Nixa Police Department P.O. Box W. Center Circle Nixa, Missouri 65714

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1 P.O. Box W. Center Circle Nixa, Missouri Emergency: 911 Office: Fax: To: Cindy Robbins, City Council, Mayor Steele From: Jimmy Liles Date: 10/30/17 Subject: Police Department Policies We are currently reviewing and updating our department policies. This includes rewriting our current policies as well as adding additional ones that need to be in place. The original plan was to bring the entire policy manual before council, but due to the large number of policies that need to be reviewed and approved by Council, and the need to have some policies in place quickly, I will be periodically bringing policies before Council as they are written and approved by legal counsel. I have included several policies for your review so they can be discussed at the next council meeting. I will then bring them back on the following council meeting for approval. Thanks, Jimmy

2 Policy 100 Law Enforcement Authority PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority PEACE OFFICER POWERS Commissioned members of this department shall be considered peace officers and possess a valid peace officer license pursuant to , RSMo. A license is not required for licensed members who have continually held a commission as a: Full time peace officer since December 31, Reserve officer since August 15, A license may not be required under the exception provided pursuant to , RSMo. The authority of a peace officer and the scope of that authority extends to any place in the State of Missouri for which his/her license is valid, and assigns the scope of his/her duty to preserving the peace within the jurisdiction in accordance with statutory limits and through all lawful means. A peace officer shall perform those duties necessary as part of the regular and permanent performance of the public power, trust or duty, including those functions that may involve the use of force and the arrest or detention of a person ARREST AUTHORITY OUTSIDE OF THE JURISDICTION OF THE NIXA POLICE DEPARTMENT The authority of a peace officer extends to any place in the State of Missouri, as follows: (d) An officer of a county of the first classification is granted arrest authority pursuant to , RSMo. The officer is in fresh pursuit of a suspect pursuant to , RSMo. The officer sees a person using or threatening physical force involving a risk of death or physical injury to another person or is committing a dangerous felony ( , RSMo). Outside the boundaries of the City when ( , RSMo): 1. Such authority has been authorized by the governing body of the City and by the governing body of the political subdivision in which an emergency situation is occurring and by the board of police from which the officer derives his/her authority. 2. The officer has a reasonable belief that an emergency situation involving a crime is about to be committed, is being committed or has been committed. ***DRAFT*** Law Enforcement Authority - 1 Published with permission by

3 Law Enforcement Authority (e) 3. The emergency situation involves injury or threat of injury to any person, property or government interest. 4. The officer s response is reasonably necessary to prevent, end or mitigate the emergency situation. Sheriffs and deputies responding to another county for assistance requested by that county's sheriff ( , RSMo). An officer making an arrest under this subsection should, as soon as practicable after making the arrest, notify the agency having jurisdiction where the arrest was made ARREST AUTHORITY WITHIN THE JURISDICTION OF THE NIXA POLICE DEPARTMENT The arrest authority of officers within the jurisdiction of the includes: In compliance with an arrest warrant. Without a warrant pursuant to the power of arrest granted by , RSMo GRANTING AUTHORITY TO OTHERS Officers may summon the aid of other persons when making an arrest or when attempting to secure an offender who has escaped from custody ( , RSMo) INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: As applicable under interstate compacts and memorandums of understanding in compliance with the laws of each state. When an officer enters Arkansas, Iowa, Nebraska, Oklahoma or Tennessee in fresh pursuit of a felony subject or a fugitive from justice (Arkansas Code ; Iowa Code 806.1; Nebraska Revised Statutes ; 22 O.S. 221 ; T.C.A ). When an officer enters Illinois or Kansas in fresh pursuit of a subject who committed any offense (725 ILCS 5/107-4; K.S.A ). Whenever an officer makes an arrest in another state, the officer shall take the offender to a magistrate or appropriate judicial officer in the county where the arrest occurred as soon as practicable (Arkansas Code ; 725 ILCS 5/107-4; Iowa Code 806.2; K.S.A ; Nebraska Revised Statutes ; 22 O.S. 222; T.C.A ) CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person s clearly established rights under the United States and Missouri constitutions. ***DRAFT*** Law Enforcement Authority - 2 Published with permission by

