Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Law Enforcement Code of Ethics - 1 LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against abuse or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law 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, political beliefs, aspirations, 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 ill will, never employing unnecessary force or abuse 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 police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Blank for Mission Statement - 2 BLANK FOR MISSION STATEMENT Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Table of Contents - 3 Table of Contents Law Enforcement Code of Ethics . 1 Blank for Mission Statement . 2 Chapter 1 - Law Enforcement Role and Authority . 8 100 - Law Enforcement Authority . 9 101 - Chief Executive Officer . 11 102 - Oath of Office . 12 103 - Policy Manual . 13 Chapter 2 - Organization and Administration . 16 200 - Organizational Structure and Responsibility . 17 201 - Departmental Directive and Special Orders . 20 202 - Emergency Operations Plan . 21 203 - Training . 22 204 - Electronic Mail . 26 205 - Administrative Communications . 28 206 - Supervision Staffing Levels . 29 207 - Permit to Carry a Pistol . 30 208 - Retiree Concealed Firearms . 32 209 - Handgun Purchase and Transfer Permit . 34 Chapter 3 - General Operations . 36 300 - Use of Force . 37 301 - Use of Force - Administrative Review . 44 302 - Handcuffing and Restraints . 46 303 - Control Devices . 50 304 - Conducted Energy Device . 55 305 - Officer-Involved Shooting and Deaths . 61 306 - Firearms . 71 307 - Vehicle Pursuits . 80 308 - Officer Response to Calls . 90 309 - Domestic Abuse . 93 310 - Search and Seizure . 100 311 - Temporary Custody of Juveniles . 102 312 - Adult Abuse . 111 313 - Discriminatory Harassment . 116 314 - Child Abuse . 121 315 - Missing Persons . 129 316 - Public Alerts . 139 317 - Victim and Witness Assistance . 143 318 - Hate or Prejudice Crimes . 146 319 - Conduct . 149 320 - Department Technology Use . 157 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Table of Contents - 4 321 - Report Preparation . 159 322 - News Media Relations . 163 323 - Court Appearance and Subpoenas . 167 324 - Mutual Aid and Outside Agency Assistance . 172 325 - Registered Predatory Offender . 174 326 - Major Incident Notification . 181 327 - Administration of Opioid Overdose Medication . 183 328 - Death Investigation . 185 329 - Identity Theft . 189 330 - Private Persons/Citizen's Arrests . 191 331 - Limited English Proficiency Services . 193 332 - Communications with Persons with Disabilities . 200 333 - School Employee Arrest Reporting . 209 334 - Pupil Arrest Reporting . 210 335 - Biological Samples . 211 336 - Chaplains . 213 337 - Child and Dependent Adult Safety . 219 338 - Service Animals . 223 339 - Volunteer Program . 226 340 - Native American Graves Protection and Repatriation . 232 341 - Off-Duty Law Enforcement Actions . 234 343 - Medicine Collection Program . 236 344 - Response to Drug Overdoses . 238 Chapter 4 - Patrol Operations . 242 400 - Patrol Function . 243 401 - Racial- or Bias-Based Profiling . 245 402 - Roll Call Training . 248 403 - Crime and Disaster Scene Integrity . 249 404 - Emergency Operations Unit . 250 405 - Ride-Along Policy . 260 406 - Hazardous Material Response . 263 407 - Hostage and Barricade Incidents . 265 408 - Response to Bomb Calls . 270 409 - Civil Commitments . 274 410 - Cite and Release Policy . 277 411 - Foreign Diplomatic and Consular Representatives . 279 412 - Rapid Response and Deployment . 283 413 - Reporting Law Enforcement Activity Outside of Jurisdiction . 285 414 - Immigration Violations . 286 415 - Emergency Utility Service . 291 416 - Patrol Rifles . 292 417 - Aircraft Crashes . 294 418 - Field Training Officer Program . 297 419 - Obtaining Air Support . 300 420 - Contacts and Temporary Detentions . 301 421 - Criminal Gangs . 305 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Table of Contents - 5 422 - Shift Supervision . 309 423 - Mobile Video Recorders . 310 424 - Mobile Digital Computer Use . 320 425 - Foot Pursuits . 322 426 - Automated License Plate Readers (ALPR) . 326 427 - Homeless Persons . 330 428 - Criminal Conduct on School Buses . 332 430 - Public Recording of Law Enforcement Activity . 333 431 - Bicycle Patrol Unit . 336 433 - Medical Cannabis . 339 435 - Civil Disputes . 342 436 - Crisis Intervention Incidents . 344 437 - First Amendment Assemblies . 348 Chapter 5 - Traffic Operations . 354 500 - Traffic Function and Responsibility . 355 501 - Traffic Collisions . 358 502 - Vehicle Towing . 362 503 - Vehicle Impound Hearings . 365 504 - Impaired Driving . 367 505 - Traffic Citations . 373 506 - Disabled Vehicles . 376 507 - Abandoned Vehicle Violations . 377 508 - Snow Emergency Parking Prohibited . 379 Chapter 6 - Investigation Operations . 382 600 - Investigation and Prosecution . 383 601 - Sexual Assault Investigations . 387 602 - Asset Forfeiture . 397 603 - Confidential Informants . 405 604 - Eyewitness Identification . 410 605 - Brady Material Disclosure . 414 606 - Scrap Metal Theft Investigation . 416 Chapter 7 - Equipment . 418 700 - Department-Owned and Personal Property . 419 701 - Personal Communication Devices . 422 702 - Vehicle Maintenance . 426 703 - Vehicle Use . 428 704 - Cash Handling, Security, and Management . 432 Chapter 8 - Support Services . 434 800 - Crime Analysis . 435 801 - Property and Evidence . 436 802 - Records Division Procedures . 