FRAMINGHAM AUXILIARY POLICE BY-LAWS, REGULATIONS AND PROCEDURES MANUAL

Transcription

1 FRAMINGHAM AUXILIARY POLICE BY-LAWS, REGULATIONS AND PROCEDURES MANUAL APPROVED BY: THE BY-LAWS COMMITTEE CAPT. MARC R. SPIGEL COMMANDING OFFICER FRAMINGHAM AUXILIARY POLICE FRAMINGHAM POLICE DEPARTMENT LT. VINCENT ALFANO ADVISOR FRAMINGHAM POLICE DEPARTMENT LT. ALAN WALIS EXECUTIVE LIEUTENANT FRAMINGHAM AUXILIARY POLICE EFFECTIVE DATE: JUNE 2005 FAP Policy Page 1 of 55 Effective 06-05

2 FRAMINGHAM AUXILIARY POLICE BY-LAWS, REGULATIONS AND PROCEDURES MANUAL TABLE OF CONTENTS Section Description FPD Policy /Page Number FPD AUXILIARY POLICE POLICY #50-16 / 3 00 INTRODUCTION BY-LAWS GENERAL REGULATIONS CONDUCT REGULATIONS PATROL PROCEDURES USE OF FORCE REGULATIONS UNIFORM REGULATIONS RETIRED FPD OFFICER PROGRAM 32 APPENDIX A USE OF FORCE POLICY #100-4 / 34 B OC SPRAY # / 45 C ASP BATON POLICY # / 50 FAP Policy Page 2 of 55 Effective 06-05

3 Town of Framingham Police Department Policy on Auxiliary Police #50-16 Issue date: 01/19/2005 Type of policy: New ( X ) Amendment ( ) Re-Issue ( ) Effective date: 01/19/2005 Level: Public Safety ( ) Police Division ( X ) Town Wide ( ) Policy Statement The Framingham Auxiliary Police (FAP) unit was established in 1942 in order to assist the Framingham Police Department and Civil Defense Agency during World War II. The FAP is comprised of trained volunteers who give of themselves to make Framingham a better place to live and work. Membership in the FAP requires a firm commitment to carry out assignments in a competent, timely, and professional manner. It is the policy of the Framingham Police Department to provide guidance to members of the Framingham Auxiliary Police through various policies, procedures, and regulations, which have been established to direct members in the performance of their duties and responsibilities. The purpose of the FAP is to be prepared to assist the FPD in the event of a civil or natural disaster, or in the event that additional personnel are needed by the FPD to carry out their assigned duties. The FAP is a part of the Framingham Emergency Management Agency and is organized under the Massachusetts Civil Defense Act. References FAP Policy Page 3 of 55 Effective 06-05

4 None Special Terms Massachusetts Civil Defense Act, St. 1950, c.639, 11, as amended. Activation: For the purposes of this policy, the term activation or activated shall mean activation pursuant to the Massachusetts Civil Defense Act, St. 1950, c.639, 11(c) which provides as follows: Persons appointed to the auxiliary police force in a city or town shall exercise and perform such of the powers or duties of police officers as may be prescribed by the appointing authority; provided that said powers or duties shall not be exercised or performed by them except while they are on active duty and displaying an authorized badge or other insignia after being called to such duty by the head of the police force of such city or town to meet a situation which in his opinion cannot be adequately handled by the regular police force or the reserve police force, if any, of such city or town. OBJECTIVE Policy To describe the duties of FAP Officers. To ensure that FAP Officers are trained in the duties which they are expected to perform. To ensure that uniforms of FAP Officers are clearly distinguishable from those of fulltime police officers. PROCEDURES FAP Officers are authorized to effect arrests under the following circumstances: 1. Activation under Civil Defense Law in accordance with Section C of this policy; (or) 2. The officer is directed to act by a police officer or dispatcher to assist with the preservation of the peace; i (or) 3. The arrest is for a felony which has been in-fact committed. ii FAP Policy Page 4 of 55 Effective 06-05

5 Absent activation under civil defense law, in accordance with Section II C of this policy, FAP officers shall not issue traffic citations or serve warrants and other criminal process. Activation under civil defense law is specifically conditioned upon the following statutory provisions: The FAP officer must be on active duty; The FAP officer must display an authorized badge or insignia; The situation for which the Police Chief calls the auxiliaries to duty must be one which, in his opinion, cannot be adequately handled by the regular iii iv police force. Non-emergency auxiliary police activities, such as traffic control, training, and assistance in the police station, are justified under the civil defense statute as there is need for auxiliary police to be trained in police procedures and operations prior to the occurrence of a disaster or other emergency situation. E. Subject to the approval of the Framingham Police Shift Commander, auxiliary officers may accompany sworn Framingham Police Officers on ride-alongs for the purpose of training. F. FAP officers shall obey, without reservation: 1. The policies, procedures, rules, and regulations of the Framingham Police Department and the FAP; 2. All lawful commands, orders, and instructions of a superior FAP officer, including those commands relayed from a superior officer; 3. All lawful commands, orders, and instructions given by any Framingham Police Officer. G. Subject to the approval of the Framingham Police Shift Commander, qualified auxiliary officers may operate Framingham Police vehicles. No auxiliary officer shall initiate, engage in, or participate in a vehicular pursuit. Except in extreme emergencies, emergency response (lights/siren) is not authorized. No auxiliary officer shall disregard or disobey any traffic control signal, sign, or device, or the law. Unless activated under Section IIC of this Policy, auxiliary officers do not have authority to initiate or effect traffic stops. H. The Chief of Police shall appoint a ranking Framingham Police Officer to act as a liaison between the Framingham Police Department and the Framingham Auxiliary Police. The liaison officer shall oversee the day to day operations of the auxiliary police and be the Auxiliary s primary conduit for orders, information, FAP Policy Page 5 of 55 Effective 06-05

6 instructions, and requests. The Commander of the FAP shall report to the Framingham Police Liaison. SELECTION PROCESS WEAPONS A. Upon meeting FAP membership criteria, in addition to any paperwork required by the FAP, applicants will complete the same application package as prescribed by the Department for full-time officers. B. Applicants are required to pass a written entry level Law Enforcement Examination, as prescribed the Chief of Police. The examination results shall be submitted to the Chief of Police for his review and approval. C. Candidates will undergo an in-depth background investigation, as prescribed by the Chief of Police. D. Candidates must successfully complete an oral interview screening. A ranking officer of the Framingham Police Department will serve on the interview committee. E. Candidates must successfully complete a psychological examination, as prescribed by the Chief of Police. F. Candidates must undergo a medical examination as prescribed by the Chief of Police. The medical examination is designed to reveal any discoverable medical problems which might inhibit or completely bar the candidate s ability to perform any of the essential functions of an auxiliary police officer. G. Results of the Physical and psychological examinations as well as the results of the applicant background investigation shall be submitted to the Chief of Police for his review and approval. No candidate shall be appointed without the approval of the Chief of Police. In accordance with the Massachusetts Civil Defense Act, St c. 639, Section 11(a), qualified Auxiliary Officers may be authorized to carry OC Spray, batons, and firearms, and other such authorized weapons, at the sole discretion of the Chief of Police, and only upon completion of a probationary period, the Reserve- Intermittent Police Academy, and a course of instruction on such weapons approved by the Municipal Police Training Committee. FAP Policy Page 6 of 55 Effective 06-05

7 Firearms, ammunition, holsters, and any other weapons or equipment carried by Auxiliary Officers must be identical to those carried by regular Framingham Officers, approved by the Chief of Police, inspected by the Framingham Police Armorer, and subject to the Department s restrictions on modifications and alterations. Auxiliary Officers are subject to the licensing requirements of state and federal law, and must have in effect a valid Class A License to Carry Firearms. USE OF FORCE All Uses of Force must comply with those provisions of the Framingham Police Department s Use of Force Policy #100-4 which are not inconsistent with this policy. A. USE OF FORCE TO EFFECT ARRESTS Auxiliary officers are authorized to use reasonable force to effect only those arrests which they are authorized to make pursuant to Section II of this Policy. v 1. An auxiliary officer may use reasonable non-deadly force to make an arrest only if: a. He believes that such force is immediately necessary to make a lawful arrest; (and) b. he announces the purpose of the arrest, or believes it is already known to the person being arrested, or believes it cannot reasonably be made known to the person being arrested; (and) c. the arrest is for a crime that is a felony. 2. An auxiliary officer may use deadly force to make an arrest only if: a. The auxiliary officer believes that such force is immediately necessary to make a lawful arrest for a felony; (and) b. The auxiliary officer is assisting another person whom he believes is a police officer; (and) c. The auxiliary officer believes there is no substantial risk of injury to innocent persons; (and) FAP Policy Page 7 of 55 Effective 06-05

