city of stockton concurrent civil · 2017-05-15 · 2017, for the city of stockton; and the chief...

Civil Service/Equal Employment

Commission Concurrent

City of Stockton

Meeting Agenda - Final

Concurrent Civil Service/Equal Employment

Commission Meeting

Pamela Sloan, Chair

Annette Sanchez, Vice Chair

Sarbjeet Singh, Commissioner

Douglas Vigil, Commissioner

Vacant, Commissioner

Council Chamber - City Hall, 425 N. El Dorado

Street, Stockton CA

3:00 PMThursday, May 18, 2017

1. CALL TO ORDER/ROLL CALL

2. PUBLIC COMMENT*

(Comments will be limited to the Closed Session items listed below).

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 17-3623 COMMUNITY SERVICE OFFICER I (OPEN/PROMOTIONAL)

ELIGIBLE LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Community Service Officer I.Department: Human Resources

Proposed Resolution - Exam Results - Community Service Officer IAttachments:

3.2 17-3627 ECONOMIC DEVELOPMENT ANALYST (OPEN/PROMOTIONAL)


RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Economic Development Analyst.Department: Human Resources

Proposed Resolution - Exam Results - Economic Development AnalystAttachments:

City of Stockton Printed on 5/15/2017

1

http://stockton.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=5733

http://stockton.legistar.com/gateway.aspx?M=F&ID=d9cddfa9-6912-4eb0-94b4-474cf7762c5b.doc


http://stockton.legistar.com/gateway.aspx?M=F&ID=8025e800-8079-474c-840e-27ae69ff1812.docx

May 18, 2017Civil Service/Equal Employment



3.3 17-3631 FIRE PROTECTION SPECIALIST (OPEN/PROMOTIONAL) ELIGIBLE

LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Fire Protection Specialist.Department: Human Resources

Proposed Resolution - Exam Results - Fire Protection SpecialistAttachments:

3.4 17-3624 POLICE COURT COORDINATOR (OPEN/PROMOTIONAL) ELIGIBLE

LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Police Court Coordinator.Department: Human Resources

Proposed Resolution - Exam Results - Police Court CoordinatorAttachments:

3.5 17-3630 SENIOR RECREATION ASSISTANT (OPEN/PROMOTIONAL)


RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Senior Recreation Assistant.Department: Human Resources

Proposed Resolution - Exam Results - Senior Recreation AssistantAttachments:

3.6 17-3609 POLICE OFFICER ELIGIBLE LIST - REMOVAL OF NAME(S)

RECOMMENDATION

Approve by motion the removal of name(s) from the Police Officer Eligible Lists.Department: Human Resources

4. RECESS FROM CLOSED SESSION

5. REGULAR SESSION CALL TO ORDER/ROLL CALL

6. PLEDGE TO THE FLAG


2


http://stockton.legistar.com/gateway.aspx?M=F&ID=861c442e-4ca4-480a-88d2-e0b1b1bf9b21.docx


http://stockton.legistar.com/gateway.aspx?M=F&ID=ccb883de-1ac3-4f7a-8abf-38fe6c851322.doc


http://stockton.legistar.com/gateway.aspx?M=F&ID=076407cf-dee5-446b-8c22-3c79c7ab89fe.docx





7. REPORT OF ACTION TAKEN IN CLOSED SESSION

8. CITIZENS COMMENTS/ANNOUNCEMENTS*

9. ADOPTION OF CONSENT CALENDAR

9.1 17-3613 APPROVAL OF COMMISSION MINUTES

Department: City Clerk2017-04-20 Minutes for ApprovalAttachments:

10. UNFINISHED BUSINESS

11. REQUEST FOR APPEALS/PUBLIC HEARINGS

11.1 17-3616 PURSUANT TO RULE XIV, SECTION 2(A) OF THE CIVIL SERVICE

RULES AND REGULATIONS FOR MISCELLANEOUS EMPLOYEES,

REQUEST TO SCHEDULE THE HEARING FOR THE APPEAL

SUBMITTED BY THE DEMOTED EMPLOYEE, RELATING TO THE

ACTION TAKEN ON DECEMBER 1, 2016, BY THE CITY OF

STOCKTON REGARDING THE INDIVIDUAL’S EMPLOYMENT

RECOMMENDATION

If granted by the Commission, determine the date of the closed hearing at this meeting.Department: Human Resources

12. APPEALS/PUBLIC HEARINGS

12.1 17-3625 PUBLIC HEARING TO AMEND THE POLICE DEPARTMENT RULES

AND REGULATIONS

RECOMMENDATION

Adopt a resolution to amend the Police Department Rules and Regulations. Department: Human Resources

Attachment A - Memo from Chief of Police

Attachment B - Rules and Regs Revisions Redline

Proposed Resolution - Police Department Rules and Regulations

Exhibit 1 - FINAL Police Department Rules and Regulations

Attachments:


3


http://stockton.legistar.com/gateway.aspx?M=F&ID=805f9821-bae7-4e3c-bafb-eec3eec8e41b.pdf



http://stockton.legistar.com/gateway.aspx?M=F&ID=ef073ec0-af34-445d-89be-ff24a01defcb.pdf

http://stockton.legistar.com/gateway.aspx?M=F&ID=f01a5e5b-6db3-4ecc-982f-ad3e37e79148.pdf

http://stockton.legistar.com/gateway.aspx?M=F&ID=0c3999c1-d4db-4585-8b83-2d19e83fb4b2.docx

http://stockton.legistar.com/gateway.aspx?M=F&ID=3632f1ca-8160-4cad-a1dd-30eacae92586.pdf




13. NEW BUSINESS*

13.1 17-3648 ANNUAL EQUAL EMPLOYMENT REPORT - HUMAN RESOURCES

DEPARTMENT

RECOMMENDATION

Accept by motion the Annual Equal Employment Report for the Human Resources Department.

Department: Human ResourcesEqual Employment Annual Report - Human Resources

Attachment A - Human Resources Organization Chart

Attachments:

14. REPORTS/WRITTEN COMMUNICATIONS/ INFORMATIONAL ITEMS

14.1 17-3649 NOTIFICATION OF ACTION TAKEN BY THE DIRECTOR OF HUMAN

RESOURCES AMENDING THE CLASSIFICATION SPECIFICATION

FOR EMERGENCY COMMUNICATION DISPATCH MANAGER

RECOMMENDATION

This item is informational only. No action is necessary.Department: Human Resources

Draft Class Spec red-line - Emergency Communication Dispatch Manager.pdf

Class Spec Final - Emergency Communication Dispatch Manager.pdf

Attachments:

15. BOARD/COMMISSION COMMUNICATIONS OR COMMENTS

16. ADJOURNMENT


4


http://stockton.legistar.com/gateway.aspx?M=F&ID=113cbf73-11a0-41ff-8aa6-c5ff988cf4de.docx

http://stockton.legistar.com/gateway.aspx?M=F&ID=b2a2ad0a-8bdb-47b5-843d-eaa30b21035f.pdf


http://stockton.legistar.com/gateway.aspx?M=F&ID=e54f6b7f-b6f5-456c-97a9-d09de4db03c1.pdf

http://stockton.legistar.com/gateway.aspx?M=F&ID=081f6784-af87-4ca2-aedb-cc56928f11c2.pdf




CERTIFICATE OF POSTING

I declare, under penalty of perjury, that I am employed by the City of Stockton

and that I caused this agenda to be posted in the City Hall notice case on May 15, 2017 in compliance with the Brown Act.

Bonnie Paige, CMC

By: ________________________________

Deputy

Agendas, staff reports and minutes can be viewed on the City of Stockton web site

http://www.stocktongov.com/government/oMeetings/boardComMeetings.html

Citizens may comment on any subject within the jurisdiction of this governing body, including items on the

Agenda. Anyone wishing to speak on a consent item or public hearing item, please complete a “Request to

Speak Card” and submit it to the Recording Secretary prior to the meeting. No speaker cards will be received

after the close of the Citizen's Comments portion of the meeting. Each speaker is limited to five minutes.

Speakers must be prepared to speak when called. Speakers should hold comments on items listed as a Public

Hearing until the Hearing is opened. If a large number of people desire to speak at a Public Hearing, the Chair

may reduce the amount of time allocated to each speaker to three (3) minutes.

NOTE: All proceedings are conducted in English. The City of Stockton does not furnish language interpreters

and, if one is needed, it shall be the responsibility of the person(s) needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton

to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including

those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or

agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the

Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business

hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within

this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

AGENDA ITEMS: Information concerning the agenda items have been forwarded to this governing body prior to

the meeting. Unless a governing body member or member of the audience has questions concerning a particular

item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call

vote.

* For any person wishing to address this governing body on any matter not on the printed agenda. The

Chairperson may set a time limit for individual speakers/groups.


5

City of Stockton

Legislation Text

File #: 17-3623, Version: 1

COMMUNITY SERVICE OFFICER I (OPEN/PROMOTIONAL) ELIGIBLE LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Community ServiceOfficer I.

DISCUSSION

The examination for the position of Community Service Officer I (Open/Promotional) was conductedin accordance with the Rules and Regulations for Miscellaneous Employees. This recruitmentopened on April 2, 2017 and closed on April 10, 2017. Human Resources received a total of 206applications. A written examination was conducted on April 25, 2017.

You will receive the results of the examination, along with exhibits that list applicants receivingpassing scores in rank order, and confidential applicant flow data worksheets for approval andadoption at your meeting of May 18, 2017.

AUTHORITY

Rule VI, section 12(a) of the Civil Service Rules and Regulations for Miscellaneous Employeesprovides that the Civil Service Commission shall certify the results of each examination conducted byother than continuous examination.

City of Stockton Printed on 5/11/2017Page 1 of 1powered by Legistar™6

http://www.legistar.com/

CIVIL SERVICE COMMISSION

Resolution No. CS

RESOLUTION CERTIFYING THE RESULTS OF THE OPEN/PROMOTIONALEXAMINATION FOR THE POSITION OF COMMUNITY SERVICE OFFICER I.

The Chief Examiner for the Civil Service Commission opened the recruitment for

COMMUNITY SERVICE OFFICER I on April 2, 2017 and closed it on April 10, 2017.

The Chief Examiner received a total of 206 applications. The open/promotional

recruitment evaluated applicants for specified knowledge, skills, and abilities to perform

the duties of the Miscellaneous position of COMMUNITY SERVICE OFFICER I, as set

forth in the job announcement prepared in accordance with the Rules and Regulations

of this Commission; and

The Chief Examiner for the Civil Service Commission conducted an

open/promotional examination for COMMUNITY SERVICE OFFICER I, on April 25,

2017, for the City of Stockton; and

The Chief Examiner has filed with this Commission a report of the results of the

open/promotional examination, in accordance with Rule VI, section 12(a) of the City of

Stockton Civil Service Rules and Regulations for Miscellaneous Employees, which

report is on file with the Human Resources Department; now, therefore,

BE IT RESOLVED BY THE CIVIL SERVICE COMMISSION OF THE CITY OF

STOCKTON, AS FOLLOWS:

1. That the report of the open/promotional examination for the Miscellaneous

position of COMMUNITY SERVICE OFFICER I is hereby approved.

7

2. That the open/promotional list of eligibles for the Miscellaneous position of

COMMUNITY SERVICE OFFICER I for the City of Stockton, attached hereto as Exhibit

1, is hereby certified.

3. That the candidates appearing on Exhibit 1 are hereby declared eligible

for appointment to the Miscellaneous position of COMMUNITY SERVICE OFFICER I,

and shall be certified to the appointing authority to fill vacancies approved by the

Personnel Officer in accordance with the Stockton Municipal Code and the Rules and

Regulations of this Commission.

4. That the list certified herein shall remain in effect for two (2) years and

shall expire on May 19, 2019, unless the duration is otherwise changed by this

Commission.

PASSED, APPROVED, and ADOPTED this 18th day of May 2017.

________________________________PAMELA SLOAN, CHAIRCITY OF STOCKTON CIVIL SERVICE COMMISSION

ATTEST:

BONNIE PAIGESECRETARY TO THE CIVIL SERVICE COMMISSION

By: ___________________________

8

City of Stockton

Legislation Text


ECONOMIC DEVELOPMENT ANALYST (OPEN/PROMOTIONAL) ELIGIBLE LISTCERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for EconomicDevelopment Analyst.

DISCUSSION

The examination for the position of Economic Development Analyst (Open/Promotional) wasconducted in accordance with the Rules and Regulations for Miscellaneous Employees. Thisrecruitment opened on February 26, 2017 and closed on March 20, 2017. Human Resourcesreceived a total of 43 applications. An oral board examination was conducted on May 3, 2017.

You will receive detailed results of the examination, along with exhibits that list applicants receivingpassing scores in rank order, and confidential applicant flow data worksheets for approval andadoption at your meeting of May 18, 2017.

AUTHORITY





Resolution No. CS

RESOLUTION CERTIFYING THE RESULTS OF THE OPEN/PROMOTIONAL EXAMINATION FOR THE POSITION OFECONOMIC DEVELOPMENT ANALYST.


ECONOMIC DEVELOPMENT ANALYST on February 26, 2017 and closed it on March

20, 2017. The Chief Examiner received a total of 43 applications. The open/promotional

recruitment evaluated applicants for specified knowledge, skills, and abilities to perform

the duties of the Miscellaneous position of ECONOMIC DEVELOPMENT ANALYST, as

set forth in the job announcement prepared in accordance with the Rules and Regulations

of this Commission; and


open/promotional examination for ECONOMIC DEVELOPMENT ANALYST, on May 3,




Stockton Civil Service Rules and Regulations for Miscellaneous Employees, which report

is on file with the Human Resources Department; now, therefore,



10


position of ECONOMIC DEVELOPMENT ANALYST is hereby approved.


ECONOMIC DEVELOMENT ANALYST for the City of Stockton, attached hereto as

Exhibit 1, is hereby certified.

3. That the candidates appearing on Exhibit 1 are hereby declared eligible for

appointment to the Miscellaneous position of ECONOMIC DEVELOPMENT ANALYST,

and shall be certified to the appointing authority to fill vacancies approved by the

Personnel Officer in accordance with the Stockton Municipal Code and the Rules and

Regulations of this Commission.

4. That the list certified herein shall remain in effect for one (1) year and shall

expire on May 19, 2018 unless the duration is otherwise changed by this Commission.



ATTEST:


By: ___________________________

11

City of Stockton

Legislation Text


FIRE PROTECTION SPECIALIST (OPEN/PROMOTIONAL) ELIGIBLE LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Fire ProtectionSpecialist.

DISCUSSION

The examination for the position of Fire Protection Specialist (Open/Promotional) was conducted inaccordance with the Rules and Regulations for Miscellaneous Employees. This recruitment openedon March 12, 2017, and closed on April 13, 2017. Human Resources received a total of 15applications. A training and experience rating was performed on May 9, 2017.


AUTHORITY





Resolution No. CS

RESOLUTION CERTIFYING THE RESULTS OF THE OPEN/PROMOTIONAL EXAMINATION FOR THE POSITION OFFIRE PROTECTION SPECIALIST.


FIRE PROTECTION SPECIALIST on March 12, 2017 and closed it on April 13, 2017.

The Chief Examiner received a total of 15 applications. The open/promotional recruitment

evaluated applicants for specified knowledge, skills, and abilities to perform the duties of

the Miscellaneous position of FIRE PROTECTION SPECIALIST, as set forth in the job

announcement prepared in accordance with the Rules and Regulations of this

Commission; and

The Chief Examiner for the Civil Service Commission performed an

open/promotional training and experience rating for FIRE PROTECTION SPECIALIST,

on May 9, 2017, for the City of Stockton; and







13


position of FIRE PROTECTION SPECIALIST is hereby approved.


FIRE PROTECTION SPECIALIST for the City of Stockton, attached hereto as Exhibit 1,

is hereby certified.


appointment to the Miscellaneous position of FIRE PROTECTION SPECIALIST, and

shall be certified to the appointing authority to fill vacancies approved by the Personnel

Officer in accordance with the Stockton Municipal Code and the Rules and Regulations

of this Commission.


expire on May 19, 2018, unless the duration is otherwise changed by this Commission.



ATTEST:


By: ___________________________

14

City of Stockton

Legislation Text


POLICE COURT COORDINATOR (OPEN/PROMOTIONAL) ELIGIBLE LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Police CourtCoordinator.

DISCUSSION

The examination for the position of Police Court Coordinator (Open/Promotional) was conducted inaccordance with the Rules and Regulations for Miscellaneous Employees. This recruitment openedon April 9, 2017 and closed on April 17, 2017. Human Resources received a total of 92 applications.A written examination was conducted on May 2, 2017.

You will receive the results of the examination, along with exhibits that list applicants receivingpassing scores in rank order, and confidential applicant flow data worksheets for approval andadoption at your meeting of May 18, 2017.

AUTHORITY





Resolution No. CS

RESOLUTION CERTIFYING THE RESULTS OF THE OPEN/PROMOTIONALEXAMINATION FOR THE POSITION OF POLICE COURT COORDINATOR.


POLICE COURT COORDINATOR on April 9, 2017 and closed it on April 17, 2017. The

Chief Examiner received a total of 92 applications. The open/promotional recruitment


the Miscellaneous position of POLICE COURT COORDINATOR, as set forth in the job


Commission; and


open/promotional examination for POLICE COURT COORDINATOR, on May 2, 2017,

for the City of Stockton; and



Stockton Civil Service Rules and Regulations for Miscellaneous Employees, which

report is on file with the Human Resources Department; now, therefore,




position of POLICE COURT COORDINATOR is hereby approved.

16


POLICE COURT COORDINATOR for the City of Stockton, attached hereto as Exhibit 1,

is hereby certified.

3. That the candidates appearing on Exhibit 1 are hereby declared eligible

for appointment to the Miscellaneous position of POLICE COURT COORDINATOR, and



of this Commission.

4. That the list certified herein shall remain in effect for two (2) years and

shall expire on May 19, 2019, unless the duration is otherwise changed by this

Commission.



ATTEST:


By: ___________________________

17

City of Stockton

Legislation Text


SENIOR RECREATION ASSISTANT (OPEN/PROMOTIONAL) ELIGIBLE LIST CERTIFICATION

RECOMMENDATION

Adopt a resolution certifying the results of the open/promotional examination for Senior RecreationAssistant.

DISCUSSION

The examination for the position of Senior Recreation Assistant (Open/Promotional) was conductedin accordance with the Rules and Regulations for Miscellaneous Employees. This recruitmentopened on March 26, 2017, and closed on April 7, 2017. Human Resources received a total of 60applications. A written examination was conducted on April 26, 2017.


AUTHORITY





Resolution No. CS

RESOLUTION CERTIFYING THE RESULTS OF THE OPEN/PROMOTIONAL EXAMINATION FOR THE POSITION OFSENIOR RECREATION ASSISTANT.


SENIOR RECREATION ASSISTANT on March 26, 2017 and closed it on April 7, 2017.

The Chief Examiner received a total of 60 applications. The open/promotional recruitment


the Miscellaneous position of SENIOR RECREATION ASSISTANT, as set forth in the job


Commission; and


open/promotional examination for SENIOR RECREATION ASSISTANT, on April 26,








19


position of SENIOR RECREATION ASSISTANT is hereby approved.


SENIOR RECREATION ASSISTANT for the City of Stockton, attached hereto as Exhibit

1, is hereby certified.


appointment to the Miscellaneous position of SENIOR RECREATION ASSISTANT, and



of this Commission.


expire on May 19, 2018, unless the duration is otherwise changed by this Commission.



ATTEST:


By: ___________________________

20

City of Stockton

Legislation Text


POLICE OFFICER ELIGIBLE LIST - REMOVAL OF NAME(S)

RECOMMENDATION

Approve by motion the removal of name(s) from the Police Officer Eligible Lists.

AUTHORITY

Rule VI, Section 12(d) of the Civil Service Rules and Regulations for Miscellaneous Employees andRule V, Section 4(a)(6) of the Civil Service Rules for Police and Fire Employees allow for theCommission to remove candidates from the eligible list for failure to complete and/or successfullypass a background investigation.

Rule VI, Section 12(d)(5) of the Civil Service Rules and Regulations for Miscellaneous Employeesand Rule V, Section 11(d)(4) of the Civil Service Rules and Regulations for Police and FireEmployees allows for the Commission to remove candidates from the eligible list when the records ofthe Personnel Officer show the candidate has requested in writing that his/her name be removed.



City of Stockton

Legislation Text


APPROVAL OF COMMISSION MINUTES

RECOMMENDATION

Approve the minutes from the Civil Service Commission Meeting of April 20, 2017.



City of Stockton

Legislation Text


PURSUANT TO RULE XIV, SECTION 2(A) OF THE CIVIL SERVICE RULES AND REGULATIONSFOR MISCELLANEOUS EMPLOYEES, REQUEST TO SCHEDULE THE HEARING FOR THEAPPEAL SUBMITTED BY THE DEMOTED EMPLOYEE, RELATING TO THE ACTION TAKEN ONDECEMBER 1, 2016, BY THE CITY OF STOCKTON REGARDING THE INDIVIDUAL’SEMPLOYMENT

RECOMMENDATION

If granted by the Commission, determine the date of the closed hearing at this meeting.



City of Stockton

Legislation Text


PUBLIC HEARING TO AMEND THE POLICE DEPARTMENT RULES AND REGULATIONS

RECOMMENDATION

Adopt a resolution to amend the Police Department Rules and Regulations.

SUMMARY

The current Stockton Police Department Rules and Regulations was adopted by the Civil ServiceCommission on December 6, 2001. The Chief of Police, Eric Jones, is requesting your review andconsideration, as outlined in a memo dated April 3, 2017 (Attachment A). The need to modify andamend portions of the manual is necessary to keep the rules up-to-date with modern practices. Theamendments are provided in Attachment B (changes in red).

The Stockton Police Management Association and Stockton Police Officers’ Association wereprovided a copy of the proposed changes and concurred with the proposed amendments.