4 Law Enforcement Authority POLICY It is the policy of the to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate abuse of law enforcement authority. ***DRAFT*** Law Enforcement Authority - 3 Published with permission by

5 Policy 101 Oath of Office PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members POLICY It is the policy of the that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions (Mo. Const. art. VII, 11). In addition, all members shall acknowledge the department s code of ethics and their responsibility to adhere to it MAINTENANCE OF RECORDS The oath of office shall be filed in accordance with the established records retention schedule. ***DRAFT*** Oath of Office - 1 Published with permission by

6 Policy 102 Policy Manual PURPOSE AND SCOPE The manual of the is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The reserves the right to revise any policy content, in whole or in part AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 17 years of age or older, except a 17 year old alleged to have committed a status offense ( , RSMo). CFR - Code of Federal Regulations ***DRAFT*** Policy Manual - 1 Published with permission by

7 Policy Manual Child/juvenile - Any person under 17 years of age and any person under 18 years of age alleged to have committed a status offense ( , RSMo). City - The City of Nixa. Civilian - Employees and volunteers who are not licensed peace officers. Commission - When not obviously referring to the Missouri Peace Officer Standards and Training (POST) Commission, means a grant of authority to act as a peace officer ( , RSMo). CSR - Missouri Code of State Regulations. DHSS - Department of Health and Senior Services. Department/NPD - The. DPS - The Missouri Department of Public Safety. Employee/personnel - Any person employed by the Department. Law enforcement officer - Any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States ( , RSMo). Manual - The Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the, including: Full- and part-time employees Licensed peace officers Reserve, auxiliary officers Civilian employees Volunteers. MSHP - Missouri State Highway Patrol. MULES - Missouri Uniform Law Enforcement System. Officer - Those employees, regardless of rank, who are licensed peace officers of the Nixa Police Department. On-duty - A member s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Peace officer - A law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute ( , RSMo; , RSMo). The term includes licensed full-time and reserve peace officers who perform the duties of a peace officer. ***DRAFT*** Policy Manual - 2 Published with permission by

8 Policy Manual Rank - The title of the classification held by an officer. RSMo - Missouri Revised Statutes. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member s off-duty supervisor or an on-call supervisor. USC - United States Code ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that members under his/her command are aware of any Policy Manual revision. ***DRAFT*** Policy Manual - 3 Published with permission by

9 Policy Manual All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate. ***DRAFT*** Policy Manual - 4 Published with permission by

10 Policy 200 Organizational Structure and Responsibility PURPOSE AND SCOPE The organizational structure of the Department is designed to create an efficient means to accomplish the mission and goals and to provide for the best possible service to the public DIVISIONS The Chief of Police is responsible for administering and managing the. There are Three divisions in the Police Department: Administration Division Operations Division Support Division ADMINISTRATION DIVISION The Administration Division is commanded by the Administrative Assistant, whose primary responsibility is to provide general management, direction and control for the Administration Division, The Administration Division consists of Police Clerks and Evidence Clerks OPERATIONS DIVISION The Operations Division is commanded by the assigned Commander, whose primary responsibility is to provide general management, direction and control for the Operations Division. The Operations Division consists of Uniformed Patrol,Special Operations, which includes Traffic, and Animal Control SUPPORT DIVISION The Support Division is commanded by the assigned Commander, whose primary responsibility is to provide general management, direction and control for the Support Division. The Support Division consists of the Criminal Investigationsand Forensic Services COMMAND PROTOCOL SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department.Unless otherwise designated by the Chief of Police, command precedence shall be by order of rank and time on in position UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given ***DRAFT*** Organizational Structure and Responsibility - 1 Published with permission by

11 Organizational Structure and Responsibility assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., Canine, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists ORDERS Members shall respond to and make a good faith and reasonable effort to comply with lawful orders of superior officers and other proper authority UNLAWFUL AND CONFLICTING ORDERS No member is required to obey any order that outwardly appears to be in direct conflict with any federal law, state law or local ordinance. Following an unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or confer with a higher authority. Responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive, shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict are not held accountable for disobedience of the lawful order or directive that was initially issued. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. ***DRAFT*** Organizational Structure and Responsibility - 2 Published with permission by

