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HomeMy WebLinkAboutPolicy_Lexipol Policies300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors shall be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to: a. The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). b. The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a). c. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). d. The conduct of the involved officer leading up to the use of force (Penal Code § 835a). e. The effects of suspected drugs or alcohol. f. The individual's apparent mental state or capacity (Penal Code § 835a). g. The individuals apparent ability to understand and comply with officer commands (Penal Code § 835a). h. Proximity of weapons or dangerous improvised devices. i. The degree to which the subject has been effectively restrained and their ability to resist despite being restrained. j. The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). k. Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used. I. Training and experience of the officer. m. Potential for injury to officers, suspects, bystanders, and others. n. Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. o. The risk and reasonably foreseeable consequences of escape. p. The apparent need for immediate control of the subject or a prompt resolution of the situation. q. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. r. Prior contacts with the subject or awareness of any propensity for violence. s. Any other exigent circumstances. 339.5.10 SAFETY a. Failure to observe or violating department safety standards or safe working practices. b. Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). c. Failure to maintain good physical condition sufficient to perform law enforcement duties adequately and safely. d. Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. e. Carrying, while on the premises of the workplace, any firearm or other lethal weapon that is not authorized by the member's appointing authority. f. Unsafe or improper driving habits or actions in the course of employment or appointment. g. Any personal action contributing to a preventable traffic collision. h. Concealing or knowingly failing to report any on-the-job or work -related accident or injury as soon as practicable but within 24 hours. M San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides 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, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code §7286). The use of force by members of law enforcement is a matter of critical concern both to the public and the law enforcement community. It is recognized that some individuals will not comply with the law or submit to control unless compelled to do so by the use of force; therefore, law enforcement officers are sometimes called upon to use force in the performance of their duties. It is also recognized that members of law enforcement derive their authority from the public and therefore must be ever mindful that they are not only the guardians but also the servants of the public. The Department's guiding principle when using force shall be reverence for human life. Officers shall attempt to control an incident by using time, distance, communication, and available resources in an effort to de-escalate the situation, whenever it is safe, feasible, and reasonable to do so. As stated below, when warranted, Department personnel may use objectively reasonable force to carry out their duties. Officers may use deadly force only to protect themself or others from what the officer reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person or to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Officers who use unreasonable force degrade the confidence of the community we serve, expose fellow officers to physical hazards, violate the law and rights of individuals upon whom unreasonable force or unnecessary deadly force is used, and subject the Department and themselves to potential civil and criminal liability. Conversely, officers who fail to use force when warranted may endanger themselves, the community, and fellow officers. In addition to those methods, techniques, and tools set forth below, the comprehensive and specific guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques (Lexipol 307) and Conducted Energy Device policies (Lexipol 308) . 300.1.1 DEFINITIONS Definitions related to this policy include: Complaint - One or more allegations by a person that an employee of an agency, or the agency itself, has behaved inappropriately as defined by the person making the allegation. The person making the allegation is a complainant. Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a). Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 1 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Explicit Bias - Conscious belief or attitude toward a specific social group that may lead an individual to act in discriminatory ways. Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows themselves to be searched, escorted, handcuffed, or restrained. Feasible - Feasible means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person. Imminent - Pursuant to California Penal Code Section 835(e)(2), "[A] threat of death or serious bodily injury is "imminent" when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed." Implicit Bias - Unconscious belief or attitude toward a specific social group that may lead an individual to unknowingly act in discriminatory ways. People are generally unaware of their implicit biases and may even hold contradictory conscious beliefs. Necessary - It is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. Objectively Reasonable - The legal standard used to determine the lawfulness of a use of force is based on the Fourth Amendment to the United States Constitution. See Graham v. Connor, 490 U.S. 386 (1989). Graham states, in part, "The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. The test of reasonableness is not capable of precise definition or mechanical application." The force must be reasonable under the circumstances known to or reasonably believed by the officer at the time the force was used. Therefore, the Department examines all uses of force from an objective standard, rather than a subjective standard. Serious Bodily Injury - A serious impairment of physical condition. Pursuant to California Penal Code Section 243(f)(4), serious bodily injury includes but is not limited to: • Loss of consciousness; Copyright LeApol, LLC 2021109/22, All Rights Reserved. Use of Force - 2 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force • Concussion; • Bone fracture; • Protracted loss or impairment of function of any bodily member or organ; • A wound requiring extensive suturing; and, • Serious disfigurement. Totality of the Circumstances - All facts known to or reasonably perceived by the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). Warning Shots - The intentional discharge of a firearm off target not intended to hit a person, to warn others that deadly force is imminent. 