452 803 - Restoration of Firearm Serial Numbers . 455 804 - Records Maintenance and Release . 457 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Table of Contents - 6 805 - Protected Information . 469 806 - Computers and Digital Evidence . 473 807 - Animal Control . 478 808 - MNJIS Training and Certification Requirements . 482 809 - Minnesota Bureau of Criminal Apprehension (BCA) . 485 809 - BCA Policies for FBI CJIS Audits, Audit Compliance and Audit Sanctions . 511 810 - CJDN Network Security . 516 811 - Appropriate Use of Systems and Data . 525 Chapter 9 - Custody . 531 900 - Temporary Custody of Adults . 532 901 - Custody Searches . 542 902 - Prison Rape Elimination . 547 Chapter 10 - Personnel . 557 1000 - Recruitment and Selection . 558 1001 - Evaluation of Employees . 567 1002 - Special Assignments and Promotions . 571 1003 - Grievance Procedure . 573 1004 - Anti-Retaliation . 576 1005 - Reporting of Employee Convictions and Court Orders . 579 1006 - Drug- and Alcohol-Free Workplace . 581 1007 - Sick Leave Policy . 585 1008 - Communicable Diseases . 587 1009 - Smoking and Tobacco Use . 596 1010 - Personnel Complaints . 597 1011 - Body Armor . 610 1012 - Personnel Files . 612 1013 - Commendations and Awards . 618 1014 - Fitness for Duty . 625 1015 - Meal Periods and Breaks . 628 1016 - Lactation Break Policy . 629 1017 - Payroll Records . 631 1018 - Overtime Compensation Requests . 632 1019 - Outside Employment . 634 1020 - On-Duty Injuries . 639 1021 - Personal Appearance Standards . 643 1022 - Uniform Regulations . 646 1023 - Police Explorers . 652 1024 - Nepotism and Conflicting Relationships . 654 1025 - Department Badges . 657 1026 - Modified-Duty Assignments . 659 1027 - Employee Speech, Expression and Social Networking . 663 1028 - POST Licensing . 667 1029 - Department Managed Social Media . 669 1030 - Line-of-Duty Deaths . 673 1031 - Seat Belts . 684 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Table of Contents - 7 Attachments . 686 Model Sexual Assault Investigation Policy.pdf . 687 MN POST Professional Conduct of Peace Officers Model Policy.pdf . 688 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Law Enforcement Role and Authority - 8 Chapter 1 - Law Enforcement Role and Authority Policy 100 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Law Enforcement Authority - 9 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Brooklyn Center Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Licensed officers of this department are peace officers pursuant to Minn. Stat. § 626.84 Subd. 1. 100.2.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE BROOKLYN CENTER POLICE DEPARTMENT Arrest authority of a full-time officer or part-time officer extends to any place within the jurisdiction of the department when (Minn. Stat. § 629.34, Subd. 1 and Minn. Stat. § 629.40): (a) Made pursuant to a warrant. (b) The person is being arrested for a felony. (c) The person is being arrested for a non-felony crime that was attempted or committed in the officer’s presence. (d) The person is being arrested for a non-felony crime that was not attempted or committed in the officer’s presence but an arrest is permitted by statute (e.g., domestic abuse, restraining order, and no contact order violations). (e) The person is a juvenile committed to the custody of the commissioner of corrections and committed a felony after he/she escaped from custody (Minn. Stat. § 609.485). (f) There is reasonable cause to believe that the person to be arrested has committed or attempted to commit theft from a merchant (Minn. Stat. § 629.366). The arrest authority of a part-time peace officer is applicable only while on-duty (Minn. Stat. § 629.34, Subd. 1(b)). 100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE BROOKLYN CENTER POLICE DEPARTMENT Full- and part-time, on-duty officers may make an arrest outside the jurisdiction of the Brooklyn Center Police Department (Minn. Stat. § 629.40): (a) Anytime the officer may by law make an arrest for a criminal offense committed within the jurisdiction of the Brooklyn Center Police Department, and the person to be arrested escapes from custody or flees out of the officer’s jurisdiction. (b) Whenever the officer is authorized by a court order. (c) Under the same conditions as if the officer was in the jurisdiction of the department, whenever the officer is acting in the course and scope of employment. A full-time officer’s warrantless arrest authority when off-duty and outside the jurisdiction of the department is limited to circumstances that would permit the officer to use deadly force under Minn. Stat. § 609.066 (see the Use of Force Policy) (Minn. Stat. § 629.40, Subd. 4). Under any Brooklyn Center Police Department Brooklyn Center PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Law Enforcement Authority - 10 other circumstances, the full-time off-duty officer is limited to the same power as are members of the general public. An officer making an arrest should, as soon as practicable after making the arrest, notify the agency having jurisdiction where the arrest was made. 100.2.3 GRANTING AUTHORITY TO OTHERS An officer may summon the aid of private persons when making an arrest pursuant to a warrant (Minn. Stat. § 629.30). 