CONCLUSION

The proposed amendments to the Police manual will bring the rules and regulations intoconformance with current department practices in accordance with Civil Service Rules andRegulations for Police and Fire Employees, Rule II, Section 3, Adoption, Amendment or Repeal ofRules.



i.

TABLE OF CONTENTS CHAPTER I- DEFINITIONS 1.01 Organizational Definitions ................................................................................. 1 1.02 City ....................................................................................................................... 1 1.03 Department.......................................................................................................... 1 1.04 Bureau ................................................................................................................. 1 1.05 Division ............................................................................................................... 1 1.06 Section ................................................................................................................ 2 1.07 Unit ...................................................................................................................... 2 1.08 Assignment ......................................................................................................... 2 1.09 Shift ..................................................................................................................... 2 1.10 Detail .................................................................................................................... 2 1.11 District ................................................................................................................. 2 1.12 Sector .................................................................................................................. 2 1.13 Watch ................................................................................................................... 3 1.14 Civil Service Act ................................................................................................. 3 1.15 Memorandum of Understanding (MOU) ............................................................ 3 1.16 Sworn Personnel ................................................................................................ 3 1.17 Civilian Personnel .............................................................................................. 3 1.18 Classified Service ............................................................................................... 3 1.19 Competitive Service (Civilian Employees) ....................................................... 4 1.20 Temporary Employee ......................................................................................... 4 1.21 Appointing Authority .......................................................................................... 4 1.22 Member ................................................................................................................ 4 1.23 Police Reserve Officer ....................................................................................... 4 1.24 Police Officer ...................................................................................................... 4 1.25 Supervisor ........................................................................................................... 5 1.26 Command Officer ............................................................................................... 5 1.27 Superior Officer .................................................................................................. 5 1.28 Ranking Officer ................................................................................................... 5 1.29 Seniority .............................................................................................................. 5 1.30 Acting in Command ............................................................................................ 6 1.31 Chain of Command ............................................................................................. 6 1.32 Through Official Channels ................................................................................. 6 1.33 Order .................................................................................................................... 6 1.34 Manual of Rules and Regulations ..................................................................... 7 1.35 General Order ..................................................................................................... 7 1.36 Divisional or Sectional Order ............................................................................ 7 1.37 Special Order ...................................................................................................... 7 1.38 Informational Bulletin ......................................................................................... 7 1.39 Report .................................................................................................................. 8 1.40 Rule ...................................................................................................................... 8

33

ii.

1.41 Policy ................................................................................................................... 8 1.42 Procedure ............................................................................................................ 9 1.43 Public Service ..................................................................................................... 9 1.44 Department Mission Statement ......................................................................... 9 1.45 Beginning of Day and Week ............................................................................ 10 1.46 Duty ................................................................................................................... 10 1.47 On Duty ............................................................................................................. 10 1.48 Tour of Duty ...................................................................................................... 10 1.49 Incompetency ................................................................................................... 10 1.50 Sick Leave- Defined .......................................................................................... 10 1.51 Military Leave .................................................................................................... 11 1.52 Bereavement Leave .......................................................................................... 11 1.53 Leave of Absence ............................................................................................. 11 1.54 Vacation ............................................................................................................ 11 1.55 Plurality of Words ............................................................................................. 11 1.56 Immediately ....................................................................................................... 11 1.57 Shall, Will, Must and May ................................................................................. 12 1.58 Minor or Juvenile .............................................................................................. 12 1.59 Confidential Information…………………………………………………………….12 2.01 Department Authority ....................................................................................... 13 2.02 Organization ...................................................................................................... 13 2.03 Department Responsibility .............................................................................. 13 2.04 Operational Control .......................................................................................... 13 2.05 Chief of Police- Authority................................................................................. 14 2.06 Chief of Police- Responsibility ........................................................................ 14 2.07 Authority to Adopt Policies and Procedures ................................................. 14 2.08 Policy and Procedure Changes ....................................................................... 14 2.09 Chief of Police (Acting) .................................................................................... 15 2.10 Deputy Chief of Police- Authority ................................................................... 15 2.11 Deputy Chief of Police- Responsibilities ........................................................ 15 2.12 Commanding Officer- Authority ...................................................................... 15 2.13 Command Responsibility................................................................................. 16 2.14 Watch Commander- Authority and Responsibility ........................................ 17 2.15 Supervisory Authority and Responsibilities .................................................. 17 2.16 Investigative Authority ..................................................................................... 19 3.01 Knowledge of Laws and Regulations ............................................................. 20 3.02 Obedience to Laws, Rules, and Regulations ................................................. 20 3.03 Unbecoming Conduct ...................................................................................... 20 3.04 Truthfulness ...................................................................................................... 20 3.05 Conduct Toward the Public ............................................................................. 21 3.06 Conduct Toward Fellow Members .................................................................. 21 3.07 Ridicule/Criticism of the Department .............................................................. 21 3.08 Obedience to Orders ........................................................................................ 21

34

iii.

3.09 Insubordination ................................................................................................ 22 3.10 Dereliction of Duty ............................................................................................ 22 3.11 Assistance to Members ................................................................................... 22 3.12 Communicating with Superior Officers .......................................................... 23 3.13 Use of Alcohol .................................................................................................. 23 3.14 Use of Drugs ..................................................................................................... 23 3.15 Use of Tobacco ................................................................................................. 24 3.16 Gambling ........................................................................................................... 24 3.17 Gifts and Gratuities .......................................................................................... 24 3.18 Indebtedness .................................................................................................... 24 3.19 Giving Assistance to Criminals ....................................................................... 24 3.20 Prisoner/Suspect- Availability of Weapons .................................................... 25 3.21 Responding to Calls ......................................................................................... 25 3.22 On-Duty Calls & Investigations- Conflict ........................................................ 25 3.23 Police Action Based on Legal Justification ................................................... 25 3.24 Use of Force ...................................................................................................... 25 3.25 Searching of Prisoners .................................................................................... 25 3.26 Treatment of Prisoners .................................................................................... 26 3.27 Giving Name and Shield Number .................................................................... 26 3.28 Citizen Complaints ........................................................................................... 26 3.29 Misconduct Observed by Police Personnel ................................................... 26 3.30 Report of Suspected Criminal Involvement ................................................... 26 3.31 Statement During Departmental Investigations ............................................. 27 3.32 Knowledge of Information and Crime Bulletins ............................................. 27 3.33 Maintenance of Manuals .................................................................................. 27 3.34 Information Concerning Duties ....................................................................... 27 3.35 Reporting Illness or Injury ............................................................................... 27 3.36 Roll Call ............................................................................................................. 28 3.37 Punctuality ........................................................................................................ 28 3.38 Personal Appearance ....................................................................................... 28 3.39 PHYSICAL FITNESS FOR DUTY…………………………………………………...28 3.39 Supervisor/Commander Office Confidentiality-Restricted Areas….………..28 3.40 Specific Assignments not Exclusive Duty ..................................................... 28 3.41 Emergency Duty ............................................................................................... 29 3.42 Remaining on Duty Until Relieved .................................................................. 29 3.43 Maintenance of Communications ................................................................... 29 3.44 Cooperation with the News Media .................................................................. 29 3.45 Cooperation with Other Agencies…………………………………………………29 3.46 Police Service Off Duty .................................................................................... 30 3.47 Carrying of Shield and Weapon Off Duty ....................................................... 30 3.48 Peace Officer Authority Outside of State ....................................................... 30 3.49 Identification of Plainclothes Officers ............................................................ 30 3.50 Display of Firearms .......................................................................................... 30

35

iv.

3.51 Shield and Credentials ..................................................................................... 30 3.52 Weapon Qualifications ..................................................................................... 31 3.53 Confidentiality of Department Business......................................................... 31 3.54 Residence and Telephone ............................................................................... 31 3.55 Telephone and Address Confidentiality ......................................................... 31 3.56 Confidentiality of Mail ...................................................................................... 32 3.57 Expectations of Privacy ................................................................................... 32 3.58 Computer Use ................................................................................................... 32 3.59 Documentation and Submission of Reports .................................................. 33 3.60 Removing or Altering Records ........................................................................ 33 3.61 Correspondence ............................................................................................... 34 3.62 Personal Mail Addressed to Department ........................................................ 34 3.63 Court Attendance and Testimony ................................................................... 34 3.64 Assisting in Civil Cases ................................................................................... 35 3.65 Interviews and Testimony in Civil Cases ....................................................... 35 3.66 Instituting or Settling of Personal Civil Actions ............................................ 35 3.67 Testifying for the Defense................................................................................ 35 3.68 Protecting the Crime Scene ............................................................................. 36 3.69 Radio Procedures ............................................................................................. 36 3.70 Rendering Honors to the National Colors and Anthem................................. 36 3.71 Use of Department Vehicles ............................................................................ 36 3.72 Transporting Persons in Department Vehicles .............................................. 37 3.73 Reporting Accidents ........................................................................................ 37 3.74 Departmental Property ..................................................................................... 37 3.75 Loss of Departmental Equipment ................................................................... 37 3.76 Surrender of Departmental Property .............................................................. 37 3.77 Property- Booking/Disposal ............................................................................ 37 3.78 Membership in Organizations ......................................................................... 38 3.79 Outside Employment ........................................................................................ 38 3.80 Political Activity ................................................................................................ 38 3.81 Endorsements ................................................................................................... 38 4.01 Who is Subject to Disciplinary Action ............................................................ 39 4.02 Department Authority to Discipline ................................................................ 39 4.03 Levels of Disciplinary Action........................................................................... 39 4.04 Penalties ............................................................................................................ 40 4.05 Supervisory Discipline Authority .................................................................... 40 4.06 Retention of Formal Disciplinary Records ..................................................... 40 4.07 Retention of Internal Affairs Investigations ................................................... 41 4.08 Emergency Suspension ................................................................................... 41 4.09 Administrative Leave ....................................................................................... 41 4.10 Surrender of Equipment While Under Suspension ....................................... 42 4.11 Interdivisional Disciplinary Action .................................................................. 42 4.12 Changes to Disciplinary Reports .................................................................... 42

36

v.

4.13 Informing the Person Being Disciplined ........................................................ 42 4.14 Appeals from Penalties .................................................................................... 42 4.15 Grievances ........................................................................................................ 43

37

1

CHAPTER I

DEFINITIONS

1.01 Organizational Definitions

The following definitions will govern terminology to be used in all communications and whenever reference is made to any organizational unit. They are presented here to provide uniformity and clarification of terminology commonly used when discussing the operations and organization of the Stockton Police Department.

1.02 City

The area contained in the corporate limits of the city of Stockton.

1.03 Department

This term shall designate the Stockton Police Department and includes all subdivisions and personnel under the command of the Chief of Police.

1.04 Bureau

The first organizational level within the Department which is subordinate to the Office of the Chief of Police.

1.05 Division

The first major organizational level within the bureau.

38

2

1.06 Section

Generally, a section is a subordinate part of a division assigned to perform part of the duties of that division. A section can also be a small, independent, and separate element within a bureau.

1.07 Unit

A unit consists of Department members who serve a like function and is usually subordinate to a section.

1.08 Assignment

A position, post, or task to which a member has been charged with responsibility for performing.

1.09 Shift

The personnel of a functional unit assigned to one watch.

1.10 Detail

Members of the Department, grouped together for the purpose of accomplishing a specified mission or task.

1.11 District

A geographical area, the boundaries of which are administratively assigned, to which one or more members are specifically assigned during their tour of duty.

1.12 Sector

A designated geographic location within a district.

39

3

1.13 Watch

A period of time within a 24-hour period during which members are engaged in the performance of their assigned duties.

1.14 Civil Service Act

Article XXV of the Charter of the City of Stockton, and amendments thereto, which creates a civil service system for the Police and Fire Departments of the City, and authorized the adoption of rules and regulations for Police, Fire, and miscellaneous personnel covered under the civil service system.

1.15 Memorandum of Understanding (MOU)

The contractual agreement reached between the representatives of the various employee bargaining groups and the City of Stockton, in accordance with the “meet and confer” process concerning wages, hours, and other terms and conditions of employment in accordance with current labor laws.

1.16 Sworn Personnel

The members of the Stockton Police Department with peace officer status as defined in the California Penal Code, beginning at Section 830, who have been administered the oath of office.

1.17 Civilian Personnel

“Civilian personnel” shall mean members of the Stockton Police Department not included in the term “sworn personnel.”

1.18 Classified Service

The positions and employments which are included under the Civil Service Act.

40

4

1.19 Competitive Service (Civilian Employees)

The positions and employments occupied by members which are included or which may hereafter be included under the civil service system of the City, as “miscellaneous” employees.

1.20 Temporary Employee

A position of a specified/limited duration, made necessary by seasonal workloads, special projects, or other reasons.

1.21 Appointing Authority

The City Manager or the City Manager’s authorized representative.

1.22 Member

All personnel assigned to the Department, including sworn, civilian, and Department volunteers.

1.23 Police Reserve Officer

Members assigned specific police functions under authority of Section 830.6 of the California Penal Code, and by the Charter of the City of Stockton.

1.24 Police Officer

A sworn Department member who has been administered the oath of office and who possesses the power to arrest, pursuant to Sections 830.1 and 830.6 of the California Penal Code.

41

5

1.25 Supervisor

Any member assigned by the Chief to exercise authority over and who is responsible for overseeing the work activity of another member or group of members. Supervisors may be either sworn or civilian members.

1.26 Command Officer

An officer who has attained the rank of lieutenant or higher.

1.27 Superior Officer

An officer having supervisory responsibilities, either temporary or permanent, over officers of lower ranking.

1.28 Ranking Officer

The officer having the highest grade or rank among a designated group. Officers of the same grade should rank according to the date of their appointment to that grade. When two or more officers are appointed to the same grade on the same date, they shall rank respectively in the order of such appointment. When two or more officers are on duty together, the officer of the highest rank is in command and will be held responsible. For a special detail and for a specific period, an officer may be designated by the commanding officer to take command without regard to rank.

1.29 Seniority

Seniority within the Department is established first by rank and secondly by the aggregate time served in rank on a regular basis. Where a conflict occurs because of identical service or dates of appointment, the member with the highest position on the Civil Service eligibility list from which the appointments were made is deemed to be the senior. In situations requiring decision or control, where officers are of equal rank, the senior officer will make the decision and exercise control, unless otherwise directed by a higher ranking command or supervisory officer. (This does not, however, relieve less senior officers of their responsibilities to abide by the rules and policies of the Department.)

42

6

1.30 Acting in Command

A position to which a member is not ordinarily assigned, usually in a position of a higher rank. All the authority, responsibility, and duties of the higher position falls upon the acting officer. A member in an acting position shall not, except in urgent cases, alter or annul the existing orders of the permanent commander without the authority of a higher commanding officer.

1.31 Chain of Command

A series of administrative ranks or positions in which each has direct authority over the rank immediately below. All official communications of the Department, requests, information, suggestions, or complaints, whether moving upward or downward, shall be confined to official channels and follow the chain of command. Each link in the chain of command shall be respected in this regard.

Unless otherwise directed by the Chief of Police, the chain of command shall be adhered to as follows:

- Chief of Police - Bureau Commander (normally the rank of a Deputy Chief) - Division Commander (normally a Captain) - Section Commander (normally a Lieutenant) - Supervisor (sSergeant or civilian supervisor) - Member (officer or civilian personnel)

1.32 Through Official Channels

Through the superior officer in the chain of command.

1.33 Order

A command or instruction given by a superior officer to a subordinate. It may be either oral or written. A “lawful order” is any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law or ordinance.

43

7

1.34 Manual of Rules and Regulations

The rules and regulations which set forth a code of conduct to be followed by Department members, are expressed in this manual, and are applicable to all members of the Department. All existing rules and regulations, orders, and instructions in conflict with this manual are canceled.

1.35 General Order

A written order issued by the Chief of Police which is applicable to the Department. These orders shall be retained in the General Order Manual provided and are effective until canceled or revised. A “dDepartmental gGeneral oOrder” establishes the policy and/or procedure of the Chief of Police in dealing with a specific subject.

1.36 Divisional or Sectional Order

An order issued by the commanding officer of a division or section, directed to a subordinate, which dictates policy and procedure for that particular division or section.

1.37 Special Order

A written order issued by the Chief of Police or any commanding officer of a division or section directed to any person or group within the Department to accomplish any one of several short-term objectives. Copies of the orders are to be made available to all members who are affected by them. These orders generally become obsolete when their objective has been accomplished, upon an assigned cancellation date, or when incorporated into a General Order.

1.38 Informational Bulletin

A written bulletin issued at the Departmental, Divisional, or Sectional level, consisting of, but not limited to, memoranda, suggestions, or announcements.

44

8

1.39 Report

An oral or written communication. Reports shall be submitted promptly in the manner prescribed by Department procedures. Particular care shall be taken in their preparation to assure accuracy and thoroughness, as well as proper usage of language, punctuation, and spelling.

1.40 Rule

A rule is a specific prohibition or requirement that is stated to prevent deviation from policy or procedure.

1.41 Policy

Policy consists of principles and values which guide the performance of a Department activity. Policy is not a statement of what must be done in a particular situation; rather, it is a statement of guiding principles which should be followed in activities which are directed toward the attainment of Department objectives.

Policy is formulated by analyzing objectives and determining through research those principles which will best guide the Department in achieving its objectives. Policy is based upon police ethics and experience, the desires of the community, and the mandate of the law.

Policy is articulated to inform the public and Department members of the principles which will be adhered to in the performance of the law enforcement function. Additionally, policy establishes operational standards to assist Department members in the necessary exercise of discretion in discharging their responsibility.

A member in the performance of their duty is confronted with an infinite variety of complex situations which require police action. Since policy is objective rather than situation-oriented, it is broad enough in scope to encompass most situations. Policy, therefore, is stated in general terms.

45

9

1.42 Procedure

A procedure is a method of performing an operation or a manner of proceeding on a course of action. It differs from policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy. Both policies and procedures are objective-oriented; however, policy establishes limits of action while procedure directs response within those limits.

1.43 Public Service

Often, because there are no other public or private agencies available, the public relies upon the Department for assistance and advice in the many routine and emergency situations which develop in an urban society. For this reason, and because there is frequently a potential for crime, the Department regularly responds to incidents where it is not contemplated that an arrest will be made.

Saving lives and aiding the injured, locating lost persons, keeping the peace, and providing for many other miscellaneous needs are basic services provided by the Department. To satisfy these requests, the Department responds to calls for service and renders such aid or advice as needed or indicated by the situation.

1.44 Department Mission Statement

The Stockton Police Department Mission Statement reads as follows:

Our mission is to promote quality of life to the City of Stockton by working in partnership with the community to provide a safe and secure environment, recognizing and respecting the diversity and uniqueness of the citizens of our community, being sensitive and responsive to the public without bias or prejudice, utilizing personnel and financial resources in an efficient and effective manner, and responding to the ever changing needs of our community. To work in partnership with our community toward building and maintaining relationships founded on trust and mutual respect, while reducing crime and improving quality of life.

46

10

1.45 Beginning of Day and Week

The Department day, for record purposes, shall begin at 0001 hours and shall conclude at 2400 hours. The Department week, for record purposes, shall commence at 0001 hours each Sunday. Any exception to the day and week established for record purposes will be in the form of a written directive.

1.46 Duty

Any action required by one’s position, or by ethical or legal considerations.

1.47 On Duty

The state of a member during the shift, watch, or detail when they are responsible for performing regular and assigned duties.

1.48 Tour of Duty

The shift, watch, or detail when an individual is on duty.

1.49 Incompetency

The failure to demonstrate adequate qualifications or ability to satisfactorily perform assigned police duties.

1.50 Sick Leave- Defined

The period of time during which a member of the Department is excused from active duty by reason of illness or injury which is not service connected, in accordance with current Department policy.

47

11

1.51 Military Leave

A leave of absence to serve in any of the recognized branches of the military service in accordance with current Civil Service regulations.

1.52 Bereavement Leave

The leave granted by the Chief of Police with the approval of the City Manager, in case of death in the immediate family as defined by City policy. This benefit is not automatically granted and does not apply during leave without pay, suspension, or Worker’s Compensation leave.

1.53 Leave of Absence

That leave granted for an extended period during which a member is excused from active duty and during which they receive no pay. Such leave will be granted in accordance with current Civil Service regulations.

1.54 Vacation

The annual leave earned by eligible members of the Department. All eligible members are entitled to a vacation in accordance with the terms set forth in the applicable Memorandum of Understanding. Vacation will be arranged by the respective commanding officers.

1.55 Plurality of Words

The singular includes the plural and the plural includes the singular.

1.56 Immediately

The term “immediately” is to be construed to mean “as soon as possible and practical.”

48

12

1.57 Shall, Will, Must and May

“Shall, will, and must” isare mandatory, and “may” is permissive. “Shall, will, or must” indicates that the action required is mandatory. “May” indicates that the action is permissive.

1.58 Minor or Juvenile

Any person under the age of 18 years.

1.59 Confidential Police Information

Information which falls under one or more of the following: Not a Public Record Pertains to police personnel matters Dissemination would or could jeopardize an investigation

49

13

CHAPTER II AUTHORITY AND COMMAND

2.01 Department Authority

The Department is authorized under Article XI of the Charter of the City of Stockton.

2.02 Organization

The Department shall consist of a Chief of Police and such other officers and members as the Council may, from time to time, prescribe.

2.03 Department Responsibility

The Department, under the control, management, and direction of the Chief of Police, shall enforce the penal provisions of said Charter, the penal ordinances of the City, and the penal laws of the State of California and of the United States. The Department shall further execute all proper orders and processes which are duly issued by courts of competent authority and accomplish such additional duties as are essential for the protection and well beingwellbeing of the community.

2.04 Operational Control

The Department is established on a command structured basis, with the authority descending from superior to subordinate and responsibilities ascending from subordinate to superior. The line of command in the Department is divided into three collateral classifications:

(1) Executive or Command Authority (2) Investigative Authority (3) Functional or Staff Authority

50

14

2.05 Chief of Police- Authority

The Chief of Police is the chief executive officer of the Department in all matters of policy, operations, and discipline. The Chief exercises all the lawful powers of that office and issues such lawful orders and directives as are necessary to ensure the effective performance of the Department.

