october 29 2013 complete agenda.pdf

MAYOR AND CITY COUNCIL

WORK SESSION Tuesday, October 29, 2013 – 1:00 PM

A Closed Session is scheduled from 11:30 AM – 1:00 PM to discuss legal, real estate and personnel matters.

AGENDA

1. CALL TO ORDER

2. REPORT ON CLOSED SESSION – Tuesday, October 29, 2013 – 11:30 a.m.

3. COMMENTS FROM THE PUBLIC Any person who may wish to speak on a matter scheduled for discussion on the Work Session Agenda

may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name,

address and the Agenda item on which he or she wishes to speak.

4. NEW BUSINESS

A. Bid Openings ‐ 1) Medical Supplies 2) Roof Replacement and Restoration Project

B. Retirement Recognition of Bill Bratten, Public Works Construction Manager

C. Discussion of Changes to Springfest Vendor Closing Time and Fee Structure presented by Special Event Manager

D. Request for Approval of Ocean City Police Department General Orders presented by Captain Guiton

E. Request to Approve Revised 2014 Mayor and Council Meeting Schedule presented by City Manager

5. ADJOURN

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, OCTOBER 29, 2013

2. Report on Closed Session – October 29, 2013 – 11:30 a.m. – 1:00 p.m. - Legal, Real Estate and Personnel Matters

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES:

X

1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business

X 3. To consider the acquisition of real property for the public purpose and matters directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state;

5. Consider the investment of public funds; 6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential litigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations;

10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct;

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding or matter; or

14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

DATE AND TIME: Tuesday, October 29, 2013 11:30 a.m. PLACE: City Hall SUBJECT: Legal, Real Estate and Personnel Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

ABSTAIN: ABSENT:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday,

October 29, 2013, a closed session was held on Tuesday, October 29, 2013, at

11:30 a.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Real Estate and Personnel Matters

(b) Persons present:

Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare

and Joe Mitrecic City Solicitor Guy Ayres OCDC Director Glenn Irwin OCDC President Bob Givarz OCDC Vice President Jay Knerr Executive Office Associate Diana Chavis

Action(s) taken: Motion to close meeting:

H:\Wpdoc\closedsess.wpd


3. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work

Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.


4. NEW BUSINESS

A. Bid Opening –

1) Medical Supplies

2014 MEDICAL SUPPLY VENDORS

Alliance Medical 4715 Scruggs Station Road Jefferson City, MO 65109

Sent out bid package, was returned due to Bound Tree Medical acquiring Alliance Medical.

Amerishochi Inc 7923 Munson Road Mentor, OH 44060

Blind Industries & Services of Maryland 3345 Washington Blvd Baltimore, MD 21227

Bound Tree Medical PO Box 8023 Dublin, OH 43016

Center One Supply Corp 1663 55st Brooklyn, NY 11204

Diamond Pharmacy Service 645 Kolter Drive Indiana, PA 15701

Emed Medical 12163 Bridgeton Square Drive Bridgeton, MO 63044

Ever Ready First Aid & Medical Supply 101-01 Foster Avenue Brooklyn, NY 11236

Healthmark Industries 33671 Doreka Drive Fraser, MI 48026

Henry Schein Inc 135 Duryea Road M495 Melville, NY 11747

Inderboro Packaging Corp 114 Bracken Road Montgomery, NY 12549

Laerdal Medical Corp 167 Myers Corners Road Wappingers Falls, NY 12590

McKesson Medical-Surgical 8741 Landmark Road Richmond, VA 23228

Med Part 1901 10th Avenue Brooklyn, NY 11215

Med Vet International 13822 West Boulton Blvd Mettawa, IL 60045

Medical Shipment 3750 Industrial Avenue, Suite B Rolling Meadows, IL 60008

MES-Maryland 11 E. Chestnut Street Delmar, MD 21875 [email protected]

Midwest Medical Supply 13400 Lakefront Drive Earth City, MO 63045

Moore Medical 1690 New Britain Ave. Farmington, CT 06032

Pharm-Aid, Inc 3634 Ocean Ranch Blvd. Oceanside, CA 92056 [email protected]

PMI Supply Inc 2460 Ash Street Vista, CA 92081

Port City Medical 8053 Airway Park Drive Mobile, AL 36608

QuadMed, Inc 11210-1 Philips Industrial Blvd. Jacksonville, FL 32256 [email protected]

Southeastern Emergency Equipment POB 1097 Wake Forest, NC 27596

Star Poly 94 North 13th Street Brooklyn, NY 11249

United Medical Supplies 25 Craig Place North Plainfield, NJ 07060

Yeoman Technology Group PO Box 1531 Portsmouth, NH 03801

mailto:[email protected]



Office of the City Manager P. O. Box 158 Ocean City, MD 21842 BID FORM - PAGE ONE RE: Medical Supplies If promised delivery is not met, the Mayor and City Council reserves the right not to honor the bid and contract. In order to be considered, no deviation or modification from the attached specification will be allowed. In the event a different bid form is used, the bid will not be considered. It is not the intent of the Town of Ocean City to disqualify a bidder if they do not meet every bid line item specification. All bids will be reviewed for their own merit to determine the successful low bidder. Sealed bids must be in the City Manager’s Office, City Hall, 301 Baltimore Avenue, Ocean City, Maryland no later than 11:00 AM, Tuesday, October 29, 2013. Mailed bids must be received by this time as postmarks will not be considered. Faxed bids are not allowed and will not be considered a valid proposal. Mailed bids should be addressed to the City Manager’s Office, 301 Baltimore Avenue, Ocean City, Maryland 21842 and marked prominently on the front of the envelope SEALED BID: MEDICAL SUPPLIES

The Mayor and City Council will acknowledge the bids at their regular Work Session Tuesday, October 29th, 2013 at 1:00 P.M. at City Hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff review and Council approval all bidders will be notified of the final results. The undersigned understands that the Mayor and City Council of Ocean City, Maryland has the right to reject any and all bids for any reason. DATE: SIGNED: _____ T ITLE: _____________________ COMPANY: ___________________

Office of the City Manager P.O. Box 158 Ocean City, Maryland 21842 BID FORM PAGE TWO RE: MEDICAL SUPPLIES Company Name: Address:

Phone: Fax No. ________________________________________________ Note 1. All prices must be quoted F.O.B., Ocean City, Maryland Officer Name: Title: Signature: Date: Note 2. This bid form must be signed by an officer of your company or an

authorized agent for this proposal to be considered valid by the Mayor and City Council of Ocean City, Maryland.


4. NEW BUSINESS

A. Bid Opening -

2) Roof Replacement and Restoration Project


4. NEW BUSINESS

B. Retirement Recognition of Bill Bratten, Public Works Construction Manager

BILLBRATTENRETIRESAFTERNEARLY30YEARSWITHTOWNOFOCEANCITY

(October29,2013)‐BillBrattenhasretiredafternearly30yearswiththeTownofOceanCity.Bratten,whojoinedtheTowninFebruary1984,hasspenthiscareerworkingintheDepartmentofPublicWorks.WhileBratten’sformalresponsibilitiesincludedsupervisingover30employees,healsomanagedthefleetandconstructiondivisionsofpublicworks.Beforebecomingtheconstructionmanagerforpublicworks,Brattenwasacrewleader,equipmentoperatorandastormdrainforeman.“Ineverexpectedmycareerwouldtakethepaththatithasoverthelast30years,”saidBratten.“IwanttothanktheMayorandCouncilfortakingthetimetorecognizemeandthankmycolleaguesforworkingwithmeoverthepastthreedecades.”BrattenisalsoretiredfortheU.S.Army,whereheservedfrom1968until1970.Hisplansafterretirementincludetravelingwithhiswifeandspendingtimewithhischildrenandgrandchildren.


4. NEW BUSINESS

C. Discussion of Changes to Springfest Vendor Closing Time and Fee Structure presented by Special Event Manager

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Frank C. Miller, Special Events Superintendent RE: Springfest 2014 change to vendor closure time and rate change DATE: October 23, 2013

ISSUE(S): Change to vendor closure time and vendor rates SUMMARY:

Respectfully request Mayor and City Council’s approval of time change for closure of the vendors at Springfest 2014 and a slight rate increase to cover tent security for up to 3 hours those evenings. This is a test effort to be reviewed post event. There has been a large volume of requests from vendors to close earlier then 10pm due to lack of traffic.

FISCAL IMPACT:

Slight decrease in staff cost from earlier closure of merchandise sales. Slight staff cost increase from added security. Slight revenue increase from fee change. Increase in security cost: $10/hr x 3 hours x 8 staff positions x 3 days = $720.00 Increase in vendor fee revenue: 256 vendors (2013) x $5.00 rate increase = $1,280.00

RECOMMENDATION: Approve proposed changes concerning closing time, vendor rates

and added security. ALTERNATIVES: Do not change. RESPONSIBLE STAFF: Frank C. Miller, Special Event Manager COORDINATED WITH: Recreation and Parks Committee ATTACHMENT(S): Detailed summary of request

Agenda Item # 4C

Council Meeting Oct. 29, 2013

We would like approval for a time change and a slight rate increase for Springfest 2014. The reason for the time change is to grant vendors an earlier departure time. This has been an ongoing issue for many years as vendors remain in place during the evening concert hours with little to no patron traffic. Security of vendor spaces while patrons are still on the ground for the concerts has been a concern. The proposed rate increase would cover the added cost of security to allow vendors to close at 8:00pm instead of waiting until concerts end at 10:00pm. Rates have remained flat since 2008. We are proposing a basic increase of $5.00 per space rate to cover the cost of adding 8 staff security positions from 7:30pm to 10:30pm on the following assignments for Thursday through Saturday evenings:

Tent #1 – one staff Tent#2 – two staff Tent #3 – two staff Midway – three staff

This is the proposed coverage for Springfest 2014. If successful, we would consider the same closing time for Sunfest 2015 but may need one or two addition staff to cover needs within the midway for Sunfest. The delay in implementation is due to 2014 Sunfest processes already being well underway by the conclusion of Springfest. The $5.00 cost increase amount still covers the same changes for Sunfest given the increase in Sunfest vendors. Staff would be acquired through Beach Patrol with Ward Kovac’s assistance. These positions would be given T-shirts just like those working in the Entertainment tent. Their job would be to keep public out of the main tents and away from the midway exhibitors who choose to close. The regulations for closure of the event would be as follows:

1. The Arts and Crafts Tents and respective vendors must close and vacate their booths for the evening at 8:00pm. Chains would be put in place by the security staff.

2. The Food Tent and respective vendors must close and vacate their booths for the evening at 8:00pm. Chains would be put in place by the security staff.

3. Midway vendors have the option to close at 8:00pm unless they choose to remain open for Entertainment Tent patrons.

4. At no time will vendor vehicles be allowed to enter the Festival grounds prior to 10:00pm. Vendor vehicles holding the proper permit may carefully navigate the drive lanes on the west side and north side of the Festival if absolutely necessary after 8:00pm

This change will close down on-site access to food and beverage within the Festival grounds, encouraging patrons to use Boardwalk concessions for the later entertainment hours. Alcohol vendors may remain open as part of the midway to service Entertainment Tent patrons. There is discussion on allowing a food vendor to sell food in the midway after tent closures but this has not been determined to any degree. OCPD will still maintain the grounds as usual during the entertainment hours and post-event.

Vendor fees would be adjusted as follows:

Location

Current Rate

New Rate

Food Tent (11.5x10) $ 1,685 $ 1,690 NP Food Tent 1,065 1,070 Gourmet Tent 690 695 Midway Food (10x10) 1,100 1,105 Midway Food (10x20) 2,205 2,210 Midway Food (20x20) 2,535 2,540 Cart Vendor 580 585 Raffle Vendor 920 925 Arts & Craft Vendor 630 635 NP Arts & Craft 580 585 Commercial Vendor 1,320 1,325


4. NEW BUSINESS

D. Request for Approval of Ocean City Police Department General Orders presented by Captain Guiton

251662

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Ross Buzzuro, Chief of Police RE: Approval of updated Ocean City Police Department General Orders DATE: October 9, 2013

ISSUE(S): The presentation of seven (7) policy matters which govern the operation of the police department.

SUMMARY: Six (6) policies have been updated and one (1) has been

reviewed for the purpose of rescinding due to outdated practices FISCAL IMPACT: Not applicable RECOMMENDATION: Approve changes to the policies. ALTERNATIVES: Policies are outdated. No alternatives suggested. RESPONSIBLE STAFF: Captain Gregory Guiton

COORDINATED WITH: Lieutenant Brian Cardamone, OCPD

Captain Christopher Shaffer, OCFD Eric Lagstrom, Risk Management Guy Ayres, Esquire, City Solicitor

ATTACHMENTS: 1) City Solicitor approval letters

2) Memo with overview of the policy changes 3) Updated drafts of purposed policies

Agenda Item # 4D

Council Meeting October 29, 2013

INTERDEPARTMENTAL MEMO DATE : 9 October 2013 TO : Mayor and City Council of Ocean City FROM : Ross Buzzuro, Chief of Police SUBJECT : Policy Approvals

The following policies have been developed or updated and have been submitted for your approval. All have been reviewed and approved by Mr. Guy Ayres prior to your review. General Order (G.O.) 100 A-1: Department Direction and Organization This is an updated policy to reflect the organizational structure as we have discussed recently. The chart at the end of the policy portrays the operational components of the organization that will most effectively meet the needs of the community. Community service related matters will remain an integral part of the Office of the Chief while all other aspects of the Department will be managed at the Divisional level. This policy also includes the newly created Selective Enforcement Unit which is another investigative component of the Criminal Investigation. This new unit will address investigative needs arising out of intelligence gathering efforts that directly impact quality of life and safety issues for residence and visitors. General Order (G.O.) 100 D-2: Employee Recognition This is an updated policy that was originally published under the title of “Commendation Board” in 1999. The policy now addresses other aspects of commendation and recognition to include retiree recognition. The update also streamlines the nomination process for commendation recommendations, avoiding multiple approval steps. This update was initiated through the Joint Labor/Management Committee as part of the Collective Bargaining Agreement. General Order (G.O.) 200 H-2: Biased Based Profiling This policy requires a very minor update to properly reflect new terminology used in conjunction with traffic stop data collection and proper reference to a Standard Operating Procedure (S.O.P.) used to provide direction to police officers applying the requirements set forth in Maryland Vehicle Law § 25-113. The referenced S.O.P. is entitled Reportable Traffic Stop Data Collection (SOP-ADM 007). The specific term updated in the policy is T.S.D.F. which is a Traffic Stop Data Form. This form is used by officers who are not using the computerized data entry known as E-TIX when issuing traffic enforcement actions (citation, warning, or S.E.R.O.). The form allows the Records Management Section the ability to enter captured data required for compliance with the law without burdening police officers with administrative tasks.

General Order (G.O.) 200 U-1: Use of Force This policy, as with the previous policy, is updated for the purpose of terminology change, a reference to new less-lethal weapon introduced to the Department, and a notation from a 2011 Maryland Court of Appeals case regarding a TASER use. Regarding terminology, TASER, International has changed from using the term Electronic Control Device (ECD) to the term Conducted Electrical Weapon (CEW) to identify their product line. The terminology change has been made in this policy as well as in the Standard Operating Procedure (SOP) that governs CEW use (SOP-OPS 015). There is an additional reference in the policy to a less-lethal launcher under Section V-D: Impact Weapon. This device was introduced to the Department several years ago but was not placed in service until June 2013. The guidelines for the weapon’s use are found in SOP-OPS 020. The final change, or actual addition to the policy, is a reference to a Maryland Court of Appeals case that was decided in 2011. The Court ruled that the use of a C.E.W. for the purpose of stopping a fleeing suspect may be considered an arrest and said detainment would need to be supported by probable cause. Since this is the “rule of the land”, we elected to note this in the policy referencing the case by name; Reid v. Maryland. Training in this area has been done with each C.E.W. class that has been taught since the Department adopted the weapon for use. General Order (G.O.) 600 J-1: Juvenile Custody and Care This is an update to a policy that was originally published in 1990. Over the twenty-three years the policy has been in place, several Chief of Police Memorandums (COP) have been published to accommodate changes regarding juvenile law without updating the actual policy. The policy update now incorporates all best practices pertaining to care and custody of juveniles, in compliance with State and Federal laws. General Order (G.O.) 800 I-1: Mobile Wireless Communication Device Use This policy was originally published under the title Cellular Telephone Use in 2005. As technology as advanced with the increase use in handheld devices and smart phone systems as a means of communication, the revision to the original policy now accounts for these technology advances. This policy was sent to Eric Lagstrom, Town of Ocean City Risk Manager, for his input and approval. General Order (G.O.) 400 A-1: AIDS This is a 1988 policy that is very specific to only one form of pathogen that any one of the Department’s employees could be subjected to while working. Given the date of the original policy, it is understandable the precaution the Department was attempting to address. As time has progressed, the reality is that there are several bloodborne pathogens that require precautionary measures and the Department, with the aid of Fire Department, has elected to address these matters through a Standard Operating Procedure entitled Communicable Disease Prevention and through frequent training. The new S.O.P. is relevant to situation faced by the Department’s employees and is much more far reaching than the current General Order as published. We ask that the current General Order (G.O. 400 A-1) be rescinded as we replace the policy with a new Standard Operating Procedure.

