made during the hours set by the Commercial Auto Theft Unit or by appointment only. C. Travel trailer and mobile home inspections must be held at a place which the circumstances dictate. The location of such inspections must be at the discretion of the Commercial auto theft detective, subject to supervisory review. D. All personnel who receive requests for inspection of restored vehicles must refer the requesting party to the Commercial Auto Theft Unit. 347.00 COMMUNITY POLICING STRATEGIES 347.01 NUISANCE ABATEMENT A. The Texas Nuisance Abatement Statutes, found in Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code (TABC), permit law enforcement agencies to close any piece of property involved in illegal activities, such as violations of the Texas Penal Code, the Texas Alcoholic Beverage Code (TABC), and the Texas Controlled Substances Act. Nuisance abatement is a civil action initiated by the Office of the Attorney General and the Fort Worth Police Department against a real property location, and the owner of the real property. Action which may be taken against the property owner depending on the nature of the nuisance abatement are: 1. Property closure for a period of six (6) months to one (1) year, once the property has been determined to be a nuisance and after a successful suit, unless a surety bond is posted by the property owner. 2. If a surety bond is posted and the illegal activity continues in violation of the court order and in violation of the bond, the bond may be forfeited and the property may be mandatorily closed for a period of one (1) year. B. Officers determining that a particular property may constitute a common nuisance based on statutes will include any of the following documentation to assist in developing a case: 1. A written, sworn deposition from the officer denoting the types of activity observed, whether the officer has reason to believe the illegal activity will continue if abatement action is not taken, and the specific basis for this belief. 2. Offense/incident reports pertaining to the property in question. 3. General complaint citations pertaining to the property in question. C. It must be the responsibility of the investigating officer(s) to compile the information and statistical data on the particular property and present the file through their chain for submission to the Attorney General’s office. The assigned officer must be responsible for updating information to the Attorney General’s office through reports from the involved division. 348.00 RESERVED 349.00 RESERVED 350.00 RESERVED 351.00 SPECIALIZED PATROL UNITS 351.1 BICYCLE PATROL UNIT A. The primary functions of Bicycle Patrol are to deter street crime and increase the public perception of safety for citi- zens in certain target areas through response to violations of the penal statutes, public relations, and crime prevention education. B. Bicycle Patrol Unit(s) must develop and maintain a SOP relating to operation of the Bicycle Patrol and the response to citizen and community needs within their geographic assigned area. C. Law Enforcement Bicycle Association (L.E.B.A.) certification and all subsequent training must be coordinated through the administrative supervisor of the Central Bicycle Patrol Unit and the assigned training coordinator of Bicycle Patrol. The Central Division Bicycle Patrol Unit must maintain a sufficient number of L.E.B.A. certified instructors to allow for periodic certification and refresher classes for qualified officers. D. For the safety of the officers, all officers assigned part-time or full-time to patrol on a bicycle must be certified by the L.E.B.A. prior to assignment to bicycle patrol. In the event an officer who is not L.E.B.A. certified and is assigned to bicycle patrol, the officer must ride with a L.E.B.A. certified officer until attaining the certification. E. Officers assigned to bicycle patrol duties in any division must wear the prescribed uniform and maintain the bicycle specifications as stated in the General Orders and the Central Division’s Bike Patrol Unit Standard Operating Procedures. 351.2 MOUNTED PATROL UNIT A. The Mounted Patrol Unit is responsible for improving the department’s image through the application of crime pre- vention measures and by establishing credibility and support for the department through positive contact with citi- zens of the community and visitors to the city. The Mounted Patrol Unit is also responsible for deterring street crime and increasing the public perception of safety for citizens. B. Mounted Patrol officers must handle all on-view offenses, arrests, and minor accidents unless circumstances make it impossible for them to do so. C. Due to the Mounted Patrol Unit’s limited mobility, the patrol officer must maintain original priority on calls for service within the area patrolled. Any call requiring the officer to change location to complete the investigation must be dispatched to the appropriate division officer, whenever possible. D. The Mounted Patrol Unit must maintain a high level of training in crowd control and crowd movement techniques. 2. An employee involved in non-traffic incidents resulting in death or serious injury to any person, including employees, wherein the involved employee’s status as a member of the department is relevant to the incident. Serious injury is defined as being when any person is hospitalized as a result of injuries sustained in a police related incident. 3. The death of any person in department custody or in the custody of the Fort Worth Police Department holding facility or other detention facility as a result of a Fort Worth Police Department arrest prior to case being filed. 4. Any discharge of a firearm within the city limits of Fort Worth by a law enforcement officer whose ordinary jurisdiction does not include the City of Fort Worth, whether or not the incident is in the scope of their duties as a law enforcement officer, and the discharge is not at the weapons range. 5. Any event in which a law enforcement officer whose ordinary jurisdiction does not include the City of Fort Worth is struck by gunfire, is seriously injured, or seriously injures another (non-traffic related) as a result of events occurring within the City of Fort Worth, whether or not the incident is in the scope of their duties as a law enforcement officer. 