8 TRAINING UNIFORMS d. The auxiliary officer believes that the person being arrested used or threatened to use deadly force in committing the felony; (and) e. The auxiliary officer believes that there is a substantial risk that the person being arrested will cause death or serious bodily harm to someone if he is not immediately arrested. B. USE FOR FORCE FOR DEFENSE (OFFICER OR THIRD PARTY) An auxiliary officer is authorized to use reasonable force to defend himself or herself and/or others. 1. An auxiliary officer may use reasonable force to defend himself or herself upon a reasonable belief that the officer is about to be immediately attacked, and that officer was in imminent danger of death or serious bodily harm. 2. Society wishes to encourage all of us to come to the aid of each other when that is necessary. Therefore an auxiliary officer may use reasonable force when that is necessary to help another person, if it reasonably appears that the person being aided is in a situation where the law would allow him to act in self-defense himself or herself. Auxiliary officers who carry weapons must receive initial and refresher training on, and abide by, the relevant Framingham Police Department s Policies, including those on Use of Force, OC Spray, and Impact Weapons. Prior to attaining uniformed status, auxiliary officers shall successfully complete the course of instruction and training as is required by the Municipal Police Training Committee for part-time or reserve police officers. This includes the Reserve- Intermittent Police Academy, and CPR, First Responder, and AED certifications. At minimum, Auxiliary Officers shall complete such annual in-service training as is required by the MPTC for part-time or reserve police officers. Auxiliary officers shall wear uniforms which are clearly distinguishable from those of sworn Framingham Police Officers. (Light Blue Shirts, discernible auxiliary badges, and patches with a rocker clearly indicating Auxiliary. ) FAP Policy Page 8 of 55 Effective 06-05

9 FAP officers shall not use a badge other than on duty or special assignment. Auxiliary Officer Identification Cards are to be used only for official purposes, while on-duty or special assignment. Policy #50-16 Footnotes i See G.L. c ; G.L. c ii In Massachusetts, a private citizen may lawfully arrest someone who has in fact commi tted a felony. Comm. v. Cook, 54 Mass. App. Ct. 1101, N1 (2002). iii Massachusetts Civil Defense Act, St. 1950, c.639, 11(c) iv Auxiliary police officers shall not be used for direct control or suppression of riots or other civil disturbances. Massachusetts Civil Defense Act, St. 1950, c.639, 11(c); G.L. c B. v See Com. v. Klein, 372 Mass. 823 (1977). FAP Policy Page 9 of 55 Effective 06-05

10 00 INTRODUCTION The Framingham Auxiliary Police (FAP) is an elite group of volunteers who give of themselves to make Framingham a better place to live and work. While the FAP is entirely a voluntary organization, it is also a para-military one. This is reflected in our command structure and in the seriousness with which we take our responsibilities. Membership in the FAP requires a firm commitment to carry out assignments in a timely manner, and with a minimum amount of supervision. The statutory authority for auxiliary police is in the Massachusetts Civil Defense Act, St. 1950, c. 639, Section 11(a). Although auxiliary police may possess powers and duties of police officers, the lawful exercise of these powers is specifically conditioned upon the following statutory provisions: The auxiliaries must be on active duty The auxiliaries must display an authorized badge or insignia The situation for which the auxiliaries are called to duty by the police chief must be one which in his opinion cannot be adequately handled by the regular police force Non-emergency auxiliary police activities, such as routine patrols and assistance in the police station, are justified under the statute as the need for auxiliary police to be trained in police procedures and operations prior to the occurrence of a disaster or other emergency situation. The primary responsibilities of the FAP during training are to observe and report conditions and situations which may be of interest to the Framingham Police Department (FPD), to be a visible presence in commercial and residential areas of the town and to assist the FPD in the performance of their duties when requested. We provide additional patrols of critical infrastructure, schools and other town owned properties, checking for suspicious activity, acts of vandalism and open doors and windows. We assist at community events, and are prepared to be called to duty in the event of civil and natural disasters, acts of terrorism, and emergencies such as hurricanes, earthquakes, blizzards, power failures and major fires. FAP Policy Page 10 of 55 Effective 06-05

11 01 ORGANIZATION BY-LAWS 01.1 PURPOSE The purpose of the FAP is to be prepared to asist the FPD in the event of a civil or natural disaster, or in the event that addional personnel are needed by the FPD to carry out their assigned duties. The FAP is a part of the Framingham Emergency Management Department and is organized under Massachusetts' Civil Defense Act. When called to emergency duty by the Chief of Police, FAP officers become provisional members of the FPD. FAP officers do not receive any payment for their duties from the Town of Framingham. Ongoing duty assignments and monthly meetings are considered the on-thejob training requirements to prepare the FAP for an emergency duty call MEMBERSHIPREQUIREMENTS The following are the requirements for to apply for membership in the FAP: Applicants must be current residents of the Town of Framingham and residents for at least six months prior to application (subject to the Interview Committee based on number of qualified resident applicants). Applicants must be at least 21 years of age. Applicants must have as a minimum the equivalence of a high school education (subject to the interview committee). Applicants must demonstrate interest, motivation, and intent to perform a community service to the Town of Framingham as described in the purpose of the FAP. FAP Policy Page 11 of 55 Effective 06-05

12 SELECTION PROCESS AND CRITERIA (As Prescribed by the Chief of Police) Applicants will complete the FAP application form in its entirety, upon completion the application will be submitted to the FAP Interview Committee. Applicants must pass a written entry level law enforcement examination that measures the applicants psychological aptitude for a law enforcement position. Applicants must have a good driving record and a valid drivers license. Applicants must successfully complete an oral interview screening before the Interview Committee and a ranking officer of the FPD. Applicants will be subject to an in-depth background investigation. Applicants must provide documentation from their Medical Doctor, at their own expense, that they are medically fit to fulfill the re quirements documented in the auxiliary police position description. The Interview Committee will prepare a package consisting of the applicants application, test results, background investigation and medical clearance. The Interview Committee has the right to reject an applicant; or recommend acceptance to the Framingham Auxiliary Police Commanding Officer (FAP CO). The FAP CO will present the recommended candidates completed package to the FPD Liaison officer for FPD approval. Appointments of probationary auxiliary officers are made after receiving approval from the FPD CONTINUING MEMBERSHIP REQUIREMENTS Probationary FAP officers shall complete Initial Training (Section ) before issuance of uniform and equipment. Probationary FAP officers are assigned to a PROBATIONARY PERIOD, as determined by the FAP CO. During the probationary period the new officer can be discharged without cause by the FAP CO. FAP officers shall continue to demonstrate a desire to perform a community service to the Town of Framingham as described in the purpose of the FAP. FAP officers shall complete such annual in-service training as is required by the Massachusetts Police Training Committee (MPTC) for part-time or reserve police officers, and the Framingham Police. Moving from the Town of Framingham may be cause for discharge at the discretion of the FAP CO. FAP Policy Page 12 of 55 Effective 06-05

13 01.3 CHAIN OF COMMAND The following ranks are listed in order of superiority and the authorized number of each rank is indicated: Captain - 1 Executive Lieutenant - 1 Lieutenant - 3 Sergeant - 8 Patrolman - 39 The FAP is organized in squads. Each squad has at a minimum one Lieutenant and one Sergeant and an approximate equal number of officers. At times the Commanding Officer may determine the need for a training squad that would consist of a superior officer, and probationary officers. The Chief of Police assigns a member of the FPD to be the FPD Liaison Officer to the FAP. The FPD Liaison Officer acts as the liaison between the FAP and FPD. If a problem or grievance arises, the person to consult is one of your squad supervisors, if the situation is not resolved to your satisfaction at this level, you must seek permission to consult with the FAP CO. If the problem is still unresolved the officer may at this point request of the FAP CO permission to see the FPD Liaison Officer. No FAP officer is to consult with the FPD Liaison Officer without prior permission from the FAP CO. FAP Policy Page 13 of 55 Effective 06-05

