SHERIFF S POSSE PROGRAM

Transcription

1 Related Information Subject MARICOPA COUNTY SHERIFF S OFFICE POLICY AND PROCEDURES SHERIFF S POSSE PROGRAM Supersedes GJ-27 ( ) Policy Number GJ-27 Effective Date PURPOSE The purpose of this Policy is to establish guidelines for the Sheriff s Posse Program. Posse commanders are responsible for ensuring that all Posse members are advised of the provisions contained in this Policy. POLICY The Sheriff has the authority to summon qualified Maricopa County residents who are members of the Sheriff s Posse Program. The principal purpose of the program is to provide the Sheriff with volunteers to assist in carrying out the duties of the Office. It is the policy of the Office to ensure that Posse members are subject to the rules and regulations set forth in their individual branch s by-laws and that the by-laws conform to Office Policy and state law. Posse members have no law enforcement authority. Since the Sheriff must summon the individual or Posse branch for assistance, the Posse carries no law enforcement authority until an individual is qualified to assist with law enforcement functions and is activated. Once activated, the authority is limited to the conditions of the call out. A Posse member is only vested with law enforcement powers of arrest when an Office deputy or reserve deputy car commander directs him to make an arrest. DEFINITIONS Branch: A subdivision of the Posse which has a mission statement outlining its specific services and activities, and which differs from other branches by geographical area served or services rendered. Posse: The organized body of volunteers available to be summoned by the Sheriff to assist him in civil defense, crime prevention, search and rescue, community service activities, and law enforcement; or any other situation which requires manpower or equipment to maintain peace and order. Qualified Armed Posse (QAP): A Posse member who has successfully passed Office training which subsequently qualifies him to assist in law enforcement functions. Volunteer: A person who performs hours of service for civic, charitable, or humanitarian reasons; without the promise, expectation, or receipt of compensation for services rendered. PROCEDURES 1. Command Structure: The Posse is under the administrative supervision and control of the Enforcement Support Division.

2 A. Organizationally, and for purposes of administrative control, Posse members shall be under the command and supervision of the Enforcement Support Division. B. While on duty, Posse members shall be under the supervision of a compensated deputy or sworn supervisor. Posse members shall be under the direct supervision of a compensated deputy or reserve deputy car commander when they are volunteering during a regularly scheduled shift or are otherwise summoned to duty, unless authorization has been obtained from the Enforcement Support Division Commander. C. All violations of Policy, citizen complaints, or incidents of unsatisfactory work performance, which occur while the Posse member is volunteering their service, will be investigated by the Enforcement Support Division. 2. Requirements for Forming a Posse: Any Maricopa County resident, or group of residents, desiring to organize a Posse Branch, shall contact the Enforcement Support Division Commander stating their intent and purpose. A meeting shall be arranged with all concerned parties. Upon determination that the formation of a Posse Branch is feasible, the involved residents shall, within 60 days, submit to the Enforcement Support Division Commander a draft of by-laws and a mission statement for the proposed branch. After written approval by the Sheriff, the group will become a recognized Posse Branch. The criteria for determining the feasibility of a branch shall consist of the following: A. The branch shall be in the best interest of the citizens of Maricopa County and the Office. B. The branch shall not duplicate or overlap the services of existing branches within the same geographical area. C. The branch shall have a specific service capability compatible with the duties and responsibilities of the Office. The mission statement will specify the services and activities of the branch. 3. Standards and Application Process: Posse members are subject to, and shall comply with, all Office rules, regulations, and Policies. A member s continued service in the Sheriff s Posse Program will be at the discretion of the Sheriff. Serious violations of Office Policy as well as felony arrests and convictions will result in loss of membership. A. The application process begins when a branch recommends an applicant for acceptance. The applicant will then submit a completed background application to the Enforcement Support Division. The Enforcement Support Division will forward the application to the Pre-Employment Division who will conduct a background check and forward it back to the Enforcement Support Division for review and determination regarding acceptance into the Sheriff s Posse Program. B. After acceptance into the Program, members will be issued an ID card that shall be carried at all times when involved in any Posse function. C. New members shall successfully complete the basic training program. 4. Classification and Participation Requirements: The different classifications and participation requirements for Posse members are as follows: A. Active Member: Volunteers must meet the following minimum requirements annually or they may be terminated as a Posse member. 1. Volunteer a set number of hours per month, as designated by their branch commander. 2