300.2 POLICY 300.2.1 DUTY TO INTERCEDE Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede to prevent the use of unreasonable force. When observing force used by a law enforcement officer, each officer shall take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.2 FAIR AND UNBIASED USE OF FORCE Officersshall carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). Officers shall be aware of the impact of implicit and explicit bias when carrying out their duties. See the Bias -Based Policing Policy for additional guidance. 300.2.3 DUTY TO REPORT EXCESSIVE FORCE Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall promptly report these observations to a supervisor as soon as feasible (Government Code § 7286(b)). 300.3 USE OF FORCE This section, combined with the following referenced sections shall constitute the approved methods and devices available for the application of force: ° 305 - Handcuffing and Restraints ° 307 - Control Devices and Techniques ° 308 - Conducted Energy Device 309 - Officer -Involved Shootings and Deaths Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 3 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force 311 - Firearms Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officersshall use well -reasoned discretion in determining the appropriate use of force in each incident. Officers shall only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)). It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons, or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use objectively reasonable force to effect an 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 their efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose their right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors shall be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to: (a) The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). Copyright LeApol, LLC 2021/09/22, All Rights Reserved. Use of Force - 4 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a). (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The conduct of the involved officer leading up to the use of force (Penal Code § 835a). (e) The effects of suspected drugs or alcohol. (f) The individual's apparent mental state or capacity (Penal Code § 835a). (g) The individual's apparent ability to understand and comply with officer commands (Penal Code § 835a). (h) Proximity of weapons or dangerous improvised devices. (i) The degree to which the subject has been effectively restrained and their ability to resist despite being restrained. (j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). (k) Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used. (1) Training and experience of the officer. (m) Potential for injury to officers, suspects, bystanders, and others. (n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (o) The risk and reasonably foreseeable consequences of escape. (p) The apparent need for immediate control of the subject or a prompt resolution of the situation. (q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (r) Prior contacts with the subject or awareness of any propensity for violence. (s) Any other exigent circumstances. 300.3.3 DE-ESCALATION An officer shall use de-escalation techniques, crisis intervention techniques, and other alternatives to force when feasible to avoid or reduce the need for force, or minimize escalation of force.Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used. De-escalation techniques may include but are not limited to: (a) Summoning additional resources that are able to respond in a reasonably timely manner. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 5 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual N Use of Force (b) Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c) Employing other tactics that do not unreasonably increase officer jeopardy. In addition, when reasonable, officers shall evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)(1)). Such alternatives may include but are not limited to: (a) Trained de-escalation techniques. (b) If reasonably available, the use of crisis intervention techniques by properly trained personnel. 300.3.4 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officersshall only apply those pain compliance techniques for which they have successfully completed department -approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.5 PROHIBITIONS ON THE USE OF CAROTID RESTRAINTS AND CHOKE HOLDS (a) Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person's neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code § 7286.5). (b) Officers of this Department are not authorized to use a choke hold. A Choke hold means any defensive tactic or force option in which direct pressure is applied to a person's trachea or windpipe (Government Code §7286.5) 300.3.6 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers shall not intentionally use any technique that restricts blood flow to the head, restricts respiration or Copyright Lex€pol, LLC 2021/09/22, All Rights Reserved. Use of Force - 6 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officersshall use techniques and methods taught by the San Luis Obispo Police Department for this specific purpose. 300.3.7 300.4 DEADLY FORCE APPLICATIONS Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code 835a(5) (c)(1)(13)). If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use of other reasonably available resources and techniques when determining whether to use deadly force, if possible. To the extent that it is reasonably practical, officers shall consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)). The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a): (a) An officer may use deadly force to protect themself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person. (b) An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Officers shall not use deadly force against a person based on the danger that person poses to the officer, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a). 