356.2 INVESTIGATION TEAM A. The Critical Police Incident Investigation Team must consist of designated members of the Major Crimes Section. The Major Crimes Section lieutenant must be the officer in charge of the Critical Police Incident Investigation Team. B. The appropriate response of Major Crimes personnel to a critical police incident must be determined by the Major Crimes lieutenant, or designee. 356.3 ASSIGNED INVESTIGATIVE PERSONNEL Investigative personnel assigned to investigate a critical police incident must explore and record the facts surrounding the incident in a manner that results in a complete and factual presentation of all relevant circumstances. The investigative procedures must ensure proper fact-finding and appropriate presentation of a thorough and complete report including the entire pattern of conduct of the involved employee. A. All Critical Police Incidents must be investigated by the Critical Police Incident Investigation Team. 356.4 INVOLVED EMPLOYEE RESPONSIBILITIES A. On-duty employees of the department who become involved in or aware of a critical police incident must immedi- ately notify the Police Communications Division dispatcher and their immediate supervisor. B. Off-duty employees of the department who become involved in or become aware of a critical police incident must immediately notify the Police Communications Division supervisor. C. Employees involved in a critical police incident within the jurisdiction of this department must not discuss the incident in detail with any persons other than the initial responding supervisor or assigned investigating personnel. D. Employees involved in a critical police incident outside the jurisdiction of the department must cooperate with the investigating agency and request that Fort Worth Police Department Internal Affairs be notified. E. No other notifications must be made other than those listed above without direction from the highest ranking supervisor of the Critical Incident Team or Internal Affairs, based on investigative responsibility. 356.5 POLICE COMMUNICATIONS DIVISION RESPONSIBILITIES A. When notified of a critical police incident, the dispatcher must: 1. Ensure an appropriate field response, including a field supervisor, is initiated when the incident occurs within the jurisdiction of the department. 2. Immediately notify the Police Communications Division supervisor. B. When notified or otherwise becoming aware of a critical police incident, the Police Communications Division supervisor must: 1. Ensure that an appropriate field response has been dispatched. 2. Notify the officer in charge of the Critical Police Incident Investigation Team. 3. Ensure other notifications as directed by the concerned lieutenant and/or officer in charge of the Critical Police Incident Investigation Team. 4. Ensure notification is made to the Chief of Police and the appropriate deputy chief. 5. Ensure notification is made to the Public Relations Office. 1. 6. Ensure the lieutenant and/or division captain/manager of the involved employees are immediately notified. 7. Ensure notification of Peer Support. NOTE: Numbers 2 through 7must be accomplished regardless of jurisdiction. C. No other notifications must be made by the Police Communications Division other than those listed in section B above without direction from highest ranking supervisor of the Critical Incident Team. 356.6 FIELD UNIT RESPONSIBILITY A. Initial responding units must: 1. Take necessary and proper law enforcement action to safely resolve any high risk situation still ongoing. 2. Ensure medical personnel, when required, are called to the scene and, if appropriate, render first aid to any injured person. 3. Ensure the protection of the crime scene. 4. Thoroughly document the identity of any available witnesses. B. The initial responding first-line supervisor must: 1. Assume field command of the situation, determine the category within which the incident falls, ensure appropriate notification, and remain in command unless properly relieved by a superior officer. 2. Care for the needs of the involved employees and ensure employees remain at the scene unless conditions dictate otherwise. 3. Ensure all activities are carried out in accordance with department procedures and, if appropriate, assume field command of the incident. 4. Ensure the crime scene is properly secured and protected with tightly controlled access until the arrival of assigned investigative personnel. a. Emergency medical personnel must be allowed access to the scene to render aid. b. The first arriving member of the Critical Police Incident Investigation Team must assume responsibility for the crime scene and must be responsible for controlling all notifications. It must be that officer’s responsibility to ensure that access by any person to the crime scene is appropriate and necessary. c. Upon arrival at the scene, the Crime Scene Search Unit will assume responsibility for the crime scene. 5. Develop sufficient information to provide an overview to the assigned investigative personnel keeping in mind that in-depth interviews of involved and/or witness employees in the incident must be conducted only by the Critical Police Incident Investigative Team. 6. Establish a Crime Scene Log listing the names and assignments of all personnel, including police, fire and ambulance personnel, who come to the scene. The log must indicate their time of arrival, their purpose, and their time of departure. 7. After logging their presence, cause employees present at the scene and not involved as participants or witnesses and not necessary to the successful operation at the scene to be immediately returned to their regular duties 8. Coordinate with the assigned investigative personnel providing whatever assistance is required. 