14 01.4 DUTIES OF RANK The following are the responsibilities of each FAP rank in addition to all specific assignments. All superior officers are also responsible for the duties listed for lower ranks. Captain Is the Commanding officer (FAP CO) Acts as Senior liaison officer between FAP, FPD advisor, Emergency Management Director and Chief of Police Supervises all training and activities of the FAP Appoints all committees and organization officers Is responsible for disciplinary actions Conducts monthly meetings Executive Lieutenant Acts as Commanding officer in the absence of the Captain Lieutenant Is responsible for the overall supervision of squad Is responsible for completion of major projects assigned by the FAP CO Sergeant Is responsible for determining availability of squad for Lieutenant Assigns and supervises FAP officers as requested by FAP superior officer or FPD Officer Is responsible for completing assignments and duties of the FAP within the established regulations and procedures outlined in this manual All promotions to ranking positi ons will be made by the Captain with recommendation by the Executive Committee, with due consideration given to participation and cooperation in FAP operations. FAP Policy Page 14 of 55 Effective 06-05

15 01.5 ORGANIZATION OFFICERS Organization officers are assigned by the Captain for an indefini te period. Secretary - The Secretary will be responsible for all records of the FAP, handles all correspondence and keeps a record of all pertinent data. These records will be available at all times to all authorized members. The Secretary is responsible for notifying all members of each meeting. The minutes of each meeting will be taken as part of the FAP permanent record. Treasurer - The Treasurer will account for all money received and disbursed from the FAP accounts. The Treasurer is responsible for maintaining savings and checking accounts for the FAP funds. Disbursement of money can be made by either the Captain or Treasurer. All disbursements of over $ require prior approval of the FAP membership. In the event of an emergency the Captain may convene a meeting of the Executive Committee to approve such disbursements. The Treasurer will report to the FAP membership at each monthly meeting an account of all money received and/or disbursed. The Treasurer will ensure that an independent audit of the financial records is conducted annually by a FAP member appointed by the Executive Committee. Supply Officer(s) - Responsible for issuance and receipt of all uniform items and articles equipment owned by the FAP or the Town of Framingham. The Supply Officer will maintain an inventory of owned uniforms and equipment. The supply records will remain in the possession of, and will be kept current by the Supply Officer. Training officer(s) - Responsible for assuring that the members are trained in accordance with requirements established by the FPD and FAP CO. Range officer(s) - Responsible for assuring that FAP officers are properly trained in firearm safety and use. FAP Policy Page 15 of 55 Effective 06-05

16 01.6 COMMITTEES Executive Committee - The Executive Committee will cons ist of all FAP officers of rank. The Executive Committee will meet at least quarterly, at the discretion of the FAP CO. The Executive Committee can be convened at any time by the FAP CO. The Executive Committee shall act only in an advisory capacity to the FAP CO. The Executive Committee will assist in the planning, training, and in any other areas as determined by the FAP CO. The Executive Committee will review all major policy changes prior to their being referred to the FPD advisor and/or the Chief of Police. Interview Committee - The Interview Committee will consist of five members including the Captain, Executive Lieutenant and three other members; in addition there will be two alternates. The appointments will be for the period of one year. The Interview Committee will review the applications of prospective members, and will interview and explain the purpose, objectives and requirements of the FAP to these applicants. A minimum of three members of the Interview Committee shall be present at all interviews. The Interview Committee shall accept or reject the applicant based on the interview and other information reviewed based on the applicants qualifications for membership as defined by section 01.2 of these by-laws. The Interview Committee shall sign the application and submit its decision to the FAP CO upon completion of the process. The FAP CO will forward recommended applicants to the FPD Liaison Officer for FPD approval TRAINING PROGRAM All FAP officers shall take all courses as pre scribed by the Training officer, including in-service training at regular monthly meetings. Because cruiser and assisting at the station are on-the-job training, attendance is considered part of the training program. The training program will meet or exceed MPTC and Framingham Police requirements. FAP Policy Page 16 of 55 Effective 06-05

17 INITIAL TRAINING REQUIREMENT The initial training program for new applicants will consist of the following requirements prior to the new auxiliary officer is eligible for cruiser and assisting at the station on-the-job training: MPTC Reserve Intermittent Academy. The cost of the academy will be paid by the applicant. Upon successful completion of the training program, the applicant will be reimbursed for the cost of the academy, exclusive of books, after completing one year of service. MPTC approved First Responder Training, and CPR/AED training. FAP induction training regarding the rules and operation of the FAP. The successful completion of the initial training is a requirement for future involvement with the FAP. It is the responsibility of the Training Officer to notify applicants of future academies. All applicants are required to complete the initial training within a two year period from their date of membership in the FAP MEETINGS Meetings will be held on the third Monday of each month. FAP officers are expected to attend all monthly meetings. Monthly meetings include in-service training for officers who have completed the MPTC Reserve Intermittent academy. Excused absences will be allowed under extenuating circumstances. Any member desiring an excused absence must notify a superior officer prior to the meeting. It is the responsibility of the officer missing a meeting to makeup any prescribed training as required by the Training officer AVAILABILITY Any member who expects to be out of town or away from their regular telephone number for a period of more than seven days shall notify their next superior officer. It is the responsibility of all FAP officers to notify the FAP Secretary, immediately by phone, and in writing within seven days of any address, or telephone number changes. FAP Policy Page 17 of 55 Effective 06-05

18 01.10 CAUSES FOR DISCHARGE The FAP CO is responsible for the discipline of the FAP. The following are reasons for discharge from the FAP: Failure to perform assigned duties or leaving an assignment without just cause, before relief by proper authority, Failure to comply with regulations and procedures of the FAP, Failure to achieve and maintain the prescribed level of annual training, Conviction of a felony, or suppression of information of conviction at time of initial interview, Discredit to the uniform of the FAP, to the FPD, or the Town of Framingham, Three unexcused absences from meetings, cruiser duty, assistance at the station, or other assignments in any calendar year; The tally will be inclusive of any form of unexcused absence, Failure to successfully complete probationary period, Failure to maintain proper residency requirement, Failure to complete training per within two years of appointment LEAVE OF ABSENCE A leave of absence may be granted to a FAP officer for serious illness, or serious personal reasons. FAP officers must file a written request for a leave of absence and the expected duration to the FAP CO. Decision for approval or rejection of the request will be made by the FAP CO. A leave of absence will not be granted for a period longer than six months. FAP officers desiring a leave in excess of six months will be placed on an inactive list, thus retaining their service time until such time as the officer is able to return to active duty. All uniform items and articles of equipment shall be returned to the Supply Officer at the time the FAP officer is placed on the inactive list RETIREMENT Mandatory retirement from the FAP shall be at age 65. If a FAP officer experiences an impairment to his/her physical condition or suffers from a chronic condition of such magnitude that it restricts participation in the duties of the FAP, the FAP officer will be required to retire. FAP Policy Page 18 of 55 Effective 06-05

19 10 GENERAL REGULATIONS 10.1 DEMEANOR FAP officers shall display courtesy and a business-like attitude in all contact with the public and the FPD COMMITMENT The FAP has made a commitment to the Town and FPD for a certain number of officers for patrols, assistance at the station and special assignments. If we do not fulfill our commitments it reflects poorly on the FAP, and results in difficulty for all concerned. When you accept an assignment, you are expected to complete it. If you are unable to complete the assignment you are responsible for finding a replacement. If you cannot find a replacement, after going through the chain of command, notify the FAP CO. If the missed assignment relates to cruiser duty or assistance at the station, FAP officers shall notify the FPD CO as soon as possible DISCLOSURE OF INFORMATION FAP officers shall not disclose to any unauthorized person, inside or outside the department, any of the departments' business. FAP officers shall not talk for publication, be interviewed, make public speeches, or relate information pertaining to the official business of the FPD REMOVAL OF OFFICIAL DOCUMENTS FAP officers shall not remove official police documents, from any FPD fi les, or from the Police station without authorization of the FPD Commanding Officer (CO) SUPPLEMENTAL REGULATIONS All memorandums issued and signed by the FAP CO shall have the force and effect of a FAP regulation. FAP officers shall become familiar with the regulation and provisions thereof RENDERING ASSISTANCE FAP officers shall render assistance to all persons who make a request for assistance if such assistance is within the scope of the FAP regulations and procedures. If the request is outside the scope of the FAP, the request shall be directed to the FPD. FAP Policy Page 19 of 55 Effective 06-05