2.06 Chief of Police- Responsibility

The powers and duties of the Police Department are fixed with the Chief of Police, under Section 5, to Article XI, of the City Charter. It states, in part:

“Subject to the approval of the City Manager and the rules and regulations of the Civil Service Commission, the Chief of Police shall direct and supervise the personnel of the Department and have charge of the property and equipment thereof. In addition, the Chief of Police shall have the following duties: full power to detail any officer or member of the Department to such public service as may be necessary; recommend in writing to the City Manager that disciplinary action be taken against members of the Department pursuant to Article XXXII hereof, when in the judgment of the Chief of Police, it is deemed necessary, stating reasons therefor, and shall immediately file a copy of said recommendations with the Civil Service Commission.”

2.07 Authority to Adopt Policies and Procedures

The Chief of Police shall have the authority to adopt policies and procedures for the administration of the Department. This authority shall include fixing duties and providing for their enforcement, and prescribing penalties for violations for such directives, policies, or procedures.

2.08 Policy and Procedure Changes

Policies and procedures and written orders shall not be canceled, amended, or issued without the approval of the Chief of Police or the Chief’s designee.

51

15

2.09 Chief of Police (Acting)

In the case of absence or disability of the Chief of Police for an extended period of time, a commanding officer of the Police Department designated by the City Manager shall perform the duties and exercise the powers of the Chief of Police.

2.10 Deputy Chief of Police- Authority

Deputy Chiefs of Police may be appointed by the Chief of Police to provide administrative and executive assistance to the Chief. Deputy Chiefs are subject to the authority of the Chief and shall be responsible for the overall operation of their assigned bureaus.

2.11 Deputy Chief of Police- Responsibilities

Deputy Chiefs of Police are ordinarily assigned to command a bureau of the Department, but may be assigned additional duties by the Chief of Police. Deputy Chiefs will report personally to the Chief of Police and shall submit such reports relating to their command as may be required by the Chief. The Chief may select a Deputy Chief to be Acting Chief of Police during the Chief’s temporary absence or disability.

2.12 Commanding Officer- Authority

Commanding officers have responsibility and accountability for every aspect of their command. Commensurately, within policy guidelines and legal constraints, they have the authority to coordinate and direct assigned personnel and other allocated resources in achieving organizational objectives. In so doing, they must perform the full range of administrative functions, relying upon policy, direction, training, and personal initiative to guide their command in achieving the highest level of performance possible.

52

16

2.13 Command Responsibility

Subject to direction from a higher ranking commanding officer, commanding officers have direct control over all members within their command. In addition to the general and individual responsibilities of all members and supervisory officers, a commanding officer is responsible for the following:

Command - Directing and controlling members under their command to assure the proper performance of duties and adherence to established rules and regulations, policies and procedures. Providing for continuation of command and/or supervision in their absence.

Loyalty and Esprit de Corps - Developing and maintaining esprit de corps and loyalty to the Department.

Discipline and Morale - Maintaining discipline and morale within the command, and investigating personnel complaints not assigned elsewhere.

Interdivisional Action - Promoting harmony and cooperation with other units of the Department. Initiating proper action in cases not regularly assigned to their command when the delay necessary to inform the proper unit might result in a failure to perform a duty.

Organization and Assignment - Properly organizing and assigning duties within their unit to assure proper performance of Department functions and those of their command. Reports and Records - Preparing required correspondence, reports, and maintenance of records relating to the activities of their command. Assuring that information is communicated up and down the chain of command as required.

Maintenance - Assuring that work stations, equipment, supplies, and material assigned to their command are correctly used and maintained.

Commendations - Assuring that acts of heroism and outstanding performance receive proper recognition.

53

17

2.14 Watch Commander- Authority and Responsibility

The Watch Commander, in the absence of those members of the Department who regularly exercise such authority, shall be designated as the ranking authority within the Department. Such authorization and responsibility is not limited or confined to the Watch Commander’s own division, but includes supervision over and responsibility for all members within the Department. In the absence of the Watch Commander, the senior supervisory member of the Patrol Section assigned to that watch is in charge, unless otherwise provided.

In addition to the general and individual responsibilities of all members, the Watch Commander is specifically responsible for the following:

Good Order - The general good order of their command during tour of duty, to include proper discipline, conduct, welfare, field training, and efficiency.

Roll Call - Conducting prescribed roll calls, communicating all orders or other information at roll call, and inspection and correction of their command as necessary.

Reporting - Making reports and maintaining all records as required by the division commander or higher authority.

Personnel Complaints - Inquiring into personnel complaints against members under their command in accordance with Department policies and procedures.

Training - Recognizing the training needs of subordinates and reporting the same to the appropriate commanding officer(s).

Communication - Ensuring that proper communications are made relative to priority matters to the oncoming shifts, and proper notifications to district and other commanders relative to matters of their concern.

2.15 Supervisory Authority and Responsibilities

Supervisors are members in charge of one or more members.

Civilian supervisors have the same authority over their subordinates, within the chain of command, that sworn supervisors have.

In addition to the general and individual responsibilities of all members, each

54

18

supervisor is specifically responsible for the following:

Supervision - Supervisors may be assigned to field or office duties. During their tour of duty, supervisors must closely supervise the activities of their subordinates, making corrections where necessary and commanding where appropriate. Leadership - Effective supervision demands leadership. The provision of leadership shall include providing job training and development for subordinates, helping to guide and inspire subordinates to achieve team and organizational goals, and creating a positive work environment.

Direction - Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline, and efficiency of subordinates. Exercise of command may extend to subordinates outside the usual sphere of supervision if the police objective or integrity of the Department so requires, or if no other provision is made for temporarily unsupervised members.

If a supervisor requires a subordinate other than the supervisor’s own to leave a regular assignment, the supervisor so directing will inform the subordinate’s supervisor as soon as possible.

Enforcement of Rules - Supervisors must enforce Department rules and regulations and ensure compliance with Department policies and procedures.

Inspection - Supervisors are responsible for the inspectinginspection of activities, personnel, and equipment under their supervision and initiating appropriate action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate.

Knowledge of Conditions - Supervisors have a duty to become familiar with conditions which affect the work of their subordinates. Supervisors will take appropriate measures to correct adverse conditions and inform their superiors as necessary.

Information to Subordinates - Supervisors will inform subordinates of decisions by higher authorities which affect them, unless such information is confidential. Supervisors will disseminate Departmental information concerning policies and procedures. Training - Supervisors will ensure that subordinates are given practical assistance and training in the discharge of their duties. Supervisors will recognize training needs of their subordinates and will bring this to the attention of their superiors.

55

19

Knowledge of Subordinates’ Performance - Supervisors will closely observe the work of their subordinates and be prepared to evaluate it accurately for their superiors in as much detail as required. Supervisors will prepare a written report to their superiors of the conduct of a subordinate which may fall into the following categories:

-Misconduct -Unfitness -Exceptional or Outstanding Work -Recommendations for Awards

Report Review - Supervisors will strive to maintain a high level of quality in reports generated by subordinates, by ensuring that reports by subordinates are submitted in a timely manner and within established Department guidelines.

Morale - Supervisors will take positive steps to create and maintain high morale and a spirit of service among subordinates.

Equal Employment Opportunity - All supervisors have the ultimate responsibility for assuring a nondiscriminatory work environment. Supervisors will report complaints concerning discrimination, take appropriate action, and provide any assistance as may be required in investigating.

Personnel Investigations - All supervisory personnel will thoroughly familiarize themselves with the provisions and procedures outlined in the Department’s Personnel Complaint Policy.

2.16 Investigative Authority

Members of the Department, when detailed to a criminal investigation, accident investigation, or juvenile case, will be in complete charge at the scene and elsewhere in connection with the investigation, subject to the Chain of Command.

56

20

CHAPTER III

DUTY AND CONDUCT

3.01 Knowledge of Laws and Regulations

Every member will establish and maintain a working knowledge of all pertinent laws and ordinances, as well as Department policies and procedures. Members will become thoroughly familiar with the Department Manual of Rules and Regulations. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule, or policy in question.

3.02 Obedience to Laws, Rules, and Regulations

Members shall not, whether on or off duty, negligently, knowingly, or intentionally commit any act which results in the commission of a criminal act or violates any law or Department policy, rule, regulation, or procedure.

3.03 Unbecoming Conduct

Members shall not engage in any conduct or activities on or off duty that reflect discredit on the members, tend to bring this Department into disrepute, or impair its efficient and effective operation.

3.04 Truthfulness

A. Department members shall be accurate, complete, and truthful in all matters.

B. No member shall knowingly make false statements to superior officers when

questioned or interviewed.

C. No member shall falsely make any type of official report, either orally or in writing, or knowingly enter or cause to be entered any inaccurate, false, or improper information on the books, records, or registers of the Department.

D. No member shall be intentionally or maliciously deceitful in Departmental matters.

57

21

3.05 Conduct Toward the Public

All members of the Department shall conduct themselves toward the public in a civil, courteous, and professional manner that will foster public respect, cooperation, and a community partnership. Members shall respect and protect the rights of the public and shall perform in a manner consistent with the principles outlined in the Department’s Mission Statement., and shall ensure that they adhere to the tenets of Procedural Justice (Voice, Neutrality, Respect and Trustworthiness).

3.06 Conduct Toward Fellow Members

Department members shall conduct themselves in a manner that will foster cooperation among members of the Department, show respect, courtesy, and professionalism in their dealings with one another.

Members shall not use language or engage in acts that demean, harass, or intimidate another person., and shall ensure that they adhere to the tenets of Procedural Justice (Voice, Neutrality, Respect and Trustworthiness).

3.07 Ridicule/Criticism of the Department

Members shall not publicly criticize or ridicule the Department, its policies, or other members orally, in writing, electronically, or in any other manner where such expression:

a. is defamatory or made with reckless disregard for the truth b. is obscene c. is unlawful d. tends to impair the operation of the Department by interfering with the ability of

supervisors to maintain order 3.08 Obedience to Orders

Department members shall obey all lawful orders from superiors and shall complete their orders or assignments in a reasonable amount of time.

A. Should any member be given an order which is in conflict with any previous

order or direction, the member shall call the conflict to the attention of the person giving the order. If the superior requires that the order still be carried out, the member shall comply, and the responsibility shall rest with the superior

58

22

officer taking such action. B. No member is required to obey any order which is contrary to the laws of the

United States, the State of California, or the ordinances of the City of Stockton. Such refusal to obey, however, is the member’s responsibility, and the member shall be strictly required to justify their actions.

C. Members who are given orders they feel are unjust or contrary to the rules and

regulations or established policy must first obey the order to the best of their ability, and then proceed to appeal.

D. Members may appeal for relief from orders which they believe to be unjust or

improper. Such appeals shall be made in writing to higher authority through official channels. The member appealing the order is responsible for justifying the appeal. Frivolous, irresponsible or capricious appeals will be considered serious misconduct.

E. A command officer shall not knowingly issue any order which is in violation of

any law, ordinance, Departmental order, or rule.

3.09 Insubordination

The failure or deliberate refusal of any member to obey a lawful order given by a superior officer shall be deemed insubordination. Flouting the authority of the superior officer by manifest disrespect or by disputing their orders as well as disrespectful, mutinous, insolent, or abusive language or conduct toward a supervising officer is also insubordination and in violation of Department rules.

3.10 Dereliction of Duty

All members of the Department shall perform their duties as required or directed by law, Departmental rule, policy, or order. The improper performance of or failure to perform a required police duty, or neglecting assigned duties to conduct unauthorized activities, shall be deemed dereliction of duty.

3.11 Assistance to Members

Any officer who fails to take effective police action or who fails to aid and protect a fellow officer in time of danger or under circumstances where danger might reasonably be impending, except when actually incapacitated, is deemed to be in

59

23

gross dereliction of duty.

3.12 Communicating with Superior Officers

Members shall adhere to the Department’s chain of command when communicating within their assigned duties. Members possessing information they desire to forward or wish to refer a complaint against any other member may communicate with the Office of the Chief of Police or any command or supervisory officer. Such communications shall be made through the official channels within the member’s own chain of command. When the information to be forwarded or the complaint to be preferred is of such a nature that it must be brought to the immediate personal attention of the Chief of Police, the member may bypass official channels and contact the Office of the Chief of Police. Such member may, however, be required to justify this departure from established procedure.

3.13 Use of Alcohol

Members shall not drink intoxicating beverages while on duty, except as required in the performance of their duty or while acting under proper and specific orders from a superior. Members shall not appear for duty or be on duty while under the influence of intoxicants or with an odor of intoxicants on their breath, except as required in the performance of their duty. Members who, while off duty, consume intoxicating beverages to such an extent that it results in a level of impairment, intoxication, or obnoxious or offensive behavior which discredits the Department, violates the law, or renders them unfit to report for their next regular tour of duty, are subject to disciplinary action.

No alcoholic beverage shall be served or consumed by anyone on Police premises or in vehicles owned by this cCity. If the individual who consumed the alcohol is not a City employee, but is a guest of a City employee, that employee is liable for the non-employee’s actions.

3.14 Use of Drugs

Members shall not use any controlled substances, narcotics, or hallucinogens, except when and in the manner prescribed by a physician or dentist prior to reporting for duty. Members must report the use of any such substance that may impair their ability to perform their duties.

60

24

3.15 Use of Tobacco

While on duty, a member shall not use a tobacco product unless in a designated area and while not conducting police business. Additionally, members are not permitted to use tobacco products in a vehicle owned or maintained by this cCity.

3.16 Gambling

No games of chance, stakes, or wagers shall be played in violation of any law by any member of the Department, except as necessary in the performance of official duties.

Members shall refrain from all forms of legalized gambling while on duty, except as necessary in the performance of official duties.

3.17 Gifts and Gratuities

Members shall not use their authority or position:

a. for financial gain b. for obtaining or granting privileges or favors not otherwise available to them or

others as private citizens c. to avoid the consequences of illegal acts for themselves or for others d. to barter, solicit, or accept any goods, services, or other gratuity (including gifts,

discounts, rewards, loans, or fees) whether for the member or for another

Members shall not solicit or accept contributions for this Department or for any other agency, organization, event, or cause without the express consent of the Chief of Police or the Chief’s designee.

3.18 Indebtedness

Members shall keep their personal finances in order so as not to affect their on-duty performance or bring discredit or embarrassment upon the Department.

3.19 Giving Assistance to Criminals

Members shall not communicate in any manner, directly or indirectly, any information which may enable persons suspected or guilty of criminal or quasi-criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete any money, goods, or other valuables unlawfully obtained, or withhold any evidence of unlawful activity.

61

25

3.20 Prisoner/Suspect - Availability of Weapons

Members shall not place weapons or objects adaptable for use as weapons and capable of inflicting serious bodily injury, or permit such weapons or objects to remain unattended in any locations which may be accessible to a prisoner or suspect.

3.21 Responding to Calls

Members shall respond without delay to all calls for police assistance from citizens or other officers within the guidelines established by current Department policy.

3.22 On-Duty Calls & Investigations - Conflict

Members shall not handle calls for service or investigations involving themselves, their relatives, personal friends, or neighbors without express permission of a supervisor.

3.23 Police Action Based on Legal Justification

What is reasonable in terms of appropriate police actions or what constitutes probable cause varies with each situation. Different facts may justify an investigation, a detention, a search, an arrest, or no action at all. The requirement that legal justification be present imposes a limitation on an officer’s actions. In every case, an officer must act reasonably within the limits of authority as defined by statute and judicial interpretation, thereby ensuring that the rights of both the individual and the public are protected.

3.24 Use of Force

While recognizing the need to demonstrate authority and control over criminal suspects and prisoners, Department members shall adhere to the Department’s Use of Force policy, including the requirement to report the force used on or off duty, and shall observe the civil rights and protect the well beingwellbeing of those in their charge.

3.25 Searching of Prisoners

The searching of prisoners shall be in accordance with Department policy and current law.

62

26

3.26 Treatment of Prisoners

Prisoners shall be treated in a fair and humane manner at all times, as provided by law. They shall not be subjected to physical force other than as may be required in subduing violence or assuring detention. The safety of prisoners, whether arrested or detained, shall be observed at all times unless sound police practice dictates otherwise.

3.27 Giving Name and Shield Number

Members will give their name and shield number in a courteous manner to any person so requesting.

3.28 Citizen Complaints

Members shall be attentive to complaints by citizens and shall adhere to Department policies and procedures regarding the acceptance of citizen’s complaints and the complaint investigative process.

3.29 Misconduct Observed by Police Personnel

Whenever any Department member observes or is informed of alleged misconduct or possible criminal activity of another member, they shall take authorized and necessary action, which includes the proper reporting, in accordance with Department policies and procedures.

The officer assigned the investigation of an alleged act of misconduct on the part of a member of the Department shall conduct a thorough and accuratecomplete investigation and report the findings of the investigation in accordance with the existing policy.

3.30 Report of Suspected Criminal Involvement

Members who are arrested, cited (excluding traffic infractions), or come under investigation for any criminal offense in this or another jurisdiction shall report this fact to a superior immediately or as soon as possible.

63

27

3.31 Statement During Departmental Investigations

Every member of the Department who, when so directed by competent authority, refuses to answer questions or render statements material and relevant in any Departmental investigation will be subject to disciplinary action.

3.32 Knowledge of Information and Crime Bulletins

Members shall acquaint themselves, daily, when on duty and immediately upon returning from an absence, with the various crime bulletins, Informational directives and Special Orders, and electronic messages which are pertinent to themselves or their assignment.

3.33 Maintenance of Manuals

All members issued manuals (Manual of Rules & Regulations, General Order Manual, Report Writing Manual, Uniform Manual, etc.) are responsible for their maintenance and will keep their manuals current and up to date.

3.34 Information Concerning Duties

Members of the Department who are in doubt as to the nature or details of their assignment shall seek such information from their immediate supervisor. Failure on their part to do so, resulting in improper performance or omission of their duty, may result in punitive action.

3.35 Reporting Illness or Injury

Members scheduled for duty, who will not be able to report at the designated time due to illness or injury, shall promptly make such reports as are required by the appropriate General Order.

Members will adhere to the Department’s Sick Leave Policy and attendance guidelines.

No member shall feign sickness or injury or deceive a representative of the Department or City as to their real condition.

64

28

3.36 Roll Call

All members, unless otherwise directed, shall present themselves at a daily roll call at the time and place specified. They shall be properly uniformed and equipped. Members will remain at roll call until officially dismissed.

3.37 Punctuality

All Department members shall be punctual in reporting for duty at the time and place designated by their supervisor or as indicated on Department schedules.

3.38 Personal Appearance

Every member of the Department, except where duties require otherwise, must at all times be neat and clean in person, with clothes clean and pressed. Members will adhere to the dress requirements outlined in the Department’s Uniform Manual or related policies.

3.39 Physical Fitness for Duty

Officers shall maintain good physical condition so they can handle the strenuous physical contacts often required of a law enforcement officer.

3.39 Supervisor/Commander Office Confidentiality – Restricted Areas

It is imperative that a high level of security and confidentiality be maintained within supervisors’ and commanders’ offices and belongings (such as briefcases) to maintain the integrity of supervisory and administrative issues. Such areas are deemed restricted areas, and members will not enter or search such areas without the express permission of the supervisor or commander. If entrance is made based on such permission, the member’s activities will be limited to what is required in the performance of a specific task; it shall not be for personal gain or advantage, or for the harm of others. Inappropriate or unauthorized access to, or in, restricted areas is deemed a violation of confidentiality and security.

3.40 Specific Assignments Not Exclusive Duty

Notwithstanding the fact that an officer may be detailed to specific duties, the officer is not considered relieved from taking proper police action when the occasion requires it.

65

29

3.41 Emergency Duty

Members off duty shall report for duty promptly or in compliance with the directive given them upon the receipt of notification that an emergency situation exists.

3.42 Remaining On Duty Until Relieved

All members of the Department are to remain at their post and duty until properly relieved by another member, employee, or until officially dismissed by a superior officer.

3.43 Maintenance of Communications

Members on duty, or when officially on call, shall be directly available by normal communications or shall keep the Command Center, their office, or superior officer informed of the means by which they may be reached when not immediately available.

3.44 Cooperation with the News Media

Members shall extend full courtesy to the working news media and will adhere to Department policies and procedures relative to the Press Information Officer, the media and information releases, and media access to incident scenes. Whenever any member is of the opinion that it would be contrary to sound police practice or procedures to permit access to a crime scene or release information, and there is a conflict of opinion on whether to allow access or release information, that member shall refer the media to their immediate supervisor for further decision.

3.45 Cooperation with Other Agencies

Members shall cooperate with all law enforcement agencies, other City Departments, and public service organizations, and shall give aid and information as such organizations may be entitled to receive, consistent with Department orders and state law.

66

30

3.46 Police Service Off Duty

Officers, while off duty and in the cCity of Stockton, shall perform necessary police service whenever or wherever they are aware of a serious criminal offense or a present threat to life. When there is no urgent or immediate need for police action, they shall call for services of officers on duty.

3.47 Carrying of Shield and Weapon Off Duty

Officers, when off duty and in the cCity of Stockton, unless impractical, shall carry or have in their immediate possession their Departmental identification, shield, and a weapon that is in compliance with current Department policy. Weapons shall not be carried by any officer who has consumed an amount of alcoholic beverage or taken any drug that would tend to adversely affect the officer’s senses or judgment.

3.48 Peace Officer Authority Outside of State

Peace officer powers of Stockton Police officers do not extend beyond this state except as provided for in the Uniform Act on Fresh Pursuit. Officers who are outside the boundaries of this state for extradition or other matters of direct concern to the City are not to engage in police activities unless necessary in the performance of their duties as an agent of the City, and then only after consideration of the tactical situation.

3.49 Identification of Plainclothes Officers

Except in emergencies where it would be neither feasible nor practical, plainclothes officers or officers off duty in plain clothes, when taking any official action, shall identify themselves immediately by displaying their official Department shield and identification card.

