PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.16

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.16 Issued Date: 03-18-11 Effective Date: 03-18-11 Updated Date: 09-14-15 SUBJECT: MEDIA RELATIONS AND RELEASE OF INFORMATION TO THE PUBLIC 1. PURPOSE A. The purpose of this Media Relations Directive is to provide procedures and guidelines for how information is disseminated from the Philadelphia Police Department to the public through the media. It is essential that all members of the Police Department follow these guidelines in order to deliver information that is uniform, accurate and timely, and has been approved through the chain of command. The duties and responsibilities of the Media Relations Office are to facilitate media requests for information regarding statistics, statements, or other Departmental information. 2. POLICY A. It is the policy of this department to provide relevant and timely information to the media and the public. Release of information shall not violate privacy rights or jeopardize ongoing investigations or prosecutions. Access to information, scenes, and events will be balanced with the safety of victims, citizens, and department members. Release of information shall be governed by the Pennsylvania Right-To-Know Law. 3. PROCEDURE A. The following guidelines will be adhered to by all personnel when providing the news media access to demonstrations or press events that occur on public property or private property: 1. Members of the media must display appropriate press credentials prior to being admitted to restricted areas. In most cases, this will be in the form of a City of Philadelphia Press Card. Members of national and international press agencies will usually not possess a City of Philadelphia Press Card. In such cases, credentials identifying the bearer as a member of a news organization will be considered proper and acceptable credentials for the purpose of this directive. If questions arise about the validity of the credentials presented, the Commanding Officer of Media Relations will be contacted. Members of these news organizations will be granted the same rights and privileges as local media. DIRECTIVE 4.16-1

2. The media will be given access to an area as close to the activity as possible with a clear, unobstructed line of sight and within hearing range of the demonstration or press event whenever possible. In no case, will members of the media be denied access to areas where the public is allowed to be present. NOTE: Caution must be used in the case of a bomb threat or suspected explosive device until the Bomb Disposal Unit resolves the issue of an accidental triggering of such a device. Media persons using microwave equipment to transmit their video could create a hazardous situation and therefore, should be advised not to employ any microwave equipment until Bomb Disposal personnel have evaluated the situation. 3. Prior to an arrest of a member of the media for criminal trespass, a verbal order must first be given to them to exit the property in question, or visible postings should indicate no trespassing in advance. Also, at no time should members of the police department ever allow members of the media access to private property without the consent of the owner(s) or person(s) responsible for said property and only after consultation with the highest ranking commander on the scene. 4. Preferential treatment of certain members of the news media to the exclusion of others will not be tolerated. All members of the media will be given fair equitable access. B. Information, assistance, or access at incidents, scenes and events controlled by the police should be provided to whatever extent possible when it does not: 1. Pose an undue risk to the personal safety of members of the Department, media representatives, or the public. 2. Interfere with police operations. 3. Special attention should be given to air space issues created by aircraft utilized by the media or others above and around scenes where tactical maneuvers may be exposed by broadcasting in real time. Additionally, there can be a significant noise factor created by these helicopters that can seriously interfere with communications. When such conditions exist, the ranking officer on the scene will request that Police Radio notify the Media Relations Commanding Officer, the Police Aviation Unit, and the Federal Aviation Administration to clear the surrounding airspace. 4. Adversely affect the rights of an accused or the investigation or prosecution of a crime. 5. Disclose information relative to deployment or staffing. DIRECTIVE 4.16-2