100.3 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended within other states: (a) As applicable under interstate compacts and memorandums of understanding in compliance with the laws of each state. (b) When an officer enters Iowa or Wisconsin in fresh pursuit of a felony subject (Iowa Code § 806.1; Wis. Stat. § 976.04). (c) When an officer enters North Dakota or South Dakota in pursuit of a subject who committed any offense (N.D.C.C. § 29-06-05; SDCL 23A-3-9; SDCL 23A-3-10). Whenever an officer makes an arrest in another state, the officer shall take the offender to a magistrate or judge in the county where the arrest occurred as soon as practicable (Iowa Code § 806.2; N.D.C.C. § 29-06-06; SDCL 23A-3-12; Wis. Stat. § 976.04). 100.4 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person's clearly established rights under the United States and Minnesota Constitutions. 100.5 POLICY It is the policy of the Brooklyn Center Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate abuse of law enforcement authority. Policy 101 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Chief Executive Officer - 11 Chief Executive Officer 101.1 PURPOSE AND SCOPE The Minnesota Legislature acting through the Minnesota Board of Peace Officer Standards and Training (POST Board) has mandated that all peace officers employed within the State of Minnesota shall hold a POST Board license (Minn. Stat. § 626.846). 101.1.1 CHIEF LAW ENFORCEMENT OFFICER REQUIREMENTS Any chief law enforcement officer of this department, as defined in Minn. R. 6700.0100, shall as a condition of employment hold a license as a peace officer with the POST Board (Minn. R. 6700.0800; Minn. R. 6700.0501). The peace officer license shall be renewed every three years as required by Minn. R. 6700.1000. Policy 102 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Oath of Office - 12 Oath of Office 102.1 PURPOSE AND SCOPE Officers of this department are sworn to uphold the federal and state constitutions and to enforce federal, state and local laws. 102.1.1 OATH OF OFFICE Upon employment, all employees shall be required to affirm, sign and date the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of the position, regardless of whether law mandates such an oath. The oath shall be as follows: I, (employee name), do solemnly swear to support the Constitution of the United States and of this State, and to discharge faithfully the duties devolving upon me as a police officer of the City of Brooklyn Center to the best of my judgement and ability. I will never betray my badge, my integrity, my character, or the public interest. I will always have the courage to hold myself and others accountable for our actions. 102.1.2 MAINTENANCE OF RECORDS Oaths mandated by law shall be filed as required by law (Minn. Stat. § 358.11, Minn. Stat. § 387.01 and Minn. Stat. § 387.14). Other oaths shall be maintained consistent with other personnel employment records. Policy 103 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Policy Manual - 13 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Brooklyn Center Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement 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. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Brooklyn Center Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Brooklyn Center Police Department reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue Departmental Directives, which shall modify those provisions of the manual to which they pertain. Departmental Directives shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CFR - Code of Federal Regulations. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Policy Manual - 14 Child - Any person under the age of 18 years. City - The City of Brooklyn Center. Non-sworn - Employees and volunteers who are not licensed peace officers. Department/BCPD - The Brooklyn Center Police Department. DPS - The Minnesota Department of Public Safety. DVS - The Minnesota Department of Driver and Vehicle Services. Employee/personnel - Any person employed by the Department. Manual - The Brooklyn Center Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person who is employed or appointed by the Brooklyn Center Police Department including licensed officers, part-time officers, non-sworn employees and volunteers. Officer - Those employees, regardless of rank, who are licensed peace officer employees of the Brooklyn Center Police Department. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Peace officer - An employee of the Department who is required to be certified by POST pursuant to Minn. Stat. § 626.84, Subd. 1 or otherwise holds a peace officer license. The term includes licensed full-time and part-time officers who perform the duties of a peace officer. POST - The Minnesota Board of Peace Officer Standards and Training. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority regarding hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Policy Manual - 15 USC - United States Code. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Departmental Directives. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Organization and Administration - 16 Chapter 2 - Organization and Administration Policy 200 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Organizational Structure and Responsibility - 17 Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of the Department is designed to create an efficient means to accomplish the 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 Brooklyn Center Police Department. There are four divisions in the Police Department as follows: • Community Services Division • Patrol Division • Investigation Division • Support Services Division 200.2.1 COMMUNITY SERVICES DIVISION The Community Services Division is supervised by a Commander whose primary responsibility is to provide general management, direction and control for the Community Services Division. The Community Services Division consists of a Commander, a Sergeant, three Street Crimes Officers, a Juvenile officer, a School Resource officer, a Crime Analyst, a Crime Prevention Specialist and a Community Liaison. 