12 Policy 201 General Orders PURPOSE AND SCOPE General Orders establish interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure, in accordance with the current employment agreement. General Orders will immediately modify or change and supersede sections of this manual to which they pertain GENERAL ORDERS PROTOCOL General Orders will be incorporated into the manual, as required, upon City Council approval. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing General Orders have now been incorporated in the updated Policy Manual as of the revision date shown. Any General Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 01. For example, signifies the first General Order for the year Temporary General Orders that become inoperative with the passing of the incident or period for which they are written, and are not intended for nor will be included in the manual, should be tracked and acknowledged similar to policy revisions RESPONSIBILITIES STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a General Order CHIEF OF POLICE The Chief of Police or the authorized designee shall issue all General Orders ACCEPTANCE OF GENERAL ORDERS All employees are required to read and obtain necessary clarification of all General Orders. All employees are required to acknowledge in writing the receipt and review of any new General Order. Signed acknowledgement forms and/or receipts showing an employee s acknowledgement will be maintained by the Training Officer. ***DRAFT*** General Orders - 1 Published with permission by

13 Policy 202 Emergency Operations Plan PURPOSE AND SCOPE The City has prepared an Emergency Operations Plan for use by all employees in the event of a major disaster, civil disturbance, mass arrest or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated. The City Emergency Operations Plan complies with the State of Missouri Emergency Operations Plan ( , RSMo). This plan provides guidance for City emergency operations within its borders and outside its borders as may be required ACTIVATING THE EMERGENCY OPERATIONS PLAN The Emergency Operations Plan can be activated in a number of ways. For the Police Department, the Chief of Police or the highest ranking official on duty may activate the Emergency Operations Plan in response to a major emergency. Upon activation of the plan, the Chief of Police or the authorized designee should contact the Missouri State Emergency Management Agency (SEMA) to assist with mutual aid response from local, state and federal law enforcement agencies to provide requested resources to this department RECALL OF PERSONNEL In the event that the Emergency Operations Plan is activated, all employees of the Nixa Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline LOCATION OF THE EMERGENCY OPERATIONS PLAN Copies of the City Emergency Operations Plan will be made available to all personnel. All supervisors should familiarize themselves with the Emergency Operations Plan and the roles personnel will play when the plan is implemented. The State of Missouri Emergency Operations Plan and additional regional information can be found on the SEMA website at PLAN REVIEW The Chief of Police or the authorized designee shall review the Emergency Operations Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS), and appropriately address any needed revisions. ***DRAFT*** Emergency Operations Plan - 1 Published with permission by

14 Policy 203 Training PURPOSE AND SCOPE It is the policy of this department to administer a training program that will meet the standards of federal, state, local and Missouri Peace Officer Standards and Training (POST) Commission training requirements. It is a priority of this department to provide continuing education and training for the professional growth and progressive development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the public PHILOSOPHY The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels and legal mandates. Whenever reasonably possible, the Department will use courses certified by the Missouri POST Commission or other regulatory or nationally recognized entities OBJECTIVES The objectives of the training program are to: (d) Enhance the level of law enforcement service to the public. Increase the technical expertise and overall effectiveness of department personnel. Provide for continued professional development of department personnel. Assist in compliance with statutory requirements TRAINING PLAN It is the responsibility of the Training Officer to develop, review, update and maintain a training plan and to ensure that mandated basic, in-service and department-required training is completed by all employees. The plan shall include a systematic and detailed method for recording and logging of all training for all personnel. While updates and revisions may be made to any portion of the training plan at any time it is deemed necessary, the Training Officer shall review the entire training plan on an annual basis. The plan will include information on curriculum, training material, training facilities, course and student scheduling. The plan will address the state-required, minimummandated training of licensed officers or hiring of civilian employees. Training listed may be provided in basic training programs. The Training Officer is responsible for ensuring members of the Department have been trained as required MANDATED TRAINING Federally mandated training: ***DRAFT*** Training - 1 Published with permission by