C. Police personnel will not intentionally interfere with the videotaping or the photographing of incidents in public areas. Intentional interferences, such as blocking or obstructing cameras, or harassing the photographer, constitutes censorship and is unacceptable. NOTE: Access to incident scenes does not extend to interior crime scenes or areas off limits for security reasons. D. Any request from members of the media to conduct a Ride Along will be directed to the Commanding Officer, Media Relations who will confer with the appropriate Deputy Commissioner for his/her authorization. Once permission has been granted, the Departmental Ride Along waiver (Form 75-621) will be completed and then forwarded to the Office of Legal Counsel, Police Headquarters, who will retain the document for a period of two (2) years. The Ride Along waiver is found at the end of the directive. NOTE: Search warrants do not extend to the media. E. All requests for public records of the Philadelphia Police Department pursuant to the Pennsylvania Right-To-Know Law, shall be submitted in writing to The Right-To- Know Officer; should a Police Department employee have a need for clarification of this policy refer to Police Commissioner s Memorandum 09-03 or contact 215-xxxxxxx or xxx-xxxx. F. All Police Personnel will notify their Commanding Officer and Media Relations when contacted by a media representative for an interview. It is the responsibility of the employee to make contact by telephone or e-mail and inform the Commanding Officer of Media Relations prior to the release of any information. G. Release of information to the media will be governed by the following: 1. Upon receiving a request for information from representatives of the media, personnel may release the following information after an arrest is made only with the approval of the ranking supervisor on duty. a. Name, age, employment, marital status, and similar background information of the arrested person(s). b. Substance or text of charge(s) such as a complaint, indictment, and/or information. c. Identity of the investigating and arresting agency and the length of the investigation. d. Circumstances immediately surrounding the arrest, including the time and place of arrest, resistance, pursuit, possession, and use of weapons. DIRECTIVE 4.16-3

H. Personnel will not release any of the following information to the news media: 1. The existence or contents of any statement or confession given by the accused, or their refusal to give a statement or to take tests (i.e., breathalyzer, polygraph). 2. Any statements as to the merits of the case. 3. The possibility of a guilty plea. 4. The home address and/or telephone number of any: a. Member of the Police Department. b. Complainant. c. Witness of a crime. 5. The identity of a person under 18 years of age taken into custody, unless charged as an adult. 6. The identity of a complainant or relative. 7. The identity of a homicide victim prior to proper notification. 8. The identity of a neglected or abused child. 9. The identity of a victim of a sex crime. 10. The identity of any deceased person or accident victim prior to proper notification of a relative. 11. The identity of any deceased or injured police officer prior to proper notification of the officer s relatives. I. The following information may only be released to the news media by the members of the Office of Media Relations upon conferral with the appropriate Deputy Commissioner: 1. Arrest Photos, Photographs, Films, Video Tapes (including surveillance video), and/or Suspect Photos. a. Prior criminal records of the accused including arrests and convictions. b. Any information related to a Police involved discharge/shooting. DIRECTIVE 4.16-4

2. Only the Police Commissioner or his designee may release the following to the news media: a. Answers to questions regarding enforcement policies. b. Information regarding disciplinary actions against members of the Police Department. c. Policy statements. d. Annual reports. e. Statistical data related to crime other than what is detailed in Appendix A. f. Permission for media, elected officials, F.O.P. and social association or department organization to attend any police Roll Call. J. All requests for statistical information from the news media not within the parameters detailed in Appendix A, will be submitted to the Media Relations Office for the appropriate response. K. All requests from units within the Philadelphia Police Department to hold a press conference shall be approved and arranged by the Office of Media Relations. 4. GENERAL DUTIES AND RESPONSIBILITIES A. Police Personnel: 1. All members should be reminded that their actions, demeanor, and general conduct are always subject to scrutiny. Therefore, Police personnel are reminded to refrain from displaying attitudes at crime scenes that can give the perception of insensitivity or unprofessional demeanor to the viewing public. Also, personnel will not deliberately pose the suspect for photographs near the scene of a crime or in photographs which connect him or her with the scene of the crime. B. Media Relations Unit: 1. Police personnel are reminded that the Commanding Officer, Media Relations Office represents the Police Commissioner and acts on his behalf on matters concerning the media. 2. Issues or questions involving members of the press or their conduct should immediately be referred to the Commanding Officer and staff of the Media Relations Office for remediation. They are readily available to provide support or assist police personnel with on-scene media activities and police-media relations. DIRECTIVE 4.16-5