3.50 Display of Firearms

Officers shall at no time intentionally display their firearms or draw them in any public place manner, except for proper inspection or official use.

3.51 Shield and Credentials

Officers shall wear or carry the shield issued and bearing the number assigned to them. They shall not carry or wear a shield bearing another number except in emergencies, and then only with authorization.

67

31

3.52 Weapon Qualifications

Sworn members shall complete weapon qualification requirements as prescribed in Department policy.

Officers shall examine and clean their duty-issued firearms as often as necessary to keep them in good serviceable condition.

3.53 Confidentiality of Department Business

Members shall not reveal confidential police information outside of the Department except as provided by law or directed by a command officer. Members shall not divulge any police information to which they may have access or which may come to their attention, nor shall they make information contained in police reports available to anyone except as provided by law or by designated authority. Questions regarding the disclosure of information shall be referred to a command officer. Violation of security of Department information constitutes gross misconduct.

3.54 Residence and Telephone

Members shall adhere to current residency requirements and shall maintain telephone accessibility at their residence.

Members shall keep the Department informed of their correct physical address and telephone number. They shall report, in writing, any change in their residence and/or phone number to the Office of the Chief of Police within 24 hours after such change.

3.55 Telephone and Address Confidentiality

Unless authorized by a command officer, no member shall release the name, phone number, and/or address information of a member to a non-member. When the requesting party wishes to contact a member for personal emergency or urgent work-related reasons, the division secretarial staff member or a supervisor will immediately attempt to contact the member and deliver the message. When the request does not require an immediate contact or when the division secretarial staff member or a supervisor is unable to contact the member, they may provide the requesting party with the member’s Department voice mailbox number. When there is no Department voice mailbox for the member, a written message shall be taken and forwarded as appropriate.

68

32

3.56 Confidentiality of Mail

Personal mail should not be mailed to the Department. Any mail or written communication that is addressed to a member by name shall be considered confidential and shall not be opened or read by any other member without the permission of the addressee. An exception is that mail addressed to a member with the address of the Department may be opened by a Chief’s Office representative. This may be done to ensure proper routing and compliance with Department rules and regulations.

3.57 Expectations of Privacy

Members shall not store personal property information with an expectation of personal privacy in such places as lockers, desks, Department-owned vehicles, file cabinets, computers, or similar areas that are under the control and management of this Department. While this agency recognizes the need for members to occasionally store personal items in such areas, these and similar places may be inspected or otherwise entered – to meet operational needs, internal investigatory requirements, or for any other reasons – at the direction of the agency’s chief executive or their designee.

3.58 Computer Use

All members shall conform to the Department’s policies and procedures and City’s administrative directive relative to the utilization of Department computers and the information obtained from such use.

Federal and state laws are applicable to the use of criminal justice computer systems, and violations of this section may also violate agreements or statutes relating to the use of those systems. Therefore:

A. Members shall maintain the security and confidentiality of the Department’s

computer systems and the files contained therein. B. Members shall not access or utilize the computer systems or information

contained in them, or available through them, without access authorization from their supervisor.

CB. Computer “hacking” is prohibited within the Department. Members shall

only utilize and access those systems, programs, files, and information authorized for their use by competent authority.

69

33

DC. Members shall use Department computer systems, files, and programs and

information onlyprimarily for official business.

ED. Members are advised that they do not maintain any right of privacy in Department computer equipment or its contents, including personally-owned software which has been installed with or without authorization.

1. This agency reserves the right to access any information contained in

Department computers and may require members to provide passwords to files that have been encrypted or password-protected.

2. The agency reserves the right to access, for quality control purposes and/or

ensuring compliance with this provision, electronic and voice transmissions of members conducting the business of this agency.

E. The primary purpose for City employees’ access to the Internet is to facilitate

the conduct of City-related business. It is the policy of the City of Stockton that personal use of the Internet shall be kept to a minimum. In all cases such use shall be reasonable and primarily limited to breaks, lunch hour, and before or after working hours.

3.59 Documentation and Submission of Reports

The proper documentation of crimes, arrests, and other incidents is essential to the efficient functioning of the Department. Members shall submit written reports (or authorized electronic messaging) as required by Department policies, procedures, orders, or the Department’s Report Writing Manual. This includes the requirement to report force used on or off duty. Members who are responsible for handling calls for service shall document the action taken relative to the call and the disposition. They shall not simply indicate that the call was handled without a description of their action.

Members who are in doubt as to the proper way of documenting a particular incident shall seek guidance from their supervisor.

3.60 Removing or Altering Records

No member shall remove or alter any Department record or photograph except in the line of duty.

No member of this agency shall maintain files or duplicate copies of official agency

70

34

files in either manual or electronic formats at their place of residence or in other locations outside the confines of this agency without express permission.

3.61 Correspondence

Members shall not use Department letterheads for their private correspondence, nor shall they send official correspondence out of the Department over their signatures without general permission of the Chief of Police.

All correspondence shall be in accordance with City and Department policy.

3.62 Personal Mail Addressed to Department

Members will not use the Department as a mailing address for private business or correspondence. The Department address shall not be used on any motor vehicle registration or driver’s license.

3.63 Court Attendance and Testimony

Attendance at a court or quasi-judicial hearing as required by subpoena is an official duty assignment. Members shall attend punctually as indicated on the subpoena. Request for permission to omit this duty must be cleared with the prosecuting attorney handling the case or other competent court authority. Members failing to appear in court as required by subpoena subject themselves to disciplinary action.

All members, when appearing in court to testify in any case, are responsible for becoming completely familiar with that portion of the case in which they were involved.

Members in court shall testify in a clear and concise manner. Questions shall be answered promptly, truthfully, and without evasion. Personal behavior shall be exemplary, both while in court awaiting call and while on the witness stand. Members appearing in court in response to a subpoena or other summons shall present a clean and neat appearance. They shall wear their Departmental uniform or professional civilian attire. In the case of male officers, this would include a business suit and tie, or slacks, sport coat, and tie. Female officers will dress appropriately to meet these standards. Weapons or other police equipment shall not be displayed intentionally, except when wearing the Departmental uniform.

Every member, when appearing as a witness before any competent investigative

71

35

body, judicial tribunal, hearing board, or person authorized to take testimony, who refuses to testify, will be subject to disciplinary action.

3.64 Assisting in Civil Cases

Members shall not serve civil process or render assistance in civil cases except as required by law as directed by the Chief in the course of their official duty, or where they may be personally involved.

3.65 Interviews and Testimony in Civil Cases

Members of the Department shall not volunteer to testify in civil actions arising out of their employment, nor shall they testify unless subpoenaed. If the subpoena arises out of their Departmental employment, they shall immediately notify their immediate superior of the service of the subpoena, who in turn will then notify the City Attorney’s Office. Interviews requested by outside attorneys or investigators in regard to such cases will also be cleared with one’s supervisor and the City Attorney.

3.66 Instituting or Settling of Personal Civil Actions

Members shall not institute any civil actions against a third party arising out of their official duties, or accept or agree to accept anything as payment or settlement for personal injuries sustained in the discharge of their official duties without first notifying the Office of the Chief of Police. This is in no way intended to preclude anyone from instituting such actions, but is only an attempt to protect the interests of the City against such third party.

3.67 Testifying for the Defense

All members subpoenaed or asked to testify for the defense in any criminal trial, or against the City or Department in any type of hearing or trial, shall notify their Division/Section Commander upon receipt of said subpoena or verbal request and before testifying. The division/section commander shall in turn notify the City Attorney’s Office or District Attorney’s Office in regard to the case.

72

36

3.68 Protecting the Crime Scene

It shall be the duty of all officers, when assigned to or assuming control at a crime scene, to arrest the violator whenever possible, detainidentify witnesses, and keep the premises or area secure from intrusion by unauthorized persons and maintain it without change in appearance and character. This responsibility shall terminate and the member shall stand relieved when upon the arrival and takeover by an investigator, a superior officer, or any other member specifically assigned to investigate the crime. However, when required by the officer assuming charge, they will stand by and assist.

3.69 Radio Procedures

All members operating the police radio, MDC, cellular phone, or any other communication device shall strictly adhere to procedures as set forth in Department policy and by the Federal Communications Commission.

All communications will be made in a clear, courteous, and professional manner.

3.70 Rendering Honors to the National Colors and Anthem

Members of the Department in uniform will, at all appropriate times, render full military honors to the National Colors and Anthem. Members on duty in civilian dress will, at appropriate times, render proper civilian honors to the National Colors and Anthem.

3.71 Use of Department Vehicles

Members shall comply with the rules of the road as outlined in the California Vehicle Code. Members shall not violate traffic laws without good and justifiable cause.

Members shall operate official vehicles in a careful and prudent manner consistent with Department policy. All members required to drive shall have a valid California Driver’s License. Loss, expiration, or suspension of their Driver’s License shall be immediately reported to their supervisor. Members shall not use any vehicle assigned to the Department without the knowledge and consent of their commanding officers. Such vehicles shall not be used for personal business without prior authorization.

73

37

3.72 Transporting Persons in Department Vehicles

Transporting persons in Department vehicles shall be performed in conformance with Department policy.

3.73 Reporting Accidents

Members involved in a motor vehicle accident with City equipment shall report the accident immediately to a supervisor and shall have the accident fully investigated by members not involved. The investigation will be conducted in accordance with Department policy.

3.74 Departmental Property

Any member using Departmental equipment or property shall be held responsible for its proper care and use. Members will immediately report to their immediate supervisor any loss or damage to Department equipment assigned to or used by them. The report shall be made in accordance with Departmental policies and procedures.

3.75 Loss of Departmental Equipment

Members losing items of Departmental equipment which they have been issued will be required to explain and document the occasion and circumstances of such loss and to take all suitable measures to recover them. If unsuccessful in locating the lost item, the member may be required to pay for the item and/or receive such other discipline as may be appropriate.

3.76 Surrender of Departmental Property

Members shall surrender all Departmental property issued to them upon separation from the service. Failure to return non-expendable items may require that the member reimburse the Department for the fair market value of the article(s).

3.77 Property - Booking/Disposal

All property of value, regardless of the circumstances under which it was acquired by the member, will be turned in to the Department and properly booked. The handling and disposition shall be in accordance with Department policy. Property of no monetary or evidentiary value and with no known owner, may be disposed of by the officer concerned. The officer will ensure the appropriate documentation is made.

74

38

3.78 Membership in Organizations

Except for the Armed Forces Reserve components enumerated in the California Veterans Code, members shall not affiliate themselves with any organization or group, the constitution or by-laws of which in any way exacts prior consideration or prevents its members from rendering proper and efficient service to the Department.

No member shall knowingly be connected with, or be a member of, any subversive organization, except in the line of duty.

3.79 Outside Employment

Members shall not accept employment with, or participate actively in the management or operation of, any business that would result in a conflict of interest, reflect negatively or bring discredit on said members or the Department, or that would affect members’ efficiency in the performance of their regular duties.

3.80 Political Activity

Members shall be guided by state law regarding their participation and involvement in political activities. Where state law is silent on this issue, officers shall be guided by the following examples of prohibited political activities during working hours, while in uniform, or otherwise serving as a representative of this agency:

a. Place or affix any campaign literature on city/county-owned property b. Solicit political funds c. Solicit contributions, signatures, or other forms of support for political

candidates, parties, or ballot measures on property owned by this jurisdiction d. Use official authority to interfere with any election or interfere with the political

actions of other employees or the general public e. Favor or discriminate against any person because of political opinions or

affiliations

3.81 Endorsements

Members may not, under color of authority or while on duty, recommend or facilitate the sale of commercial products or services to the public. This includes, but is not limited to, the use of tow services, repair firms, attorneys, bailbond companies, or other technical or professional services. This provision does not pertain to the endorsement of appropriate governmental services where there is a duty to make such endorsements.

75

39

CHAPTER IV

DEPARTMENTAL DISCIPLINE

4.01 Who is Subject to Disciplinary Action

Members who violate their trust by committing any offense punishable under federal, state, or local statute or who violates any provision of the Rules and Regulations or other lawful written or oral order shall be subject to appropriate disciplinary action.

4.02 Department Authority to Discipline

Final Department disciplinary authority rests with the Chief of Police and/or the City Manager. Except for informal discipline (Oral Reprimands and Memorandums of Correction), all Department discipline shall be taken or approved by the Chief of Police.

4.03 Levels of Disciplinary Action

Disciplinary action within the Department shall be divided into two levels:

1. Informal Discipline

This level of disciplinary action shall be as the title indicates, informal, and willbe handled within the respective divisions. It will consist of the Oral Reprimandand the Memorandum of Correction. No record will be made in the member’sformal personnel file of such actions. The Memorandum of Correction will beretained in the division files for a period of 13 months, then destroyed, unlessother action is pending.

2. Formal Discipline

This level of disciplinary action shall include the following:

a. Written Reprimandb. Forfeiture of Time Offc. Reduction in Payd. Suspensione. Demotionf. Termination

76

40

Any action taken at this level will be documented in the member’s official personnel file.

4.04 Penalties

Subject to the provisions of the Charter of the City of Stockton, the rules of the Civil Service Commission, and, when necessary, the approval of the City Manager, the following penalties may be assessed against any member of the Department as disciplinary action:

1. Oral Reprimand 2. Memorandum of Correction 3. Written Reprimand 4. Forfeiture of Time Off 5. Reduction in Pay 6. Suspension 7. Demotion 8. Discharge from Service 9. Other (i.e., counseling, substance abuse testing)

4.05 Supervisory Discipline Authority

Supervisors may take the following disciplinary measures:

1. Oral Reprimand 2. Memorandum of Correction 3. Recommend Written Reprimand

4.06 Retention of Formal Disciplinary Records

A record of all formal discipline will be retained in the member’s formal personnel file, until purged according to the following procedure. 1. The Written Reprimand and Forfeiture of Time Off will be purged from the formal personnel file after the member has had five (5) continuous years of additional service with no other formal disciplinary action. 2. Records of Suspensions and Reductions in Pay will be purged from the formal personnel file after the member has had ten (10) continuous years of additional service, with no other formal disciplinary action. 3. Demotions and discharges from service are permanent records, which will not

77

41

be purged under any circumstances. A record of Letters of Reprimand, Suspensions, and/or Reductions in Pay will be retained in the member’s formal Police Department personnel file in accordance with City Manager Directive HR-08: Progressive Discipline Policy, Section XI. Expungement of Records. Demotions and Discharges from service are permanent records which will not be purged under any circumstances.

It is the member’s responsibility to advise the administration when their formal Police Department personnel file is eligible for purging.

4.07 Retention of Internal Affairs Investigations

All Internal Affairs investigations shall be retained for a minimum of five years, regardless of the findings, in accordance with state law. In addition to the required five-year retention, formal disciplinary action resulting from Internal Affairs investigations shall require that investigations remain on file for the period of time the discipline record is maintained in the member’s personnel file.

4.08 Emergency Suspension

Emergency suspension is accomplished when a serious violation of law, Department order, or rules and regulations has occurred, and a command officer or supervisory officer, with the concurrence of a command officer, feels that the immediate suspension is in the best interest of the Department.

A member receiving an emergency suspension shall be required to report to the Office of the Chief of Police on the next business day at 0845 hours, unless otherwise directed by competent authority.

4.09 Administrative Leave

The Chief of Police may, due to the nature of a serious incident or allegation of misconduct, place a member on Administrative Leave with pay, until the conclusion of any internal investigation or until otherwise notified by the Chief of Police or the Chief’s representative. During this period, the member shall be relieved from their police duties and ordered to hold themselves available to cooperate with the investigation during those hours for which the member remains in a paid status with the Department. While in this status, a sworn member may be relieved of their shield, credentials, and City-issued firearms and shall refrain from taking any action as a peace officer.

78

42

4.10 Surrender of Equipment While Under Suspension

Members, while under suspension, shall surrender their shield, ID card, and any City-issued firearms to the supervisor issuing the suspension. While under suspension, members are subject to the laws regarding concealed weapons which apply to all other citizens. They shall not wear their uniform or any recognizable part thereof during suspension.

4.11 Interdivisional Disciplinary Action

When the improper conduct of a member of one division is of such a nature that immediate disciplinary action is required of a command or supervisory officer of another division, such action may be taken at once, but shall be limited to the following:

1. Oral Reprimand 2. Memorandum of Correction 3. Emergency Suspension

The command or supervisory officer taking such action shall immediately notify the member’s immediate supervisor of the member so disciplined. Such other reports shall be submitted as required by current policy.

4.12 Changes to Disciplinary Reports

Under no circumstances shall any superior officer alter a disciplinary report or order a subordinate supervisory officer to alter or withdraw such a report once the report is finalized.

4.13 Informing the Person Being Disciplined

The member being disciplined shall be informed of the charges and penalties assigned or recommended at the time documentation is made and forwarded through official Department channels on any formal disciplinary actions.

4.14 Appeals from Penalties

Appeals from penalties imposed as disciplinary measures may be taken as provided in the Charter of the City of Stockton and in accordance with the rules of the Civil Service Commission.

79

43

4.15 Grievances

All members who feel that they have been injured or discredited by a superior officer through unreasonable, unjust, or arbitrary conduct or abusive language shall reduce said grievances to writing and direct them through official channels to the Chief of Police.

80

44

INDEX A Subject Section

Accidents, Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.73 Acting in Command . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.30

Administrative Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.09 Alcohol, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.13

Appeals from Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.14

Appointing Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.21

Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.08

Assistance to Criminals, Giving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.19

Assistance to Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.11

Assisting in Civil Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.64 Authority to Adopt Policies and Procedures. . . . . . . . . . . . . . . . . . . . . .

2.07

B

Beginning of Day and Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.45

Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.52

Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.04

C

Chain of Command- Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.31

Chief of Police (Acting). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.09

Chief of Police- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.05

Chief of Police- Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.06

Citizen Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.28

City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.02

81

45

Civil Cases, Interviews and Testimony in . . . . . . . . . . . . . . . . . . . . . . . . 3.65 Civil Service Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.14

Civilian Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.17

Classified Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Command, Acting in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.18 1.30

Command Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.26

Command Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13

Commanding Officer- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12

Communicating with Superior Officers. . . . . . . . . . . . . . . . . . . . . . . . . .

3.12

Competitive Service (Misc. Employees) . . . . . . . . . . . . . . . . . . . . . . . .

1.19

Computer Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.58

Conduct Toward Fellow Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.06

Conduct Toward the Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.05

Confidentiality of Department Business . . . . . . . . . . . . . . . . . . . . . . . . . Confidential Police Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.53 1.59

Cooperation with the News Media . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.44

Cooperation with Other Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.45

Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.61

Court Attendance and Testimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.63

Criminal Involvement, Report of Suspected. . . . . . . . . . . . . . . . . . . . . .

3.30

D

Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.03

Department Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.01

Department Authority to Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.02 2.03

Department Vehicles, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.71

82

46

Departmental Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.74 Departmental Property, Surrender of . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.76

Deputy Chief of Police- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.10

Deputy Chief of Police- Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . .

2.11

Dereliction of Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.10

Detail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.10

Disciplinary Reports, Changes to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.12

Display of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.50

District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.11

Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.05

Divisional or Section Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.36

Drugs, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.14

Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.46

E

Emergency Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.41

Emergency Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.08

Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.81

Equipment While Under Suspension, Surrender of . . . . . . . . . . . . . . . .

4.10

Expectations of Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.57

F

Fitness for Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.39 Formal Disciplinary Records, Retention of . . . . . . . . . . . . . . . . . . . . . . .

4.06

G

Gambling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.16

General Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.35

83

47

Gifts and Gratuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.17 Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .

4.15

I

Illness or Injury, Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.35

Immediately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.56

Incompetency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.49

Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.18

Information Concerning Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.34

Informational Bulletin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.38

Informing the Person Being Disciplined . . . . . . . . . . . . . . . . . . . . . . . . .

4.13

Insubordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.09

Interdivisional Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.11

Internal Affairs Investigations, Retention of. . . . . . . . . . . . . . . . . . . . . . .

4.07

Investigative Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.16

K

Knowledge of Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.01

Knowledge of Information and Crime Bulletins . . . . . . . . . . . . . . . . . . . .

3.32

L

Leave of Absence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.53

Levels of Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.03

Loss of Departmental Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.75

M

Mail, Confidentiality of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.56

Maintenance of Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.43

Maintenance of Manuals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.33

84

48

Manual of Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.34 Member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.22

Membership in Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.78

Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.15

Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.51

Minor or Juvenile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Misconduct Observed by Police Personnel. . . . . . . . . . . . . . . . . . . . . . .

1.58 3.29

Mission Statement, Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.44

N

Name and Shield Number, Giving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.27

O

Obedience to Laws, Rules, and Regulations. . . . . . . . . . . . . . . . . . . . . .

3.02

Obedience to Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.08

On Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.47

On-Duty Calls & Investigations- Conflict . . . . . . . . . . . . . . . . . . . . . . . . .

3.22

Operational Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.04

Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.33

Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.02

Organizational Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.01

Outside Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.79

P

Peace Officer Authority Outside of State. . . . . . . . . . . . . . . . . . . . . . . . .

3.48

Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.04

Personal Civil Actions, Instituting or Settling of . . . . . . . . . . . . . . . . . . .

3.66

Personal Mail Addressed to Department. . . . . . . . . . . . . . . . . . . . . . . . .

3.62

Personal Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.38

85

49

Plainclothes Officers, Identification of . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.49

Plurality of Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.55

Police Action Based on Legal Justification . . . . . . . . . . . . . . . . . . . . . . .

3.23

Police Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.24

Police Reserve Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.23

Police Service Off Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.46

Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.41

Policy and Procedure Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.08

Political Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.80

Prisoner/Suspect- Availability of Weapons . . . . . . . . . . . . . . . . . . . . . . .

3.20

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.42

Property- Booking/Disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.77

Protecting the Crime Scene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.68

Public Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.43

Punctuality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.37

R

Radio Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.69

Ranking Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.28

Remaining on Duty Until Relieved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.42

Removing or Altering Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.60

Rendering Honors to the National Colors and Anthem. . . . . . . . . . . . . .