Ocean City Police Department General Order

TABLE OF CONTENTS I. Purpose II. Definitions

A. Non-Sworn Employee

B. Sworn Employee III. Policy IV. Organizational Direction

A. Authority and Responsibility

B. Delegation of Authority

C. Accountability

D. Span of Control

E. Staff Meetings

F. Chain of Command

G. Command in Absence of the Chief of Police H. Command Protocol

I. Joint Patrol Operations Division/CID Investigations

J. Obedience to Orders

V. Organizational Structure

VI. Organizational Chart

Subject: Department Direction and Organization

No. G.O. 100 A-1

Rescinds: COP 011-13

Amends: G.O. 100 A-1 (Dated 01/04/2012)

Related Directive:

Approval Date:

Effective Date:

Distribution Date:

Distribution Type: A

References:

Subject: Department Direction and Organization G.O. 100 A-1

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VII. Office of the Chief of Police

A. Chief of Police B. Community Services Section

C. Public Affairs

VIII. Patrol Operations Division

A. Division Commander B. Assistant Division Commander

C. Shift Commanders D. Division Responsibilities

E. Specialty Units

IX. Support Services Division

A. Division Mission B. Division Management

C. Professional Standard Section D. Service Management Section

. E. Human Resources Section

F. Budget and Fiscal Service Section

G. Records Management Section

X. Criminal Investigation Division

A. Division Commander B. Assistant Division Commander

C. Division Responsibilities

D. Assignments

1. Major Crimes Section

2. Forensic Services


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3. Crime Analysis

4. Narcotics and Vice Section

a. Narcotics Taskforces Assignments

5. Intelligence Unit

a. Intelligence Taskforce Assignments

6. Special Enforcement Unit XI. Appendix

A. Organizational Structure Chart


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I. Purpose:

It is advantageous that all Departmental personnel become sufficiently acquainted with the structure, functions, activities, and services that the Department has in order to understand its inner workings and responsibilities. It is also important for personnel to properly follow the chain of command and to assist visitors or citizens with questions regarding Departmental programs or the hierarchical structure of the organization. The purpose of this directive is to explain the Department's organizational structure and to explain how employees play an important role within the Department. The various responsibilities and duties of each assignment are discussed and, along with the Department's individual position descriptions, should enhance cooperation between all employees.

II. Definitions:

A. Non-sworn Employee: Personnel who have no law enforcement authority

B. Sworn Employee: Personnel who have law enforcement authority and are generally termed “police officer.” Employees should note that the use of the term “Supervisor” denotes all sworn officers at the rank of Corporal and above and all civilian supervisors and managers.

III. Policy:

The Department shall maintain an organizational structure based on function, unity of command, delineation of responsibility, accountability and the effective delegation of authority under which the Department can operate effectively and efficiently.

IV. Organizational Direction:

The Department is committed to a structured chain of command with commensurate authority and responsibility in providing continuity and unity of command. The success of the Department requires that responsibility be accompanied by the necessary authority.

A. Authority and Responsibility

Authority to execute the required activity of the Department shall be delegated by the Chief of Police through the chain of command to individual members. At every level of the organization, employees will be given the authority to make decisions necessary for the effective execution of their responsibilities.

B. Delegation of Authority

The Chief of Police shall be responsible for the performance of the organization. To assist the Chief of Police in accomplishing the goals and objectives of the Department, employees shall be delegated authority to perform the duties of their assignments.


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C. Accountability

Employees, by virtue of their position in the Department, shall be held accountable for their overall performance and the performance of the members under their immediate supervision. This accountability shall include the use of, or failure to use, delegated authority in accomplishing the responsibilities of their position. All members shall be organizationally accountable to only one supervisor at any given time. Each organizational component shall be under the direct command of only one supervisor at any given time.

D. Span of Control

Supervisors will be given specific areas of assignment over which they have supervisory or command responsibility at all times. Supervisors will not have an excessive number of employees under their immediate control. As a general policy, this should not exceed eight (8) employees.

E. Staff Meetings

1. Division Commander Staff Meetings shall be conducted weekly unless

deemed otherwise by the Chief of Police. Staff Meetings for all Command Staff personnel will be held every other week or at the direction of the Chief of Police as he/she deems necessary.

2. All Supervisors should conduct documented meetings with the

employees within their respective functions to facilitate the efficient flow of information. Examples of “documented meetings” for the purpose of information sharing are: daily roll call briefings, weekly unit meetings, specialty unit training exercises, e-mail correspondence addressing a police practice/strategy, etc.

F. Chain of Command

1. The Chain of Command shall be the line of authority which extends from

the Chief of Police through a single person at each level of supervision to the level of execution.

2. The following is the precedence of rank for all sworn employees

(regardless of assignment, such as detectives) in descending order.

a. Chief of Police b. Captain c. Lieutenant d. Sergeant e. Corporal f. Police Officer First Class


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g. Police Officer i. Reserve Police Officer h. Probationary Police Officer i. Seasonal Police Officer

3. Civilian Supervisors shall be integrated into the chain of command, as

appropriate, based on their functional scope and assignment as established by the Chief of Police.

4. The ranks of PFC, Police Officer and Probationary Police Officer shall be

considered equal for the purpose of issuing orders.

G. Command in Absence of the Chief of Police

1. In the planned absence of the Chief of Police, the Chief will designate, in writing, an “Acting” authority.

2. In the unexpected absence of the Chief of Police, the Support Service

Commander will assume command of the Department, until such time as the Chief returns or the Town Manager appoints a new or “Acting” Chief of Police.

3. In the unexpected absence of both the Chief of Police and the Support

Service Commander, the Patrol Operations Commander will assume command of the Department. The Patrol Operations Commander will maintain Command until such time as the Support Services Commander or the Chief of Police returns or the Town Manager appoints a new or “Acting” Chief of Police.

4. In the unexpected absence of the Chief of Police, the Support Service

Commander, and the Patrol Operation Commander; the Criminal Investigation Commander will maintain command until such time the other two Division Commanders or the Chief of Police returns or the town Manager appoints a new or “Acting” Chief of Police.

5. Should all Division Commanders be unavailable in the unexpected

absence of the Chief of Police, the command of the Department shall rest with the most senior Lieutenant as determined by time in grade. The senior lieutenant shall maintain command until such time as he/she is relieved by a Division Commander or the Chief of Police OR until the Town Manager appoints a new or “Acting” Chief of Police.


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H. Command Protocol

Command protocol in single incidents involving employees of different functional assignments will be determined by rank. A ranking employee’s appearance on the scene does not automatically place him/her in charge of that scene unless he/she assumes control and announces he/she is taking control consistent with the Department’s policy on Incident Command.

I. Joint Patrol Division/CID Investigations

1. The patrol officer assigned to the call will be in charge of the crime

scene unless:

a. Relieved by an investigator called to the scene; OR,

b. Relieved by a higher ranking officer.

2. The on-scene investigator assigned to the crime will be in charge of the scene unless relieved by a higher ranking officer.

3. In all instances where a superior relieves the officer or investigator at the

scene, that higher ranking officer will then assume control and responsibility for the incident.

J. Obedience to Orders

1. Employees shall be required to obey any lawful order from a higher

ranking employee, including such an order relayed by an employee of the same or lesser rank.

2. Occasions may arise requiring a Supervisor to issue an order to

employees outside the Supervisor's immediate responsibility. Nothing in this General Order shall prevent this from occurring.

3. Employees shall abide by G.O. 200 B-1 entitled General Conduct and Conformance with Rules, Section III-A; Adherence to Law and Policy, Subsection 6 – Insubordination, 7 – Conflicting Orders, 8 – Improper Orders, and 9 – Disobedience of illegal Orders in regard to obedience to orders.

V. Organizational Structure:

This General Order shall define the Department’s organizational structure and functions and shall be updated as needed and made available to all personnel. The Department shall be divided into four (4) primary command structures; the Office of the Chief; the Patrol Division; the Support Services Division and the Criminal Investigations Division. All employees ultimately fall under the command of the Chief of Police; however the majority of the organizational components report to one of the three designated Division Commanders.


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VI. Organizational Chart:

An organizational chart shall be reviewed and updated as needed and made accessible to all personnel. The organizational chart shall be maintained by the Office of the Chief to illustrate the Department's basic organizational structure for all primary components. The current, approved organizational chart shall be maintained as an Addendum to this General Order. Should changes or additions to the organizational structure occur, they may be reflected on an update to the organizational chart prior to a revision to this General Order. In that event, the organizational chart will take precedence over the narrative text of this General Order.

VII. Office of the Chief of Police

The Office of the Chief of Police shall be comprised of the Chief of Police and his/her executive assistant, the Community Services Section, and Public Affairs.

A. Chief of Police

The Chief of Police shall be the highest ranking officer within the Department. Under the general direction of the Town Manager, the Chief shall be responsible for administering the Department in accordance with applicable laws and regulations and for ensuring that organizational objectives are met. The Chief of Police shall apply principles of organizational management, including long and short range planning, fiscal management, discipline, personnel management and the evaluation of police service delivery. The Chief shall hold final responsibility for the preparation of the Department's annual budgets and control of police expenditures.

The Chief of Police shall direct and coordinate the activities of all organizational components of the Department to see that goals and objectives are being achieved efficiently and effectively. The Chief of Police shall participate in the Town Manager's staff meetings and regularly hold police staff meetings to formulate plans and programs, identify and solve problems, discuss policy and procedural issues.

B. Community Services Section

The Community Services Section will provide the public with various services, programs, information and crime statistics; enabling citizens to make educated decisions regarding their personal safety and community security. Programs such as Neighborhood Watch encourage the public to become an important part of crime prevention and to report incidents and activities that are of a suspicious nature. “Police/Community/Business Partnerships” are vital to the success of the Department’s community policing goals. As such each individual officer shall work in conjunction with the functions of the Community Services Section in an attempt to reduce crime and establish favorable community/ business partnerships. Crime Prevention programs will be developed to address citizen and business perceptions and/or misrepresentations of crime activity that affect their quality of life. Other aspects of this Section include:


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1. Special Events

Special Events will work closely with Division Commanders, other Town departments and allied law enforcement agencies to develop operational plans and orders for large scale special events held in Ocean City. This will necessitate extensive planning and attendance at pre-event meetings as well as after-action debriefings at the direction of the Chief of Police.

2. Emergency Preparedness

Emergency Preparedness shall ensure the Department is prepared to respond to any disaster situation utilizing an “ALL HAZARDS” philosophy. This position shall work with the Town’s Department of Emergency Services to assure the Department is in compliance with State and Federal mandates regarding NIMS, COOP, and other policies as promulgated from time to time.

4. Auxiliary Officer Program

The Auxiliary Officer Program provides volunteer police support services when, in the opinion of the Chief or Division Commanders, such augmentation is in the best interests of public welfare and safety. The program is comprised of citizens who have received specialized training in selected police policies and procedures. The number of personnel assigned to this program shall be determined by the Chief of Police from time to time as appropriate and these personnel shall be commanded by the Community Services Section Commander.

C. Public Affairs

The role of Public Affairs shall be to communicate effectively with the public and the media. They are responsible for keeping the public and news media informed about significant police-related events in the Town at all times. The office handles all marketing and public relations for the Department, including the Department’s newsletter, the Annual Report, and the Department’s website. Additional responsibilities include various special events planning such as “National Night Out”. The office also works to promote programs and initiatives sponsored by the Department.

VIII. Patrol Division

The Patrol Division shall be responsible for providing police patrol services twenty-four hours per day, three hundred sixty-five per year. The mission of the Patrol Division is to protect life and property through the prevention and detection of crime, apprehension of criminal offenders, preserving the peace and enforcing criminal and motor vehicle laws as well as local ordinances. Additionally, the Patrol Division shall maintain readiness to respond in an “ALL HAZARDS” environment in accordance with the National Incident Management System (NIMS) philosophy.


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A. Division Commander

The Patrol Division shall be commanded by a Captain who reports directly to the Chief of Police. The Patrol Commander is responsible for the preliminary investigation of calls for police service, traffic enforcement and control, collision investigation, follow-up of criminal investigations, and the direction of designated Specialty Units within the operational function of the Division. Duties of the Patrol Division Commander include scheduling staff meetings, scheduling for the components directly responsible to him/her, monitoring and evaluating the performance of personnel assigned to the Division, acting as principle advisor to the Chief on unusual occurrences, and other special duties assigned by the Chief of Police.

B. Assistant Division Commander The Patrol Division Commander shall appoint a lieutenant who shall serve as

the Assistant Patrol Division Commander. The Assistant Patrol Commander is responsible for the operations of the Division in the absence of the Patrol Division Commander. He/she shall audit the performance of Patrol Division personnel to ensure departmental orders, policies, and directives are carried out in an efficient and effective manner. The Assistant Patrol Division Commander shall direct the implementation of the departmental policing philosophy within the Patrol Division. The Assistant Patrol Division Commander is also responsible for activities, such as the coordination of roll call training topics, coordination of Division specialty units, Division budgetary needs and other special duties assigned by the Patrol Division Commander and/or the Chief of Police.

C. Shift Commanders

Patrol operations shall be managed by Lieutenants who are designated Shift Commanders, assigned by the Chief of Police and who report to the Division Commander through the Assistant Division Commander. Shift Commanders provide command responsibility and accountability in the absence of the Chief of Police and other Senior Command Staff Officers. They shall have authority to provide operational supervision throughout the Department on a 24 hour daily basis to ensure that policies, procedures, orders and regulations are followed.

D. Division Responsibilities The Patrol Division shall have the following duties and responsibilities:

1. Protection of life and property; 2. Repression of crime;

3. Enforcement, apprehension and prosecution of persons who violate

the criminal and traffic laws;

4. Follow-up investigations of criminal offenses other than outlined by Policy


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5. Initial investigations of all calls for service; 6. Documentation through Incident Reports (IR) reported and enforced

criminal activity 7. Enhancement of community relations with citizens;

8. Preservation of the public peace; 9. Collection and preservation of evidence;

10. Processing of certain crime scenes;

11. Such other duties as assigned.

E. Specialty Units

The following Specialty Units shall be considered part of the Patrol Division and shall be overseen by a Patrol Division supervisor. They shall provide specialized services associated with the operational functions of the police department:

1. Traffic Safety Unit

The Traffic Safety Unit shall initiate programs and procedures for decreasing traffic related deaths, injuries and property damage. They shall be the lead Unit for application, administration and reporting of traffic related grants and programs. This Unit will be staffed by police officers who have received specialized training in crash reconstruction, speed measurement and/or other traffic specific training. The number of personnel assigned to these duties shall be determined by the Patrol Commander from time to time as appropriate to meet scheduling needs and shall be approved by the Chief of Police.

2. Canine Unit

The Canine Unit shall be comprised of police officers paired with specially trained K-9 dogs referred to as “TEAMS.” The teams will be deployed to assist with the location of suspects, contraband, evidence, and missing persons or for crowd control or other specialized missions in accordance with Agency policy. The number of teams shall be determined by the Chief of Police from time to time as appropriate for the successful completion of the Departmental Mission.

3. Mounted Unit

The Mounted Unit shall be comprised of police officers and specially trained horses. The Unit will be deployed to assist with special events, routine patrol, or for crowd control or other specialized missions in accordance with Agency policy. The number of officers and horses shall


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be determined by the Chief of Police from time to time as appropriate for the successful completion of the Departmental Mission.

4. Quick Response Team

The Patrol Division will maintain a team of police officers who have received advanced training in the area of specialized weapons and response tactics. They shall be deployed in pre-approved circumstances, such as search warrants and hostage incidents or on a case by case basis with approval of the Chief of Police. The number of personnel assigned to this team shall be determined by the Chief of Police from time to time as appropriate and these personnel shall be commanded by a lieutenant or higher.

5. Crisis Negotiation Team

The Crisis Negotiation Team shall be staffed by police personnel who have had advanced training in the areas of interpersonal skills and negotiation. The team will work independently or in combination with the Quick Response Team to negotiate the peaceful settlement of hostage, barricade, suicidal subject or other critical incidents. The number of personnel assigned to this team shall be determined by the Chief of Police from time to time as appropriate and these personnel shall be commanded by a lieutenant or higher.

6. Honor Guard

The Honor Guard shall be staffed by sworn personnel who have received specialized drill and instruction in the area of ceremonial marching and protocol. They may be utilized for public or private events, flag presentations, funerals, academy graduations or other events approved by the Chief of Police. The number of personnel assigned to these duties shall be determined by the Chief of Police from time to time as appropriate to meet scheduling requests.

7. F.T.E.P. (Field Training and Evaluation Program)

Trained officers and supervisors selected by the Division Commander carefully monitor and evaluate the abilities of police recruits who have successfully completed entrance level police officer training. Working in conjunction with the Training and Recruiting Section, the program’s goals are to refine job skills, enhance professionalism, and instill ethical standards in recruit officers prior to their assignment as a certified police officer.

8. Animal Control

. Animal Control shall be responsible for the enforcement of the laws pertaining to animals as mandated by Town of Ocean City Ordinance. Personnel assigned to this unit shall conduct preliminary investigations into reported animal cruelty cases and other violations of animal control


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laws. The unit shall also perform rescue operations for animals in danger.

IX. Support Services Division

The Support Services Division shall provide the management of various support related tasks associated with the efficient and effective operation of the Department. The Support Services Commander shall maintain an administrative staff comprised of both sworn and non-sworn employees to provide adequate support services and management. A. Division Mission

The mission of the Support Services Division is twofold:

1. Manage the Department’s primary administrative functions to include:

a. The central records facility and all duties associated therein;

b. Serve as liaison to the Town of Ocean City’s Information Technology department;

c. All training of departmental personnel and compliance with State

certification requirements;

d. The recruitment of sworn employees;

e. Budget preparation and management;

f. Human Resources;

g. Internal Affairs;

h. Planning and Research;

i. Quality Assurance; and

j. Policy Development

2. Manage the Department’s tangible assets, and oversee certain support operations to include:

a. The maintenance of the Department’s physical facilities;

b. Booking and detention operations;

c. Uniform, equipment and supply;

d. Property and evidence storage; and

e. Rolling stock.


