The Santa Cruz Police Department Policy Manual provides the framework to perform our law enforcement mission. These policies have been established as a result of an ever-changing assimilation of legal and best-practice principles in the law enforcement profession. These policies, coupled with professional training, provide you with the tools to carry out your law enforcement responsibilities. We are tasked with providing effective service to our community in a professional and ethical manner. All members of this department are held to the highest standard by the citizens we serve and adherence to these policies is one of the requirements of these standards. As the Chief of Police, I am honored to work with such a dedicated group of individuals.
Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop selfrestraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement.
Table of Contents LAW ENFORCEMENT CODE OF ETHICS... 2 TABLE OF CONTENTS... 3 CHAPTER 1 LAW ENFORCEMENT ROLE & AUTHORITY... 6 LAW ENFORCEMENT AUTHORITY... 7 CHIEF EXECUTIVE... 8 OATH OF OFFICE...9 SANTA CRUZ POLICY MANUAL... 10 CHAPTER 2 ORGANIZATION & ADMINISTRATION... 13 ORGANIZATIONAL STRUCTURE & RESPONSIBILITY... 14 ORGANIZATIONAL CHART... 15 DEPARTMENTAL DIRECTIVES... 16 DISASTER PLAN...17 TRAINING POLICY... 19 ELECTRONIC MAIL... 20 CELLULAR TELEPHONES... 21 ADMINISTRATIVE COMMUNICATIONS... 22 STAFFING LEVELS... 23 CONCEALED WEAPONS PERMITS... 24 RETIRED OFFICER CCW ENDORSEMENTS... 31 CHAPTER 3 GENERAL OPERATIONS... 33 USE OF FORCE... 34 FIREARMS DISCHARGE POLICY... 40 LEG RESTRAINT DEVICE... 42 CONTROL DEVICES AND TECHNIQUES... 44 OFFICER INVOLVED SHOOTING... 53 FIREARMS... 67 VEHICLE PURSUIT POLICY... 74 OFFICER RESPONSE TO CALLS... 83 POLICE SERVICE DOG PROGRAM... 86 DOMESTIC VIOLENCE... 92 SEARCH & SEIZURE... 103 TEMPORARY CUSTODY OF JUVENILES... 106 ELDER ABUSE... 110 DISCRIMINATORY HARASSMENT... 113 Table of Contents - 3
CHILD ABUSE REPORTING... 117 MISSING PERSON REPORTING... 119 AMBER ALERTS... 123 VICTIM WITNESS ASSISTANCE PROGRAM... 127 HATE CRIMES... 129 STANDARDS OF CONDUCT AND DISCIPLINE... 132 DEPARTMENT COMPUTER USE... 150 REPORT PREPARATION... 152 NEWS MEDIA RELATIONS... 154 COURT APPEARANCE & SUBPOENAS... 157 RESERVE OFFICERS... 160 OUTSIDE AGENCY ASSISTANCE... 165 HANDCUFF POLICY... 166 MEGAN S LAW... 167 MAJOR INCIDENT NOTIFICATION... 171 DEATH INVESTIGATION... 173 IDENTITY THEFT... 174 PRIVATE PERSONS ARRESTS... 175 ANTI-REPRODUCTIVE RIGHTS CRIMES REPORTING... 177 MANDATORY SCHOOL EMPLOYEE REPORTING... 179 CHAPTER 4 PATROL OPERATIONS... 180 PATROL FUNCTION... 181 RACIAL PROFILING... 182 ROLL CALL TRAINING... 184 CRIME & DISASTER SCENE INTEGRITY... 185 EMERGENCY SERVICES UNIT... 187 RIDE-ALONG POLICY... 196 HAZARDOUS MATERIAL RESPONSE... 199 HOSTAGES & BARRICADED SUSPECTS... 200 RESPONSE TO BOMB CALLS... 201 MENTAL ILLNESS COMMITMENTS... 204 CITE & RELEASE POLICY... 206 ARREST OR DETENTION OF FOREIGN NATIONALS... 208 REPORTING POLICE ACTIVITY OUTSIDE OF CITY... 215 AIRCRAFT ACCIDENTS... 216 FIELD TRAINING OFFICER PROGRAM... 218 PHOTOGRAPHING OF FIELD DETAINEES... 221 CRIMINAL STREET GANGS... 224 MOBILE AUDIO VIDEO PROCEDURE... 228 MOBILE DIGITAL COMPUTER USE... 231 USE OF AUDIO/DIGITAL RECORDERS... 232 Table of Contents - 4
CHAPTER 5 TRAFFIC OPERATIONS... 233 TRAFFIC COLLISION REPORTING... 234 DISABLED MOTORISTS... 235 ADMINISTRATIVE PER SE LAW (APS)... 236 CHAPTER 6 INVESTIGATION OPERATIONS... 239 SEXUAL ASSAULT VICTIMS DNA RIGHTS... 240 ASSET FORFEITURE POLICY... 242 CONFIDENTIAL INFORMANTS/MINOR DECOY... 245 EXPERT INFORMATION ACCOUNT... 250 CHAPTER 8 SUPPORT SERVICES... 253 PROPERTY PROCEDURES... 254 RESTORATION OF FIREARM SERIAL NUMBERS... 259 RELEASE OF RECORDS & INFORMATION... 261 CRIMINAL OFFENDER RECORD INFORMATION (CORI)... 264 CHAPTER 10 PERSONNEL... 267 ABSENCES/TIME OFF... 268 SCHEDULING PERSONNEL... 276 HIV TESTING PROCEDURE... 280 PEER COUNSELING... 282 COMMUNICABLE DISEASES... 285 SMOKING POLICY... 290 SEAT BELT PROCEDURE... 291 OFF-DUTY EMPLOYMENT... 292 UNIFORM SPECIFICATIONS AND... 295 PERSONAL APPEARANCE... 295 INDEX... 323 Table of Contents - 5
Chapter 1 Law Enforcement Role & Authority
Section 100 SANTA CRUZ POLICE DEPARTMENT Law Enforcement Authority 100.1 PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority. This Department does not tolerate abuse of law enforcement authority. 100.2 PEACE OFFICER POWERS Sworn members of this Department shall be considered peace officers pursuant to Penal Code 830.1. The authority of any such peace officer extends to any place in the State of California, as follows: As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision which employs the peace officer; or Where the peace officer has the prior consent of the chief of police, or person authorized by him or her to give consent, if the place is within a city or of the sheriff, or person authorized by him or her to give such consent, if the place is within a county; or As to any public offense committed or which there is probable cause to believe has been committed in the peace officer s presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. 100.3 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person s clearly established rights under the United States and California Constitutions. Law Enforcement Authority - 7