20 10.7 ASSISTANCE TO FELLOW FAP and FPD OFFICERS FAP officers are expected to be firm and calm in their actions at all times, and shall act together to protect each other from danger and effect the restoration of peace and good order APPEARANCE FAP officers shall be neat and clean about their person. No officer shall wear a beard, and they shall be cleanly shaven. Mustaches, if worn shall be neatly trimmed and must not extend beyond the mouth line and be no wider than one half inch at the widest point. Sideburns shall not extend below the lowest part of the ear and must be neatly trimmed. Hair length shall be worn above collar of the neckline, and must be neatly trimmed. Female officers shall wear their hair up under the cap if longer than collar length. FAP officers shall keep their bodies, particularly their hands and fingernails, as clean as circumstances permit KNOWLEDGE OF TOWN FAP officers shall have the duty to familiarize themselves with the geography of the town, including streets, bridges, public buildings, public places and prominent commercial establishments CONFLICT OF ORDERS FAP officers shall inform a superior officer that issues an order that is in conflict with a previous order, that a conflict exists. Should the superior officer not change the order the FAP officer shall carry out the order, and the officer shall not be held responsible for disobedience of the previous order BADGES FAP officers shall not use a badge other than on duty or special assignment. FAP officers shall not purchase a badge without the prior approval of the FAP CO. Falsely identifying one self as a police officer or the unauthorized use or possession of a police badge is a criminal offense. Massachusetts General Laws Chapter 268 paragraphs 33, 34 and 35 allow for fines of up to $500 and imprisonment of up to one year plus one year probation EMERGENCY (BLUE) LIGHTS ON PERSONAL VEHICLES FAP officers shall comp ly with Massachusetts motor vehicle law CH 90 sec. 7E which requires a permit issued by the Registrar, upon request of the Chief of Police, to display or use a red or blue flashing or oscillating light. FAP officers shall not apply to the Chief of Police for such a permit without the prior approval of the FAP CO. FAP Policy Page 20 of 55 Effective 06-05

21 20 CONDUCT REGULATIONS 20.1 DUTY TO OBEY FAP officers shall obey, with out reservation, the regulations of the department and all lawful commands of a superior officer including those commands relayed from a superior officer by an officer of the same or lesser rank. All FPD officers have a superior rank than any members of the FAP, and accordingly, FAP officers shall obey all lawful orders given by any FPD officer PERSONAL LIFE FAP officers shall conduct his or her personal life so as not to bring discredit to the FAP or FPD CIVILITY FAP officers shall be civil, orderly, diligent, discreet, courteous and patient as a reasonable person is expected to be in any situation QUESTIONS OF CITIZENS FAP officers shall answer questions from citizens in a courteous manner and, if unable to supply an answer, shall make every effort to obtain the answer for the citizen. Avoid arguments and unnecessary conversation. If requested, FAP officers shall provide their badge number and name to any person who so requests RESPECT FAP officers, at all times, shall extend the proper courtesy and respect toward all brother and sister officers of the FAP and FPD TRUTHFULNESS FAP officers shall speak the truth at all times and under all circumstances. In the event that the officer is not allowed by these regulations to disclose facts within his or her knowledge, the officer will decline to speak on the subject MALICIOUS GOSSIP FAP officers shall not maliciously gossip about any order, policy, procedure, or official department business MORALE AND REPUTATION FAP officers shall not discredit, lower, or injure the morale or reputation of the FAP, FPD or that of any individual of the department. FAP Policy Page 21 of 55 Effective 06-05

22 20.9 USE AND POSSESSION OF ALCOHOL AND OTHER DRUGS FAP officers shall not drink intoxicating beverages or use intoxicants in any manner while on duty or in uniform. FAP officers shall not report for duty while under the influence of alcohol or any other drug, or with alcoholic beverages on his or her breath. No FAP officer shall possess any alcohol or other drug while on duty, except in the performance of duty SMOKING FAP officers shall not conspicuously smoke in uniform while in public view, or under any condition that may bring discredit to the department FALSIFYING RECORDS FAP officers shall not knowingly or willingly cause to be entered upon a police report or police record any inaccurate, false, or improper informati on LOITERING IN PUBLIC PLACES FAP officers while on duty or in uniform shall not loiter in cafes, saloons, restaurants, theaters, service stations, or other public places, except in the conduct of police business. FAP officers not transacting police business, on or off duty, shall not loiter in the police station GIFTS AND GRATUITIES FAP officers shall not seek or accept, directly or indirectly, any gift, present, or other gratuity from any person, firm, or group of persons, who might conceivably come to expect or seek preferential treatment due to the officers relationship with the FPD REWARDS FAP officers shall not seek or accept any money, gift, gratuity, reward, or compensation for any service rendered or expense incurred in the performance of FAP duty without the written consent of the Chief of Police. FAP Policy Page 22 of 55 Effective 06-05

23 30 PATROL PROCEDURES The following are intended as general guidelines to be followed in situations that you may encounter on patrol. Obviously, not all circumstances can be foreseen and planned for. In any situation, there is no substitute for common sense. Remember your first priority is your personal safety. FAP officers who operate department vehicles will comply with the patrol procedures herein. Police vehicles are cons picuous symbols of authority on the streets and the actions of police drivers are observed by many. This places the responsibility on each police driver to set a visible example of good driving behavior and habits LICENSE REQUIREMENTS FAP officers shall only operate department vehicles for which they hold a valid license to operate AUTHORITY TO OPERATE FAP officers shall only operate department vehicles for which they have been authorized to operate by a superior officer authorized to issue such an order PASSENGERS FAP officers shall not permit any person to ride as a passenger except as authorized by Framingham Control in the performance of a proper police duty. When transporting a female follow FPD procedures. In addition notify Framingham Control on the air of the starting and ending mileage VEHICLE INSPECTIONS FAP officers shall inspect, at the beginning of each cruiser duty, the vehicle assigned to them and record such inspection on the daily report. All equipment repair requests should be recorded on the board in the dispatch room and reported to the FAP officer assigned to the cruiser. If a safety violation exists or develops during the shift, DO NOT USE THE CRUISER ON PATROL. Notify the FPD CO and request another vehicle if available CLEANLINESS OF VEHICLES FAP officers shall keep the interiors of department vehicles clean of litter. FAP officers that find their vehicle littered at the beginning of the duty shall record such condition on the daily report. FAP Policy Page 23 of 55 Effective 06-05

24 30.6 PLACING OF ARTICLES IN TRUNKS FAP officers shall use care in placing of articles in the trunks of cruisers so as not to damage radio equipment, electrical wiring and other authorized equipment PUSHING OR JUMP STARTING ANOTHER VEHICLE No department vehicle shall be used for the purpose of pushing another vehicle. No department vehicle shall be used for jump starting a vehicle other than a department vehicle, unless authorized by Framingham Control. Vehicle police radios must be turned off prior to any authorized jump starting UNATTENDED POLICE VEHICLE FAP officers shall lock the ignition and remove the key upon exiting the vehicle. When leaving the vehicle for more than a brief period the vehicles doors shall be locked SECURING VEHICLE AT END OF DUTY FAP officers shall make certain that the vehicle is locked, windows are rolled up, and lights, computer, radio, and ignition are turned off. Keys shall be returned to the operations desk ACCIDENTS INVOLVING DEPARTMENT VEHICLES FAP officers shall immediately notify Framingham Control that they have been involved in an accident. Do not move any vehicles prior to the arrival of a FPD patrol supervisor. Survey the accident scene, request the appropriate equipment (ambulance, jaws of life, etc...) and assist the injured. In addition to any required FPD reports, the operator and observer shall submit a report to the FAP CO on the incident USE OF EMERGENCY (BLUE) LIGHTS AND SIREN There are rare circumstances that you should respond to a call using emergency lights and siren. USE CRITICAL JUDGMENT IN DETERMINING THE USE OF EMERGENCY LIGHTS AND SIREN. If you determine that you will use emergency lights and siren remember that you must comply with all motor vehicle laws, including CH 89 sec 7b which states among other things that you "may drive a emergency vehicle at a speed in excess of the applicable speed limit if you exercise caution and due regard under the circumstances for the safety of persons and property, and may drive through an intersection contrary to any traffic signs or signals regulating traffic if you first bring the vehicle to a complete and full stop and then proceed with caution and due regard." FAP Policy Page 24 of 55 Effective 06-05