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B. Division Management Executive and mid-level management of the division shall consist of:

1. Division Commander

The Support Services Division is commanded by a Captain who reports directly to the Chief of Police.

2. Assistant Command/Management Personnel

a. Professional Standards Section – Assistant Commander, Lieutenant

b. Human Resources Section – Assistant Commander; Lieutenant

c. Services Management Section – Assistant Commander;

Lieutenant

d. Budget/Fiscal Service Section – Civilian Manager

e. Records Management Section – Civilian Manager

C. Professional Standards Section

The Professional Standards Section shall be comprised of the following functions:

1. Internal Affairs

Internal Affairs shall be responsible for ensuring the integrity of the Department by thoroughly and objectively investigating complaints of employee misconduct and maintaining an early warning system in regard to employee performance. Internal Affairs shall be responsible for the implementation and coordination of all disciplinary actions and procedures instituted by the Chief of Police.

2. Planning and Research

Planning and research will spearhead special projects at the direction of the Chief of Police and other commanders on matters requiring research, planning and implementation of best practices and procedures. Primary responsibilities will focus on strategic planning and program development.

3. Quality Assurance

Quality Assurance shall conduct inspections and audits of Departmental components to ensure that proper administrative and operational controls are in place and are being followed. Announced and un-announced inspections/audits will be conducted to ensure Departmental


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preparedness and compliance with established policy, procedure, and practice.

4. Policy Development

Practices and procedures are coordinated for the development and revision of Departmental policy (G.O., S.O.P., C.O.P. and manuals) through drafting, revision and review. Policy development is a department-wide responsibility, coordinated by the Professional Standards Section.

C. Human Resources Section

1. Recruiting: The primary duties, responsibilities and tasks of this function are: a. Recruitment of full time and seasonal police and civilian positions within the Department. b. Pre-employment testing and selection of all new hires. The

selection process shall be completed in compliance with established guidelines.

c. The review and analysis of existing programs to refine and/or

develop productive and innovative methods whereby affirmative recruitment and selection of applicants can occur.

d. The City's Human Resources Office is responsible for

maintaining overall review and coordination of the applicant selection process to include (where applicable):

i. Written Examination

ii. Physical Agility Examination

iii. Oral Interview Board iv. Physical Examination

2. Training: The primary duties, responsibilities and tasks of this function

are: a. Manage in-service training programs for sworn personnel as required by Maryland Police and Correction Training Commissions.

b. Maintenance of academic and attendance records of persons

attending courses conducted by the department and other agencies and institutions.


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c. Oversee and coordinate the Department’s Firearms Training, Defensive Tactics Training and Emergency Vehicle Operator

Course functions. Duties shall include organization of firearms training schedules, implementation of firearms training and qualification requirements and standards, and maintenance of accurate records and qualification dates and scores of department personnel.

d. Preside over the selection of members for specialized training as

necessary for the effective operation of the department. These responsibilities may include fiscal and registration needs.

e. Coordinate instructional programs hosted by the Department. f. Assure compliance with policy driven Specialty Unit and

Specialized Training selection protocols. g. Seek out suitable training programs to fulfill agency needs. h. Prepare and administer the Seasonal Officer and Seasonal

Public Safety Aid training programs. i. Overall supervision of seasonal officer activities during training. j. Selection of members to and maintenance of the department’s

body of MPCTC certified instructors. k. Maintenance of rosters of certified personnel for courses required

under law (ex. F.E.M.A., N.I.M.S., etc.)

3. Personnel Management

The Personnel Management Section shall act as the liaison to the Town of Ocean City Department of Human Resources in matters pertaining to hiring, movement and termination of personnel. This office is also responsible for the Department’s payroll function, leave status records, and the maintenance of member’s personnel, medical and background files.

General duties and responsibilities of this function include:

a. The appropriate preparation, routing, distribution and maintenance of required documents to include Employee Requisitions, Personnel Action Forms and Personnel Orders;

b. Recording and maintenance of salary records to include the entry

and general preparation of bi-weekly payroll, and distribution of payroll checks and receipts;

c. Salary adjustments attributed to promotion, demotion, transfer,

step and longevity increases;


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d. Maintenance of the Department’s authorized and actual staffing numbers by position;

e. Maintenance and security of all employee records to include

personnel, medical and background files; f. Responding to requests for employment verification lawfully and

within established protocols; g. Assisting the Training & Recruitment Section with applicant

processing and selection; h. Tracking of all applicants by position.

4. Reserve Police Officer Program

The Human Resources Commander shall be responsible for the primary, but limited management of the department’s Reserve police Officer Program. Duties and responsibilities associated with this function include:

a. Preparation of bi-weekly payroll; b. Assignment of Reserve Police Officers to divisions, events and

special assignments; c. Assure compliance of all Reserve Police Officers with

Department policies governing the position; d. Assure Reserve Police Officers are scheduled for and comply

with all Maryland Police and Correction Training Commissions training and certification requirements;

e. Assure proper supervision occurs for all Reserve Police Officers

to include the preparation and delivery of regular performance evaluations.

D. Service Management Section

1. Arrest and Detention Section: This section shall be accountable for the proper execution of the following duties and responsibilities:

a. Supervision of assigned personnel; b. Adherence to approved safety and defensive tactics practices at

all times; c. Proper care and systematic processing of all prisoners traversing

the booking and detention areas;

d. Safe and appropriate movement of prisoners during escorts within and outside the Public Safety Building;


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e. Assuring juvenile prisoners are properly detained and processed

in accordance with State law; f. Collection and safekeeping of prisoner property;

g. Fingerprinting of citizens for public safety background checks

and taxi license permits;

h. Security of the Public Safety Building and surrounding grounds;

i. Providing professional assistance to the public during walk-in or telephone queries;

j. Provide the public with selected Records Management services during off-hours;

k. Operation of the Telephone Reporting Unit during designated

periods.

2. Property and Evidence Section The Property/Evidence Section shall operate as a secure centralized location for the storage of found, recovered, stolen and evidentiary property, and maintain detailed records of all property flow within its operation. The primary duties and responsibilities of this section are: a. Quartermaster i. Timely acquisition and maintenance of appropriate

inventory levels of supplies, equipment and uniforms; ii. Issuance and tracking of all departmentally issued forms,

citation books, manuals, equipment and uniforms, as well as the proper storage of these items;

iii. Re-supply of issued items that are broken, lost or worn

as requested by supervisory personnel; iv. Prompt collection of issued uniforms, citation books,

supplies and equipment of personnel whose employment status with the department has concluded;

v. Receipt and appropriate disposition of packages

delivered to the PSB.


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b. Property & Evidence

i. The receipt, maintenance, and storage of all controlled dangerous substances and all non-controlled substances seized, recovered or submitted to the agency.

ii. The destruction of any and all controlled and non- controlled substances under the supervision of the Services Management Commander;

iii. The receipt, maintenance, storage and release of all evidence, recovered and found property, and items submitted for safekeeping;

iv. Maintain a legally sufficient chain of custody on all property, evidence and contraband submitted to the section;

v. Adhere to a practice of ongoing inventory control to

include the lawful conversion of property and evidence to auction, law enforcement use, or destruction, and complete documentation of same;

vi. Accurate record keeping and timely deposit into an established escrow account of all non-evidentiary money submitted;

3. I.T. Liaison

The Services Management Commander shall serve as the Department’s liaison to the Town of Ocean City’s Information Technology department on all matters related to the acquisition, installation and disposition of computer hardware, network configuration and I.T. related projects.

4. Facility and Fleet Maintenance

Designated personnel serving in this capacity shall be responsible for

the care and maintenance of facility operating systems, as well as other designated duties relating to fleet maintenance, and departmental equipment.

E. Budget and Fiscal Service Section

This Section reports directly to the Division Commander and is responsible for budget preparation and management. This Section shall also be responsible for the technical preparation and daily administration of all departmental budgets, including grants. Regular reports shall be produced to show account status, expenditures and remaining balances. Equipment purchases, supply requisitions and purchase orders shall be processed by this Section.


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The primary duties and responsibilities of this function are:

1. Daily maintenance and control of the Department's operating budget; 2. Processing of requisitions, purchase orders, check requests, and

invoices; 3. Assure department compliance with the Town of Ocean City’s

purchasing policy; 4. Maintenance of escrow accounts dedicated to seized assets, to

include the issuance of reimbursement checks; 5. Preparation and distribution of budget related management reports; 6. Control of the distribution and re-supply of petty cash; 7. Research, reserve and prepare travel and per diem requests for

training and other work related travel; 8. Provide administrative support to the executive staff; 9. Provide administrative support to the Office of the Chief as required by

staffing needs.

F. Records Management Section

The Records Management Section shall serve as the central repository for police records storage, with control and retrieval in a manner consistent with confidentiality mandates. Other functions include entering incident-generated information into the Records Management System (RMS), disseminating reports internally and to the public as required and compiling statistics in accordance with national Uniform Crime Reporting (UCR) procedures.

The primary duties and responsibilities of this section are:

1. Maintenance and proper filing of all police reports and arrests

records;

2. Reproduction and timely forwarding to the State’s Attorneys Office of all documents and other media as required under rules of discovery in the prosecution of criminal cases;

3. Serve as the distribution point for all reports and other requested

materials under the Maryland Public Information Act; 4. Processing of all requests for information from the public sector

concerning police reports and other information maintained in the Records Section;

5. Regular compilation and submission of the F.B.I. Uniform Crime Report

and all other State and Federal reports as assigned;


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6. Data entry of citations, warnings and Field Interview Reports into the department’s Records Management System;

7. Daily receipt, recording and deposit of payments received for parking

tickets, municipal citations, impounded vehicles, and other fines and fees as assigned;

8. Periodic billing of unpaid parking citations and municipal fines;

9. The timely and thorough processing of court ordered expungements of

criminal records and reports; 10. Serve as the Department’s Court Monitor and State’s Attorney for the

purpose of reconciling court appearances and overtime expenditures; 11. Provide administrative support to the department’s Hack Inspector 12. Provide administrative support to the department’s Noise Enforcement

Unit. IX. Criminal Investigation Division

The Criminal Investigation Division shall be responsible for conducting continued investigations into matters of criminal activity and shall be responsible for identifying, apprehending and assisting in the prosecution of those individuals responsible for such criminal activity. The Division shall be available to provide investigative services twenty- four hours a day.

A. Division Commander

The Criminal Investigation Division (CID) shall be commanded by a Captain who is responsible for overall operations. The CID Commander reports directly to the Chief of Police.

Responsibilities of the CID Commander include:

1. Establishment and maintenance of Division policies, rules and regulations;

2. Ensure the Chief of Police is updated on major investigations; 3. Deployment of Division personnel and resources; 4. Preparation of Division budget and fiscal management; 5. Periodically prepares reports on activities/functions; 6. Coordinates multi-jurisdictional investigations with other agencies; 7. Direct and evaluate subordinates;


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8. Other duties as assigned; B. Assistant Division Commander

The Assistant Division Commander of CID shall be a Lieutenant who reports to the CID Commander. 1. The responsibilities of the Assistant Commander include: 2. Supervision of personnel; 3. Oversight of case preparation; 4. Reviews reports; 5. Direct and evaluate subordinates; 6. Maintain records on forfeiture vehicles; 7. Prepares reports on activities/functions; 8. Assumes duties of the CID Commander during their absence; 9. Assignment of cases;

C. Division Responsibilities The Criminal Investigation Division is responsible for: 1. The investigations of criminal offenses, detection and arrest of criminal

offenders, recovery of lost and stolen property, compilation and comparison of criminal records, and other duties as the Chief may direct.

2. Follow-up investigations of criminal offenses as outlined by policy and

other special investigations designated by the Division Commander. 3. The confidentiality of all criminal investigative files maintained by the Division and shall not release materials without the authorization of the Division Commander or the Chief of Police. 4. Management of the Department’s participation in any local, State, or

Federal criminal Task force as determined by the Chief of Police

D. Assignments

1. Major Crimes Section This section shall be responsible for the proper investigation and

prosecution of the following:


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a. Crimes Against Persons: the investigation of crimes against persons as enumerated by policy.

b. Crimes Against Property: the investigation of property crimes, as

enumerated by policy.

c. Juvenile/Child Abuse: the investigation of major juvenile crime and any child abuse.

d. The Division may detail sworn personnel to the Office of the Fire Marshal to assist in the investigation of crimes of arson and other duties as determined by the Fire Marshal.

2. Forensic Services Unit

The Forensic Services Unit shall provide trained Crime Scene Technicians (CST) who shall provide two primary services to the Department:

a. Evidence Collection: CSTs shall respond to crime scenes to

collect, document and preserve trace evidence. CST’s also process evidence submitted by other members, conduct examinations and comparisons to the extent that their training allows, and prepare court exhibits. b. Digital Image and Video Services: CSTs shall provide photography support services to include film, digital, video as part of official investigations and assignments.

3. Crime Analysis

Crime Analysis shall be utilized to support operational needs by coordinating and disseminating criminal information. Analysis of criminal incidents shall be utilized to detect trends, develop suspects, and assist with strategic planning for tactical, operational and administrative efforts.

4. Narcotics/Vice Enforcement: This Section shall be responsible for the

following duties:

a. Narcotics Enforcement - duties and responsibilities as follows:

The Unit shall be responsible for the identification and

apprehension of suspects in mid and upper-level drug organizations working within the Town. The Unit shall also be responsible for the identification and arrest of street-level drug dealers and users operating within the Town. The primary focus of this Unit shall be the enforcement of drug laws in residential communities where drug sales are adversely affecting the quality of life for residents. This Unit shall:


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1. Cooperate with employees of the department and other authorities in the enforcement of laws related to illicit narcotic activities;

2. Coordinate information and efforts toward the

apprehension of persons in violation of drug and narcotic laws; and

3. Ensure cooperation in the enforcement of narcotic laws in cases requiring long-term investigations.

b. Vice Enforcement - duties and responsibilities as follows:

1. Gambling/gaming laws enforcement

2. Prostitution laws enforcement;

3. Pornography laws enforcement. c. Narcotics Task Force Assignments

5. Intelligence

The intelligence activities shall include information gathering, analysis, and dissemination to the appropriate functions/components as well as coordination with external agencies.

Intelligence Task Force Assignments

The Department’s participation in any outside Criminal Task Force shall remain at the sole discretion of the Chief of Police.

6. Selective Enforcement Unit This enforcement unit is a proactive, highly flexible street level criminal

investigative unit that works closely with the community to identify problems and solve crime. The unit’s objectives are to identify and address neighborhood quality of life concerns with an emphasis on reducing crime, monitoring repeat and violent offenders within the community, and rapidly deploying to evolving public safety concerns. The unit will use intelligence gathering and crime analysis to guide its investigative and enforcement efforts.

XI. Appendix A. Organizational Structure Chart

Ocean City Police Department Organizational Structure

Implemented: 2 September 2013 G.O. 100 A-1

Community Services Section

Professional

Standards Section Patrol

Division

Support Services

Division

Criminal Investigation

Division

Narcotics &

Vice Section

Intelligence

Unit

Records Management

Section

Budget & Fiscal

Services Section

Assistant

Service Management

Section

Arrest & Detention

Training & Recruiting

Personnel Management

Building & Fleet Mgt.

Patrol

Shifts

W.C.S.O C.E.T.

Forensic Services

Major Crimes

Section

Special Events

Policy Issues

Quality Assurance

Planning & Research

Emergency Preparedness

I.T. Liaison

Neighborhood Watch

Crime Prevention

Joint Terrorism

Task Force

Internal Affairs

Mounted Unit T.S.U.

Q.R.T. C.N.T.

Noise Unit Bike Unit

Canine Unit Honor Guard

Property & Evidence

Human Resources

Section

Homeland Security

Task Force F.T.E.P.

Auxiliary Officers

Chief of Police

Reserve Police Officer Program

Animal

Control

Crime Analysis

Special Enforcement

Unit

Specialty

Units

Evening Midnight Day

Public Affairs


Table of Contents I. Purpose II. Definitions: A. Employee(s)

B. Non-Sworn Employee (s)

C. Retiree

D. Scribe(s)

E. Sworn Employee (s)

III. Policy IV. Appointments V. Awards & Commendations A. Nomination Procedure B. Review Procedure C. Appeal Procedure VI. Types of Awards & Commendations VII. Awards Presentation Ceremony

Subject: Employee Recognition & Commendation

No. G.O. 100 D-2

Rescinds:

Amends: G.O. 100 D-2

Related Directive:

Approval Date:

Effective Date:

Distribution Date:


References:

Employee Recognition; G.O. 100 D-2 Page 2 of 12

I. Purpose:

The purpose of this policy is to provide a means whereby police employees and

members of the general public may receive official departmental recognition for

outstanding acts or meritorious service to the Department and community, to

provide for the recognition of employees upon retirement from service, and to recognize

the meritorious promotion of employees.

II. Definitions

A. Employee(s): Persons who perform services for or on behalf of the Department

and whose duties and assignments are directly controlled by the Department.

B. Non-Sworn Employee (s): Any employee that is not a police officer.

C. Retiree: An employee who has met the Town of Ocean City’s retirement

obligation and has separated from employment.

D. Scribe(s): An employee selected by a Department Division / Section who is

responsible for keeping written documentation of any significant events or

accomplishments of employees

E. Sworn Employee (s): Employees who are police officers vested with law

enforcement authority.

III. Policy

It is the policy of the Department to publicly recognize both citizens and employees for

exceptional service to the Department and Community and to recognize retirees for their

honorable service and contributions to the Department and community.

