Model Policy on Racial Profiling

1. Purpose
The purpose of this policy is to unequivocally state that racial and ethnic profiling in law enforcement are unacceptable, to provide guidelines for officers to prevent such occurrences, to provide guidelines for proper discipline should an allegation of racial profiling be substantiated, and to protect law enforcement officers when they act within the dictates of the law and policy from unwarranted accusations.

2. Definition
"Racial profiling" can be defined as any law enforcement-initiated action that relies upon the race or ethnicity of an individual, rather than the behavior of that individual. Racial profiling does not include circumstances where the law enforcement officer has information that includes a racial or ethnic descriptor concerning a suspect for a specific crime where that information is reliable and is likely to lead to the discovery of that individual.

3. Conduct of Law Enforcement Officers During All Encounters
- All law enforcement officers of this agency shall exercise their law enforcement powers in a manner that does not unlawfully discriminate against individuals based on race or ethnicity.
- No law enforcement officer of this agency shall endorse or act upon stereotypes, attitudes, or beliefs that a person's race or ethnicity increases the probability that the person will act unlawfully.
- Law enforcement officers of this agency may consider race and ethnicity in deciding to take law enforcement action only when the employee possesses specific information that is reliable and is likely to lead to the discovery of that individual.

4. Training
This agency will develop and deliver on-going training to all law enforcement officers to provide guidance regarding the consideration of race and ethnicity in the agency's law enforcement activities. This training will include: departmental policy, federal, state, and case law governing the limitations (lawful and unlawful), in the use of race as a determiner for police activity.

5. Complaints of Racial/Ethnic Profiling
- Any person may file a complaint with the department if they feel they have been stopped, detained, or searched based on racial, ethnic, or gender-based profiling, and no person shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because they have filed such a complaint.
- Any law enforcement officer of this agency contacted by a person who wishes to file such a complaint shall follow departmental policy and procedures on receiving citizen complaints. Failure to properly report the complaint will result in disciplinary action as outlined in ___________________ (Reference your policy # on disciplinary procedures that may apply. If no existing disciplinary policy applies, one should be created.)
- The supervisor receiving such a report, shall in accordance with policy, forward it to the assigned individual or unit for investigation and follow-up. All such complaints shall be reviewed, the complaint acknowledged to the complainant in writing, and the complainant shall be informed of the results of the department's review within a reasonable period of time. The report shall be filed with the Chief Executive Officer of the department, and shall contain findings and any suggestions for disciplinary action or changes in policy, training or tactics.
- On an annual basis the department will compile a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained or exonerated. Upon written request the department will provide a copy of this summary to any individual.
- Supervisors will ensure that the working environment is free of bias, racial and ethnic hostility. This may include: periodically review a sampling of available in-car video tapes of stops, reports filed on stops by officers, and respond at random to back up officers on vehicle stops, and shall take appropriate action whenever it appears that this policy is being violated, being particularly alert to any pattern or practices of possible discriminatory treatment by individual officers or squads. Supervisors will also ensure the there is not retaliation for any individual reporting such incidents.

6. Internal Audits
Internal audits will be completed in include:
- The types of complaints received.
- How many times an employee receives complaints.
- Whether or not an employee has a pattern of complaints.
- Patterns of concern to the agency and/or community.

(The audits can be used to develop a program to reduce the number of complaints and serve as a potential management tool that will keep the chief executive officer informed of complaints within their department and should be tailored to meet individual departmental needs.)

7. Discipline for Engaging in Racial Profiling
If a complaint has been investigated and substantiated the department will take appropriate measures commensurate to the severity of the action substantiated. (Reference your policy # on disciplinary procedures that may apply. If no existing disciplinary policy applies, one shall be created.)

Model Policy on Use of Body Armor

PURPOSE
The purpose of this policy is to provide law enforcement officers with guidelines for the proper use and care of body armor.

POLICY
It is the policy of this law enforcement agency to maximize officer safety through the use of body armor in combination with prescribed safety procedures.  While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures.

DEFINITIONS
Field Activities: Duty assignments and/or tasks that place or could reasonably be expected to place officers in situations where they would be required to act in enforcement rather than administrative or support capacities.

PROCEDURES
A.  Issuance of Body Armor
     1.  All body armor issued must comply with protective and related requirements prescribed under current standards of the National Institute of Justice.
     2.  All officers shall be issued agency-approved body armor.
     3.  Body armor that is worn or damaged shall be replaced by the agency.  Body armor that must be replaced due to misuse or abuse by the officer shall be paid for by the officer.

B.  Use of Body Armor.  
     1.  Officers shall wear only agency-approved body armor.
     2.  Body armor shall be worn by recruit officers while engaged in field activities both on duty and during off duty employment unless exempt as follows:
        a. When an agency-approved physician determines that an officer has a medical condition that would preclude wearing body armor;
       b. When the officer is involved in undercover or plain clothes work that his/her supervisor determines could be compromised by wearing body armor; or
       c. When the department determines that circumstances make it inappropriate to mandate wearing body armor.
 