15 Training 1. National Incident Management System (NIMS) training (once depending upon position and rank). State-mandated training: 1. Licensed members of the Department must successfully complete basic preparatory training before being granted licensed status and performing the duties of a peace officer ( , RSMo). The basic training requirement may be waived if the employee is eligible for commission by meeting training and licensure standards within the parameters, extensions and exceptions set by POST ( , RSMo; (6), RSMo). Licensed members of the Department shall complete no less than 48 hours of annual continuing education training as prescribed by POST ( , RSMo). Officers who make traffic stops shall complete training concerning racial profiling as required by Missouri law DEPARTMENT TRAINING CATAGORIES Training catagories include, but are not limited to the following: (d) (e) (f) (g) (h) (i) (j) Emergency Operations Plan CPR/first-aid refresher Vehicle operations Firearms training Defense tactics CED, impact weapon, chemical weapon or other control devices All use of force policies Search, seizure and arrest Use of body armor Ethics TRAINING NEEDS ASSESSMENT The Training Unit will conduct an annual training needs assessment and complete a report of the training needs, including recommendations from the Training Committee. The training needs assessment report will be provided to the Chief of Police and staff. Upon review and approval by the Chief of Police, the needs assessment will form the basis for the training plan for the following fiscal year. ***DRAFT*** Training - 2 Published with permission by

16 Training TRAINING PROCEDURES All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1. Court appearances 2. First choice vacation 3. Sick leave 4. Physical limitations preventing the employee s participation 5. Emergency situations When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. The employee will also notify the instructor or training facility of his/her absence, as necessary. 2. Make arrangements through his/her supervisor and the Training Officer to attend the required training on an alternate date DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that provides training on the Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Officer. Personnel assigned to participate in DTBs shall only use login credentials assigned to them by the Training Officer. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department. Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment, unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy. ***DRAFT*** Training - 3 Published with permission by

17 Training TRAINING RECORDS The Training Officer is responsible to manage and distribute training records in compliance with the Personnel Files Policy FIELD TRAINING PROGRAM The Chief of Police or his Designee shall establish a field training program for recruit peace officers that is of sufficient duration to provide for the adequate orientation and training of the new peace officer in the lawful operations of the Department. The program shall establish procedures for the selection, appointment and training of Field Training Officers (FTO) and supervisors, the daily evaluation of recruits participating in the program and the rotation of FTO personnel to provide for the objective evaluation of recruit performance. ***DRAFT*** Training - 4 Published with permission by

18 Policy 204 Administrative Communications PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies MEMORANDUMSS Memorandumss may be issued periodically by the Chief of Police or the authorized designee to announce and document all promotions, transfers, hiring of new personnel, separations, individual and group awards and commendations or other changes in status CORRESPONDENCE To ensure that the letterhead and name of the Department are not misused, all official external correspondence shall be on department letterhead. Official correspondence and use of letterhead requires approval of a supervisor. Department letterhead may not be used for personal purposes SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or the authorized designee OTHER COMMUNICATIONS General Orders and other communications necessary to ensure the effective operation of the Department shall be issued by the Chief of Police or the authorized designee. ***DRAFT*** Administrative Communications - 1 Published with permission by

19 Policy 205 Retiree Concealed Firearms PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance, denial, suspension or revocation of identification cards under the Law Enforcement Officers' Safety Act (LEOSA) and Missouri law 18 USC 926C; , RSMo) DEFINITIONS A qualified retired peace officer means an individual who ( , RSMo): (d) (e) (f) (g) (h) (i) Retired in good standing from service as an officer, other than for reasons of mental instability. Before retirement was authorized by law to engage in or supervise law enforcement activities for any violation of law and had statutory powers of arrest. Before retirement was regularly employed as a peace officer for an aggregate of at least 15 years or more, or Retired from service with a service-related disability after completion of probation. Has a non-forfeitable right to benefits under the retirement plan of the Department. During the most recent 12-month period has met the state standard for training and qualification to carry firearms. Is not under the influence of alcohol or other intoxicating or hallucinatory drugs or substances. Is not prohibited by any state or federal law from receiving or possessing a firearm or under a current court order. Has in possession photographic identification from this department. A former peace officer is not "in good standing" if he/she was discharged for cause or resigned prior to the final disposition of allegations of misconduct POLICY It is the policy of the to provide identification cards to qualified former officers as provided in this policy LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (18 USC 926C): Separated from service in good standing from this department as an officer. Before such separation, had regular employment as an officer for an aggregate of 10 years or more or, if employed as an officer for less than 10 years, separated ***DRAFT*** Retiree Concealed Firearms - 1 Published with permission by