IV. Appointments

A. Commendation Board

1. The Chief of Police shall appoint a Commendation Board of seven

members to serve on the board for two years, with new appointments

every year. Members shall be selected so as to fairly represent

each Division of the Department.

2. In addition to the seven permanent members, the Chief shall also appoint

two associate members who will rotate into permanent positions as the

appointment of a permanent member expires


3. A Lieutenant shall be designated as Chairman and shall schedule

meetings to review and act upon accomplishments submitted for

consideration

4. A second Lieutenant shall be appointed to the Board every following year.

After serving as a member for one year, this Lieutenant shall assume the

position of Chairman.

5. The Commendation Board shall review all nominations pursuant to this

policy and forward their recommendations to the Chief of Police for final

approval.

B. Scribes

1. Each Division shall appoint a Scribe; except that in the Patrol Division,

each Patrol Watch shall appoint one Scribe for the Watch

2. Once Scribes have been appointed, a Personnel Order shall be issued by

Human Resources announcing the appointments under Distribution “A”

3. The Commendation Board Chairperson shall ensure that Scribes are

appointed concurrently with Seasonal deployment changes.

V. Awards & Commendations

A. Nomination Procedure

1. Nominations for commendations and awards shall be submitted to

Department Scribes on the Department Awards Nomination Form

(Appendix A) within the seven month period immediately preceding the

semi-annual Commendation Board meetings.

2. All nominations must be appropriately justified and sufficiently detailed to

allow proper evaluation and decision by the Commendation Board.

3. Scribes shall review all nominations received to ensure that they are

properly completed.

a. If the nomination form is properly completed, the Scribe shall

submit the nomination form to the Commendation Board

Chairperson via the chain of command.

b. If the nomination form is incomplete or otherwise improperly

completed, the Scribe shall return the nomination to the nominator

for correction.


4. Supervisors in the chain of command shall comment on the nomination

either supporting it or opposing it with justification.

5. Any employee may nominate an individual for recognition, except in the

case of a Unit Citation, which must be nominated by the Unit's Division

Commander.

6. All nominations shall include, but not be limited to the following

information, if available:

a. Statement of at least one eyewitness, if possible.

b. Time and location of the incident.

c. Names of all persons rendering assistance, and the nature of the

assistance.

d. Any injury to the person being nominated should be described in

detail and, if possible, a First Report of Injury should also be

included.

e. Names of all persons involved

f. A detailed account of the incident and any other pertinent

information.

g. Police report of the alleged incident, if applicable.

B. Review Procedure:

1. The Commendation Board shall meet bi-annually in April and October to

review nominations and make recommendations to the Chief of Police

concerning award and commendation nominations.

2. After reviewing the nominations, the board will approve or disapprove of

the nomination by simple majority vote.

3. Upon review of any particular nomination, the Commendation Board, at

its discretion, can recommend the presentation of an alternate award if it

feels the alternate award is more appropriate for the act.


4. The Chairperson shall submit the Board's recommendations, in writing, to

the Chief of Police who may accept or reject the recommendations of the

Board. Once all recommendations are reviewed, the Chief shall forward

his/her decision(s) to the Commendation Board Chairperson.

5. The Board Chairperson shall ensure that a Personnel Order is authored

and distributed announcing the award and commendation recipient(s).

6. The Board Chairperson shall ensure that notices of disapproval are sent

to those personnel making the recommendations within 48 hours of the

decision.

C. Appeal Procedure

The procedure to appeal a decision of the Commendation Board / Chief of Police

shall be as follows:

1. Appeals may be submitted by the originating Scribe, the nominating

employee, or the nominee employee.

2. The appeal shall be submitted on a Form 95 with any supporting

documents directly to the Commendation Board Chairperson.

3. All appeals must be submitted within fourteen calendar days of the

Commendation Board's initial decision.

4. The Commendation Board will, upon receiving interdepartmental

correspondence, grant one appeal hearing.

5. The author of the appeal should appear in person before the Board to

discuss the reasons for the appeal.

6. A written appeal without a personal appearance before the

Commendation Board is an option; however, it limits the Board's

discussion to what is presented in written documents.

7. Failure by the author of the appeal to appear before the Board as

scheduled, without sufficient cause or without notifying the Board, will

result in the rejection of the appeal, and the initial decision of the Board

will remain.

8. The Commendation Board may grant appeal hearings on late filed

appeals only when it is shown that the request to appeal was delayed due

to newly found evidence or to correct an injustice.


9. The Commendation Board's decision of an appeal shall be sent to the

Chief of Police for review.

VI. Types of Awards & Commendations:

The following types of awards have been established in their order of their significance

and employees may nominate qualified persons for the following:

A. Medal of Valor;

1. This award is given to any sworn employee, who, while on duty or in the

act of performing in a law enforcement capacity while off duty, has been

killed or seriously wounded. The individual must have required

hospitalization.

2. Only one award is authorized for any one incident regardless of the

number of separate injuries sustained.

3. Final decision on each recommendation of this award will rest with the

Commendation Board, and then the Chief of Police.

4. The elements which must be present to quality for the award are:

a. Sworn Employee

b. Injury, wound, or death must have occurred in the performance of

duties;

c. Hospitalization required;

d. If the injuries sustained were not inflicted by a deadly or

dangerous weapon, the final determination will be made by the

Chief of Police.

4. This award will bear the seal of Ocean City, attached to a red ribbon and

will be presented in a wooden case.

B. Silver Star:

1. Awarded to any employee who distinguishes him/herself conspicuously

by gallantry and at the risk of his/her life.

2. A deed performed must have been a voluntary act and of personal

bravery or of self-sacrifice so conspicuous as to clearly distinguish the

individual for gallantry and must have involved risk of life.


3. Incontestable proof of the performance or the service will be expected

and each recommendation for the award of the Silver Star will be

considered on the standard of extraordinary merit; and it must be the type

of deed, which if not done, would not subject him/her to any criticism.

4. An accumulation of minor acts of heroism does not justify this award.


a. Sworn or Non-sworn employee;

b. Bravery at risk of his/her life, beyond a doubt;

c. Clearly above the call of duty; and,

d. If not done, would not reflect negatively on the employee.

6. This award ribbon is a silver star on red, white, and blue field.

C. Bronze Star:

1. This award is given to any sworn employee who distinguishes him/herself

by displaying courage and devotion to duty that is over and above that

usually required when enforcing the laws of arrest.

2. The act must be one that occurred under unusual circumstances, and the

individual demonstrated initiative, intelligence, expertise, or self-sacrifice

that is over and above that required by the rules and regulations for

solving crime and apprehension of offenders.


a. Sworn employee;

b. Courage and devotion to duty that is clearly over and above that

usually required when enforcing laws or arrest;

4. Demonstrated initiative, intelligence, expertise or self-sacrifice.

5. This award ribbon is a bronze star on a white background.


D. Meritorious Service:

1. Awarded to any employee who distinguishes him/herself by performing

his/her duties in a manner that clearly exceeds what is normally required

or expected or for a highly creditable accomplishment and sufficient to

distinguish the individual from those performing comparable duties.

2. The act performed must clearly exceed what is normally required or

expected and must be an important contribution to the achievement of the

goals of the Department



b. Performance substantially above normal requirements;

c. Important contributions to the achievement of Department goals;

d. Demonstrates a high degree of personal initiative;

e. Exemplary performance which is either sustained or for a single

act.

4. This award ribbon is red, white and blue.

E. Special Commendation

1. Awarded to any employee who distinguishes him/herself by performing

extraordinary physical acts or accomplishments or renders life saving

techniques to aid in the preservation of a human life.

2. To qualify for this award, an individual, (victim), will likely succumb to an

existing injury or illness, unless some type of life saving technique is

administered and there is no other professional assistance available.

3. A recipient of the award must be the primary aid provider or render such

assistance that the death of the individual would likely be imminent should

this action not be initiated.

4. Only one award is authorized for any one incident, regardless of the

number of persons rescued/saved.




b. Performs a physical act or renders first aid technique to aid

in the preservation of a human life;

c. Victim must be in imminent danger of succumbing to an injury or

illness unless some action is taken;

d. Victim must have active injuries or physical illness that is life

threatening; or,

e. Officer must voluntarily participate in any life saving attempt.

6. This award ribbon is blue, white and blue.

F. Excellent Performance

1. Awarded to any employee for an act or achievement above that which is

normally required or expected or

2. To any employee who distinguishes him/herself by the performance of an

act or contributes to a device or method that is adopted by the

department to increase efficiency in administrative or operational

procedure.

3. Employees qualify for this award based on:

a. Displaying initiative in the fostering of an innovative,

valuable or successful program; or

b. Performance of an act of intelligence or valuable police

service, demonstrating special faithfulness or perseverance or;

4. This award ribbon is red, white and red.

G. Unit Citation

1. This award will be given to employees who distinguish themselves

through their Unit, Division, Shift or Section's performance. This

performance must be for meritorious service or outstanding achievement

wherein the designated Unit is clearly set above and apart from other

Units.


2. Units qualify for this award by:

a. The Nomination must be made by the Division Commander;

b. Evidence must be presented that distinguishes the Unit’s

performance, accomplishments or contributions to the Department

such that the Unit’s work is clearly meritorious.

c. Some justification for each member of the Unit must be presented

with the nomination.

3. This award ribbon is white and blue.

H. Certificate of Outstanding Service

1. This award will be given non-sworn employees or citizens who

distinguish themselves by the performance of a heroic act or achievement

involving personal danger with a knowledge of risk, above and beyond

that normally required or expected and includes the rendering of voluntary

assistance to sworn employees and/or the public where human life is in

jeopardy.

2. A suitably framed certificate will be presented to the recipient of this

award which will contain a brief description of the act which qualified the

individual for the award.

I. Certificate of Appreciation

1. This award will be given to a citizen for an act which materially contributes

to a police accomplishment in the field of traffic safety, crime prevention,

or police/community relations and includes;

a. Providing information that leads to the arrest of a suspect(s) in a

felony case or multiple misdemeanor cases, not to include

instances that would present an imminent threat to the individual

considered for this certificate.

b. Voluntary assistance in an emergency situation(s), hurricanes,

floods, disasters, etc.

c. Those who have materially or conceptually contributed

significantly to the safety of the community, or the well-being of

persons in the community (contributions, purchases, donations of

equipment, etc.).


2. A suitably framed certificate will be presented to the recipient of this

award which will contain a brief description of the act which qualified the

individual for the award.

J. Honorable Discharge

This award will be given to sworn and non-sworn employees of the Police

Department who successfully complete their career with the Department and

retire from service.

a. This medal will bear the seal of Ocean City, attached to a blue and white

ribbon and will be presented in a walnut case. This will be accompanied

by a certificate of appreciation, signed by the Mayor and Council.

b. No nomination is required for this award.

VII. Awards Presentation Ceremony

A. The Department will recognize employees and citizens at an annual ceremony to

honor the individuals’ service to the Department and to the Town of Ocean City.

The ceremony will honor award recipients, retiring employees and employees

who have been promoted in the previous 12 months.

B. The Chief of Police or his/her designee shall make all awards presentations.

C. Employees who are receiving recognition by the Department shall be invited to

the ceremony and may attend with one guest at no cost to the employee.

Additional guests will be permitted but will pay the associated cost of attendance.

D. The Department’s Public Affairs / Community Relations staff shall;

1. Coordinate and plan the ceremony. Additional staff may be appointed by

the Department as needed.

2. Obtain all relevant information about each award recipient for purposes of

the presentation of awards

3. Obtain all applicable recognition items for each award recipient

4. Provide staff support for the set up of the ceremony.

E. Employee’s who are receiving non-retirement awards shall receive the applicable

ribbon and certificate for the award received.


F. Retiring employees shall be presented with the following items;

1. Sworn Employees

a. Department Firearm

b. Retiree credentials to include retiree badge and identification card

c. Newly issued awards / commendation ribbons representing those

earned during service

d. Honorable Discharge Medal

e. Certificate of Appreciation, signed by the Mayor and Council

f. Key to the City

g. All applicable proclamations

2. Non-Sworn Employees

a. Awards / Commendation Ribbons earned during service

b. Honorable Discharge Medal

c. Certificate of Appreciation, signed by the Mayor and Council

d Key to the City

e. All applicable proclamations


Table of Content I. Purpose II. Definitions

A. Bias Based Profiling B. Investigative Stop C. Motor Vehicle Stop

D. Reasonable and Articulable Suspicion E. Traffic Stop

F. Transportation Article 25-113 – Race Based Traffic Stops G. Written Documentation III. Policy IV. Principles V. Documentation – Traffic Stops VI. Documentation – Investigative Stops: Individual/Motor Vehicle VII. Termination of Detention VIII. Training IX. Audits

X. Appendices

I. Purpose:

Subject: Bias Based Profiling

No. G.O. 200 H-2

Rescinds:

Amends: G.O. 200 H-2 Dated 08/10/11

Related Directive: S.O.P. - ADM 007

Approval Date:

Effective Date:

Distribution Date:


References: Maryland Vehicle Law 25-113 MPCTC – “Proactive Traffic Stops” and “General Police Patrol Tactics” Maryland Criminal Code – Criminal Law 4-206

Subject: Bias Based Profiling G.O. 200 H-2

2

The purpose of this Policy is to set parameters regarding the use of profiling as a law enforcement tool. A profile is a set of characteristics which can arbitrarily ascribe to human behavior or to a social situation, and by which police officers judge, evaluate, and categorize people, places, and things. These characteristics are derived from a police officer’s life experiences and training, and are applied either consciously or sub-consciously. Police intuitively form insights regarding people they professionally interact with, particularly the criminal element. From these associations, police develop a mental profile of certain characteristics that are habitually associated with specific acts of criminal behavior. Essentially, methods of operation (M.O.) and criminal profiles are closely related concepts. Based on a criminal’s M.O., an experienced and insightful police officer can usually formulate a reasonably accurate profile of the perpetrator. Profiling, in and of itself, is a useful tool to assist law enforcement officers in carrying out their duties.

“Bias based profiling” occurs when an officer selects individuals based solely on a

common immutable trait of a particular group as a basis of enforcement. Bias based profiling includes, but is not limited to, taking law enforcement action based solely on a person’s race, ethnic background, gender, sexual orientation, religion, economic status, age, culture or some other identifiable feature. Bias based profiling undermines legitimate law enforcement efforts and can lead to claims of civil rights violations. Additionally, bias based profiling alienates citizens and fosters distrust of law enforcement by the community.

II. Definitions: (for purpose of this Policy)

A. Bias Based Profiling: Police-initiated action based solely on race, gender, age, ethnicity, sexual orientation, religion, or cultural group rather than reasonable articulable suspicion, probable cause or knowledge of unlawful activity. B. Investigative Stop: A stop based on reasonable articulable suspicion or knowledge of criminal activity. Information may originate with another officer, a citizen, the Communications Center (includes BOLOs), or by independent investigation. C. Motor Vehicle Stop: Whenever a police officer stops a motor vehicle and detains the driver and/or occupants to investigate a crime, traffic offense, equipment violation, or take other law enforcement action. This includes traffic stops and investigative stops.

D. Reasonable and Articulable Suspicion: Information known to an officer at the time he initiates action, which would lead a reasonable police officer to suspect that the subject of the information is or has been involved in a violation of criminal or traffic law. E. Traffic Stop: A vehicle stop initiated as a result of an observed/ reported violation of the Maryland Vehicle Law. The report of a traffic violation may originate with another officer, citizen witness, or Emergency


3

Communications Center. F. Maryland Vehicle Law § 25-113 – Race Based Traffic Stops: A provision of the Maryland Vehicle Law that requires a law enforcement officer to collect and report specific information associated with his/her traffic stop.

G.. Written Documentation: Completed forms which identify the details of a

police contact, specifically: Maryland Uniform Complaint and Citation (State Citation), Maryland Safety Equipment Repair Order (S.E.R.O.), O.C.P.D Written Warning (Warning), Call For Service (C.F.S.) Report, Traffic Stop Data Form (T.S.D.F.), Incident Report (I/R), and Field Interview Report (F.I.R.).

III. Policy:

The Department is committed to the protection of human and civil rights for all people and carrying out law enforcement responsibilities in a nondiscriminatory manner in accord with the United States Constitution and the Maryland Declaration of Rights. The Department will assure that every person is treated fairly and provided equal protection under the law. Officers shall not take any law enforcement actions based solely on race, gender, age, ethnicity, sexual orientation, religion, or cultural group.

IV. Principles:

A. All law enforcement actions, such as traffic stops, investigative stops, arrests,

searches and seizures will be based on reasonable and articulable suspicion or probable cause supported by specific facts that the person contacted/detained has committed or is about to commit a crime, or is engaged in suspicious activity, or is presenting a threat to the safety of others or themselves as required by State statutes and the U.S. Constitution.

B. Officers must be able to articulate specific facts, circumstances, and conclusions

which support their actions. Police officers should always rely on their training, experience, knowledge, specific facts at hand, and circumstances of the incident when taking enforcement action.

C. Biased based profiling in traffic contacts, field contacts, asset seizure, and any

other law enforcement actions are prohibited. If information is developed that an officer is allegedly engaged in bias based profiling, the officer will be closely monitored. The officer’s supervisor and/or commander will be notified of the perceived problem if they are not the originator of the complaint. Officers found to engage in a pattern of bias based profiling will be subject to counseling, remedial training and/or disciplinary measures which could include termination from employment.

D. Nothing in this, or any other policy, alters an officer’s authority to conduct

enforcement actions or otherwise fulfill his enforcement obligations.