Section 102 SANTA CRUZ POLICE DEPARTMENT Chief Executive 102.1 PURPOSE AND SCOPE The POST (Peace Officer Standards & Training) Commission has determined that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. 102.11 CHIEF EXECUTIVE OFFICER Any Chief Executive Officer of this Department appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment. Chief Executive - 8
Section 104 SANTA CRUZ POLICE DEPARTMENT Oath of Office 104.1 PURPOSE AND SCOPE Officers of this Department are sworn to enforce the law and uphold the federal and state constitutions and the municipal laws of the City of Santa Cruz. 104.11 OATH OF OFFICE Upon employment, all sworn employees shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer. Oath of Office - 9
Section 106 SANTA CRUZ POLICE DEPARTMENT Santa Cruz Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Santa Cruz Police Department is hereby established and shall be referred to as The Policy Manual. The Policy Manual is a statement of the current policies, procedures, rules and guidelines of this Department. All employees of the Department are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations which are in conflict with this manual are revoked, except to the extent that portions of existing manuals, orders and other regulations which have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. Except where otherwise expressly stated, the provisions of this manual are to be considered as Department guidelines. It is recognized, however, that police work is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this Department under the circumstances reasonably available at the time of any incident. 106.2 RESPONSIBILITIES The ultimate responsibility for the contents of the manual rests with the Chief of Police. Since it is not practical for the Chief of Police to prepare and maintain the manual, the following delegations have been made: 106.21 CHIEF OF POLICE The Chief of Police shall be considered the ultimate authority for the provisions of this manual and shall continue to issue Departmental Directives which shall modify those provisions of the manual to which they pertain. The Departmental Directives shall remain in effect until incorporated into the manual on an annual basis. 106.22 STAFF Staff shall consist of the Chief of Police, Deputy Chief of Police from each division, and the Lieutenants. Staff shall review all recommendations regarding proposed changes to the manual at Staff meetings. 106.23 OTHER PERSONNEL All Department employees suggesting revision of the contents of the Policy Manual shall forward their suggestion, in writing, to their Deputy Chief who will consider the recommendation and forward to Staff. 106.3 FORMATTING CONVENTIONS FOR THE POLICY MANUAL The purpose of this section is to provide examples of abbreviations and definitions used in this manual. Santa Cruz Policy Manual - 10
106.31 ACCEPTABLE ABBREVIATIONS The following abbreviations are acceptable substitutions in the manual and as footnotes. Footnotes are placed three spaces below the last line of text in the left-hand margin. Departmental Directives may be abbreviated as DD. Policy Manual Sections may be abbreviated as Section 106.X or 106.X. 106.32 DEFINITIONS The following words and terms shall have these assigned meanings, unless it is apparent from the content that they have a different meaning. Adult CHP Department DMV Employee/Personnel Juvenile Manual Member Officer/Sworn On-Duty Order Rank Shall Should (or may) Shall mean any person eighteen years of age or older. Shall refer to the California Highway Patrol. Shall mean the Santa Cruz Police Department. Shall refer to the Department of Motor Vehicles. Apply to any person employed by the Department. Shall mean any person under the age of eighteen years. Shall refer to the Santa Cruz Police Department Policy Manual. Term applied to all persons who are employed by the police department and shall include sworn officers and civilian employees. This includes reserve officers and volunteers. Applies to those employees, regardless of rank, who are sworn employees of the City of Santa Cruz. Employee status during the period when he/she is actually engaged in the performance of his or her assigned duties. An instruction either written or verbal issued by a superior. Shall mean the title of the classification held by an officer. Indicates a mandatory action. Indicates a permissive or discretionary action. 106.33 DISTRIBUTION OF MANUAL Copies of the department manual shall be issued in the following locations: Chief of Police Deputy Chiefs Professional Standards Unit Training Unit Watch Commander Field Sergeant s Office Investigation Section Report Writing Room. Santa Cruz Policy Manual - 11
A computerized version of the Policy Manual will be made available on the Department network for access by all employees. The computerized version will be limited to viewing and printing of specific sections. No changes shall be made to the electronic version without authorization from Staff. Santa Cruz Policy Manual - 12
Chapter 2 Organization & Administration