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and may involve additional considerations and risks. When feasible, officers shall take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer shall only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others(Government Code § 7286(b)). Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 7 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force 300.4.2 DISPLAYING OF FIREARMS Given that individuals might perceive the display of a firearm as a potential application of force, officersshall carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)): (a) If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low -ready or other position not directed toward an individual. (b) If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high -risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat. Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be reported to a Supervisor and documented promptly, completely, and accurately in an appropriate written report, consistent with this policy. The officershall articulate the factors perceived and why they believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a) The application caused a visible injury. (b) The individual subjected to the force complained of injury or continuing pain. (c) The individual indicates intent to pursue litigation. (d) Any application of a TASER device or control device. (e) Any application of a restraint device other than handcuffs, shackles, or belly chains. (f) The individual subjected to the force was rendered unconscious. (g) An individual was struck or kicked. (h) An individual alleges unreasonable force was used or that any of the above has occurred. (i) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer -involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 8 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force 300.6 MEDICAL CONSIDERATION Once it is reasonably safe to do so, officersshall promptly provide, if properly trained, or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)). Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until they can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on -scene supervisor or, if the on -scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons shall be considered medical emergencies. Officers who reasonably suspect a medical emergency shall request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY A supervisor shall respond to any reported use of force, if reasonably available. The responding supervisor shall (Government Code § 7286(b)): (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived their Miranda rights, the following shall apply: Copyright Lexipol, LLC 2021109/22, All Rights Reserved. Use of Force - 9 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force 1. The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports and all other documentation of the incident. (e.g. body worn camera, dispatch recordings etc.) (g) Determine if there is any indication that the subject may pursue civil litigation. 1. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. (i) All documented Use of Force reports shall be promptly submitted for Management review and adherence to policy via the chain of command. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.8 TRAINING Officers shall receive periodic training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)). Subject to available resources, the Training Manager shall ensure that officers receive periodic training on de-escalation tactics, including alternatives to force. Training shall be designed to a. simulate actual shooting situations and conditions; b. enhance officers' discretion and judgment in using less -lethal and deadly force in accordance with this policy; c. provide guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities. All Officers will receive a minimum of 12 hours of combined training every two years (per POST guidelines) in the following content areas: Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 10 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force (a) SLOPD POST approved Defensive Tactics Course (b) POST approved Force Options Simulator Course In addition to the listed above courses, the Department strives to provide all Officers with additional training in the areas of Crisis Intervention, Principled Policing, and Biased Based Policing. All use -of -force training shall be documented. 300.9 USE OF FORCE ANALYSIS At least annually, the Operations Bureau Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include: (a) The identification of any trends in the use of force by members. (b) Training needs recommendations. (c) Equipment needs recommendations. (d) Policy revision recommendations. 300.10 USE OF FORCE COMPLAINTS The receipt, processing, and investigation of civilian complaints involving use of force incidents shall be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)). 300.11 POLICY REVIEW The Chief of Police or the authorized designee shall regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)). 300.12 POLICY AVAILABILITY The Chief of Police or the authorized designee shall ensure this policy is accessible to the public (Government Code § 7286(c)). 300.13 PUBLIC RECORDS REQUESTS Requests for public records involving an officer's personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)). Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Use of Force - 11 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct 339.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the San Luis Obispo Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member's supervisors. 339.2 POLICY The continued employment or appointment of every member of the San Luis Obispo Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off -duty, may be cause for disciplinary action. 339.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. 339.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Standards of Conduct - 1 Published with permission by San Leis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 339.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a) Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b) Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c) Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. (d) The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose. 339.