4

V. Documentation – Traffic Stops

A. An officer initiating a traffic stop shall inform the driver of the offense or suspected offense that is the basis for the stop. No debate over the circumstances of the stop should occur nor should this be an opportunity to pass judgment on the driver. B. An enforcement action (State Citation, S.E.R.O., or Traffic Warning) must be

issued when an officer establishes that a traffic violation did occur. If an officer determines that no violation occurred (i.e. seatbelt was not evident but was in use, apparent equipment violation did not actually exist, etc.) the officer may conclude the stop without issuing any documentation to the vehicle operator. The officer shall inform the driver of the error and ask the driver if he/she has any questions. The officer should provide the driver with his/her name and contact information should a question regarding the stop arise later.

C. If an arrest is made as the result of a traffic stop, the officer should still issue a State Citation, S.E.R.O. or Warning to address the initial violation that warranted the traffic stop. D. An Incident Report (IR) must be completed if an arrest or search occurs as a result of the traffic stop. In the event the officer obtains “consent” to conduct a search, an Incident Report (IR) is not required but a notation of the consent search must be documented in the CFS Report notes section. E. If the traffic stop meets the definition of Maryland Vehicle Law 25-113, an officer

shall assure race-based data is collected and submitted as directed through Standard Operating Procedure SOP-ADM 007

VI. Documentation – Investigative Stops: Individual/Motor Vehicle A. Appropriate written documentation is mandatory for every investigative stop.

1. A Field Interview Report (F.I.R.) shall be used when appropriate. 2. An Incident Report (IR) is required in the event detainment is prolonged, a

search/frisk is conducted, and/or an arrest is made. 3. In the event a police officer performs a “limited” search as a result of

his/her belief a subject is carrying/wearing/transporting a handgun, the officer must comply with the provisions of Maryland Criminal Law Section 4-206 entitled Limited Search Seizure and Arrest as well as reporting requirements in this Policy.

B. Incident Reports (IR) required under this Section must be completed and

submitted for review to a supervisor within twenty-four (24) hours of the incident. C. At the appropriate time, the officer conducting the investigative stop shall explain

the circumstances surrounding the stop and respond to inquires made by the detainee(s) of the officer’s actions.


5

D. The officer shall provide the detainee with his/her name and contact information should a question regarding the stop/detention arise later.

VII. Termination of Detentions

The requirement to document all investigative initiatives shall not prevent an officer from abruptly diverting to respond to a priority call (emergency response). If necessary, the officer should briefly explain his/her actions to the violator and respond to the priority call without issuing any documentation to the violator. The officer shall later complete the appropriate form (Warning/F.I.R.) to document the stop. This will allow the date, time, location, officer, and reason to be recorded.

VIII. Training:

All employees will receive initial and periodic training in bias based profiling issues that promote and encourage impartial policing and prevent the creation, adoption or use of inappropriate stereotypes. Applicable training may include, but is not limited to, departmental policy and practice, State mandates, officer safety, courtesy, cultural diversity, search and seizure issues and legal aspects, asset seizure and forfeiture, interview techniques, interpersonal communication skills, constitutional and case law, field contacts and motor vehicle stops.

IX. Audits: The Office of Professional Standards will routinely review C.F.S. reports, State Citations, S.E.R.O.s, Warnings, T.S.D.F., M.C.T. messaging, in-car digital recordings, and Incident Reports (IR) of traffic stops and investigative stops in an effort to assure compliance with this Policy. X. Appendices

A. Maryland Criminal Code CR 4-206

B. MSP Form 97 – Firearms Report

§ 4-206. Limited search, seizure, and arrest

A. Limited Search 1. A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph 2 of this subsection if the officer, in light of the officer's observations, information, and experience, reasonably believes that: a. The person may be wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle; b. Because the person possesses a handgun, the person is or presently may be dangerous to the officer or to others; c. Under the circumstances, it is impracticable to obtain a search warrant; and d. To protect the officer or others, swift measures are necessary to discover whether the person is wearing, carrying, or transporting a handgun. 2. If the circumstances specified under paragraph 1 of this subsection exist, a law enforcement officer: a. May approach the person and announce the officer's status as a law enforcement officer; b. May request the name and address of the person; c. If the person is in a vehicle, may request the person's license to operate the vehicle and the registration of the vehicle; d. May ask any question and request any explanation that may be reasonably calculated to determine whether the person is unlawfully wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle; and e. If the person does not offer an explanation that dispels the officer's reasonable beliefs described in paragraph 1 of this subsection, may conduct a search of the person limited to a patting or frisking of the person's clothing in search of a handgun. 3 A law enforcement officer acting under this subsection shall take into account all circumstances of the occasion, including the age, appearance, physical condition, manner, and gender of the person approached. B. Seizure of handgun and arrest 1. If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may demand evidence from the person of the person's authority to wear, carry, or transport the handgun in accordance with § 4-203 B of this article.

2. If the person does not produce the evidence specified in paragraph 1 of this subsection, the officer may seize the handgun and arrest the person. C. Written report 1. A law enforcement officer who conducts a search or seizure in accordance with this section shall file a written report with the law enforcement officer's employer unit within 24 hours after the search or seizure. 2. The report shall be on a form that the Secretary of Public Safety and Correctional Services prescribes (MSP Form 97), shall include the name of the person searched, and shall describe the circumstances surrounding and the reasons for the search or seizure. 3 A copy of the report shall be sent to the Secretary of State Police.

D. Civil actions On request of a law enforcement officer, the Attorney General shall defend the officer in a civil action, including any appeal, in which the officer is sued for conducting a search or seizure under this section that is alleged to be unreasonable and unlawful. E. Construction of section 1. This section may not be construed to limit the right of a law enforcement officer to conduct any other type of search or seizure or make an arrest that is otherwise authorized by law. 2. The provisions of this section are in addition to and not limited by the provisions of Title 2 of the Criminal Procedure Article

FIREARMS REPORT

MSP 97

STOP & FRISK REPORT FIREARMS INCIDENTAL TO ARREST REPORT TRACE

REPORT

INFORMATION REQUESTED VIA: PHONE MAIL MILES VERBAL OTHER

(1) DRIVER LIC. ID NUM. SOC-SEC-NUM

(2) LAST NAME (MAIDEN) FIRST NAME MIDDLE NAME

(3) D.O.B.

HT. WT. SEX RACE

(4)

ADDRESS

STREET CITY COUNTY STATE ZIP CODE (5) DATE

TIME

LOCATION OF SEARCH

COUNTY

(6) TYPE OF WEAPON MAKE MODEL CAL. SERIAL NUMBER

FINISH

BARREL LENGTH

COUNTRY OF ORIGIN

(7) HANDGUN PERMIT NUMBER ARRESTED YES NO

(8) ARREST REPORT NUMBER(S) (9) RELATED REPORT NUMBER(S)

(10) DESCRIBE THE CIRCUMSTANCES RELATING TO SEARCH/SEIZURE/TRACE:

(11) INVESTIGATING OFFICER NAME, RANK, I.D. (12) INVESTIGATING OFFICER’S SUPERVISOR

(13) AGENCY OR MSP INSTALLATION (14) REQUESTOR’S PHONE NO. (15) DATE (16) TIME

BELOW THIS LINE FOR LICENSING DIVISION USE ONLY

(1A) OWNERS LAST NAME

(MAIDEN) FIRST NAME MIDDLE NAME

(2A) D.O.B.

HEIGHT WEIGHT SOCIAL SECURITY NUMBER

(3A) ADDRESS

STREET CITY COUNTY STATE ZIP CODE

(4A) TYPE OF WEAPON MAKE MODEL CAL. SERIAL NUMBER

FINISH BARREL LENGTH COUNTRY OF ORIGN

(5A) INFORMATION RELEASED TO: (NAME, RANK, AGENCY)

(6A) INFORMATION RETURNED VIA: (circle one) PHONE MAIL MILES VERBAL OTHER

(6B) COMPLETED REPORT RETURN DATE

(7A) DATE (8A) TIME (9A) TRACING OFFICIALS NAME

(10A) REMARKS

437-

438-


TABLE OF CONTENTS

I. Purpose

II. Definitions

A. Active Aggression

B. Active Resistance

C. Conducted Electrical Weapon (CEW)

D. Less- Lethal Force

E. Lethal Force

F. Objectively Reasonable Force

G. O.S.S.I. R.M.S. I.A. “Use of Force” Module

H. Passive Resistance

I. Physical Force

J. Sensitive Population Group

K. Serious Physical Injury

L. Use of Force

III. Policy

IV. Statement Of Authority

A. Less-lethal Force

B. Lethal Force

C. Excessive Force

Subject: Use of Force

No. G.O. 200 U-1

Rescinds:

Amends: G.O. 200 U-1 01/31/2012

Related Directive: G.O. 200 B-2, S.O.P. OPS 004, S.O.P. OPS 015, & S.O.P. OPS 020

Approval Date:

Effective Date:

Distribution Date:


References: I.A.C.P. Model Policy on “Use of Force” M.P.C.T.C. Model Policy on “Use of Force” C.A.L.E.A. Standard – 1.3.1 through 1.3.13

Subject: Use of Force G.O. 200 U-1

2

D. Use of Force Decision Making

E. Force Transition

F. Voluntary Compliance

V. Force Weapons, Tools, And Equipment

A. Restraint Use

B. Oleoresin Capsicum

C. Conducted Electrical Weapon

D. Impact Weapons

E. Strangle Holds/Choke Holds

F. Firearm Use - Handgun

G. Firearm Use – Patrol Rifle

VI. Post Use Of Force Procedures – Medical Aid

VII. Post Use Of Force Procedures - Reporting and Documentation:

A. General

B. Reporting Requirements

C. Review Requirements

D. Administrative Leave

E. Audits

VIII. Force Training

A. Training Requirement

B. Annual Training

C. Training Documentation

D. Remedial Training


3

I. Purpose:

The purpose of this Policy is to explain the law and the Department’s policy on the use of force. Police officers shall use no more force than is objectively reasonable to accomplish lawful objectives. Naturally, the use of any force to accomplish unlawful objectives is prohibited. The Department will not tolerate excessive and/or punitive force.

The Department trains its employees to use only that force necessary under the circumstances, as those circumstances reasonably appear to the employee, at the time force is used. What force is necessary must depend on the judgment of the employee based upon the employee's assessment of the situation and the employee's training and experience.

Determining and performing the appropriate response to subject resistance or assaultive behavior requires the police officer to:

A. Understand and apply the law and Department policy to fact situations;

B. Make critical situational assessments before, during, and after the decision to use or not use force;

C. Achieve proficiency with each authorized weapon and with personal weapon defensive techniques;

D. Attain and maintain the physical skills, abilities, and conditioning necessary to safely and effectively deploy force and authorized weapons.

To avoid repetition, and aid in understanding the Department’s universal policy, procedures regarding force are grouped in subsequent sections of this Order. Specific policies regarding certain weapons, tactics, or practices are addressed in the relevant sections.

II. Definitions: A. Active Aggression: When a subject makes overt, hostile, attacking

movements which may cause injury to the officer or another. This aggression may manifest itself through actions including, but not limited to, punching, kicking, biting, or pushing.

B. Active Resistance: When a subject is making physically evasive movements

or behaviors to defeat the officer’s attempt to arrest or gain control. Physically evasive movements or behaviors may include, but are not limited to physically bracing, twisting, pulling, attempted flight, or holding onto fixed objects.

C. Conducted Electrical Weapon (CEW): A less-lethal weapon that emits an

electrical energy charge which causes electro-muscular disruption that affects the sensory and motor functions of the central nervous system.

1. Display: The visible presence of the CEW outside of the holster


4

2. Target: The pointing of an armed CEW at a subject

3. Deploy: The use of the CEW to deliver an electrical energy charge either by firing probes, or by direct contact.

D. Lethal Force: Force which creates a substantial risk of serious physical injury or death.

E. Less-lethal Force: Any force that is less than lethal force.

F. Objectively Reasonable Force: Force that is proportionate to the threat presented by, or the force needed to lawfully control, a subject in a particular moment, as the threat or need would be reasonably perceived in that moment, by that officer, without benefit of hindsight.

G. O.S.S.I. R.M.S. I.A. “Use of Force” Module: The Department’s computer data collection source used to track statistical information regarding use of force. Data entered into the module can be reviewed in the following categories:

1. Type of force 2. Involved officer(s)

3. Involved subject(s).

4. Weapon used

5. Locations

6. Effectiveness of the force used

H. Passive Resistance: The refusal to comply with an officers’ verbal command to the extent that it would require some degree of physical contact by the officer in order to elicit compliance.

I. Physical Force: Striking, holding, pulling, pushing, throwing, or exerting strength against another person. J. Sensitive Population Group: People who reasonably appear to be, or are

known to be under five feet tall and weighing under one hundred pounds, elderly, suffering from medical/mental crisis, frail, pregnant, users of cardiac pace makers or have heart conditions

K. Serious Physical Injury: An injury that creates a substantial risk of death, serious and protracted disfigurement, or impairment of the function of any bodily organ or limb.

L. Use of Force: The amount of effort required by police to compel compliance from a person. This applies to any use of force occurring while the officer is acting in an official law enforcement capacity; to include undercover, plain clothes, or uniform assignments whether on-duty or off-duty. The use of a


5

firearm by police officer(s) to compel compliance with verbal commands (i.e. high risk traffic stop) does require a report of force under this policy.

Exceptions: Police actions not included in the above definition are handcuffs when used as a restraint in arrest and transport activities; transport by vehicle; physical removal of peacefully resisting demonstrators; display of a firearm, (un-holstering or depressed weapon position); presence of police officers, mounted or canine units, or police issuance of tactical commands.

III. Policy:

It is the policy of the Department to use only objectively reasonable force to control or overcome active resistance and or active aggression put forth by subjects who are violent, exhibit threatening behavior, or physically resist arrest. The weapons and tactics described in this policy shall only be applied/used by authorized and trained employees in accordance with this Policy and related Standard Operating Procedures.

IV. Statement of Authority:

A. Less-Lethal Force:

Subject to the provisions of Section IV-B (below), a police officer may use less-lethal force when and to the extent it is objectively reasonable to:

1. Defend himself, herself or a third person from what the police officer reasonably believes to be the use or imminent use of force.

2. Prevent the escape from custody or investigative detention or to effect an arrest or investigative detention of a person who the police officer reasonably believes (or reasonably suspects in the case of investigative detention) has committed a criminal offense.

3. Defend himself, herself or a third person from what the police officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect compliance with a lawful order.

4. Discourage the attack of a vicious or dangerous animal.

B. Lethal Force:

A police officer may use lethal force upon another person when and to the extent it is objectively reasonable to:

1. Defend himself, herself or a third person from what the officer reasonably believes to be the use or imminent use of lethal force;

2. Effect an arrest or to prevent the escape from custody of a person who the officer reasonably believes is attempting to escape by means of a deadly weapon, or who by his or her conduct or any other means


6

indicates that he or she presents an imminent threat of death or serious physical injury to others unless apprehended immediately. In the case where lethal force is authorized on a fleeing suspect, officers shall give some warning, if feasible, prior to the use of lethal force. (Example: “Police! Stop or I’ll shoot!);

3. Destroy an animal that represents a clear threat to public safety, or as a humanitarian measure when an animal is seriously injured and no owner is present, prepared to provide immediate emergency veterinary care.

C. Excessive Force:

Force which is not objectively reasonable is prohibited and will not be tolerated by the Department.

D. Use of Force Decision Making:

When assessing the need to use force, and the type and degree of force to use, police officers should consider the nature and extent of any threat posed by the subject, as well as all other circumstances of the encounter. Situational factors include but are not limited to the following:

1. The severity of the crime(s) reasonably believed to have been committed by the subject;

2. The degree to which the subject resists arrests or detention;

3. Attempts made by the subject to evade arrest by flight;

4. Available non-force alternative measures including de-escalation techniques, surveillance, waiting for additional or specialized support, and disengagement. (Note: This factor does not preclude an officer from using force which is objectively reasonable in a particular moment.);

5. Combatant’s known or perceived intentions, motivations and abilities relative to the officer’s abilities in terms of:

a. Gender, age, size, strength, condition, and personal weapon proficiencies

b. Availability and proficiency of weapon (s) use by either the

suspect or the officer

c. Suspect’s motivation to harm or escape, propensity for violence, current condition or state of mind, and combat experience

d. The ratio of police officer (s) to combatant (s)

6. The location or environment where the use of force incident is occurring.


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E. Force Transition:

Transition from one use of force type or degree to another is common in most force incidents. In some extended use of force incidents the officer will correctly transition to differing degrees or types of force several times. A frequent pattern involves the police officer’s attempted use of non-force or open hands techniques to gain compliance, followed by the use of less-lethal force that provides the opportunity for the police officer to more safely use restraint force and equipment to secure and control the subject. Force situations are very dynamic by nature and require the officer to continually monitor and assess the situation to insure a proportionate use of force.

F. Voluntary Compliance:

Voluntary compliance is the preferred means of achieving resolution to potential use of force encounters. When practicable police officers should ask for and allow reasonable time for compliance.

V. Force Weapons, Tools, And Equipment:

Unless otherwise noted the policy, procedures, and the authorized conditions of use or deployment contained in sections I-IV apply to the following subsections.

All weapons, force tools, or restraint equipment carried while on-duty, or off duty under the police officer’s authority as a sworn officer, shall be those issued by the Department or approved for carry by the Chief of Police or his/her designee. No other such instruments shall be carried or used. No issued or approved equipment or weapon is to be altered or modified unless specifically authorized by the Chief of Police or his/her designee. All weapons, tools, and equipment shall be maintained in good working order and any defect shall be reported to appropriate authority and resolved expeditiously. All weapons and equipment shall be carried and used in a manner consistent with Department training as well.