Section 200 SANTA CRUZ POLICE DEPARTMENT Organizational Structure & Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of this Department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.2 DIVISIONS The Chief of Police is responsible for administering and managing the Santa Cruz Police Department. There are two divisions in the Police Department as follows: Administration Division Operations Division 200.21 ADMINISTRATION DIVISION The Administration Division is commanded by a Deputy Chief of Police whose primary responsibility is to provide general management direction and control for the Administration Division. The Administrative Division consists of the Investigations Section, Records Section and Administrative Section. 200.22 OPERATIONS DIVISION The Operations Division is commanded by a Deputy Chief of Police whose primary responsibility is to provide general management direction and control for that division. The Operations Division which consists of the Patrol Section, Traffic Section, and the Community Services Section. Organizational Structure & Responsibility - 14
Section 202 SANTA CRUZ POLICE DEPARTMENT Organizational Chart Organizational Chart - 15
Section 204 SANTA CRUZ POLICE DEPARTMENT Departmental Directives 204.1 PURPOSE AND SCOPE Departmental Directives establish an inter-departmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code 3500 et. seq. Departmental Directives will immediately modify or change and supersede sections of this manual to which they pertain. 204.11 DIRECTIVE PROTOCOL Directives will be incorporated into the manual as required upon approval of Staff. Each year the Directive(s) will modify existing policies or create a new policy as appropriate. Once the directive has been incorporated into the manual as policy, it will be rescinded. All existing Directives have now been incorporated in the updated Policy Manual, revised January 2006. Directives issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 1, etc. For example, 06-1 would be the first directive for 2006. 204.2 RESPONSIBILITIES 204.21 STAFF The Staff shall review and approve revisions of the manual, which will incorporate changes originally made by Departmental Directives. 204.22 CHIEF OF POLICE The Chief of Police shall issue all Departmental Directives. Departmental Directives - 16
Section 206 SANTA CRUZ POLICE DEPARTMENT Disaster Plan 206.1 PURPOSE AND SCOPE The City of Santa Cruz has prepared an Emergency Management Plan Manual for use by all city employees in the event of a major disaster or other emergency event. The manual provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated. 206.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated in a number of ways. For the Police Department, the Chief of Police or the highest-ranking official on duty may activate the Emergency plan in response to a major emergency. 206.3 LOCATION OF MANUALS The manual for the employees is available in Administration and the Watch Commander's office and may also be found on the City s Intranet Website. All supervisors should familiarize themselves with the Emergency Management Plan and what roles police personnel will play when the plan is implemented. 206.4 RESIDENCY REQUIREMENTS The Santa Cruz Police Department does not have a mileage residency requirement. Definition: A residence is defined as the primary place that an employee maintains as their domicile. It is the address where they live and claim as their residence for tax and voting purposes. 206.41 RESIDENCY REQUIREMENT The only residency requirement for Police Department personnel is that personnel will be able to respond from their place of residence to the Department within a reasonable amount of time during emergency and as needed situations. 206.42 DEPARTMENT EMPLOYEES When establishing residency the following shall be considered: 1. All factors must be considered such as speed limits, roadway designations, traffic during commuter times, etc. 2. All-weather roadways must exist as the most direct route. 3. Employees must maintain uninterrupted telephone service. 4. No special consideration will be given to employees for shift, callback, or court attendance based on their residency. 5. All employees are expected to report to work on time. Distance from the Department is not a mitigating factor for reporting late to work. Disaster Plan - 17
206.43 MAINTAINING ACCURATE ADDRESS AND TELEPHONE INFORMATION All department employees will immediately notify the Police Administration Division if there is a change of their residence address or telephone number. The notification will be in writing on a To/From Memorandum, or Department e-mail. The original shall be sent to the Administration Division with a copy to the employee's division commander. 1. The Administration Division shall be responsible for updating the police employee residence and telephone list. Disaster Plan - 18