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off -duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 339.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service: 339.5.1 LAWS, RULES AND ORDERS (a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals. (b) Disobedience of any legal directive or order issued by any department member of a higher rank. (c) Violation of federal, state, local or administrative laws, rules or regulations. Copyright Lex€pol, LLC 2021/09/22, All Rights Reserved. Standards of Conduct - 2 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct 339.5.2 ETHICS (a) Using or disclosing one's status as a member of the San Luis Obispo Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non -department business or activity. (b) The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d) Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. (e) Offer or acceptance of a bribe or gratuity. (f) Misappropriation or misuse of public funds, property, personnel or services. (g) Any other failure to abide by the standards of ethical conduct. 339.5.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 339.5.4 RELATIONSHIPS (a) Unwelcome solicitation of a personal or sexual relationship while on -duty or through the use of one's official capacity. (b) Engaging in on -duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d) Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e) Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department. Copyright Lexipol, LLC 2021/09122, All Rights Reserved. Standards of Conduct - 3 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct 339.5.5 ATTENDANCE (a) Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b) Unexcused or unauthorized absence or tardiness. (c) Excessive absenteeism or abuse of leave privileges. (d) Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse. 339.5.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE (a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member's position with this department. (a) Members of this department shall not disclose the name, address, or image of any victim of human trafficking except as authorized by law (Penal Code § 293). (b) Disclosing to any unauthorized person any active investigation information. (c) The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any department property for personal use, personal gain, or any other improper or unauthorized use or purpose. (e) Using department resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non -subpoenaed records. 339.5.7 EFFICIENCY (a) Neglect of duty. (b) Unsatisfactory work performance including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse. (c) Concealing, attempting to conceal, removing, or destroying defective or incompetent work. (d) Unauthorized sleeping during on -duty time or assignments. (e) Failure to notify the Department within 24 hours of any change in residence address or contact numbers. (f) Failure to notify the Department of Human Resources of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Standards of Conduct - 4 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct 339.5.8 PERFORMANCE (a) Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work -related investigation. (b) The falsification of any work -related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document. (c) Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department -related business. (d) Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. (e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: 1. While on department premises. 2. At any work site, while on -duty or while in uniform, or while using any department equipment or system. 3. Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. (g) Improper political activity including: 1. Unauthorized attendance while on -duty at official legislative or political sessions. 2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on -duty or, on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (h) Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (i) Any act on- or off -duty that brings discredit to this department. 339.5.9 CONDUCT (a) Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Standards of Conduct - 5 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct enforcement agency or that may result in criminal prosecution or discipline under this policy. (b) Unreasonable and unwarranted force to a person encountered or a person under arrest. (c) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e) Engaging in horseplay that reasonably could result in injury or property damage. (f) Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (g) Use of obscene, indecent, profane or derogatory language while on -duty or in uniform. (h) Criminal, dishonest, or disgraceful conduct, whether on- or off -duty, that adversely affects the member's relationship with this department. (i) Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. Q) Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k) Activity that is incompatible with a member's conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. (1) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m) Any other on- or off -duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 339.5.10 SAFETY (a) Failure to observe or violating department safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). (c) Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d) Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. (e) Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member's appointing authority. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Standards of Conduct - 6 Published with permission by San Luis Obispo Police Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual MA Standards of Conduct (f) Unsafe or improper driving habits or actions in the course of employment or appointment. (g) Any personal action contributing to a preventable traffic collision. (h) Concealing or knowingly failing to report any on-the-job or work -related accident or injury as soon as practicable but within 24 hours. 339.5.11 INTOXICANTS (a) Reporting for work or being at work while intoxicated or when the member's ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. (b) Possession or use of alcohol at any work site or while on -duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on -duty performance. (c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non -prescribed medication to any work site. Copyright Lexipol, LLC 2021/09/22, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 7