C.  Inspections of Body Armor
     1.  Supervisors shall be responsible for ensuring that body armor is worn and maintained as required by this policy through routine observation and periodic documented inspections.
     2.  Annual inspections of body armor shall be conducted for fit, cleanliness, signs of damage, abuse and wear.

D.  Care, Maintenance and Replacement of Body Armor
     1.  Officers shall routinely inspect personal body armor for signs of damage and for general cleanliness.
     2.  As dirt and perspiration may erode ballistic panels, each officer shall be responsible for cleaning personal body armor in accordance with the manufacturer’s instructions.
     3.  Officers are responsible for the proper storage, maintenance and care of body armor in accordance with manufacturer’s instructions.
     4.  Officers are responsible for reporting damage or excessive wear to the ballistic panels or cover to their supervisor and the individual responsible for the uniform supply function.
     5.  Body armor will be replaced in accordance with guidelines and protocols established by the National Institute of Justice.
 

E.  Training

     1.  The training officer shall be responsible for:
       a.  Monitoring technological advances in the body armor industry that may necessitate a change in body armor.
       b.  Assessing weapons and ammunition currently in use and the suitability of approved body armor to protect against those treats.
       c.  Provide training programs that demonstrate body armor’s stopping power under actual firing conditions and that emphasize its safe and proper use
       d.  Maintaining statistics on incidents where armor has or has not protected officers from harm, including traffic accidents.
 

Model Firearms Policy

PURPOSE
It is the purpose of this policy to provide officers with guidelines associated with the safe handling and proper use of firearms, as well as maintenance, safety, and qualification requirements related to agency-authorized or issued firearms.  The department recognizes that, nationally, certain recurrent types of incidents make up the bulk of firearm injuries and cause the majority of firearms-related lawsuits, including the following:
·         Accidental discharges
·         Intentional discharge under circumstances where use of firearms is not justified
·         Intentional discharge under circumstances where use of firearms is justified, but the discharge results in injury to persons other than the individual at whom the fire was directed.

Recognizing that many, if not most, of these incidents are preventable, this policy is intended to minimize the human tragedy and financial loss that so often attends the misuse of firearms  by law enforcement officers through the promulgation and rigorous enforcement of policies and procedures designed to limit the improper handling and discharge of firearms.

POLICY
It is the policy of this law enforcement agency that officers adhere to the requirements established herein in order to ensure the safe handling and proper use of service firearms. 

DEFINITIONS 
Authorized Firearm: Any make, model, or caliber of firearm that meets this agency’s designated requirements and specifications, and has been formally approved by the agency armorer and chief executive officer or his designate for general or individual use by sworn law enforcement personnel. This includes primary service handguns, alternate service handguns, backup handguns, shotguns, and rifles used for law enforcement purposes.[1]

Primary Service Handgun: The firearm authorized by this agency to be carried as part of the service uniform and related equipment for uniformed personnel or the authorized firearm to be carried by plain-clothes officers. 

Back-up Handgun: Any authorized handgun other than the primary service handgun that    is carried in an authorized concealed manner.

 Firearms Qualification: Periodic testing required of officers to determine their competency to carry authorized firearms.

PROCEDURES
A.   General Provisions
     1.   Any firearm carried by officers when on or off duty—with the exception of weapons used for recreational purposes— must be an authorized firearm.
     2.    Only ammunition that has been approved by this agency on a general or individual basis may be used in authorized firearms.
     3.   Only sworn officers who have successfully passed firearms qualification and the use-of-force training course prescribed by this agency are authorized to carry a firearm.
   4. The primary service handgun shall be carried in accordance with uniform and related requirements and as otherwise specified by this, or other applicable agency policy.
     5.  Officers shall be issued fresh duty ammunition in the specified quantity for all authorized firearms during the officer’s first scheduled qualification each year.  Replacements for defective or depleted ammunition shall be dispensed by the armorer when needed in accordance with established policy.
     6.  Generally, officers may carry only one primary service handgun.  However, officers on special assignment and other officers with an articulable need may request authorization to carry alternate primary service firearms, backup firearms, and/or alternate ammunition on an on-going or periodic basis.

B.   Off-Duty Firearms
     1.   Officers may, but are not required to, carry an authorized firearm while off duty.  However, officers must be armed when in uniform and/or operating a marked patrol vehicle whether on or off duty.
     2.  Back-up and off-duty firearms shall be carried concealed when the officer is in plain clothes or in uniform unless:
       a.  the officer is in the workplace, and the officer’s badge is prominently displayed next to the firearm;
       b.  the officer is engaged in law enforcement actions that may reasonably require quick access to the firearm, and the officer’s badge is prominently displayed near the weapon; or
       c.  the officer is engaged in activities where it would be permissible for a citizen to carry an exposed firearm, such as in hunting or target practice.
       d.  Such practice would violate state or local law.
     3.   When armed, whether on or off duty, officers shall carry their badge and agency identification.