Section 208 SANTA CRUZ POLICE DEPARTMENT Training Policy 208.1 PURPOSE AND SCOPE The policy of the Santa Cruz Police Department is to administer a training program that will provide for the professional growth and continued development of its personnel. By so doing, the police department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 208.2 PHILOSOPHY The Santa Cruz Police Department seeks to provide on-going training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Department will use courses certified by the California Commission on Peace Officer Standards and Training (POST). 208.3 OBJECTIVES The objectives of the Santa Cruz Police Department's training program are to: Enhance the level of law enforcement service to the public; Increase the technical expertise and overall effectiveness of our personnel; Provide for continued professional development of department personnel. 208.4 TRAINING PLAN A training plan will be developed and maintained by the Training Unit. It is the responsibility of the Training Sergeant to maintain, review, and update the Training Plan on an annual basis. The plan will address the following areas: Legislative changes and case law; State mandated training; Supplemental training for personnel. 208.5 TRAINING NEEDS ASSESSMENT The Training Unit will conduct an annual training-needs assessment of the Police Department. The needs assessment will be reviewed by the Police Department's Staff. Upon approval of the Staff, the needs assessment will form the basis for the Training Plan for the fiscal year. 208.51 TRAINING RECORDS The Training Unit shall maintain training records for all department personnel. Training Policy - 19
Section 212 SANTA CRUZ POLICE DEPARTMENT Electronic Mail 212.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of electronic mail (e-mail) by employees of this Department. E-mail is a communication tool available to Department employees to enhance the efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g. California Public Records Act). Messages transmitted over the e-mail system must only be those that involve City business activities or contain information essential to City employees for the accomplishment of business-related tasks, and/or communication directly related to City business, administration or practices. 212.2 E-MAIL RIGHT OF PRIVACY All e-mail messages transmitted over the computer network are considered Department records and, therefore, the property of the Police Department. The City reserves the right to access, audit and disclose, for whatever reason, all messages transmitted over its e-mail system or placed into its storage. The e-mail system is not a confidential system since all communications transmitted on the system are the property of the City. Therefore, the e-mail system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of e-mail. Employees using the Department s e-mail system shall have no expectation of privacy concerning communications in the system. 212.3 PROHIBITED USE OF E-MAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, and harassing or any other inappropriate messages on the e-mail system will not be tolerated. E-mail messages addressed to "all city users" are only to be used for city business related items that are of particular interest to all users and must be approved by the Chief of Police or a Deputy Chief. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user s name. Users shall log off the network when their computer is unattended. This added security measure would prevent the misuse of an individual s e-mail, name and/or password by others. 212.4 MANAGEMENT OF E-MAIL Because the e-mail system is not designed for long-term retention of messages, e-mail that the employee desires to save or that becomes part of an official record should be printed. Users of e-mail are solely responsible for the management of their mailboxes. Messages should be purged manually by the user at least once per week. All messages in excess of one month will be deleted at regular intervals from the server computer. Electronic Mail - 20
Section 213 SANTA CRUZ POLICE DEPARTMENT Cellular Telephones 213.1 POLICY To improve Public Safety Communications through use of cell phone technology, cell phones shall be issued to all sworn and selected non-sworn personnel. 213.2 PROCEDURE General Provisions and Guidelines (d) (e) All cellular telephone equipment requisitions, repairs, etc. will be coordinated through the Department Cell Phone Coordinator. Employees issued cell phones shall carry them while on duty in a ready status. Cell phones are intended to take advantage of technology and to improve our public safety communications ability, particularly as it relates to intradepartmental communications and allied agency communications. The direct connect radio feature shall be used whenever practical. As with all police communication equipment, transmissions will always be professional in nature. Use of the telephone feature shall be used only when a regular wired telephone is not available. There is no requirement to carry the cell phone when off-duty in a non-paid status. No salary or hourly wage shall be paid or reimbursed for carrying the phone off-duty. If you choose to carry the cell phone off-duty, it is permissible, as the cell phone has both a radio and pager feature that can be accessed/used at no additional cost to the City or user. From a practical standpoint, on occasion (primarily when off-duty) the City realizes the cell phone may be used for a personal use. Personal use is defined as a non-work related phone call, e.g., calling home to say you are working late is considered work-related. Reimbursement shall be necessary for personal phone calls whenever the individual telephone exceeds the allotted standard monthly minutes (currently 200 minutes per month). Excessive use of non-work phone calls on-duty is prohibited. All cell phone bills shall be monitored/audited on a monthly basis. Reimbursement: When reimbursement is necessary it will be at the provider s per minute rate. All reimbursements shall be made payable to the City of Santa Cruz and forwarded to the Employee s Deputy Chief or designee. Cellular Telephones - 21