9. Complete the initial Use of Force report and in the narrative section state only “This critical police incident is being investigated by Major Case.” 356.7 INVESTIGATIVE RESPONSIBILITIES The assigned or appropriate investigative personnel for a critical police incident must be as indicated in General Order 356.03. A. The assigned investigative personnel must be responsible for initiating or ensuring the completion of the preliminary offense/incident report related to a critical police incident, the investigation of the incident, and for the completion of all related reports, including the Critical Police Incident Data Input Sheet. B. All involved employees, witness employees, and civilian witnesses must be interviewed in a manner consistent with proper and accepted methods of investigation. C. The officer in charge of the Critical Police Incident Investigation Team may designate other members of the department to assist with interviewing and documenting witnesses. Comprehensive interviews of an involved and/or witness employees must be conducted only by members of the Critical Police Incident Investigation Team. D. The Critical Police Incident Investigation Team must record interviews with involved and/or witness employees. A. NOTE: Involved or witness employees must not submit inter-office correspondence reports of the incident. E. The Major Case clerk will maintain the Critical Police Incident Log, and will ensure the following information is recorded for each critical police incident: 1. Case number 2. Date occurred 3. Offense/Incident Report number 4. Investigator’s name 5. Officer(s) involved 6. Complainant/Suspect name(s) 7. Date due (date the investigation must be completed as dictated by General Orders) 8. Disposition F. Critical police incident investigation reports must be completed no later than forty-five (45) administrative workdays following the day of the incident. 1. The officer in charge of the Critical Police Incident Investigation Team must submit the report to the Chief of Police or designee. Once the review process is complete, a copy of the recommendations must be forwarded to the Major Crimes Section lieutenant for filing with the original case package. G. The Critical Police Incident Investigation Team must be responsible for conducting criminal investigations within the jurisdiction of the department, and for preparing and presenting the case for prosecution against any person other than a department employee, when appropriate, in critical police incidents. H. The officer in charge of the Critical Police Incident Investigation Team must inform the Chief of Police when it appears necessary to conduct a criminal or disciplinary investigation against any employee of the department due to their involvement in a critical police incident. 1. Criminal investigations against department employees must be conducted by the appropriate criminal investigation unit. 2. If the investigation reveals information regarding employee misconduct, the Major Crimes Section lieutenant or designee, must be responsible for ensuring the completion of a Personnel Complaint form in accordance with General Order 410.06. Administrative investigations surrounding the circumstances of a department employee involved in a critical police incident must be conducted by Internal Affairs. I. Any statements released to the news media must be coordinated with the Public Relations Officer. J. Employees becoming the focus of a criminal investigation related to a critical police incident may consult with legal counsel prior to any interviews dealing with the criminal focus of the investigation. Legal counsel or similar representation should not be contacted from the scene of a critical incident, but the opportunity to contact said counsel must be provided as soon after leaving the scene as possible. No statement taken in the administrative investigative process must be included or otherwise used whenever this department pursues criminal charges against any involved employee. K. On any critical incident concerning an officer-involved shooting, the supervisor of the Critical Incident Team must send a copy of their investigation, including the incident or offense reports, to the rangemaster at the Police Training Division. Copies must be sent following the review and approval of the investigation by the Chief of Police. 356.8 DIVISION CAPTAIN’S RESPONSIBILITIES The support and welfare of an employee involved in a critical police incident is of primary concern to the department; therefore, the division captain of an employee involved in a critical police incident must: A. Immediately remove the employee from regular duties and reassign the employee administrative duties or to appropriate leave time. B. Contact Peer Support on the next normal working day and schedule a discussion session for the involved employee to ensure the employee is aware that counseling and support measures are available. C. Keep the employee informed about the investigation as information becomes available. D. Return the employee to regular duties when determined to be appropriate and with the concurrence of the deputy chief. E. Keep the Chief of Police informed of the duty status of involved employees. A. 356.9 GRAND JURY REVIEW A. All incidents resulting in a death of a person which involves a police officer must be submitted to the grand jury for review. B. All incidents resulting in injuries, but not death to a person which involves a police officer acting in an official capacity, must not require submission to the grand jury for review. Upon review, division captains or deputy chiefs, and Assistant Chief(s) may recommend that the Chief of Police submit the incident to the grand jury for review if their findings indicate the need. The incident, upon the approval of the Chief of Police, may be submitted for a grand jury review. C. The department must furnish to the Tarrant County District Attorney’s office, upon their request, all criminal investigative material relative to any incident which resulted in injury to a person involving a police officer acting in an official capacity. D. In those instances when it becomes necessary to present information for review by the Tarrant County Grand Jury, the Critical Police Incident Investigation Team must be responsible for all information resulting from the criminal investigation against the suspected actor(s). If the investigation is to be submitted for the purpose of seeking criminal prosecution against a department employee, the matter must be submitted by the appropriate criminal investigation unit. 356.10 CRITICAL POLICE INCIDENT TACTICS REVIEW BOARD The Fort Worth Police Department, through the process of a review board, will evaluate tactics utilized on all Critical Police Incidents. The focus of the review will be to enhance professionalism and officer safety by evaluating the tactics employed in each incident, ensuring that departmental procedures, training, equipment, and tactics are appropriate and up-to-date. This board must not be disciplinary, nor will any disciplinary recommendations be sought or considered from the review board. The Critical Police Incident Tactics Review Board will not review any active Critical Police Incident. A. The composition of the board will be flexible to ensure a broad and insightful review is conducted. The members will meet quarterly, unless the situation warrants differently. The members of the board must be: 1. Support Bureau Assistant Chief or designee. 