3.70

Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.39

Reports, Documentation and Submission of . . . . . . . . . . . . . . . . . . . . .

3.59

Residence and Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.54

Responding to Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.21

86

50

Ridicule/Criticism of the Department. . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.07

Roll Call . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.36

Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.40

S

Searching of Prisoners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.25

Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.06

Sector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.12

Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.29

Shall, Will, Must and May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.57

Shield and Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.51

Shield and Weapon Off Duty, Carrying of. . . . . . . . . . . . . . . . . . . . . . . .

3.47

Shift. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.09

Sick Leave- Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.50

Special Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.37

Specific Assignments not Exclusive Duty . . . . . . . . . . . . . . . . . . . . . . . .

3.40

Statement During Departmental Investigations. . . . . . . . . . . . . . . . . . . .

3.31

Superior Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.27

Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.25

Supervisor/Commander Office Confidentiality – Restricted Areas…….. Supervisory Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . .

3.39 2.15

Supervisory Discipline Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.05

Sworn Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.16

T

Telephone and Address Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . .

3.55

Temporary Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.20

87

51

Testifying for the Defense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.67 Tobacco, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.15

Through Official Channels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.32

Tour of Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.48

Transporting Persons in Department Vehicles . . . . . . . . . . . . . . . . . . . .

3.72

Treatment of Prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.26

Truthfulness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.04

U

Unbecoming Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.03

Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.07

Use of Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.24

V

Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.54

Vehicles, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.71

W

Watch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.13

Watch Commander- Authority and Responsibility. . . . . . . . . . . . . . . . . .

2.14

Weapon Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.52

Who is Subject to Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.01

88


Resolution No. CS

RESOLUTION AMENDING THE POLICE DEPARTMENT RULES AND REGULATIONS MANUAL IN ACCORDANCE WITH RULE II, SECTION 3 OF THE CIVIL SERVICE RULES AND REGULATIONS FOR POLICE AND FIRE EMPLOYEES

On April 20, 2017, set a public hearing to consider whether to amend the Police

Department Rules and Regulations in accordance with Rule II, Section 3 of the Civil

Service Rules and Regulations for Police and Fire Employees to be held on May 18,

2017 at 3:00pm; and

Satisfactory proof having been made to this Commission that notice of the public

hearing was given in the manner and form required by the Civil Service Rules and

Regulations of the Police and Fire Employees of this Commission, and this being the

time and place set for the public hearing; and

The Commission having duly conducted the public hearing, and having

determined that the rules should be amended as presented; now



1. That the Police Department Rules and Regulations are hereby amended,

attached as (Exhibit 1) and incorporated by this reference; and

2. That the Secretary of the Commission is directed and authorized to take

all actions necessary to codify the contents and purposes of this resolution.

89



ATTEST:


By: ___________________________

90

i.

TABLE OF CONTENTS

CHAPTER I- DEFINITIONS 1.01 Organizational Definitions ................................................................................. 1

1.02 City ....................................................................................................................... 1

1.03 Department.......................................................................................................... 1

1.04 Bureau ................................................................................................................. 1

1.05 Division................................................................................................................ 1

1.06 Section ................................................................................................................ 2

1.07 Unit ...................................................................................................................... 2

1.08 Assignment ......................................................................................................... 2

1.09 Shift ..................................................................................................................... 2

1.10 Detail .................................................................................................................... 2

1.11 District ................................................................................................................. 2

1.12 Sector .................................................................................................................. 2

1.13 Watch ................................................................................................................... 3

1.14 Civil Service Act.................................................................................................. 3

1.15 Memorandum of Understanding (MOU) ............................................................ 3

1.16 Sworn Personnel ................................................................................................ 3

1.17 Civilian Personnel .............................................................................................. 3

1.18 Classified Service ............................................................................................... 3

1.19 Competitive Service (Civilian Employees) ....................................................... 4

1.20 Temporary Employee ......................................................................................... 4

1.21 Appointing Authority .......................................................................................... 4

1.22 Member ................................................................................................................ 4

1.23 Police Reserve Officer ....................................................................................... 4

1.24 Police Officer ...................................................................................................... 4

1.25 Supervisor ........................................................................................................... 5

1.26 Command Officer ............................................................................................... 5

1.27 Superior Officer .................................................................................................. 5

1.28 Ranking Officer ................................................................................................... 5

1.29 Seniority .............................................................................................................. 5

1.30 Acting in Command ............................................................................................ 6

1.31 Chain of Command ............................................................................................. 6

1.32 Through Official Channels ................................................................................. 6

1.33 Order .................................................................................................................... 6

1.34 Manual of Rules and Regulations ..................................................................... 7

1.35 General Order ..................................................................................................... 7

1.36 Divisional or Sectional Order ............................................................................ 7

1.37 Special Order ...................................................................................................... 7

1.38 Informational Bulletin ......................................................................................... 7

1.39 Report .................................................................................................................. 8

91

ii.

1.40 Rule ...................................................................................................................... 8

1.41 Policy ................................................................................................................... 8

1.42 Procedure ............................................................................................................ 9

1.43 Public Service ..................................................................................................... 9

1.44 Department Mission Statement ......................................................................... 9

1.45 Beginning of Day and Week ............................................................................ 10

1.46 Duty .................................................................................................................... 10

1.47 On Duty .............................................................................................................. 10

1.48 Tour of Duty ...................................................................................................... 10

1.49 Incompetency ................................................................................................... 10

1.50 Sick Leave- Defined .......................................................................................... 10

1.51 Military Leave .................................................................................................... 11

1.52 Bereavement Leave .......................................................................................... 11

1.53 Leave of Absence ............................................................................................. 11

1.54 Vacation ............................................................................................................ 11

1.55 Plurality of Words ............................................................................................. 11

1.56 Immediately ....................................................................................................... 11

1.57 Shall, Will, Must and May ................................................................................. 12

1.58 Minor or Juvenile .............................................................................................. 12

1.59 Confidential Information…………………………………………………………….12

2.01 Department Authority ....................................................................................... 13

2.02 Organization...................................................................................................... 13

2.03 Department Responsibility .............................................................................. 13

2.04 Operational Control .......................................................................................... 13

2.05 Chief of Police- Authority ................................................................................. 14

2.06 Chief of Police- Responsibility ........................................................................ 14

2.07 Authority to Adopt Policies and Procedures .................................................. 14

2.08 Policy and Procedure Changes ....................................................................... 14

2.09 Chief of Police (Acting) .................................................................................... 15

2.10 Deputy Chief of Police- Authority .................................................................... 15

2.11 Deputy Chief of Police- Responsibilities ........................................................ 15

2.12 Commanding Officer- Authority ...................................................................... 15

2.13 Command Responsibility ................................................................................. 15

2.14 Watch Commander- Authority and Responsibility ........................................ 16

2.15 Supervisory Authority and Responsibilities .................................................. 17

2.16 Investigative Authority ..................................................................................... 19

3.01 Knowledge of Laws and Regulations ............................................................. 20

3.02 Obedience to Laws, Rules, and Regulations ................................................. 20

3.03 Unbecoming Conduct ...................................................................................... 20

3.04 Truthfulness ...................................................................................................... 20

3.05 Conduct Toward the Public ............................................................................. 21

3.06 Conduct Toward Fellow Members .................................................................. 21

92

iii.

3.07 Ridicule/Criticism of the Department .............................................................. 21

3.08 Obedience to Orders ........................................................................................ 21

3.09 Insubordination ................................................................................................ 22

3.10 Dereliction of Duty ............................................................................................ 22

3.11 Assistance to Members ................................................................................... 22

3.12 Communicating with Superior Officers .......................................................... 23

3.13 Use of Alcohol .................................................................................................. 23

3.14 Use of Drugs ..................................................................................................... 23

3.15 Use of Tobacco ............................................................................................... 233

3.16 Gambling ........................................................................................................... 24

3.17 Gifts and Gratuities .......................................................................................... 24

3.18 Indebtedness .................................................................................................... 24

3.19 Giving Assistance to Criminals ..................................................................... 244

3.20 Prisoner/Suspect- Availability of Weapons .................................................... 24

3.21 Responding to Calls ......................................................................................... 25

3.22 On-Duty Calls & Investigations- Conflict ........................................................ 25

3.23 Police Action Based on Legal Justification ................................................... 25

3.24 Use of Force .................................................................................................... 255

3.25 Searching of Prisoners .................................................................................. 255

3.26 Treatment of Prisoners .................................................................................. 255

3.27 Giving Name and Shield Number .................................................................... 26

3.28 Citizen Complaints ........................................................................................... 26

3.29 Misconduct Observed by Police Personnel ................................................... 26

3.30 Report of Suspected Criminal Involvement ................................................. 266

3.31 Statement During Departmental Investigations ........................................... 266

3.32 Knowledge of Information and Crime Bulletins ........................................... 266

3.33 Maintenance of Manuals .................................................................................. 27

3.34 Information Concerning Duties ..................................................................... 277

3.35 Reporting Illness or Injury ............................................................................. 277

3.36 Roll Call ........................................................................................................... 277

3.37 Punctuality ...................................................................................................... 277

3.38 Personal Appearance ..................................................................................... 277

3.39 Supervisor/Commander Office Confidentiality-Restricted Areas….………..28

3.40 Specific Assignments not Exclusive Duty ................................................... 288

3.41 Emergency Duty ............................................................................................. 288

3.42 Remaining on Duty Until Relieved ................................................................ 288

3.43 Maintenance of Communications ................................................................. 288

3.44 Cooperation with the News Media .................................................................. 29

3.45 Cooperation with Other Agencies…………………………………………………29

3.46 Police Service Off Duty .................................................................................... 29

3.47 Carrying of Shield and Weapon Off Duty ....................................................... 29

3.48 Peace Officer Authority Outside of State ....................................................... 29

93

iv.

3.49 Identification of Plainclothes Officers .......................................................... 300

3.50 Display of Firearms ........................................................................................ 300

3.51 Shield and Credentials ................................................................................... 300

3.52 Weapon Qualifications ..................................................................................... 30

3.53 Confidentiality of Department Business......................................................... 30

3.54 Residence and Telephone ............................................................................... 30

3.55 Telephone and Address Confidentiality ......................................................... 31

3.56 Confidentiality of Mail ...................................................................................... 31

3.57 Expectations of Privacy ................................................................................... 31

3.58 Computer Use ................................................................................................... 32

3.59 Documentation and Submission of Reports .................................................. 32

3.60 Removing or Altering Records ........................................................................ 33

3.61 Correspondence ............................................................................................... 33

3.62 Personal Mail Addressed to Department ........................................................ 33

3.63 Court Attendance and Testimony ................................................................... 33

3.64 Assisting in Civil Cases ................................................................................... 34

3.65 Interviews and Testimony in Civil Cases ....................................................... 34

3.66 Instituting or Settling of Personal Civil Actions ............................................ 34

3.67 Testifying for the Defense ................................................................................ 35

3.68 Protecting the Crime Scene ............................................................................. 35

3.69 Radio Procedures ............................................................................................. 35

3.70 Rendering Honors to the National Colors and Anthem................................. 35

3.71 Use of Department Vehicles ............................................................................ 35

3.72 Transporting Persons in Department Vehicles .............................................. 36

3.73 Reporting Accidents......................................................................................... 36

3.74 Departmental Property ..................................................................................... 36

3.75 Loss of Departmental Equipment ................................................................... 36

3.76 Surrender of Departmental Property .............................................................. 36

3.77 Property- Booking/Disposal ............................................................................ 36

3.78 Membership in Organizations ......................................................................... 37

3.79 Outside Employment ........................................................................................ 37

3.80 Political Activity ................................................................................................ 37

3.81 Endorsements................................................................................................... 37

4.01 Who is Subject to Disciplinary Action ............................................................ 38

4.02 Department Authority to Discipline ................................................................. 38

4.03 Levels of Disciplinary Action ........................................................................... 38

4.04 Penalties ............................................................................................................ 39

4.05 Supervisory Discipline Authority .................................................................... 39

4.06 Retention of Formal Disciplinary Records ..................................................... 39

4.07 Retention of Internal Affairs Investigations ................................................... 40

4.08 Emergency Suspension ................................................................................... 40

4.09 Administrative Leave ........................................................................................ 40

94

v.

4.10 Surrender of Equipment While Under Suspension ....................................... 40

4.11 Interdivisional Disciplinary Action .................................................................. 41

4.12 Changes to Disciplinary Reports .................................................................... 41

4.13 Informing the Person Being Disciplined ........................................................ 41

4.14 Appeals from Penalties .................................................................................... 41

4.15 Grievances ........................................................................................................ 41

95

vi.

96

1

CHAPTER I

DEFINITIONS

1.01 Organizational Definitions

The following definitions will govern terminology to be used in all communications and whenever reference is made to any organizational unit. They are presented here to provide uniformity and clarification of terminology commonly used when discussing the operations and organization of the Stockton Police Department.

1.02 City

The area contained in the corporate limits of the city of Stockton.

1.03 Department

This term shall designate the Stockton Police Department and includes all subdivisions and personnel under the command of the Chief of Police.

1.04 Bureau

The first organizational level within the Department which is subordinate to the Office of the Chief of Police.

1.05 Division

The first major organizational level within the bureau.

97

2

1.06 Section

Generally, a section is a subordinate part of a division assigned to perform part of the duties of that division. A section can also be a small, independent, and separate element within a bureau.

1.07 Unit

A unit consists of Department members who serve a like function and is usually subordinate to a section.

1.08 Assignment

A position, post, or task to which a member has been charged with responsibility for performing.

1.09 Shift

The personnel of a functional unit assigned to one watch.

1.10 Detail

Members of the Department, grouped together for the purpose of accomplishing a specified mission or task.

1.11 District

A geographical area, the boundaries of which are administratively assigned, to which one or more members are specifically assigned during their tour of duty.

1.12 Sector

A designated geographic location within a district.

98

3

1.13 Watch

A period of time within a 24-hour period during which members are engaged in the performance of their assigned duties.

1.14 Civil Service Act

Article XXV of the Charter of the City of Stockton, and amendments thereto, which creates a civil service system for the Police and Fire Departments of the City, and authorized the adoption of rules and regulations for Police, Fire, and miscellaneous personnel covered under the civil service system.

1.15 Memorandum of Understanding (MOU)

The contractual agreement reached between the representatives of the various employee bargaining groups and the City of Stockton, in accordance with the “meet and confer” process concerning wages, hours, and other terms and conditions of employment in accordance with current labor laws.

1.16 Sworn Personnel

The members of the Stockton Police Department with peace officer status as defined in the California Penal Code, beginning at Section 830, who have been administered the oath of office.

1.17 Civilian Personnel

“Civilian personnel” shall mean members of the Stockton Police Department not included in the term “sworn personnel.”

1.18 Classified Service

The positions and employments which are included under the Civil Service Act.

99

4

1.19 Competitive Service (Civilian Employees)

The positions and employments occupied by members which are included or which may hereafter be included under the civil service system of the City, as “miscellaneous” employees.

1.20 Temporary Employee

A position of a specified/limited duration, made necessary by seasonal workloads, special projects, or other reasons.

1.21 Appointing Authority

The City Manager or the City Manager’s authorized representative.

1.22 Member

All personnel assigned to the Department, including sworn, civilian, and Department volunteers.

1.23 Police Reserve Officer

Members assigned specific police functions under authority of Section 830.6 of the California Penal Code, and by the Charter of the City of Stockton.

1.24 Police Officer

A sworn Department member who has been administered the oath of office and who possesses the power to arrest, pursuant to Sections 830.1 and 830.6 of the California Penal Code.

100

5

1.25 Supervisor

Any member assigned by the Chief to exercise authority over and who is responsible for overseeing the work activity of another member or group of members. Supervisors may be either sworn or civilian members.

1.26 Command Officer

An officer who has attained the rank of lieutenant or higher.

1.27 Superior Officer

An officer having supervisory responsibilities, either temporary or permanent, over officers of lower ranking.

1.28 Ranking Officer

The officer having the highest grade or rank among a designated group. Officers of the same grade should rank according to the date of their appointment to that grade. When two or more officers are appointed to the same grade on the same date, they shall rank respectively in the order of such appointment. When two or more officers are on duty together, the officer of the highest rank is in command and will be held responsible. For a special detail and for a specific period, an officer may be designated by the commanding officer to take command without regard to rank.

1.29 Seniority

Seniority within the Department is established first by rank and secondly by the aggregate time served in rank on a regular basis. Where a conflict occurs because of identical service or dates of appointment, the member with the highest position on the Civil Service eligibility list from which the appointments were made is deemed to be the senior. In situations requiring decision or control, where officers are of equal rank, the senior officer will make the decision and exercise control, unless otherwise directed by a higher ranking command or supervisory officer. (This does not, however, relieve less senior officers of their responsibilities to abide by the rules and policies of the Department.)

101

6

1.30 Acting in Command

A position to which a member is not ordinarily assigned, usually in a position of a higher rank. All the authority, responsibility, and duties of the higher position falls upon the acting officer. A member in an acting position shall not, except in urgent cases, alter or annul the existing orders of the permanent commander without the authority of a higher commanding officer.

1.31 Chain of Command

A series of administrative ranks or positions in which each has direct authority over the rank immediately below. All official communications of the Department, requests, information, suggestions, or complaints, whether moving upward or downward, shall be confined to official channels and follow the chain of command. Each link in the chain of command shall be respected in this regard.

Unless otherwise directed by the Chief of Police, the chain of command shall be adhered to as follows:

- Chief of Police - Bureau Commander (normally the rank of a Deputy Chief) - Division Commander (normally a Captain) - Section Commander (normally a Lieutenant) - Supervisor (Sergeant or civilian supervisor) - Member (officer or civilian personnel)

1.32 Through Official Channels

Through the superior officer in the chain of command.

1.33 Order

A command or instruction given by a superior officer to a subordinate. It may be either oral or written. A “lawful order” is any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law or ordinance.

102

7

1.34 Manual of Rules and Regulations

The rules and regulations which set forth a code of conduct to be followed by Department members, are expressed in this manual, and are applicable to all members of the Department. All existing rules and regulations, orders, and instructions in conflict with this manual are canceled.

1.35 General Order

A written order issued by the Chief of Police which is applicable to the Department. These orders shall be retained in the General Order Manual provided and are effective until canceled or revised. A “Departmental General Order” establishes the policy and/or procedure of the Chief of Police in dealing with a specific subject.

1.36 Divisional or Sectional Order

An order issued by the commanding officer of a division or section, directed to a subordinate, which dictates policy and procedure for that particular division or section.

1.37 Special Order

A written order issued by the Chief of Police or any commanding officer of a division or section directed to any person or group within the Department to accomplish any one of several short-term objectives. Copies of the orders are to be made available to all members who are affected by them. These orders generally become obsolete when their objective has been accomplished, upon an assigned cancellation date, or when incorporated into a General Order.

1.38 Informational Bulletin

A written bulletin issued at the Departmental, Divisional, or Sectional level, consisting of, but not limited to, memoranda, suggestions, or announcements.

103

8

1.39 Report

An oral or written communication. Reports shall be submitted promptly in the manner prescribed by Department procedures. Particular care shall be taken in their preparation to assure accuracy and thoroughness, as well as proper usage of language, punctuation, and spelling.

1.40 Rule

A rule is a specific prohibition or requirement that is stated to prevent deviation from policy or procedure.

1.41 Policy

Policy consists of principles and values which guide the performance of a Department activity. Policy is not a statement of what must be done in a particular situation; rather, it is a statement of guiding principles which should be followed in activities which are directed toward the attainment of Department objectives.

Policy is formulated by analyzing objectives and determining through research those principles which will best guide the Department in achieving its objectives. Policy is based upon police ethics and experience, the desires of the community, and the mandate of the law.

Policy is articulated to inform the public and Department members of the principles which will be adhered to in the performance of the law enforcement function. Additionally, policy establishes operational standards to assist Department members in the necessary exercise of discretion in discharging their responsibility.

A member in the performance of their duty is confronted with an infinite variety of complex situations which require police action. Since policy is objective rather than situation-oriented, it is broad enough in scope to encompass most situations. Policy, therefore, is stated in general terms.

104

9

1.42 Procedure

A procedure is a method of performing an operation or a manner of proceeding on a course of action. It differs from policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy. Both policies and procedures are objective-oriented; however, policy establishes limits of action while procedure directs response within those limits.

1.43 Public Service

Often, because there are no other public or private agencies available, the public relies upon the Department for assistance and advice in the many routine and emergency situations which develop in an urban society. For this reason, and because there is frequently a potential for crime, the Department regularly responds to incidents where it is not contemplated that an arrest will be made.

Saving lives and aiding the injured, locating lost persons, keeping the peace, and providing for many other miscellaneous needs are basic services provided by the Department. To satisfy these requests, the Department responds to calls for service and renders such aid or advice as needed or indicated by the situation.

1.44 Department Mission Statement

The Stockton Police Department Mission Statement reads as follows:

To work in partnership with our community toward building and

maintaining relationships founded on trust and mutual respect, while

reducing crime and improving quality of life.

105

10

1.45 Beginning of Day and Week

The Department day, for record purposes, shall begin at 0001 hours and shall conclude at 2400 hours. The Department week, for record purposes, shall commence at 0001 hours each Sunday. Any exception to the day and week established for record purposes will be in the form of a written directive.

1.46 Duty

Any action required by one’s position, or by ethical or legal considerations.

1.47 On Duty

The state of a member during the shift, watch, or detail when they are responsible for performing regular and assigned duties.

1.48 Tour of Duty

The shift, watch, or detail when an individual is on duty.

1.49 Incompetency

The failure to demonstrate adequate qualifications or ability to satisfactorily perform assigned police duties.

1.50 Sick Leave- Defined

The period of time during which a member of the Department is excused from active duty by reason of illness or injury which is not service connected, in accordance with current Department policy.

106

11

1.51 Military Leave

A leave of absence to serve in any of the recognized branches of the military service in accordance with current Civil Service regulations.

1.52 Bereavement Leave

The leave granted by the Chief of Police with the approval of the City Manager, in case of death in the immediate family as defined by City policy. This benefit is not automatically granted and does not apply during leave without pay, suspension, or Worker’s Compensation leave.