3 2. Attend a set number of Posse meetings, as designated by their branch commander. 3. Volunteer for special details when requested by the Sheriff. B. Inactive Member: With the approval of the Enforcement Support Division Commander, Posse members may be placed on an inactive status for reasons which include, but are not necessarily limited to: 1. Personal or family medical leave. 2. Long term absence due to career or personal issues. 3. Military Reserve and National Guard members activated for duty. 5. Training: The Training Unit of the Enforcement Support Division will provide all training for Posse members. A. Basic Training: The basic training for a Posse member includes courses regarding subjects such as, but not limited to, traffic law, pre-booking, search procedures, and patrol assistance. Training will also consist of Security Awareness Training or Terminal Operators Certification (TOC) and Cardio Pulmonary Resuscitation (CPR) certification. B. Intermediate Training for a Posse member requires the successful completion of Basic Training as a prerequisite. The addition of defensive tactics courses and an offered driving course constitutes Intermediate Training. 1. Defensive tactics training includes: a. Empty-hand Control and Restraint Devices. b. Intermediate Control Techniques and Intermediate Weapons. 2. Baton training may be taken after the completion of the defensive tactics training. C. QAP Training: Only after completing Basic and Intermediate Training may a Posse member take the QAP Training. The QAP Training includes firearms training and building clearance classes. 1. A Posse member who has passed all tests and successfully completed all approved QAP Training courses shall receive a Certificate of Completion. This certificate shall be displayed on demand to any deputy sheriff or reserve deputy car commander, prior to the Posse member assisting in any function, while in uniform. 2. Even though a Posse member is QAP, they have no authority to take law enforcement action unless called upon by a deputy sheriff or reserve deputy car commander. 6. Uniforms, Badges, and Equipment: A. A Posse member s uniform will be compatible with that of sworn personnel, as specified in Policy GC-20, Uniform Specifications. B. Special duty uniforms may be authorized with the approval of the Sheriff. 3

4 C. Posse members in uniform shall wear a six-point breast badge containing the words Sheriff s Posse, and may have a designated rocker specific to their branch s name, such as Sun City or Special Forces. Posse members shall not wear badges that contain the words Deputy Sheriff. 1. Posse members may purchase a flat badge, at their own expense, with the approval of the Enforcement Support Division Commander. 2. Posse members must turn in all Office-issued badges to their branch commander upon separation from the Sheriff s Posse Program. Posse members with five or more years of exemplary service who submit a written request to the Enforcement Support Division Commander may be authorized to retain their badges. D. Posse members will not publicly display badges, identification cards, or any other Office insignia unless volunteering as part of the Sheriff s Posse Program. E. Posse rank insignias shall only be worn inside a Posse facility, or during Posse meetings. F. A Posse member who has satisfactorily completed Intermediate Training may carry equipment and weapons such as, handcuffs, expandable baton, oleoresin capsicum (OC) spray, or a Conducted Electrical Weapon (CEW) such as a TASER as specified in GC-20, Uniform Specifications. 7. Firearms: Only QAP members are authorized to carry a firearm, and they shall successfully re-qualify, at least annually, as specified in Policy GJ-23, Firearms. QAP members shall only carry the specific type of weapon with which they qualified. A. Posse members are not authorized to carry concealed firearms under any of the following circumstances: 1. While they are in uniform. 2. While attending or participating in any Office or Posse activity. 3. While otherwise providing service to the Office or their branch organization. B. QAP members may submit articulable reasons for carrying a concealed weapon during any Office or Posse activity, in a memorandum, to the Enforcement Support Division Commander. Written approval must be obtained from the Enforcement Support Division Commander and a copy of both the request and approval will be maintained in the Posse member s personnel file. C. At any other time, Posse members are afforded the same rights and obligations as any private citizen regarding firearms. 8. Personally Owned, Posse Branch Owned, and County-Owned Vehicles or Equipment: A. Posse members are not permitted to make traffic stops, or operate any vehicle in an emergency mode, unless such action is authorized by an Office deputy sheriff or reserve deputy car commander immediately prior to the action. B. Vehicles owned by a Posse member or Posse Branch, or County vehicles assigned to a branch, may display emergency overhead lighting and appropriate Office decals. No Posse member will 4