2. Internal Affairs Lieutenant, Chairperson. 3. A Training Division Representative. 4. A Patrol Bureau Captain who is not in the involved officer’s chain of command. 5. Two officers in the same assignment as the involved officer, but not necessarily in the same division or same rank. 6. Major Case Supervisor or designee. 7. Rangemaster or designee. B. The Critical Police Incident Tactics Review Board must, by majority consensus, conclude whether action is necessary to prevent a similar incident. The chairperson of the board must direct the preparation of the conclusion and recommendations of the board. A formal proposal will be developed through the chairperson and the Training Division representative denoting the recommended action, such as isolated training for the involved officer, in-service training, a Training Bulletin, Roll Call instruction, improved or new equipment, a directive, a special order, or a change to the General Orders Manual. C. The conclusions, recommendations, and the formal proposal must be forwarded to the Chief of Police for consideration and approval. D. Once the proposal is approved by the Chief of Police, the recommended action must be carried out in a timely manner. The Training Division Commander will be responsible for documenting information under this review board process, to include ensuring appropriate action is taken on approved recommendations. A. FORT WORTH POLICE DEPARTMENT 401.00 EMPLOYMENT PRACTICES 401.1 CIVILIAN VACANCIES A. Divisions having civilian vacancies must notify the Fiscal & Equipment Management Division in writing. B. The Fiscal & Equipment Management Division must notify the Fort Worth Department of Human Resources of the vacancy and advise them who is to conduct the interviews. The eligibility list must be returned to the Fiscal & Equipment Management Division. C. The supervisor having the vacancy must schedule interviews with the applicants and notify the Fiscal & Equipment Management Division and the Police Department Employment Specialist of the date, time, and place of the interviews. If any person currently assigned to the unit/division applies for an in-house vacancy position, the supervisor must ensure that the interview panel is neutral and composed of persons other than supervisors and co-workers of the applicant. D. The Fiscal & Equipment Management Division, assisted by the affected divisional supervisor, must formulate all interview questions and obtain approval of the questions by the Fort Worth Department of Human Resources prior to any interviews. E. Interviewers must document the responses received from the applicant. F. During the interview, all applicants will be treated equally and will be asked the same questions. However, the interviewer may ask different questions as a follow-up question to an answer or pertaining specifically to the applicant. The interviewer will not ask any inappropriate questions such as those relating to age, marital status, personal finances, etc., or make any references to race, gender, ethnicity, religion, etc. G. If all the applicants for a vacancy are city employees, the rating criteria should include factors such as tenure, time and attendance, performance evaluations, and disciplinary history. If the referral list includes external applicants, the selection process should be limited to an interview. H. Final selection must be made by the interviewing police supervisors with the Police Department Employment Specialist acting in an advisory capacity to ensure EEO compliance. The selection/rejection form must be completed by the Fiscal & Equipment Management Division. I. The number of personnel selected must correspond with the number of vacancies. J. Supervisors in the review process for selection/rejection will carefully examine all panel member’s interview sheets to ensure that the scoring was appropriate and free from bias. The supervisor must then return all material received to the Fiscal & Equipment Management Division, who must forward the appropriate items to city personnel, following review by the Police Department Employment Specialist. K. Upon approval of selection/rejection reasons, the Fiscal & Equipment Management Division must schedule a new hire physical examination at the designated health clinic and a polygraph examination, if necessary. Upon a conditional offer of employment, the selected applicant must receive a satisfactory background and performance review from their current or last employment. The Fiscal & Equipment Management Division must notify the selected applicant in writing and provide them with instructions for the physical examination and for processing their employment. 401.2 IN-HOUSE VACANCY SELECTION OF SWORN PERSONNEL [Special Order # 114 05/02/14] Transfers and assignments made by the Chief of Police are not subject to grievance under the Meet and Confer contract. This General Order sets out the processes by which vacancies should generally be filled, but the Chief has discretion to waive the requirements of this General Order prior to implementation of the processes set out herein with regard to any vacancy in the referenced ranks, and at any point prior to such vacancies being filled. A. For purposes of this General Order, the terminology must be defined as follows: A. 1. Patrol Services sworn personnel who are responsible for responding to and answering calls for service generated by citizens or a supervisor. This designation will include patrol officers, patrol corporals, patrol sergeants, traffic control technicians, and traffic control technician supervisors. A vacancy for the position of Neighborhood Police Officer (NPO) will follow the procedures under the Standardized Selection Process. 