20 Retiree Concealed Firearms (d) (e) from service after completing any applicable probationary period due to a serviceconnected disability as determined by this department. Has not been disqualified for reasons related to mental health. Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. Is not prohibited by federal law from receiving or possessing a firearm LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer. If the qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Department to meet the active duty standards for qualification to carry a firearm AUTHORIZATION When permitted by 18 U.S.C. 926C, any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm when complying with the terms of said section FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Chief of Police of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions Policy RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department. Remain subject to all applicable department policies and federal, state and local laws. Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm DENIAL, SUSPENSION OR REVOCATION A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Department. In the event that an identification card is denied, suspended or ***DRAFT*** Retiree Concealed Firearms - 2 Published with permission by

21 Retiree Concealed Firearms revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final FIREARM QUALIFICATIONS The Rangemaster may provide or former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used. The course standards shall meet any relevant standards that may be established by the Department of Public Safety ( , RSMo). ***DRAFT*** Retiree Concealed Firearms - 3 Published with permission by

22 Policy 300 Use of Force PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner ( , RSMo) DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably ***DRAFT*** Use of Force - 1 Published with permission by

23 Use of Force appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force USE OF FORCE TO EFFECT AN ARREST An officer may use reasonable force when the officer reasonably believes such force is immediately necessary to effect an arrest or to prevent an escape from custody ( , RSMo) FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (d) (e) (f) (g) (h) (i) (j) Immediacy and severity of the threat to officers or others. The conduct of the individual being confronted, as reasonably perceived by the officer at the time. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). The effects of drugs or alcohol. Subject s mental state or capacity. Proximity of weapons or dangerous improvised devices. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. The availability of other options and their possible effectiveness. Seriousness of the suspected offense or reason for contact with the individual. Training and experience of the officer. ***DRAFT*** Use of Force - 2 Published with permission by

24 Use of Force (k) (l) (m) (n) (o) (p) (q) Potential for injury to officers, suspects and others. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. The risk and reasonably foreseeable consequences of escape. The apparent need for immediate control of the subject or a prompt resolution of the situation. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. Prior contacts with the subject or awareness of any propensity for violence. Any other exigent circumstances PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved and adopted training. Officers utilizing any pain compliance technique should consider: The degree to which the application of the technique may be controlled given the level of resistance. Whether the person can comply with the direction or orders of the officer. Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Nixa Police Department for this specific purpose DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony ***DRAFT*** Use of Force - 3 Published with permission by

25 Use of Force involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law NOTIFICATIONS TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (d) (e) The application caused a visible injury. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. The individual subjected to the force complained of injury or continuing pain. The individual indicates intent to pursue litigation. Any application of the Conductive Electrical Weapon or control device. ***DRAFT*** Use of Force - 4 Published with permission by

26 Use of Force (f) (g) (h) (i) Any application of a restraint device other than handcuffs, shackles or belly chains. The individual subjected to the force was rendered unconscious. An individual was struck or kicked. An individual alleges any of the above has occurred MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer s initial assessment of the nature and extent of the subject s injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called excited delirium ), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. Ensure that any injured parties are examined and treated. Review and approve all related reports. ***DRAFT*** Use of Force - 5 Published with permission by

27 Use of Force (d) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit SHIFT SUPERVISOR RESPONSIBILITY The Shift Supervisor shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding USE OF FORCE ANALYSIS At least annually, the Operations Division Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include: (d) The identification of any trends in the use of force by members. Training needs recommendations. Equipment needs recommendations. Policy revision recommendations. ***DRAFT*** Use of Force - 6 Published with permission by