5 be authorized to operate County-owned vehicles or equipment on behalf of the County unless County and State licensing requirements are met. C. Vehicles owned by a Posse Branch or individual posse member that are used for Office related operations, shall be inspected annually by the Enforcement Support Division. A record of each annual inspection will be maintained at the Enforcement Support Division for a period of three years. D. The following guidelines apply to any personally owned vehicles used by a Posse member during official Office business: 1. The vehicle or equipment shall be registered and insured by the posse member, as required by statute and the driver shall have a valid Arizona driver s license or certification. a. Copies of the current registration and insurance will be provided to, and maintained by, the Enforcement Support Division. Immediately after renewal of registration and insurance, new copies will be forwarded through the branch commander to the Enforcement Support Division. b. Any time a licensed driver has their license or certification renewed, a copy of the license or certification will be forwarded through the branch commander to the Enforcement Support Division. c. A vehicle personally owned by a posse member may be covered under the County s self-insured liability program while performing duties at the direction of the Sheriff, or his designee. d. No personally owned posse vehicles shall have government issued plates. 2. A Posse member operating a personal vehicle for official Office business shall ensure that only authorized persons ride in the vehicle. Authorized persons include the following: a. Persons authorized by the sworn supervisor or the Posse Branch commander. b. Those persons transported in the performance of duty, as authorized by the volunteer s sworn supervisor. 3. The personal vehicles of Posse members may be equipped with emergency equipment and appropriate Office decals, with the approval of the Enforcement Support Division Commander. This equipment can only be displayed when performing official Office business. In all other instances, the appropriate Office decals shall not be displayed, and the emergency overhead lighting must be removed or covered. a. The personal vehicles of Posse members must be inspected by an Enforcement Support Division supervisor to ensure that the vehicle meets Office standards, prior to the Posse member being granted permission to install emergency equipment. At the time of inspection, the Posse member will be provided with information on the proper placement of appropriate Office decals and the type of emergency equipment authorized, which may include a radio with access to MCSO frequencies and emergency overhead lighting. After the Posse member completes the installation, the vehicle will be inspected by the Enforcement 5

6 Support Division supervisor. If approved, the Posse member will be provided a letter authorizing the equipment for the vehicle. b. Appropriate Office decals for individual members vehicles must be purchased by the branch, from an Office-approved vendor. A Posse member in possession of appropriate Office decals must immediately return them to their branch commander, upon termination of their involvement with the Sheriff s Posse Program. c. The Posse Branch commander must maintain a record of the purchase and assignment of appropriate Office decals. This record shall be maintained for inventory and accountability and shall be forwarded every six months to the Enforcement Support Division Commander for tracking purposes. E. The following guidelines apply to any Posse Branch vehicles used by a Posse member during official Office business: 1. The Posse Branch vehicles will be covered under the County s self-insured liability program while performing duties at the direction of the Sheriff, or his designee. The driver shall have a valid Arizona driver s license or certification. a. Copies of the current registration and insurance will be provided to, and maintained by, the Enforcement Support Division. Immediately after renewal of registration and insurance, new copies will be forwarded through the branch commander to the Enforcement Support Division. b. Any time a licensed driver has their license or certification renewed, a copy of the license or certification will be forwarded through the branch commander to the Enforcement Support Division. c. Posse Branch marked vehicles or equipment may have government issued plates. Unmarked Posse Branch vehicles shall not have government issued plates. 9. Disciplinary Matters: The following guidelines apply to disciplinary matters involving Posse members: A. Critical Policies shall be given to new Posse members during training. The method for distribution of revised Critical Policy and the responsibility to review these Policies shall be stated in all Posse Branches by-laws. Posse members have access to review Policy on the U: Drive at all Office divisions. B. All Posse members are required to know and abide by all Office Critical Policies. C. The Posse Branch commander shall resolve any internal problems concerning branch by-laws. D. When the Posse member is volunteering in public, citizens complaints will be addressed as soon as possible by a sworn supervisor who is on duty at the district where the complaint is lodged. This supervisor shall conduct the initial inquiry, including interviewing the Posse member and forwarding the information through the chain of command to the Enforcement Support Division Commander who will complete the investigation. 6 E. Posse members will immediately notify the Enforcement Support Division Commander or his designee of any contact with law enforcement outside the scope of his work on an Office related function. This includes, but is not limited to: traffic stops, issuance of court orders on or by the