2. Specialized Services all personnel, except those specified as patrol services, who must possess and/or obtain certain skills and abilities in order to accomplish the mission of the division or section. 3. Standardized Selection Process consists of consideration of the following criteria: letter of intent, time and attendance (prior twelve (12) months), performance appraisal (prior twelve (12) months), internal affairs records (prior twelve (12) months) and, if applicable for specialized assignments, special fitness or skill assessment. An interview may be conducted at the discretion of the division captain experiencing the vacancy who reserves the exclusive right to reject an applicant based on egregious or habitual behavior occurring during any period of time indicated in the internal affairs review. 4. Patrol Work Group all shifts within a patrol division. B. Captain and Lieutenant Assignments 1. Captain assignments must be limited to three (3) year terms, unless specifically waived by the Chief of Police. Near the third anniversary of a captain’s assignment, their supervisor must ensure that the executive staff reviews the assignment and makes a recommendation to the Chief of Police regarding the captain’s next assignment or to waive the term limit for a specified amount of time. The Chief of Police must make the final determination. 2. Unless waived by the Chief of Police, all newly promoted lieutenants must serve a minimum of twelve (12) months in a patrol assignment before being eligible for a specialized assignment. 3. Lieutenant assignments to specialized units must be limited to three (3) year terms, unless specifically waived by the Chief of Police. Patrol Services and Specialized Services are defined above. Criminal Investigation Unit Lieutenant positions are considered Specialized Services. a. Near the third anniversary of a lieutenant’s assignment in a specialized unit, their supervisor must submit a transfer order to reassign the lieutenant to a patrol position. b. If the supervisor determines that special circumstances exist which necessitate an extension of the lieutenant’s assignment, the supervisor must submit a recommendation through the chain of command to have the executive staff review the extension request. The executive staff must make a recommendation to the Chief of Police regarding the request for extension. c. When filling a specialized lieutenant position, the supervisor must submit their recommendation through the chain of command to be reviewed by the executive staff. The Standard Selection Process is not required for the supervisor’s recommendation. The executive staff will review the request and make a recommendation to the Chief of Police regarding who should be assigned to the position. The executive staff’s recommendation may differ from the recommendation by the chain of command. The Chief of Police must make the final determination. d. Patrol assignments for lieutenants must be filled by seniority unless the division captain articulates documented disciplinary or work performance issues with the most senior lieutenant that have occurred in the preceding twelve (12) months. The Bureau Assistant Chief must approve any variation from seniority selection. e. Lieutenants who are transferred to patrol after a three-year assignment in a specialized unit must remain in patrol for twelve (12) months before they will be considered for another specialized assignment. C. Unless waived by the Chief of Police, the Standardized Selection Process should take place for all positions of sergeant rank and below where more than one person has responded in writing, indicating an interest in the position. Two categories of vacancies have been established in connection with the requirement of posting Patrol Services and Specialized Services, as defined above. When a vacancy designated for the rank of Sergeant is opened to the Standard Selection Process, the selection of personnel must be accomplished by the following procedures: Patrol Services Vacancies 1. Division captains are authorized to fill patrol vacancies below the rank of Sergeant occurring within their own division by choosing among interested officers in the same rank as the vacancy within the patrol work group experiencing the vacancy. If there are no eligible officers within the patrol work group interested in the vacancy, then the vacancy must be offered department-wide, with the selection being made from the first group from which an officer applies, in the following order: a. The division, a. b. The patrol command, c. The patrol bureau, then d. Department-wide 2. The requirements of vacancy posting and implementation of a selection process as required in 401.02E are not applicable to patrol bureau vacancies. The following provisions will be adhered to: a. Seniority is the determining factor for shift and assignment, unless (1) The division captain articulates documented disciplinary or work performance issues in most senior interested individual(s) in the twelve (12) months preceding the vacancy, or (2) A waiver is authorized by the Chief of Police. The Assistant Chief experiencing the vacancy must approve any variation from seniority selection. b. The division experiencing the vacancy must use at least two (2) methods of communication (i.e. roll call, email, bulletin board, etc.) to notify potential candidates as the vacancy moves through each level. c. Each division, command, and the patrol bureau will maintain a seniority list based on the provisions of the Meet and Confer Agreement to properly fill all patrol bureau vacancies. 3 Any corporal/detective or sergeant, who voluntarily transfers into or promotes into a vacant position must serve six (6) months in that position before being eligible to transfer to another patrol bureau vacancy, unless a vacancy eligibility waiver is approved by division command. The six (6) month requirement is not applicable to officer positions or general assignment made by the patrol bureau. 