1.53 Leave of Absence

That leave granted for an extended period during which a member is excused from active duty and during which they receive no pay. Such leave will be granted in accordance with current Civil Service regulations.

1.54 Vacation

The annual leave earned by eligible members of the Department. All eligible members are entitled to a vacation in accordance with the terms set forth in the applicable Memorandum of Understanding. Vacation will be arranged by the respective commanding officers.

1.55 Plurality of Words

The singular includes the plural and the plural includes the singular.

1.56 Immediately

The term “immediately” is to be construed to mean “as soon as possible and practical.”

107

12

1.57 Shall, Will, Must and May

“Shall, will, and must” are mandatory, and “may” is permissive. “Shall, will, or must” indicates that the action required is mandatory. “May” indicates that the action is permissive.

1.58 Minor or Juvenile

Any person under the age of 18 years.

1.59 Confidential Police Information

Information which falls under one or more of the following: Not a Public Record Pertains to police personnel matters Dissemination would or could jeopardize an investigation

108

13

CHAPTER II

AUTHORITY AND COMMAND

2.01 Department Authority

The Department is authorized under Article XI of the Charter of the City of Stockton.

2.02 Organization

The Department shall consist of a Chief of Police and such other officers and members as the Council may, from time to time, prescribe.

2.03 Department Responsibility

The Department, under the control, management, and direction of the Chief of Police, shall enforce the penal provisions of said Charter, the penal ordinances of the City, and the penal laws of the State of California and of the United States. The Department shall further execute all proper orders and processes which are duly issued by courts of competent authority and accomplish such additional duties as are essential for the protection and wellbeing of the community.

2.04 Operational Control

The Department is established on a command structured basis, with the authority descending from superior to subordinate and responsibilities ascending from subordinate to superior. The line of command in the Department is divided into three collateral classifications:

(1) Executive or Command Authority (2) Investigative Authority (3) Functional or Staff Authority

109

14

2.05 Chief of Police- Authority

The Chief of Police is the chief executive officer of the Department in all matters of policy, operations, and discipline. The Chief exercises all the lawful powers of that office and issues such lawful orders and directives as are necessary to ensure the effective performance of the Department.

2.06 Chief of Police- Responsibility

The powers and duties of the Police Department are fixed with the Chief of Police, under Section 5, to Article XI, of the City Charter. It states, in part:

“Subject to the approval of the City Manager and the rules and regulations of the Civil Service Commission, the Chief of Police shall direct and supervise the personnel of the Department and have charge of the property and equipment thereof. In addition, the Chief of Police shall have the following duties: full power to detail any officer or member of the Department to such public service as may be necessary; recommend in writing to the City Manager that disciplinary action be taken against members of the Department pursuant to Article XXXII hereof, when in the judgment of the Chief of Police, it is deemed necessary, stating reasons therefor, and shall immediately file a copy of said recommendations with the Civil Service Commission.”

2.07 Authority to Adopt Policies and Procedures

The Chief of Police shall have the authority to adopt policies and procedures for the administration of the Department. This authority shall include fixing duties and providing for their enforcement, and prescribing penalties for violations for such directives, policies, or procedures.

2.08 Policy and Procedure Changes

Policies and procedures and written orders shall not be canceled, amended, or issued without the approval of the Chief of Police or the Chief’s designee.

110

15

2.09 Chief of Police (Acting)

In the case of absence or disability of the Chief of Police for an extended period of time, a commanding officer of the Police Department designated by the City Manager shall perform the duties and exercise the powers of the Chief of Police.

2.10 Deputy Chief of Police- Authority

Deputy Chiefs of Police may be appointed by the Chief of Police to provide administrative and executive assistance to the Chief. Deputy Chiefs are subject to the authority of the Chief and shall be responsible for the overall operation of their assigned bureaus.

2.11 Deputy Chief of Police- Responsibilities

Deputy Chiefs of Police are ordinarily assigned to command a bureau of the Department, but may be assigned additional duties by the Chief of Police. Deputy Chiefs will report personally to the Chief of Police and shall submit such reports relating to their command as may be required by the Chief. The Chief may select a Deputy Chief to be Acting Chief of Police during the Chief’s temporary absence or disability.

2.12 Commanding Officer- Authority

Commanding officers have responsibility and accountability for every aspect of their command. Commensurately, within policy guidelines and legal constraints, they have the authority to coordinate and direct assigned personnel and other allocated resources in achieving organizational objectives. In so doing, they must perform the full range of administrative functions, relying upon policy, direction, training, and personal initiative to guide their command in achieving the highest level of performance possible.

2.13 Command Responsibility

Subject to direction from a higher ranking commanding officer, commanding officers have direct control over all members within their command. In addition to the

111

16

general and individual responsibilities of all members and supervisory officers, a commanding officer is responsible for the following:

Command - Directing and controlling members under their command to assure the proper performance of duties and adherence to established rules and regulations, policies and procedures. Providing for continuation of command and/or supervision in their absence.

Loyalty and Esprit de Corps - Developing and maintaining esprit de corps and loyalty to the Department.

Discipline and Morale - Maintaining discipline and morale within the command, and investigating personnel complaints not assigned elsewhere.

Interdivisional Action - Promoting harmony and cooperation with other units of the Department. Initiating proper action in cases not regularly assigned to their command when the delay necessary to inform the proper unit might result in a failure to perform a duty.

Organization and Assignment - Properly organizing and assigning duties within their unit to assure proper performance of Department functions and those of their command. Reports and Records - Preparing required correspondence, reports, and maintenance of records relating to the activities of their command. Assuring that information is communicated up and down the chain of command as required.

Maintenance - Assuring that work stations, equipment, supplies, and material assigned to their command are correctly used and maintained.

Commendations - Assuring that acts of heroism and outstanding performance receive proper recognition.

2.14 Watch Commander- Authority and Responsibility

The Watch Commander, in the absence of those members of the Department who regularly exercise such authority, shall be designated as the ranking authority within the Department. Such authorization and responsibility is not limited or confined to the Watch Commander’s own division, but includes supervision over and responsibility for all members within the Department. In the absence of the Watch

112

17

Commander, the senior supervisory member of the Patrol Section assigned to that watch is in charge, unless otherwise provided.

In addition to the general and individual responsibilities of all members, the Watch Commander is specifically responsible for the following:

Good Order - The general good order of their command during tour of duty, to include proper discipline, conduct, welfare, field training, and efficiency.

Roll Call - Conducting prescribed roll calls, communicating all orders or other information at roll call, and inspection and correction of their command as necessary.

Reporting - Making reports and maintaining all records as required by the division commander or higher authority.

Personnel Complaints - Inquiring into personnel complaints against members under their command in accordance with Department policies and procedures.

Training - Recognizing the training needs of subordinates and reporting the same to the appropriate commanding officer(s).

Communication - Ensuring that proper communications are made relative to priority matters to the oncoming shifts, and proper notifications to district and other commanders relative to matters of their concern.

2.15 Supervisory Authority and Responsibilities

Supervisors are members in charge of one or more members.

Civilian supervisors have the same authority over their subordinates, within the chain of command, that sworn supervisors have.

In addition to the general and individual responsibilities of all members, each supervisor is specifically responsible for the following:

Supervision - Supervisors may be assigned to field or office duties. During their tour of duty, supervisors must closely supervise the activities of their subordinates, making corrections where necessary and commanding where appropriate.

113

18

Leadership - Effective supervision demands leadership. The provision of leadership shall include providing job training and development for subordinates, helping to guide and inspire subordinates to achieve team and organizational goals, and creating a positive work environment.

Direction - Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline, and efficiency of subordinates. Exercise of command may extend to subordinates outside the usual sphere of supervision if the police objective or integrity of the Department so requires, or if no other provision is made for temporarily unsupervised members.

If a supervisor requires a subordinate other than the supervisor’s own to leave a regular assignment, the supervisor so directing will inform the subordinate’s supervisor as soon as possible.

Enforcement of Rules - Supervisors must enforce Department rules and regulations and ensure compliance with Department policies and procedures.

Inspection - Supervisors are responsible for the inspection of activities, personnel, and equipment under their supervision and initiating appropriate action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate.

Knowledge of Conditions - Supervisors have a duty to become familiar with conditions which affect the work of their subordinates. Supervisors will take appropriate measures to correct adverse conditions and inform their superiors as necessary.

Information to Subordinates - Supervisors will inform subordinates of decisions by higher authorities which affect them, unless such information is confidential. Supervisors will disseminate Departmental information concerning policies and procedures. Training - Supervisors will ensure that subordinates are given practical assistance and training in the discharge of their duties. Supervisors will recognize training needs of their subordinates and will bring this to the attention of their superiors.

Knowledge of Subordinates’ Performance - Supervisors will closely observe the work of their subordinates and be prepared to evaluate it accurately for their

114

19

superiors in as much detail as required. Supervisors will prepare a written report to their superiors of the conduct of a subordinate which may fall into the following categories:

-Misconduct -Unfitness -Exceptional or Outstanding Work -Recommendations for Awards

Report Review - Supervisors will strive to maintain a high level of quality in reports generated by subordinates, by ensuring that reports by subordinates are submitted in a timely manner and within established Department guidelines.

Morale - Supervisors will take positive steps to create and maintain high morale and a spirit of service among subordinates.

Equal Employment Opportunity - All supervisors have the ultimate responsibility for assuring a nondiscriminatory work environment. Supervisors will report complaints concerning discrimination, take appropriate action, and provide any assistance as may be required in investigating.

Personnel Investigations - All supervisory personnel will thoroughly familiarize themselves with the provisions and procedures outlined in the Department’s Personnel Complaint Policy.

2.16 Investigative Authority

Members of the Department, when detailed to a criminal investigation, accident investigation, or juvenile case, will be in complete charge at the scene and elsewhere in connection with the investigation, subject to the Chain of Command.

115

20

CHAPTER III

DUTY AND CONDUCT

3.01 Knowledge of Laws and Regulations

Every member will establish and maintain a working knowledge of all pertinent laws and ordinances, as well as Department policies and procedures. Members will become thoroughly familiar with the Department Manual of Rules and Regulations. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule, or policy in question.

3.02 Obedience to Laws, Rules, and Regulations

Members shall not, whether on or off duty, negligently, knowingly, or intentionally commit any act which results in the commission of a criminal act or violates any law or Department policy, rule, regulation, or procedure.

3.03 Unbecoming Conduct

Members shall not engage in any conduct or activities on or off duty that reflect discredit on the members, tend to bring this Department into disrepute, or impair its efficient and effective operation.

3.04 Truthfulness

A. Department members shall be accurate, complete, and truthful in all matters.

B. No member shall knowingly make false statements to superior officers when

questioned or interviewed.

C. No member shall falsely make any type of official report, either orally or in writing, or knowingly enter or cause to be entered any inaccurate, false, or improper information on the books, records, or registers of the Department.

D. No member shall be intentionally or maliciously deceitful in Departmental

matters.

116

21

3.05 Conduct Toward the Public

All members of the Department shall conduct themselves toward the public in a civil, courteous, and professional manner that will foster public respect, cooperation, and a community partnership. Members shall respect and protect the rights of the public and shall perform in a manner consistent with the principles outlined in the Department’s Mission Statement, and shall ensure that they adhere to the tenets of Procedural Justice (Voice, Neutrality, Respect and Trustworthiness).

3.06 Conduct Toward Fellow Members

Department members shall conduct themselves in a manner that will foster cooperation among members of the Department, show respect, courtesy, and professionalism in their dealings with one another.

Members shall not use language or engage in acts that demean, harass, or intimidate another person, and shall ensure that they adhere to the tenets of Procedural Justice (Voice, Neutrality, Respect and Trustworthiness).

3.07 Ridicule/Criticism of the Department

Members shall not publicly criticize or ridicule the Department, its policies, or other members orally, in writing, electronically, or in any other manner where such expression:

a. is defamatory or made with reckless disregard for the truth b. is obscene c. is unlawful d. tends to impair the operation of the Department by interfering with the ability of

supervisors to maintain order 3.08 Obedience to Orders

Department members shall obey all lawful orders from superiors and shall complete their orders or assignments in a reasonable amount of time.

A. Should any member be given an order which is in conflict with any previous

order or direction, the member shall call the conflict to the attention of the person giving the order. If the superior requires that the order still be carried out, the member shall comply, and the responsibility shall rest with the superior officer taking such action.

117

22

B. No member is required to obey any order which is contrary to the laws of the United States, the State of California, or the ordinances of the City of Stockton. Such refusal to obey, however, is the member’s responsibility, and the member shall be strictly required to justify their actions.

C. Members who are given orders they feel are unjust or contrary to the rules and

regulations or established policy must first obey the order to the best of their ability, and then proceed to appeal.

D. Members may appeal for relief from orders which they believe to be unjust or

improper. Such appeals shall be made in writing to higher authority through official channels. The member appealing the order is responsible for justifying the appeal. Frivolous, irresponsible or capricious appeals will be considered serious misconduct.

E. A command officer shall not knowingly issue any order which is in violation of

any law, ordinance, Departmental order, or rule.

3.09 Insubordination

The failure or deliberate refusal of any member to obey a lawful order given by a superior officer shall be deemed insubordination. Flouting the authority of the superior officer by manifest disrespect or by disputing their orders as well as disrespectful, mutinous, insolent, or abusive language or conduct toward a supervising officer is also insubordination and in violation of Department rules.

3.10 Dereliction of Duty

All members of the Department shall perform their duties as required or directed by law, Departmental rule, policy, or order. The improper performance of or failure to perform a required police duty, or neglecting assigned duties to conduct unauthorized activities, shall be deemed dereliction of duty.

3.11 Assistance to Members

Any officer who fails to take effective police action or who fails to aid and protect a fellow officer in time of danger or under circumstances where danger might reasonably be impending, except when actually incapacitated, is deemed to be in gross dereliction of duty.

118

23

3.12 Communicating with Superior Officers

Members shall adhere to the Department’s chain of command when communicating within their assigned duties. Members possessing information they desire to forward or wish to refer a complaint against any other member may communicate with the Office of the Chief of Police or any command or supervisory officer. Such communications shall be made through the official channels within the member’s own chain of command. When the information to be forwarded or the complaint to be preferred is of such a nature that it must be brought to the immediate personal attention of the Chief of Police, the member may bypass official channels and contact the Office of the Chief of Police. Such member may, however, be required to justify this departure from established procedure.

3.13 Use of Alcohol

Members shall not drink intoxicating beverages while on duty, except as required in the performance of their duty or while acting under proper and specific orders from a superior. Members shall not appear for duty or be on duty while under the influence of intoxicants or with an odor of intoxicants on their breath, except as required in the performance of their duty. Members who, while off duty, consume intoxicating beverages to such an extent that it results in a level of impairment, intoxication, or obnoxious or offensive behavior which discredits the Department, violates the law, or renders them unfit to report for their next regular tour of duty, are subject to disciplinary action.

No alcoholic beverage shall be served or consumed by anyone on Police premises or in vehicles owned by this City. If the individual who consumed the alcohol is not a City employee, but is a guest of a City employee, that employee is liable for the non-employee’s actions.

3.14 Use of Drugs

Members shall not use any controlled substances, narcotics, or hallucinogens, except when and in the manner prescribed by a physician or dentist prior to reporting for duty. Members must report the use of any such substance that may impair their ability to perform their duties.

3.15 Use of Tobacco

While on duty, a member shall not use a tobacco product unless in a designated area and while not conducting police business. Additionally, members are not permitted to use tobacco products in a vehicle owned or maintained by this City.

119

24

3.16 Gambling

No games of chance, stakes, or wagers shall be played in violation of any law by any member of the Department, except as necessary in the performance of official duties.

Members shall refrain from all forms of legalized gambling while on duty, except as necessary in the performance of official duties.

3.17 Gifts and Gratuities

Members shall not use their authority or position:

a. for financial gain b. for obtaining or granting privileges or favors not otherwise available to them or

others as private citizens c. to avoid the consequences of illegal acts for themselves or for others d. to barter, solicit, or accept any goods, services, or other gratuity (including gifts,

discounts, rewards, loans, or fees) whether for the member or for another

Members shall not solicit or accept contributions for this Department or for any other agency, organization, event, or cause without the express consent of the Chief of Police or the Chief’s designee.

3.18 Indebtedness

Members shall keep their personal finances in order so as not to affect their on-duty performance or bring discredit or embarrassment upon the Department.

3.19 Giving Assistance to Criminals

Members shall not communicate in any manner, directly or indirectly, any information which may enable persons suspected or guilty of criminal or quasi-criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete any money, goods, or other valuables unlawfully obtained, or withhold any evidence of unlawful activity.

3.20 Prisoner/Suspect - Availability of Weapons

Members shall not place weapons or objects adaptable for use as weapons and capable of inflicting serious bodily injury, or permit such weapons or objects to remain unattended in any locations which may be accessible to a prisoner or suspect.

120

25

3.21 Responding to Calls

Members shall respond without delay to all calls for police assistance from citizens or other officers within the guidelines established by current Department policy.

3.22 On-Duty Calls & Investigations - Conflict

Members shall not handle calls for service or investigations involving themselves, their relatives, personal friends, or neighbors without express permission of a supervisor.

3.23 Police Action Based on Legal Justification

What is reasonable in terms of appropriate police actions or what constitutes probable cause varies with each situation. Different facts may justify an investigation, a detention, a search, an arrest, or no action at all. The requirement that legal justification be present imposes a limitation on an officer’s actions. In every case, an officer must act reasonably within the limits of authority as defined by statute and judicial interpretation, thereby ensuring that the rights of both the individual and the public are protected.

3.24 Use of Force

While recognizing the need to demonstrate authority and control over criminal suspects and prisoners, Department members shall adhere to the Department’s Use of Force policy, including the requirement to report the force used on or off duty, and shall observe the civil rights and protect the wellbeing of those in their charge.

3.25 Searching of Prisoners

The searching of prisoners shall be in accordance with Department policy and current law.

3.26 Treatment of Prisoners

Prisoners shall be treated in a fair and humane manner at all times, as provided by law. They shall not be subjected to physical force other than as may be required in subduing violence or assuring detention. The safety of prisoners, whether arrested or detained, shall be observed at all times unless sound police practice dictates otherwise.

121

26

3.27 Giving Name and Shield Number

Members will give their name and shield number in a courteous manner to any person so requesting.

3.28 Citizen Complaints

Members shall be attentive to complaints by citizens and shall adhere to Department policies and procedures regarding the acceptance of citizen’s complaints and the complaint investigative process.

3.29 Misconduct Observed by Police Personnel

Whenever any Department member observes or is informed of alleged misconduct or possible criminal activity of another member, they shall take authorized and necessary action, which includes the proper reporting, in accordance with Department policies and procedures.

The officer assigned the investigation of an alleged act of misconduct on the part of a member of the Department shall conduct a complete investigation and report the findings of the investigation in accordance with the existing policy.

3.30 Report of Suspected Criminal Involvement

Members who are arrested, cited (excluding traffic infractions), or come under investigation for any criminal offense in this or another jurisdiction shall report this fact to a superior immediately or as soon as possible.

3.31 Statement During Departmental Investigations

Every member of the Department who, when so directed by competent authority, refuses to answer questions or render statements material and relevant in any Departmental investigation will be subject to disciplinary action.

3.32 Knowledge of Information and Crime Bulletins

Members shall acquaint themselves, daily, when on duty and immediately upon returning from an absence, with the various crime bulletins, Informational directives and Special Orders, and electronic messages which are pertinent to themselves or their assignment.

122

27

3.33 Maintenance of Manuals

All members issued manuals (Manual of Rules & Regulations, General Order Manual, Report Writing Manual, Uniform Manual, etc.) are responsible for their maintenance and will keep their manuals current and up to date.

3.34 Information Concerning Duties

Members of the Department who are in doubt as to the nature or details of their assignment shall seek such information from their immediate supervisor. Failure on their part to do so, resulting in improper performance or omission of their duty, may result in punitive action.

3.35 Reporting Illness or Injury

Members scheduled for duty, who will not be able to report at the designated time due to illness or injury, shall promptly make such reports as are required by the appropriate General Order.

Members will adhere to the Department’s Sick Leave Policy and attendance guidelines.

No member shall feign sickness or injury or deceive a representative of the Department or City as to their real condition.

3.36 Roll Call

All members, unless otherwise directed, shall present themselves at a daily roll call at the time and place specified. They shall be properly uniformed and equipped. Members will remain at roll call until officially dismissed.

3.37 Punctuality

All Department members shall be punctual in reporting for duty at the time and place designated by their supervisor or as indicated on Department schedules.

3.38 Personal Appearance

Every member of the Department, except where duties require otherwise, must at all times be neat and clean in person, with clothes clean and pressed. Members will adhere to the dress requirements outlined in the Department’s Uniform Manual or related policies.

123

28

3.39 Supervisor/Commander Office Confidentiality – Restricted Areas

It is imperative that a high level of security and confidentiality be maintained within supervisors’ and commanders’ offices and belongings (such as briefcases) to maintain the integrity of supervisory and administrative issues. Such areas are deemed restricted areas, and members will not enter or search such areas without the express permission of the supervisor or commander. If entrance is made based on such permission, the member’s activities will be limited to what is required in the performance of a specific task; it shall not be for personal gain or advantage, or for the harm of others. Inappropriate or unauthorized access to, or in, restricted areas is deemed a violation of confidentiality and security.

3.40 Specific Assignments Not Exclusive Duty

Notwithstanding the fact that an officer may be detailed to specific duties, the officer is not considered relieved from taking proper police action when the occasion requires it.

3.41 Emergency Duty

Members off duty shall report for duty promptly or in compliance with the directive given them upon the receipt of notification that an emergency situation exists.

3.42 Remaining On Duty Until Relieved

All members of the Department are to remain at their post and duty until properly relieved by another member, employee, or until officially dismissed by a superior officer.