7 Posse member, arrests executed by or against the Posse member, or disturbances where any law enforcement officers are called and respond. The Enforcement Support Division Commander or his designee will advise the Posse member of the follow up action the Posse member must take. F. Incidents Requiring Investigation: 1. All incidents involving Posse members that require investigation shall be investigated by the Enforcement Support Division Commander or his designee. 2. All investigations will be handled at the direction of the Enforcement Support Division Commander or his designee. The Enforcement Support Division Commander shall advise the appropriate branch commander of each complaint s disposition and the action taken or recommended. 3. A Posse member shall promptly inform his branch commander of any incident which required investigation by a sworn supervisor or for which discipline was imposed. 10. Obtaining Records Information: Posse members shall not contact the Records and ID Division for records information. A Posse member may obtain a copy of an Incident Report (IR) for court purposes by presenting the subpoena to the Enforcement Support Division. The Enforcement Support Division will then obtain the IR, if warranted. Posse members requesting to obtain an IR for any other reason shall be required to purchase the document in the same manner as any other resident. A. Any Office information received by a Posse member in the course of his service with the Office shall be used solely in the performance of his official duty. B. A Posse member who obtains records in violation of this Policy shall be subject to immediate dismissal, and could face criminal prosecution for violations of federal and state privacy and security laws. Policies GF-1, Criminal Justice Data Systems, and GF-3, Criminal History Record Information and Public Records, specify further guidelines. 11. Benefits and Liability: A Posse member is covered under the County s self-insured liability program while performing his duties at the direction of the Sheriff. A. As specified in Arizona Revised Statutes, and pursuant to the current Maricopa County Board of Supervisors Resolution, a Posse member is covered under the County s self-insured program for Workers Compensation while performing duties at the direction of the Sheriff. B. The basis for computing compensation and premium payments can be obtained by contacting the Office Occupational Safety and Health Administration (OSHA) Coordinator. 12. Compensated Employees: Compensated employees may not volunteer as a Sheriff s Office Posse member if their compensated position with the Office requires them to complete the same, similar or closely related duties of those of a Posse member. Duties that are similar or closely related include such tasks as transferring or taking custody of prisoners; booking, fingerprinting, or restraining inmates; directing traffic; taking reports regarding crimes committed; collecting evidence; or taking crime scene photos. Compensated employees may volunteer for other law enforcement agencies Posse programs and shall notify their supervisor of such actions. 13. Posse Activities: Any fund-raising activity or event that uses a Posse Branch s name, Office affiliation, or any Office logo, must be approved in writing by the Enforcement Support Division Commander prior to the event taking place. 7

8 A. Posse members requesting to perform uniformed or security services may do so only when it is an approved function or a project of their branch. A memorandum seeking approval for the activity shall be submitted to the branch commander and forwarded to the Enforcement Support Division Commander for final approval. The memorandum must be submitted prior to the activity or event indicating the name and address of the agency, organization, or group which has made the request, the type of business, the services requested, and the estimated number of hours the detail will involve. B. No Posse member may accept uniformed or security capacity volunteer service or compensated work of any kind, on his own behalf. C. No Posse member may accept individual compensation from an employer, or the branch, for services provided while acting as a Posse member. D. Members of the Posse may accept donations which benefit the Posse Program as a whole on behalf of the Posse. 8