POLICY DEVELOPMENT
CLEO & Command Academy
June 9, 2015
Chief Stacy Carlson
Golden Valley Police Department
Definition of Policy
• A definite course or method of action selected from among
alternatives and in light of given conditions to guide and
determine present and future conditions.
• A high-level overall plan embracing the general goals and
acceptable procedures especially of a governmental body.
-Merriam Webster
Why are policies necessary?
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POST Board requirements (12 mandated policies)
Federal requirements (2 mandated policies)
Risk management
Serves as a training tool
Provides uniformity in employee actions/decisions
Assists elected officials and the public in understanding
department procedures
POST Board Required Policies
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Use of force
Vehicle pursuit and emergency vehicle operations
Allegations of misconduct
Professional conduct of officers
Response to reports of missing and endangered
children
• Domestic abuse
• Possession of property seized for administrative
forfeiture
POST required policies cont.
• Predatory offender registration and
community notification
• Criminal conduct on school buses
• Lighting exemption of law enforcement
vehicles
• Impartial policing
• Supervision of part-time licensed peace
officers (only if utilized)
Federal policy requirements
• Hearing impaired
• Non-English speaking
When is a policy needed?
• High Risk and High Occurrence
1)Traffic stops
2)Domestics
3)Arrest Warrants
-These are often the same areas where a high
level of training is conducted
High Risk and Low Occurrence
• Use of deadly force
• Tasers: Brown v. Golden Valley
“It was clearly established that it was unreasonable to, without warning, taser a nonviolent passenger who was not fleeing or resisting arrest and was suspected of a
minor, non-violent crime.”
• Pursuits
Low risk and high occurrence
• There are many types of calls that are low risk but high
occurrence:
1)Nuisance calls
2)Thefts
3)Burglary reports
4)Damage to property
-Unless there are unique City circumstances surrounding
these types of calls (i.e. administrative citations) a
procedural response how-to should not be included as
part of a policy manual.
Setting the standard
• A policy manual will reflect the vision of the
Chief of Police and provide guidance and
direction to staff in consistency of actions.
• New policies need to be consistent with the
Chief’s vision and not conflict with other
policies.
• A policy manual that is not enforced is
worthless and can increase risk exposure.
Remember….
• Do not try to write a policy to cover every
possible scenario. It is not do-able and it will
create more problems than it would
theoretically solve.
Emerging Policy Considerations
• Critical Incident
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http://cdapress.com/news/local_news/article_b6d57d68-0fde-11e4-b955-0019bb2963f4.html
• Social Media
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http://www.foxnews.com/us/2014/08/07/texas-detective-fired-over-facebook-post-about-publicassistance-killing-spree/
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http://www.thefacebookfired.com/2013/12/19/peter-burns/
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http://www.policemag.com/channel/careers-training/news/2014/09/30/illinois-officer-fired-overferguson-facebook-comments.aspx
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http://www.fox16.com/news/local/story/Shannon-Hills-Police-Officer-fired-overFacebook/d/story/VBd65bX4Jkybk5YkXb4Clw
• Tattoos, Piercings
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http://www.azcentral.com/story/news/local/chandler/2014/07/14/chandler-police-tattoosrestrictions/12614189/
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http://tbo.com/pinellas-county/law-enforcement-agencies-ease-rules-for-inked-officers-20130811/
Emerging Policy Considerations Cont.
• Media Relations
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http://www.msnbc.com/msnbc/ferguson-police-department-made-situation-worse
• Data Practices
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http://www.startribune.com/local/minneapolis/35815914.html
• DVS, technology use
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http://www.foxnews.com/politics/2013/10/10/snooping-claims-mount-against-minnesota-copsgovernment-employees/
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http://espn.go.com/college-football/story/_/id/8409096/pickens-sc-police-department-officer-firedinternet-post-clemson-tigers-coach-dabo-swinney-traffic-citation
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http://www.jsonline.com/news/milwaukee/former-uw-milwaukee-police-chief-fired-over-internetsex-messages-b99358040z1-276849031.html
• Squad Video, Audio
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http://photographyisnotacrime.com/2013/06/cop-fired-after-dash-cam-video-shows-him-runningover-man-suspected-of-seat-belt-violation/
Emerging Policy Considerations Cont.