A. Restraint Use:

Restraints are a vital tool to maintain control and reduce injuries. Only issued and/or authorized restraint techniques or equipment are permitted for use. If authorized/ issued restraint techniques or equipment are insufficient to maintain custody and control of a subject, supervisory notification and authorization shall be obtained as soon as practical. Supervisors shall monitor any extraordinary restraint application and ensure appropriate use and documentation. Use of restraints as a punishment is strictly prohibited.

Restraints are authorized as objectively reasonable to:

1. Secure arrestees (or under certain circumstances, detainees) to prevent escape and/or assault.

2. Prevent injury to the arrestee, detainee or others.

3. Prevent property damage.


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B. Oleoresin Capsicum:

Oleoresin Capsicum, commonly called OC or pepper spray is an inflammatory agent. The use of OC spray is considered a form of less lethal force that can be used to disable a person temporarily. Uniformed and plain clothes police officers performing police functions on-duty or off-duty while engaging in private security or other law enforcement related work, shall carry Department issued OC spray.

Any person affected by OC spray, either intentionally or accidentally, will be provided post-use care by an officer.

1. Post-use care consists of rinsing the exposed areas with a saline solution or water as soon as reasonably possible following the exposure, placing the exposed person in a well-ventilated area, and observing the person in a manner consistent with the Department training concerning post-use care.

2. Police officers shall provide access to medical care upon request by the affected person or if it reasonably appears to the officer that medical care is needed. Any doubt is to be resolved by providing medical attention.

3. Any police officer or employee affected by OC spray shall be provided with post-use care. Documentation of any medical treatment provided to a department employee shall be handled in accordance with other Department procedures.

C. Conducted Electrical Weapon (CEW)

The CEW is a less-lethal weapon that may be utilized to gain control of a subject who is exhibiting active aggression, active resistance, or other circumstances as permitted by Department policy.

1. Deployment Guidelines

The following guidelines are supplemental to those policies and procedures outlined in Standard Operating Procedure OPS-015.

a. The CEW will only be assigned to and be carried by on-duty sworn police officers who have been trained and are currently certified in its use.

b. The use of the CEW shall be consistent with the latest training as mandated by the Maryland Police and Correctional Training Commissions, the CEW manufacturer, and the Department.

c. A police officer who targets/deploys a CEW shall immediately notify his/her supervisor.

d. A police officer may use an CEW when confronted with active aggression and/or active resistance, consistent with Department


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policy. The use of the CEW should be preceded by a verbal warning when practical.

e. If an officer is faced with less than active resistance but there is a reasonable and articulable expectation that it would be unsafe to achieve contact range; and attempts to control the subject using other tactics would be unsafe, inappropriate, ineffective, or would likely result in injury to either the subject or the officer; then the officer may deploy the CEW. (i.e. known police fighter, known differences in size and strength, known disparity in relative skill level, prior knowledge of suspect).

f. Fleeing shall not be the sole justification for the deployment of an CEW. Severity of the offense and other circumstances will be considered before officers use an CEW on a fleeing suspect. Officers should be aware that deploying an CEW for the purpose of stopping a fleeing suspect, and does in fact stop the suspect, may be considered a de facto arrest that must be supported by probable cause. (Reid v. Maryland).

g. If an officer deploys an CEW, he/she must continually reassess the situation to ensure the level of force is appropriate.

h. The suspect should be secured as soon as practical.

i. No more than one officer may actively deliver CEW electrical charges against a suspect at any one time.

j. Officers confronting a subject with a medical or mental condition should evaluate alternative force options available prior to an

CEW deployment as a means to gain compliance.

k. In situations involving a subject with an obvious medical or mental condition where an CEW will be used, efforts should be made to summon EMS prior to CEW deployment.

l. The Department will maintain custody of all evidentiary items collected from a CEW deployment for three years plus one month.

m. Following a CEW deployment, officers should use a restraint technique that does not impair respiration of the subject to avoid positional asphyxia.

n. Supervisors shall ensure that digital images of the suspect are

captured as soon as practical after the use of a CEW. Particular attention will be taken to image the impacted area and any obvious physical injuries.

o. An officer will not target the suspect’s face, neck, upper chest, groin, hands, feet, or anywhere on the head with the CEW.


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2. Restrictions

a. Officers are not prohibited from using a CEW in the following circumstances, however CEW use is limited to those extraordinary circumstances where the need to use the CEW reasonably outweighs the risks to those involved. Officers should exercise great discretion in these specific cases;

i. When the subject is holding a firearm. ii. On a handcuffed suspect, absent overtly assaultive, self-

destructive, or violently resistive behavior.

iii. Against a suspect in physical control of a vehicle in motion. iv. In and around water to avoid possible drowning.

v. In an environment where the suspect’s fall could

reasonably result in death or serious injury Ex: elevated structure. vi. Against subjects engaged in passive resistance. vii. Against subjects who are members of a sensitive

population group.

b. A CEW shall not be deployed in the following situations:

i. In an environment where an officer knows that flammable, volatile or explosive materials are present.

ii. In an attempt to awaken unconscious or intoxicated

individuals. iii. For any punitive and/or unjust manner. iv. Intentionally at any person's head, neck, or groin except in

lethal force situations.

D. Impact Weapons:

The use by a police officer of a flashlight, baton, or any other objects used to strike a blow to the muscle groups of a person’s arms or legs will be considered use of less-lethal.

A flashlight, gun, baton, or any other objects used by a police officer to intentionally strike a blow to a person’s head or any other vital zone is prohibited except when lethal force is authorized. While on duty, police officers are prohibited from possessing saps, sap gloves, claws, blackjacks, or other unapproved weapons.


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Whenever the use of an impact weapon results in serious bodily harm or death, the responding supervisor shall place the impact weapon into evidence and provide the involved officer with a replacement impact weapon.

The Department’s less-lethal launcher (FN 303) is classified as an impact weapon. The use of this weapon is outlined in S.O.P. OPS 020.

E. Strangle Holds/Choke Holds:

Holds that may choke or restrict the ability of an individual to breathe may be considered the use of lethal force and are permitted only when lethal force is authorized.

F. Firearm Use - Handgun:

1. Discharge of a firearm is regulated as follows:

a. Firearms discharge is permitted only when it is objectively reasonable in circumstances where lethal force is allowed under this Order.

b. Firing at or from moving vehicles is prohibited except where the police officer reasonably believes that there is an imminent threat of death or serious physical injury to himself, herself or a third party if the police officer does not do so and that it is the only reasonable means of protecting himself, herself and/or a third party. The officer shall consider the safety of bystanders in determining the reasonableness of firing at or from a moving motor vehicle. If an officer can simply move out of the path of an oncoming vehicle, the officer shall do so rather than use lethal force.

c. Firearms shall not be discharged when it appears likely that an innocent person may be injured.

d. To give an alarm or to call assistance when doing so is necessary in an emergency situation and no other means can be used to do so and such a discharge can be accomplished safely.

e. Warning shots are prohibited.

2. Firearm Display:

Police officers shall adhere to the following restrictions regarding display of their firearms:

d. Police officers shall not draw or display their firearm unless it is reasonable to believe it may be necessary to use the weapon in conformance with this Policy.


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b. Police officers, when not in uniform, shall take steps to clearly identify themselves if displaying a firearm.

3. Firearms Carry:

a. Police officers authorized by law to carry firearms shall exercise the utmost care and precaution in the safekeeping and use of such weapons.

b. Police officers will carry their Department-approved firearms with Department-issued ammunition as their primary weapon while on-duty, unless otherwise exempted (i.e. restricted duty, special assignment, etc.). The specific weapon issued will vary, depending on individual police officer’s job assignment. Police officers are not authorized to carry more than one handgun on their person while on-duty, except when authorized by the Chief of Police.

4. Off-Duty Firearms:

Off-duty wear and carry of a firearm is regulated in General Order 200 B-2: Off- duty Action.

G. Firearm Use - Patrol Rifles 1. Operational Guidelines a. Officers should use a patrol rifle in circumstances, such as tactical or high-risk arrest situations, when it is anticipated that officers may confront an armed suspect(s).

b. The decision to deploy a patrol rifle shall be in conformance with

the training provided by the Firearm Training Unit and based upon the resources available to the officer at the time, the risks created by the use of the patrol rifle and the danger posed by the suspect. Such situations may include, but are not limited to: i. Response to an Active Shooter;

ii. High-risk traffic stop; iii. Incident where an officer has reasonable expectation that

there is a potential for an armed subject encounter; iv. Provide cover for a police K-9, or another officer, in the search for an armed subject; v. When responding at the request of a supervisor to an extraordinary event; or


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vi. Incidents in which suspects are believed to have weapons

superior to our issued handgun. vii. Incidents where suspects are believed to be wearing body

armor.

2. Officers shall always consider the potential consequences of their actions when making the decision to use a patrol rifle. Officers shall take into consideration the factors outlined in Section V. subsection G-1 through

G-3.

3. The operational responsibilities regarding the use, care, maintenance, and storage of the patrol rifle are outlined in a Standard Operating Procedure (SOP-OPS 004).

VI. Post Use of Force Procedures – Medical Aid:

Police officers who use force shall observe affected persons to detect signs of physical changes which may indicate a need for medical attention. If it reasonably appears that medical attention is necessary, Emergency Medical Services shall be summoned.

Police officers transferring custody of a person on whom force was used shall advise receiving officers or Arrest and Detention employees of the fact that force was used on the subject, the type of force used, and the perceived effects.

The on-scene supervisor shall also notify the Arrest and Detention Section that force was used on the subject as soon as practical.

Emergency Medical Services shall be summoned if the subject:

A. Lost consciousness,

B. Suffered a seizure,

C. Has difficulty breathing,

D. Sustains an obvious injury,

E. Was subjected to an CEW deployment,

F. Is a member of a Sensitive Population Group and exhibits signs of medical distress,

G. Or there is any other indication of need. Subjects exhibiting signs of medical distress may be transported to a medical facility by EMS personnel for medical evaluation and treatment. Any doubts regarding medical aid shall be resolved in favor of providing medical attention.


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VII. Post Use of Force Procedures - Reporting and Documentation:

A. General

Police officers involved in use of physical force greater than re-directional or escort force shall report the incident as soon as possible, both verbally and in writing, by notifying their immediate supervisor and documentation in the incident report. After review and approval of the police report describing the use of force, the supervisor shall complete the Use of Force reporting module in the Department’s Records Management System. The supervisor shall assess the incident, and, if unreasonable or excessive force is determined to have been used by the arresting officer, the incident will be referred to the Division Commander who shall, in turn, refer the matter to the Professional Standards Unit, which shall investigate the matter per Department policy.

1. The following are examples of situations which require supervisory notification and completion of a Use of Force Report.

a. A police officer exercising police authority uses force which causes any visible or apparent physical injury, or which results in the subject saying that he or she was injured.

b. A police officer exercising police authority uses any object,

including baton, flashlight, hand, fist, or foot, to strike a blow to a subject.

c. A police officer exercising police authority uses force which in

any way causes a subject to suffer a blow to the head. d. A police officer exercising police authority bodily removes or

drags a struggling subject from one place to another or into a police vehicle.

e. A police officer uses any aerosol irritant or inflammatory agent.

f. A police officer exercising police authority uses force during or

after which a subject loses consciousness.

g. A police officer points a firearm at a person or uses a CEW to target a person.

h. A police officer uses a restraint device (other than handcuffs)

i. A police officer, exercising police authority over a subject,

discharges a firearm or deploys a CEW.

2. The police supervisor notified shall have photographs taken of any injuries which are apparent, complained of, or perceived. Police officers with visible injuries shall also be photographed. If the subject refuses to


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be photographed police officers shall fully document his or her known injuries in the report.

3. If a police officer exercising police authority encounters resistance which clearly justifies charges of resisting arrest and/or assaulting an officer, these charges will be made immediately.

4. In any incident where a firearm is discharged, on or off duty, by a police officer of this Department, excluding practice on an approved range or in an approved competition, the police officer shall immediately notify his or her Commanding Officer. Additionally, the police officer shall submit a completed and detailed report of the incident within 24 hours of the discharge to the Chief of Police and to the Office of Professional Standards. Each reported discharge shall be promptly investigated through the Office of Professional Standards.

5. In cases involving death or serious injury of an individual caused by an officer, the Shift Supervisor, after being notified, will immediately contact the Division Commander. The Division Commander shall contact the Chief of Police and cause the State's Attorney's office, City Solicitor and Risk Manager to be notified. An immediate preliminary investigation will be conducted internally by the Office of Professional Standards or, if by order of the Office of Professional Standards, an outside Department.

6. Officers shall surrender any firearm discharged to the appropriate investigator for an official investigation. A replacement firearm shall be issued to the member by a departmental armorer, if appropriate.

B. Reporting Requirements

1. Involved Officer

a. Officers involved in use of force incidents shall report the incident verbally to his/her supervisor. This verbal notification shall be performed while the officer is still at the scene of the incident. This will afford the supervisor an opportunity to respond to the scene to better evaluate the incident and actions of the involved officer. The involved officer’s verbal notification to his/her supervisor shall include any observed or verbalized complaint of injury by the subject.

b. Officers involved in use of force incidents shall provide written documentation of the event in an incident report. Officers shall provide explicit detail of the subject’s actions that required force to combat resistance. Generalizations such as: “the subject was disorderly” or “the subject resisted” are insufficient to properly document actions that would warrant the application of force. The officer shall describe in detail the subject’s actions and conduct, as well as, an account of all verbal commands and instructions directed at the subject to whom the force was applied. The officer


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shall make every effort to utilize proper terminology to describe the defensive tactics used to bring a situation under control (examples: arm-bar-takedown, open hand palm strike, vertical forearm strike).

c. The officer shall also include in the incident report:

i. All injuries sustained by the subject and/or police officer, complaints of injury made by the subject and/or police officer, as well as visible signs of injury to any involved party.

ii. Medical aide provided, to include the type of treatment and the treatment provider

iii. If digital/video images of injuries are taken, the name of the person taking the images.

iv. Use of alcohol and/or drugs by the subject and any

information to substantiate the suspicion of such use. v. Charge or charges filed against the subject.

vi. Name of the supervisor contacted about the use of force.

d. An officer involved in a use of force incident must complete and submit a written report describing the event prior to concluding their tour of duty for the day.

e. If the officer is unable to make a report, the supervisor must submit the required reports within 24 hours.

f. Multiple officers who use their firearm for the sole purpose to compel compliance during a high risk traffic stop need only to report this event through one initial incident report listing all police officers who used the described compliance technique.

2. Shift/Unit Supervisor

a. When practical, supervisors who are notified of a use of force by an officer shall respond to the scene of the event. Supervisors shall always respond to the scene of a use of force event where a firearm or a CEW has been deployed. Supervisors shall also respond to a use of force event when an injury has been sustained by either the involved officer or subject. Upon arrival at the scene, the supervisor shall carefully note:

i. Statements made by the involved officer(s) and subject(s)

ii. The identity of any person(s) who witnessed the incident and their statements


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iii. Any reported or observed injuries

b. In the event the use of force resulted in injury to either the involved officer and/or subject, the supervisor shall make notifications to command staff personnel as outlined in Department Policy. The Office of Professional Standards shall be notified immediately for all use of force incidents resulting in serious bodily injury or death of an involved party.

c. Once an officer has completed and submitted a police report

involving a use of force, the shift supervisor shall review the report to determine if adequate information has been provided by the involved officer for approval. If the report is deficient, the supervisor shall assure the involved officer provides all necessary information to properly document the event.

d. After a supervisor has reviewed and approved a use of force

incident report, the supervisor shall complete a “Use of Force Report” utilizing the Department’s Records Management System I.A. Module.

3. Records Management System I.A. Module: “Use of Force”

a. The reviewing supervisor shall go to the IA Module of the Department’s Records Management System (RMS) and open the “Use of Force” sub-module. This sub-module contains four tabs titled: “Page 1”, “Subject”, “Supervisor Review”, and “Page 4”.

b. The supervisor shall place the case number of the use of force incident in the appropriate block then click “tab” on the keyboard. RMS will automatically open a pop-up window with detailed CFS information for the case number specified. The supervisor shall review the information carefully to insure use of force information is being associated with the correct incident. After the supervisor acknowledges the “Case Confirm” window, the RMS system will auto populate date, time and location fields on the Use of Force form. The supervisor shall tab through each field, providing incident specific information. Several dropdown and toggle menus are provided to assist supervisors with data collection (when selected, dropdown fields turn blue and toggle fields turn green).

c. Under the field entitled “Summary”, the supervisor shall enter one of two statements

i. The use of force applied in this incident complies with Department standard and policy, or

ii. The use of force applied in this incident does not comply with Department standard and policy


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d. Once the supervisor has provided all required information on “Page 1”, he/she shall move to the “Subject” tab and provide all appropriate information regarding the use of force incident. Begin by adding the subjects name to the form (the same Master Name rules apply as with other RMS modules). Again, several dropdown and toggle menus are provided to assist supervisors with data collection.

e. Once the supervisor has completed all required information on “Page 1 and the “Subject” tab, he/she shall notify the shift commander and division commander via e-mail of the report so command review can be completed.