Section 214 SANTA CRUZ POLICE DEPARTMENT Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this Department are governed by the following policies: 214.2 PERSONNEL ORDERS Memorandums may be issued periodically by the Chief of Police, or Deputy Chief, to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 214.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Santa Cruz Police Department is not misused, all external correspondence shall be on Department letterhead. Personnel shall use Department letterhead only for official business and with approval of the Deputy Chief. 214.4 DEPARTMENT SURVEYS All surveys made in the name of the Santa Cruz Police Department shall be authorized by the Chief of Police or a Deputy Chief. Administrative Communications - 22
Section 216 SANTA CRUZ POLICE DEPARTMENT Staffing Levels 216.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the Department's need to meet operational requirements. 216.2 MINIMUM STAFFING LEVELS Minimum staffing levels should result in the scheduling of at least one regular supervisor on duty whenever possible. Watch Commanders will ensure that at least one field supervisor is deployed during each watch, in addition to the Watch Commander. Staffing Levels - 23
Section 218 SANTA CRUZ POLICE DEPARTMENT Concealed Weapons Permits 218.1 PURPOSE AND SCOPE The Chief of Police is given the statutory discretion to issue a license to carry a concealed firearm to residents within the community. This policy will provide a written process for the application and issuance of such licenses. Pursuant to Penal Code 12050.2, this policy shall be made accessible to the public. Nothing in this policy shall be construed to require the Chief of Police to issue a Concealed Weapons Permit at any time. The issuance of any such license shall only be pursuant to the terms and conditions of this policy and applicable law. Nor shall anything in this policy preclude the Chief of Police from entering into an agreement with the Sheriff to process all applications and licenses for the carrying of concealed weapons. Penal Code 12050(g). 218.2 QUALIFIED APPLICANTS In order to apply for a license to carry a concealed weapon, the applicant must: (d) (e) (f) (g) (h) (i) (j) (k) Be a resident of the City of Santa Cruz; Be at least twenty-one (21) years of age; Fully complete an application that will include substantial personal information. (NOTE: Much of the information in the application may be subject to public release under the Public Records Act.); Be free from criminal convictions that would disqualify the applicant from carrying a concealed weapon. (NOTE: Fingerprints will be required and a complete criminal background check will be conducted.); Be of good moral character. Show good cause for the issuance of the license. Pay all associated application fees (NOTE: These fees are set by statute and may not be refunded if the application is denied.); Provide proof of ownership and registration of any weapon to be licensed for concealment; Provide at least three (3) letters of character reference; Be free from any medical and psychological conditions that might make the applicant unsuitable for carrying a concealed weapon; Complete required training. October 2004 Lexipol, LLC Concealed Weapons Permits - 24
218.3 APPLICATION PROCESS The application process for a license to carry a concealed weapon shall consist of two phases. Upon the successful completion of each phase, the applicant will be advanced to the next phase until the process is completed and the license is either issued or denied. 218.31 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (d) (e) Any individual wishing to apply for a license to carry a concealed weapon shall first fully complete a Concealed Weapons Permit Application to be signed under penalty of perjury. It is against the law to knowingly make any false statements on such an application. Penal Code 12051 (b & c). 1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a lie detector examination. At the time the completed application is submitted, the applicant shall submit a check made payable to Department of Justice for the required application fee along with a separate check made payable to City of Santa Cruz for a non-refundable 20% of the City s application fee to cover the cost of processing. 1. The City s current application fee is $100.00. This fee does not include any additional fees required for fingerprints, training or psychological testing. 2. Full payment of the remainder of the application fee will be required upon issuance of a license. 3. Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code 830.6 or. Penal Code 12050 (1)(C). The applicant shall also be required to submit two (2) full sets of fingerprints, one of which will be retained by the Department and the other of which will be submitted to DOJ for a complete criminal background check. Two recent passport size photos (2 x2 ) of the applicant shall also be submitted for Department use. (NOTE: Fingerprint and photograph fees will be in addition to application fees.) No person determined to fall within a prohibited class described in Penal Code 12021 or 12021.1 or Welfare & Institutions Code 8100 or 8103 may be issued a license to carry a concealed weapon. The applicant shall also submit at least three (3) signed letters of character reference from individuals other than relatives. The applicant shall submit proof of ownership and registration of each weapon to be licensed for concealment. Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of or during phase one, the applicant shall be notified in writing within ninety (90) days of the initial application or within Concealed Weapons Permits - 25