• Property room and evidence custody
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http://www.tampabay.com/news/publicsafety/crime/tpd-detective-fired-arrested-for-stealingmoney-orders/2144254
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http://www.dallasnews.com/news/state/headlines/20100225-ATF-investigates-after-guns-missingfrom-36
• Light Duty, Limited Duty
• License Plate Reader
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http://www.twincities.com/ci_22453161/minnesota-police-gather-license-plate-data-lawmakers-see
• Body Cameras
http://www.abcactionnews.com/news/region-east-hillsborough/plant-city/plant-city-police-chief-fired
Developing a policy manual
• Important to have a work group comprised of a
variety of employees
• Assign one person to be the coordinator (an
additional duty, not a full-time role)
• Create a feasible timeline of project completion –
coordinator must keep people on task with
deadlines
• Rather than the whole group trying to draft a
policy, assign new policies or rewrites to each
member and then send to the whole group to
review after a draft is completed.
Policy vs. Procedure
• There is a distinct difference between a policy and a
procedure. Only policies belong in the policy manual.
• Example of a policy: “Sworn employees are allowed to
wear one post earring per ear while on-duty in
uniform.”
• Example of a procedure: “When making a felony stop,
officers should position the squad 2 squad lengths and
one squad width behind the violator’s vehicle and
should then put the squad in park, take a position of
cover in the squad/behind the squad door, pick up the
microphone and announce themselves as police.”
Draft review
• When work group members have submitted suggested
revisions or new language, return them to the
coordinator who will review and make the suggested
changes – copies are then sent to members for a
second review.
• When drafts are believed to be done, the coordinator
should forward drafts to the Chief of Police for final
review.
• When the Chief believes the draft policies are in their
final form, they should be reviewed by the City’s legal
counsel. A City Manager approval may also be
necessary in some cities.
Formatting
• Once the policy language is done, the manual
format must be created. In large agencies, it may
be necessary to divide the manual into functional
areas such as Administration, Patrol,
Investigations. Smaller agencies usually just have
one volume to cover all operational areas.
• Most policy manuals have the following as part of
the format: policy number, effective or issue
date, policy subject, distribution or scope,
references, date of last review, index, table of
contents.
Formatting cont.
• The table of contents should reflect an organizational
system breaking policies into chapters or volumes with
subsections. Example: Use of force policies are found
in chapter 4, and the taser policy is in subsection 3.
When referring to the taser policy, it would be Policy
#4-3. If there are further breakdowns within the taser
policy, they would look like Policy #4-3 (a), and 4-3 (b).
• The manual should be organized so that logical
subjects are included in the same chapter – i.e. Ride
Along program and foot pursuits would be found under
the broad chapter of Patrol Functions.
Final compilation
• Once the manual has been drafted, revised, reviewed, approved
and implemented, decide how you will distribute it.
• Electronic vs. hard copy
• Remember, the manual is a public document.
• Usually a good idea to create an acknowledgement system
indicating all employees have reviewed the manual and understand
the policies.
• Hold a department meeting, roll call training or other mechanism to
discuss policy revisions with significant changes so everyone
understands the change and why it is necessary.
• An annual review of all policies should be conducted to ensure
continuing applicability.
• The policy manual should be part of the learning encompassed in
the FTO program for every new officer.
General principles
• Clearly written and easy to use
• Comprehensive, and providing staff with direction and
guidance for all aspects of the department’s operations
• Consistent with and mirror the organizational
philosophy and legal standards
• Staff should be involved in the development
• All employees should receive training on the policy and
reason for existence
• A living document requiring updating when laws
change or court rulings are issued
• Encompassing all state and federally mandated policies
Final thoughts
• When you begin as a Chief, you are responsible for
every policy in the manual whether you approved it or
not. Change it soon if you have concerns.
• Usually best to avoid absolute phrasing: Shall, must,
always etc. Policies that have some discretion leave
room for the multitude of differing factors present in
every situation, and help provide a legal cushion in the
event of a lawsuit.
• Equally damaging to have no policy on a subject that
needs one as it is to have too strict of a policy where
flexibility is required.
Policy resources
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MN POST Board
IACP
IACPNet.com
Lexipol
Minnesota Chiefs of Police Association
League of Minnesota Cities
Police Executive Research Forum
Questions?