C. Review Requirements

1. Shift Command Review

a. A shift commander notified via e-mail of a use of force by a member of his shift/unit shall review the police report completed by the involved officer, as well as, the use of force report completed by the supervisor. Both reports can be reviewed from the Use of Force record.

b. A shift commander is required to provide feedback on the use of

force incident under the “Supervisor Review” tab. The shift commander shall provide all appropriate information regarding the use of force incident. This page gives the shift commander the ability to critique the event and make recommendations.

c. The shift commander is also required to provide a “Recommended Classification” of the use of force. The classifications are categorized as follows:

i. Necessary and Justified – Force was appropriate for the incident at hand and met the standards and policy of the Department.

ii. Unnecessary/Unreasonable Force – Force that is used when not required in light of the circumstances or outside what a prudent law enforcement officer would use.

d. The shift commander shall enter his/her comments in the “Recommendation Reason” narrative field. When a use of force event meets Department policy, the shift commander need only report: “The use of force applied in this incident complies with Department standard and policy.” If the use of force does not comply with the Department standard and policy, the shift commander must provide an explanation regarding non-compliance of policy and a recommendation to remediate for corrective action.


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e. Any time the shift/unit commander is not in agreement with the Shift Supervisor’s critique, a brief explanation must be provided in the “Recommendation Reason” field.

f. The shift/unit commander performing the review must notify the

Division Commander of the use of force (providing the case number) via e-mail.

2. Division Command Review

a. Division Commanders notified of a use of force via e-mail shall review the use of force report completed by the shift supervisor using the Records Management System’s I.A. Module, “Use of Force” sub-module.

b. Division Commanders shall indicate their approval or disapproval

of the supervisor’s/shift commander’s review of the use of force and provide an explanation of their approval/disapproval. Approval of the report and information provided regarding the use of force incident can be documented with the statement: “Use of force was justified and complies with Department policy.” Any discrepancies in policy noted by the division commander shall be noted in the “Explanation” section.

3. Office of Professional Standards Review

a. The Office of Professional Standard shall produce a weekly report regarding all reported uses of force utilizing the Records Management System’s I.A. Module.

b. The Office of Professional Standards shall review each use of force report for compliance with Department policy.

c. Any deviation from policy noted in use of force reports shall be reviewed by the Office of Professional Standards and a recommendation shall be made regarding additional action. This action may involve:

i. Policy evaluation

ii. Training

iii. Counseling

iv. Punitive measures

4. Chief of Police Review

a. The Chief of Police may request a report regarding the Department’s use of force at anytime. This report shall be compiled by the Office of Professional Standards.


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b. As a matter of standard review, the Office of Professional Standards will provide a monthly use of force report to the Chief of Police.

D. Administrative Leave:

An officer directly involved in a lethal force incident which results in injury or death shall be placed on Administrative Leave upon completion of the preliminary investigation of the incident. This leave shall be without loss of pay or benefits, pending results of the investigation. The leave shall not be interpreted to imply or indicate the officer has acted improperly. Upon approval of the Chief of Police, the officer may be assigned to administrative duties. While on administrative leave the member shall be subject to recall to duty at any time. Such member must supply the Office of Professional Standards with a telephone number with which contact may be made 24 hours a day. Upon returning to duty, the officer may be assigned to administrative duties for a period of time deemed appropriate by the Chief of Police.

In all cases where lethal force is used by an officer, the involved officer will be required to undergo a consultation with the Department's psychologist. The purpose of this consultation is to allow the officer to express his or her feelings and to deal with any psychological after-effect of the incident. Upon the recommendation of the department psychologist, additional consultations may be scheduled for the involved officer through an independent psychological service. The independent psychological evaluations shall not be related to any investigation of the incident, and nothing discussed in the independent consultations shall be reported to the Department with the exception of admissions to and/or the intent to commit criminal acts or the threat of suicide.

E. Audit:

The Office of Professional Standards shall conduct a monthly audit of all reported excessive force complaints and all Use of Force Reports completed by employees of the Department. This audit shall be used by the Department to reveal patterns or trends that could dictate training needs, need for equipment upgrades, and/or policy modifications.

VIII. Force Training:

A. Training Requirement:

No officer will use any authorized weapon or device without having received prior training/certification in all areas relating to its use and having demonstrated required proficiency with each weapon or device as mandated by the Maryland Police and Correctional Training Commissions, the manufacturer of specific weapon systems, and the Department.


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B. Annual Training:

Sworn officers will receive annual training regarding the use of force policy, firearms training/qualification, and less-lethal weapons systems to include weaponless control techniques.

C. Training Documentation:

All training regarding use of force and related weapons systems will be documented by a qualified instructor and submitted to the Training Unit for retention and review by the department and the Maryland Police and Correctional Training Commissions.

D. Remedial Training:

All remedial training regarding use of force and related weapons systems conducted by the Department shall be under the direction of a qualified instructor and comply with the mandates set by the Maryland Police and Correctional Training Commissions.


Table of Contents: I. Purpose

II. Definitions

A. Delinquent Offender

B. Detained

C. Non-offender

D. Secured Custody

E. Status Offender

III. Policy

IV. Arrest

A. Constitutional Rights

B. Transportation

C. Parental Notification

D. Department of Juvenile Service Notification

E. Private and Public School Systems

F. Juveniles Charged as Adults

V. Custodial Interrogation

VI. Temporary Detention of Juveniles

A. Separation from Adult Offenders

B. Delinquent Offenders

Subject: Juvenile Arrest and Custody Matters

No. G.O. 600 J-1

Rescinds: COP 014-12 (Dated: 06/13/2012)

Amends: G.O. 600 J-1 (Dated 05/21/1990)

Related Directive: G.O. 400 L-1

Approval Date:

Effective Date:

Distribution Date:


References:

Subject: Juvenile Arrest and Custody Matters G.O. 600 J-1

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C. Status Offenders & Non-Offenders

D. Uncontrollable Juveniles

E. Truants

F. Runaways

G. Child in Need of Assistance

H. Uncooperative Parents

VII. Booking Procedure

VIII. Detention Limits IX. Reporting Requirements X. Juvenile Records XI. Appendices

A. Reportable Offenses

B. Criminal Charge Guidelines


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I. Purpose

The purpose of this Policy is to provide a uniform procedure for the treatment, care, custody, and control of juvenile contacts and complaints, as well as to direct police employees in the proper methods of processing and recording juvenile offender data in accordance with State and Federal law. To accomplish goals associated with addressing juvenile offenders, the judicial system, the police department, other agencies/services, the school system, and the juvenile’s family must work together in an effort to positively affect the behavior and outlook of the juvenile. Goals to accomplish this task include:

A. Correct wrongful behavior and positively impact the outlook of juveniles;

B. Support the family unity of juveniles;

C. Use the least coercive methods for juvenile offenders when possible;

D. Involve family members and other social service agencies in the process of

dealing with wrongful juvenile behavior;

E. Protect juveniles from current or future harm while maintaining public safety and order.

II. Definitions

A. Delinquent Offender: A juvenile who has been charged with an offense for

which an adult can also be charged.

B. Detained: Formally held pending release to the Department of Juvenile Services (D.J.S.), the Department of Social Services (D.S.S.), parent, relative, guardian, or other. Can be in an informal, non-secure room.

C. Non-offender: A juvenile who is not charged with an offense, usually a child in

need of supervision or assistance (C.I.N.S. or C.I.N.A.).

D. Secured Custody: Detention of an individual in locked cell/room or handcuffed to a stationary object.

E. Status Offender: A juvenile who has been accused or adjudicated for an offense

for which adults cannot be charged. Status offense include:

1. Runaway 2. Truancy

3. Incorrigible

4. Underage drinking

5. Curfew violations


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III. Policy

The judicial system takes a different approach with juveniles than with adult offenders. The judicial system seeks to correct wrongful behavior, to the extent possible, of juveniles rather than primarily punishing them. Police officers must first preserve public safety and the safety of the juvenile and, second, utilize available resources to positively intervene in the juvenile’s life to positively influence behavior. The basic philosophy of juvenile law is to protect children from abuse or neglect, to prevent delinquency, and to rehabilitate juveniles where possible. The Department will handle juvenile offenders in a manner consistent with Federal/State Law and approved juvenile custody practices.

IV. Arrest

Police officers are authorized to temporarily detain juveniles for investigative purposes, to issue citations or criminal charges, and to safeguard them. The laws of arrest that apply to adult offenders also apply to juveniles. Juveniles may also be taken into custody by an order of the Court, if they are in danger from their immediate surroundings, or if they run away from their parent or legal guardian. When a juvenile is arrested or otherwise taken into police custody, employees shall abide by the following requirements unless the juvenile is being charged as an adult.

A. Constitutional Rights

Juveniles are entitled to all constitutional rights afforded adults. Employees will fully respect juvenile’s constitutional rights.

B. Transportation Officers who arrest juveniles will ensure that the juveniles are transported to the Public Safety Building (P.S.B.) Arrest and Detention Section without delay (unless a juvenile is in need of emergency medical treatment). All precautions and procedures relating to prisoner transportation will be followed as outlined in G.O. 400 L-1.

C. Parental Notification The arresting officer will notify the parent or guardian of the juvenile of the fact that he or she has been taken into custody as soon as possible upon arrival at the police facility, and will provide directions to the police facility upon request. If the juvenile’s parent or guardian cannot be reached and a relative or other caretaker will not take custody, the D.J.S. will be notified by the arresting officer immediately. This pertains to delinquent offenders, non-offenders, and status offenders.

D. D.J.S. Notifications The arresting officer will notify the D.J.S. after first contacting; or attempting to contact, the juvenile’s parent or guardian. The arresting officer will provide D.J.S. the juvenile’s name, address, date-of-birth, telephone number, juvenile’s


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involvement (delinquent, status offender, non-offender, etc.) and the name and telephone number of the parent/guardian contacted/attempted to contact.

E. Public and Private School Systems In accordance with the Md. Code Ann. Education Article § 7-303(b), if a student is enrolled in any public or private school and is arrested for a reportable offense, the Superintendent of Schools and school principal must be notified of the arrest and charges. Reportable offenses are those offenses in Md. Code Ann. Criminal Law Article § 14-101 defined as "crimes of violence", as well as the criminal acts outlined in the Md. Code Ann. Courts and Judicial Proceedings Article (CJ § 3-804(e)(4)) and Md. Code Ann. Criminal Law Article § 4-101. (See Appendix I.) It is the responsibility of the Arrest and Detention Section supervisor to make said notification and to document the notification in the Jail Management System (J.M.S.).

F. Juveniles Charged as Adults Juveniles arrested for certain criminal offenses shall be charged on a statement of charges/statement of probable cause and shall be afforded an initial appearance in the Maryland District Court. In these limited incidents, a juvenile shall be processed as an adult offender and will not be afforded the provisions outlined in the remainder of this Policy. (See Appendix II)

V. Custodial Interrogation

A. Juveniles have the same rights as adults regarding statements and confessions,

including advisement of the juvenile’s Miranda right. Officers shall ensure that a juvenile understands these rights, as well as Department and juvenile justice system procedures. To ensure the juvenile’s understanding, Officers shall consider the juvenile’s age, experience, education, background, intelligence, and whether the juvenile has the capacity to understand the warnings given to him, the nature of his 5th Amendment rights and the consequences of waiving those rights. Juveniles, like adults, may waive Miranda and make a voluntary statement during a custodial interrogation.

B. The request by a juvenile to see a parent generally shall be honored by the

interrogating Officer(s), unless the circumstances dictate to the contrary. Officers should consider the inclusion of parent(s) in the interrogation process as dictated by the specific circumstances. The interrogating Officer(s) shall make a determination on the inclusion of the juvenile’s parent(s) during the interrogation as based upon the totality of the circumstances surrounding the interrogation and the factors listed in Subsection A above. Officers shall inform the juvenile that he/she has a right to speak to his/her parent(s), unless the circumstances dictate to the contrary.


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C. Juvenile interrogations/interviews will be conducted in the same general manner as adult interrogations/interviews, except that a juvenile’s interrogation/interview shall be conducted with a high regard to the juvenile’s interests. Consideration of the totality of the circumstances and the factors listed in Subsection A above shall be weighed by the interrogating Officer in determining the appropriate approach/manner of the interrogation. The duration of the interrogation will be limited as appropriate to the juvenile's age and the nature of the alleged offense, but will not exceed two hours without a break being offered. The number of officers engaged in the interrogation will not exceed two at any given time.

VI. Temporary Detention of Juveniles

Anytime a member of the department arrests or otherwise temporarily detains a juvenile, the following procedures will be followed: A. Separation from Adult Offenders

Federal and State law prohibits the placement of juveniles with adult offenders in any type of holding cell or room. When a juvenile is detained and transported to the P.S.B. for any reason, the juvenile will be separated by sight and sound from adult offenders. Contact of any nature between juvenile and adult offenders, either in the police vehicle or P.S.B., must not occur.

B. Delinquent Offenders

A juvenile charged with a criminal offense may be placed in a designated detention cell/room, but may not be held in any area where sight and sound separation from adult offenders cannot be maintained.

C. Status Offenders & Non-Offenders

Status offenders and non-offenders will not be placed in secure custody for any reason. Under no circumstances will the status offender be seated in the holding facility or booking area. Juveniles charged with alcohol abuse or tobacco violations are status offenders and may not be placed in secure custody. Status offenders may not be handcuffed or otherwise restrained, except to ensure the physical safety of the juvenile or a police employee. When such restraint becomes necessary, a written incident report is required prior to the end of the officer's tour of duty.

1. The juvenile should immediately be turned over to a parent, guardian, or

relative by the officer transporting the youth directly from the scene to one of these caretakers. The D.J.S. should be called immediately for placement if the officer is unsuccessful in attempts to locate a caretaker. The detaining officer will file a written police report containing all pertinent information including the name, date and time that a parent or guardian, and/or the Department of Juvenile Services/Social Services was notified.

2. While maintaining sight and sound separation from adult offenders, a

designated police employee may sit with a status offender or non-


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offender while waiting for a parent or the D.J.S. personnel to arrive and take custody of the youth.

D. Uncontrollable Juveniles

Incorrigible (uncontrollable) juveniles should not be taken into custody merely because the parents, guardians or school authorities want the police to handle the situation, WITH THE FOLLOWING EXCEPTIONS:

1. If the juvenile is in the process of or has committed a criminal act, the

officer will respond immediately and if necessary take the juvenile into custody, place the appropriate criminal charges, notify the parent/guardian of the juvenile’s act and notify D.J.S. for possible placement.

2. In cases involving incorrigible (uncontrollable) nonviolent juveniles, the

complainant will be referred to the D.J.S. and will be provided the proper phone number. In the event D.J.S. elects to place (shelter) the juvenile, D.J.S. should coordinate with the police if the Department’s assistance is needed for placement.

E. Truants

A juvenile will not be held at the P.S.B. if he/she is truant. The officer will contact the school principal and transport the child back to the appropriate school.

F. Runaways

Officers should strongly encourage a runaway to talk about the reason for /her behavior. Many times children run away from home because of physical or sexual abuse, neglect, or alcoholism in the family. Runaways may be taken into custody but must be treated as status offenders as outlined in Section VI, C.

G. Child in Need of Assistance/Supervision (C.I.N.A./C.I.N.S.)

In cases where a child has been left without adequate assistance and/or supervision, the officer will attempt to have a relative or guardian take custody. If the attempts to locate a relative or guardian fail, the officer will notify the Department of Social Services to place the child. A C.I.N.A./C.I.N.S. may be taken into custody for the sole purpose of placement and must be treated as a non-offender.

H. Uncooperative Parents

If the parents/guardians have been contacted but refuse to cooperate, they are to be advised that they may be charged under Md. Ann. Code Family Law Article § 1-219, with "Desertion of a Minor Child" because their child is now considered "neglected" (child in need of assistance). If this is the case, the arresting officer’s supervisor should contact the Department of Social Services for placement. The parents/guardian may be charged at a later time.


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VII. Booking Procedure

The Arrest and Detention personnel responsible for processing a juvenile criminal offender, status offender, or non-offender will document the following information on the J.M.S. entry:

A. Date and time of arrest;

B. Name and address of the juvenile;

C. Date of birth of the juvenile;

D. Charge/reason for detention;

E. Detention cell number or other information stating place of detainment;

F. Time placed in detention cell/room, to also include notations indicating each time

a juvenile is removed from a detention cell/room and returned to a detention cell/room;

G. The name of the arresting officer and booking officer;

H. Time of juvenile’s release;

I. Total time that the juvenile was held in a detention cell/room or otherwise

securely held;

J. Document any comments concerning the condition of the juvenile and/or instructions made by D.J.S., parent or guardian.

VIII. Detention Limits

Juvenile criminal offenders will not be held in secure custody in excess of six (6) hours. If the juvenile must be detained beyond six (6) hours for circumstances beyond the Department’s control (parent/guardian/or relative is delayed or if any issues arise with D.J.S.), the juvenile must be removed from secure custody at the six (6) hour mark. In this case, the juvenile will be placed in a non-secure room, will be monitored by Arrest and Detention Section personnel, and will be handcuffed during this time. If any deviation of the above occurs, the following procedures apply:

A. An Arrest and Detention Section supervisor must be notified;

B. The D.J.S. must be notified;

C. The Arrest and Detention Section supervisor shall complete a supplement report

detailing the reason(s) why the juvenile was held in secure custody in excess of six (6) hour time limit;

D. A copy of all written reports will be forwarded to the Support Services

Commander and the Office of Professional Standards for review; and


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E. The Arrest and Detention Section supervisor shall highlight the exception to the secure custody limitations on all J.M.S. and R.M.S. entries regarding the juvenile in question.

IX. Reporting Requirements

An Incident Report (I.R.) is required for all matters regarding police custody of a juvenile. In matters of criminal activity, the narrative of the I.R. shall serve as a statement of probable cause regarding the actions of the juvenile suspect for the D.J.S. review.