thirty (30) days after receipt of the applicant s criminal background check from DOJ, whichever is later. Penal Code 12052.5 218.32 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (d) (e) (f) Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or authorized designee. During this stage, there will be further discussion of the applicant s statement of good cause and any potential restrictions or conditions that might be placed on the license. The applicant shall provide written evidence from a licensed physician that the applicant is not currently suffering from any medical condition that would make the individual unsuitable for carrying a concealed weapon. (NOTE: All costs associated with this requirement shall be paid by the applicant.) Failure to provide satisfactory evidence of medical fitness shall result in removal of the applicant from further consideration. The Chief of Police may also require that the applicant be referred to an authorized psychologist used by the Department for psychological testing in order to determine the applicant s suitability for carrying a concealed weapon. (NOTE: The cost of such psychological testing (not to exceed $150.00) shall be paid by the applicant.) This testing is not intended to certify that the applicant is psychologically fit to carry a weapon. It is instead designed to determine whether an applicant has any outward indications or history of psychological problems that might render him/her unfit to carry a concealed weapon. If it is psychologically determined that the applicant is not a suitable candidate for carrying a concealed weapon, the applicant shall be removed from further consideration. The applicant shall complete a POST certified firearms safety and training course (Penal Code 832) at a community college. The applicant shall submit any weapon to be considered for a license to the departmentally authorized gunsmith for a full safety inspection. The Chief of Police reserves the right to deny a license for any weapon from an unrecognized manufacturer or any weapon that has been altered from the manufacturer s specifications. The applicant shall successfully complete a firearms safety and proficiency examination with the weapon to be licensed, to be administered by the Department s Rangemaster or proof of successful completion of another departmentally approved firearms safety and proficiency examination, including completion of all releases and other forms. (NOTE: Cost of any outside inspection/examination shall be the responsibility of the applicant.) Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a concealed weapon will either be granted or denied. Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within ninety (90) days of the initial application or within thirty (30) days after receipt of the applicant s criminal background check from DOJ, whichever is later. Penal Code 12052.5. Concealed Weapons Permits - 26
218.4 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED WEAPON An individual who is not a resident of the City of Santa Cruz, but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to the following: (d) The applicant physically spends a substantial period of working hours in the applicant s principal place of employment or business within the City of Santa Cruz; Such a license will be valid for a period not to exceed ninety (90) days from the date of issuance; The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides; Any application for renewal or re issuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides. 218.5 ISSUED CONCEALED WEAPONS PERMITS In the event that a license to carry a concealed weapon is issued by the Chief of Police, the following shall apply: (d) The license will not be valid outside the state of California; The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the concealed firearm. 1. All such restrictions or conditions shall be conspicuously noted on any license issued. Penal Code 12050. 2. The licensee will be required to sign a Restrictions and Conditions Agreement. (Any violation of any of the restrictions and conditions may result in the immediate revocation of the license.) The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of weapon, restrictions and other pertinent information clearly visible. 1. Each license shall be numbered and clearly identify the licensee. 2. All licenses shall be subjected to inspection by the Chief of Police or any police officer. The license will be valid for a period not to exceed two (2) years from the date of issuance. 1. A license issued to state or federal magistrate, commissioner or judge will be valid for a period not to exceed three (3) years. 2. A license issued to any reserve peace officer as defined in Penal Code 830.6 or, or a custodial officer employed by the Sheriff as provided in Penal Code 831.5 will be valid for a period not to exceed four (4) years, Concealed Weapons Permits - 27