4. All patrol personnel at the ranks of sergeant and below who desire to transfer out of their division or any department personnel who desire an assignment in the patrol bureau, must submit a request for transfer to the patrol bureau. Any patrol bureau position at the ranks of sergeant and below left unfilled either by patrol personnel or transfer request may be posted department-wide. 5. Unless waived in writing by the Chief of Police, all newly promoted sergeants will serve a minimum of twelve (12) months in patrol, administrative sergeant, and/or jail sergeant assignment, as applicable, before being eligible to apply for a specialized assignment. Specialized Services Vacancies 1. Division captains are authorized to fill vacancies for the ranks of sergeant and below within their own division, and section lieutenants are authorized to fill vacancies within their own section with personnel currently in their respective division or section based on similar and/or same job function. 2. Any other vacancies for the ranks of sergeant and below created by personnel reassignment will require a department-wide vacancy announcement following the Standardized Selection Process. D. Waiver of Vacancy Posting and Selection 1. When an Assistant Chief can justify the need for selecting a specific employee for an assignment, the Assistant Chief may request, in writing, a waiver of vacancy posting and selection requirements from the Chief of Police. The Chief of Police reserves the right to fill vacancies, with no right of appeal, on the basis of the best interest of the department. All assignments within the police department are made at the discretion of the Chief of Police and are maintained within the goals and objectives of the department’s mission, rules, and regulations. 2. In the case of a reduction in force or a demotion, either voluntary or as a result of disciplinary action, the Assistant Chief may ask for frozen positions in patrol to be reopened. This would allow the newly demoted, and those displaced, to use seniority as a basis for placement as if they were members of the patrol workgroup experiencing the vacancy. E. Notice of Vacancy The division captain or designee experiencing or anticipating a vacancy for the rank of sergeant and below must notify the Police Department Human Resources Coordinator in writing, of the vacancy, the criteria by which all applicants will be considered, and any special or specific criteria or information that is likely to influence potential applicants. 1. Abrief announcement must be distributed inviting potential applicants to respond in writing and state their interest in the vacant position. If only one potential applicant responds, and the applicant is suited for the position, then no formal selection process is necessary. 1. 2. Unless waived by the Chief of Police, if more than one potential applicant responds in writing indicating an interest in the position, then a formal selection process will be initiated through the posting of a vacancy announcement. F. The Police Department Human Resources Coordinator must distribute the vacancy announcement promptly upon receipt of the necessary information. Vacancy announcements must be posted and letters of interest accepted for at least ten (10) calendar days prior to the closing date. G. All vacancy announcements must comply with EEO regulations. The Police Department Employment Specialist is available for consultation and review of interview questions, if requested, to ensure EEO compliance. H. Personnel desiring consideration for the announced vacancy position are responsible for submitting the information requested in the vacancy announcement as directed to the section/unit experiencing the vacancy within the application period. I. After the closing date of the posting, the commander or supervisor of the unit or section experiencing the vacancy must review the submitted materials to determine which, if any, of applicants are qualified for the position. If interviews are held, all applicants who meet the minimum requirements for the open position will be interviewed. J. The applicants must be placed into an applicant pool. No numeric ranking must be assigned nor any numeric score calculated for the purpose of determining placement on a recommendation list. The applicants must be indicated as “qualified” or “not qualified.” For those deemed not qualified, an explanation must be provided on the report to be forwarded through the chain of command. The chain of command can disregard the commander’s or supervisor’s designation of a candidate as being qualified or not qualified. The chain of command should take the needs of the community, specific crime-based problems, and other specific needs of the section/unit experiencing the vacancy in mind when choosing the applicant for the position. K. For a position vacancy in a specialized assignment, the final approving party must be two ranks above the rank of the vacancy being filled (i.e. a lieutenant would be the final approving party for an officer vacancy). L. The approving party must present the final recommendation for review to the next two (2) ranks. Unless the highest reviewing rank articulates documented disciplinary or work performance issues with the recommended individual(s) during the twelve (12) months preceding the vacancy, or a waiver is authorized by the Chief of Police, the report will be forwarded to the Police Department Employment Specialist for review of compliance with EEO guidelines. Upon notification of compliance from the Police Department Employment Specialist, the original approving party will contact the candidate selected for the position. M. In cases where an emergency situation exists or promotions/demotions require that immediate assignments be made, sworn personnel may be placed in temporary positions until such time as the selection process may be conducted to permanently fill the position(s). N. In cases where there are no applicants for a position or where the available applicants are not qualified for the position, other means may be used for the selection of personnel to fill the vacancy, upon approval by the Chief of Police. O. As per General Order 428.01A4, Personnel Orders-Sworn Employees, approved transfers must be received by the Employment Services Section no later than 1700 hours, Friday, two (2) weeks preceding the effective date of the transfer. P. Performance-based rotation guidelines must be developed for officers assigned to the Narcotics and Vice Sections. At the end of two years in the assignment, officers of the rank of sergeant and below must be subject to a yearly performance-based rotation review to determine their suitability for continued assignment in the section. 