At the conclusion of the narrative, police officers shall include:

A. The specific crime(s) committed by the juvenile as outlined in the Maryland

District Court Commissioners Manual and/or the Md. Code Ann. Transportation Article;

B. The victim’s name, address, telephone number(s) (if a criminal offense);

C. The juvenile’s parent/guardian contacted to include address, telephone number(s) and the time notification was made; and

D. The date and time the D.J.S. was contacted to include the D.J.S. representative

contacted.

X. Juvenile Records

A. In accordance with the Annotated Code of Maryland, a police record (arrest and identification records) concerning a juvenile is confidential and will be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown. This does not prohibit access to and confidential use of the record by the D.J.S. or in the investigation and prosecution of the child by any law enforcement agency.

B. The Department’s Records Management Supervisor will establish written procedures for the collection, dissemination, and retention of fingerprints, photographs, and other forms of identification pertaining to juveniles. For the purpose of this Policy, "other forms of identification" include physical samples from the suspect (hair, blood, urine, nails, breath, or stomach contents) and handwriting samples.

C. All requests for juvenile records will be referred to the Department’s Records

Section. The Department’s Records Management Supervisor, serving as the custodian of records, is accountable for:

1. The collection, dissemination and retention of juvenile records;

2. Procedures to carry out court-ordered expungement of records;

3. Provisions governing disposition of records when juveniles reach adult

age, pursuant to state law; and


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4. Restricting access to records on a need-to-know basis.

D. Media inquiries for information regarding juveniles will be referred to the

Department’s Public Affairs Unit.

XI. Appendices

A. Appendix I: Reportable Offenses

B. Appendix II: Criminal Charge Guideline


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Appendix I Reportable offenses as outlined for notification purposes in Section IV-E

Abduction;

Kidnapping;

Manslaughter (except involuntary manslaughter);

Mayhem and maiming;

Murder;

Rape;

Child abuse in the first degree;

Robbery / robbery with a deadly weapon;

Carjacking or armed carjacking, attempted carjacking;

Sexual offense in the first, second, or third degree / attempted sexual offense in the first

or second degree;

Sexual abuse of a minor if the victim is under the age of 13 years and the offender is an

adult at the time of the offense; and the offense involved: (1) vaginal intercourse, (2)

sexual act, (3) an act in which a part of the offender's body penetrates, however slightly

into the victim's genital opening or anus; or (4) the intentional touching, not through the

clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual

arousal, gratification, or abuse;

Continuing course of conduct against a child (three or more acts of rape, second degree

rape, sexual offense in the first, second or third degree);

Use of a handgun in the commission of a felony or other crime of violence;

Sale, transfer, or disposal of a stolen regulated firearm;

Assault in the first degree;

Assault with intent to murder/rape/rob;

Assault with intent to commit a sexual offense in the first degree / second degree;

Using, wearing, carrying, or transporting a firearm during and in relation to a drug

trafficking crime;

Use of a firearm under § 5-622;

Possession of dangerous or deadly weapons;

Wearing, carrying or transporting a handgun;

Use of a handgun or antique firearm in the commission of a crime;


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Manufacturing, distributing, possessing with intent to distribute, or dispensing CDS;

Equipment to produce CDS;

Counterfeit substance to include counterfeit CDS or its container or labeling;

Keeping common nuisance;

False prescription;

Narcotic drug, schedule I or schedule II hallucinogenic substances;

Volume dealer, drug kingpin, importer of CDS;

Distributing fake CDS;

Possession or purchase of non-controlled substance where person believes to be CDS;

CDS near school;

Use of a minor under § 5-268 of the Criminal Law Article-hire, solicit, engage or use a

minor to manufacture, deliver, or distribute on behalf of a person CDS in sufficient

quantity to reasonably indicate under all the circumstances an intent to distribute the

CDS;

Manufacture / possession of a destructive device, a false statement concerning a

destructive device, or a representation of a destructive device;

Arson / malicious burning in the first or second degree;

Criminal gang activity / criminal gang activity in schools;

Third Degree sexual offenses;

Possession or use of a machine gun;

Illegal sales or possession of firearms;

Possession of a “sawed off” rifle or shotgun;

Violations involving assault weapons;

Using, wearing, carrying, or transporting of a firearm during and in relation to a drug

trafficking crime;

Wearing or carrying of any dirk knife, Bowie knife, switchblade knife, star knife,

sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of

any kind concealed upon or about the person or openly with the intent to unlawfully

injure another or who carries chemical mace, pepper mace, or tear gas device with the

intent to unlawfully injure;

Carrying or possession of a deadly weapon on school property; and

Wearing, carrying or transporting of a handgun at any time.


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Appendix II

Age Charge/Violation Charging document Report

Required

14 Y.O.A. or Older

1st Degree: - Murder - Rape - Sexual Offense

Dynamiting / Bombing Property (CR § 4-503)

Conspiracy or Attempt to Commit any of the above

As an adult – Statement of charges or Arrest Warrant

Yes

16 Y.O.A. or Older

Abduction

Kidnapping

2nd Degree - Murder - Rape - Sexual Offense

Manslaughter (Voluntary)

Armed Robbery

3rd Degree Sexual Offense (CR § 3-307)

Any handgun, rifle, shotgun, machine gun or assault weapon

violation specified in Criminal Law

Any firearm violation (while drug trafficking or by convicted felon)

specified in CR § 5-621 or CR § 5-622

Carjacking / Armed Carjacking (CR § 3-405)

1st Degree Assault (CR § 3-202)

Attempt Murder in the 2nd Degree

Attempt Rape or Sexual Offense

Attempt Robbery with a dangerous or deadly weapon

A child who previously has been convicted as an adult of a felony

and is subsequently alleged to have committed an act that would be a felony if committed by an adult

As an adult – Statement of charges or Arrest Warrant

Yes

AND ALL OTHER CHARGES ARISING OUT OF ANY OF THE ABOVE INCIDENTS.

16 or 17 Y.O.A..

* * Any incarcarable violation of the Transportation Article (located in TR § 27-101)

Juvenile Offender Referral

Yes

* * AND ALL OTHER CHARGES ARISING OUT OF ANY OF THE ABOVE INCIDENTS.


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Age Charge/Violation Charging document Report

Required

16 or 17 Y.O.A.

All Non-Jailable Violations of the Transportation Article

Maryland Uniform Complaint & Citation (Form #DR-49)

No

Under 16 Y.O.A.

All Violations of the Transportation Article

Juvenile Offender Referral

Yes

Under 18 Y.O.A.

All Civil Alcohol Violations Specified in Criminal Law, Title 10, Subtitle 1; or in the Education Article, § 26-103.

Uniform Juvenile Civil Citation for Alcohol and Tobacco Offenses (Form #DC 31)

No

Under 18 Y.O.A.

All Civil Tobacco Related Violations Specified in Criminal Law, § 10-107

Uniform Juvenile Civil Citation for Alcohol and Tobacco Offenses (Form #DC 31)

No


Table of Contents I. Purpose II. Definitions

A. Course and Scope of Employment

B. Disruptive Activity C. Distraction

D. Mobile Wireless Communication Device

E. Personal Use III. Policy IV. Prohibitions V. General Use of a Department Owned MWCD VI. Maintenance and Care of a Department MWCD VII. Use of Personally Owned MWCD for Work Related Duties VIII. Wearing of MWCD

Subject: Mobile Wireless Communication Device Use

No. G.O. 800 I-2

Rescinds:

Amends: G.O. 800 I-1 (Dated 03/01/2005)

Related Directive:

Approval Date:

Effective Date:

Distribution Date:


References: I.A.C.P. Policy Center Town of Ocean City Policy & Procedure Manual: PPM 300 – 11 Maryland Vehicle Law

Subject: Mobile Communication Device Use G.O. 800 I-2

2

I. Purpose:

Maryland Vehicle Law §21-1124.2 entitled Communications Traffic Safety Act allows for law enforcement personnel to utilize handheld telephones while driving as long as the use is within the scope of official duties. The Department has elected to further the restriction to “emergency circumstances” associated with official duties. The purpose of this policy is to provide guidelines to employees pertaining to the use of handheld cellular telecommunication devices as well as similar mobile wireless communication devices (MWCD). This policy does not cover the use of mobile communication terminals (MCTs) or In-car Audio an Image Recording (ICAR).

II. Definitions:

A. Course and Scope of Employment: Employee work or actions, whether

performed on or off-duty, to further the department’s law enforcement responsibilities and goals as authorized by law; statute; or departmental policies, procedures, and/or rules.

B. Disruptive Activity: MWCD operation that would interfere with the conduct of official business, meetings, training sessions, court, or public places when use would reasonably be deemed an annoyance and/or intrusive.

C. Distraction: Any time the use of a MWCD would unnecessarily or

unreasonably divert, hinder, or delay the attention of employees from official duties and/or cause a potentially hazardous situation.

D. Mobile Wireless Communication Device (MWCD): Cellular telephones,

personal digital assistants (PDAs), and any such device designed to record, transmit, and/or receive voice communications, text messages, e-mail, sound, video, photographic images, or digital communication information.

E. Personal Use: Use of a MWCD, in any manner, that is unrelated to an officer’s

employment. III. Policy:

The Department uses MWCDs in the course of police operations to enhance communication. MWCDs may be used by employees to conduct official business when the use of radio communication is inappropriate, unavailable, or inadequate to meet communication needs and when the device is used in accordance with this policy. Information or data (text, voice, or image recordings) made on duty or off-duty and stored/saved in personal or departmental MWCDs related to the course and scope of employment is the property of the Department and is governed by evidentiary policies, potential Brady disclosure requirements, and any public records retention and disclosure laws of this State. This information may not be shared with third parties within the department or elsewhere, unless one has a need or a right to such information in order to further an investigation or conduct other official departmental business. Audio recordings of conversations may be subject to federal and state wiretapping laws.


3

IV. Prohibitions: A. A MWCD should not be used if the usage would be classified as a disruptive

activity or a distraction of others.

B. Excessive personal use or similar use which interferes with the performance of duty.

C. Employees shall not erase or attempt to delete, remove or alter any image,

video, or audio file related to department business from an MWCD unless authorized to do so by the Department.

D. Employees shall not keep personal copies of any image, video, or audio file related to Department business.

F. Employees shall not use MWCDs to share messages or visual or audio

recordings with social or other print or electronic media, when such communications could reasonably be considered positions of the Department, could undermine Department integrity, bring disrepute to the Department or its employees, or violate any other departmental policy.

V. General Use of Department Owned MWCD:

A. MWCDs are authorized to conduct official police business while employees are

on-duty. Exceptions may be made for family situations or personal matters that require attention and where alternative forms of communication are not suitable or easily available.

B. MWCDs may be used in an off-duty capacity for departmental and personal use.

Personal use should be held to a minimum.

C. MWCDs are an augmentation to the Department’s communication system, not a substitute for radio communication designated for transmission through the Town of Ocean City’s Department of Emergency Services/ Communications Division. Approved MWCD usage includes but is not limited to the following types of communications:

1. The conveyance of sensitive or restricted information 2. Lengthy communication with supervisors or headquarters personnel 3. Undercover operations 4. Communications beyond normal radio range

5. Incidents in which direct contact with an employee and the public is critical


4

6. Incidents in which use of a hard line telephone would be appropriate but where one is not available.

D. Employees may not provide the MWCD number of any Department employee to

a member of the public without the device user’s authorization.

E. Employees may utilize a MWCD for police report writing purposes in compliance with General Order 700 T-1. The MWCD may be used to contact the victim or complainant to arrange a meeting time and place, but not to expedite service.

F. Employees may only utilize MWCD equipped with hands free accessories while operating vehicles. Under emergency circumstances and when no other means of communication are available or suitable, employees may utilize a MWCD not equipped with hands free accessories until the emergency has been resolved.

G. Employees assigned a Department owned MWCD are responsible for managing the usage of the device within the predetermined device plan set month by month. Any and all overages to a device plan as a result of non-work related telephone calls become the financial responsibility of the individual assigned the plan. Employee’s billed with monthly overages shall submit the overage amount to the Support Services Division - Fiscal Affairs within fifteen (15) days of

notification. VI. Maintenance and Care of a Department Owned MWCD:

A. Employees assigned a Department-owned MWCD are responsible for the day to day care and maintenance of the device.

B. Employees who damage or lose their MWCD shall report the circumstances to

their Division Commander within twenty-four (24) hours of the damage or loss.

C. Requests for replacement of, or repairs to, a MWCD shall be coordinated through the employee’s Division Commander or designee. No employee shall directly contact the Town of Ocean City’s designated MWCD representative for replacement of or repairs to devices or extensions/modifications to device services.

VII. Use of Personally Owned MWCDs for Work Related Duties

A. Employees who wish to use personally owned MWCDs while on duty or for work

related purposes must provide the MWCD numbers to their immediate supervisor and the Training and Recruiting Section for publication in the confidential departmental directory/ database.

B. Use of personal MWCD either in voice or text transmission while on duty should

be restricted to essential communications and should be limited in length. C. Use of MWCD is governed by the same safety restrictions provided for

Department owned MWCDs as outlined in Section V, Subsection F of this Policy.


5

D. The use of personal MWCDs in audio or image/video recording modes, where authorized by the Department, may be used to preserve perishable evidence when better options are not reasonably available. Officers shall make their supervisor aware of any recorded information that is obtained during the course and scope of the officer’s employment or that may be reasonably considered germane to an investigation or other departmental business.

VIII. Wearing of MWCD:

Employees may wear a MWCD on the exterior of their uniforms as long as it is

affixed securely to his/her belt or transported unexposed in jackets or pant pockets.


4. NEW BUSINESS

E. Request to Approve Revised 2014 Mayor and Council

Meeting Schedule presented by City Manager

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: 2014 Mayor and Council Meeting Schedule DATE: October 22, 2013 ISSUE(S): Revised Mayor and City Council 2014 meeting dates SUMMARY: According to the Charter of the Town of Ocean City, Section

C-404, it is required that the Mayor and Council meet at regular times, but no less than once a month. This calendar proposes 46 meeting dates. Regular meetings are set on the first and third Monday of each month at 6:00 p.m. If the Monday meeting falls on a scheduled municipal holiday, the meeting is moved to the following day. Work sessions are scheduled on the Tuesday prior to the regular meeting with a closed session at noon and an open session beginning at 1:00 p.m. Changes to this revised calendar: Removed June 10 work session (MML Conference) Added June 24 work session Removed July 1 work session Added November 12 work session

FISCAL IMPACT: Not applicable RECOMMENDATION: Approve schedule as presented ALTERNATIVES: Refer to Mayor and Council RESPONSIBLE STAFF: David Recor, City Manager COORDINATED WITH: Council President Lloyd Martin

Diana Chavis, Executive Office Associate ATTACHMENT(S): 1) 2014 proposed schedule

2) 2014 calendar 3) Charter §C-404

Agenda Item # 4E

Council Meeting October 29, 2013

C:\Users\dchavis\Desktop\2014 Mayor and City Council Meeting Schedule.doc

MAYORANDCITYCOUNCILREGULARMEETINGS2014

TheMayorandCityCouncilmeetfortheirRegularSessiononthe1stand3rdMondayofeverymonth.IfMondayisaholiday,themeetingisheldthefollowingday.Allmeetingsbeginat6:00p.m.

January6 July7Tuesday,January21 July21February3 August4Tuesday,February18 August18March3 Tuesday,September2March17 September15April7 October6April21 October20May5 November3May19 November17June2 December1June16 December15

MAYORANDCITYCOUNCILWORKSESSIONS2014

WorkSessionsareheldtheTuesdaypriortoaRegularMondaynightmeeting.Allmeetingsareheldat12:00p.m.onTuesdayafternoonunlessotherwisenoted.

January14 July15January28 July29February11 August12February25 August26March11 September9April1 September30April15 October14April29 October28May13 Wednesday,November12May27 November25June24 December9

Holiday Regular Meeting Work Session

Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1

5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8

12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15

19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22

26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29

30 31

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6 7 8 9 10 11 12 4 5 6 7 8 9 10 1 2 3 4 5 6 7

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27 28 29 30 25 26 27 28 29 30 31 22 23 24 25 26 27 28

29 30

Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 3 4 5 6

6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13

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20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27

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Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 6

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MML Convention June 8-11

Election Day November 4

Organizational Meeting November 6

June

January February March

2014 CalendarMayor and City Council Meetings

April May

September

October November December

AugustJuly

§ C-404. Meetings of Mayor and Council. (176A)

The newly elected Mayor, together with the newly elected Councilmen and the incumbent Councilmen shall meet at 7:30 p.m. on the Thursday in November immediately following the election, for the purpose of organization. At said organizational meeting, the Councilmen shall elect one (1) of their members as President, who shall serve at the pleasure of the Council and shall preside at meetings of the Mayor and City Council. The Mayor and Council shall appoint one (1) member of the Council to serve as Secretary. After such organizational meeting, the Council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. Special meetings shall be called by the Clerk-Treasurer upon the request of the Mayor, Council President or a majority of the members of the Council. Except for those meetings permitted to be closed under state law, all meetings of the Mayor and Council shall be open to the public, and the rules of the Council shall provide that residents of the town shall have a reasonable opportunity to be heard at any meeting in regard to any municipal question. All appointments to city boards, commissions and committees, and the confirmation vote thereon, shall be made at open public meetings.

(Res. of 2-21-1972; Res. No. 1976-11, 1-5-1976; Res. No. 1981-10, 12-21-1981; Res. No. 1982-6, 4-5-1982; Res. No. 1987-2, 6-15-1987; Res. No. 1990-2, 9-3-1990; Ord. No. 2012-2, 7-10-2012)

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october 29 2013 complete agenda.pdf

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