25 30.12 VEHICLE STOPS FAP officers shall notify Framingham Control, as soon as possible, the reason, location, description and license plate number relating to any and all motor vehicles that are operating in a dangerous manner and that you determine should be stopped HIGH SPEED PURSUIT FAP officers shall not initiate or participate in any high speed pursuits PATROL LOG FAP officers shall complete the patrol log, (and any other reports as required), while on duty indicating the times that schools are checked, and other assignments completed during the shift. The completed original patrol log shall be placed into the FAP binder upon completion of the duty RADIO PROCEDURE FAP officers shall carry out the instructions of Framingham Control. All radio transmissions should be concise and directed to Framingham Control. Remember that there is a two second delay between keying of the microphone and the transmission of your message. Only unit numbers and rank with last names should be used in radio transmissions OPEN SCHOOL DOORS AND WINDOWS FAP officers shall notify Framingham Control upon discovery of an open school window or door in which entrance to the building could be obtained. Inform Framingham Control of your exact location and if the door or window can be secured. Do not secure the window or door unless authorized to do so by Framingham Control OBSERVATION OF UNUSUAL ACTIVITY FAP officers shall notify Framingham Control upon the observance of any and all unusual activity while on patrol. (Observe and report.) LEAVING THE TOWN FAP officers shall notify Framingham Control upon leaving and re-entering the Town of Framingham in a department vehicle. FAP Policy Page 25 of 55 Effective 06-05

26 30.19 OPENING LOCKED VEHICLES FAP officers shall not open locked vehicles unless a true emergency (i.e.: baby locked in car) exists DIRECTING TRAFFIC FAP officers shall wear orange or fluorescent green outerwear, or other prescribed high visibility equipment, when directing traffic RIDE ALONG PROGRAM FAP officers who have reached the level of training that includes being authorized to carry firearms while on duty are allowed to ride as an observer with a FPD officer. The FAP officer will make arrangements with the FPD officer, and notify the FPD CO and dispatcher that you will be riding with a FPD officer. FAP Policy Page 26 of 55 Effective 06-05

27 40 USE OF FORCE REGULATIONS It is not a requirement of the FAP to carry firearms, baton or oleoresin capsicum spray (OC). FAP officers who desire to carry firearms, baton or OC on duty and are selected to do so by the FAP CO shall follow the following training requirements and procedures. FAP officer assignments will be limited by the level of training in this area. FAP officers that are not trained and authorized to carry firearms, ASP baton and oleoresin capsicum (OC) may not participate in the FPD ride along program, or operate a Framingham Police vehicle with out an officer who is so authorized. The FPD Use of Force policy is included as Appendix A to this policy manual and is by definition the FAP Use of Force policy and therefore is considered part of this policy manual PERMISSION TO CARRY IN UNIFORM FAP officers shall carry in uniform only after the FAP CO has duly approved such action. Permission to carry is withheld until after successful completion of initial training requirements as described in paragraph , the probationary period and qualification training, and proper licensing. Permission will be granted after recommendation to the FAP CO by the FAP Executive Committee, Training Officers, Range Officers, and qualification with the FPD range officer. Permission to carry firearms, ASP baton or OC may be granted at separate times INITIAL FIREARMS TRAINING Initial firearms training will be conducted by the FAP range officer. Training can commence after attending three FAP monthly meetings. Training will be conducted with FAP weapons and ammunition. Upon successful completion of initial firearms training, permission to apply for a permit to carry a firearm may be granted by the FAP CO. Initial firearms training will include training by the FPD in the departments Use of Force policy. The normal FPD firearms permit application process will be followed INITIAL EXPANDABLE BATON AND OC TRAINING All FAP members must successfully complete a training class in the ASP baton and OC prior to obtaining permission to carry the ASP baton and OC. FAP Policy Page 27 of 55 Effective 06-05

28 40.3 EQUIPMENT Upon obtaining a permit to carry a firearm or OC you may purchase a weapon and other related equipment. The following specifications shall be adhered to when selecting equipment: Pistol: A Sig-Sauer P-228, P-226, P-220, P-229, P-225 pistol or other such models approved by the FPD. Magazines: Three magazines designed for the pistol that you purchase. Leather or Ballistic nylon: A security holster designed for the pistol that you purchase, magazine pouches, and a duty belt to carry the equipment. ASP Baton: An expandable baton manufactured by ASP or other manufacturers as authorized by the Chief of Police, along with a suitable holder for carrying the baton on the officers duty belt. OC SPRAY: Brands and strengths as authorized by the FAP Training officer, along with a suitable holder for carrying OC on the officers duty belt QUALIFICATION TRAINING After purchasing your own equipment, training with the FAP range officer will continue. Upon successful completion of training with the FAP range officer, and recommendation of the FAP range officer, the trainee may appear before the FPD range officer for qualification ANNUAL RE-QUALIFICATION Annually, or more often, as required by the FPD, FAP officers shall re-qualify with their weapon to retain permission to carry. FAP officers must re-certify with the FAP range officer to obtain authorization to re-qualify with the FPD range officer. FAP officers must qualify with each weapon carried on duty at each re-qualification. FAP Policy Page 28 of 55 Effective 06-05

29 40.6 AMMUNITION FAP officers shall carry factory fresh ammunition as specified below, or other such ammunition as specifically authorized by the FAP CO upon recommendation of the range officer: PISTOL: 9mm,.40mm or.45 ACP if applicable, as specified and authorized by the FPD. Practice and training may be conducted with re-loaded ammunition USE OF RANGE There must be at least two people present, one of which is certified to carry in uniform, to use the range. FAP officers shall sign in and out of the range at the front desk. Posted rules of the range must be followed. FAP Policy Page 29 of 55 Effective 06-05

30 50 UNIFORM REGULATIONS 50.1 AUTHORIZED UNIFORM The FAP uniform shall consist of those items and articles of equipment authorized by the Chief of Police ISSUED UNIFORM AND EQUIPMENT The following items and articles of equipment are issued by and remain the property of the FAP: uniform long-sleeve shirt (Flying Cross Deluxe Tropical Medium Blue) uniform short-sleeve shirt (Flying Cross Deluxe Tropical Medium Blue) uniform pants ballistic vest hat winter coat raincoat traffic vest tie FAP shoulder patches name tag FAP collar brass badge and shield whistle ASP baton handcuffs, key and case FAP identification card 50.3 PERSONALLY SUPPLIED UNIFORM AND EQUIPMENT FAP officers shall be required to provide, at their own expense, the following items and articles of equipment: black shoes black socks black belt flashlight notepad and pen white gloves (mittens for winter) black turtleneck shirt with FAP logo (optional) commando sweater (optional) FAP Policy Page 30 of 55 Effective 06-05

31 50.4 INSPECTIONS FAP officers are subject to an inspection of uniform, equipment and appearance prior to the beginning of each duty assignment by a superior officer. FAP officers not meeting the requirements of the regulations will be released from duty. Such a release from duty will be considered an unexcused absence SEASONS FAP officers shall wear short-sleeved shirts with no tie during the summer season (April 1 through October 31 or as modified by the FPD), and long-sleeve shirts with a tie during the winter season (November 1 through March 31). A v- neck t-shirt shall be worn with the summer uniform USE OF UNIFORM FAP officers shall wear their uniform only when on duty or coming to or returning home from duty. FAP officers shall not be seen in any part of their uniform in restaurants, saloons, liquor stores or other public places RETURN OF FAP UNIFORMS AND EQUIPMENT Issued uniforms and equipment are the property of the FAP and must be returned within ten business days of termination as a member of the FAP. It shall be the responsibility of the former member to return the items and articles of equipment to the FAP Supply officer. Failure to return all property of the FAP within 10 days may result in prosecution under MGL chapter 268 or any other pertinent laws. The FAP will notify both the Chief of Police and the Massachusetts Department of Public Safety of such failure to return the property of the FAP. FAP Policy Page 31 of 55 Effective 06-05