200.2.2 PATROL DIVISION The Patrol Division is supervised by a Commander whose primary responsibility is to provide general management, direction and control for the Patrol Division. The Patrol Division consists of Uniformed Patrol. 200.2.3 INVESTIGATION DIVISION The Investigative Division is supervised by a Commander whose primary responsibility is to provide general management, direction and control for the Investigative Division. The Investigative Division consists of five (5) Detectives, an Auto Theft Officer, a Northwest Drug Task Force Officer and a Violent Offender Task Force Officer. 200.2.4 SUPPORT SERVICES DIVISION The Support Services Division consists of records, property/evidence, and the jail. The Support Services Manager supervises the Records Technicians and Property Room Technician. The Support Services Manager is also responsible for the jail, building, and serves as the Department Liaison with the City's IT Department. Records Technicians process and coordinate information generated by all divisions within the Department. Their activities include transcription, dissemination and storage of police reports, along with proper classification of crimes that are mandated by the State of Minnesota. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Organizational Structure and Responsibility - 18 The Property Room Technician is responsible for the proper receiving, tracking, storage, and return or disposal of all property. Property is classified as found, recovered, confiscated, or evidence. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Duty Command Officer or designee shall act with the authority of the Chief of Police. For circumstances in which the Chief of Police is absent, the Chief of Police will designate a Division Commander to serve as the acting commander of the Police Department. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Commander (b) Sergeant (c) Senior Officer 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., Training, FTO, EOU), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. 200.3.4 UNLAWFUL AND CONFLICTING ORDERS No member is required to obey any order that outwardly appears to be in direct conflict with any federal law, state law or local ordinance. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or confer with a higher authority. 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 an order that is in conflict with a previous 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 order is intended to countermand the previous order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting order after having given the issuing supervisor the opportunity to correct the conflict are not held accountable for disobedience of the order or directive that was initially issued. Brooklyn Center Police Department Brooklyn Center PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Organizational Structure and Responsibility - 19 The person countermanding the original order shall notify, in writing when practical or necessary, the person issuing the original order, indicating the action taken and the reason therefore. Policy 201 Brooklyn Center Police Department Brooklyn Center PD Policy Manual Copyright Lexipol, LLC 2019/11/21, All Rights Reserved. Published with permission by Brooklyn Center Police Department Departmental Directive and Special Orders - 20 Departmental Directive and Special Orders 201.1 PURPOSE AND SCOPE Departmental Directives and Special Orders establish an interdepartmental 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 or other collective bargaining agreement. Departmental Directives will immediately modify or change and supersede sections of this manual to which they pertain. 201.1.1 DEPARTMENTAL DIRECTIVES PROTOCOL Departmental Directives will be incorporated into the manual as required upon approval of staff. Departmental Directives will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Departmental Directives have now been incorporated in the updated Policy Manual as of the below revision date. Any Departmental Directives issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number “01.” For example, 10-01 signifies the first Departmental Directive for the year 2010. 201.1.2 SPECIAL ORDERS PROTOCOL Special Orders establish a temporary policy or procedure on a given subject for a specific length of time. Special Orders are issued to the organization as a whole, to a division, to a unit or to an individual thereof and are temporary in nature. Special Orders become inoperative with the passing of the incident or situation that caused the order's issuance. 201.2 RESPONSIBILITIES 201.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by Departmental Directive. 201.2.2 CHIEF OF POLICE The Chief of Police or designee shall issue all Departmental Directives and Special Orders. 201.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES AND SPECIAL ORDERS All employees are required to read and obtain any necessary clarification of all Departmental Directives or special orders. All employees are required to acknowledge in writing the receipt and review of any new Departmental Directive or special order. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be facilitated by the Training Sergeant and the Administrative Assistant.