3.43 Maintenance of Communications

Members on duty, or when officially on call, shall be directly available by normal communications or shall keep the Command Center, their office, or superior officer informed of the means by which they may be reached when not immediately available.

124

29

3.44 Cooperation with the News Media

Members shall extend full courtesy to the working news media and will adhere to Department policies and procedures relative to the Press Information Officer, the media and information releases, and media access to incident scenes. Whenever any member is of the opinion that it would be contrary to sound police practice or procedures to permit access to a crime scene or release information, and there is a conflict of opinion on whether to allow access or release information, that member shall refer the media to their immediate supervisor for further decision.

3.45 Cooperation with Other Agencies

Members shall cooperate with all law enforcement agencies, other City Departments, and public service organizations, and shall give aid and information as such organizations may be entitled to receive, consistent with Department orders and state law.

3.46 Police Service Off Duty

Officers, while off duty and in the City of Stockton, shall perform necessary police service whenever or wherever they are aware of a serious criminal offense or a present threat to life. When there is no urgent or immediate need for police action, they shall call for services of officers on duty.

3.47 Carrying of Shield and Weapon Off Duty

Officers, when off duty and in the City of Stockton, unless impractical, shall carry or have in their immediate possession their Departmental identification, shield, and a weapon that is in compliance with current Department policy. Weapons shall not be carried by any officer who has consumed an amount of alcoholic beverage or taken any drug that would tend to adversely affect the officer’s senses or judgment.

3.48 Peace Officer Authority Outside of State

Peace officer powers of Stockton Police officers do not extend beyond this state except as provided for in the Uniform Act on Fresh Pursuit. Officers who are outside the boundaries of this state for extradition or other matters of direct concern to the City are not to engage in police activities unless necessary in the performance of their duties as an agent of the City, and then only after consideration of the tactical situation.

125

30

3.49 Identification of Plainclothes Officers

Except in emergencies where it would be neither feasible nor practical, plainclothes officers or officers off duty in plain clothes, when taking any official action, shall identify themselves immediately by displaying their official Department shield and identification card.

3.50 Display of Firearms

Officers shall at no time intentionally display their firearms or draw them in any manner, except for proper inspection or official use.

3.51 Shield and Credentials

Officers shall wear or carry the shield issued and bearing the number assigned to them. They shall not carry or wear a shield bearing another number except in emergencies, and then only with authorization.

3.52 Weapon Qualifications

Sworn members shall complete weapon qualification requirements as prescribed in Department policy.

Officers shall examine and clean their duty-issued firearms as often as necessary to keep them in good serviceable condition.

3.53 Confidentiality of Department Business

Members shall not reveal confidential police information outside of the Department except as provided by law or directed by a command officer. Members shall not divulge any police information to which they may have access or which may come to their attention, nor shall they make information contained in police reports available to anyone except as provided by law or by designated authority. Questions regarding the disclosure of information shall be referred to a command officer. Violation of security of Department information constitutes gross misconduct.

3.54 Residence and Telephone

Members shall adhere to current residency requirements and shall maintain telephone accessibility.

126

31

Members shall keep the Department informed of their correct physical address and telephone number. They shall report, in writing, any change in their residence and/or phone number to the Office of the Chief of Police within 24 hours after such change.

3.55 Telephone and Address Confidentiality

Unless authorized by a command officer, no member shall release the name, phone number, and/or address information of a member to a non-member. When the requesting party wishes to contact a member for personal emergency or urgent work-related reasons, the division secretarial staff member or a supervisor will immediately attempt to contact the member and deliver the message. When the request does not require an immediate contact or when the division secretarial staff member or a supervisor is unable to contact the member, they may provide the requesting party with the member’s Department voice mailbox number. When there is no Department voice mailbox for the member, a written message shall be taken and forwarded as appropriate.

3.56 Confidentiality of Mail

Personal mail should not be mailed to the Department. Any mail or written communication that is addressed to a member by name shall be considered confidential and shall not be opened or read by any other member without the permission of the addressee. An exception is that mail addressed to a member with the address of the Department may be opened by a Chief’s Office representative. This may be done to ensure proper routing and compliance with Department rules and regulations.

3.57 Expectations of Privacy

Members shall not store personal property information with an expectation of personal privacy in such places as lockers, desks, Department-owned vehicles, file cabinets, computers, or similar areas that are under the control and management of this Department. While this agency recognizes the need for members to occasionally store personal items in such areas, these and similar places may be inspected or otherwise entered – to meet operational needs, internal investigatory requirements, or for any other reasons – at the direction of the agency’s chief executive or their designee.

127

32

3.58 Computer Use

All members shall conform to the Department’s policies and procedures and City’s administrative directive relative to the utilization of Department computers and the information obtained from such use.

Federal and state laws are applicable to the use of criminal justice computer systems, and violations of this section may also violate agreements or statutes relating to the use of those systems. Therefore:

A. Members shall maintain the security and confidentiality of the Department’s

computer systems and the files contained therein. B. Computer “hacking” is prohibited within the Department. Members shall only

utilize and access those systems, programs, files, and information authorized for their use by competent authority.

C. Members shall use Department computer systems, files, and programs and

information primarily for official business.

D. Members are advised that they do not maintain any right of privacy in Department computer equipment or its contents, including personally-owned software which has been installed with or without authorization.

1. This agency reserves the right to access any information contained in

Department computers and may require members to provide passwords to files that have been encrypted or password-protected.

2. The agency reserves the right to access, for quality control purposes and/or

ensuring compliance with this provision, electronic and voice transmissions of members conducting the business of this agency.

E. The primary purpose for City employees’ access to the Internet is to facilitate the

conduct of City-related business. It is the policy of the City of Stockton that personal use of the Internet shall be kept to a minimum. In all cases such use shall be reasonable and primarily limited to breaks, lunch hour, and before or after working hours.

3.59 Documentation and Submission of Reports

The proper documentation of crimes, arrests, and other incidents is essential to the efficient functioning of the Department. Members shall submit written reports (or authorized electronic messaging) as required by Department policies, procedures, orders, or the Department’s Report Writing Manual. This includes the requirement to report force used on or off duty.

128

33

Members who are responsible for handling calls for service shall document the action taken relative to the call and the disposition. They shall not simply indicate that the call was handled without a description of their action.

Members who are in doubt as to the proper way of documenting a particular incident shall seek guidance from their supervisor.

3.60 Removing or Altering Records

No member shall remove or alter any Department record or photograph except in the line of duty.

No member of this agency shall maintain files or duplicate copies of official agency files in either manual or electronic formats at their place of residence or in other locations outside the confines of this agency without express permission.

3.61 Correspondence

Members shall not use Department letterheads for their private correspondence, nor shall they send official correspondence out of the Department over their signatures without general permission of the Chief of Police.

All correspondence shall be in accordance with City and Department policy.

3.62 Personal Mail Addressed to Department

Members will not use the Department as a mailing address for private business or correspondence. The Department address shall not be used on any motor vehicle registration or driver’s license.

3.63 Court Attendance and Testimony

Attendance at a court or quasi-judicial hearing as required by subpoena is an official duty assignment. Members shall attend punctually as indicated on the subpoena. Request for permission to omit this duty must be cleared with the prosecuting attorney handling the case or other competent court authority. Members failing to appear in court as required by subpoena subject themselves to disciplinary action.

All members, when appearing in court to testify in any case, are responsible for becoming completely familiar with that portion of the case in which they were involved.

129

34

Members in court shall testify in a clear and concise manner. Questions shall be answered promptly, truthfully, and without evasion. Personal behavior shall be exemplary, both while in court awaiting call and while on the witness stand. Members appearing in court in response to a subpoena or other summons shall present a clean and neat appearance. They shall wear their Departmental uniform or professional civilian attire. In the case of male officers, this would include a business suit and tie, or slacks, sport coat, and tie. Female officers will dress appropriately to meet these standards. Weapons or other police equipment shall not be displayed intentionally, except when wearing the Departmental uniform.

Every member, when appearing as a witness before any competent investigative body, judicial tribunal, hearing board, or person authorized to take testimony, who refuses to testify, will be subject to disciplinary action.

3.64 Assisting in Civil Cases

Members shall not serve civil process or render assistance in civil cases except as required by law as directed by the Chief in the course of their official duty, or where they may be personally involved.

3.65 Interviews and Testimony in Civil Cases

Members of the Department shall not volunteer to testify in civil actions arising out of their employment, nor shall they testify unless subpoenaed. If the subpoena arises out of their Departmental employment, they shall immediately notify their immediate superior of the service of the subpoena, who in turn will then notify the City Attorney’s Office. Interviews requested by outside attorneys or investigators in regard to such cases will also be cleared with one’s supervisor and the City Attorney.

3.66 Instituting or Settling of Personal Civil Actions

Members shall not institute any civil actions against a third party arising out of their official duties, or accept or agree to accept anything as payment or settlement for personal injuries sustained in the discharge of their official duties without first notifying the Office of the Chief of Police. This is in no way intended to preclude anyone from instituting such actions, but is only an attempt to protect the interests of the City against such third party.

130

35

3.67 Testifying for the Defense

All members subpoenaed or asked to testify for the defense in any criminal trial, or against the City or Department in any type of hearing or trial, shall notify their Division/Section Commander upon receipt of said subpoena or verbal request and before testifying. The division/section commander shall in turn notify the City Attorney’s Office or District Attorney’s Office in regard to the case.

3.68 Protecting the Crime Scene

It shall be the duty of all officers, when assigned to or assuming control at a crime scene, to arrest the violator whenever possible, identify witnesses, and keep the premises or area secure from intrusion by unauthorized persons and maintain it without change in appearance and character. This responsibility shall terminate and the member shall stand relieved upon the arrival and takeover by an investigator, a superior officer, or any other member specifically assigned to investigate the crime. However, when required by the officer assuming charge, they will stand by and assist.

3.69 Radio Procedures

All members operating the police radio, MDC, cellular phone, or any other communication device shall strictly adhere to procedures as set forth in Department policy and by the Federal Communications Commission.

All communications will be made in a clear, courteous, and professional manner.

3.70 Rendering Honors to the National Colors and Anthem

Members of the Department in uniform will, at all appropriate times, render full military honors to the National Colors and Anthem. Members on duty in civilian dress will, at appropriate times, render proper civilian honors to the National Colors and Anthem.

3.71 Use of Department Vehicles

Members shall comply with the rules of the road as outlined in the California Vehicle Code. Members shall not violate traffic laws without good and justifiable cause.

Members shall operate official vehicles in a careful and prudent manner consistent with Department policy. All members required to drive shall have a valid California Driver’s License. Loss, expiration, or suspension of their Driver’s License shall be immediately reported to their supervisor.

131

36

Members shall not use any vehicle assigned to the Department without the knowledge and consent of their commanding officers. Such vehicles shall not be used for personal business without prior authorization.

3.72 Transporting Persons in Department Vehicles

Transporting persons in Department vehicles shall be performed in conformance with Department policy.

3.73 Reporting Accidents

Members involved in a motor vehicle accident with City equipment shall report the accident immediately to a supervisor and shall have the accident fully investigated by members not involved. The investigation will be conducted in accordance with Department policy.

3.74 Departmental Property

Any member using Departmental equipment or property shall be held responsible for its proper care and use. Members will immediately report to their immediate supervisor any loss or damage to Department equipment assigned to or used by them. The report shall be made in accordance with Departmental policies and procedures.

3.75 Loss of Departmental Equipment

Members losing items of Departmental equipment which they have been issued will be required to explain and document the occasion and circumstances of such loss and to take all suitable measures to recover them. If unsuccessful in locating the lost item, the member may be required to pay for the item and/or receive such other discipline as may be appropriate.

3.76 Surrender of Departmental Property

Members shall surrender all Departmental property issued to them upon separation from the service. Failure to return non-expendable items may require that the member reimburse the Department for the fair market value of the article(s).

3.77 Property - Booking/Disposal

All property of value, regardless of the circumstances under which it was acquired by the member, will be turned in to the Department and properly booked. The handling and disposition shall be in accordance with Department policy. Property of no monetary or evidentiary value and with no known owner, may be disposed of by

132

37

the officer concerned. The officer will ensure the appropriate documentation is made.

3.78 Membership in Organizations

Except for the Armed Forces Reserve components enumerated in the California Veterans Code, members shall not affiliate themselves with any organization or group, the constitution or by-laws of which in any way exacts prior consideration or prevents its members from rendering proper and efficient service to the Department.

No member shall knowingly be connected with, or be a member of, any subversive organization, except in the line of duty.

3.79 Outside Employment

Members shall not accept employment with, or participate actively in the management or operation of, any business that would result in a conflict of interest, reflect negatively or bring discredit on said members or the Department, or that would affect members’ efficiency in the performance of their regular duties.

3.80 Political Activity

Members shall be guided by state law regarding their participation and involvement in political activities. Where state law is silent on this issue, officers shall be guided by the following examples of prohibited political activities during working hours, while in uniform, or otherwise serving as a representative of this agency:

a. Place or affix any campaign literature on city/county-owned property b. Solicit political funds c. Solicit contributions, signatures, or other forms of support for political

candidates, parties, or ballot measures on property owned by this jurisdiction d. Use official authority to interfere with any election or interfere with the political

actions of other employees or the general public e. Favor or discriminate against any person because of political opinions or

affiliations

3.81 Endorsements

Members may not, under color of authority or while on duty, recommend or facilitate the sale of commercial products or services to the public. This includes, but is not limited to, the use of tow services, repair firms, attorneys, bailbond companies, or other technical or professional services. This provision does not pertain to the endorsement of appropriate governmental services where there is a duty to make such endorsements.

133

38

CHAPTER IV

DEPARTMENTAL DISCIPLINE 4.01 Who is Subject to Disciplinary Action

Members who violate their trust by committing any offense punishable under federal, state, or local statute or who violates any provision of the Rules and Regulations or other lawful written or oral order shall be subject to appropriate disciplinary action.

4.02 Department Authority to Discipline

Final Department disciplinary authority rests with the Chief of Police and/or the City Manager. Except for informal discipline (Oral Reprimands and Memorandums of Correction), all Department discipline shall be taken or approved by the Chief of Police.

4.03 Levels of Disciplinary Action

Disciplinary action within the Department shall be divided into two levels:

1. Informal Discipline

This level of disciplinary action shall be as the title indicates, informal, and will be handled within the respective divisions. It will consist of the Oral Reprimand and the Memorandum of Correction. No record will be made in the member’s formal personnel file of such actions. The Memorandum of Correction will be retained in the division files for a period of 13 months, then destroyed, unless other action is pending.

2. Formal Discipline

This level of disciplinary action shall include the following:

a. Written Reprimand b. Forfeiture of Time Off c. Reduction in Pay d. Suspension e. Demotion f. Termination

134

39

Any action taken at this level will be documented in the member’s official personnel file.

4.04 Penalties

Subject to the provisions of the Charter of the City of Stockton, the rules of the Civil Service Commission, and, when necessary, the approval of the City Manager, the following penalties may be assessed against any member of the Department as disciplinary action:

1. Oral Reprimand 2. Memorandum of Correction 3. Written Reprimand 4. Forfeiture of Time Off 5. Reduction in Pay 6. Suspension 7. Demotion 8. Discharge from Service 9. Other (i.e., counseling, substance abuse testing)

4.05 Supervisory Discipline Authority

Supervisors may take the following disciplinary measures:

1. Oral Reprimand 2. Memorandum of Correction 3. Recommend Written Reprimand

4.06 Retention of Formal Disciplinary Records

A record of Letters of Reprimand, Suspensions, and/or Reductions in Pay will be retained in the member’s formal Police Department personnel file in accordance with City Manager Directive HR-08: Progressive Discipline Policy, Section XI. Expungement of Records. Demotions and Discharges from service are permanent records which will not be purged under any circumstances.

It is the member’s responsibility to advise the administration when their formal Police Department personnel file is eligible for purging.

4.07 Retention of Internal Affairs Investigations

All Internal Affairs investigations shall be retained for a minimum of five years, regardless of the findings, in accordance with state law. In addition to the required five-year retention, formal disciplinary action resulting from Internal Affairs

135

40

investigations shall require that investigations remain on file for the period of time the discipline record is maintained in the member’s personnel file.

4.08 Emergency Suspension

Emergency suspension is accomplished when a serious violation of law, Department order, or rules and regulations has occurred, and a command officer or supervisory officer, with the concurrence of a command officer, feels that the immediate suspension is in the best interest of the Department.

A member receiving an emergency suspension shall be required to report to the Office of the Chief of Police on the next business day at 0845 hours, unless otherwise directed by competent authority.

4.09 Administrative Leave

The Chief of Police may, due to the nature of a serious incident or allegation of misconduct, place a member on Administrative Leave with pay, until the conclusion of any internal investigation or until otherwise notified by the Chief of Police or the Chief’s representative. During this period, the member shall be relieved from their police duties and ordered to hold themselves available to cooperate with the investigation during those hours for which the member remains in a paid status with the Department. While in this status, a sworn member may be relieved of their shield, credentials, and City-issued firearms and shall refrain from taking any action as a peace officer.

4.10 Surrender of Equipment While Under Suspension

Members, while under suspension, shall surrender their shield, ID card, and any City-issued firearms to the supervisor issuing the suspension. While under suspension, members are subject to the laws regarding concealed weapons which apply to all other citizens. They shall not wear their uniform or any recognizable part thereof during suspension.

4.11 Interdivisional Disciplinary Action

When the improper conduct of a member of one division is of such a nature that immediate disciplinary action is required of a command or supervisory officer of another division, such action may be taken at once, but shall be limited to the following:

1. Oral Reprimand 2. Memorandum of Correction 3. Emergency Suspension

136

41

The command or supervisory officer taking such action shall immediately notify the immediate supervisor of the member so disciplined. Such other reports shall be submitted as required by current policy.

4.12 Changes to Disciplinary Reports

Under no circumstances shall any superior officer alter a disciplinary report or order a subordinate supervisory officer to alter or withdraw such a report once the report is finalized.

4.13 Informing the Person Being Disciplined

The member being disciplined shall be informed of the charges and penalties assigned or recommended at the time documentation is made and forwarded through official Department channels on any formal disciplinary actions.

4.14 Appeals from Penalties

Appeals from penalties imposed as disciplinary measures may be taken as provided in the Charter of the City of Stockton and in accordance with the rules of the Civil Service Commission.

4.15 Grievances

All members who feel that they have been injured or discredited by a superior officer through unreasonable, unjust, or arbitrary conduct or abusive language shall reduce said grievances to writing and direct them through official channels to the Chief of Police.

137

42

INDEX A Subject Section

Accidents, Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.73 Acting in Command . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.30

Administrative Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.09 Alcohol, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.13

Appeals from Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.14

Appointing Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.21

Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.08

Assistance to Criminals, Giving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.19

Assistance to Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.11

Assisting in Civil Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.64 Authority to Adopt Policies and Procedures. . . . . . . . . . . . . . . . . . . . . .

2.07

B

Beginning of Day and Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.45

Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.52

Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.04

C

Chain of Command- Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.31

Chief of Police (Acting). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.09

Chief of Police- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.05

Chief of Police- Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.06

Citizen Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.28

City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.02

138

43

Civil Cases, Interviews and Testimony in . . . . . . . . . . . . . . . . . . . . . . . .

3.65

Civil Service Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.14

Civilian Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.17

Classified Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Command, Acting in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.18 1.30

Command Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.26

Command Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13

Commanding Officer- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12

Communicating with Superior Officers. . . . . . . . . . . . . . . . . . . . . . . . . .

3.12

Competitive Service (Misc. Employees) . . . . . . . . . . . . . . . . . . . . . . . .

1.19

Computer Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.58

Conduct Toward Fellow Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.06

Conduct Toward the Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.05

Confidentiality of Department Business . . . . . . . . . . . . . . . . . . . . . . . . . Confidential Police Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.53 1.59

Cooperation with the News Media . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.44

Cooperation with Other Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.45

Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.61

Court Attendance and Testimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.63

Criminal Involvement, Report of Suspected. . . . . . . . . . . . . . . . . . . . . .

3.30

D

Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.03

Department Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.01

Department Authority to Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.02 2.03

Department Vehicles, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.71

Departmental Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.74

139

44

Departmental Property, Surrender of . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.76

Deputy Chief of Police- Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.10

Deputy Chief of Police- Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . .

2.11

Dereliction of Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.10

Detail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.10

Disciplinary Reports, Changes to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.12

Display of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.50

District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.11

Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.05

Divisional or Section Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.36

Drugs, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.14

Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.46

E

Emergency Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.41

Emergency Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.08

Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.81

Equipment While Under Suspension, Surrender of . . . . . . . . . . . . . . . .

4.10

Expectations of Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.57

F

Formal Disciplinary Records, Retention of . . . . . . . . . . . . . . . . . . . . . . .

4.06

G

Gambling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.16

General Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.35

Gifts and Gratuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.17

Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .

4.15

140

45

I

Illness or Injury, Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.35

Immediately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.56

Incompetency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.49

Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.18

Information Concerning Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.34

Informational Bulletin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.38

Informing the Person Being Disciplined . . . . . . . . . . . . . . . . . . . . . . . . .

4.13

Insubordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.09

Interdivisional Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.11

Internal Affairs Investigations, Retention of. . . . . . . . . . . . . . . . . . . . . . .

4.07

Investigative Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.16

K

Knowledge of Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.01

Knowledge of Information and Crime Bulletins . . . . . . . . . . . . . . . . . . . .

3.32

L

Leave of Absence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.53

Levels of Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.03

Loss of Departmental Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.75

M

Mail, Confidentiality of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.56

Maintenance of Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.43

Maintenance of Manuals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.33

Manual of Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.34

141

46

Member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.22

Membership in Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.78

Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.15

Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.51

Minor or Juvenile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Misconduct Observed by Police Personnel. . . . . . . . . . . . . . . . . . . . . . .

1.58 3.29

Mission Statement, Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.44

N

Name and Shield Number, Giving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.27

O

Obedience to Laws, Rules, and Regulations. . . . . . . . . . . . . . . . . . . . . .

3.02

Obedience to Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.08

On Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.47

On-Duty Calls & Investigations- Conflict . . . . . . . . . . . . . . . . . . . . . . . . .