32 60 RETIRED FRAMINGHAM POLICE OFFICER PROGRAM 60.1 APPLICABILITY OF SECTION 60 Section 60 applies solely to retired Framingham Police officers who desire to volunteer their services as a Framingham Auxiliary Police officer. Specific program regulations in Section 60.3 supersede conflicting regulations in sections 00 through 50 of the FAP By-laws, Regulations and Procedures manual PROGRAM OBJECTIVE The objective of this program is to allow retiring Framingham Officers an opportunity to continue their commitment to the Town of Framingham through membership in the Framingham Auxiliary Police (FAP). Retired officers have a vast amount of experience and knowledge that can benefit the Town and FAP during this new Post 9-11 era, bolstering our Emergency Management capabilities. FAP Policy Page 32 of 55 Effective 06-05

33 60.3 PROGRAM REGULATIONS 1. The program and retired officers will be governed by the By-laws, Regulations and Procedures of the FAP (includes retirement at age 65). 2. The Chief of Police may recommend up to 5 retired officers for appointment to the FAP. The appointments will be for a one-year term that will be renewed at the discretion of the Police Chief. 3. The retired officers will become FAP officers. 4. The retired officers will form a new squad with the ranking or senior retired officer serving as the squad leader, appointed by and reporting to the FAP CO. 5. The retired officers will report through the FAP command structure. 6. The retired officers will wear LAPD blue uniform shirts with FAP patches on all garments requiring patches. The retired officers, at their own expense will order a new FPD style badge identifying them as an auxiliary officer. 7. The retired officers will be required to keep current certifications in First Aid, CPR/AED, Firearms, ASP, OC and any other certifications or training required of the FAP by the Police Chief. 8. The retired officers will be required to attend in-service training as required. 9. The retired officers will volunteer their time to assist the FAP and Town of Framingham in the following manner: Boston Marathon Annual Flag Day Parade or other such Town-wide event 1 Summer Concert on the Green 2 additional services annually recognizing the retired officers training and experience. Example ideas follow: Teach a class at a Monthly training meeting Conduct background investigations of auxiliary candidates Volunteer for several of many community events 10. The retired officers will volunteer their time when the FAP assists with an Emergency Management call to service. FAP Policy Page 33 of 55 Effective 06-05

34 APPENDIX A Town of Framingham Police Department Policy on Use of Force #100-4 Issue date: 07/01/03 Type of policy: New ( ) Amendment ( X ) Re-Issue ( ) Effective date: 07/01/03 Level: Public Safety ( ) Police Division ( X ) Town Wide ( ) Policy Statement Police officers are continually confronted with situations requiring or resulting in the use of various degrees of force to affect a lawful arrest, ensure public safety, or to protect persons from harm. The degree of force used, must be reasonable and necessary, depending upon the facts and circumstances known to the officer at the time of the incident. The degree of force an officer is required, and therefore permitted, to use is dependent upon the amount of resistance or threat to safety the situation produces. The objective of the use of force is to maintain and/or establish control over the situation. Control is achieved when a person complies with the officer s directions and/or the suspect is restrained or apprehended and no longer presents a threat to the officer or another. FAP Policy Page 34 of 55 Effective 06-05

35 Because there are an unlimited number of possibilities, allowing for a wide variety of circumstances, no written directive can offer definitive answers to every situation in which the use of force might be appropriate. Rather this directive will set certain guidelines and provide an officer with a basis on which to utilize his or her judgment in making reasonable and prudent decisions. References None Special Terms DEADLY FORCE. Deadly Force as used in this policy is defined as that degree of force which a reasonable and prudent person would consider likely to cause death or serious physical injury. NON-DEADLY FORCE. Non-deadly force is that degree of force which in the circumstances is neither likely nor intended to cause death or serious physical injury. SERIOUS PHYSICAL INJURY. Serious physical injury is defined as any bodily injury which creates a substantial risk of death; causes serious, permanent disfigurement; or results in extended loss or impairment of the function of any bodily member or organ. PROBABLE CAUSE. Probable cause for arrest exists if, at the time of the arrest, the facts within the knowledge of the arresting officer (or within the collective knowledge of the police) are reasonably trustworthy and are sufficient to warrant a person of reasonable caution and prudence to believe that the person being arrested has committed or is committing the crime for which the arrest is being made. REASONABLE BELIEF. Reasonable belief exists when the facts or circumstances an officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. DEFENSIVE FORCE. The necessary use of physical force to overcome resistance to an arrest or to protect others from assault or injury. Policy Members of this Department shall use that amount of force that is reasonable and necessary, based on the facts and circumstances known to the officer at the time force is used, to affect lawful objectives and effectively bring an incident under control. This includes deadly and/or non-deadly force, with lethal and non-lethal weapons. CONTINUUM OF FORCE FAP Policy Page 35 of 55 Effective 06-05

36 The amount and degree of force which may be employed will be determined by the surrounding circumstances including, but not limited to: The nature of the offense; The behavior of the subject against whim force is to be used; Actions by third parties who may be present; Physical odds against the officer; and The feasibility or availability of alternative actions. The facts known to the officer at the time of the incident; The need to make a decision in a tense, rapidly evolving situation. When an officer determines that the use of force is necessary, he shall, to the extent possible, utilize the appropriate level of force as determined by the particular needs of the situation. The preferred means of using force are set forth below in ascending order from least severe to the most drastic measures. An officer should exhaust every reasonable means of employing the minimum amount of force before escalating to a more severe application of force, except where the officer reasonably believes that lesser means would not be adequate (or available i.e less-lethal weapons) in a particular situation and the use of force is necessary to accomplish his lawful objective or to protect himself or another from physical injury or death. VERBALIZATION. Verbalization is defined as verbal persuasion used by the officer in an attempt to defuse the situation or inform a suspect that he is under arrest. The appropriate use of verbal persuasion can, in some cases, prevent and or minimize the need for physical force. INITIAL (light) PHYSICAL TACTICS. This application is appropriate when the suspect(s) physical resistance is minor, not hazardous, and can be easily controlled. Examples of this are guiding a cooperative subject into a handcuffing position, out of a vehicle or into another room. INCAPACITATING SUBSTANCE. (Oleoresin Capsicum Spray) Incapacitating substances may be used in self-defense of defense of another. They may also be used to subdue a person who: Physically resists arrest, or; To discourage persons engaged in violent conduct; FAP Policy Page 36 of 55 Effective 06-05

37 Subject who resists initial physical contact, shows signs of imminent physical resistance, or; When a physical confrontation would be necessary in self defense or in defense of another; OC/CN/CS Grenades are used primarily in dealing with unruly crowds and armed or dangerous barricaded subjects. Unless exigent circumstances exist, they will be used when all reasonable and practical lesser degrees of non-deadly force available have been exhausted or would obviously be futile and/or as a tactical alternative to the use of deadly force. OC/CN/CS Grenades/Projectiles shall be used only with the authorization and under the direction of the Supervisor, Incident Commander, or their designee. In crowd control situations involving the use of these chemical agents, subjects should be given warning of their imminent use and should be afforded an opportunity to respond to lawful commands. DEFENSIVE/PHYSICAL TACTICS. This is the use of appropriate physical strength or hand control normally required to overcome resistance this is not intended as an act of overt aggression toward the officer when an individual refuses to comply with verbal instructions. The ASP may be used as a non-impact/restraining come-along tool. DEFENSIVE FORCE/IMPACT WEAPONS. The department approved impact weapons may be used by an officer: In self defense or defense of another To subdue a subject who physically resists arrest, or To stop a subject(s) engaged in violent activity When lesser methods have failed or would be obviously futile or when it is unsafe for an officer to approach a suspect within contact range. To disperse unruly or rioting crowds threatening unlawful property damage or physical force. The department approved impact weapons are the ASP expandable baton, Jaycor s Pepperball System, CTS (Combined Tactical System) Super Sock bean bag, and Foster Miller s WebShot Entanglement Net. (See policies for each). FAP Policy Page 37 of 55 Effective 06-05