(e) except that such license shall be invalid upon the individual s conclusion of service as a reserve officer. The licensee shall notify this Department in writing within ten (10) days of any change of place of residency. If the licensee moves out of the county of issuance, the license shall expire ninety (90) days after the licensee has moved. 218.51 LICENSE RESTRICTIONS (d) The Chief of Police may place special restrictions limiting time, place and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from any of the following: 1. Consuming any alcoholic beverage while armed; or 2. Falsely representing him or herself as a peace officer; or 3. Unjustified or unreasonable displaying of a weapon; or 4. Committing any crime; or 5. Being under the influence of any medication or drug while armed; or 6. Interfering with any law enforcement officer s duties; or 7. Refusing to display his/her license or weapon for inspection upon demand of any peace officer. The Chief of Police reserves the right to inspect any license or licensed weapon at any time. Any ammunition carried in a weapon licensed to be carried concealed, shall be inspected and approved by the Department s rangemaster/armorer. The carrying of any other ammunition in a licensed weapon shall be grounds for revocation. The alteration of any previously approved weapon including, but not limited to adjusting trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation. 218.52 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with a processing fee of ten dollars ($10) to the Department in order to accomplish one or more of the following: Add or delete authority to carry a firearm listed on the license; or Change restrictions or conditions previously placed on the license; or Change the address or other personal information of the licensee. In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment(s). An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license. Concealed Weapons Permits - 28
218.53 REVOCATION OF LICENSES Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons: (d) (e) If the licensee has violated any of the restrictions or conditions placed upon the license; or If the licensee becomes medically or psychologically unsuitable to carry a concealed weapon; or If the licensee is determined to be within a prohibited class described in Penal Code 12021 or 12021.1 or Welfare & Institutions Code 8100 or 8103; or If the licensee engages in any conduct which involves a lack of good moral character or might otherwise remove the good cause for the original issuance of the license; or If the licensee establishes residency outside the City of Santa Cruz. The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein. If any license is revoked, the Department will immediately notify the licensee and the Department of Justice pursuant to Penal Code 12053. 218.54 LICENSE RENEWAL No later than ninety (90) days prior to the expiration of any valid license to carry a concealed weapon, the licensee may apply to the Chief of Police for a renewal by completing the following: Verifying all information submitted in the original application under penalty of perjury; Taking an authorized training course of no less than four (4) hours including firearms safety and the laws regarding the permissible use of a firearm; Submitting any weapon to be considered for a license renewal to the Department s Rangemaster for a full safety inspection. The renewal applicant shall also successfully complete a firearms safety and proficiency examination with the weapon to be relicensed, to be administered by the Department s Rangemaster, including completion of all releases and other forms; (d) Payment of a non-refundable renewal application fee of $25.00. Once the Chief of Police or authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a concealed weapon will either be granted or denied. Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal. Whether an application for renewal is approved or denied, the applicant shall be notified in writing within ninety (90) days of the renewal application or within thirty (30) days after receipt of the applicant s criminal background check from DOJ, whichever is later. Penal Code 12052.5 Concealed Weapons Permits - 29
218.6 DEPARTMENT REPORTING AND RECORDS Pursuant to Penal Code 12053, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the Department of Justice: (d) (e) The denial of a license; The denial of an amendment to a license; The issuance of a license; The amendment of a license; The revocation of a license. The Chief of Police shall also annually submit to the state Attorney General the total number of licenses to carry concealed weapons issued to reserve peace officers and judges. 218.7 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, magistrate, commissioner or judge contained in any application or license shall not be considered public record. Government Code 6254(u)(2). Any information in any application or license which tends to indicate when or where the applicant is vulnerable to attack or that concerns the applicant s medical or psychological history or that of his or her family shall not be considered public record. Government Code 6254(u)(1). Concealed Weapons Permits - 30