C.  Firearms Qualifications
     1.  All officers authorized to carry firearms shall be required to qualify with each authorized firearm on at least a semi-annual basis.
     2.   All officers shall be graded on a pass/fail basis for purposes of firearms qualification.
     3.  On at least an annual basis, all officers authorized to carry firearms shall receive and shall be required to demonstrate their understanding of  the law and agency policy and procedures relating to the use-of-force as set out in the agency approved use-of-force training course and other applicable agency policy.
     4.  Officers shall be allowed no more than two attempts to qualify on any given day using each authorized firearm.  Officers who fail to qualify with any authorized firearm on the first day shall be subject to the following requirements:
       a.  The officer’s unit commander shall be notified and shall promptly arrange with the training coordinator for a period of formal remedial firearms training not to exceed one week in duration.  Such training does not preclude an officer from engaging in any additional informal practice or training sessions that the officer may deem necessary.
       b.  The officer shall be given additional attempts to re-qualify within a reasonable period of time.  A written report shall be forwarded to the commander of any officer who fails to re-qualify within a reasonable period of time.  The report shall include the training officer’s recommendations for corrective action.
     5.  Primary Service Handgun—Failure to Qualify.  Any officer who fails to qualify with the primary service handgun within a reasonable time period and following remedial training or other corrective action(s) shall be relieved of duty pending the outcome of an administrative hearing and/or a fitness-for-duty evaluation as determined by the agency chief executive or his designate. 
     6.  Backup Firearms—Failure to Qualify.  Any officer who fails to qualify with any back-up weapon shall be given opportunities within a reasonable time period to re-qualify with that firearm.  Failure of the officer to re-qualify thereafter shall disqualify the officer from carrying the firearm in question until such time as the officer may re-qualify.  However, the officer may remain on regular duty assignment if qualified to carry the primary service handgun.
     7.  Officers must (re)qualify with their primary service handgun and additional firearms (as appropriate) following return to duty after a leave of absence of more than 180 days.
     8.  Officers assigned to special tactical units, such as SWAT or stakeout units, are required to qualify using additional proficiency standards established by their unit commander and/or the training officer. These include but are not limited to proficiency testing at night and/or in reduced light situations, in combat simulation, and when using both weak and strong hands.  Officers assigned to or serving with such units shall be guided by and subject to firearms training and qualifications standards promulgated by their unit commander.

D.   Firearms Modifications
     1.  Modifications to any agency-authorized firearm require the written approval of the agency-designated armorer.  This includes but is not limited to modifications involving grips, spring kits, sights, or finishes.
     2.   Defective, unsafe, or unauthorized firearms shall be reported to the armorer.
     3.  Repairs or alterations to agency-authorized firearms may only be made by an armorer employed or authorized by this agency.
     4.  Authorized firearms shall be maintained in a clean and safe operating condition and shall be inspected every 30 days by the unit supervisor.

E.  Shotguns
     1.  Officers assigned to patrol operations are permitted to carry agency-issued shotguns while on duty if they have successfully passed the shotgun qualification course.
     2.  Shotguns shall be carried in a secure rack as provided in patrol vehicles and in the following manner:
       a.  Magazine loaded to full capacity,
       b.  No shell in the chamber, and
       c.  Cocked with the safety in the “On” position.
     3.  Officers may only carry and use ammunition authorized by this agency unless approval is granted by the agency chief executive and the officer qualifies with that ammunition. (This includes but is not limited to rifled slugs and magnum loads)

F.  Firearms Safety 
     1.  Officers shall not carry a firearm on or off duty when they are legally impaired or have a blood-alcohol content of .08 percent or greater.
     2.  Officers shall report to their immediate supervisor any use of prescription drugs or other medication that they reasonably believe would impair their ability or judgment to use a firearm.
     3.  Officers shall not store or leave a firearm in any place within the reach or easy access of a minor or other unauthorized person. 
     4.  All authorized firearms shall be carried in a safe and secure manner as authorized by this agency.
     5.  Removal of firearms from their holster or other carrying devices for other than authorized purposes—such as tactical use, training and qualification, inspection, or cleaning and maintenance—is prohibited.  Any careless, flippant, or casual use or display of a firearm will constitute grounds for discipline.

G.  Carrying Firearms on Commercial Aircraft  
     1.  When conducting official business that requires commercial airline travel, officers shall check their firearm in carry-on baggage if it is not needed while in flight to guard a prisoner or for other purposes.  In these cases, officers are required by federal regulations to certify to the airline that a firearm is in the baggage and that it is unloaded.
     2.  When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall submit a draft letter on agency stationery addressed to the commercial airline carrier that details the need for the officer to be armed.  The draft letter shall be submitted to the agency chief executive for approval and signature.
     3.  Officers should plan to arrive at the airline at least one hour prior to departure, present the letter to the airline ticket agent together with agency badge and identification card (with full-face photograph), declare possession of a firearm, and request that the necessary security and airline personnel be notified.
     4.  Officers shall request that they be notified of any other persons who are traveling armed aboard the aircraft.
     5.  Officers are governed by regulations of the Federal Aviation Administration (FAA) for carrying firearms on commercial airlines. However, airline personnel have the final authority and may require that an officer surrender a weapon before boarding or while on a commercial aircraft.
     6.  Officers should refer to this agency’s policy on transporting prisoners for  additional FAA and agency requirements concerning the transportation of prisoners aboard commercial aircraft.

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