38 DEADLY FORCE (See Deadly Force Section Below) PARAMETERS FOR THE USE OF FORCE The application of force by a police officer in the performance of his or her duty will generally be necessary to 1. Defend him/herself or another, or 2. Affect arrests, to conduct lawful searches and seizures, and to prevent escapes from custody; or 3. Preserve the peace, prevent the commission of offenses, or prevent suicide or self-inflicted injury. PROCEDURES: USE OF FORCE 1. Only issued or approved equipment will be carried on duty and used when applying any level of force. 2. Use of restraining devices is mandatory on all prisoners, unless in the officer s judgment unusual circumstances exist which make the use of restraining devices impossible or unnecessary (e.g. prisoner is handicapped, etc.). The mere placing of handcuffs on a prisoner will not be construed to be a use of physical force. 3. After any level of force is used, the officer should evaluate the need for medical attention or treatment from that person upon whom the force was used and arrange for such treatment when: a. That person has a visible injury; or, b. That person complains of injury or discomfort and requests medical attention. NOTE: Any person deemed in need of immediate medical attention shall be transported (in accordance with departmental transportation procedures) to the nearest available emergency treatment center or hospital. All medical treatment received shall be noted in the officer s report. 1. The officer shall promptly notify his immediate supervisor of the incident. 2. The officer shall attempt to locate and identify all witnesses, documenting their statements. NON-LETHAL / LESS LETHAL WEAPONS FAP Policy Page 38 of 55 Effective 06-05

39 The following non/less lethal weapons are available to those officers who are properly qualified, trained, and certified in their use: 1. Jacor Pepperball System, Policy, (Policy ) 2. Non-lethal Entanglement Technology System (NETS), (Policy ) 3. CTS s Super-Stock Bean Bag 12 gauge, (Policy ) 4. ASP Baton, (Policy ) 5. OC Spray, (Policy ) Prior to using or carrying any of the aforementioned weapons, officers will be issued the relevant policy on each weapon, be instructed and trained on its proper use, and be tested and certified by a qualified instructor. Officers will be re-trained and re-certified as specified in the relevant policies. DEADLY FORCE: GENERAL CONSIDERATIONS AND GUIDELINES The purpose of the following section is to set forth guidelines for members of this Department in making decisions regarding the use of Deadly Force. The guidelines have been developed with serious consideration for the safety of both the police officers and the public, and with the knowledge that police officers are often called upon to make splitsecond decisions in circumstances that are tense, uncertain, and rapidly evolving. The value of human life is immeasurable in our society. This Department places its highest value on the life and safety of its officers and the public. The department s policies and procedures are designed to ensure that this value guides police officers in their use of deadly force. PARAMETERS FOR THE USE OF DEADLY FORCE A member of this Department is authorized to use deadly force to: 1. Protect himself or others from what he reasonably believes to be an immediate threat of death or serious physical injury; or 2. An officer may use deadly force to prevent the escape and effect the arrest only when: a. The arrest is for a felony; and b. The crime for which the arrest is made involved the use or attempted use, or threatened use of deadly force; and c. The officer reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and d. there is a substantial risk that the person to be arrested will cause death or serious physical injury if his apprehension is delayed. FAP Policy Page 39 of 55 Effective 06-05

40 e. Where feasible, and where such action does not expose the officers to risk, officers shall identify themselves as police officers and give some warning before using deadly force. FIREARMS PROCEDURES In addition to the above-mentioned situations, a police officer may also discharge a weapon under the following circumstances: 1. For authorized demonstrations, training, or competition, with weapons authorized by the Department. 2. To destroy a dangerous animal or an animal so badly injured that it should be destroyed to prevent further suffering. Children should not be present 3. Officers who find it necessary to discharge firearms shall exercise due care for the safety of persons and property in the area shall fire only when reasonably certain that there is no substantial risk to bystanders. 4. Subject to applicable state and federal law, the officer shall submit an Incident Report after every firearm discharge except for authorized demonstrations, training, or competition. 5. Because of the danger of unintentional death or injury, warning shots are prohibited. 6. Firearms shall not be used as signaling devices or to summon assistance, except in extreme circumstances where there is no other means to communicate 7. Officers shall not discharge a firearm from within a moving vehicle. 8. Firing at a fleeing vehicle or a vehicle that is going away from the officer and is no longer an immediate threat is prohibited. Under such circumstances, officers should be aware of the potential inability of a bullet to penetrate the metal or glass surfaces of an automobile and the likelihood of ricocheting bullets causing injury to innocent persons. 9. Firing strictly to disable a vehicle is prohibited. 10. In every incident, the officer shall take into account the location of vehicular and pedestrian traffic and the potential hazard to innocent persons. 11. Firearms shall not be utilized when there is substantial risk to the safety of other persons, including risks associated with vehicle accidents. FAP Policy Page 40 of 55 Effective 06-05

41 12. Care shall be taken to ensure the safety of the general public in the vicinity. 13. An officer shall avoid the unnecessary display of firearms. However, in responding to any potentially dangerous situation (e.g., searching a building pursuant to a burglar alarm or approaching a business establishment on a report of a robbery in progress etc.) an officer should carry his firearm in a position that will facilitate its speedy, effective, and safe use. SPECIAL WEAPONS 1. Unless authorized to be carried in the police vehicle by the Chief of Police, special weapons (shotguns, sniper rifles, etc., and ammunition for same) will be maintained in a secure area of the police department. 2. Special weapons will only be issued to officers who have qualified with them. 3. All officers authorized to use any of the department s special weapons will qualify with the weapon(s) they are authorized to use, in accordance with the standards established by the Massachusetts Criminal Justice Training Council, the manufacturer, or the department s Firearms Instructor, at least annually. 4. Officers armed with special weapons shall use those weapons in accordance with the provisions of applicable departmental policies and procedures as well as any additional guidelines issued at the time. 5. It is the responsibility of al police officer not to use a special weapon unless he is qualified in its use. USE OF FORCE REPORTING AND INVESTIGATION 1. Every officer who uses force (with or without a weapon) that results in injury or death, or who discharges a firearm (see exceptions in section VII C2c) shall submit a report in a timely manner, subject to applicable law. 2. Every officer who uses any non/less lethal weapon including the CTS beanbag Shotgun, Pepperball gun, NETS system, ASP, or OC Spray shall also submit a written report, even when no injury results. 3. If injuries result from the use of force, every officer who witnessed the incident shall, subject to applicable law, submit a supplemental narrative to be included with the initial report, 4. The following procedures shall govern the proper reporting and investigation of any use of force resulting in visible or alleged injury: FAP Policy Page 41 of 55 Effective 06-05

42 5. Officers shall note all facts and circumstances involving any use of force and firearms/weapons discharge in the relevant incident report. This Report shall contain: a. The names and addresses of victims and witnesses; b. The extent of treatment of injuries, if any; c. The name of the treatment facility and physician administrating treatment. 1. The Patrol Supervisor shall respond to the scene of an incident where an officer or other person is seriously injured. He shall: a. Ensure that all injured parties receive any necessary assistance, including medical treatment, and that any injuries are properly documented. b. If an injury or complaint of pain exists, supervisors are shall obtain photographs. NOTE: A photograph showing no injury may be as important as one which shows injury. c. File a report on the incident with the Shift Commander of the police station. 1. Upon notification of the use of force by subordinate personnel, the Shift Commander shall: a. Ensure photographs are taken of any injuries (or complaint of injury) b. Review the report(s) describing the use of force, and all other related reports; c. Notify the Field Operation Commander. d. Ensure that all witnesses and injured parties have been interviewed. e. Assign sufficient officers to secure the scene of the shooting to preserve physical evidence and request the assistance of investigators and/or crime scene technicians as appropriate. f. Make arrangements for counseling assistance for the officer (see Critical Incident Stress policy), or members of his family. g. Forward copies of all reports to the Field Operations Commander. NOTE: In those incidents of the use of force where serious bodily injury or a death results, the District Attorney s Office will be notified forthwith. 1. The Field Operations Commander shall be responsible for the following: 1. Notify the Chief and Deputy Chief FAP Policy Page 42 of 55 Effective 06-05