3.22

Operational Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.04

Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.33

Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.02

Organizational Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.01

Outside Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.79

P

Peace Officer Authority Outside of State. . . . . . . . . . . . . . . . . . . . . . . . .

3.48

Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.04

Personal Civil Actions, Instituting or Settling of . . . . . . . . . . . . . . . . . . .

3.66

Personal Mail Addressed to Department. . . . . . . . . . . . . . . . . . . . . . . . .

3.62

Personal Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.38

142

47

Plainclothes Officers, Identification of . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.49

Plurality of Words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.55

Police Action Based on Legal Justification . . . . . . . . . . . . . . . . . . . . . . .

3.23

Police Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.24

Police Reserve Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.23

Police Service Off Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.46

Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.41

Policy and Procedure Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.08

Political Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.80

Prisoner/Suspect- Availability of Weapons . . . . . . . . . . . . . . . . . . . . . . .

3.20

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.42

Property- Booking/Disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.77

Protecting the Crime Scene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.68

Public Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.43

Punctuality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.37

R

Radio Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.69

Ranking Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.28

Remaining on Duty Until Relieved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.42

Removing or Altering Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.60

Rendering Honors to the National Colors and Anthem. . . . . . . . . . . . . .

3.70

Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.39

Reports, Documentation and Submission of . . . . . . . . . . . . . . . . . . . . .

3.59

Residence and Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.54

Responding to Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.21

143

48

Ridicule/Criticism of the Department. . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.07

Roll Call . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.36

Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.40

S

Searching of Prisoners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.25

Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.06

Sector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.12

Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.29

Shall, Will, Must and May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.57

Shield and Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.51

Shield and Weapon Off Duty, Carrying of. . . . . . . . . . . . . . . . . . . . . . . .

3.47

Shift. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.09

Sick Leave- Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.50

Special Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.37

Specific Assignments not Exclusive Duty . . . . . . . . . . . . . . . . . . . . . . . .

3.40

Statement During Departmental Investigations. . . . . . . . . . . . . . . . . . . .

3.31

Superior Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.27

Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.25

Supervisor/Commander Office Confidentiality – Restricted Areas…….. Supervisory Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . .

3.39 2.15

Supervisory Discipline Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.05

Sworn Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.16

T

Telephone and Address Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . .

3.55

Temporary Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.20

Testifying for the Defense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.67

144

49

Tobacco, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.15

Through Official Channels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.32

Tour of Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.48

Transporting Persons in Department Vehicles . . . . . . . . . . . . . . . . . . . .

3.72

Treatment of Prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.26

Truthfulness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.04

U

Unbecoming Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.03

Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.07

Use of Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.24

V

Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.54

Vehicles, Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.71

W

Watch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.13

Watch Commander- Authority and Responsibility. . . . . . . . . . . . . . . . . .

2.14

Weapon Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.52

Who is Subject to Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.01

145

City of Stockton

Legislation Text


ANNUAL EQUAL EMPLOYMENT REPORT - HUMAN RESOURCES DEPARTMENT

RECOMMENDATION

Accept by motion the Annual Equal Employment Report for the Human Resources Department.



May 18, 2017

TO: CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION

FROM: DEANNA L. SOLINA, DIRECTOR OF HUMAN RESOURCES

SUBJECT: ANNUAL EQUAL EMPLOYMENT REPORT

Introduction

The Human Resources Department is pleased to present its Annual Equal Employment Report. This report covers the employee demographics for the period of May 1, 2016, to April 30, 2017. The Human Resources Department is focused on hiring and maintaining a diversified workforce throughout the City organization. In the past year, Human Resources representatives attended local and regional recruitment and outreach diversity events. Most recently, staff attended the San Joaquin County Worknet 15th Annual Job & Resource Fair at the Arena attended over 16 other job events within the last year.

The department’s Equal Opportunity goals have always been important when creatingoutreach plans for every job recruitment. Job opportunities are advertised in periodicals and on websites marketed towards increasing diversity, such as Minority Times, Asian Pacific Careers, Black Careers Now, and the Hispanic Hotline. We also advertise positions in the Stockton Record in an effort to reach out to our own diverse community.

Organizational Structure and Responsibilities

City Manager Kurt Wilson is the Personnel Officer and administrative head of the Department. He directs the work of the department and provides general oversight on personnel actions for all employees of the City of Stockton. The Director of Human Resources, DeAnna L. Solina, manages all areas of the Human Resources Department.The Director of Human Resources is the designated representative of the Personnel Officer for all employee matters and serves as the Equal Employment Officer and the Employee Relations Officer. The Assistant Director of Human Resources/Chief Examiner, Paul Loehr, oversees Employee Relations and Workforce Planning. The Deputy Director of Human Resources, Gail Kiyomura, oversees Risk Services and Employee Benefits.

The responsibilities of the Human Resources Department are far-ranging and include all aspects of the human resources and risk management. Employees assigned to the Human Resources Department provide services to management, employees, and citizens through Workforce Planning, Employee/Labor Relations, Employee Benefits, and Risk Management Services. Attached is an organization chart for the Human Resources Department(Attachment A). The following information is the department’s mission statement.

“Human Resources is a cohesive, collaborative team of professionals dedicated to attracting, recruiting, hiring and developing a qualified, diverse workforce. We take pride in providing quality and innovative customer driven services and programs to support organizational goals, and to create a healthy and positive work environment for City employees to deliver high-quality service to the citizens of Stockton.”

147

CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSIONMay 18, 2017Page 2

Workforce Composition

The Department currently has 29 full-time positions. All positions are currently filled except for one (1) HR Technician. Staff is comprised of twenty-two (22) females and seven (7) males self-identifying with the associated ethnic groups below. A breakdown of the ethnicity for the department as it compares to City employees, and the City of Stockton and San Joaquin County employable work force is detailed below:

EthnicityHuman

ResourcesCity Employees

City of StocktonSan Joaquin

County

(Figures Reflect Employable

Population Only)

(Figures Reflect Employable

Population Only)

Taken from the 2010 U.S. Census Bureau

Taken from the 2010 U.S. Census Bureau

White 14 48.28% 868 58.41% 66,836 23% 246,025 36%

Black 1 3.45% 75 5.05% 33,507 12% 48,657 7%

Hispanic 8 27.59% 355 23.89% 117,590 40% 266,584 39%

Asian 4 13.79% 153 10.30% 61,945 21% 97,999 14%

Native American 1 3.45% 16 1.08% 1,237 0% 3,427 1%

Native Hawaiian /Other Pacific Islander

0 0% 4 0.27% 0 0% 0 0%

Two or more races

1 3.45% 15 1.01% 0 0% 0 0%

Other 0 0% 0 0% 10,592 4% 22,614 3%

Total 29 100% 1,486 100% 291,707 100% 685,306 100%

The Human Resources Department continually seeks to recruit and retain employees of all genders, races, and ethnicities. Staff strive to create a better workforce by improving recruitment efforts, providing adequate training, and by hiring the best qualified staff.

Since the last report, Human Resources has experienced the following changes:

∑ an increase in the white population of +0.13% (from 48.15% to 48.28%),∑ an increase in the Black population of +3.45% (from 0.00% to 3.45%),∑ a decrease in Hispanic population of -5.74 (from 33.33% to 27.59%), ∑ an increase in the Asian population of +2.68% (from 11.11% to 13.79%), and ∑ a slight decrease in both Native American and two or more races of -.25% (3.70% to

3.45%).

Personnel Changes in the Human Resources

The Human Resources Department experienced six (6) employee separations last year. Since the last report was submitted to the Commission on May 19, 2016, the following positions have been vacated as a result of employee resignations:

148


∑ (1) Human Resources Manager/Safety Officer∑ (1) Supervising Human Resources Analyst∑ (1) Risk Analyst II∑ (1) Human Resources Analyst I ∑ (2) Human Resources Technicians

The diversity breakdown of these separations are: three (3) White Females, two (2) HispanicFemales, and one (1) Asian Female.

The department was also able to fill the Assistant Director of Human Resources position after a 10 month search and the Deputy Director of Human Resources position after almost three years vacant. With the assistance of CPS Consulting and the City’s Public Information Office, Human Resources created its first recruitment video to assist in the search for the new Deputy Director of Human Resources. As noted, one (1) Human Resources Technician remains vacant, however, the position will be filled soon, as interviews are currently in progress.

The following positions were filled during this reporting period:

∑ (1) Assistant Director of Human Resources∑ (1) Deputy Director of Human Resources∑ (1) Human Resources Manager/Safety Officer∑ (1) Supervising Human Resources Analyst∑ (1) Human Resources Analyst II∑ (1) Risk Analyst II∑ (1) Human Resources Technician

The diversity breakdown of the new staff are: two (2) White Males, one (1) White Female, two (2) Asian Females, one (1) Hispanic Female, and one (1) Black Female.

Professional and Diversity Training

Human Resources staff has received training in the following areas during this reporting period:

Citywide Training Courses:

1. Risk Management2. Empowerment and Delegation3. CPR and First Aid for Adults4. Critical Thinking5. Developing & Motivating Productive Teams6. Mandated Reporting7. Managing Your Time Wisely to Become a Higher Performer8. Supervisory Skills for the First Line Supervisor

149


9. Problem Solving & Decision Making10. Writing Skills for Analysts11. Process Improvement12. Conflict Management13. Substance Abuse Awareness14. Customer Service15. Safety for Supervisors16. Supervisor's Role in Workers' Compensation17. Emotional Intelligence18. Editing and Proofreading19. LCW - Supervisor's Survival Guide (Part III)20. Managing Your Work Life, Time, and Priorities21. Cash Handling22. Leave Benefits (FMLA)23. Harassment Awareness 24. Improving Employee Performance25. Public Speaking26. Personal Effectiveness in the Workplace27. Workplace Violence28. Workplace Bullying: A Growing Concern29. Leaves, Leaves, and More Leaves30. Effective Writing Skills31. Coaching within the Workplace32. Leave Benefits (formerly FMLA)33. How to Conduct Effective Performance Evaluations/Appraisals34. Resilience: Improve Your Relationship with Stress

Liebert Cassidy Whitmore Workshops:

1. Maximizing Supervisory Skills for the First Line Supervisor2. Performance Management: Evaluation, Documentation, and Discipline3. File That! Best Practices for Document and Record Management4. Labor Negotiations from Beginning to End5. Unfair Practice Charges and PERB6. Public Sector Employment Law Update7. Advanced Investigations of Workplace Complaints8. Supervisor's Survival Guide – Part II

Recruitment Efforts

Human Resources Workforce Planning Division staff conducts a variety of outreach efforts to help all departments recruit a qualified, diverse candidate pool. Opportunities are posted in publications and with outside agencies, including The Record, Modesto Bee, Black Careers Now, Hispanic Hotline, Asian-Pacific Careers, Central Valley Jobs website, and newspapers in Sacramento, Manteca, Lodi, Tracy, and the Bay Area. In addition, staffconducts outreach for positions within Human Resources by participating in professional organizations such as the International Public Management Association (IPMA-Mother-Lode

150


Chapter), Society of Professional Management Association (SHRM), California Public Employers Labor Relations Association (CalPELRA), Public Agency Risk Managers Association (PARMA) and Western Cities/League of California Cities.

The Human Resources Department also provides outreach to the community by participating in events such as Worknet Job Fair and various college meet and greet events.Human Resources staff also participated in the Juneteenth event on June 18, 2016 and attended various other community and college events. Staff is planning to participate in the 42nd Annual Juneteenth celebration on June17, 2017.

Summary

The Human Resources Department continues to support and assist the City Council, the Concurrent Civil Service Commission/Equal Employment Commission, and the Salary Setting Commission, ensuring that every function of the Human Resource Department is administered in a fair and equitable manner. For the coming year, the Human Resources Department will continue to work towards strategic goals designed to enhance the human resource experience for City employees, retirees, and the public we serve. The Human Resources Department has established the following diversity goals for the ensuing year:

∑ Work with the consulting firm Moss Adams to identify methods for attracting and retaining a more diverse workforce that resembles the local community;

∑ Increase outreach efforts toward local non-profit organizations which service diverse members of the public to include notification of all upcoming vacancies; and

∑ Continue to participate in outreach with local schools and other non-profit organizations to increase the visibility of Stockton as an employer of choice.

DEANNA L. SOLINADIRECTOR OF HUMAN RESOURCES

DLS:ds

Attachment A – Human Resources Organization Chart

g:\per\priv\_staff_\!workforce planning stuff\eeo reports\2017\human resources\2017 - annual report - hr.docx

151

HUMAN RESOURCES2017-18

Human Resources Director

DeAnna Solina

Assistant HR DirectorEE/Labor Relations & Workforce planning

Paul Loehr

Deputy Director Benefits and Risk

Mgt SvsGail Kiyomura

Executive Assistant

Sherri AsakawaHR Assistant II

Juliana Whorton

Administrative Aide II

Maribel Jumaoas

Supervising HR Analyst/WFPDebbie Shipp

Supervising HR Analyst

Stephanie Van Steyn

SR HR Analyst

Marisa Guerrero

HR Analyst IIJennifer Williams

HR TechnicianRosemarie Maglinte

SR HR Analyst Sharon Fite

HR Analyst IIPam Summerville

Liability Claims Investigator Risk

ServicesKen Minas

Risk/Loss Control Specialist

Raeann Cycenas

HR Manager Safety/Work Comp

Theresa RolandSupervising HR Analyst/BenefitsCecelia Nichols-

Fritzler

Risk Analyst IITim Claiborne

Risk Analyst II Jason Hunter

Benefits Analyst IILaliah Randle

HR TechnicianVacant

HR TechnicianBreanne Maas

HR Assistant IIAlexis Gonzales

HR Analyst IAnne Simpson

HR SpecialistGerardo Ponce

HR Analyst IINaydee Rosette Risk Analyst I

Matt Braley

Program Manager IIIManuel Sandoval

HR Program Assistant

Sandie Matuska

HR TechnicianMary Johnson

Attachment A

152

City of Stockton

Legislation Text


NOTIFICATION OF ACTION TAKEN BY THE DIRECTOR OF HUMAN RESOURCES AMENDINGTHE CLASSIFICATION SPECIFICATION FOR EMERGENCY COMMUNICATION DISPATCHMANAGER

RECOMMENDATION

This item is informational only. No action is necessary.

Summary

This report is to inform the Civil Service Commission of action taken by the Director of HumanResources to amend the class specification for Emergency Communication Dispatch Manager. PerRule IV, section 5(b) of the Civil Service Rules and Regulations for Miscellaneous Employees, theDirector of Human Resources shall approve all new or amended class specifications and file with theSecretary of the Commission.

DISCUSSION

BackgroundThe Emergency Communication Dispatch Manager classification was established in December 2016.Recently, the Stockton Fire Department requested that Human Resources staff review the minimumqualifications of the classification. As such, staff studied similar positions in comparable agencies toevaluate the present education and experience minimum requirements. Based on that information,the Emergency Communication Dispatch Manager classification has been updated.

Present SituationThe classification changes update the minimum qualifications to allow for a broader pool of qualifyingcandidates. These changes are aligned with the City’s comparison agencies.

The Mid-Management/Supervisory Level Bargaining Unit has reviewed the changes and raised noobjections to the proposed amendments.

AUTHORITYPer Rule IV, section 5(b) of the Civil Service Rules and Regulations for Miscellaneous Employees,the Director of Human Resources shall approve all new or amended class specifications and file withthe Secretary of the Commission.



City of Stockton

EMERGENCY COMMUNICATION DISPATCH MANAGER

DEFINITION

Under administrative direction, this position is responsible for the overall management of the

Emergency Communication Dispatch (ECD); oversees the activities of ECD staff; evaluates,

formulates, recommends, and implements division procedures; ensures division is conforming to

national standards for Fire and Emergency Medical Services dispatch centers; and performs related

work as assigned.

CLASS CHARACTERISTICS

The Emergency Communication Dispatch Manager is a management-level position receiving direction

from the Fire Chief. The position is characterized by the responsibility to develop and implement

policies, procedures, and operating standards; continuously evaluates the efficiency and maintenance

of all communication equipment and systems in the ECD. This classification has broad discretion and

makes independent judgments within the overall policy guidelines established by the department. The

incumbent is part of the Fire Department Management Team.

PRINCIPAL DUTIES (Illustrative Only)

Manages, supervises, and coordinates the programs and activities of the emergency

communications dispatch center.

May serve, subject to election, as Executive Director of the San Joaquin County Regional Fire

Dispatch Authority (SJCRFDA), a Joint Powers Authority (JPA); develops and administers the

SJCRFDA JPA Board Agendas; and provides associated staff work in support of the JPA Board

of Directors.

Directs and oversees the development and implementation of goals, objectives, policies, and

priorities for assigned programs; recommends, within departmental policy, appropriate service

and staffing levels; recommends and administers policies and procedures.

Oversees the development and review of the emergency communications dispatch center work

plan; meets with staff to identify and resolve problems; assigns work activities, projects, and

programs; monitors work flow for assigned functions; reviews work products, methods, and

procedures.

Trains, motivates, and evaluates emergency communications dispatch center personnel; provides

or coordinates staff training; works with employees to correct deficiencies; recommends and

implements discipline procedures.

Conducts a variety of organizational and operational analyses; recommends modifications to

emergency communications dispatch center programs, policies, and procedures as appropriate.

Serves as liaison for the emergency communications dispatch center with other City departments,

divisions, and outside agencies.

Provides responsible administrative support to the Fire Chief; prepares and presents staff reports

and other necessary correspondence.

Directs and oversees the development and administration of the emergency communications

dispatch center annual budget; recommends additional funds needed for staffing, equipment,

materials, and supplies.

Provides support to a variety of boards and commissions; attends and participates in professional

group meetings; stays abreast of new trends and innovations in the field of emergency

communications dispatch.

Established: 12/13/2016

Resolution: CC2016-12-13-1207

Amended:

Unit: Mid-Management “B”

FLSA Status: Exempt CS Status: Classified

154

City of Stockton


Page 2 of 3

G:\PER\priv\_Staff_\!Workforce Planning Stuff\(1) Class Spec - Changes\Fire\ECD Manager\Draft Class Spec - Emergency

Communication Dispatch Manager.docx

MINIMUM QUALIFICATIONS

Education/Experience:

Possession of a Bachelor’s degree from an accredited four-year college or university with major course

work in fire administration, public administration, business or related field and four (4) five (5) years

of progressively responsible supervisory experience in an emergency communications dispatch center,

which includes at least two (2) years of dispatch supervisory experience. A Master’s degree from an

accredited four-year college or university with major course work in fire administration, public

administration, business or related field may be substituted for one year of work experience.

OR

Possession of an Associate degree or completion of 60 semester units/90 quarter units from an

accredited college or university with major course work in fire administration, public administration,

business, or related field and seven (7) six (6) years of progressively responsible supervisory

experience in an emergency communications dispatch center, which includes at least three (3) years of

dispatch supervisory experience.

Other Requirements:

Valid California driver’s license.

Knowledge of:

Modern public safety dispatch methods and procedures;

Managing, directing, training, and coordinating the work of technical and clerical personnel;

Effective techniques and methods of leadership, mentoring, and teamwork;

Program and systems analysis aligned with best practices for emergency communication dispatch

centers—including management of Emergency Medical Dispatch (EMD), Pre-Arrival

Instruction (PAI) and Priority Dispatch protocols;

Research techniques, analysis, procedures, and methods of report presentation;

Multi-agency cooperative services development and maintenance;

Program development and management building cooperation across City departments;

Pertinent federal, state, and local laws, codes, and regulations;

Computer-aided dispatch and public safety records management systems;

Business computer user applications, particularly as related to statistical analysis and data

management; and

Contract development, selection, and administration.

Skill in:

Advanced writing and presentation skills;

Advanced knowledge of budget preparation;

Ability to present oral presentations at an executive level; and

Ability to perform advanced statistical analysis and performance management;

155

City of Stockton


Page 3 of 3



Physical/Mental Abilities:

Mobility – Constant bending; frequent walking and sitting for long periods of time while

operating a keyboard; occasional squatting and climbing;

Lifting – Frequent to occasional lifting and carrying of 25 pounds or less;

Vision – Ability to read fine and normal type size and detect color; ability to read and see multiple

visual display terminals; ability to read and produce printed material and information displayed

on a visual display terminal;

Hearing/Talking – Ability to detect specific noises, proper equipment operation; ability to

understand what people are saying in normal conversation, over the telephone, frequently over

noise, and with audio headphones;

Dexterity – Constant holding, typing, repetitive motion and writing; occasional fine manipulation

of each hand, and ability to use flashlight and other small hand tools;

Special Requirements – Must be willing to assume responsibility for 24-hour operations in

assigned area of responsibility or to respond to emergency situations in off-hours as required;

frequent driving;

Emotional/Psychological – Constant concentration, decision making and public contact; constant

ability to exercise sound judgment, handle stressful situations; and ability to work alone;

Environmental Conditions – Occasional to frequent exposure to noise, outdoor conditions,

exposure to hazardous materials (i.e., dirt, dust, gas, smoke, fumes, poor ventilation), indoor

cold/heat, exposure to extremes in temperature, humidity or wetness, working at heights,

working with bio-hazards, working around equipment and machinery, and walking on uneven

ground; and

Working Conditions – Primarily performed in an office environment which is primarily quiet,

may perform work out of doors, and may be subjected to hazardous fumes.

This class specification should not be interpreted as all inclusive. It is intended to identify the

essential functions and requirement of this job. Incumbents may be requested to perform job-

related responsibilities and tasks other than those stated in this specification. Any essential

function or requirement of this class will be evaluated as necessary should an

incumbent/applicant be unable to perform the function or requirement due to a disability as

defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

Original signed by

DEANNA L. SOLINA, ESQ. DIRECTOR OF HUMAN RESOURCES

DATE:

156

City of Stockton


Page 4 of 3



REVIEWED BY

Position Title: Emergency Commun-

ication Dispatch Manager

Bargaining Unit: Mid Management B

Name:

Signature:

Date:

157

city of stockton concurrent civil · 2017-05-15 · 2017, for the city of stockton; and the chief...

Documents