3. The Media Relations Officer is available, either in person or via telephone, to: a. Respond to a scene to consult with an Incident Commander concerning the release of information to the media. b. Consult with any member, when the member is asked to participate in an interview with a news media representative. c. Prepare and distribute media alerts. d. Plan and guide press conferences when appropriate. e. Coordinate the authorized release of information concerning investigations and operations. 5. RELEASE OF INFORMATION REGARDING OFFICER INVOLVED SHOOTINGS (OIS) A. A press conference and/or an official press statement will be released by the Police Commissioner or designee within 72 hours of an officer involved shooting in which an individual was killed or wounded as a result of a weapons discharge by a member of the department. The information will include officer s name, years of service, assignment and duty status. 1. The officer(s) will be placed on Administrative Duty Status pending the outcome of the investigation. 2. The release will contain a preliminary summary stating the circumstances of the incident known at the time and based on the facts collected and confirmed by the investigators. The release will provide a brief synopsis of the incident, condition (injuries) of the individual, charges (if applicable), and the proceeding steps of the investigation. Names of the individual suspect or the officer will be released unless there are public safety concerns. 3. A preliminary summary based on the facts collected and confirmed by the investigators will be placed on the Philadelphia Police Department s website in the OIS (Officer Involved Shooting) section of the site. 4. The summary on the Department s website may be updated based on the department s further investigation of the incident. B. The First Deputy will ensure the following steps are followed: DIRECTIVE 4.16-6

1. Ensure Internal Affairs provides the involved officer with a Safeguard Protocol memorandum when the officer makes their official statement. 2. Ensure that Internal Affairs notifies the Deputy Commissioner, Patrol Operations, Criminal Intelligence, Police Radio and Public Affairs when the Safeguard Protocol is activated. C. The Commanding Officer, Criminal Intelligence in conjunction with DVIC Social Media Investigative Support Team (SMIST), will perform a threat assessment on the OIS within seventy two (72) hours prior to disclosure of the Officer s identity and prepare a report. 1. The results of the threat assessment report will be forwarded to the 1 st Deputy Commissioner Field Operations or his designee, who will review the threat assessment report with the involved Officer and their Commanding Officer. 2. Field Operations will offer to provide a security detail at the officer s residence, longer if needed, following the release of information in reference to the Officer Involved Shooting. If the officer(s) lives outside the city, patrol will work with the affected jurisdiction to provide coverage or provide the coverage necessary if the outside jurisdiction is unable to do so. The final decision to implement a security detail will be left to the officer s discretion. a. If the involved officer resides within the boundaries of Philadelphia, the detail will be assigned to the district where the officer resides. b. If the involved officer resides outside the boundaries of Philadelphia, the detail will be assigned to the officers district/unit of assignment if the outside jurisdiction is unable to provide coverage. c. If any conflict arises as a result of detail assignments, the First Deputy will have the final decision on how to provide the manpower for the security detail. 3. Police Radio will enter the officer s home address into CAD and give Priority 1 status to calls for help coming from that location. 4. If the officer lives outside the boundaries of Philadelphia, Field Operations will make a request to the appropriate jurisdiction to enter the officer s home address into their CAD and respond accordingly to calls for help coming from that location D. Commanding Officer, Criminal Intelligence in conjunction with the DVIC Social Media Investigative Support Team (SMIST) will contact the involved member and discuss ways they can review their social media footprint to minimize the amount of personal information posted on-line and discuss the steps they can take, if needed, to protect themselves against identity theft. DIRECTIVE 4.16-7

E. The office of Public Affairs will issue a press release when a domestic animal is killed by an officer. In animal shootings the name of the officer will not be released. RELATED PROCEDURES: P/C Memo 09-03, Pennsylvania Right to Know Law BY COMMAND OF THE POLICE COMMISSIONER FOOT NOTE GENERAL # DATE SENT REMARKS *1 1601 06-10-15 ADDITION DIRECTIVE 4.16-8