43 2. Ensure that a thorough investigation was conducted and that all reports were prepared and submitted; 3. Review all reports submitted; 4. Maintain a separate file of all Use of Force incidents by officers for the purpose of conducting an annual analysis of all Use of Force for reports, recommending to the Chief further action if necessary (i.e. policy upgrades, training needs, equipment upgrades). 5. During the course of the investigation, no police personnel will give any detailed information concerning the incident to any members of the public or news media without express authority from the Chief. ADMINISTRATIVE RELIEF FROM DUTY DUE TO THE USE OF DEADLY FORCE 1. In every instance where a use of force results in death or serious bodily injury to another person, the following steps shall be taken. 2. The supervisor shall impound the weapon involved immediately. In doing so, the investigating officer shall preserve the weapon in the condition in which [s]he finds it. 3. If necessary, the officer involved shall be taken to Metro-West Medical Center for evaluation due to the abnormal stress placed on him/her in these circumstances. 4. The officer involved will be placed on Administrative Duty Status. The involved officer s invocation of legal rights shall not affect the length of this status. 5. The involved officer will be given the opportunity to call his family as soon as possible. 6. Assignment to Administrative Duty status shall be with no loss of pay or benefits. 7. Administrative duty is intended to serve two purposes: a. To address the personal and emotional needs of an officer involved in the use of force which results in injury or death; and b. To assure the community that verification of all the facts surrounding such incidents are fully and professionally explored. 8. Officers on Administrative Duty shall, subject to applicable law, be reasonably available to investigators to assist, when necessary, in the investigation of the incident. 9. Whenever an officer is involved in a use of force incident that results in a serious injury or death, the officer will be referred to the appropriate employee assistance program (see Critical Incident Stress policy). FAP Policy Page 43 of 55 Effective 06-05

44 FAP Policy Page 44 of 55 Effective 06-05

45 APPENDIX B Town of Framingham Police Department Policy on Oleo-Resin Capsicum # Issue date: 07/01/03 Type of policy: New ( ) Amendment ( ) Re-Issue ( X ) Effective date: 07/01/03 Level: Public Safety ( ) Police Division ( X ) Town Wide ( ) Policy Statement All sworn members of this department will be issued or allowed to carry an approved Oleo-Resin Capsicum (O.C.) spray device for use as a non-lethal weapon. This device is intended as an adjunct, not a replacement for the approved baton and/or other issued weapons. The department-issued o.c spray device will be carried at all times by on duty personnel when assigned to the patrol, detective bureau and while working details. It will be carried whenever practical by officers assigned to administrative positions while on duty. Officers may also carry the department-issued O.C. spray device while off duty. This device may be used at the officer s discretion under the following circumstances: FAP Policy Page 45 of 55 Effective 06-05

46 when necessary to defend himself/herself or others; to effect an arrest when lower levels of force have been, or would likely be, ineffective; to prevent a commission of an offense where the suspect has not complied with the officer s verbal commands to cease, and the offence may likely result in injury to the officer, offender or other person; to prevent a subject from rendering harm to themselves or others (except after being restrained and in custody); to defend against, or incapacitate and injured or threatening animal. References None Special Terms Oleo-Resin Capsicum (O.C) is a naturally occurring derivative of the cayenne pepper plant. O.C. is non-toxic and it s effects temporary. O.C. acts as an inflammatory agent on the mucous membranes, eyes, and respiratory system. Policy USE A. If practical, the subject should first be warned that his/her failure to comply with the officers lawful request will result in the use of O.C. spray. 1. Hold can in upright manner with a firm grip 2. Subject should be sprayed directly in the face. The ideal distance from target is 3-10 feet. Subjects should be sprayed with one-second bursts for optimal effect. The amount of spray needed to bring the subject under control will vary according to the individual. Stop spraying a suspect once they no longer pose a threat. 3. Officers must consider factors before using such as wind, other people present (officers and/or bystanders), and likelihood of being sprayed with their own over spray FAP Policy Page 46 of 55 Effective 06-05

47 NOTE: Any subject intentionally sprayed with o.c. shall be considered under arrest EXCEPT in the following circumstances: 4. Mentally disturbed person (acting violently) taken into custody for psychiatric/medical evaluation 5. A person taken into protective custody to prevent them from harming themselves or others 6. Subjects who receive indirect exposure to o.c. spray when it is used as a crowd control agent, such as in a riot, dispersing an unlawful group, a major disturbance, or in a raid type situation when used to remove suspects from a contained area. FIRST AID B. All subjects intentionally sprayed with o.c shall be offered first aid/ decontamination as soon as possible. Practical is defined as: 1. The subject is secured, co-operative and non-violent, posing no threat to the officer or anyone present 2. The subject is in a controlled environment such as the station or hospital C. Subjects should be transported from the scene to a controlled environment without unnecessary delay as soon as possible under the circumstances D. First aid/de-contamination procedures shall consist of all or the following: 1. Advise subject that symptoms are temporary, and should disappear within minutes 2. Have the subject stay still and breath normally, relaxing as much as possible 3. Face the subject into the wind or have them use an improvised fan to aerate the face 4. Allow subject to use large amounts of cool water to flush their face and eyes 5. Advise the subject not to rub their face or eyes 6. Do not use lotions or salves 7. Do not use any commercial eye wash or saline solutions FAP Policy Page 47 of 55 Effective 06-05

48 8. Subjects wearing contact lenses should remove them 9. A non-oil based soap may be used to help remove the resin from the skin. Pat dry only 10. If any symptoms persist beyond 45 minutes, with no signs of dissipation, seek medical attention immediately. FIRST AID FOR THE NON-COOPERATIVE E. Once in a controlled environment, the following steps may be taken to aid discomfort in uncooperative subjects, if possible: 1. Flush face with cold water from a distance with a hose, if available 2. Provide ventilation to aerate subjects face F. Officers should remember that the effects of o.c. are temporary, and officers should not place themselves or others in physical jeopardy merely to aid a prisoner discomfort, if dangerous circumstances exist. REPORT WRITING G. An incident report shall be submitted describing the facts of every intentional discharge of o.c. spray. The report shall include: a. Reason for discharge b. Name of subject(s) sprayed c. Any verbal commands or physical restraint techniques used before subject sprayed d. Description of subject s combativeness or threat of harm to himself or others e. First aid/decontamination methods employed PROHIBITIONS H. Once a subject has been subdued and brought under control, there is no further justification to continue the use of o.c. spray. It shall never be used to elicit FAP Policy Page 48 of 55 Effective 06-05

49 information from any person. Officers are prohibited from equipping themselves on duty with any chemical agent or device other than those authorized by the department. MAINTENANCE I. Active o.c. ingredients can settle to the bottom of the can over time. Officers should shake can of o.c. at least once a month to ensure adequate dispersal. J. Empty or seriously depleted o.c. canisters shall be turned over to a member of the Firearms Unit for replacement as soon as possible. K. Each officer s o.c. canister will be inspected at annual in-service training by the Commander of the Firearms Unit (or trained designee) to insure the device is functioning properly. TRAINING L. All officers issued and authorized to carry o.c. spray devices shall receive a departmentally approved instruction course in it s proper use. Officers will be given periodic refresher training in the use of o.c. spray devices as part of their in-service training. FAP Policy Page 49 of 55 Effective 06-05

50 APPENDIX C Town of Framingham Police Department Policy on ASP Expandable Baton # Issue date: 07/01/03 Type of policy: New ( X ) Amendment ( ) Re-Issue ( ) Effective date: 07/01/03 Level: Public Safety ( ) Police Division ( X ) Town Wide ( ) Policy Statement The purpose of this policy is to establish the circumstances, deployment and afteraction practices regarding the use of the ASP Police Baton. It is the policy of the Framingham Police Department to arm its officers with those tools necessary to defend themselves and protect others from the unlawful use of force; the ASP is no exception. Officer shall only use that force with is both reasonably necessary to accomplish lawful objectives. References None FAP Policy Page 50 of 55 Effective 06-05