Section 220 SANTA CRUZ POLICE DEPARTMENT Retired Officer CCW Endorsements 220.1 PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance, revocation, and denial of a concealed weapons (CCW) endorsement for retired officers of this Department. 220.2 QUALIFIED RETIREES Any full time sworn officer of this Department who was authorized to, and did, carry a concealed firearm during the course and scope of their employment shall be issued an identification card with a CCW Approved endorsement upon honorable retirement. [Penal Code 12027(1)(D)]. For the purpose of this policy, Honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement; however, shall not include any officer who retires in lieu of termination. No CCW Approved endorsement shall be issued to any officer retiring because of a psychiatric disability. 220.3 MAINTAINING A CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card, the retired officer shall: Qualify annually with the authorized firearm at a course approved by this Department at the retired officer s expense. Upon verification by this Department that all annual requirements have been met by an otherwise qualified retired officer, the CCW Approved endorsement shall be re-stamped and dated. Remain subject to all department rules and policies as well as all federal, state and local laws. [Penal Code 12027.1(2)] Only be authorized to carry a concealed firearm inspected and approved by the Department. 220.4 CARRYING FIREARMS OUT OF STATE Subject to 18 USC 926C and Policy Manual 312.8, qualified retired officers of this Department may be authorized to carry a concealed weapon in other states. 220.5 IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be 2 x 3 inches and minimally contain the following [Penal Code 12027(1)(D)]: Photograph of the retiree October 2004 Lexipol, LLC Retired Officer CCW Endorsements - 31
(d) (e) Retiree s name, address and date of birth; Date of retirement; Name and address of this Department; A stamped endorsement CCW Approved along with the date by which the endorsement must be renewed (not more than one year) or, in the case in which a CCW endorsement has been denied or revoked, the identification card shall be stamped No CCW Privilege. 220.6 DENIAL OR REVOCATION OF CCW ENDORSEMENT The CCW endorsement for any officer retired from this Department may be denied or revoked only upon a showing of good cause. Good cause, if challenged, shall be determined in the following manner: (d) (e) In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. [Penal Code 12027.1(3)]. Prior to revocation of any CCW endorsement, the Department shall provide the affected retiree with written notice of hearing by either personal service or First Class mail, postage prepaid, return receipt requested to the retiree s last known address. [Penal Code 12027.1(2)]. 1. The retiree shall have 15 days from the Department s verification of service to file a written request for a hearing. 2. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. If timely requested, the hearing for the denial or revocation of any CCW endorsement shall be composed of three members, one selected by the Department, one selected by the retiree or his/her employee organization and one selected jointly. [Penal Code 12027.1(d)]. The decision of such hearing board shall be binding on the Department and the retiree. Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Department will then reissue a new identification card which shall be stamped No CCW Privilege. Retired Officer CCW Endorsements - 32
Chapter 3 General Operations
Section 300 SANTA CRUZ POLICE DEPARTMENT Use of Force 300.1 PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force is a serious responsibility. The purpose of this policy is to provide officers of this department with guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, each officer is expected to use these guidelines to make such decisions in a professional, impartial and safe manner. 300.11 PHILOSOPHY The use of force by law enforcement personnel is a matter of critical concern both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied human encounters and, when warranted, may use force in carrying out their duties. Officers must have an understanding of, and true appreciation for, the limitations of their authority. This is especially true with respect to officers overcoming resistance while engaged in the performance of their duties. This department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use reasonable force and protect the public welfare requires a careful balancing of all human interests. 300.2 POLICY It is the policy of this Department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. "Reasonableness" of the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of "reasonableness" must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation. 300.21 PENAL CODE 835 Any peace officer that has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to affect the arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance of the person being arrested; nor shall such officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. Use of Force - 34