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 4.16 APPENDIX A Issued Date: 03-18-11 Effective Date: 03-18-11 Updated Date: SUBJECT: RELEASE OF INFORMATION TO COMMUNITY GROUPS 1. PURPOSE A. Philadelphia Police Department crime fighting efforts are often supported by neighborhood groups, civic associations, and Town Watch members. It is important for us to have their support and we should encourage that support whenever possible. If we expect these neighborhood groups to be our partners, we should assist them in knowing where to look and listen. Sharing current crime information is not only permitted it is encouraged. 2. RELEASABLE INFORMATION A. District/unit Commanding Officers or their designee may share the following information about their district/unit with any community group working with the Police Department to reduce crime and the fear of crime in their neighborhood: Crime maps - icons only - no specific addresses. CompStat data - with disclaimer that data is subject to further investigation and reclassification. Part One sheets - deleting names and addresses of victims, witnesses, and suspects. Wanted flyers Composite sketches Crime Pattern bulletins B. Requests for crime information pursuant to the federal law The Jeanne Cleary Act shall be directed to the Police Commissioner s Office in writing, and the appropriate response will be made. C. It is reasonable that neighborhood groups (in addition to the media) will want information about ongoing incidents (i.e., barricaded persons.) Information should be provided with the exception of statements concerning Departmental policy or opinions concerning Departmental policy. DIRECTIVE 4.16-1 APPENDIX A

D. If a situation develops where specific information is requested and there is some concern over the release of the information, please refer to Directive 4.16, Media Relations or contact the Media Relations Office. In all situations where information related to an on-going incident is provided, the Media Relations Unit will be notified. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 4.16-2 APPENDIX A

PHILADELPHIA POLICE DEPARTMENT WAIVER AND RELEASE TO PARTICIPATE IN A RIDE ALONG For purpose of this Waiver and Release, I understand that a Ride Along includes, but is not limited to, physically accompanying and observing a member or members of the Philadelphia Police Department while on patrol or otherwise performing official duties, which will include entering police facilities or other city-owned or leased premises. I also understand and agree that in consideration of being permitted to participate in a Ride Along: a. That I shall follow the instructions of the police officer and/or any other representative of the Philadelphia Police Department. b. That I shall not place myself in a position which interferes, obstructs, or inhibits the ability of any Police Officer to perform his or her duty. c. That I shall not enter into any area or scene under the control of law enforcement personnel unless approved by the on scene commander or supervisor. d. That I shall not enter or photograph the interior of any private premises, dwelling or property. e. That the Police Department is under no obligation to provide me a ballistic vest or any other additional safety equipment and that failure to provide a ballistic vest or any other additional safety equipment shall not negate any waivers, releases and indemnifications agreed to in this document. f. That the Philadelphia Police Department may terminate any Ride Along for any reason. So, understanding and agreeing to the above provisions, and in consideration of being permitted to participate in a Ride Along, on behalf of myself, my personal representative, executors, administrators, heirs, assigns, and employer, if applicable, do forever release, discharge and hold harmless the City of Philadelphia, its agents and employees, from any and all claims, lawsuits and/or liability accrued and hereafter to accrue on account of and from any and all actions, claims, lawsuits and demands of any kind resulting from any property damage and/or personal injury or death which I may incur during or otherwise related to the period of time that I am participating in any aspect, component or reasonably anticipated indirect activity associated with a Ride Along. 75-621 (Rev. 3-11)

Additionally, on behalf of myself, my personal representative, executors, administrators, heirs, assigns, and employer, if applicable, I further understand and agree to indemnify, defend, and hold harmless the City of Philadelphia, its officials, employees and agents from any and all claims, lawsuits, actions, demands, losses, damages or expenses which arise as a result of my presence and/or actions during or subsequent to a Ride Along and, if applicable, the presence and/or actions of my employer/organization during or subsequent to a Ride Along. I am agreeing to and signing this Waiver and Release only after the details and potential risks of a Ride Along have been explained to me and I have been given the opportunity to ask any questions and/or decline to participate on the Ride Along. Furthermore, by signing this document on behalf of myself, my personal representative, executors, administrators, heirs, assigns, and employer, if applicable I warrant and affirm that I fully understand all the terms and conditions and possess the lawful capacity to enter this Waiver and Release. FULL NAME (please print) ADDRESS (please print) CITY STATE ZIP SIGNATURE DATE EMPLOYER IF APPLICABLE (please print official business name) PERSON TO BE CONTACTED IN CASE OF EMERGENCY: NAME (please print) RELATIONSHIP ADDRESS (Please print) CITY STATE ZIP PHONE NUMBER WITNESS (please print PPD Employee name, rank, and Payroll No.) DATE 75-621 (Rev. 3-11)