401.3 TERMINATION PROCEDURE FOR POLICE EMPLOYEES A. Notice of Termination Police employees desiring to terminate their position with the department must be required to complete the following procedure: 1. Terminating employees must provide written notification of a request for termination addressed to the Chief of Police. 2. Terminating employees must present the written notification to their supervisor a minimum of two (2) working days prior to termination for hand delivery through the chain of command. The supervisor must deliver the notification to the Chief of Police or designee within three (3) working days. The Chief of Police must indicate acknowledgment by signature, indicating both date and time. 1. 3. Exceptions to the above policies are granted when the employee is physically unable to come to the police facility or geographically separated by an extreme distance. In these instances, the terminating employee must be required to send notice of termination via registered letter or telegram to the Chief of Police. B. Completion of Documents 1. Departing employees must be required to contact the Police Training Division and obtain the forms that must be completed when separating employment. 2. The Training Division will provide all terminating employees the Exit Interview for Voluntary Resignations form (FWPD-124-10/98) to complete. The Training Division will forward the completed form to the Affirmative Action Coordinator for review. The Affirmative Action Coordinator will then forward the form to the Fiscal and Equipment Management Division for final disposition. C. Return of Issued Equipment 1. All city-issued equipment must be returned to the Police Training Division at the time of termination. a. Officers who have canceled the financial obligations for the original issue cost may keep their clothing and leather goods. Officers who have satisfied a portion of the obligation must be allowed to retain that portion of their uniforms equal to the amount of obligation satisfied. Employees who fail to return any non-expendable equipment, or return the equipment in such condition as to indicate extreme misuse, must provide reimbursement at the current replacement cost as determined by the Fiscal & Employee Management Division. Extreme misuse must be determined by the supervisor receiving the returned property. b. Lost, misplaced, or stolen articles declared at the time of termination must be cause for a report being made. Any employee making claims which they know are false must be subject to legal action. The employee reporting the theft or loss must be responsible for completing the necessary police reports. c. Unless exception is granted by the Chief of Police, all equipment must be returned no later than the fifth (5) working day following the employee’s termination. When equipment is not returned, the Internal Affairs Division must be notified by the Training Division. 2. Exceptions to city equipment being returned must be limited as follows: a. All retiring officers may elect to retain one (1) badge pursuant to General Order 503.03. However, retirees are specifically prohibited from using these items to indicate they are serving in an official police capacity for the Fort Worth Police Department. D. State Licensing Notifications The Police Training Division must be responsible for submitting the necessary forms to the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) within ten (10) days after a sworn member terminates or retires from the department. E. Completion of Final Personnel Form 1. All terminating employees must ensure that the above steps are completed. Upon being notified by the Police Training Division that all forms have been submitted and detailing the equipment returned, the Fiscal & Employee Management Division must produce the paperwork necessary for issuing a final paycheck. 401.4 REEMPLOYMENT OF POLICE PERSONNEL A police officer who voluntarily resigns from the Fort Worth Police Department may be given consideration for reappointment by the Chief of Police without taking an entry-level civil service examination or being placed on an eligibility list. Reemployment of police personnel will be in accordance with all applicable Federal, State, and Civil Service requirements and/or laws. A. The Chief of Police may reappoint the former officer as a vacancy occurs in an entry-level position. At the discretion of the Chief of Police, the former officer may be required to complete an updated background investigation, physical assessment, polygraph examination, and/or oral review board. The individual may also be required to pass a medical examination and psychological evaluation. Additional conditions for the reappointment of a former officer, as considered appropriate, may be established by the Chief of Police. B. The Chief of Police must have sole discretion for the final reappointment of a former officer provided that the individual fulfills all requirements and standards required for employment as a police officer. C. When the former employee’ s license has been inactive for two (2) or more years, the former employee must be required to take the TCLEOSE Licensing exam. A. D. Once an applicant has made a passing score on the TCLEOSE Licensing exam and the Chief of Police reappoints the person, the applicant must be placed on probationary status for a period of one (1) year from the reemployment date. E. Reappointment must be to the rank of police trainee or police officer, at the discretion of the Chief of Police in accordance with the General Orders, regardless of the rank of the former officer at the time of resignation. Persons reemployed must be issued a new identification number and must not retain their former seniority rights identified in civil service law which they held prior to resignation. F. City personnel regulations and state law must apply in matters regarding retirement benefits. 401.5 PREVIOUSLY TERMINATED POLICE APPLICANTS All terminated police trainees must be reviewed and evaluated in the same manner as new applicants for hiring consideration. Such review and evaluation must only be made when at least one (1) year has passed from the date of termination, unless a specific exception is made by the Chief of Police. 401.6 PRE-TERMINATION MEETINGS CIVILIAN EMPLOYEES A. The pre-termination meeting will be conducted according to guidelines outlined in the City of Fort Worth Personnel Rules and Regulations. Civilian employees must have the opportunity to be represented at pre-termination meetings. B. If an employee elects not to have a representative, the pre-termination meeting may be convened immediately. C. If the employee has a representative or intends to obtain representation, the employee will be given a copy of the pretermination meeting memorandum and arrangements will be made to schedule a pre-termination meeting as soon as practicable. The employee should be given three (3) working days to obtain a representative and schedule a meeting. 1. The employee must be asked to turn in all city-issued equipment, keys, tools, and ID before they leave the premises. 2. The employee’s time spent at pre-termination meetings will be charged as official city business. 3. The employee will be permitted to use accrued personal leave time or compensatory time during the scheduling process. If no leave time is available, the employee must be carried without pay. 4. If a city employee is asked to serve as a representative, the time that the employee spends serving as representative must be charged to accrued leave or compensatory time. D. The meeting should include the employee, the immediate supervisor involved in the event(s) which necessitated the meeting, one other supervisor, and the division captain/division manager or bureau deputy chief. The employee will be presented with the information and an opportunity to respond to that information. E. If the employee is unable to attend a pre-termination meeting or if a face-to-face meeting is determined not to be in the best interest of the involved parties, the meeting may be conducted through correspondence. Before this option is exercised, the City Employee Relations Division must be contacted. F. Adecision letter must be sent by the employee’s supervisor via certified mail within three (3) working days following the meeting. The employee is immediately suspended without pay until receipt of the decision letter. 402.00 EMPLOYEE COUNSELING PROCEDURE 402.1 COMMENDATIONS A. When a supervisor identifies conduct that merits commendation, the details of the incident must be reduced to writ- ing on the appropriate form (FWPD-09-8/94) with a copy being provided to the employee and one placed in the unit file. B. The original must be sent to the Affirmative Action Coordinator who must review for compliance. C. The Affirmative Action Coordinator must deliver the original to the Fiscal & Equipment Management Division for filing in the employee’s permanent personnel file. D. When commendations are received from outside sources by way of letter, distribution must be the same as above. 402.2 STRUCTURED COUNSELING SESSIONS A. Supervisors should handle minor, non-recurring infractions orally with the affected employee. This must not require documentation. B. If the conduct of an officer should require a formal counseling session, a counseling form (FWPD-08-11/88) must be used as a means of documenting undesirable work performance or behavior that may appear to be a recurring problem. C. Employee counseling sessions must be held and documented no later than ten (10) working days from the date that an incident is detected unless the incident has to proceed through the chain of command for approval by the Chief of Police, in which case it must be accomplished when approval or direction is received. D. The counseling form must include a description of the violation, including date and time, witnesses, what is expected from the employee to correct the situation, and subsequent actions that may take place if the employee fails to comply. E. The supervisor, employee, and any other persons present at the counseling session must sign the form. The employee may provide written comments regarding the incident under separate cover, which must also be signed by all persons involved in the session. F. The employee may use the departmental grievance procedure to contest any counseling session which they believe to be unjust. G. The employee and their immediate supervisor must retain one (1) copy of the counseling form and any additional comments. H. The original documents must be reviewed by the various higher levels of the chain of command, including the bureau deputy chief, with each signing the document with their name, rank, and time of review. The review must take no longer than ten (10) working days. I. The bureau deputy chief must send the documents to the Affirmative Action Coordinator who must review for EEO compliance and adherence to this order. When discrepancies are found, the document must be returned for correction and/or clarification, then returned to the bureau deputy chief. J. Once the Affirmative Action Coordinator reviews and signs the document, it must be returned to the unit level only and placed in the employee’s file. K. No counseling session reduced to writing must be placed in an employee’s file unless it contains all necessary signatures involved in the review process. L. Counseling sessions reduced to writing must be removed by the supervisor and destroyed from the unit file after six (6) months from issue. 402.3 COMMANDER’S ADMONISHMENT A. The Commander’s Admonishment enables a division commander or higher authority to deal with inappropriate con- duct which is more serious than conduct normally addressed in Structured Counseling Sessions, but does not require a formal written reprimand by the Chief of Police. B. When a commander identifies inappropriate conduct that merits more formal documentation the commander may, with approval of the Bureau Deputy Chief, or Chief of Polic

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